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Home My WebLink AboutTC Agd Pkt 1996-03-20 F. PUBLIC HEARING 4) TREE ORDINANCE - AMENDMENTS TO CHAPTER 15A OF THE TIBURON TOWN E. NEW BUSINESS 3) OLYMPIC TORCH CEREMONY - MAY 4 TORCH RELAY (participation & Cooperation by Tiburon - Robin Foster, Tiburon Volunteer) I) TOWN COUNCIL MINUTES (Approval).. #1081, MARCH 6, 1996 2) TRIBUTE TO ROBIN SWEENY .. SAUSALITO COUNCILMEMBER (Adopt Resolution) TIBURON TOWN COUNCIL A. ROLL CALL (7:30 p.m.) B. ANNOUNCEMENT OF CLOSED SESSION ACTION (lfany) C. PUBLIC QUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda to mo//ers nol already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the lime it is called Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda. D. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of an item for discussion. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall (415) ~7373. NotifICation 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title III (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak Directly into Microphone. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: MARCH 20, 1996 7:30 P.M. 7:15 P.M. MEETING DATE: MEETING TIME: CLOSED SESSION: REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. TIBURON TOWN COUNCIL TIBURON PLANNING COMMISSION JOINT MEETING AGENDA 1 ,( ,1 I, I{( ./\ B) Adopt resolution recommending that the Town Council certifY the Mitigated Negative Declaration for the project and approve the proposed General Plan and Zoning Ordinance amendments I. PLANNING COMMISSION A) Conduct Public Hearing ACTION REOUIRED Building Advisory Committee Chair Jim Wilson will provide status report and respond to questions, . NEW DOWNTOWN TOWN HALL PROJECT (ISIS Tiburon Boulevard) - Consideration ofa proposed 9,000 square foot new Town Hall and Council Chambers on 0.5 acres ofland (portion of Assessor Parcel No. 58-171-82). The project includes a general plan amendment and rezoning from Neighborhood Commercial to Public/Quasi-Public; adoption of special processing procedures for the Town Hall, and amendments to the Zelinsky Master and Precise Plans, and consideration of a Mitigated Negative Declaration for the project. A. ROLL CALL(8:05 p.m.) B. PUBLIC QUESTIONSAND COMMENTS C. PUBLIC HEARING TOWN COUNCIL AND PLANNING COMMISSION JOINT MEETING D. ADJOURNMENT 1) IS CIBRIAN DRIVE (FILE #39601): Precise Plan Amendment, Marc Loupe and Anette Harris-Loupe, owners. Assessors Parcel No. 38-011-44. Consider continuation without discussion to March 27 or April 1 O. 1996, A. ROLL CALL (8:00 p.m.) B. PUBLIC QUESTIONS AND COMMENTS C. UNFINISHED BUSINESS PLANNING COMMISSION G. ADJOURNMENT CODE REGULATING TREES - 2nd Reading and Adoption 2. TOWN COUNCIL A) Adopt draft resolution certifYing the Mitigated Negative Declaration and approving the Mitigation Monitoring Program. B) Adopt draft resolution approving General Plan Amendment C) Hold first reading of draft ordinances which: 1, Rezone the subject property 2. Establish planning procedures for Town Hall project 3, Amend Zelinsky Master Plan D. ADJOURNMENT Future Activities- Library GrOlmdbreaking Ceremoney (March 24, 1996) March Primary/General Election (March 26, 1996) LouiseTeatherDay(ApriI14,1996) DATE OF MEETING: MARCH 20.1996 NO. 7-1996 DATE POSTED: March 15. 1996 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Town ofTiburon v. Sanborn (Marin Superior Court No. 160247) TOWN COUNCIL MINUTES DRArT P?J-\. AJ~, I - CALL TO ORDER Mayor Nicky Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:36p.m., Wednesday, March 6, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EX-OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf None Town Manager Kleinert, Town Attorneys Sharp & Danforth, Planning Director Anderson, Town Engineer Mohammadi, Building Official Bloomquist, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Wolf said a legal matter had been discussed and that no action had been taken. C. PUBLIC OUESTIONS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1. Hank Bruce, Town's representative on the Hilarita Housing Board, said the rehabilitation project was on schedule, induding the handicap accessibility required by the Town. He said that 40% of the Town's total funding ($150,000) had been used to date and that other funding had been sought from Marin Community Foundation and the County. Mr. Bruce estimated he would know about the additional grant funding the following week. E. RECOGNITION OF TOWN SERVICE 2. Town Manager Kleinert presented plaques to a) Jeff Slavtiz for his service on the Design Review Board 1991-1995, and b) Lisa Klairmont for her service on the Parks & Open Space Commission 1990-1995. F. CONSENT CALENDAR 3. Minutes #1079, February 20, 1996; #1080, February 21,1996. 4. Investment Summary dated January 31, 1996. 5. Fair Housing Month (April) - Resolution. Town Council Minutes #1081 March 6, 1996 MOTION: Moved: Vote: To approve Consent Calendar Thayer, Seconded by Hennessy Unanimous G. NEW BUSINESS Senior Housing Advisory Committee (SHAC), Larry Smith, Chair, said that SHAC would like to make a recommendation regarding the disposition of the Ned's Way site to Council at the end of the month or the beginning of April. He suggested a "workshop" format with both Town Council and Planning Commission in order to "enter into dialog and reach consensus" on some of the points being presented. He said the committee recommended pursuing a developer competition for the project and that a final RFP was now complete. Smith said building a senior housing project consisting of the proposed 25 units on 1.6 acres represented "a challenge of the highest order. " Smith said SHAC member Jerry Riessen, also co-Chair of the "Last Chance Open Space Committee," proposed adding the two acres of open space behind Town Hall to the project in order to make the project more attractive to developers and to use the proceeds on the sale towards the purchase of the Harroman and Martha properties. He said it could be a "win-win" situation for everyone. Chair Smith asked'for Council's approval to have both the 1.6 and 2-acre parcels appraised. Councilmember Ginalski asked how much money the sale of the land would raise and whether there would be housing built on both parcels. Councilmember Hennessy said the Town would need an election to sell offa piece of property purchased with open space funds, and that she felt strongly about building the police station at Ned's Way without further delay. During the public hearing, Karen Nygren, Paseo Mirasol, said the SHAC proposal was intriguing but that a promise had been made to the voters to build no more than 25 units on the site. She also cited traffic problems associated with increased density. Nat Marans, Spanish Trail, said open space land was not to be sold in Tiburon, especially to finance a "ridiculous" project. Jim Wilson, Chair of the Building Advisory Committee, previous member of the 1990 Town Hall Committee, said the 2-acre parcel was not open space, but "public space" purchased with open space funds. He suggested a long-term lease as a possible solution to the sales price issue, Jerry Riessen, 616 Ridge Road, said he was committed to maintaining present levels of traffic and density, but ifit [selling off the two acres] could be used to preserve fewer houses being built on Town Council Minutes #1081 March 6, 1996 2 the Harroman or Martha properties, it should be considered. Chair Smith asked Council to keep an open mind and said an appraisal would provide valuable information. Councilmember Ginalski stated that "open space knows no better friend than me" and said the idea of selling the two acres was outside the scope of the committee's mandate and would set a bad precedent. He said he would like to hear SHAC's recommendation, including an analysis of selling the (I. 6 acres) to the Redevelopment Agency or Ecumenical Housing Association, without a joint meeting. He also said Council should consider at that time whether the work of the committee was done. Vice Mayor Thayer agreed with Ginalski. He said he got involved in Town affairs because of "rampant construction" and cited subsequent actions taken by the Town to limit and reduce density. He said the proposed sale of the two acres would exacerbate a situation even though the intentions were good. He said the Town should do everything within its power to hold down traffic and not create more "congestion points." He also agreed that the police station should be built now and cautioned about entering into a developer competition which could end in litigation like Novato. Councilmember Thompson said the proposal was merely a desire to investigate and supported Council getting an appraisal in order to have more information at its disposal. He cautioned the Council against overreaction and said that swapping open space was an effective strategy, especially when they are not "endless dollars." Councilmember Hennessy said she would not approve any money for an appraisal on the open space, and that the two issues should be kept separate. Mayor Wolf said she would support an appraisal of the lower portion (1.6 acres) of the property. In addition, she stated that whether or not it was legal to sell the other parcel was irrelevant because the Council had a moral obligation [to the voters] to build no more than 25 units at the site. Council agreed to a) the appraisal of the 1.6 acre parcel and b) to hear a presentation on the senior housing development proposal on the 1.6 acres, and c) any other proposal, together with the Planning Commission, by the beginning of April. 7. Downtown Seafood Festival. Joe Conti, head of Spectrum Foods, Northern California, outlined the proposed festival to be held on Main Street on Sunday, June 30, I I :00 a.m. to 7:00 p.m. He said it would be a community event benefitting the local people and merchants with proceeds to the Cousteau Society. He proposed satellite parking and a shuttle but said that Town COWlcil Minutes # 1081 March 6, 1996 3 traffic and attendance would be dictated more by weather than anything else. He also said that Red& White Fleet would sell tickets from San Francisco thereby encouraging people to come by ferry. Council expressed concerns about parking and potential conflicts with other events [Angel Island]. Councilmember Hennessy said the Town needed to raise money for the new Town Hall. Mr. Conti offered Tutto Mare Restaurant on a Monday, Tuesday or Wednesday night as a site for a benefit, During public hearing, Dian Ashley, President of the Tiburon Peninsula Chamber of Commerce, said the Chamber supported the event and also was in favor of closing Main Street more often for similar events. Councilmember Thompson said that Blackie's Pasture should never be considered as satellite parking but suggested the Reed School parking lot. He reminded Council that the traffic study done last summer showed a "maxed out" parking situation only twice in downtown Tiburon during the peak summer period. Councilmember Thayer agreed with Town Manager Kleinert's suggestion that there be a policy about [the frequency of] closing Main Street, maybe just two times a year in addition to the Chamber's Chili and Wine festivals, He said the town was a "bedroom community" and did not support tourism per se. Councilmember Hennessy said she supported tourism via the ferry and that Council had approved overflow parking at Blackie's Pasture if parking monitors were provided [by the requesting parties]. Councilmember Ginalski said he would support the event because it would enhance the community and because there was extra parking due to the Safeway closure, Thompson and Wolfsupported the event as "resident-oriented." Thompson said the event wuold be good for the local economy. Spectrum Foods was given the go-ahead as long as they agreed to work on parking and traffic concerns. H. PUBLIC HEARING 9. Linda Vista Undergrounding Assessment District. Town Manager Kleinert said there had been one telephone protest and that seven out of the eight property owners supported the project. No one spoke during public hearing, MOTION: Moved: Vote: To adopt Resolution Overruling Protests Thompson, Seconded by Hennessy Unanimous Town Council Minutes #1081 March 6, 19% 4 Council heard the project engineer, Irv Schwartz' report. He said eight bids had been received and, even though he was required to take the low bid, he was confident because the next highest bid was very dose, and the company had experience in similar projects in Marin County. MOTION: Moved: Vote: To adopt the Resolution Approving the Amended Engineer's Report, Levying Assessments and Ordering Improvements, Linda Vista Undergrounding Assessment District No. 1994-2 Hennessy, Seconded by Thompson Unanimous I. UNFINISHED BUSINESS 11. Appeal of Design Review Board Decision - Applications for Ramps and Rails at 10, 13-19 & 38 Main Street. (See attached transcript.) Because new information was presented during the reports by Town Engineer Mohammadi and Town consultant Richard Skaff, Mayor Wolf reopened the public hearing. Karen Nygren, Paseo Mirasol, expressed concern about the safety of the proposed ramp and rail system and said that the general public would be forced into the street. She said that was "reverse discrimination." Council concurred that there were substantial health and safety issues created by the proposed applications and cited a letter addressed to Council from a vision-impaired person, Mrs. Ronaldson. It was agreed that more work should be done by applicants to ensure a comprehensive, safe solution for everyone. MOTION: Moved: Vote: MOTION: Moved: Vote: MOTION: Moved: Vote: To Grant the appeal of Amir Zandvakili [10 Main Street], with appropriate and reasonable conditions regarding design and aesthetics to be determined by the Design Review Board. Thayer, Seconded by Hennessy Unanimous To Deny the Purdy Appeal [13-19 Main Street], without prejudice, for reasons discussed; consider all reasonable alternatives and reapply at any time in the future. Thayer, Seconded by Ginalski Unanimous To Deny the appeal of Main Street Properties [38 Main Street], without prejudice; consider all reasonable alternatives with or without the other owners, and to come back with a good and safe solution. Thayer, Seconded by Thompson Unanimous Town Council Minutes #1081 March 6, 1996 5 Staff to prepare resolutions. G. NEW BUSINESS 8. Emergency Operations Center. Council approved temporary relocation of Center to Belvedere Community Center under the recommendation of the Disaster Council. Councilmember Hennessy asked Town Manager Kleinert to investigate what would happen to the volunteer center at the Hilarita. H. PUBLIC HEARING 10. Amendments to Tree Ordinance - 1st Reading. Planning Director Anderson said some of the changes suggested by Ellie Spater [tree mediator] had been made by the Planning Commission. MOTION: Moved: Vote: To read Ordinance by Title Only Ginalski, Seconded by Thayer Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 15A of the Tiburon Municipal Code (Trees)." MOTION: Moved: Vote: To pass first reading of above Ordinance Hennessy, Seconded by Thompson AYES: Ginalski, Hennessy, Thompson, Thayer, Wolf NOES: None J. COMMUNICATIONS 12. Roundtable workshop concerning Ferry Service. Town Manager Kleinert said he and Planning Commissioner Klairmont would attend. 13. Land U sefTransportation Conference. Council agreed to sponsor two participants at a cost of$100 for the conference on May 18. Planning Director Anderson and Councilmember Hennessy to attend. K. STAFF & TOWN MANAGER REPORTS 14. Meeting with Viacom Representatives. Councilmember Ginalski invited fellow Councilmembers to add their comments or attend a meeting with Viacom representative Spotswood on March 20. Town Council Minutes # IOSl March 6, 1996 6 L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 10:37 p.m., sine die. NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town COWlcil Minutes #1081 March 6, 1996 7 TRANSCRIPT OF TffiURON TOWN COUNCIL MEETING: March 6, 1996, Item No. 11 APPEAL OF DESIGN REVIEW BOARD DECISION - Application for Ramps and Rails at 10, 13-19 & 38 Main Street (Zandvakili, Purdy, and Main Street Properties, Applicants and Appellants) Mayor Wolf: John, do you have any comments for us this evening? Town Attorney Sharp: I do, indeed. As you are aware, the Town has been threatened with litigation with regard to providing, that is, the efforts of certain property owners to provide access to disabled persons to businesses on Main Street. Because of that threat oflitigation, we have had the opportunity and we've taken the opportunity to meet in closed session because there have been closed session discussions and open session discussions occurring in the same general time frame, I have to be concerned with certain evidentiary issues that may arise and what I have in mind particularly are certain privileges and legal protections that allow confidentiality among the councilmembers, their attorney, their advisors, staff persons, etc. Whenever a closed session and open session occur again in the same general time frame, there is the potential for overlap between items that are discussed in the closed session and items that are discussed again among the council and its advisors in open session. That creates the potential for privileged materials and privileged items to emerge in open session which, in turn, creates the potential for an outside party to argue that there's been a waiver of something such as the attorney/client privilege or some other confidentiality to which you as council are entitled. Less anything that is discussed in open session be interpreted as a waiver of any such privileges and protections, I want to make it clear that to the extent that any of those things do emerge in open session, that is done with the intent to explore compromise of the issues that embody the threatened litigation and as such, any of those expressions or utterances that emerge are not intended as any waiver of privileges that are held by the Council. Mayor Wolf: Our Town Engineer, Sia [MohammadiJ, I think you have a report for us, Town Engineer Mohammadi: Basically, after the last hearing, and at the Council's direction, what the staff did is look a little bit further into the cumulative effect of these applications, taking into account some further applications that may come in the future to respond to this ADA compliance issue. What we did is do a rough measurement of the whole street from both the North and South side, and lay that down on a plan view with indications of every door, every step, that may have to be accommodated both for ADA compliance and because of the impact of ramps that may be right next to or within a few feet of that certain door. And what we did, we reflected that on two sections, again both North and South, and tried to show how each side of the street may look when you have all these ramps and the railings that would have to be required, and how this whole occilates up and down, and how it may affect other buildings on each side of the particular application. This helped us and it will help everybody else in looking at each isolated application that we have in front of us, beyond what the application shows, These applications that we have don't necessarily, not all of them show how each ramp may affect the buildings on each side of Tiburon Town Council March 6. 1996./temNo. 11 1 them, or, consequently, the other two buildings on the other two sides, because they haven't been exactly to the scale and there is some information which has been missing from some of the applications such as showing the end of each of building and how they may affect the alleyways, things like that. And after we looked at all of this, we noticed that there is quite a bit of concern with allowing all of these to go in individually without looking at the overall picture. Town Attorney Sharp: Mayor, I apologize for the interruption but before the Town Engineer goes on, I think it's important to note for the record that he is referring to some graphic materials that have been prepared and are on display here in the Council Chambers. And I don't know what the best way to reference those for the tape is, but that ought to be done. Councilmember Ginalski: Perhaps, mark them as one, two and three, ... Town Attorney Sharp: I think that's a good idea. Sia, if you want to just pencil that in as you refer to them....or number them any way that's convenient for you. Town Engineer Mohammadi: This is our base plan, and everything is based on this. I will refer to that as "Exhibit I," and we'll refer to the South side of the street, the section that shows schematically the South side of the street, as "Exhibit 2," and we'll refer to the North side exhibit as "Exhibit 3. " We also have two other sections just for convenience to show how this is a section of the street as it exists right now. You have steps that go into each building on each side of the street, this is the North and this is the South, and it shows the sidewalk which is basically five feet wide on each side of the street, and it shows the street itself, the street, the gutter, and the depth of the gutter which is six inches. If these ramps go in, what we get, on each side, is the height of the curb would go and range from 10 to 18 inches high, so we would have to provide railings on each side, and that's what this proposed section shows. It's the same section if the railings go in. And we would call this "Exhibit 4." And Exhibit 5 is just showing what a ramp and landing with railing would look like, just for the people who may be wondering what the detail of this is. Councilmember Thompson: And correct me if I'm wrong, these are the Town's drawings, the best effort to extrapolate from the submitted permit plans of the applicants as to how they best think they would look. Town Attorney Sharp: That's the question I was going to ask through the chair of the engineer. That's my understanding. Town Engineer Mohammadi: Right. This is our effort to show schematically what we think the final product would look like. MayorWolf: OK Vice Mayor Thayer: Sia, let me make sure that I understand your explanation. In the various exhibits you've got up there, particularly 1, 2 and 3, this is your identification of the various Tiburon Town Council March 6.1996. Item No. J J 2 applications presented to the Town and you extrapolate from that to scale. Town Engineer Mohammadi: Right, Vice Mayor Thayer: What those various applications would represent, you've depicted that in Exhibits I, 2 & 3. Town Engineer Mohammadi: Right. Vice Mayor Thayer: And in addition to depicting in scale the applications that have been submitted, you've made an assumption that other businesses along Main Street that do not have applications presently before the Town ultimately would have to make such an application in order to comply with ADA requirements. And you've assumed that why the railings on Main Street seem to appear in the various exhibits to be continuous virtually along the length of the street. Town Engineer Mohammadi: Right. It's basically that and the fact that some of the proposed railings impact other doors that would have to be accommodated although not for ADA compliance, but just the fact that a railing crosses the door at six inches high, and you have to provide for that door or you have shut it and not use it, Basically we had to assume that all the buildings that may come in later with applications. Vice Mayor Thayer: Now, in Exhibit 2 I see the third building from the left that has three doors and railings, and it looks from where I'm sitting that one of the ramps extends into what appears to be a space between the second and third building. Town Engineer Mohammadi: That was the first building I wanted to talk about, This is one of the applications--the red star on Exhibits 2 and 3 show where the applications are in front of us right now. This is Purdy's building. The way we did it to scale to accommodate three doors at I3-y:' inch high, II inch and II-l/2 inch high, with a certain distance away from each other which we have down here, the ramp would eventually go beyond the side of the building and it would partially block the alleyway that is between Purdy's and Tutto Mare, and on the other side, it would partially block an alleyway that right now has a door but has an alleyway behind it, by a few feet. Vice Mayor Thayer: Does that blockage show on the application? Town Engineer Mohammadi: They show it on one section, they don't show it, they show it on one of their plans but not on another. They also have a disclaimer that says the ramps may not fully comply with Title 24, that's where they're referring in order not to partially block the alleyway, they have to come up with a steeper grade to end the ramp before it goes beyond the side of the building. And that's where the non-compliance comes up. Town Attorney Sharp: Mayor, again I apologize, but I think it's very important to have Tiburon Town Council March 6.1996 . Jtem No. 1 J 3 . clarity on these issues, and if I could ask a question again of Sia. Mayor Wolf: Yes, please do. Town Attorney Sharp: When you took into account the required slope in order, or grade, in order to calculate what the ultimate configuration would be which brings the end of the ramp into the alleyway, I don't know what direction that is, but on the side of Purdy building, did you calculate slope or grade according to ADA and/or Title 24 requirements? Town Engineer Mohammadi: Yes, we did. Mayor Wolf: Is that it? Town Engineer Mohammadi: There's also another example, again, I'll point to the applications we have. This is on Exhibit 3, we have two doors for No. 28 and 26 Main Street that, if you just look at the isolated application, you have the landing and the ramps, but if you draw the other building, the ramp, for instance in front of No. 28, by the time it has accommodated the four-inch height and by the time it comes down on each side to meet the surface of the sidewalk, it will go beyond the property. So we have to make that ramp continuous to meet the other buildings and if you don't do that you basically block another door or window of another building. So this is the ramp situation, but there are other issues with the fact that we have a tunnel effect, the safety issues of parking, we could get into all of that. MayorWolf: OK. Town Attorney Sharp: Does it impact on crosswalks, is there not? Town Engineer Mohammadi: The crosswalk, the existing crosswalk right now is in front of Rooneys, approximately, that would get blocked because the building across the street would have railing and ramp in front of it, so the crosswalk would have tobe moved to the other side of the street closer to Tutto Mare and Purdy's building. What happens is, what we're concerned about is, first of all, we eliminate all the parking on the street, and we would still have loading and unloading and people being dropped off in their cars, and if we have railing on each side, residents and people who use the street, from a traffic safety point of view, assume that shouldn't be any people on the street because we have railing. But we will still get either people dropped off, or people for sake of convenience because of all these railings would probably jump the railings, and the drivers would tend to drive faster on the street because they don't expect people on the street. And right now, one may call it jaywalking, but everybody expects, the drivers do expect people to be crossing the street a lot because of the effect of Main Street. When we do this, we create a hazard, a traffic hazard, just by the fact that the drivers think that there shouldn't be anybody in the street. If there is someone on the street, there is no where, we're blocking their escaping area, they can't just jump away on the sidewalk, and the opportunity of hitting someone is a lot higher. And there is also the loading and unloading for the delivery trucks, it would be quite inconvenient. Tiburon Town Council March 6. J 996 -Item No. J J 4 Mayor Wolf: I think Jeny [Thayer] has another question. Vice Mayor Thayer: Along the line of your discussion of the railing, and the inconvenience of access by people being dropped off on the street, is this, are there any fire code standards that would apply to this type of construction? Town Engineer Mohammadi: We are in the process of checking with the fire department, as to code violations. They're supposed to be getting back to us. Councilmember Thompson: Along that same question, the Fire Department has not seen these plans right here? Town Engineer Mohammadi: They haven't seen these plans, They had a conversation with the Building Department but they haven't seen these plans, Am I right, Dean? [garbled] Mayor Wolf: OK, we have a question, Teny. Councilmember Hennessy: Sia, if you have a person in a wheelchair and somebody's trying to make a delivery, and they've got one of those hand carts and they're delivering cases of beer to the restaurants, is there enough room on the five-foot sidewalk for them to be able to pass each other ifthere are other pedestrians in the way? Town Engineer Mohammadi: No. Not unless they really squeeze by each other. Councilmember Hennessy: So that creates another traffic hazard. Town Engineer Mohammadi: Right. Councilmember Hennessy: A pedestrian traffic hazard. Town Engineer Mohammadi: And other thing is, we haven't looked at other disabled people such as blind people, because of the fact that these sidewalks go up and down to accommodate each door. Councilmember Hennessy: So a person using a walker would have difficulty going up and down the undulating sidewalks, as well as the visually impaired. Town Engineer Mohammadi: Right. Mayor Wolf: Are there any other questions ofSia? [end of tape 2, Side A] Tiburon Town Council March 6. 1996 -Item No. J J 5 [beginning of tape 2, Side B] Councilmember Hennessy: One more question. For the Angel Island access, what kind of a ramp would be provided in that area for people to access the ferry? Town Engineer Mohammadi: The ferry entrance, or the main access to the ferry area, is this alleyway here next to No. 21 and No. 23, and that area as far as we know right now, we don't expect it to have any ramps, as far as we've investigated it, it's already open. Councilmember Hennessy: So there wouldn't be any handrails in that area? Town Engineer Mohammadi: No, we don't expect any, Building Official Bloomquist: There'd be no cross street access because you there would be a railing on the other side of the street. Town Engineer Mohammadi: Right. Mayor Wolf: But I think you have a railing drawn in there that's the existing railing. Town Engineer Mohammadi: The existing railing is in front of Bird & Hound. That's already in place. Mayor Wolf: OK Any other questions from Council of Sia? OK Then I'd now like to introduce Mr, Richard Skaff, whom the Town has asked to consult, to serve as a consultant on this matter. Mr. Skaff, if you'd please give us your report. Mr. Skaff: Thank you. Mayor Wolf, and members of the Tiburon town Council, thank you for having me here tonight. First, let me explain my background, My background is presently in building code as a building code expert, specifically in the areas of Federal and State access requirements, both building code and regulatory. I act as a consultant to many public entities and as an expert witness in a number of cases. I also, and I should say this, I do work for the City of San Francisco, although I want to make it clear that I'm not here this evening representing any other entity except the Town of Tiburon, and I'm thankful to do that. I would like to first clarifY the issues of regulations with regard to this project. In the sense that ADA and Title 24 have been talked about a lot tonight, I want to make clear that in this particular case it is my understanding that the lawsuit presently is in relation to the businesses on Main Street, which would then make this a Title 3 public accommodation issue, not directly affecting the Town of Tiburon under a Title 2 requirement. Both private and public entities are required under the ADA to make their programs and services in their existing facilities, which these are, accessible to persons with disabilities. In fact, the Town has their program accessible. A disabled person presently can enter either end of Main Street and access both sides of the sidewalk. So the Town's program, the public sidewalk, is accessible. It is the public Tiburon Town Council March 6, 1996~lremNo. 11 6 accommodations that presently, in many cases, do not provide access. And ADA, under the regulatory sections of ADA, require "readily achievable" accessibility. Which means based upon the businesses' ability to provide access they must review their business entity facility, determine what is not allowing the person with a disability to enter their or use their facility, and within reason, based upon their financial and physical ability, make that facility accessible. In this case, it appears that the public entity is being asked to provide that solution by making changes to the public facilities, the public sidewalks. My question, when I first saw this, as one who deals with planning issues on a daily basis, is were there any other proposals provided to the Town Engineer, the Town Building Official and the Town Planning Department, in the sense that, are there are alternatives can be accommodated on the private property itself before the City is approached to resolve the problem on public property? Typically, public entities attempt to maintain and protect the use of public sidewalks, public right-of-way to the general public, and not accommodate individual businesses' needs for those by using public right-of-way, public sidewalk, Also, as has been stated by the engineer, I have some very great concerns with the complexity of this design. And the engineer is correct in the sense that if one location affects a change on the sidewalk it will in fact snowball, have a snowball affect on the entire sidewalk area in relation to the other businesses. And I believe that the type of design that is being proposed for the few applications that have been provided to the Town could have a major impact on both the general function of Main Street for general operation as well as the implications it could have on function for people for disabilities. I would like to suggest strongly a couple of options: 1) That alternatives in each business be looked at on the business property prior to solutions on public right-of-way, and that would mean not just for the front entrance but alternative entrances to each of the businesses. You mayor may not be aware of the fact that neither federal nor state law access codes require in existing buildings when isn't feasible to make the main entrance accessible. Alternative entrances with appropriate signage so that people can find it easily, with all the appropriate technical aspects included, door hardware, width of access, all of those things, would provide as good accesses as if it were from the front entrance. In new construction, everything has to be accessible, but in designing these regulations it was understood that in existing buildings it is often technically infeasible to make every entrance, or make even the front entrance accessible. Additionally, 2) I would suggest that members representing different parts of the disability community should be part of this, and ADA, in fact, talks about the need to have not technical in the sense of engineering input from the disabled community, but disability-related technical information, how people that are blind function, how people that are deaf function, how people using walkers function. You brought up a point, Mayor, I believe it was the Mayor, what would happen to people using walkers going up and down - Mayor Wolf: That was Councilmember Hennessy. Mr. Skaff: I apologize. A person using a walker, an elderly person, first now has lost the two accessible parking places closest to the entrances to most of the buildings, businesses downtown. There is one on the North, they're both on the North side--one by the pathway to the theater, and one at the Tiburon Boulevard entrance. The intent of those two parking spaces was to provide a shorter path of travel from parking to the business community. Those would be removed, Tiburon Town Council March 6. J 996 -Item No. J J 7 Secondly, there would be no drop-off location, or limited drop-off locations for people that are using public transit, Paratransit, for example, uses vans to drop off people with disabilities. Elderly people have family members drop them in their vehicles, and this type of system would, in many cases, preclude that access. So I think that although this is a first attempt to look at the issue and respond to the concerns of access, I am not hearing the Town say they are not interested in access. I am hearing the Town say they want access, but they want good, safe access, that will provide access for everybody and allow the Main Street businesses to continue to function too. I would suggest that with disabled members of your community helping you, and I understand that you have already have a committee, I would suggest looking at other options and working with the businesses because, as it's been stated, the other businesses that are not yet providing you with applications are going to have to at some point. I am here to answer any questions you may have. Mayor Wolf: OK, any questions of Mr. Skaff at this time? We'll reserve our right to ask questions later, perhaps. Vice Mayor Thayer: Your statement was so rich in content. On that last point, the other businesses, do you believe that it would be useful if other businesses that have not yet made application under the engineer's presentation, which we presume to be forced into making application at some time, that they be encouraged to work together with those that have already made applications [to look at] feasible alternatives for the entire street? Mr. Skaff: Well, from my understanding of the lawsuit, it is the intent of the person filing the suit to gain access to businesses in Tiburon, I would assume that same person is not interested in only part of the business community being accessible, but all of it. And that may be a matter of the ability to handle many cases, I can't speak to that. I would assume, however, that same person, Mr. Connally, would want all of the businesses, ifnot immediately be, but eventually be accessible and in fact if that's the case, they will all have to at some point look at the issue. And yes, in a situation like this where you have this kind of impact being proposed, I would think that they would not only want to because it's good planning, but they would want to because of the possible impacts to their entrances that could be very negative. Mayor Wolf: Thank you. Actually, I have a question of Bob. We do not have a committee at this time, do we? Town Manager Kleinert: Well, I think Mr. Skaff indicated that like all cities there was supposed to be a plan put together, a transition plan, and we're supposed to have certain citizens help us work with that. We did have a committee and there were some meetings, our Town Attorney was working with this committee, but I believe it is inactive. Mayor Wolf: It's been disbanded. Town Manager Kleinert: There is no current committee. Tiburon Town Council March 6.1996. Item No. J j 8 Building Official Bloomquist: You don't need that transition plan unless you're 50,000 in the city, so we don't actually have to have it. Town Manager Kleinert: Well, we had a committee that functioned, that helped us with putting in a lot of curb cuts and things like that. Mayor Wolf: But there's currently no committee. [Mayor Wolf reopens the public hearing.] End of transcript, Tape 2, Side B. Diane L. Crane Town Clerk March 14, 1996 Tiburon Town Council March 6, 1996-1temNo. 11 9 T-k1'1A. M. 2- RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING ROBIN SWEENY FOR HER MANY CONTRIBUTIONS TO THE POLITICAL LIFE AND BETTERMENT OF MARIN COUNTY WHEREAS, Robin Sweeny has been a member of the Sausalito City Council for 28 years, serving four times as Mayor, and WHEREAS, Robin Sweeny began her political career with the slogan "SAVE OUR SHORES" and has maintained a high level of awareness on all water-oriented issues throughout her many terms on the city Council, and WHEREAS, Robin Sweeny has been a member of the Richardson Bay Regional Agency since its inception, and WHEREAS, Robin Sweeny was instrumental in the development of Dunphy Park, a park of nearly ten acres in Sausalito, including underwater and waterfront lands, and WHEREAS, Robin Sweeny helped make the possible the move of old Sausalito City Hall to its present location, and WHEREAS, Robin Sweeny, as a member of the Board of Directors of Rotary Housing, helped develop affordable senior rentals in Sausalito, NOW, THEREFORE, BE IT RESOLVED that the Town Council ofthe Town of Tiburon does hereby join with the other cities of Marin County in celebration and grateful appreciation of Robin Sweeny's many contributions over three decades of public service. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK To: From: Date: Subject: Tiburon Town Council Members Robin Foster March 14, 1996 Cooperative events/planning with town of Sausalito 3/~o/90 /L-;Ph1 -roWN CadNOL ;1Jt,:3 I " On March 12, Sausalito's Chamber, Lion's Club, and Rotary met to discuss planning and events surrounding the May 4 Torch Relay. I've been informed by Lydia Cameron, the Torch Relay volunteer coordinator for Sausalito, that the Sausalito committee welcomes participation from the towns of Tiburon and Belvedere in planning events surrounding the Torch Relay, and encourages Tiburon and Belvedere citizens to come to Sausalito on May 4 to get out along the route, The committee has offered to provide free parking for Tiburon and Belvedere residents in downtown Sausalito on the morning of May 4, Lydia suggested that Tiburon and Belvedere community flags and banners welcoming the torch bearers could be positioned prominently along the Sausalito route, Signs can say "Tiburon welcomes..." but cannot use the word "sponsor" (for example, a sign saying "Tiburon sponsors..." would not be permitted), Sausalito Lion's Club is planning a pancake breakfast to benefit the Fire Department. This event would take place between 7 - 10 AM near Horizons in Sausalito, Details are still being worked out. 1.-'\ IC~~ (r.'\ ;\,=' ~ \\ '.'/ IT::",~ r"J In, ,. 1"- I '" l";~:IC :;:::,~ "j.:--",... "", ) U ",_ MAR I (~19;6 . TO\VN ;',1ANAGERS OFFICE TOVm OF TIBURON Olympic Torch Relay At a Glance What? The Olympic Torch will be carried by 59 Bay Area community heroes and former Olympians on its way through the Bay Area en route to the Atlanta games this summer, When? On Saturday morning, May 4, the Olympic Torch relay will pass from San Francisco, over the Golden Gate Bridge, through Marin County, and then continue north into Napa. Where? From Marina Green, crossing the Golden Gate Bridge, through Sausalito, Mill Valley, Larkspur, Kentfield, San Rafael. Key Messages · Save the date: May 4, between 6 - 10 AM · Rally as many Marin county citizens as possible to get out on the route · Wear Red, White, and Blue · Wave flags, balloons, posters, banners Volul/teer cOl/tact for Tiburoll Robin Foster 65 Red Hill Circle, Apt. K Tiburon 435- 3684 Volul/teer cOl/tactfor schools participatiol/ (coul/ty,wide) Susan Boley PO Box 984 Larkspur 94977 hm 662-2117 wk 927-6953 Olympic Torch Relay Task Force cOl/tacts Norma Howard 6000 State Fann Dr. Rohnert Park 94928 415-499-4949 Marilyn Parks United Way 4340 Redwood Highway, Suite 400 San Rafael 94903 415-492-4422 ,~_.:~ ".,.i;;:~'Q) bOO E ''''''::~~:''E.'t,~.~c..;,->..~ ~~ :.s;tU ~ s:l.S....... ''2'.J:l~~'~~~'a~~ op>>J- ., :>+:' ~if~ ="O....~ ""'!vGa1~.::'-\.tC4t.ctS.Q) ~'a1 ........0: ~p~ 0:;:: O;..!l4 >..:.J:t>.<Q>:! '';'; bD~~ ~- " .,c'::E,5' ;:;~-'''''''8 --.!"'- _P_<.~'!l"l:l'=,; ',_s.........o ,- ,,>> "l:l" "'=1il "" . ~lL~;E~~~ f t' ~:~..~~ t~"2.... ...~ (,) " """ ~"o-" ""'<:l 0 "',-"_ 0" ... 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Q UJ 0 cD Q 0 l<l ;; J;:;80 btIQ.l O'J UJ co:l:-.-..c::.c 0 b.Oo C) 1} 0 1-0 ::l,.d J:: ~ ,..-.I 1: ~ ~ ti.S lC I ~ "'tj ~'ii1 \U Cl,) eE-t.6'.o~~.ao >.G.I is ;u:i" ~ ~ ~~~~ ~~~~ ~d~~~ -1t1ll/1M1 L-.~ ~~J2 ^\a-+lCo ~"" ... ::J o u.. ~ ...., ~-- l~ . 4- <>J "'ii ~-.:S '-- e9 ::r- 0/\'[;- -~ ., "11 .i" . . THE UNITED WAY, HEAIlQ\I.un:u 50 Californi. Street. ~.ile San Francisco. CA 94111 (415) 772-4300 Contact: David Emanuel, ACOG 404-224-5444 1996 OLYMPIC TORCH RELAY At A Glance WHAT: An 84-day, 15,OOQ-mile trek across the USA. beginning April 27 in Los Angeles, dining which the Olympic flame is transferred from torch to torch until it arrives in Atlanta for the Centennial Olympic Games on July 19. WHY: In ancient Greece, a sacred truce was called so athletes could peacefully compete at the Olympic Games. Before the Games. runners - called "heralds of peace" -- traveled Greece proc1aiming the beginning of the truce and issuing the clarion call to the Games. The custom was revived in 1936. adding the symbolism of a torch lit in Olympia, Greece by the rays of the sun. The torch relay has preceded every Olympic Games since then. WHO: Approximately 10,000 torchbearers will have the opportunity to carry the Olympic: flame on its journey across the nation. ACOG and United Way organizations across the country conducted a nationwide search for the 5,500 "Community Heroes" that best represent the Olympic SpiriL They were selected for their contributions to others and their community, ranging from performing outstanding volunteer work and serving as community role models to performing acts of generosity and kindness. These citizens will represent their local communities as the Olympic flame passes through thousands of cities and towns across America. Another 2,500 Olympic torchbearers will be selected through the "Share the Spirit" campaign, organized by Olympic Torch Relay presenter, Coca. Cola. Approximately 800 Olympians will carry the flame during the relay. The remaining torchbearers will be representatives from the media and those who participate in the Olympic movemenL Each torchbearer will run approximately one kilometer (.62 mile) carrying a specially designed Olympic Torch. The ton:b features: · twenty-two aluminum "reeds" gathered in the center to represent the 22 Modern Olympic Games; · a center handle of Geor-gia hardwood; and · a system that will help the name resist wind and rain during the relay. L o NEWS THE UNITED WAY FOR IMMEDIATE RELEASE Contact: Ho.... M.rtlD 415n72-4394 Bay Area "Heroes" to Carry Olympic Flame in 1996 Torch Relay SAN FRANCISCO (February 15, 1996) -- San Francisco Mayor Willie Brown and other civic and United Way officials today were at the Holiday Inn Union Square where 59 "Community Heroes" and a number of former Olympians were named local bearers of the Olympic Torch as it makes its way through the Bay Area en route to the Atlanta games. The 1996 Olympic Torch Relay, presented by Coca-Cola, begins April 27 in Los Angeles, blazing an 84-day, 15,OOO-mile path through 42 states on the way to the Olympics' opening ceremony in Atlanta on July 19. Local United Ways across the country are providing volunteer and community support for the relay, The Community Heroes -- people who mirror the Olympic ideals in their contributions to others in their communities -- were chosen from thousands of applicants by a citizen panel composed of a cross-section of local leaders, The panel searched for individuals who perform outstanding volunteer work; serve as community leaders, role models or mentors; perform acts of generosity or kindness;' have noteworthy accomplishments; and perform extraordinary feats, "These people embrace what is best about America and we are proud to honor these deserving citizens," explained Billy Payne, president and CEO of the Atlanta Committee for the Olympic Games (ACOG), "The sacred Olympic Flame is a time-honored icon of peace, friendship and hwnanitarianism," he added, "and we are confident that as these torchbearers carry the Flame, they will play an important role as local ambassadors, igniting the Olympic spirit in thousands of communities across America." Each torchbearer will carry the Olympic Flame up to one kilometer during the 84-day relay, ACOG will assign torchbearer positions along the relay route, slotting them as close as possible to their communities. All torchbearers are at least 12 years old, and represent the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Joaquin, San Mateo, Solano and Stanislaus, "We thank everyone who applied or nominated someone to carry the Olympic Flame," said Thomas A, Ruppanner, president of The United Way of the Bay Area. "Our community is filled with heroes, and we believe that the Community Heroes presented here today represent what is best about our country." # # # # . HEADQUAIlTEita 50 California Street, Suite 2 San Francisco. CA 94111-4< (415) 772-4300 THE UNITED WAY (Sample Photo Caption) Local Community Heroes Honored as Olympic Torchbearers [CITY] (February IS, 1996) -- In a special gathering at the Holiday Inn Union Square, San Francisco Mayor Willie Brown and local leaders announced the selection of "Community Heroes" to represent their communities in the Olympic Torch Relay, (INSERT NAMES OF TORCHBEARERS AS THEY APPEAR IN PHOTO) were identified during a nationwide search for people who make extraordinary contributions to others and their communities and best represent the Olympic Spirit. Each torchbearer will carry the Olympic Flame up to one kilometer (.62 mile) during the 84-day relay, which begins April 27 in Los Angeles, and concludes July 19 at the Opening Ceremony of the Centennial Olympic Games in Atlanta, The Atlanta Committee for the Olympic Games (ACOG) will assign torchbearer positions along the relay route, slotting them as close as possible' to their communities, All torchbearers are at least 12 years old, and will carry a 3,S-lb, torch, . /; il!~ ,t. '. 'f4, ',.' ' , ~'ttF' ":)f James Autrey of Modesto, president of the local Jaycees, organizes suc~ '>1"'r.t,' community activities as Christmas shopping sprees for disadvantaged chil&en and an internation rugby tournament that benefits the Police Activities " " League. He also is active in Big Brothers & Big Sisters, and arranges roller skating and pizza parties for the children. Rebekah Gordon of Burlingame represented her high school at American Legion's Girls State, and toured Australia as a People-to-People Student Ambassador. She is president of Interact, which works with the Rotary Club on public service projects. For four years she has volunteered at convalescent hospitals, and has recruited others to help at those institutions. She has helped her church build homes for poor people in Mexico, and this year will go to Chile to work with blind children. Jerry Young of Fairfield in 1995 was named "Senior Athlete of the Year" in the Solano County Senior Games, He has participated in 10 marathons, including the Boston run, in the last three years, and has again qualified for the State Senior Games, At Oakland's Summit Medical Center, where he is employed, Jerry has organized a running team that now has 25 members. }. Jenny Houston of Fairfax has for 22 years cared for her brain-damaged son, who was hit by a drunk driver. During this time, she also helped establish four nonprofit organizations for people with disabilities. To make the public aware of needs and to help make a better world, she regularly contributes essays and letters to publications, Sister Miriam Walsh of San Francisco is famous for her acts of kindness and love at Laguna Honda Hospital. She helps feed the hungry, and recently arranged for one of the patients to receive an electric wheelchair. She works at the hospital five or six days a week, even at times when she herself was ill. Keith Metzger of Moraga, as an Eagle Scout, initiated a project to rebuild the drainage system of a damaged cross country course. He recruited 22 people to volunteer more than 400 hours to repair the course and allow the Northern California High School Championships to be held there. He now, coaches soccer and Special Olympic teams for young people. ~ Marlena Ubrik of Hayward organized and operates "The Breakfast Club," a program that feeds hundreds of hungry children during vacation breaks when school lunches are not available. Begun in 1992 with the assistance of The Salvation Army, the program relies totally on local donations; it has been expanded to include a literacy and parent education service. Scott Jenson of N~ 'bs a member of the following committees, is deeply involved in improving his community's quality of life : Making Napa a World- Class Community; Napa Flood Control Project -- Business Sector; and Napa Family Trust (which donates money to the needy). Scott also was a coach in the Napa T-ball Association for three years and president of the group for two. For two years he was an umpire for Little League Baseball, and raised $15,000 for the organization. Frank Porto of Oakland risked his life to save another, and in 1994 was selected by Reader's Digest as one of its "Heroes for Today." An "activist" in the truest sense, Frank broke his leg while rescuing a woman from an attacker, and once caught and held a robber until the police arrived. ~ Joanne Greenbaum of Larkspur has, for seven years, volunteered 50 hours a month to the Marin AIDS Project, where she provides support and love to individuals and groups. She drives patients to appointments, and more than often has sat with them and held their hands as they died. Barbie Lickness of Danville has led both Girl and Boy Scout troops in her community, She's taught Sunday School at Danville Community Presbyterian Church, and coached girls' soccer teams. She has been "room mom" in three classes at Sycamore Valley Elementary School, and served on the PTA as Assembly Coordinator. Nancy Fox of Modesto, a mother of three, in 1988 received a life-saving heartllung transplant at the University of Arizona Medical Center. Since her surgery, she had held a fulltime supervisory position with Lucky Stores, and volunteers for the Girl Scouts, Parent-Teacher Club, DMC Hospital Auxiliary, KIDS SAFE, and "Volunteers For Life." She started a donation awareness program in the school system, and has appeared on national television. ' Pelton Stewart of Vallejo is executive director of the "I Have a Dream" '" ' .' Foundation, and chairs the board of the Greater Vallejo Recreation D~strict He also is a member of the Napa-Solano United Way board of directors and of Omega Psi Phi fraternity, He is advisor to Boys' Torch Club-Continentals of Omega Boys & Girls Club, and serves on the board of the Contra Costa and Solano counties Food Banks. Each year he distributes more than a half- million books to children. -f'- Christ Wendlandt of Novato was Canine Handler during the deployment of California Urban Search and Rescue Task Force 3, to the Oklahoma City Murrah Building Bombing Incident on April 19, 1995, The team was in Oklahoma 10 days, working 16-hour shifts, Joel Ventresca of San Francisco for over two decades -- and on a totally voluntary basis -- has worked with neighborhood, environmental, labor and government representatives for constructive change in the city. He set up the first children's after-school and job placement program in a San Francisco branch library, and helped build the largest community-based recycling program in the region, He is the only person to testify four times before the Congressional Committee on National Parks. Jason Mustard of Byron is co-host of a radio show that focuses on teen issues and community relations. He is a mentor to other studentsr encouraging them to performs services for the community and to initiate worthwhile and effective projects. He has started a drive to raise money to help Cambodians drill wells in their villages. James Hormel of San Francisco was a founder of a local Human Rights campaign and of 18th Street Services, a substance abuse recovery program. He also raises funds for the San Francisco AIDS Foundation, Project Open Hand, AIDS Emergency Fund, and Shanti Project. The New Main Library's Gay/Lesbian Center has received strong support from him, He was a member of the US, Delegation to the 51st United Nations Human Rights Commission, and served on the platform committee at the 1992 Democratic National Convention, '. \{ Francisca de Castro of San Mateo has given numerous hours of service to ...~ such community organizations as Centro Cultural Latino, La Gente editorial ' board, the Hispanic Chamber of Commerce, and has chaired the North County EOC Youth Program. She has received service awards from the Volunteer Center of San Mateo County, Special Olympics, American Business Women's Association, and was nominated to the county's Women's Hall of Fame. Timothy Richman of San Francisco, a volunteer fireman, goes whitewater rafting and skiing with physically and developmentally disabled adults and children. He also bowls to raise money for the Bay Area Down Syndrome League, Franklin Dill of San Francisco is heard by thousands of Northem Californians because for 30 years he has been the Morning Show host on radio station KNBR. He has used his position and the power of the station to raise awareness and money for thousands of worthwhile causes. During the 1989 Loma Preita Earthquake, for instance, he spearheaded the KNBR drive to raise funds, resulting in a donation of $650,000 to local relief and a national award from the American Red Cross, Frank also has received awards from the American Cancer Society, American Heart Association, San Francisco Guardsmen, and Muscular Dystrophy Association. ,> " Gregory Gillis of Hayward loves sports and has been running or swimming daily for more than 20 years. His volunteer and leadership activities in the community include City Zoning Board chairman, YMCA Board chairman, Boy Scout leader, and assisting with youth soccer, swim and track teams. He particularly enjoys giving swimming lessons to young people, -* Joy Phoenix of San Rafael in 1984 founded the Marin County Chapter of Mothers Against Drunk Driving, and has served as coordinator of the chapter's annual Poster/Essay Contest for 11 years. Approximately 4,000 young people have participated in the program. Joy also volunteers for Sunny Hills Children's Services, Youth In Arts, and is a board member and photographer for the Italian Street Painting Festival. lRCHBEARER: ~I<!!" iEggert ~~8_, ,Richard Palmer ---- ~406-277~13 :51~96 .'_.-_.~--_.~~--_.- - --- - ~--- ,RuIh 'Brinker " -'--~1s-487,9778 1415-695-9670 [waner _.-- - --IChiOrie~ m_____;- ",1S-9684093' Tad<-----R;i8Y - -- ~96 \P.J--------pamison --~s-434-7427 :41~~~ .AIan IGreene '415-579-6500 1415-990-3926 i Michael i Love iSiO=4ss:0790 \- :OorothY fConleY :- i41s-44~_ ~SaSdia \HillaWdal<is 6{'f:>1!:Mi1_[_--!415-587'2885 tJOhn :B~oft ,415-558-2704 ,415-931.a288 ROnaill Ferris r \415-921.7603 :Le,!,~-=~- --~Bamelt :510-56So9334 \ 'Lesley ,Brown :707,225-1395 \707,963-5745 !<f.e90rY -,,-- -- Bassell415-655-5825 \510-792-5974 iFrank Franone 1415 6ee 8400 415-368-3507 :I'n'!'.o~!___. I Bolivar i415-n5-1105 415-355-7112 ,Rebecca ,Alexander 51~3839 1--- ---- ----- -------=-:: ,Ron : Henke 916-622.1554 916-622-0187 =- ' IPeKon \ Stewart 1707-647.7034 707-64-4-9004 -rtIChrista \Wendandl L-:=!415-698-7366 : Joel 'Ventresca _:415-737,7792 14'5-73"'434 [Jason IMustard ~09-537-4521 :510-516-2527 : James :_1 I I rEa" iMiller ;707.746-7992 \707.747.5883 'John ,Iversen 510-568-1680 IDione lLarrabee I [415-$1-6522 (Gregory :Hunter'-'706-963-9200 1707,963-2141 IJiG isumstad ; 1510-582-7199 I : John IBalOSOll QOO-676-7543 :000-376-6106 Is'OVO \Otson 209-523-2671 1209-578-9533 \ :Mary CronMOn 510-523-9-409 . Hid< I Lopez 415-306-2202 415-589-4414 Bradfol<l \ SolSO : 415-35-4-0484 Rusty : May i4~26-3533 r's-474-9590 I ,eflzabeth jPhiI1iPO ___ .410-376-7938 ! RoRie !Mutlon 51~76-2845 ,510-37!Hl(lo44 1 JarMS ~ ' ~ .~~~iiiil'209-551'22Y2-: Rebekah IGorGon 415-697.3344 '415-344-6180 I JefIY IYoung . 5HI.869=6221 1707-429-1407 " ., ,'+ I TORCHBEARER: nami f- Jenny Houston .Miriam -------- 'Walsh 'Keith'- -- -'--;r.ietzger .- - I Marlena 'Uhrik Scott I Jenson -Frank - .-- Porto ir .~~~"!.- -. jGreenbaum Barb~ ;lic:kness Nancy I Fox James' I Richards , ~~n~_____~ I Shaughnessy Ydor i Bacelis Lynda lJohnson aa;y" - lEvant Francisca . deCastro Guevarra Tll110thy : Richman "Frankhn - - --. Oili , 41 ~57 -6936 , ---- . t 415-664-1580 .., 415-243-278:f'51ii="376=57Si ;- 51~87-4765 !'707-253-~ ."?~:.~~~ _ ,51G-637.1704 510-531.3474 415-924-590'- - ~ "'510.736-8433 209-576-3194 ,209-521-1251 ---f;j15-861:a232 ,415-583-2065-- ==1-----.,5=573-6257- --,:51G-659-0200 '510-226-8233 n-T415-1358-0202415-34s-'7970 - -1209-956-8760 ,209-982-0793 -"415-342-0801 : 415-955-13189 415-522-0458 11415-995-6868 ,510-568-6600 .510-886-6345--; '41~57-5821 '1 , HERO TORCHBEARERS . Gregory . JOY -- --- lGiRis , Phoenix Judging Panel Members Community Hero Torchbearers Of the Bay Area Alameda County: Grant Peterson, Chair Alameda County Human Relations Commission (510) 886-4263 Contra Costa County: Jim Hines Olympian (510) 444-7726 Marin County Paul Anderson Marin Scope Newspaper (415) 332-3778 Valerie Castellana TCI Cable (510) 988,8611 Glen Robinson Marin Athletics Assn. (415) 388-0212 Napa/Solano Counties: Shari Lawson Member of the Board United Way Napa/Solano San Francisco County: Katherine Riordan UCSF S.F. 476-0729 Anni Chung Executive Director Self Help for theElderly (415)998-8181 I~ TOWN COUNCIL ST AFF REPORT TO: FROM: TOWN COUNCIL SCOTT ANDERSON, ~~ PLANNING DIRECTOT' MEETING DATE: 3/20/96 ITEM NO.: '-I SUBJECT: REVISIONS TO TREE ORDINANCE--CHAPTER 15A OF TIBURON TOWN CODE (ORDINANCE, SECOND READING & ADOPTION) BACKGROUND At its meeting of March 6, 1996, the Town Council held first reading of the attached Ordinance amending Chapter 15A of the Town Code. The matter now comes to the Council for second reading and adoption. RECOMMENDATION 1. Hold a public hearing. 2. Move to read by title only, 3. Hold a roll call vote adopting the ordinance. EXHIBITS 1. Draft Ordinance. \scott\treetc2,rpt TIBURON TOWN COUNCIL STAFF REPORT =, 1 " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ( ( ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 15A OF THE TIBURON MUNICIPAL CODE (TREES) Section 1. Findinas. WHEREAS, the Planning Commission held public hearings on October 25 and November 8, 1995, and held further discussions on January 24 and February 28, 1996, and has received public testimony on this matter and has recommended amendments to Chapter 15A; and WHEREAS, the Town Council has held public hearings on December II, 1995, January 3, 1996, March 6, 1996, and March 20, 1996, and has received public testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Planning Commission and Town Council have found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is categorically exempt from the requirements of CEQA per Section 15308 of the CEQA Guidelines. Section 2. Chapter 15A of the Tiburon Municipal Code Amended. Chapter 15A of the Tiburon Municipal Code is hereby amended as follows (amended text is in italics and underlined): (A) Policy No, 1 of Section 15A-l is amended to read as follows: Policy #1: The Town recognizes the scenic importance, shade-creating. and privacy-creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon, The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. Town ofTiburon Ordinance No. N.S. Adopted _1_1_ "~".',. , ," r ..,:.~~:'~t.. EXHIBIT No.L ~ ..~.. :~...,- ".--~lj'~J.~ - ,~...., . -""",' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (C) (D) ( ( (B) Policy #2 of Section 15A-1 is revised to read as follows: Policy #2: The Town recognizes the special significance of "protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. Any tree (including an 'l1ndesirable tree n) whic? has attained the .size of ~runk ,to 1~a~~~~.~~ a ~er~tage treen, as defIned here~n, wIll I d the oermit protection afforded by this chapt;;: The definition of "alteration" in Section 15A-2 is amended to read as follows: "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: 1. Cutting of its trunk or branches; 2. Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or 3. Performing other damaging acts. This definition does not include routine pruning and shaping, removal of dead wood, or other ma'intenance of a tree (including a protected tree) to improve its health, facilitate its growth or maintain its configuration to protect an existing view. The definition of "undesirable tree" in Section 15A-2 is amended to read as follows: "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. An "undesirable tree" constitutes a 'protected tree" if it meets the criteria set forth in that definition. Inform~tion o~ tree heights ~n~ growth rates s~a~~ ~: determ~ned us~ng a recent ed~t~on of the Sunse s rn Garden Book. If the required information is not available in the Western Garden Book. then other sources may be substituted in the reasonable discretion of the Town. Town ofTiburon Ordinance No. N.S. Adopted _1_1_ v~+9>:t~ ;-" '<""->" ~..",,"'';''~, 'i.#:~,". 'j~:~,'i>t"'"'" '", " :','..-." ,i""~Al:_''CWn:~.,..., " , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ( ( (E) The final paragraph of Section 15A-5 is amended to read as follows: The Planning Director may require additional information to secure the purposes of this Chapter, including a report by a certified arborist satisfactory to the Town, and/or a tree inventory of the subiect prooerty. when reasonably necessary to make a final determination. The cost of any such report or additional information shall be responsibility of the applicant. (F) The first paragraph of Section 15A-6 is amended to read as follows: Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available County Assessment rolls, within 300 feet of the subject property, and to residents and other parties. includin~ homeowners associations. which in the discretion of the Director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten (10) days prior to a decision by the Director. (G) The first paragraph of Section 15A-7 is amended to read as follows: The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies, and regulations set forth in this Chapter. The Plannin~ Director shall have the discretion to refe~ any appli~ation to the Desi~n Review BO:fffor hear~na and act~on. and the Board shall have authority and discretion of the Plannin~ Dire~~~f; :~ set forth in this Chapter. in actin~ on apoli~ . n Section 3. Separability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Town of Tiburon Ordinance No. N.S. Adopted _J...J_ ~':~;i . ~'ii'-~ .t:';~~.:"'"':;'" "~"""'<U ",'~..,.' '~,', .'...";.,'..,~,..:",.,.:".. ' ; ,~,:~;p~~,;, . - - - - .' .... - - ..' ~'" - .. - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 ( ( Section 4. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: NICKY WOLF, MAYOR TOWN OF TIBURON DIANE L. CRANE, TOWN CLERK \scott\treerev.ord Town ofTiburon Ordinance No NS, Adopted _'_1_ ;~,'~;.-~j~... .,., '-, -,-..'-"(/:';: 'r/gtit'""~~~1i;i!~~i.it.~<il .".,~.,..,"-~ .::To I NT IUle; , TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT TO: TOWN COUNCIL PLANNING COMMISSION MEETING DATE: 3/20/96 REPORT DATE: 3/13/96 FROM: PAUL A. JENSEN, CONTRACT PLANNER ITEM NO.: SCOTT ANDERSON, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A GENERAL PLAN AMENDMENT, REZONING, AMENDMENT TO ZELINSKY MASTER AND PRECISE PLANS AND DRAFT ORDINANCE ESTABLISHING PLANNING AND APPROVAL PROCEDURES FOR THE TIBURON TOWN HALL. ADOPTION OF A MITIGA TED NEGATIVE DE CLARA TION FOR THE PROJECT (1515 TIBURON BOULEVARD) RECOMI\1ENDA nON A. Following a public hearing on both the draft Mitigated Negative Declaration and the merits of the project, the Planning Commission should adopt the attached resolution recommending to the Town Council certification of the Mitigated Negative Declaration for the project and recommending approval of the general plan amendment and rezoning applications (Attachment #2) B. Following action by the Planning Commission, the Town Council should: 1. Adopt the attached resolution certitying the Mitigated Negative Declaration and approving the Mitigation Monitoring and Reporting Program (Attachment #3). 2. Adopt the attached resolution approving an amendment to the Tiburon General Plan redesignating the subject 0,5 acres from Neighborhood Commercial to Public/Quasi-Public (Attachment #4) 3. Hold first reading of the draft ordinances which a) rezone the subject 0.5 acres from NC (Neighborhood Commercial) to P (Public/Quasi-Public) District, b) establishing planning procedures for the new Tiburon Town Hall project, and c) amending the Zelinsky Master Plan allowing the development ofa new Town Hall on the subject site (Attachment #s 5, 6, and 7) TlBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 1 BACKGROUND Address: APNo.: General Plan: Existing: Proposed: Zoning: Existing: NC (Neighborhood Commercial) District Proposed: P (Public/Quasi-Public) Property Size: 0.5 acre portion ofa 1.16 acre parcel Subdivision: None Proposed Current Use: Pay parking lot for public use Owner: Edward Zelinsky and Barbara Abrams Applicant: Town ofTiburon Date Complete: Not Applicable Permit Streamlining Act Deadline: Not Applicable 1515 Tiburon Boulevard (east of Mar West Street) western 0.5 acre portion of APN 58-171-82 Neighborhood Commercial (Maximum FAR = 0.17) Public/Quasi-Public (Maximum FAR = 1.0) Property Description and History: The subject property consists of approximately 0,5 acres of unimproved, level land located on the north side of Tiburon Boulevard, east of Mar West Street (See Attachment #1 for location map). For many years, the site has been used as a pay parking lot for public use. The subject property is located within the NC (Neighborhood Commercial) District and is designated as Neighborhood Commercial in the Tiburon General Plan. Surrounding uses include an unpaved pay parking lot to the east, residential development to the south (City of Belvedere) and vacant land to the west (proposed site for the new Belvedere- Tiburon Library). A pedestrian path and flood plain are located to the north, with a fresh-water marsh (Railroad Marsh) located further north. At present, the property is owned in-fee by Edward Zelinsky and Barbara Abrams, but is proposed to be "gift-deeded" to the Town ofTiburon. The proposed gift deed is subject to a number of conditions, including a restriction which prohibits the sale, lease or development of the site for any use other than the new Town Hall. Secondly, the conditions of the gift deed guarantee that the 0,66 acre portion of AP #58-171-82, located directly east of the site, continue as a pay parking lot for public use Furthermore, the conditions allow the Town ofTiburon to 'master plan' the Town Hall facility and the adjacent pay parking lot to take advantage of shared/reciprocal use of parking, access and circulation. A letter summarizing the conditions of the gift deed has been submitted by Main Street Properties, property owners, This letter is provided in Appendix 'L' of the Initial Study, It should be noted that the gift deed of 100 feet of frontage referenced in the deed conditions has been increased to 112 feet by Me Zelinsky and TlBURON TOWN COUNCIUPLANNING COMMISSION STAFF REPORT 3/20/96 2 Mrs. Abrams, PROPOSAL Project Description: The project presents the development of a new Town Hall/Council Chambers structure, with associated landscaping and parking improvements. For site planning purposes, an expanded site plan has been prepared which takes into consideration the site development needs of the Town Hall, the shared Library/Town hall parking lot, and the adjacent pay parking lot (see Attachment #9). A description of the site plan components is presented below. · New Town Hall Facility The new Town Hall structure is proposed to be approximately 9,000 square feet and would occupy the western 0.5 acre portion of AP #58-171-82. The facility would provide administrative office and office-related functions (no Police or Public Works Department functions). In addition, a new Council Chambers is proposed as part of the floor plan. Ancillary parking for 25 vehicles is proposed at the rear of the Town Hall building, with 3 additional on-site parking spaces proposed adjacent to the front entrance, Eight additional on- street parking spaces (parallel design) are proposed within the Tiburon Boulevard right-of-way. Fifteen additional off-site (remote) parking spaces are proposed for use by Town Hall employees at the Beach Road Tennis Court Parking Lot, located approximately 700 feet northeast of the Town Hall site. On-site parking access from Tiburon Boulevard is to be provided via a two-way driveway located on the contiguous Belvedere- Tiburon Library site. This shared driveway access is intended to minimize curb-cuts along Tiburon Boulevard and centralize a point of access for both public facilities. Minor modifications to the proposed library parking lot are being considered as part of this project to accommodate the shared driveway access, shared circulation, and access to the proposed parking spaces behind the Town Hall building, In addition to building and parking area, the proposed site plan presents perimeter landscaping, a raised "porch" building entrance and a rear patio, Overall landscaping and special pavement coverage to site area is estimated at approximately 46%. Building to land area coverage is proposed to be 25%, with a proposed floor area ratio (FAR) ofOA3, Proposed parking and vehicle circulation would cover 29% of the site The Town Hall building is designed to be a one-two story structure with varying building heights and design features The one story portion of the building is proposed to be 26 feet in height to the ridge. The two story portion of the building would be 35 feet in height to the roof ridge. A 50 foot high tower element is incorporated into the design of the building. The eave located on the north side of the building, which faces the public pedestrian path and flood plain is under 12 TlBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 3 feet in height from grade The building design draws upon the railroad heritage ofTiburon. It is also intended to be compatible with the design of the contiguous library facility. Exterior building materials include the use of stained wood board and batten siding, enameled aluminum windows with wood trim and a composition shingle roof (previously proposed as synthetic slate). See Attachment #9 for detailed drawings. · "Shared" Parkin'/{ and Circulation As discussed above, on-site and remote (off-site) parking is proposed for the Town Hall facility, The 0.66 acres located immediately east of the site would remain in private ownership and would continue to operate as a minimum 78-space pay parking lot for public use. Consistent with Policy C-24 (Circulation Element) of the Tiburon General Plan, the project proposes the concept of "shared" parking and circulation between the Town Hall site, pay parking lot and the contiguous Belvedere- Tiburon Library. Given that each of these contiguous uses have differing peak periods of operation, the proposal presents an opportunity to maximize use of available parking and minimize unnecessary pavement surfaces. The following table presents a summary of the parking that is proposed for each use. This table is followed by a description of how and when parking and circulation would be shared between the sites. .- ,~ TtBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 4 .~ Location ofProlloscd Paddnu Sll:!CCS Total Numhcr of Par kine: Spaces Town Hall Site- (western 0.5 acre portion of AP #58-171-82) On-site 28 On-street 8 Remote 15 Bclvedere- Tiburon Librarv Site- (AP #s 58-171-65, 77 and 83) On-site 31 On-street 3 Sub-total Number ofParkinQ: Sllaccs- On-site 59' On-street II Remote 15** Total Numher of Par kino Snaccs- 85 Pay Parkin2 Lot for Public Use- (eastern 0.66 acre portion of AP #58-171-82) 78*" , These spaces would be public parking interchangeable bet\veen the Belvedere-Tiburon Library and the proposed TO\\TI Hall. A few of these spaces would be assigned to employees ancVor TO\\iTI of Tiburon vehicles. .. "Remote" parking spaces are located at the Beach Road Tennis Court Parking Lot. These spaces would be reserved for TO\\TI Hall employees, weekdays from 8:00 AM to 5:00 PM. On \....eekends, these spaces would be used as an extension of the Beach Road pay parking lot operated by Main Street Properties, or made available for longer-term public parking. ,.. An additional 15-25 spaces would be added to the 78 spaces on the weekends and holidays from the parking lot spaces proposed behind Town Hall. In addition, the pay parking lot would serve as overflow parking for weekday, evening meetings at the Town Hall Council Chambers. Proposed Development Review Process As noted above, the subjecI property is located within the NC (Neighborhood Commercial) District and is designated for Neighborhood Commercial use in the Tiburon General Plan. The project proposes a general plan amendment and rezoning for the western 0.5 acre portion of AP #58-171-82 for the Town Hall development The project proposes no amendments to the general plan designation or the zoning of the 0,66 acre site located directly east of the subject property. The 0,66 acre site would be maintained as a pay parking lot for public use. Amendments to the Zelinsky Master Plan (Ordinance #187 N.S,) and Zelinsky Precise Plan (Resolution #956) will be required to remove a current use restriction on the proposed Town Hall site. These Town approved documents currently prohibit development of this site without the Town's expressed permission, The amendments would permit development ofa new Town HaiL On December 6, 1995, the Town Council discussed the review process for the Town Hall project TlBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 5 (see Attachment #10 for meeting minutes). The Council found that given the unique and particular ownership, development and operation circumstances surrounding the proposed Town Hall, a streamlined permit approval process is warranted. Consistent with Council direction, a draft ordinance has been prepared which establishes the permit process and procedures; this draft is attached (Attachment #6). A summary of the draft ordinance is provided as follows: 1. The draft ordinance acknowledges that the Town Council will hold public meetings Gointiy with the Planning Commission if necessary) to review the project applications. Furthermore, the Town Council is to review the final working drawings and specifications prior to bidding for construction; 2. The draft ordinance exempts the proposed Town Hall project from all provisions of the Town ofTiburon Zoning Ordinance (Municipal Code Chapter 16); 3, The draft ordinance acknowledges that the Town Hall facility would be subject to a building permit; and 4. The draft ordinance acknowledges that the Town Hall is considered a 'project' under the provisions of the California Environmental Quality Act and is subject to the Town's environmental review process, The environmental assessment for the Town Hall is to include the draft permit processing ordinance, general plan amendment, rezoning and amendments to the Zelinsky Master Plan and Precise Plan, ANALYSIS General Plan Consistency The project has been reviewed for consistency with the Town ofTiburon General Plan. A summary of pertinent General Plan policies and programs is presented in Appendix G of the Initial Study/Draft Mitigated Negative Declaration A copy of Appendix G is provided as an attachment to this report (Attachment #11). Please note that minor amendments were made to Appendix G based on recent changes in the conditions of the property gift deed (property frontage increased from 100 to 112 feet, thus increasing property size from 0.44 to 0.5 acres). The Town Hall project would be consistent with the numerous land use, circulation, environmental quality and downtown policies and programs that are pertinent to this site. Specifically, the Town Hall land use and development would be consistent with Policy LU-1 in that, it would provide a new public use facility that would be conveniently located to residents of the community. Furthermore, the project would be consistent with Policy LU-27 in that, it would provide a new and expanded public facility, The proposed general plan amendment to the Land Use Element would redesignate the subject 0.5 acre site from Neighborhood Commercial to Public/Quasi-Public, This amendment is logical TIBURON TOWN COUNCIUPLANNING COMMISSION STAFF REPORT 3/20/96 6 and appropriate given the proposed public ownership of the site. Additionally, the amendment would be consistent and compatible with the Public/Quasi-Public designation adopted for the contiguous Belvedere- Tiburon Library site, Draft findings of general plan consistency are outlined in the attached resolution, which recommends approval of the general plan amendment (Attachment #4). Zoning Compliance As noted above, the subject property is presently located within the NC (Neighborhood Commercial) zoning district While the project would be consistent with this zoning as the Town Hall would be classified as an 'office use', a rezoning of the subject property is appropriate and advisable given a) the proposed public ownership of the site, b) the restricted use of the site as part of the land dedication (limited to Town Hall development and use only) and c) compatibility with the P District zoning of the contiguous Belvedere- Tiburon Library site, Common zoning with the contiguous library site facilitates a combined planning effort between the two public projects, thus creating a civic center of public facilities, Draft findings supporting the adoption of the rezoning are outlined in the attached draft ordinance (Attachment #5): Given that the currently adopted Zelinsky Master Plan and Precise Plan prohibit development on the subject property, an amendment to these plans is necessary for the proposed Town Hall use. The attached draft ordinance (Attachment #7) and draft resolution (Attachment #8) notes that there is good cause to adopt the amendments in that they would permit the development of a new Town Hall, which would be of great benefit to the entire community, As discussed above, typically, development of the Town Hall would be subject to the provisions of either the current NC or the proposed P District The provisions of the P District would require that the Town Hall land use be subject to a conditional use permit and formal site plan and architectural review approval. The special planning procedures that are proposed in the attached draft ordinance (Attachment #6) would exempt the project from these permit processes, Adoption of these procedures would streamline the development review process for the Town Hall, without compromising a detailed review and assessment of environmental issues, Planning Commission Actions Requi,'ed for Approval Following ajoint public hearing with the Town Council, the Planning Commission will be asked to make its recommendations to the Town Council on the environmental determination for the project, and on the applications for General Plan amendment and rezoning for the subject property, A single draft resolution has been prepared as Attachment #2 which incorporates all of the above recommendations, TlBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 7 Town Council Actions Required for Approval Following receipt of the Planning Commission's recommendations, the Town Council will need to consider the recommendations of the Planning Commission and take appropriate actions on Attachment #s 3, 4, 5, 6, and 7, Subsequent Actions Required for Approval At a future meeting, the Town Council would need to hold Second Reading and adoption of the Ordinances contained in this report, and adopt the resolution amending the Zelinsky Precise Plan (Attachment #8). These actions could not take place earlier than five (5) days subsequent to the First Reading of the Ordinances. Final working drawings would be reviewed by the Town Council at a subsequent meeting, and a building permit would need to be issued by the Town's Building Official. Environmental Review An Initial Study has been prepared following the Tiburon Environmental Review Guidelines and the provisions of the California Environmental Quality Act (CEQA). Councilmembers and Planning Commissioners previously received the Initial StudylDraft Mitigated Negative Declaration when first circulated for public review. The Initial Study has been prepared to the address the following: 1. The potential impacts of the proposed Town Hall project; 2. The combined site planning impacts of the Town Hall, the development of the contiguous Belvedere-Tiburon Library and the maintenance ofa pay parking lot on the 0.66 acres east of the subject property; and 3. Assessment of cumulative impacts, The Initial Study concludes that although the proposed Town Hall project has the potential to result in significant environmental impacts, these impacts have been mitigated to a level of insignificance through changes to the project description and incorporation of mitigation measures. A summary ofkey issues addressed in the Initial Study is provided as follows: Earth (Geology/SoilsfRisk of Upset) The subject property is former marshland which was filled in the 1960's. The landfill was placed over the bay mud establishing a level surface with an elevation range of +96,0 NGVD to +99,0 NGVD. Although development on bay mud soils has the potential to be subject to differential settlement and liquefaction, Miller-Pacific Engineering Group, geotechnical consultants, have TlBURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 8 concluded that development on this site would result in either no impacts or impacts that would be insignificant. Mitigation measures are recommended based on the site grading and building foundation design (see pages 9-13 ofInitial Study). Miller-Pacific Engineering Group also reviewed the site for potential hazardous material contamination. It has been concluded that the possibilities of hazardous material contamination on the site is low (see pages 25-27 ofInitial Study). Water (Hydrology/Water Ouality The Town Engineer has reviewed the site and the project for potential flooding and water quality impacts. Although the site was once located within Flood Zone B of the FEMA flood hazard zone, improvements to the contiguous Railroad Marsh property removed the subject property from the flood zone status, The Town Engineer concludes that although construction of the Town Hall project would have no measurable impact on the existing drainage system or the capacity of the Railroad marsh, it is recommended that the pedestrian path, located immediately north of the subject property, be raised from the current elevation of+98.0 NGVD to 99.0 NGVD. This issue was addressed as a potential cumulative impact during the environmental review process for the contiguous library project. Consequently, the improvement to raise the path was required for development of the library on the adjacent site (pages 13-17 of the Initial Study). To ensure the protection of water quality, the Town Engineer recommends the installation ofa grease trap and implementation of erosion and sediment control measures during construction. Biotic Resources (Plant and Animal Life) An assessment of biological conditions and potential impacts was prepared by RMI (Wesco). the assessment concludes that the site does not contain habitat for rare or endangered species. Furthermore, the assessment concludes that the proposed project would not impact wildlife use of the Railroad Marsh located north of the site, It is recommended that the existing wetland vegetation within the existing drainage swale located north of the northern property boundary, be protected and preserved. Furthermore, it is recommended that native landscaping be planted along the northern property boundary to serve as a buffer (pages 18 and 19 of the Initial Study). T ran spo rtati onlCi rcu I a t ion Several assessments of traffic, circulation and parking were recently completed for the proposed Town Hall and the adjacent library project by Crane Transportation Group, traffic consultants, The assessment concludes that the Town Hall would add 25 new AM peak hour trips and 26 new PM peak hour trips to the Tiburon Boulevard corridor Thee additional trips would not change the current LOS 'C' condition at the Tiburon Blvd./Mar West Street intersection under short-term or long-term (build-out) conditions, The extension of the left turn lane proposed within the Tiburon Boulevard median was analyzed for adequate queuing and safety. Crane Transportation Group has concluded that the design is appropriate to accommodate shared use by both the Town Hall and library (see pages 27 and 28 of the Initial Study). TleURON TOWN COUNCIL/PLANNING COMMISSION STAFF REPORT 3/20/96 9 'Shared' parking for the Town Hall project was reviewed for adequacy and for peak use to determine potential impacts to Downtown Tiburon parking. The assessment concludes that the amount of proposed parking is adequate but recommends several measures to ensure continued parking availability during peak periods. These measures are outlined in the Initial Study (pages 31-32) and listed in the Mitigation Monitoring and Reporting Program (Exhibit 'A' of Attachment #3). Parks and Recreation Facilities Construction ofa new Town Hall project would reduce the parking in the pay parking lot from approximately 120 spaces to approximately 78-80 parking spaces, for a net loss of approximately 40 spaces. This loss of parking available for public use could potentially have an impact on the use and availability of parking for Angel Island State Park visitors. However, implementation of recommended mitigation measures would reduce impacts to available parking for state park use to less than significant levels. Furthermore, subsequent to the release of the Initial Study, it became publicly known that the Zelinsky family and the State Department of Parks and Recreation have reached an agreement which supplements the amount of all-day public parking in Downtown Tiburon by 40 spaces. The two parties agreed that 40 spaces in an unpaved parking lot at 1555 Tiburon Boulevard (adjacent to the former Safeway building) will be made available to the public in the same manner as the spaces in the Tiburon Boulevard parking lot, adjacent to the proposed new Town Hall. This additional parking, not previously available to the public, totally off, sets the loss of public parking spaces caused by the construction of a new Town HalL The 40 new public parking spaces are also closer to the Tiburon-Angel Island Ferry than the parking spaces which would be displaced by the Town Hall project. Potential Cumulative Impacts The initial study was prepared to include an assessment of cumulative impacts. Potential cumulative impacts assess the combined development of the Town Hall, the contiguous library project and the continued operation of the public pay parking lot. Issues addressed include settlement from combined grading and construction on the two contiguous sites, flooding, water quality, biological impacts (plant and animal), noise, light and glare, risk of upset and aesthetics (pages 39-41), Construction Impacts The Initial Study addresses temporary impacts associated with the construction activities. Specifically, measures are recommended to mitigate air and dust impacts (measure 2,1), control erosion and sediment (measures 3,2 and 4,3), construction impacts to wildlife (measure 5.2) and control of construction noise (measures 6,1 and 6.2), One additional measure is recommended to address construction impacts to the library project and the continued operation of the pay parking lot. It is recommended that the contractor prepare a logistics plan to address construction staging, material storage and vehicle access to the site. The following additional mitigation measure 13.4 is recommended to address this potential impact: TleURON TOWN COUNCIUPLANNING COMMISSION STAFF REPORT 3/20/96 10 13.4 The project sponsor shall submit a construction staging plan that identifies the location of on-site building material storage, location of a construction trailer (if proposed) and the location of construction vehicle access and parking. Construction staging and site access shall be planned to coordinate, as best possible, with construction of the contiguous library project and to minimize impacts to continued use and operation of the adjacent pay parking lot. This additional measure has been incorporated into the Mitigation Monitoring and Reporting Program (see Exhibit 'A' of Attachment #3). Public Review ofInitial Study and Amendment A 30-day public review period has been observed for the Initial Study/Draft Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program. The review period ran from February 14 to March 15, 1996. Letters/memorandums submitted to the Town as of the date of this staff report are as follows: 1. Hal Edelstein, Building Advisory Committee; February 19, 1996 2. Nathaniel Marans; March 2, 1996 3. Francis Mayberry; March 7, 1996 A Mitigation Monitoring and Reporting Program (MMRP) is required if the Town is to certifY a Mitigated Negative Declaration, as recommended, An MMRP was prepared to summarize the recommended implementation procedures for the required mitigation measures. The MMRP is provided as Exhibit 'A' to Attachment #3 (draft resolution recommending certification of a Mitigated Negative Declaration) of this staff report. TlBURON TOWN COUNCIUPLANNING COMMISSION STAFF REPORT 3/20/96 11 :l EXHIBITS Attachment # 1: Attachment #2: Attachment #3 : Attachment #4: Attachment #5: Attachment #6: Attachment #7: Attachment #8: Attachment #9: Attachment #10: Attachment # II: Attachment #12: Site Location Map Draft Resolution of the Planning Commission recommending certification of a Mitigated Negative Declaration for the project and approval of the general plan amendment and rezoning applications Draft Resolution certifying Mitigated Negative Declaration + Exhibit 'A', Mitigation Monitoring and Reporting Program Draft Resolution adopting General Plan Amendment Draft Ordinance adopting property rezoning Draft Ordinance adopting planning procedures for new Town Hall Draft Ordinance adopting amendments to the Zelinsky Master Plan Draft Resolution adopting amendments to the Zelinsky Precise Plan Expanded site plan, floor plan, elevation, and section drawings of proposed Town Hall Minutes, Town Council meeting, Appendix G oflnitial Study, Summary of General Plan policies and programs pertinent to Town Hall project; January 1996, amended March 1996. Correspondence received to date on Initial Study/Mitigated Negative Declaration \pj\tctwnhll.rpt TleURON TOWN COUNCIUPLANNING COMMISSION STAFF REPORT 3/20/96 12 ATTACHMENT #1 NEST .57 .~ R-'J7,5' 4~6001-iJ4. Lo/031o' / ... 'IL:/02.%) .... , \ rf "~ ~ u.CS' ~ ~ . ,.., '()l '" 0:"'01 ~~ I) . .~ \11, , -II. ~\"I' '\)l ~.-- " ~i ~~ \)-'" <;) ~:j ::::(}:i -.1\1S ~ """<:. ~t), OI~ ~~ -.$I- ~ ~<.' O\~ ~~ :fl)> ~~ \;:.. ~~ \'-"'1 ~ It --l .... .....~ -.$I ~~ ($'i ... ~~ ~~ , i3i ~ & ~ "'3 "r' /1._1 --' b 2<::> 08 yv "--r", /7/./5' ,/..j ....,-"'\ . \...) ...r......~ .j..... :2:. ~ o ~ ~ . . B ~ . Z ~ U1 ~ ~ LANa? OF Tlevl2C:N.~:! C'~) ON 90 Cb76'J ::? ,,', ~~:;-) N.36' 25' C\BPe /133.42 ' r.....'-..\ \ ~ \ ,--. Z ~ (5' ~ ~. ~ ~- t~ "1:. Cl' ~ . .....-.- ; , ~..... \Sv..bJ ed- ~,~ p\(] ~e\+/ Z ( ~ew Tow" 4,,-\~ '5,'\-<:) ~ ~ ~ ~ "" 1~:":':~ ~ ~ >- -ll 2, \:j; ~ ~ 'V Gi ~ l;; ~ ~ , 5.3bO/b' 46";';.226.54' r N.36O:X>'F-, 2~5.18;}5PU90),..,. "Md;.~ ''!!'if./t'; , "'.\. ....,.,.. .. '. '. ATTACHMENT #2 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING THAT THE TOWN COUNCIL APPROVE A GENERAL PLAN AMENDMENT AND REZONING FOR THE NEW TIBURON TOWN HALL PROJECT AND CERTIFY A MITIGATED NEGATIVE DECLARATION FOR THE PROJECT WHEREAS, the Town of Tiburon has proposed construction of a new 9,000 square foot public Town Hall facility, proposed on approximately 0.5 acres ofJand located at 1515 Tiburon Boulevard (western portion of AP#58- I 71-82); and WHEREAS, In January 1996, applications for a general plan amendment, rezoning, and amendments to the Zelinsky Master Plan and Precise Plan were initiated based on the project description and site plan for the proposed Town Hall project. The general plan amendment proposes a change in the property land use designation from 'Neighborhood Commercial' to 'Public/Quasi-Public', Likewise, the rezoning proposes a change in the property zoning from NC (Neighborhood Commercial) to P (Public/Quasi-Public) District. WHEREAS, in February 1996, the Tiburon Planning Department Staff prepared an Initial Study for the project, along with a draft Mitigation Monitoring and Reporting Program (MMRP), which determined that there was no potentially significant environmental effects related to the project which could not be mitigated through modification of the project and through mitigation measures adopted as conditions of approval for the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Mitigated Negative Declaration was required for the project pursuant to CEQA; and WHEREAS, in February 1996, a Draft Mitigated Negative Declaration was completed and Notices of such were posted, mailed, and advertised in the Ark newspaper to announce two 30-day public review periods for review and comment on the Initial Study/Draft Negative Declaration, all amendments thereto, and the MMRP; and WHEREAS, a notice of the public hearing on the Draft Mitigated Negative Declaration and the project applications was also posted, mailed, and published in the Ark newspaper; and WHEREAS, following closure of the 30-day public review period on March 15, 1996, the Planning Commission conducted a joint public hearing with the Town Council on March 20, 1996 to receive public testimony on the Draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission, at a joint meeting held with the Town Council on March 20, 1996, has reviewed and considered the information contained in the Initial Study ~ , and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto, In addition, the Planning Commission has reviewed the project plans and drawings and the general plan amendment and rezoning proposals, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby make the following findings: 1. The Mitigated Negative Declaration for the Town Hall project, which consists of the Initial Study document dated February 1996, the Negative Declaration form and the Mitigation Monitoring and Reporting Program (MMRP), adequately assesses the potential environmental impacts of the Town Hall project and the proposed general plan amendment and rezoning, 2, The proposed project design and layout is appropriate for the subject property, is in- scale with the surrounding improvements and would draw upon the railroad heritage of the Town, The project design takes advantage of shared access and shared parking opportunities with the contiguous Belvedere-Tiburon Library and the pay parking lot. 3, The proposed general plan amendment and rezoning would be consistent with the Tiburon General Plan and consistent with the objectives of the Zoning Ordinance in that they would establish an appropriate land use designation and zoning for a site that is to be developed with a public use and proposed to be owned in-fee by the Town of Tiburon, Furthermore, the proposed general plan amendment and rezoning are logical and appropriate in that they would be compatible with the zoning and the general plan designation for the contiguous Belvedere- Tiburon Library site, thus facilitating a civic center of public facilities, NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission hereby recommends that the Town Council certify the Mitigated Negative Declaration and approve the proposed general plan amendment and rezoning for the subject property as described herein. PASSED AND ADOPTED at a joint meeting of the Town Council and Planning Commission of the Town of Tiburon on , 1996, by the following vote: AYES: NOES: COMMISSIONERS: COMMISSIONERS: MARYLYN SIEWERT, CHAIRMAN TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY \townhall\pcappr .res ATTACHMENT #3 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON CERTIFYING A MITIGATED NEGATIVE DECLARATION FOR THE NEW TmURON TOWN HALL WHEREAS, the Town of Tiburon has proposed construction of a new 9,000 square foot public Town Hall facility, proposed on approximately 0,5 acres of land located at 1515 Tiburon Boulevard (western portion of AP#58-171-82); and WHEREAS, in February 1996, the Tiburon Planning Department Staff prepared an Initial Study for the project, along with a draft Mitigation Monitoring and Reporting Program (MMRP), which determined that there was no potentially significant environmental effects related to the project which could not be mitigated through modification of the project and through mitigation measures adopted as conditions of approval for the project; and WHEREAS, the Town of Tiburon, as applicant, has agreed in writing to incorporate the specified mitigation measures into the design and approval of the project; and WHEREAS, the Tiburon Planning Department determined that based upon the Initial Study, a Mitigated Negative Declaration was required for the project pursuant to CEQA; and WHEREAS, in February 1996, a Draft Mitigated Negative Declaration was completed and Notices of such were posted, mailed, and advertised in the Ark newspaper to announce two 3D-day public review periods for review and comment on the Initial Study/Draft Negative Declaration, all amendments thereto, and the MMRP; and WHEREAS, a notice of the public hearing on the Draft Mitigated Negative Declaration and project was also posted, mailed, and published in the Ark newspaper; and WHEREAS, following closure of the 3D-day public review period on March 14, 1996, the Town Council conducted a joint public hearing with the Planning Commission on March 20, 1996 to receive public testimony on the Draft Mitigated Negative Declaration; and WHEREAS, the Planning Commission, at a joint meeting held with the Town Council on March 20, 1996, reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto, The Planning Commission concluded that the Initial Study is adequate to comply with the provisions of the California Environmental Quality Act and recommends that the Town Council certify a Mitigated Negative Declaration, WHEREAS, the Town Council, at a joint meeting held with the Planning Commission on March 20, 1996, has reviewed and considered the information contained in the Initial Study and the Draft Mitigated Negative Declaration, and any and all comments and responses thereto, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings: l. Notice of the public review period and hearing on the Mitigated Negative Declaration was given as required by law and said hearing was conducted pursuant to Sections 15073 and 15074 of the State CEQA Guidelines and pursuant to provisions of the Town's Local CEQA Guidelines, 2, All individuals and groups desiring to comment on the Mitigated Negative Declaration were given the opportunity to address the Town Council. 3, The Mitigated Negative Declaration for the project consists of the Initial Study document dated February 1996, the Negative Declaration form and Mitigation Monitoring and Reporting Program (MMRP), and any supporting information which may be referenced therein, 4, The Mitigated Negative Declaration was completed in compliance with the intent and requirements of CEQA, the State CEQA Guidelines, and the Town's Local CEQA Guidelines. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby certifies and adopts the Mitigated Negative Declaration and approves the MMRP for the new Tiburon Town Hall project as complete and adequate for the purposes of approving the project, subject to the implementation of mitigation measures as outlined in attached Exhibit " A", Mitigation Monitoring and Reporting Program. BE IT FURTHER RESOLVED that the Planning Director is directed to file the Mitigated Negative Declaration with the Marin County Clerk within five (5) working days of the project approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON ATIEST: DIANE L. CRANE, TOWN CLERK Exhibit 'A' IPJINDRESOTH, Till .~~ ,.. ~'M "0 ." .~ " , , ~M~ '< ~... o ~ < 0 ~ ~g... -'-1/1 ., , ~o ~,. ~!i- ~O ",~ go ~-Il '0 R~ rn~ :~ :i:;- ~. ~o , 3~ o. 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"'~~e: 1.:)~:""':::I :0:; \- ATTACHMENT #4 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN FOR THE NEW TIBURON TOWN HALL SITE WHEREAS, the Town of Tiburon is proposing the construction of a new 9,000 square foot public Town Hall facility, proposed for approximately 0.5 acres of land located at 1515 Tiburon Boulevard (western portion of AP#58-l7l-82). The Tiburon General Plan Land Use Element Diagram LU-3 (Land Use) currently designates this property for 'Neighborhood Commercial' use; and WHEREAS, in January 1996, the Town initiated an application to amend the Tiburon General Plan land use designation for the subject property, changing the designation from 'Neighborhood Commercial' to 'Public/Quasi-Public'; and WHEREAS, in February 1996, consistent with the provisions of the California Environmental Quality Act, the Tiburon Planning Department Staff prepared an Initial Study/Mitigated Negative Declaration for the general plan amendment and the Town Hall development project, along with a draft Mitigation Monitoring and Reporting Program (MMRP), which determined that there was no potentially significant environmental effects related to the general plan amendment or the project which could not be mitigated through modification of the project or through mitigation measures adopted as conditions of approval for the project; and WHEREAS, a notice of the public hearing on the general plan amendment was posted, mailed, and published in the Ark newspaper; and WHEREAS, the Town Council conducted a joint public hearing with the Planning Commission on March 20, 1996 to receive public testimony on the proposed general plan amendment; and WHEREAS, following the Planning Commission review and recommendations, the Town Council reviewed the proposed general plan amendment; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby make the following findings: 1. The Mitigated Negative Declaration for the Town Hall project, which consists of the Initial Study document dated February 1996, the Negative Declaration form and Mitigation Monitoring and Reporting Program (MMRP), adequately assesses the potential environmental impacts of the general plan amendment. 2. The proposed general plan amendment would be consistent with the Tiburon General Plan in that it would establish an appropriate land use designation for a site that is to be developed with a public use facility. The amendment would acknowledge and reinforce Tiburon General Plan Policy LU-27 by realizing the development of new and expanded public facilities, Furthermore, the amendment would be consistent with Policy LU-l as it would encourage the development of a new Town Hall facility that would be conveniently located to the residents of the community. 3. The proposed general plan amendment is logical and appropriate in the a) the subject property is proposed for dedication, in-fee, to the Town of Tiburon, b) would be consistent and compatible with the Public/Quasi-Public general plan land use designation adopted for the adjacent Belvedere-Tiburon Library site and c) would facilitate a combined planning effort of the Town Hall and library projects, thus creating a civic center of public facilities. 4. The proposed general plan amendment would not be detrimental to the continued use and future development of the lands immediately east of the 0,5 acre subject property (Lands of Zelinsky), This contiguous land would continue to be designated as 'Neighborhood Commercial' in the Tiburon General Plan, This designation is consistent with the existing pay parking lot use and the general plan designation, zoning and land use pattern of neighboring properties in Downtown Tiburon. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby adopts the general plan amendment to Diagram LU-3 (Land Use) of the Land Use Element, changing the land use designation of the subject property, as described in attached Exhibit 'iA", from 'Neighborhood Commercial' to 'Public/Quasi-Public', BE IT FURTHER RESOLVED that the Planning Director is directed to file a Notice of Determination with Marin County Clerk within five (5) working days of the project approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 1996, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON A TIEST: DIANE L. CRANE, TOWN CLERK Itownhalllgpamend,res ... <<'... ~ ..... '-.~. --' .~ .~,. / EXHIBIT "A"(p. 1 of 2) DESCRIPTION OF PARCEL "V" A portion of Parcel "A" as said parcel is shown on the map filed December 7, 1978, in Book 15 of Parcel Maps, at Page 90, Marin County Records, State of California, said portion described as follows: Beginning at the most northerly corner of said Parcel "A" said corner also being a point on the southerly right of way line of Mar West Street and a point on the southwesterly line of Lot 10, as said lot is shown on the map filed February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records; thence along the northeasterly line of said Parcel "A" and said southwesterly line of Lot 10, South 65047'32" East, 261.79 feet (recorded South 65022'40" East, 15 PM 90) to the True Point of Beginning; thence from the True Point of Beginning, along said northeasterly line of Parcel "A" and Southwesterly line of Lot 10, South 65047'32" East, 114.50 feet to a point; thence leaving said northeasterly and southwesterly lines, South 36025'08" West, 203.05 feet to a point on the northeasterly right of way line of Tiburon Boulevard; thence along said northeasterly right of way line of Tiburon Boulevard, North 55055'42" West, 112.00 feet (recorded North 55035' West, 15 PM 90) to a point; thence leaving said right of way line, North 36025'08" West, 183.42 feet to the True Point of Beginning, Containing 21,624 square feet, more or less. ?ffl ':;-.~-~::o I ~~~~_~.!r~~r';I~ 'lr"~~,,7~~~7':"''''T~ .~7-;-.T ___ ---1!'\ -- < ,.':!i~ '~'J..~;~...!; ... ~~i~,~ . -~l_ . .. \..~ ;-.- ..... ,-, --" ,". ~ ,.... .~. -. "- . -;.', -',,', 1:' - '. -, ..t:.o --- ....~ '-, "'""1"'-_""... ."-J-..... ._,.";'.. ,~,. "~__"". ,'f',.:, ,~." ,"".., '". "",!:....... ",-~.,. .~3b'2G'0/3'N' ~_ 171. (!$ , /...J EXHIBIT .uAu (p. 2 of 2) ~ ~ :\)~~ ~\5~ ~~~ ~ ~~i " i~~ ~~~ ~J l\i~~ ~~~ ~~g '11",51 ).~)! ~ ~ ~ ~ "i ~ ~ N-4~ -'--, P-97..- "-' 4-6-0;;'" . L-1tJ3.40' / 34 , 1<-'102.%) '\ .. , , "'~ :to' . .~ ~.... .~ lL .~ ,!'-:-c.. ib' .. i:,~. , ~~ 'g.'~ !;!:1 ~(;i ~~ ~ ~ ~ - JvE6T ~ ------ ~ ~ :s; <;> t\. ~\; "'I , ;;;<:> \]0 ,~~ \\ ~I -It ~ ~ ->", 'i~ .~-() UW~ 01= TlBilR<W" ('') ON 9tJ ~769 j. m ,,0 ") N.36'25'~'E 1&3,42 . ~~ }~ :\1~ ~ ...536- 25 'OS"';.; 203.05' () , ~ tIj b';; tl' 5: i1 ~ o,!,!, n ~o;p~ ~ -~;Z ~ _ ~a.~~ Z'" ;e S l; ~ ~." "" .. n o. r. ,,- ~>~5 - '0-- 0. ~ ~~.(I) tJj ";' ~ rz \ "<5 tJj 01 ~ M ~ '-1'" I' \ 'Z .-..:; t) i ~ .. \) " \JI "- $ ~ t. "? ~ Z. .v ~ _;;, ." ~ ~ " i:;; ~ .. <:>. .5.3b'/b'45"W, 226.5<1' (N.3b'a;,'c.2'25.1";15PI-I90) . 'e~.: ,.,!"~ '~:;.r; , - 1 ~i ~-~....~~ ....~";. -*.-~...-"'; '.:.:"~~.n~:~lll~~;..,(.-t,,:"'."""'-"~!~LI ATTACHMENT #5 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM NC (NEIGHBORHOOD COMMERCIAL) ZONE TO P (PUBLIC/QUASI-PUBLIC) ZONE 1515 TmURON BOULEVARD (PORTION OF ASSESSOR PARCEL # 58-171-82) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. FINDINGS The Town of Tiburon has initiated and has considered an application for the rezoning of the subject 0.5 acre site located at 1515 Tiburon Boulevard for the purpose of developing a new 9,000 square foot Tiburon Town Hall facility, A. REZONING The proposed project site is currently zoned NC (Neighborhood Commercial), consistent with zoning of most properties in the Downtown Tiburon area, While the proposed Town Hall facility would be classified as an 'office use', which would be consistent with the current and compatible with the current NC zoning, a rezoning to the P (Public/Quasi-Public) District is appropriate and advisable given the following reasons: 1. The subject property is proposed to be dedicated, in-fee, to the Town of Tiburon. As a condition of this dedication, use of the property by the Town of Tiburon is limited to a 'Town Hall'. Given the use restriction and public ownership of the land, the rezoning is logical. 2. A rezoning to P District would be consistent with the objectives of the Tiburon Zoning Ordinance in that public facilities of this nature are appropriately located in the Downtown area and not in neighborhood areas. The property zoning would be consistent and compatible with the zoning of the contiguous Belvedere- Tiburon Library site, Consistent zoning for the two sites would facilitate a combined planning effort of the Town Hall and library projects, thus creating a civic center of public facilities. B. NEIGHBORHOOD CONSISTENCY The proposed rezoning and the Town Hall development project is consistent with the existing property zoning and use/development pattern found in the surrounding neighborhood. Firstly, the rezoning would be consistent with the P District of the contiguous Belvedere- '.'(' Tiburon Library site, Secondly, the rezoning and the Town Hall project would maintain the current NC zoning for the lands immediately east of the subject property (Lands of Zelinsky), thus permitting continued use of that site as a pay parking lot. Furthermore, the proposed rezoning and the project would not impact the current zoning or use of the Railroad Marsh located north of the subject property, C. GENERAL PLAN CONSISTENCY The proposed rezoning and the Town Hall development project would be consistent with the Tiburon General Plan, as amended, The rezoning to P District would acknowledge and reinforce Tiburon General Plan Policy LU-27 by permitting the development of new and expanded public facilities. Furthermore, the rezoning would be consistent with Policy LU-l as it would encourage the development of a new Town Hall facility that would be conveniently located to the residents of the community, D. COMPLIANCE WITH THE CALIFORNIA ENVffiONMENTAL QUALITY ACT A Mitigated Negative Declaration and accompanying Mitigation Monitoring and Reporting Program for the rezoning and the Town Hall development project have been prepared in accordance with the provisions of the California Environmental Quality Act. These documents adequately assess the environmental impacts of the rezoning, In addition, these documents conclude that the rezoning and the development project would not result in any potentially significant environmental impacts which cannot be mitigated. SECTION 2. AMENDMENT. The 0,5 acre Tiburon Town Hall site (western portion of assessor parcel # 58-171-82), located at 1515 Tiburon Boulevard, more particularly described on attached Exhibit "A", is hereby rezoned from NC (Neighborhood Commercial) to P (Public/Quasi-Public) zone, . SECTION 3. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance, The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 1996, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON A TIEST: DIANE L. CRANE, TOWN CLERK \townhall\rezone,ord ~ EXHIBIT "A" '(po 1 of 2) DESCRIPTION OF PARCEL "V" A portion of Parcel "A" as said parcel is shown on the map filed December 7, 1978, in Book 15 of Parcel Maps, at Page 90, Marin County Records, State of California, said portion described as follows: Beginning at the most northerly corner of said Parcel "A" said corner also being a point on the southerly right of way line of Mar West Street and a point on the southwesterly line of Lot 10, as said lot is shown on the map filed February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records; thence along the northeasterly line of said Parcel "A" and said southwesterly line of Lot 10, South 65047'32" East, 261. 79 feet (recorded South 65022'40" East, 15 PM 90) to the True Point of Beginning; thence from the True Point of Beginning, along said northeasterly line of Parcel "A" and Southwesterly line of Lot 10, South 65047'32" East, 114.50 feet to a point; thence leaving said northeasterly and southwesterly lines, South 36025'08" West, 203.05 feet to a point on the northeasterly right of way line of Tiburon Boulevard; thence along said northeasterly right of way line of Tiburon Boulevard, North 55055'42" West, 112.00' feet (recorded North 55035' West, 15 PM 90) to a point; thence leaving said right of way line, North 36025'08" West, 183.42 feet to the True Point of Beginning. Containing 21,624 square feet, more or less. t ~I ':;~.'i~ ~ I ~.~~-T~~.~~Ii"'~r~ '1.~W:~-c~~,~_~~~__._,",_ ::~-" ~ '. -w\' --- ". ,...;..;. ~ ,'i""I,.".i!qj.~ "'''-~'Il...~'!\t 1- .""";"",,,,",,",.-, '>:1> ;~~~:". It~~~f. ~t.~~.. . '~,';-' ~ III !~~ ~~~ ~ ~ - ~\J\ 't ~~~ ~i~ ~J \'1i~~ ~~~ ~~g 'ii ,~ l>~~ ~ ~ ~ ... ~ ~ , .< ",'. ,,,"..::';- ..;.:: '....' -'1";' :'_:.- () , ~b:1 Q~gt ~ ~ ~ o~, () I' .......B.,,::s ~ ~ ~ ~ R tT1 ~~~;: Z ~9lr::R- ~." "" ';'n,.t',,- s>:; - 00. Q. ~ ~F~~ \ -~ Z otTl :l ~ M ~ - --"( ~ '~:;-;1-, _.....'-,...~, ~ .,. .itl~;;.~4j.~...Jt",~.... ' EXHIBIT ,"An (p. 2 of 2) ~~ ,:.>\ " Pi ;:::! OJ ~ - ~ ~ ~ ~ ~ ~ Gl -:::. " ','~~~ri:tl;"':I\t"-..:. " 'i::.t ~ ~ ' -~ ",. ~~ Cl~ ~. It&! -=- 2:- ~ ~ ~ . . 8 ~ . ~ ~ ~ - NEST ~ , ------ ~~ ~~ ~i:::! ::, '" ~ \II . ~ ~ Jt .~-~ y .~;Jo"26'oe;rJ' ~ /7/./!5' .~-..J -\...) - '" -, LA!-JQj OF' Tl8l/~." ( ) ON 90 Cb7~' :I. ,g rI" N.36.25.~'~ \. /&,42' ...... ~ ~ ~ ~ ~ I). \> ~ ~ N..../ol -'--. i"-<n- ' oJ 4-6.0;l. " L"/03.40', ~ , ''''/0.2,%) '\ .- , , 'b~ 11'0; .... 0:... .~ ~ . .~ jlI-: -to. ~I" _ ~.le. <Ii ~ ~ ...;:" f~ 11-<, ~ ...5.36- 25'O,B"W 20.3,~' :s; <:l ~, g 1'.... ~ ~<> ~~ ~i><:1 it ~ -53b"/b'45"W.226.54" (#.36":;;'>'-=. 225./~;I!;PN'Jo) r- 'Z \~t\. <;) " \lI t>, ; t. \to :"" 'Z.. J;>~ ~- cr. '" ~ ~ .t+',';";' -,I>~,~",:. """""'>"~' ~;;~I" . .~. .~~ ., ',.. ,', . ,.'''~ A TT ACHMENT #6 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TmURON ESTABLISHING PLANNING PROCEDURES FOR THE TIBURON TOWN HALL PROJECT The Town Council of the Town of Tiburon does ordain as follows: SECTION I. PURPOSE The Town of Tiburon has been offered ownership of 0.5 acres of land located at 1515 Tiburon Boulevard (western portion of AP#58-171-82), This property is proposed for the development of a new 9,000 square foot Town Hall. This Town Hall will be constructed, maintained, and operated by the Town of Tiburon, Pursuant to the provisions of Tiburon's zoning ordinance (Tiburon Municipal Code Chapter 16), this project would be required to secure use permit approval by the Planning Commission, and site plan and architectural approval by the Design Review Board (DRB), However, the Town Council is adopting this ordinance for the purpose of establishing more streamlined planning procedures, SECTION 2, EXEMPTION FROM ZONING ORDINANCE The new Tiburon Town Hall shall be exempt from all provisions of the Tiburon Zoning Ordinance, Tiburon Municipal Code Chapter 16, SECTION 3, REVIEW PROCEDURES ESTABLISHED FOR TIBURON TOWN HALL Plans for the new Tiburon Town Hall shall be reviewed pursuant to the following procedures: (A) The Town Council will hold public meetings (jointly with the Planning Commission if necessary) to review and approve a general plan amendment, rezoning, combined site/circulation plan and architectural drawings for the project. (B) The Town Council shall review the final working drawings and specifications prior to bidding for construction, The final working drawings shall comply with all required mitigation measures adopted as part of the certified Mitigated Negative Declaration. (C) Parking and circulation associated with the project shall be reviewed and approved by the Town Engineer with the intent of maximizing available parking while ensuring safe circulation, (D) Prior to any work on the site, the project shall be reviewed by the Town's Building Inspector and a building permit issued, (E) The project is subject to CEQA and a Mitigated Negative Declaration applicable to the project was adopted and a Mitigation Monitoring and Reporting Program (MMRP) was approved by the Town Council at a joint Town Council/Planning Commission meeting held on March 20, 1996, (F) The project shall be exempt from all Town fees, SECTION 4 EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 1996, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK \townhall\thproc.ord + ATTACHMENT #7 ORDINANCE NO. _ N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF THE ZELINSKY MASTER PLAN TO ALLOW DEVELOPMENT OF THE TffiURON TOWN HAI_L (PORTION 58-182-82) The Town Council of the Town of Tiburon does ordain as follows: SECTION I FINDINGS A, On July 11, 1977, the Tiburon Town Council adopted Ordinance No. 187 N.S. approving the Zelinsky Master Plan for the Downtown Area, Section 2,G of that ordinance required Mr, Zelinsky to record a document prohibiting the development of certain properties owned by Zelinsky. B, On July 20, 1978, Zelinsky recorded an agreement with the Town of Tiburon which in paragraph I stated that certain specified properties would be maintained "in their present natural state"," The Agreement also stated in paragraph 2 that this building restriction could be modified in the future if the Tiburon Town Council found good cause to do so. C, One of the areas subject to this building restriction is the 1.16 acre property at 1515 Tiburon Boulevard, located approximately 280 feet east of the Mar West Street intersection, The western 0,5 acre portion of the site is proposed to be deeded by the Zelinsky's to the Town of Tiburon and is proposed to be the site of the new Tiburon Town Hall. F, The Tiburon Town Council hereby finds that good cause exists to modify the provisions of the Zelinsky Master Plan to allow development of the Tiburon Town Hall. The new Town Hall facilities will be of great benefit to the entire community and is consistent with the current General Plan and zoning designations for the site, as amended. SECTION 2 AFFROY AL OF AMENDMENT The Town Council hereby amends Section 2,G, of Ordinance No, 187 N,S. to allow the development of a Town Hall and associated improvements on property located at 1515 Tiburon Boulevard, as described on Exhibit "A", attached hereto and incorporated as though fully set forth herein, I SECTION 3, EFFECTIVE DATE, This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a newspaper of general circulation, published in the Town of Tiburon, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON A TrEST: DIANE L. CRANE, TOWN CLERK \townhall\zelinmp.amd 2 ~~;;~. -, ~ N .. !~~ ~~~ (t~~ ~'1~ i~~ ~~~ ~J ~~~ !~~ lJi~g ... "II::i!i> ).;1i~ ~ ~ ~ ~ 'I ~ ~ 0- I ~ ttl b':!~ ~ ~ ::l o~; n I" ......(t"tl::l ~ ~:: 5 R tr1 ~~9:;;: Z ~ S ~ ~ ~. " ,;. n o. 1:' R<> :! > ~ S -f~Q.. ~ \oOS"(I') tT1 ~;,.~ > " "Z ~trJ ;;l ~ Jf 't EXHIBIT ."A" (p. 2 of 2) ~~ ~-; " S l-- .....:<:: ~lsl ~ . ~~ ",. ~~ <li~ l' 11~ ~ I - ~ ,~ ~ ~ <l ~' . II ~ . :z: " ~ ~ ~ ~ f. I) ~ il ~ ~ Gl .::::. l> ~ ~ N....~ -'--. Fl-'J7:s' 4.6.0;1" " L./03.40.(. ~ , "'&>2.%,) , . \ . , . ~:;:. "'.,. .. . '", l:... .~ 1L ''t; \II, . ... .it'\>' ~.~. ~ !!i - WEST ~ ------- ~ ~ ~ ~i ~~ ~~::l :::: '" !'.~..... Y" ,.s3h.26'os"N';.._ 1 171./~' .......-' ~ UW~ OF 778/1/ZUol.., ('') ON 90 Ob75<J :I. . 's rT' ^,.3l:o.25'~"'~ \. \ /83,42 . - <)> of>. ~ .,-("} ~;:.:, ...:,:.:ti: ~~ U. _ :\1..(" ~ ....5..36.25. 08""W 203.06' -z. .--..:i ~ i "" ' \) " \l1 ". < ~ t. "'-,.. ~ 'L .i--- ~ _;;, "" ~ t ..5.3b'/6'45"W, 226.54' (N.3b'tv'e.,2'25J3;/5PN90) <i~ !,"1 , ;a<> ~~ .<i1~ 1l~",::1 ~ -{.. ."",1 j A TT ACHMENT #8 RESOLUTION NO, AN RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF THE ZELINSKY PRECISE PLAN TO ALLOW DEVELOPMENT OF THE TIBURON TOWN HALL (PORTION 58-]82-82) The Town Council of the Town of Tiburon does resolve as follows: SECTION 1 FINDINGS A, On July 11, 1977, the Tiburon Town Council adopted Ordinance No, ]87 N.S. approving the Zelinsky Master Plan for the Downtown Area, Section 2.G of that ordinance required Mr. Zelinsky to record a document prohibiting the development of certain properties owned by Zelinsky, B. On November 16, 1977, the Tiburon Town Council adopted Resolution No. 956 approving the Zelinsky Precise Plan. Condition No. 16 of that resolution also required Zelinsky to preserve certain properties in their undeveloped state. C. On July 20, 1978, Zelinsky recorded an agreement with the Town of Tiburon which in paragraph I stated that certain specified properties would be maintained "in their present natural state"," The Agreement also stated in paragraph 2 that this building restriction could be modified in the future if the Tiburon Town Council found good cause to do so. D. On , 1996, the Tiburon Town Council adopted Ordinance #_ N,S. amending Ordinance #187. This amendment modified the provisions of the Zelinsky Master Plan to allow development of the Tiburon Town Hall on the western 0.5 acres of Assessor Parcel No, 58-182-82. E. The Tiburon Town Council hereby finds that good cause exists to modify the provisions of the Zelinsky Precise Plan to allow development of the Tiburon Town Hall. The Town Hall will be of great benefit to the entire community and is consistent with the current General Plan and zoning designations for the site, as amended. I SECTION 2 APPROV AI. OF AMENDMENT The Town Council hereby amends Section 16 of Resolution No. 956 to allow the development of a Town Hall and associated improvements on the property described on Exhibit A, attached hereto and incorporated as though fully set forth herein. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON A TIEST: DIANE L. CRANE, TOWN CLERK \townhall\zelinpp, amd 2 ! i ~ EXHIBIT "A" (P. 1 of 2) DESCRIPTION OF PARCEL "Y" A portion of Parcel "A" as said parcel is shown on the map filed December 7, 1978, in Book 15 of Parcel Maps, at Page 90, Marin County Records, State of California, said portion described as follows: Beginning at the most northerly corner of said Parcel "A" said corner also being a point on the southerly right of way line of Mar West Street and a point on the southwesterly line of Lot 10, as said lot is shown on the map filed February 16, 1984, in Volume 19 of Maps, at Page 4, Marin County Records; thence along the northeasterly line of said Parcel "A" and said southwesterly line of Lot 10, South 65047'32" East, 261.79 feet (recorded South 65022'40" East, 15 PM 90) to the True Point of Beginning; thence from the True Point of Beginning, along said northeasterly line of Parcel "A" and Southwesterly line of Lot 10, South 65047'32" East, 114.50 feet to a point; thence leaving said northeasterly and southwesterly lines, South 36025' 08" West, 203.05 feet to a point on the northeasterly right of way line of Tiburon Boulevard; thence along said northeasterly right of way line of Tiburon Boulevard, North 55055' 42" West, 112.00 feet (recorded North 55035' West, 15 PM 90) to a point; thence leaving said right of way line, North 36025'08" West, 183.42 feet to the True Point of Beginning. Containing 21,624 square feet, more or less. 1 P'~I ~~~--"'7'~ ~' ft:r"~;.:r.:'>.I4\f ~~.f!It:~:-;~~-,,~;~,",..~~.i_,"t~._.~_ .",. -~., . - ---J/-;j,~I~;" EXHIBIT "A" (P, 2 of 2) ~ ~ !~~ ~~~ ~ ~ ~\lI i~~ ~i~ ~J \Ii~~ ~~~ ~~~ "- "11",51 :I>~~ ~ ;,. ~ ~ "'i ~ ~ () " [td ~~g>~ ~ ~ O,!,!, n I" __I'D.,,~ ~ ~ ~ 5 ~ tT1 ~E.,,;;J Z ~ S ~ ~ ~." "" .. t"l 0, ~ "'- 8 ::.i!i Q. ~ ~ ~,(.I] tr1 c:;..~ > . "Z ~tT1 ;;J ~ ,~ ~ N-4~ -.----. ~..97.3". 4-6.Dj.' ., L./o31o. 34- , . (<':/02.%,) , . . , , , - NEST ~ -------- ,<;:~ .... . . e:~ '~. I; , ''I:. \II, . ... 'il:'\l' .~ ~. ~i ~" " ~~:::! ::;: ~ ~ ~ ~'!'~"... ).~" ,.!53r/'26'08"r/' ;.. i /7/. I~' /~..~J U\ LAJ.JQj OF n8(;I!CN'T~' t") ON 90 Ob75'J ~ ..t! r-r' N.36.25'Q8"'~ \. \ /83.42 . ili ~ ~ --c 1'<>::>:' ..:.:.~ ~~ l!\ _ l1-<, ~ ..5.36' 25' OS'W 203,05' ~ ';) ~. .5.36'/6'45'W.226.51' (N.30'='.=,2'25'/3;/5P/o/9o) z \ ~ \). \) '" \11 ". . ~ t. 'T'-c:.- ~'Z.. 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" z 5, ~. 5~ G' " z ;: w " z -, 0, ~. 5~ GO N ..-l (j I' ~ ~ll;i ..-l~?;~; ~~~ ..-l ::1.,"; I. ;:0 ..-l""' .!: l:C <o>>! !li ffi G (0 ffi G ffi -"""'"' -"""''''''''"' 11VH NMO~ NOlln81~ 3Hl , .,.'~'" i~,lr":t. - :' I,t , I ~ ' mil [tt]i ctth m ~l' im "i ""'1, ,~ "If') .. ~:"--- w ~ d ~ 8 z 2 ~ c > w ~ w ~9 s~ ..> 0) G 8 .... z w '" "- zO ",-' w V>> ww 00 V> ",z '" 00 ~ ~'< ~ ~> x~ ww 'm m ,.. '~,"" -_... i!",(" ,., :.' .;jl,..t. ~~. U:j 1':"1 '10' 'I'.' " . ~ fl~ I! e..h.! ~::i Is i Ii ii 11 , ; Ih , ! ! j z o ;: c > w ~ w ~, ..' c. w> " ...l rj I ~ ~. I~ g~~~1 i! ~ :;j~! !l 8 G 8 8 ffi ~;:)hOoo"" .........- 11YH NMOl NOllnau 3H1 .~. ~llilf: I Iii I I I "",U' ~~~j,. '1"'-'0' ~ ~ ... z w '" 0.. zO "'~ _w V>> ww 00 V> Z "'0 ~ ~~ W> " ...w i tj~ ..e......'-'- .. ~ ~. ~ .-*~... . "~::""t""TfIi''ft'~;''!'!',1'''' :':~:~J;t~if;+: IOJ ,~~. ITI ,.. '1"~1'111:1~"""~ :\1~'WIIi" I I i I'!' I~ ','~:,~:l..i,' 1',I!'IIH 1111"'~'"'' "'ll '11" Ii' I ; 'I;~ii' '" n:i I'll! 'h. 1'11: 'r','1 I 1~1' 9..h.1 i~ d ffi G I 'II ~ ii II i I : ! ~ . . I lED '~ f83] z ffi ":~;" ~ S! ~ "1If ~ ~ (0 ':~ ' .. [OJ > ~ !t 1,1' ~ ~ 1/11" ~ ~ ~ ~ ~ ." (0 ." ~~ ~: ~ .. I.)" ffi ~li;l~l" "~~~~... " ~~. , ATTACHMENT #9 EXPANDED SITE PLAN, FLOOR PLAN, ELEVATION, AND SECTION DRAWINGS ARE ATTACHED SEPARATELY FOR PLANNING COMMISSION AND TOWN COUNCIL MEMBERS ..l ~ ! I! ~~~~I il ~ ~~'f U \ '\ , \ \ \ . i , , 'I; "I' ~ , !:lJill Jd Jd ~I"llll U ! I ~l , z >-QV} "'...... ~gZLlJ -a::Wo ~t-~< ::pn::> :::Ill::: wZUU Q:oo<c a..UOll.. Vl ... Z !oJ ::> !oJ , i:i ~ w Ct: Z . ... 0.. :'i ili in ~ a.. ! I NbmJmtb. ; I I . .l! , i' t ! i, ! i" ",! '! II! ~ II li.!1 'III!I Ilil; I !! I'll I,' II:ll II' " ljlll,h ~ ill! Ii iIll !IIi i ill ill!II:!!l i!lllllj! I I II I! Ii lilll lill II !Iii iliil !1!1! 1111 !!!l!l '"'"""""'- -............ 1111 i u, IH! "1"1 !ii!lI .~III: . .. i ; f i . ! ~ ~ ~ ~ ,~ i !I lid! L I ~ i Ii' ! I , ~: n dd! ~'ttl'IH0 I !1 I '\ -I . i,,11 1 "'''1 I "I , '/; " ~_.~-~-:'" '" I i'l , , ", " --" --- - ..- --- ,. , ! ," , ; I ~ I , I I . U I" I; I I ~ l'i,1 1 ~ ! I.., I I " I r- , t- "~ ~~ ~ ,I I I' ! , I " Ii 'j j' Ii I, i" I ! i JI" 'Il~ I !I ~ I! ~!ll 'l ~ II!', "' " g :.i h!i!! ~ !li ill,l! ~!h!,! :' b' ~Ia ' , , , , , , , , , , , ! I A TT ACHMENT # 10 ( Mayor Wolf amended minutes #1069, page 4, second to last paragraph to read "In response to a question from Town Manager Kleinert,..." MOTION: MOVED: VOTE: to adopt the Consent Calendar as amended Hennessy, seconded by Thompson AYES: Unanimous G. UNFINISHED BUSINESS -'7, NEW TOWN HALL AND LIBRARY FACILITIES A. Processing Schedule: Planning Director Anderson reported at Council's workshop session of November 21, 1995, Staff was requested to provide a best case scenario for processing the New Town Hall project. Anderson reviewed the four steps that must be taken and the best case scenario would have final approval of the project by mid-March. He noted that due to the General Plan amendment he would suggest a joint meeting of the Town Council and Planning Commission to maintain the mid-March approval date. Mayor Wolf opened the matter for public comment, There were none. Councilmember Thompson thanked staff for their work and stated he would like to adhere to the schedule presented by the Planning Director. In the interest of time he supports a joint meeting of the Planning Commission and Town Council. MOTION: MOVED: Vote: to adopt this schedule and opt for a joint meeting with the Planning Commission and Town Council to deal with the General Plan issue Thompson, seconded by Hennessy AYES: Unanimous B. CEO A. StOry Poles & Planning Commission Issues: Planning Director Anderson responded to Councilmember Ginalski's memorandum dated November 22, 1995., He noted the Town did not want to "chop" the Town Hall and Library projects up, but CEQA's definition of a project requires the Town Hall and Library to be considered separate projects. He noted the Town must do an initial study on the first project applied for and take into account cumulative impacts for projects that are know to the extent they can be addressed. At the time the initial study for the Library project began, the Town Hall had not been designed. With the design of the New Town Hall, an amended initial study for the Library project will be released next week, which will restart the 30 day review period. The Library project is scheduled for the Council's regular meeting of January 17, 1996. In regard to processing the New Town Hall application, Planning Director Anderson reported last Spring staff drafted an Ordinance for processing the Library project. The Ordinance would have exempted the Library from all aspects of the Zoning Ordinance and TOWN COUNCIL MINUTES # 1 071 Decemher 6, 1995 2 - f~:O,,;,_'i';\f#.':' '1.';',~:;, ''''~''h' "<~ ',~'.l'',\l',,~' , ~. ~~"i ATTACHMENT #11 APPENDIX 'G' TIBURON TOWN HALL Summary of Project Consistency with the Town of Tiburon General Plan January 1996 (Revised March 1996) The proposed Town Hall project and accompanying applications have been reviewed for consistency with the Town of Tiburon General Plan. Pertinent goals, policies and programs are listed below, followed by a statement of project consistency/inconsistency. 1. Policy LU-I: Sufficient diversity should be provided in land uses such that publiclquasi'public uses are conveniently located to residents. Consistent. The subject property is centrally located in Downtown Tiburon to best serve the residents of Tiburon. The site is immediately accessible to public transit sen'ice, The proposed general plan amendment would appropriately permit the proposed building density andjloor area ratio. 2. Policy LU-9: The Tiburon General Plan land use designation currently adopted for this site is Neighborhood Commercial, which permits a maximum floor area ratio of 0 17 (with associated parking structures). The project proposes an amendment to this designation for the western 0.5 acres of AP #58-171-82 for Public/Quasi- Public use (for the Town Hall facility), which permits a maximum floor area ratio of 1.0. The eastern 0.66 acre portion of this parcel (proposed to be maintained for parking lot use) would continued to be designated for Neighborhood Commercial use, Consistent, The proposed PubliC/Quasi-Public for the western portion of the site would be 1) consistent and compatible with the designation for the adjacent Belvedere- Tiburon Library site and would facilitate a 'combined' planning effort for a civic center of public facilities and 2) would be consistent with the proposed Town Hall use as a public facility. Furthermore, the project's jloor area ratio of 0,43 would be consistent with the proposed land use designation. Maintaining the current Neighborhood Commercial designation for the eastern 0,66 acres of AP #58-/71-82 is appropriate in that it would continue to be privately owned and would continue to be used as a pay parking lot for public use, 3, Policy LU-27: The Town should provide new and expanded public facilities, including a new Town Hall and Community Meeting Hall. Consistent. The proposed project would replace the existing Town Hall facility with a new facility that is 9,000 square feet in size, ATTACHMENT #11 (Appendix G of Initial Study) 4, Policy DT-14: Buildings in the downtown area shall have a height and bulk that is in scale with the village character. Consistent. The proposed project would result in a floor area ratio of, 43, which is within the scale of the improvements in the area. Furthermore, the building design, materials and colors would be consistent with the design of the adjacent Belvedere-Tiburon Library and compatible with the nonresidential buildings found in the surrounding area, 5. Policy DT-15: New development In Downtown Tiburon shall enhance the streetscape. Consistent, The design of the Town Hall building as well as the accompanying pavement s1l1faces and landscaping improvements would enhance the streetscape and would invite public use, 6. Policy DT-16: New development In Downtown Tiburon shall relate to the pedestrian scale of the area. Consistent, The proposed Town Hall is designed with a one - two-stOlY building element along the Tiburon Boulevard frontage, This element coupled with the proposed open plaza and porch provides a pedestrian scale and an inviting entrance. 7, Policy DT-17: Require non-glaring and unobstructive outdoor lighting. Consistent, Outdoor parking lot lighting standards are required to provide shielding and downward illumination to reduce glare to neighboring properties, 8, Policy DT-18 New parking facilities in Downtown Tiburon shall be small in scale. Consistent. The proposed Town Hall lot is suitably sized to accommodate parking for the proposed use, This lot is designed to be in-scale with other small parking lots in the area, 9, Policy OSC-15: Establish a maximum site coverage of50% for new development. Consistent, The proposed project would result in a building to site area coverage of 25%. The proposed on-site parking does not constitute site coverage as it is not proposed within a parking structure. 10, Policy EQ-3.6: Maintain wildlife, vegetation and habitats. Consistelll. The proposed project would be well set back from the Pt. Tiburon Railroad Marsh and natural vegetation would be planted along the nor/hem property houndalY to establish appropriate huffers, II. Policy C-2: Maintain Level of Service (LOS) C at the Tiburon BlvdlMar West Street intersection. Consistellf. The traffic from the proposed project was considered in the local traffic model. New traffic from this project (and with the addition of traffic 2 A TT ACHMENT #11 (Appendix G of Initial Study) anticipatedfor the proposed Belvedere-Tiburon Library} would maintain the LOS 'C' condition at this intersection. 12. Policy C-15: The Town is to work with Caltrans to develop a mutually acceptable design program for Tiburon Blvd. Consistent. Caltrans was consulted through the environmental review process for the contiguous Belvedere-Tiburon Library project. No comments or objections were submitted by Caltrans regarding modifications to the center median along Tiburon Boulevard (extension of the central turning lane). This center median turning lane extension is suitably designed to serve the proposed Town Hall and the adjacent pay parking lot for public use, )3, Policy C-24: Encourage reciprocal parking for adjacent uses with differing peak hour demands. Consistelll. The site plan has been designed to incorporate 'shared' vehicle circulation and access between the Town Hall site and the adjacent library and pay parking lot sites, Furthermore, the site plan considers 'shared' use of parking among these sites to accommodate differing peak parking demand periods for each of these uses. 14. Policy C-26: Discourage parking lots along Tiburon Blvd. To the extent feasible, screen with buffers and berms. Consistent, A pay parking lot presently operates on the site, Maintaining the eastern 0.66 acre portion of AP #58-171-82 as a parking lot use would not be in conflict or inconsistent with this policy, The parking lot plan for the Town Hall proposes most of the parking to the rear of the building. Parking spaces proposed near the Tiburon Boulevard frontage are incorporated into the Town Hall plaza, which includes the use of special pavement and landscaping. 15. Policy C-29: Adequate parking and loading should be provided for all new uses and expansion of existing uses in Downtown Tiburon in accordance with the Zoning Ordinance. Consistent. The project presents a 'combined' site plan to provide 'shared' parking and circulation between the Town Hall and the Belvedere-Tiburon Library and between the Town Hall and the pay parking lot, The proposed plan, in addition to resen!ing parkingfor employee use at the Beach Road Tennis Court parking lot, would result in adequate parking for all uses implicated. 16. Policy C-31: Bicycle racks should be encouraged in Downtown Tiburon. Consistelll, The Town Hall building would be designed to include bicycle racks. 17. Policy SE-2: Applications for development shall provide substantial evidence (eg, soils reports, grading plan) that the proposed development poses no hazard to the project itself or other areas. 3 ATTACHMENT #11 (Appendix G of Initial Study) Consistent, Detailed geotechnical studies have been prepared and are referenced in the Initial Study which demonstrate that the site is developable and that it would /lOt pose a hazard to the public, 18, Policy SE-9: A sub-surface geotechnical examination of the site shall be prepared for a general plan amendment and rezoning application. Consistent. A geotechnical investigation has been prepared, which includes sub- swjace test borings. This investigation is referenced in the Inilial Study. tihth-gp.wps 4 ATTACHMENT #12 Correspondence Received to Date on Initial StudyIMitigated Negative Declaration "_l . , r .:it [ ( February 19, 1996 MEMORANDUM To: Scott Anderson, Planning Department, Town of Tiburon From: Hal Edelstein, Member Building Advisory Committee ~ Re: New Town Hall & Council Chambers flV INITIAL STUDY r;s- iRI"""~~r::r.D :".-\..Ull :....;j.~ 1.=1/ 1..:...",- ,,,.FJl.:.~.J _:0.>1 FES 2 1 1996 TOWel 0;= TI8URON PL..:..~~:~;:\\3 ~ GUiLDlNO DE?1: Following are my comments regarding the draft Initial Study for the Town Hall prepared February 1996: I. Background. B. Project Description: 1. Page 3. 4th full Paragraph: In order to meet the budget, the Building Advisory Committee recommended substitution of asphalt shingles in lieu of the synthetic slate roof. However, bidding alternates will be included in the bidding documents to allow for the synthetic slate roof or other suitable material if the lowest acceptable bid is lower than L'le cost consultant's estimate, at the discretion of the Council. 2. Page 4. first and second paragraphs.: I understand that Main Street Properties may use collection boxes instead of a manned kiosk (pay booth) for collection of parking fees, because the manning of a collection booth for this number of parking spaces would not be economically viable. If so, a chain barrier or similar device would not be required to block those attempting to bypass the pay booth. In this case the driveway access may also be slightly altered, to the approval of the Town Engineer. (See also Appendix L, paragraph 3.) II. Environmental Impacts Check List: _ 3. Page 21. par. 5.2: Should construction activities extend beyond September, it is likely that these activities would be less noisy and disturbing than the initial excavation, grading, - framing, etc. For instance, this work could involve painting, interior work including plumbing, electrical, cabinetwork and other finish work, etc. I suggest that the mitigation - be amended to add the word "Noisy" before "Construction". 4. Page 37. first "Impacts" Paragraph: During the development of the schematic design, the two-story element of the building was moved to the Tiburon Boulevard frontage, transitioning to a one story element at the rear of the building. This was done in response to suggestions by the Design Review Board in order to present a more substantial civic appearance along Tiburon Boulevard. Appendix I (Crane Addendum): 5. CTG Addendum. Page 1. third paragraph: The current site plan (Appendix B) indicates 31 parking spaces in the parking area to the east of the library (including 4 spaces on the front textured area), 26-27 spaces in the parking area to the north of Town Hall, and 3-4 spaces on the textured area in front of Town Hall. These counts may vary slightly during the development of the design. Furthermore, the chain separation between the pay lot and the rear Town Hall parking area may not be necessary (see item 2 above). cc: Jim Wilson Bruce Ross \wS\ttb\mrrMtb Id19 ~!-~';;- >_~'....;...;~1':~'1.", ~;-.' . """,,;"'-..t-<I'<J.;-~;'.:', i-.' -~~::, ".i:;:'-~" ~?~h~: -'"""", :;'1!.~~~:~ ~<-' '{"'-,' i':!,kI; !e":"'" ,.~-~.." X~:~,c~ ~~~;tt'~~ i~'~:':_:f:; ;[;t:" r:~~~'~ ~:~~. ~,- '~~ -~ ~:,: ~.. / I I 1~~...w~;r<;~-~G;, - _ ' ..~. -'~~"':~~~-~:~'>>;:~;' ~J."... "'jjo.' - r e3/e4/1995 15:2e 4154352438 TOWN OF TIEURON PAGE 1-1 ",~p<c",rr::", II"':.... ,,,,,'J,I I,;~R 0 t, it:~:~ TO\,'I;>.l 0:= TIl::UflCN PLA;~NING r.. EJa..OING OEi'T;;arc h 2 I 1996 T1buron To\tn O'ouncll, Plan~inr. COm.1i5~;ion Tiburon TO\!n Hall Mayor, Councilmcmhr;rs,TO\,!n Manaw"!r and Plannintr Di:r-cc"to!": For the rncord, I llr.1 in conplctc oppnGitio!'1 to t:;p 2prrovnl of t~'c tM1tlr,ated t;~ratlvp. Declar1.":.ion' fo!' the ~oun HR:l Pro,jp.C"'t. So::e of r::j' . reasono arc alrl1ady included in the Draft datpd l~ebruary 1 'J<J6 hl"ill~ presentod to tha Council and Plannin~ Comnin3ion. ;~,....~ 1) a) Pg. 7... Property 10 a :former marshlnnd with 10' of :-1:1 :.J.nl...!l~rlyinf Day Mud to dQpths of' 50' and more... and is ~lusical1y U:13':,'i\D!.t-:! ':.'he Oround'Wa~p,r (":ater table) WEtS ObGC:t'Ved to be O!;L.Y 4 I tr.::"ow thp aurff b) Pg. 9... RGtirnatos of Buildinr- Settlcnent ,,'ith:":1 50 ,ycars. ~:aT CAi.i!':: DY SElt::~IC AC':'::::V::::TY, will add up to 18 inches. :\0 considcrntio:'l 15 heinr; m:"lde for the n::::FlEHEHTIAL SBT~;'E[::;r:T a!1d LIQUJ-::-ACT::ON in nvcn of an Earth~uake. c) PE;. 12... The D~pt. of ConRP,r"ation (Gcolo~y) has EX1'rC;';G..:U CVl:C~~\f: that ,n;eotechn1cal inve:3ti!~ation9 for the Libl'.'try u::.d ':o"'n lIa':'::' had NOT InCLUDED adnquatt'! information for bui~dinc det;~g:l a:ld NO~ AiJURE: ED Se1~micnlly Induced Settleoent. LAt~rnl ~prcading and ~on-Linear Soil Structuro Interaction. Mr. Dab Sydnor, Chicf Geolo~ir,t nt t~- Dept. of Conservation reiteratnd that thf'~c "'I~:"C very i::lportant conaidl1r-:::tions. To date he had NOT rpceivp.d a CfJPJ" of 'this Draft. H. phone # 1a 916- 323 4339... ln event you would like ~o c0ntact hiQ. Another noted Geologist 1s Sale~ Rice. His book cx~ressc~ hiS opin1c re~arding Pub:1c BUildings to be con$t~lcted on IQAF', typifies olt~ that are Gubject to ninkinc and differcr.tinl scttl~~e~t (~iltln~). NO GUA~~EES arc being ~frp.rcd by the propo~ad Bui:dc:"s, or Architc in respect to these pOBBibilitip.s. nhouldn'~ th~ Town have aome le~ assurance and insurance covering these costly bu.ildinG!)? 2) a) Availablo Downtown P~rKlng will be totally inndp.q~ate1:1 respect to Viaitors and Rp.sldents nearby. Pg. 30... 'The prOf-oDed dpvelop~ent COULD impact the availability for Ang~l !ola!1d Parkin,,'. \1(' Can concludo that overflow parkinB will end up on r.enr~y s~reeto...to t~ detriment ot 111lcal property mmors and rp.si:ients. ~chool a:1d tourist Buseo wi!.l undoubtndly add to t!1.e con:'uo:.on or. nlo<, "!~c'rc-cnd~ or special An~cl Island Bvento. b) Parkinr; ~or ~he L~brary and Town Hall, 31tho~rr. chan..j. i~ far br.lo\ r.:linimuco :for thooe hlo 1ndivi,lual parcp':s. ':hc CO::.b1ned Entrance an. ti.c.:ht r1ITht anglpd parking slota tnakPA for di~f1cult r~1'i<:1nG'. exit1f and maneuverinr,.. .neceAsitatine an exit ":hru t!..~ Zeli:l.::;kj' Partl::'nK lc ALt THIS Arl!) ::uca MORE... pnOVE~ TH,.,T Ail S:r"'I;\Ot;~~:~I:~AL r::F/IC:' :tEPon,= (=:. r.: IS AN AB~OLUTE ImCESSI~Y! 11 ~ :rrncyroly, /z..::7.. ."~L~c.....fa.thanlp.l ~aran6 ( a. vp.ry COncerned c1ti7.en) Filod purm.l.ant to nection 65009 at thn <:ali!~ Gov+.. C':ode. Lil:J1tation on Legal ChallnonaoB) .,;-",;"< Ii=:. ~., >"',,",-, "".'''':'-t;--''tit.,~;~ :/-.~. ~ j, ';,"3'.t.. .", '..: (~ ' ,~:c~~~;" .'::~'~~c~:~~_'~ ,:'~;. .....'~~, TOWN OF TISURON f'L^u'\NING," BUiLDING O"'''T. . 10:;,. March 7, ~~~~~ MAR 8 19962 1996 TOWN MANAGER'S OFFICE TOWN OF TIBURON r:":I r- 11"1"'" r,~J'" '7"11 b'tl~\h.-t':-:~l! \\. ~~ M:\H 0 8 19% TO: TOWN OF TIBURON FROM: Frances C. Mayberry After hearing about the proposed Mitigated Negative Declaration regarding the new Town Hall development, I obtained a copy from your office. It is inconceivable that the Town would settle for a nega- tive declaration and not conduct a full-fledged Environmental Impact Report. The Town acknowledges that the project is subject to CEQA. (See page 6 of the Initial Study and Draft.) This is a disservice to the Town as there are many problems relative to the location of the site, e.g., stability of the land, elimina- tion of numerous parking spaces, and traffic impacts. These problems are not adequately covered by the ijegative Declaration. Section II, I, a and b, of the proposed Negative Declara- tion (pp. 7-10) describes the site, previously a ~arsH, a~ consisting of fill material down 10 feet and, below that, up to 50 feet of Bay mud. The groundwater table is 4 feet below the surface. Typically, such a formation would be subject to differ- ential settling and possible liquefaction (such as in an earthquake; If new fill is added, the site would settle approximately 8 inches in the next 50 years, 6 inches without new fill. , The Department of {onservation found that the geotechnical investigations conducted were inadequate to reflect the impact of the construction of this project (page 12 of the Negative Declaration). To fully allow for settling~fter the effects of an earthquake, p<lings should be installed fiown to bedrock. I understand1~~T&wn is considering pilings down to 10 feet, cover- only the fill and not the Bay mud underneath. The Negative Declaration provides very little information about the impacts on parking, and traffic on Tiburon Blvd. Please give careful consideration to abandoning your plan for a Negative Decliration and ut~lize the EIR process to supply complete details of the impacts of this project. A Loma Prieta type earthquake could be devastating to both the Town Hall and the adjac~nt Library without adequate support down to bedrock. cc. THE ARK !j~c_).~ '~"?'~~t.;,- :..,:.it~~~;' r;,...,~.._ ,.,,}:.i>t:., ;'i,'.":~" .' ~."."..'~ c_, ;~J,-,;', .,:..4,;;.:;:,1,- ..::.....,.,'" .7\~~:-..~~~~' <: _ _ ",