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HomeMy WebLinkAboutTC Min 1998-09-02 "....... TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:42 p.m. on Wednesday, September 2, 1998, at Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Chief of Police HerJey, Town Engineer Barmand, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Matthews said that no action was taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS Mayor Matthews announced an opening on the Design Review Board because Boardmember DaI Gallo's was moving out of the area. ,.... D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) BUILDING ADVISORY COMMITTEE - New Tiburon Police Station - (Status Report, Chair Wilson) Project Manager Wilson said the project was two months underway but a month behind schedule.. He said that several utilities had been relocated--water meters and service, and a sewer line--but that this had not caused the delay. According to Wilson, the project should be close to 10-12% complete rather than the current 8%. However, he said the good news was that Assistant Project Manager John Kern was at the job site full-time. E. CONSENT CALENDAR 2) TOWN COUNCIL MINUTES - #1147, August 24, 1998 - (Adopt) 3) MONTHLY POLICE STATISTICS - July, 1998 - (Accept) 4) MONTHLY INVESTMENT SUMMARY - July, 1998 - (Accept) 5) MANAGEMENT INCENTIVE PROGRAM - (Adopt Management Incentive Program and Benefit Schedule - Resolution) 6) AMICUS BRIEF REQUESTS - a) Lim v. City of Long Beach, Ninth Circuit Court of Appeals No. 98-55915; b) Lindsey v. Tacoma-Pierce County, No. C97-5076RJB (W.B. Wash. 1997) (Appeal Pending, Ninth Circuit) - (Approve) ~'"', MOTION: Moved: Vote: To Remove Item No.5 for discussion at end of meeting. Hennessy, Seconded by Bach AYES: Unanimous .- Town Council Minutes # 1 148 September 2, 1998 Page I r'. MOTION: Moved: Vote: To approve Items 2,34 & 6 of Consent Calendar. Thompson, Seconded by Hennessy AYES: Unanimous F. NEW BUSINESS 7) STREET REPAIR PROGRAM - (Authorize Award of Contract for Street Maintenance Project No. 98-SM-Ol - Portions of Bel Aire, Belveron & Raccoon Lane) Town Engineer Barmand said Ghilotti Brother of San Rafael had won the bid in the amount of $417,000. However, he said the numbers were higher than anticipated ($504,000) due to the addition of two streets (Blackfield Drive and Pamela Court) by including them in the [combined] street overlay/drainage project. Barmand also asked Council if it wanted to consider awarding the Bid Alternate (adding some streets from next year's budget) for an approximate cost of$170,000. Councilmember Thompson favored advancing the money from the Town's gas tax fund for Fiscal Year 1999-2000 and said the Town would realize a 20 to 25% savings by moving up the timeline for the project and avoiding further damage to the streets. Council asked for more information regarding the budget for the Police Station off-site street improvements and other upcoming capital improvements. Town Manager Kleinert said he would develop some funding information for presentation at the next Council meeting. I'" MOTION: Moved: Vote: To award the base bid to Ghilotti Brothers and for Staff to keep the contract open for 30 days in order to develop more information regarding the Bid Alternate. Hennessy, Seconded by Thompson AYES: Unanimous 8) TmURON BL YD. MEDIAN LANDSCAPING PROJECT - (Authorize Funding Participation). Town Manager Kleinert said CAIJTRANS would do the work (amounting to approximately $250,000) which would consist of installing the landscaping and a new drip irrigation system from the Tiburon "Y" to Reed Ranch Road. Donations were being sought from private individuals and local agencies to cover the cost of the plants ($32,000). He said the citizen's group spearheading the project had agreed to use some of the donated funds to contract for future plant maintenance in addition to the CAIJTRANS biannual proposal. MOTION: /- Moved: Vote: To authorize a $5,000 contribution by the Town for the Tiburon Boulevard Median Landscaping Project. Thompson, Seconded by Hennessy AYES: Unanimous Town Council Minutes # J J 48 September 2. 1998 Page 2 r~ G. PUBLIC HEARING 9) APPEAL OF PLANNING COMMISSION DECISION DENYING APPLICATION TO AMEND NORTHWESTERN PACIFIC PRECISE PLAN - For Addition of Approximately 4,852 square feet of Office Space at Pt. Tiburon Plaza, 1701-1751 Tiburon Blvd., AP#59-161-97, Stan CooklPt. Tiburon Plaza, Inc., Applicant/Appellant - & Consider Adoption of Negative Declaration - (Resolution) Counci1member Thompson recused himself, stating he had advised the tenant in question during lease negotiations. Planning Director Anderson said the application consisted of an amendment to the Northwestern Pacific Precise Plan to add 4,852 square feet inside the existing walls, but that the Planning Commission had denied the application because there was no "exceptional justification" to change prior Town approvals of square footage maximums at Pt. Tiburon. In addition, Anderson said the Commission had also stated that any expansion should be reviewed in the context of the upcoming report and recommendations by the Downtown Revitalization Task Force. Anderson also said the Commission expressed concerns about parking, traffic and circulation in the Pt. Tiburon area.. He noted that 88 parking spaces were required for the retail portion of the Plaza, and that 116 had been developed, leaving 125 open for "commuter" parking during the r- week. Anderson said that the addition of 4,852 square feet would required 16 addition spaces which still left a large surplus of unused spaces during the week. Anderson said the current FAR limits in the Town's General Plan allowed for about 5,700 square feet of expansion in the Pt. Tiburon project. He stated that if the project were approved, the Town would still require a conditional use permit, site plan and architectural review, and a building permit. He said Staff endorsed a modified approval of the project for low-intensity office use in the future. Councilmember Gram questioned what "low intensity" meant, and Vice Mayor Bach wondered how it would be enforced. Anderson suggested a low ratio of employees per 1,000 square foot and said that reviews can be required. Mayor Matthews opened the public hearing. Planning Commissioner Steve Stein, 127 Red Hill Circle, spoke and cited Resolution No. 2818, adopted in 1991, as one ofthe roadblocks in the way of approval of the project. Stein quoted a portion ofthe Resolution which discouraged expansion in the Pt. Tiburon project, "particularly in residential areas...". However, he conceded that Council could rationalize expansion light of the Task Force's report, but said the Commission felt it would have been presumptuous not to wait for this report's findings. r ~ Stein also said the Commission heard nothing from the applicant which would have resolved the [Pt. Tiburon] Bayside Homeowner's Association's concerns regarding parking and traffic. Town Council Minutes # 1148 September 2. 1998 Page 3 r- Stein corrected the Planning Commission minutes of the meeting to change one of his statements made concerning some allegations by a resident speaking during public hearing. Even though the Commission voted 4-0 to deny the application, Stein said he felt it was a "close decision." Applicant! Appellant Stan Cook introduced his tenants, Bob & Bonnie Fraik of the Digital Foundry, who owned the business which was seeking to expand its square footage. Mr. Fraik, 4887 Paradise Drive, President of the Digital Foundry, described the business as a six- year old enterprise software company, started in San Francisco, which sold two products. He said of their 13 employees, nine lived in Marin, and that some rode their bikes or took the ferry to work. He noted that only four Digital Foundry employee cars were parked in the lot on the date of the hearing. Fraik said that their vision was to be an integral part of the community and to provide an excellent work environment. He said their company had contributed over $155,000 to downtown merchants last year alone, and noted that it was during the downtown merchants' "slow"period, i.e. Monday through Friday, that most of the patronage occurred. r-- Bonnie Fraik, Vice President of the Digital Foundry, said when she and her husband moved to Marin they did not even look for office space in Tiburon because they were told it was not a desirable (business] location. Mrs. Fraik said the business was "extremely low profile" and that many times their employees "telecommuted" rather than come into the office. Stan Cook, owner of Pt. Tiburon Plaza, showed photographs of [a nearly empty] parking lot. He said he had taken great pains to have a good relationship with the Pt. Tiburon Bayside and Lagoon Property Owners' Associations, and suggested that part of their complaints about errant parkers could be solved by installing a gate into their private parking area. Mr. Cook said Pt. Tiburon Plaza was originally designed for retail space but that most of the businesses had not succeeded, so he had shifted the focus to commercial office space when he had purchased the property. Frank Buscher, 1751 Centro West, former Fire Chief, spoke against the expansion and reminded Council that the community had fought for so long over approval ofthe Pt. Tiburon project. Wendy Soule, representing Lyford's Cove/Old Tiburon's Homeowners' Association, said the Precise Plan should be adhered to and that their Board was unanimously opposed to the project. /'"' Councilmember Gram asked Soule what the Board's concerns were. She described the overflow Town Council Minutes #1148 September 2, 1998 Page 4 r parking into the neighborhood's streets on weekends when the Pt. Tiburon lot was full. Vice Mayor Bach questioned how the expansion of the Digital Foundry would affect them. Larry Sylvester, tenant at Pt. Tiburon Plaza, resident of Belvedere, spoke in favor of the project. Mr. Sylvester stated that there were always parking spaces in the lot at Pt. Tiburon when he was there, and that 25% of the spaces allocated to.tenants were never used. He also said the [Digital Foundry] space appeared to have been built for two-story occupancy, and was not inconsistent with the flavor of the community. Sylvester said that more and more office space would be required by local people who wanted to work and live in the community in the future. Virginia Brunini, 32-year resident, also a tenant at Pt. Tiburon Plaza, said that she served on the Planning Commission when it had approved the plan for retail space at Pt. Tiburon which had turned out to be not as practical as office space. Mrs. Brunini said that the Digital Foundry were ''very quiet tenants" and that their expansion represented a "minuscule" addition. ;--.. Nat Marans, Spanish Trail, said he was misquoted in the Staff Report, and wanted an apology from the Town and the Applicant for "alluding" that he gave false information. Marans said the proposed 4,800 square foot addition represented a 21.45% increase in square footage at Pt. Tiburon, and that every change to the Precise Plan had been argued and resolved and he admonished Council not to "indiscriminately throw it down the drain." Marans said there was plenty of office space in Town and therefore there was no need to add a second story at Pt. Tiburon. Andrew Thompson, 18 Southridge East, said the Planning Commission review was too narrow in scope. He said that times had changed since the development of Pt. Tiburon Plaza, and from what he had learned serving on the Marin Economic Commission, the Downtown needed to create a balanced, stable, year-round economy, and not to rely solely on tourist trade. Thompson said that home offices and small businesses can save towns, and he predicted that the Downtown Task Force report would encourage the development of commercial businesses and bed & breakfast-type businesses in downtown Tiburon. Mayor Matthews closed the public hearing. _ In response to a question from Councilmember Gram, Planning Director Anderson said that the traffic mitigation fee charged for this size of new development in Tiburon would be approximately $70,000. Town Council Minutes # J 148 September 2. J 998 Page 5 r-- Mayor Matthews said the proposed expansion met the Town's zoning requirements and the issue boiled down to whether to allow additional commercial space at that location. Councilmember Gram said he appreciated the presentation by the tenant, Digital Foundry, but that it was not good planning to make a decision based on a specific tenant. However, he said it was the Council's job to look to the future and make these kinds of decisions. Gram said that parking was a significant impact in the area but that the Digital Foundry was not the cause of the problems on weekends and during the summer months at that location. He concurred with Andrew Thompson that the Downtown Task Force would recommend more commercial-type office space. Finally, Gram said in order to approve the project, he would recommend a limit of three employees per 1,000 square feet for the expansion on the second floor at Digital Foundry, and secondly, that the Bayside homeowners and the Cooks work out the parking control issues and recommended that Pt. Tiburon Plaza should pay the major portion of the costs. I' Councilmember Hennessy said she had attended hundreds of meetings where the tenant [retail business] mix was discussed for Pt. Tiburon and that the Plaza had sat empty for a couple of years until the Cooks bought it and started converting it to commercial office space. She credited them for revitalizing the Plaza and downtown. Hennessy said that the language from Resolution 2818 referred to in the denial by the Planning Commission had been aimed at limiting enclosures of porches in the Pt. Tiburon residential area. Hennessy said that expansion of the business which was mainly a telecommuting business would have very little impact to the Town, and that it was important for the Town to have revenue- producing businesses. Hennessy also suggested the conversion of some parking spaces to IS-minute parking limits for visitors to the real estate offices at Pt. Tiburon Plaza. Vice Mayor Bach said he had concerns initially about the expansion out of respect for the past history of controversy surrounding the adoption of the Northwest Railroad Precise Plan. However, he said that the Plaza was not built correctly for retail space and that one benefit of commercial office space was to bring more use of other downtown businesses by the employees and workers of that kind of space. Mayor Matthews said he was on the Planning Commission in the early 1970's, and that he too was bothered at first by changing the Precise Plan. However, he said the expansion at Pt. Tiburon was a project that no one would see, and that the impact to parking would be negligible. MOTION: To Grant the Appeal of the Planning Commission Decision Denying an Amendment to the Northwestern Pacific Precise Plan for the Addition of 4,852 Square Feet within the Second Story at 1701-1751 Pt. Tiburon Plaza; and to - Town Council Minutes # J J 48 September 2, J 998 Page 6 , / r"' require a Conditional Use Permit based upon three employees per thousand, and appropriate signage regarding parking; and to return with a Resolution showing the conditions as part of the Use Permit rather than an amendment to the Precise Development Plan; and Adoption of a Negative Declaration for said project. Moved: Vote: Gram, Seconded by Bach AYES: Unanimous ABSTAIN: Thompson [Recused] H. STAFF & TOWN MANAGER REPORTS 10) DOWNTOWN BUSINESS TASK FORCE REPORT - (Schedule September Jt. Hearing with Belvedere City Council). Council proposed a Thursday, September 24 hearing date. L COMMUNICATIONS 11) SPECIAL EVENT PERMIT - (Block Party on Vistazo West, September 5, 1998). Council noted the date and time. E. CONSENT CALENDAR 5) MANAGEMENT INCENTIVE PROGRAM - (Adopt Management Incentive Program and Benefit Schedule - Resolution) Town Manager Kleinert reviewed the proposed revisions with Council. ;----- MOTION: Moved: Vote: To Adopt Revised Management Incentive Program. Hennessy, Seconded by Thompson AYES: Unanimous J. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Matthews adjourned the meeting at 10:45 p.m., sine die. 6~~~s A~O DIANE L. CRANE, TOWN CLERK r Town Council Minutes #1148 September 2, 1998 Page 7