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Home My WebLink AboutTC Min 1999-10-20 _._-_..~ . r-- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, October 20, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. INTERVIEWS 1) At 7: 15 p.m., Council interviewed Jack Mavis, 407 Paradise Drive, for a vacancy on the Design Review Board. B. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Hennessy, Matthews, Thompson Gram PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Superintendent of Public Works Iacopi, Deputy Town Engineer John Huginin, Town Clerk Crane Iacopi r-- C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Bach said there was no closed session. D. PUBLIC OUESTIONS AND COMMENTS Elizabeth Barrows, 509 Ned's Way, asked about the Senior Housing Project and was told that she could speak during the scheduled time for that item on the agenda. Larry Smith, Tiburon Peninsula Foundation President, said his organization was taking the lead in effecting the repairs to Blackie's sculpture. He said it would have been impossible to vandalize it with a rock and surmised that a sledgehammer had been used. Smith said the most practical way to make repairs would be to extract the entire statue, but that it might be possible for the artist to make the repairs on-site. Smith also said the artist and the Foundation Board wanted to continue to have Blackie as an interactive sculpture and to allow children to sit on it. He said they [the children] were protected by the soft material been placed around the statue by the Town. Mayor Bach and Councilmember Hennessy concurred that the sculpture should be available in this way. Bach noted with pride the first time he witnessed a child sitting on the sculpture in Blackie's Pasture. r' Town Council Minutes # 1174 October 20, 1999 Page 1 I ,. E. COUNCIL. COMMISSION & COMMITTEE REPORTS .J Councilmember Thompson announced that the proposed jet ski [ban] ordinance would be heard by the Marin County Board of Supervisors on Tuesday, October 26, 1999, I F. 2) 3) 4) 5) 6) 7) CONSENT CALENDAR TOWN COUNCIL MINUTES - No. 1171 - September 1, 1999; No 1172 - September 15, 1999 - (Adopt) TOWN MONTHLY INVESTMENT SUMMARY - As of August 31,1999 - (Accept) MAIN STREET ACCESSffiILITY PROJECT - Memorandum of Understanding with Sanitary District No. 5 - (Authorize Execution) , CYPRESS HOLLOW LIGHTING & LANDSCAPING DISTRICT - (Adopt Resolution for Continued Maintenance and Operation of District) SHORELINE PARK LIGHTING SYSTEM REPAIRS - (FY99-2000 Bu(jget Amendment) TOWN HALL - SPRINT PCS SITE AGREEMENT - (Amendment) Councilmember Hennessy moved to add Items No. 13 & 14 to the Consent Calendar. Motion passed. 13) FIRST QUARTER BUDGET REPORT - FY ENDING 6/30/2000 14) SPECIAL EVENT PERMITS - (Sunday, October 24, 1999) A Pet Paws Parade - (Lower Main Street) B. "Kosovo Sleep Safe Project"- (Walk along Multi-Use Path) ...J Town Manager Kleinert removed Item No.7, Town Hall Sprint PCS Site Agreement, from the Consent Calendar, pending further changes by Staff. MOTION: Moved: Vote: To approve Consent Calendar, Items 2 through 6 above, and Items 13 & 14. Hennessy, Seconded by Thompson AYES: Unanimous ABSENT: Gram G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 8) DESIGN REVIEW BOARD - (One Vacancy) Mayor Bach said the Council had interviewed some excellent candidates, but suggested postponing appointment pending further interviews as a result of interest generated by the Town newsletter. Council directed Town Clerk Crane Iacopi to extend the application period to November 15, 1999. ..J Town Council Minutes #1174 October 20, 1999 Page 2 . ~ H.. PUBLIC HEARING 9) NED'S WAY & TffitJRON BOULEVARD: NED'S WAY GARDEN HOMES PROJECT; Ned's Way Garden Homes, LLC, Applicant - AP No. 058-151-35. The Town Council will hear public testimony on the merits of a proposed 25-unit senior housing project located on 1.51 acres ofland and will consider certification of the Final Environmental Impact Report for the Project. - (Resolution) Planning Director Anderson said the item before the Council was a Precise Development Plan proposing the construction of25 senior housing units on Ned's Way near the Tiburon Boulevard intersection. He said the project was the culmination of a process that begin in 1995 with the passage of the ballot initiative directing the construction of senior housing at the site of the [now] former Town Hall and Police buildings. Anderson said the design competition had been spearheaded by the Senior Housing Advisory Committee and Ned's Way Garden Homes had been selected as the winner by the Town CounciL Anderson said the Planning Commission had considered the project and its EIR at three public hearing in August and September 1999, and had praised the project for its design and compatibility with surrounding development. He said there were a couple of" quirks" such as the fact that some of the dormers were higher than 30 feet. In response to a question about potential view blockage from the Hilarita, Anderson said it would be minimal. ,--- The Draft EIR was released for public comment on June 30, 1999 and the Final EIR was released on September 17, 1999. Some potential impacts were noted in the DEIR in the following categories: Circulation/Traffic; Hydrology and Water Quality; and Noise. Anderson said the DEIR indicated that all potential significant impacts could be reduced to less than significant levels through the adoption of mitigation measures. According to Anderson, the Planning Commission had recommended certification of the EIR by Council subject to these conditions, including the addition of 10-20 parking spaces up hill for overflow, guest and Hilarita parking. Anderson noted that the Tiburon Police Department could use the parking as well. Anderson also said that Town Staff and the applicant had met with representatives from the Reed Union School District to discuss more precise detail regarding the development and implementation of noise and construction traffic mitigation measures. He said these details could be worked out in a separate agreement adopted at a later date, but might involve some minor changes to the mitigation monitoring program. Bruce Burman of Ned's Way Garden Homes gave a brief presentation. He said the project consisted of 12 duplexes and one single-family, detached home. He said the square footage of the nine (9) 2-bedroom and sixteen (16) 3-bedroom units ranged from between 1100 and 2100 square ,-. feet. Town Council Minutes #1174 October 20, /999 Page 3 1 " In response to a question from Councilmember Matthews, Burman said the units would range in price from $275 to $325 per square foot, and that 65-70% were ADA accessible units. More specifically, the below market rate (BMR) units included kitchen and bathroom!accessibility. 'oJ Councilmember Hennessy said she wanted to ensure that the same amenities, such as fireplaces, were contained in the BMR units as in the market rate units. Mayor Bach opened the public hearing. Jeff Johnson, resident of Belvedere and attorney for Reed Union School District, said his client endorsed the mitigation measures but would prefer that the work be done in the summer months while school was not in session. He said the 315 [Reed School] students would be adversely affected by the noise impacts and that since most of them came by car, they would also be adversely impacted by construction traffic. Johnson asked that the Council require some sort of agreement between the school district and the developer concerning these issues. Town Attorney Danforth noted that CEQA did not require third party agreements as mitigation measures and suggested that any agreement be solely between the developer and RUSD. Councilmember Hennessy queried whether an effort had been made to carpool during the -....i construction period. Johnson asked why the school district should make it easier for the developer. Mayor Bach said he did not appreciate this comment and suggested a more positive attitude would be beneficial. Jeri Johnson, RUSD Business Manager, said tile school district did indeed encourage carpooling, and sent out special notices concerning this and other timely events. Planning Director Anderson said there was a typographical error in the revised mitigation monitorying program. He said there was no outdoor standard for construction noise but that it could be lowered to 75, not 60 decibels, and that the developer had agreed to do so. Elizabeth Barrows, 509 Ned's Way, said that she, along with many others, assumed that "senior housing" would be affordable housing. She also suggested that there be more two-bedroom units in the project. Barrows also asked about parking for visitors to the project. Mr. Burman responded that there would be at least 10 spaces outside of the development, in addition to the 50 stalls in the subterranean parking garage. Planning Director Anderson said the Town could require up to 20 per the Planning Commission's condition of approval. Mayor Bach closed the public hearing. Councilmember Matthews responded to the "three-bedroom" question. He said the Town's .J Town Council Minutes #1174 October 20, 1999 Page 4 I r-- --~ commitment was to provide four units that would be sold at below market rates and that the other 21 units were left up to the developer to design. Councilmember Thompson noted there had been extensive meetings and public hearings to try to incorporate the various ideas into the development. Councilmember Hennessy said she was the owner of a BMR unit at Pt. Tiburon Marsh and that those units had been developed with inferior appliances and no fireplaces. She insisted that the BMR units at Ned's Way Garden Homes have comparable amenities to the market rate units, especially dishwashers, washers & dryers, fireplaces, and front doors. Councilmember Thompson asked about construction noise. Burman told him there would be no pile driving and a sound wall had been required. He said the equipment would consist ofD6 bulldozers and backhoes. Burman noted that sound traveled uphill and not downhill [towards the school). Mayor Bach said he thought children enjoyed watching construction projects. MOTION: Moved: Vote: r- MOTION: Moved: Vote: To adopt the Resolution CertifYing the Final EIR for Ned's Way Garden Homes Project (PD#44) and Making Findings of Fact for the Ned's Way Garden Homes Development Project - AP#58-151-35 Thompson, Seconded by Hennessy AYES: Unanimous ABSENT: Gram To adopt the Resolution Approving the Ned's Way Garden Homes Precise Development Plan (PD#44) and adopting a Mitigation Monitoring Plan - AP#58-151-35 Hennessy, Seconded by Matthews AYES: Unanimous ABSENT: Gram Town Attorney Danforth noted that the measures requested by the Reed Union School District would be contained in a separate agreement between the school district and the developer, and would not be a part of the resolutions adopted by Council. 10) MAIN STREET RECONSTRUCTION ACCESSffiILITY PROJECT - (1-55 Main Street) - Adoption of Negative Declaration and Approval of a proposal to raise and widen existing sidewalks, raise the street pavement level, create additional pedestrian crosswalks, narrow an existing travel lane, and reduce on-street parking spaces on Lower Main Street - (Resolution) Planning Director Anderson said the project had been four years in the making and consisted of improvements to a one-block area on lower Main Street. He said the initial study identified issues of traffic, circulation, and historic resources (removal of some building siding which would need r- careful replacement), all of which would be mitigated. Town Council Minutes #1174 October 20, 1999 Page 5 , Anderson said the independent traffic analysis concluded that the project would improve overall safety on the street as well as accessibility for disabled persons. '....J Mayor Bach asked why the plans called for a curb on the new street, and said he would prefer it without a curb for aesthetic reasons and also for flexibility if the street were ever made into a one- way thoroughfare. Deputy Town Engineer Huginin said the [ad hoc] Main Street Subcommittee recommended the curb design. Planning Director Anderson said a flat interface would not meet ADA guidelines. Town Attorney Danforth elaborated further on the difference in materials used on the areas close to the BART tracks to distinguish the surfaces. Superintendent of Public Works Iacopi said there were pipes that needed replacement under the street which should be taken into consideration before the project was underway. Mayor Bach opened the public hearing. Robert Trieber, representing some Main Street merchants, expressed concern about the length of the [lO-week] project and the loss of some parking spaces after the completion of the project. He also asked that the hours designated for commercial delivery be changed from 7:00 - 11 :00 a.m, to 7:00 - 10:00 a.m. to accommodate the opening of his business at 9:30 a.m. Mayor Bach said he did not anticipate unforeseen delays on the project, and noted that the Town ....J had and would continue to work closely with the downtown merchants as best it could. Town Attorney Danforth noted that the contract contemplated 50 working days, which would not include rain days. Town Manager Kleinert said the street would remain open for deliveries and refuse pick-up. Nat Marans, Spanish Trail, asked why the two handicap spaces were being eliminated on Main Street and noted that he now needed one. He also criticized the width of the street and said the new design would "make it nothing but worse." Planning Director Anderson said the Town's Building Official would designate the handicap spaces per State Law. Bill McLaughlin, 36 Old Landing road, said it would be fabulous to do without the curbs on the street, and cited examples of areas in downtown Monterey and Sacramento with similar [curbless] streets. Mr. Zandvakili (Jr.), asked whether the project assessment fees had already been levied and whether he could get in writing that there would be no future assessments. Town Council Minutes # 1174 October 20, 1999 Page 6 c..J r--- Town Attorney Danforth said no one would know the actual cost of the project until the bids were received, but that if the project cost less than the assessed fees, a refund would be made. Town Manager Kleinert said the district members could pay the assessment fee in a lump sum and there would be no future assessments. He said that information could be provided in writing. Councilmember Thompson said he also favored a flat [curbless] street. He asked whether the curbs could be changed later on. Planning Director Anderson said that pedestrian safety would have to be addressed, in that case, through the placement ofbollards or planters, or some other barrier. Councilmember Hennessy reiterated her support of a one-way solution and continued to maintain that a two-way street and sidewalks would be too narrow for both cars and pedestrians. Councilmember Thompson said he also supported the one-way plan but said he would vote to approve the project in order to move it forward. MOTION: To adopt resolution approving the Main Street Accessibility Reconstruction Project and adopting a Mitigated Negative Declaration for the Project. Matthews, Seconded by Thompson AYES: Bach, Matthews, Thompson NOES: Hennessy ABSENT: Gram Moved: Vote: ~ 11) ZELINKSY P ARKIRAILROAD MARSH FLOODPLAIN PROJECT - Located behind the BelvederelTiburon Library and Town Hall buildings (1501 & 1505 Tiburon Blvd.) - Ordinance establishing Processing Procedures - (2nd Reading and Adoption) Planning Director Anderson said Council had introduced the ordinance and passed first reading on October 6, 1999. Mayor Bach opened the public hearing. There was no public comment. MOTION: To read Ordinance establishing Processing Procedures for the Zelinsky Park/Railroad Marsh Floodplain Project by title only. Moved: Vote: Thompson, Seconded by Hennessy AYES: Unanimous ABSENT: Gram Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Establishing Planning Procedures for the Proposed Zelinksy ParklRailroad Marsh Floodplain project located on Town of Tiburon-owned Land behind the Tiburon Town Hall and Belvedere-Tiburon Public _ Library Buildings at 1501 & 1505 Tiburon Boulevard (portions of Assessor Parcel Nos. 58-171- Town Council Minutes #1174 October 20, 1999 Page 7 I 62 & 85). MOTION: Moved: Vote: To adopt above Ordinance. Thompson, Seconded by Matthews AYES: Bach, Hennessy, Matthews, Thompson NOES: None ABSENT: Gram \.J I. UNFINISHED BUSINESS 12) DOWNTOWN FERRY DOCK REALIGNMENT PROJECT - (Consider Status & Review Options) Town Manager Kleinert gave the Staff Report. He noted that the option to build a new ferry dock at the site of the current downtown ferry dock had first come before Council in 1995 in the form of a grant from the California Transportation Commission. At that time, Council approved, but then subsequently withdrew, its support of the funding. The disapproval was based in part on opposition by Pt. Tiburon homeowners to the larger size of the new dock. In 1997, a new Council voted to reinstate the grant application and authorized the Town Engineer to apply for an advance on funds to prepare drawings of a revised projectr which contained three alternative dock positions at the current location. Kleinert said the matter was now before Council for further direction and because the grant specified a deadline of May 2000 for completion of the project. Although Kleinert noted it would \.J be difficult to meet this deadline, he surmised that there might be an extension if the project was well under way by that time. However, Kleinert said an essential component was missing in that the owner of the current dock, Mr. Zelinsky, showed little or no interest in pursuing a reconstruction project nor of giving up ownership of the dock to the Town. Town Manager Kleinert said that Blue & Gold Fleet had also proposed a new floating dock which would solve the problems of ADA access and would not be as large as the original replacement dock. Pip Ellis, representing Blue & Gold, said her company wanted to work with the Town to improve ferry service. She invited Council to view the proposed dock which had been in use at Pier 41 for one year and which had gained approval from members of the disabled community. In response to questions from Town Manager Kleinert, Peter Belden of Angel Island Ferry and Michele Kelly of Guaymas Restaurant, said they would not oppose the Blue & Gold design. Finally, Town Manager Kleinert said Mayor Bach had submitted a drawing for an improved pedestrian traffic circulation pattern in the dock area and possibly, another alternative for dock placement. Town Council Minutes # 1 174 October 20, 1999 Page 8 .J 1 I'*"' Kleinert suggested that the matter be continued to November 17, 1999 for further study of the above options. Council concurred. Councilmember Hennessy asked the Town Manager to convey her sentiments to Mr. Zelinsky that she thought it would be in the best interest of the Town in the long run to have ownership and/or operation of the dock facilities. J. NEW BUSINESS 13) FIRST QUARTER BUDGET REPORT - FY ENDING 6/30/200 Item moved to Consent Calendar. K. COMMUNICATIONS 14) SPECIAL EVENT PERMITS - (Saturday, October 24, 1999) A. Pet Paws Parade - (Lower Main Street) B. "Kosovo Sleep Safe Project" - (Walk along Multi-use Path) Items noted. L. ADJO~NT There being no further business before the Town Council of the Town of Tiburon, Mayor Bach adjourned the meeting at 9:50 p.m., sine die. I'*"' A7~ . DIANE CRANE IACOPI, ~ CLERK --- Town Council Minutes #1174 October 20, 1999 Page 9