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TOWN OF TIBURON
1505 Tiburon Boulevard
. Tiburon, CA 94920
Town Council Meeting
October 17, 2007
Agenda Item: #
STAFF REPORT
To:
From:
Subject:
Mayor and Members of the Town Council
Public Works Department
Community Development Department
Pine Terrace Pedestrian Path Improvement Project: Recommendation
to Approve Plans and CEQA Negative Declaration and Authorize the
Town Manager to Solicit Bids Subject to Final Caltrans Design
Approval
Reviewed By: _►�
BACKGROUND
On October 3, 2007, the Town Council held a public hearing on this item, took public testimony
and closed the public hearing, and began its deliberations on the project. The Council received
testimony from two residents of the Pine Terrace Subdivision expressing concerns with existing
traffic safety and parking issues on Pine Terrace. Mayor Gram also requested additional
information on a lease agreement with the Pine Terrace Homeowners Association that provides
for public pedestrian access over a portion of the existing paved pathway. The Town Council
continued the item to the meeting of October 17, 2007.
DISCUSSION
Parking & Traffic Safety Issues
While recognizing that the existing parking and traffic safety issues on Pine Terrace are separate
from the pathway improvement project, the Town Council directed that Staff work with the
involved parties to address these traffic safety and parking concerns. Staff has initiated this
process and will continue to provide the Town Council with periodic progress updates.
Lease Agreement
In 1982, the Town leased a small triangular-shaped portion of a parcel owned by the
members of the Pine Terrace Homeowners Association. Staff has attached a copy of the
lease agreement as Exhibit 1. The lease provides that either party may terminate the lease
upon 30 days written notice. This termination clause creates an element of risk as the
Town contemplates a substantial expenditure to improve the path. However, this risk
iownCounrtl
(7cr her 17. .2007
must be weighed against the risk of liability if the path continues to degrade and/or a user
is injured.
Moreover, there are several factors that render lease termination unlikely. The Pine
Terrace Homeowner's Association no longer formally exists, and the property owners of
Pine Terrace now all own the property directly and would all have to approve any change
in the status of the property. This need for unanimous approval has defeated the Town's
prior efforts to solidify its interest in the property. The same requirement is likely to
inhibit termination of the lease, especially since such termination would leave the property
owners solely liable for the path (unless they were to totally remove it). Staff concludes
that the risk associated with lease termination is small in comparison to the importance of
the pathway to the community at large.
RECOMMENDATION
Staff recommends that the Town Council:
1) Take any public comment, limiting comment to new information.
2) Adopt the Resolution (Exhibit 2) adopting a Mitigated Negative Declaration for the
project, approving the project and adopting a mitigation monitoring program for the
project, and authorizing the Town Manager to solicit construction bids subject to
receipt of final Caltrans design approval.
EXHIBITS
1. Lease Agreement dated July 15, 1982.
2. Draft Resolution.
Prepared By: Nicholas T. Nguyen, Director of Public Works / Town Engineer
Scott Anderson, Director of Community Developmenty---
S;\Administration\Town Council\Staff Reports\2007\Oct. 17, 20071Pine Terrace Path Project 10-17 report.doc
.I 'OWN i )F TIM IRON raw n,• .'.
L E A S E
THIS LEASE is executed in duplicate at Tiburon,
California, between PINE TERRACE HOMEOWNERS ASSOCIATION,
hereafter "Lessor", and the TOWN OF TIBURON, a Municipal
Corporation, hereafter "Lessee".
IT IS AGREED between the parties as follows:
1. DESCRIPTION OF PREMISES. Lessor hereby leases
to Lessee,'and Lessee hires from Lessor, on the terms and con-
ditions hereinafter set forth, that certain real property with
the appurtenances, situated in the Town of Tiburon, State of
California, more particularly described in Exhibit "A" attached.
2. TERM. The term of this Lease shall be one (1)
year, commencing January 1, 1982, and shall continue thereafter
from year to year until terminated. Either party hereto may
terminate this Lease at any time by giving the other party
notice in writing at least thirty (30) days next prior to the
date when such termination shall become effective.
3. RENT. The total rental shall be the sum of ONE
DOLLAR ($1.00), which shall be payable on January 1, 1982, and
on the first day of each succeeding year thereafter until this
Lease is terminated.
4. USE. The property leased hereunder is to be
used as open space.
5. HOLD HARMLESS. Lessor shall not be liable for
any damages or injury to Lessee, or any other person, or to any
property, occurring on the demised premises or any part thereof;
and Lessee agrees to hold Lessor harmless from any claims and
liabilities by reason of the use, or misuse, of the demised
premises.
6. ENTIRE AGREEMENT. This Lease constitutes the
entire agreement between the parties, and may be modified only
by a writing signed by both parties.
1.
EXHIBIT NO. 1
7. NOTICES. Any notice which either party may give
to the other may be given by mailing the same to Lessee at
Town Hall, 1155 Tiburon Boulevard, Tiburon, California 94920,
and to Lessor at too P+f� - 2. tc (T L.LJ- e 60-1 (I4 aq►20
IN WITNESS WHEREOF, Lessor and Lessee have executed
this Lease the j5+n day of ZI'u.Ay , 19802
PIN CE HOMEOWNERS ASSOCIATION
By
Paul J. Beuttas, President: "Lessor"
TOWN OF TIBURON
A Municipal Corporation
By
AFA44( /21%/40)(
Dennis Rockey, Mayor •
ATTEST:
R.L. Kleinert, Town Manager/Town Clerk
2.
RESOLUTION NO. Draft -2007
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE PINE TERRACE PATHWAY IMPROVEMENT PROJECT,
ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING PROGRAM THEREFOR, AND TAKING RELATED ACTIONS
ASSESSOR PARCEL NOS. 55-131-02 & 55-131-19
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. The Town of Tiburon is proposing to construct pedestrian access improvements in the
vicinity of the Pine Terrace Subdivision and the Richardson Bay Lineal Park Multi -use
Path, in the vicinity of McKegney Green. The proposed project would involve
reconstruction of an existing pedestrian pathway to, among other things, make it comply
with accessibility regulations, and would also involve installation of a new 200 -foot long
pathway that would provide direct access to McKegney Green from existing pedestrian
improvements alongside Tiburon Boulevard.
B. The Tiburon Planning Division prepared an initial study, which concluded that there
were no potentially significant environmental effects related to the project that could not
be mitigated through implementation of the mitigation measures agreed to in advance
by the Town.
C. On August 20, 2007, a Draft Mitigated Negative Declaration was circulated for public
and agency comment. Notices of such availability were mailed to persons and agencies
as required by law, posted, and advertised in the Ark newspaper to announce a public
review period that ended on September 24, 2007. The notice included information on the
scheduled public hearing on the project application. One comment letter was received
during the comment period.
D. The Town Council has held a duly noticed public hearing on October 3, 2007 and heard
and considered all testimony received from interested persons and considered the project
materials before it. The Town Council finds that the project is consistent with the goals,
policies and programs of the Tiburon General Plan and consistent with the Town's zoning
regulations. The Town Council finds that the project would provide a handicapped -
accessible connection between the Del Mar Middle School and the Multi -Use Path, as
well as providing other benefits to the general public in the form of enhanced access to
the Richardson Bay Lineal Park.
Tiburon Town Council
Resolution No. XX -2007 --/--/2007 l
EXHIBIT NO.
E. The Town Council finds that no substantial evidence has been received that would
support a fair argument that a significant environmental effect would result from the
project after implementation of the mitigation measures.
Section 2. Adoption of Mitigated Negative Declaration.
NOW, THEREFORE, BE IT RESOLVED that the Town Council adopts the mitigated
negative declaration for the Pine Terrace Pathway Improvement Project.
Section 3. Approval of Project and Mitigation Monitoring Program.
BE IT FURTHER RESOLVED that the Town Council hereby approves the Pine Terrace
Pathway Improvement Project and adopts a mitigation monitoring program for the project as set
forth in attached Exhibit "A", incorporated herein. The Director of Community Development is
directed to file the Notice of Determination with the Marin County Clerk and the Go'vernor's
Office of Planning & Research (State Clearinghouse) within five (5) working days of this
approval.
Section 4. Authorization to Solicit Bids.
BE IT FURTHER RESOLVED that the Town Manager is authorized to solicit project
bids, subject to final Caltrans design approval.
PASSED AND ADOPTED at a regular meeting of the Town Council on
, 2007, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:\Administration\Town Council\Resolutions12007\PineTer ace Pathway Improvement Project reso.doc
Tiburon Town Council Resolution No. XX -2007 —/--/2007 2
t� rf
EXHIBIT
APPENDIX A
CONSENT AGREEMENT FOR MITIGATION MEASURES
Project Title: Pine Terrace Pedestrian Path Improvements — Richardson Bay Lineal Park
Lead Agency Name and Address: Town of Tiburon, 1505 Tiburon Boulevard
Tiburon, CA 94920
Contact Person and Phone Number: Daniel M. Watrous, Planning Manager (415) 435-7393
Project Location: Richardson Bay Lineal Park, Tiburon, Marin County, CA
Project Sponsor's Name & Address: Town of Tiburon, 1505 Tiburon Boulevard, Tiburon, CA 94920
The Town of Tiburon, the project sponsor, hereby agrees to implement the mitigation measures described
herein which are recommended for the proposed project based on the assessment of potential
environmental impacts in the Initial Study and are incorporated into the preparation of the Mitigated
Negative Declaration (pursuant to Section 21157.5 of the Public Resources Code and Article, 6 of the State
CEQA Guidelines) for the proposed project. The mitigation measures required to reduce the potentially -
significant impacts of the project to a less -than -significant level are as follows:
Mitigation Measure Air Quality — 1: The site shall be watered during construction to minimize fugitive
dust.
Mitigation Measure Cultural -1: All soils removal from this portion of the project shall be monitored by
both an archeologist and a Native American representative to insure that all significant archeological
materials and information are removed and/or recorded for further analysis if recovered. Monitoring shall
also identify and lessen the impacts of project to possible human burials which may exist in undisturbed
portions of the archeological site.
Monitoring shall consist of direct observation of the excavation process by a monitoring archeologist and a
Native American representative. Monitoring shall occur during excavation until excavation is complete.
The archaeologist and monitor shall coordinate with the Town and its contractor in advance of the start of
work to determine monitoring schedules.
Equipment stoppages shall only involve those pieces of equipment that have actually encountered
significant or potentially significant deposits, and shall not be construed to mean a stoppage of all
equipment on the site unless the cultural deposit covers the entire building site. During temporary
equipment stoppages brought about to examine suspected remains, the archeologist and monitor shall
accomplish the necessary tasks with all due speed.
Mitigation Measure Cultural -2: If, during construction activities, any archaeological artifacts or human
remains are encountered, the following measures shall be implemented:
a. Construction shall cease and a qualified archaeologist, if not already present, shall visit the site to
address the find. The Marin County Medical Examiner's office shall be notified to provide proper
direction on how to proceed. If any Native American resources are encountered during construe -
Pine Terrace Pedestrian Path — Richardson Bay Lineal Park, Tiburon, CA 37
tion, construction.shall cease immediately until a Native American descendant, appointed by the
Native American Heritage Commission of the State of California, is able to evaluate the site, make
further recommendations, and be involved in mitigation planning.
b. Any artifacts or samples collected as part of the initial discovery or monitoring must be properly
conserved, catalogued, analyzed, evaluated, and curated in a manner consistent with current .
professional archaeological standards.
c. The Town of Tiburon is responsible for notifying the contractor in writing of the possibility of
such findings prior to the onset of construction.
Mitigation Measure Noise — 1: All construction activities shall comply with the Town's limitations on
construction hours as set forth in Chapter 13 of the Tiburon Municipal Code. Construction shall be limited
to 7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:30 a.m. to 4:00 p.m. on Saturdays. Work shall
not be performed on Sundays or on holidays recognized by the Town of Tiburon. Hours of operation,
maintenance, and servicing of heavy equipment shall be limited to 8:00. a.m. to 5:00 p.m., Monday through
Friday.
Mitigation Measure Noise — 2: Equipment engine doors on motorized equipment shall be closed during
equipment operation.
Mitigation Measure Noise— 3: The quietest of alternative feasible equipment shall be used dicing
demolition and construction.
Mitigation Measure Noise — 4: When not in use, motorized construction equipment shall not be left idling.
Mitigation Measure Transportation/Traffic — 1: A temporary emergency access pathway shall be
established and maintained in an unobstructed condition when the Tiburon Multi -Use Path is disturbed or
otherwise obstructed as part of the proposed construction. This temporary emergency access pathway shall
be designed and constructed to the satisfaction of the Tiburon Fire Protection District to allow emergency
vehicles access to portions of the Richardson Bay Lineal Park currently accessed by the Tiburon Multi -Use
Path.
Project Sponsor's Signature:
Margaret Curran, Town Manager. Date
Town of Tiburon
Pine Terrace Pedestrian Path — Richardson Bay Lineal Park, Tiburon, CA 38
establishing streamlined town review and decision-making procedures for the Belvedere -Tiburon
Public Library expansion project."
MOTION: To pass first reading of the ordinance.
Moved: Slavitz, seconded by Berger
Vote: 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: To read the ordinance by title only.
Moved: Slavitz, seconded by Fredericks
Vote: 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: To adopt the ordinance.
Moved: Slavitz, seconded by Fredericks
Vote: 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 staff had 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 projects, 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