HomeMy WebLinkAboutTC Min 2007-10-03
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, October 3,2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMBMBERS:
Berger, Fredericks, Gram, Slavitz
ABSENT: COUNCILMEMBERS:
Smith
PRESENT: EX OFFICIO:
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
County of Marin v. Martha Company
Bonander v. Town ofTiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar
Valley Utility Undergrounding Assessment District
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(Section 54956.9(b)(3))
One Claim
CLOSED SESSION ANNOUNCEMENT
Mayor Gram said that no action was taken on the items discussed in closed session.
Town Council Minutes #20 -2007
October 3, 2007
Page 1
ORAL COMMUNICATIONS
Jim Bryant, local resident representing the Tiburon Peninsula Chamber of Commerce, informed
the Council of the holiday tree lighting ceremony scheduled for December 7 at Fountain Plaza.
He said that the Chamber was planning to purchase a LED-lighted tree for $20,000 which would
be installed by a company in Grass Valley and also stored at their facility after the holidays. He
asked the Council for a one-time contribution to the purchase of the tree in the amount of$7500;
he said that Belvedere had pledged $2500, and that the Chamber had started a fund for annual
maintenance of the tree.
Mayor Gram said that the matter to be placed on the regular agenda at a future meeting.
Councilmember Fredericks stated that many monetary requests from the Chamber came as a
surprise to the Council. She and said that it would be helpful to see an accounting of Town
contributions to the Chamber, in addition to its TOT contribution.
Vice Mayor Slavitz concurred with this request.
Councilmember Berger questioned the choice of an artificial tree and suggested that the artists
who had designed the "Coming About" fountain should be consulted for their ideas on holiday
lighting or other creative holiday displays in that location.
Town Manager Curran said that the matter would be brought back to the Council at its next
regular meeting.
On another issue, Sue Caudry, Virginia Drive, voiced concern over the parking and storage of
vehicles on the street by an absentee homeowner. She said that she had been in communication
with the Tiburon police on this subject.
Mayor Gram said that he had seen the Chief of Police's response to Ms. Caudry's letter and was
confident that the matter was being addressed by staff.
Ms. Caudry added that she hoped the Council would consider amendments to the Town Code that
would address the specific actions of moving vehicles around on the street to avoid the 72-hour
limit in the code.
Mayor Gram noted her request.
PRESENTATION
. Commendation for Romney Fennell for 21 years of service to the Town of Tiburon
Director of Community Development Anderson read a proclamation and presented it to Ms.
Fennell's son Forrest and daughter Rory on behalf of the Council.
Town Council Minutes #20 -2007
October 3, 2007
Page 2
CONSENT CALENDAR
1. Town Council Minutes - Adopt September 19, 2007 Minutes (Town Clerk Crane Iacopi)
2. Town Investment Summary - Accept August 2007 Report (Director of Administrative
Services Bigall)
3. Commendation - Adopt Resolution Commending Romney Fennell for 21 Years of Service
to the Town upon her Retirement (Director of Community Development Anderson)
4. Disaster Training Certification - Adopt Resolution CertifYing Emergency Management
(NIMS) Training for Town Staff in order to qualify for Federal Disaster Funding (Police
Chief Cronin)
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item Nos. 1 through 4, as written.
Slavitz, seconded by Fredericks
AYES: Unanimous
ABSENT: Smith
PUBLIC HEARINGS
1. Belvedere- Tiburon Library Expansion Project - Consideration of ordinance exempting
project from Tiburon Zoning Ordinance and establishing streamlined review for
processing future zoning permit applications - Introduction and First Reading of
Ordinance (Director of Community Development Anderson)
Property Address:
Assessor Parcel Nos:
1501 Tiburon Boulevard
058-171-93, 94 and a portion of 058-171-62
(Continued without hearing from September 19, 2007)
Director Anderson gave the report. He said that the Town's practice in recent years was to use
streamlined development review procedures for major public facilities. Anderson said that the
process had been used for the original Belvedere- Tiburon library project, as well as for the new
Town Hall and police station. He added that the Town anticipated using the same procedures for
the library expansion when it updated its General Plan, Tiburon 2020, in 2005.
Director Anderson said that under current zoning regulations, a conditional use permit and site
plan and architectural review approval would be required prior to issuance of building permits for
the library project; under the streamlined provisions, the Town Council would be the sole
reviewing body. However, the application could be referred to other boards, as well, according to
the Director.
Town Council Minutes #20 -2007
October 3, 2007
Page 3
Director Anderson said that the purpose of the streamlining was to save public monies that could
be used for the library project, as well as to conduct a more focused and shorter process. He said
that the Town Council would follow the same criteria utilized by the Planning Commission and
Design Review Board in its review.
Director Anderson said that the Planning Commission had unanimously voted to recommend
approval of this streamlined process at its September 12 meeting. At that meeting, a letter had
been submitted by attorney Stephan Volker raising various objections to the ordinance; Anderson
said that the letter and the Town Attorney's response was included in the Council's staff report.
He recommended that the Council conduct a public hearing of the matter and pass first reading of
the ordinance.
Councilmember Berger asked for an explanation in layman's terms of Section 3 of the ordinance
pertaining to CEQA.
Director Anderson said the section meant that adoption of this ordinance was exempt from CEQA.
He added that a mitigated negative declaration had already been approved for the library
expansion project and that if there were substantive changes to the project as analyzed in that
document, the project could be subject to further review and analysis under CEQA.
Mayor Gram asked about the rezoning of the project site. Director Anderson said that in 2004 the
site was rezoned from Open Space to Public/Quasi-public.
Mayor Gram added that the lawsuit the followed this action had been successfully defended by the
town. He asked the Town Attorney whether she was satisfied with the proposed streamlining
procedures.
T own Attorney Danforth said that the town had been careful to ensure that the streamlining
process included all the usual substantive protections of the Town's normal rules and regulations.
Vice Mayor asked her whether there was any difference between the issues raised in the 2005
litigation and the issues raised in Mr. Volker's recent correspondence.
Ms. Danforth said that in this case, the General Plan called for a streamlined application process
for this particular project. She said that Mr. Volker argued that CEQA protections would be
lessened by this process; Danforth said that the town had added language to address this statement.
Mayor Gram opened the public hearing.
Alan Fenster, resident of Marsh Road, adjacent to the proposed expansion project, said that he was
not entirely at peace with the proposed expansion of the library. He said that he and his wife had
enjoyed living by the marsh, especially the bird-watching, and that the expansion was
"wrongheaded" in the following ways:
Town Council Minutes #20 -2007
October 3, 2007
Page 4
1. It was a mistake for permanent and dedicated open space to be re-zoned;
2. The marsh and adjacent flood plain were environmentally sensitive areas;
3. The design and uses of the library were not adequately addressed, especially the issue of
parking;
4. The issue of due process through CEQA was not addressed.
Mr. Fenster said that he did not understand why the traditional design review process did not apply
in this case and he said there should be a point-by-point review of the plans. He feared that an "up
or down vote" by one body would heighten the risk [of inadequate review] for everyone.
Stephan Volker said that the letter he had submitted to the Council was a reiteration of the one he
submitted to the Planning C<Jmmission, with one change: he handed out a report from Professor
Robert Curry, a hydrologist, and Peggy Fielder, a botanist from San Francisco State, who had
written her thesis on plants of the Tiburon peninsula.
Mr. Volker said that the site was in a flood plain which had experienced flooding in 1986; he said
that construction would displace overflow water from the marsh and that new building( s) would
risk inundation. This was precisely the kind of information that CEQA Section 156162 referred
to, according to Volker.
In addition, Professor Curry's report contained new information and called for additional
biological and hydrological review.
Mr. Volker said that his client's position was not to stop the library expansion project but to
ensure utmost attention to environmental protection which would result in long-term care of the
marsh. He urged the council to give them time to conduct a [full] review.
V olker also raised due process concerns which, he said, would "go away" if the Council was
willing to work with them and if the outcome satisfied their objective of long-term care of the
marsh.
Councilmember Berger said that the Council had passed first reading of an ordinance addressing
flooding control and construction in flood plain areas; he said that the ordinance would be adopted
this evening.
Councilmember Berger also queried why Mr. Volker thought that project review by the Council,
which was comprised primarily of former members of the Planning Commission and Design
Review Board, would constitute less of an evaluation of the project.
Mr. Volker replied that "10 minds are better than five;" he said that more public hearings should
be encouraged to develop the details. Volker said that this process would balance the needs of
"getting on" with the project with preservation of the environment.
Town Council Minutes #20 -2007
October 3, 2007
Page 5
Jason Kibbey, Director of Defense of Place, said that his group worked to ensure that parks and
other locations remained protected. He said that he had been contacted by members of the
community regarding this project and he encouraged a public process for review of the library.
Mr. Kibbey also complained that within "hours" of his sending an e-mail to the town, unnamed
parties had placed calls to his Board of Directors objecting to his actions.
Mayor Gram closed the public hearing.
Councilmember Berger said that there was no question that the environmental aspects of the
application would be adequ,ately addressed by "five minds."
Councilmember Berger alsp, complimented members of the library on the choice of architects for
the project. He told the architects that the design process needed public input---he said that "we
are all the client." Berger rejected the notion that streamlining the process would put it on a track
for the "insiders."
Councilmember Fredericks said that it had always been part of the library's plan to hold extensive
public meetings and workshops outside of the Council's review process.
Library Director Deborah Mazzolini introduced architect Jennifer Devlin of the firm EHDD. She
said that it was made clear to the architects who competed for the job that public input would be a
"major part" of the contract. She said that meetings would be well publicized.
Ms. Devlin said that her firm had just finished the San Mateo public library project. She said that
there were over 100 public meetings during this process.
Councilmember Berger asked Ms. Devlin to stay open to the ideas, including negative ideas, that
were presented at the public meetings. He said that input from the public would result in a better
design.
Vice Mayor Slavitz said that streamlining was not "short shrift;" he said that this process had
worked well 10 years ago and that he was comfortable undertaking it again.
Mayor Gram said that this proj ect would not be "shuffled through;" he said that this was the same
process used by the town and other cities. He said that the Council's review would include not
only aesthetic considerations but environmental ones, as well.
MOTION:
Moved:
Vote:
To read the ordinance by title only.
Berger, seconded by Slavitz
AYES: Unanimous
ABSENT: Smith
Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon amending the
Zoning Ordinance (Chapter 16 of the Tiburon Municipal Code) by adopting an ordinance
Town Council Minutes #20 -2007
October 3, 2007
Page 6
establishing streamlined town review and decision-making procedures for the Belvedere- Tiburon
Public Library expansion project."
MOTION:
Moved:
Vote:
To pass first reading of the ordinance.
Slavitz, seconded by Berger
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Smith
2. Flood Damage Prevention - Consideration of ordinance amending Chapter 13D of Town
Code to reduce flood damage by regulating the base floor elevations of new construction
or substantial improvements in areas designated as flood zones - Second Reading and
Adoption of Ordinance (Director of Community Development Anderson)
Council waived the staff report.
Mayor Gram opened and closed the public hearing. There was no public comment.
MOTION:
Moved:
Vote:
To read the ordinance by title only.
Slavitz, seconded by Fredericks
AYES: Unanimous
ABSENT: Smith
Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon amending
provisions of Chapter 13D of the Tiburon Municipal Code (Flood Damage Prevention)."
MOTION:
Moved:
Vote:
To adopt the ordinance.
Slavitz, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Smith
3. Pine Terrace ADA Path Improvements - Recommendation to Approve Plans and
Negative Declaration and Authorize Town Manager to Authorize Project Bids subject to
final CAL/TRANS design approval (Director of Public Works/Town Engineer Nguyen &
Director of Community Development Anderson)
Director Anderson gave the report. He said that for several years, the town had sought to
improve the pathways near Pine Terrace that led to McKegney Green and the multi-use path. He
said that an earlier pathway improvement design had been approved by the Council in 2001 but
had not gone forward due to lack of funding. According to Anderson, subsequent discussions
with CAL/TRANS and the Pine Terrace Homeowner's Association had resulted in the revised
project design currently before the Council. He said it consisted of two components:
Town Council Minutes #20 -2007
October 3, 2007
Page 7
1. An existing 225- foot long paved path connecting pedestrian traffic along the south side
of Tiburon Boulevard to the multi-use path would be resurfaced and made accessible to
the disabled;
2. A new, 200-foot long secondary pathway would be constructed to provide a more direct
route along Tiburon Boulevard and the multi-use path to McKegney Green.
Anderson said that plans had been prepared by Harris & Associates, and were pending final
CAL/TRANS approval. The preliminary Engineer's Estimate for construction was $195,000,
according to Anderson.
Director Anderson said that the project's benefits included a safer route for children going to
school, accessibility for the~disabled, and enhanced public access to the multi-use path and
McKegney Green. In addition, an initial study identified several potential environmental impacts
but concluded that all potential impacts could be mitigated.
Anderson said that the financial impacts to the town would be the cost of construction and on-
going maintenance. He said that funding for the construction portion was included in the adopted
fiscal year 2007-08 capital improvement budget.
Councilmember Berger asked about the proximity of certain trees to the project; Director
Anderson said that staffhad looked at the trees and did not expect the project to have any
substantive effect on them.
Vice Mayor Slavitz asked about grant funding for the project. Director Nguyen said that the town
had received an $87,000 grant from the Transportation Authority of Marin which would help fund
the overall construction cost of $195,000.
Vice Mayor Slavitz asked about archeological findings in the area. Director Nguyen said that an
archaeologist would be monitoring construction in the potentially sensitive areas.
Vice Mayor Slavitz asked whether a CAL/TRANS encroachment permit was needed for the
unpaved portion of the path only. Director Nguyen said that the town would wait to obtain
permits for both portions of the path before beginning the project.
Mayor Gram opened the public hearing.
Steven Rappaport, Pine Terrace, had two main concerns: traffic congestion and safety. He said
that Pine Terrace was used by soccer players and Del Mar school children as a drop-off and pick-
up location. He said that a renovated path would bring even more people to Pine Terrace and
McKegney Green. Also, he said that he feared the improved path would increase the parking by
"weekenders" on his street. He submitted photos to the Council showing this traffic congestion.
Mr. Rappaport said that the town had attempted to address this problem by putting up a sign but
that it was not within the field of view of people driving into Pine Terrace. He had the following
Town Council Minutes #20 -2007
October 3, 2007
Page 8
suggestions for the town: to tell the Tiburon Peninsula Soccer League that it was not okay to park
or drop-off on Pine Terrace; to increase police presence to monitor the unsafe practices and "shoo"
people away; and better signage.
Henry Broderick, Rowley Circle, said that he was concerned about the trees on the path because
there was very little soil in that location which might be disturbed by construction. He said that
one large eucalyptus tree there was a "treasure" and that care should be taken to protect it by
paving around it.
Doris Dantes, 15-year resident of Pine Terrace, said that the issues had remained constant, even
though Councilmembers and town managers had come and gone over the years. She noted that
the Director of Community Development had stated that the potential impacts of the project had
mitigations; she asked how the parking problems would be mitigated. She said that a 6 or 10-
inch sign "won't cut it."
Ms. Dantes said that she had spoken with Director Nguyen in June to let him know that this was
a serious problem that needed to be addressed. She said that the residents of Pine Terrace would
like to see path improvements, but not at their expense. She also mentioned the "tenuous" lease
the town had on the property. She asked that something be done so that the lease would not be
revoked.
Ms. Dantes said that she was responsible for having the preclusion of parking written into
original master use plan for McKegney Green. Although the police department was monitoring
soccer practice drop-offs and pick-ups on Tuesdays and Wednesdays, Ms. Dantes said that the
problem was greater than that; she said the photos distributed earlier represented only one
snapsnot in time and to add to this scenario the 50-60 cars circling Pine Terrace for after-school
pick-ups from Del Mar School.
Councilmember Fredericks asked about the easement over [a portion of] the path. Town
Attorney Danforth said that it was a leased easement by the Town from the Pine Terrace
property owners.
Vice Mayor Slavitz said that the paved portion of the path went directly through the Pine
Terrace easement while the other portion of the project (the dirt path) was simply being made
safer.
Vice Mayor Slavitz said that he thought it was a 99-year lease. Ms. Dantes said that it was not
timed.
Councilmember Fredericks said that while the negative declaration said that there would not be
an increase in traffic, she thought that the town should address the concerns of the Pine Terrace
residents.
Town Council Minutes #20 -2007
October 3, 2007
Page 9
Councilmember Berger agreed that it would be a nice idea to fold this matter into the overall
project. He said that one solution might be more explicit signage.
Town Manager Curran said these were two separate issues: the negative declaration (for the
project) and the problem of parking at Pine Terrace. She agreed with the statements by
Councilmembers Fredericks and Berger that the problem could use some focus and solutions.
Mayor Gram asked whether staff was proposing to build improvements over something that
could be revoked. Director Anderson said he thought the answer was yes.
Mayor Gram asked for more information concerning the lease; whether is was a recorded
easement, etc. He suggested that the matter be continued so that Council could understand the
nature of the document in question and before it agreed to spend any money on the project.
Councilmember Fredericks asked whether a delay would result in a loss of grant funding. Staff
said that it would not.
Council asked how much of the funding was for the paved portion of the path. Director Nguyen
said that a significant portion of the project was for the paved path. He added that the two paths
could be separate proj ects, if necessary.
Mayor Gram agreed that the parking issue was a real problem that he himself had witnessed. He
said that some people parked at Pine Terrace to avoid the longer walk to Blackie's Pasture
parking lot.
Vice Mayor Slavitz said that the solution was most likely an ongoing effort. He said that he had
held meetings with the residents several years ago on the same subject.
Item continued to the next regular meeting.
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
· Town Council Weekly Digest - September 21,2007
· Town Council Weekly Digest - September 28,2007
Town Council Minutes #20 -2007
October 3, 2007
Page 10
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Gram
adjourned the meeting at 8:42 p.m.
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DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #20 -2007
October 3, 2007
Page }1