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HomeMy WebLinkAboutTC Minutes 2012-08-01TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, August 1, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Police Captain Hutton, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. PUBLIC HEARINGS 1. Amendments to Town Code pertaining to Mobile Vending Vehicles - Consider amendments to Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code prohibiting the parking or standing of mobile vendors on certain street segments during certain hours (Chief of Police Cronin) - Introduction and first reading of ordinance Chief of Police Cronin said that in June of this year, the Town had received a letter from Reed Union School District Superintendent Herzog requesting that the Town take action to prohibit ice cream trucks from selling their products near schools. He said that St. Hilary School representatives had informed the Town that they would support a similar prohibition on the streets surrounding St. Hilary School, as well. Chief Cronin said that Reed School officials believe the trucks pose a hazard for congregating children, particular because the truck comes at dismissal time when there is a great deal of pedestrian and vehicular traffic in the area. He said he concurred with their assessment. Cronin also said that school officials voiced concerns about the poor nutritional value of the products offered. (The Chief noted that he was personally a big fan of ice cream, however.) Chief Cronin Town Council Minutes #15-2012 August 1, 2012 Page 1 said that staff has prepared a draft ordinance for the Council's consideration that responds to the School District's request. He said it would prohibit ice cream trucks and other mobile food vendors from parking in the immediate vicinity of schools. The Chief said that while the current Town Code (Section 23-6) regulates all mobile food vendors, including ice cream trucks, the existing ordinance prohibits such vendors from parking for more than ten minutes, but does not limit their right to make sales near schools. Cronin said that should the Council move to adopt the recommendations and amend the Town Code, the police department will contact and advise vendors before undertaking any enforcement action. Subsequent violations could result in an administrative citation and a fine approximating $150.00 for each violation. Councilmember Collins asked about the $150 fine. Chief Cronin said this was a standard find for unspecified offences under the Town's administrative citation procedure. Collins asked if the fine might be raised for subsequent violations. The Chief said that he thought that it could be. Councilmember Fredericks asked if Town staff had received an email from a resident asking whether a certain street, Corte Palos Verdes, had been included in the draft ordinance. Director of Community Development Anderson said that staff had received the communication and noted that the street was listed in the ordinance. Vice Mayor O'Donnell asked the Town Attorney whether the proposed ordinance would survive any legal challenges. Town Attorney Danforth said that she believed that it would. Mayor Fraser opened the public hearing. Dr. Steve Herzog spoke. He said that the issue had been raised in conjunction with the area particularly around the Del Mar School. He said that at the June 19 Board of Trustees meeting, parents shared their concerns and submitted petitions asking for the ban. HE said that school officials on site had voiced similar concerns about safety and nutrition. He said the Board of Trustees voted unanimously at that meeting to ask for the Town Council's support. Trustee Dana Linker Steele also spoke on behalf of parents and the RUSD Board. She said that parents had sought these changes for some time. Mayor Fraser closed the public hearing. Vice Mayor O'Donnell said that he would be happy to support the trustees in this matter. Councilmember Collins also said it was a good idea but suggested bumping the second violation to $500. He also suggested clarifying language on pages 1 and 3 of the draft ordinance to define mobile vendor and add the words, "or any other means of transport" in several paragraphs. Town Council Minutes #15-2012 August 1, 2012 Page 2 MOTION: To read the ordinance by title only. Moved: Collins, seconded by O'Donnell Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon amending provisions of Title VI, Chapter 23 of the Tiburon Municipal Code (Motor Vehicles and Traffic)." MOTION: To pass first reading of the ordinance, waive second reading, and adopt on Consent Calendar at the next regular meeting. Moved: Fredericks, seconded by Collins Vote: AYES: Collins, Doyle, Fredericks, Fraser, O'Donnell NOES: None 2. 1501 & 1505 Tiburon Boulevard: Belvedere-Tiburon Public Library Expansion Project - (Director of Community Development Anderson; Planning Manager Watrous) - continued from July 25, 2012 Review and Consider for Approval the Site Plan and Architectural Drawings for the Belvedere-Tiburon Public Library Expansion Project, a proposal to construct 16,000 square feet of additions; File #S2012-07; Belvedere-Tiburon Library Agency and Town of Tiburon, Owners/Applicants; Assessor's Parcel Nos. 058-171-92, 93, & 94 and a portion of 058-171-62; A) Consider adoption of resolution approving the site plan and architectural drawings for the project subject to the conditions set forth therein; Consider authorizing the Town Manager to negotiate and execute an amendment extending the 2007 Agreement to Convey Real Property between the Town of Tiburon and the Belvedere-Tiburon Library Agency involving approximately 16,000 square feet of land located behind the existing Library building; Assessor Parcel No. 058-171-62 (portion) B) Authorize Town Manager to negotiate and execute an amendment to the Agreement to Convey Real Property to extend the fundraising deadline and add an exculpatory clause. Director of Community Development Anderson gave the report. He said the Council had voted four to one (1) to endorse the Library's expansion plans at the July 25 meeting subject to certain design adjustments, but did not give final approval of the design application at that meeting. He said the Council had closed the public comment portion of the hearing and continued the item to the meeting of August 1, 2012, after providing direction to the Library Agency and Town staff. Town Council Minutes #15-2012 August 1, 2012 Page 3 Anderson summarized the Council's direction as follows: 1. The Founder's Room portion of the proposed expansion should be moved back slightly from Tiburon Boulevard. The square footage need not be reduced if widening or other reworking is possible. 2. The Tiburon Boulevard entry to the Library should be modified to reduce a cluttered appearance from the Town Plaza and to enhance its prominence and visibility as a major entrance to the building. 3. In an attempt to widen the view corridor in order to increase views of the backdrop as seen from Landmarks Photo Display Station #6, the Library shall explore options for reduction or movement of the Teen Area portion of the addition. The extent of potentially increased preservation of scenic views from Station #6 shall be ascertained, and the corresponding effects on program space shall be described. Director Anderson said that Town staff had concluded that the first two items above could be effectively addressed as additional conditions of approval for the application, and suggests that condition #3 of the draft Resolution be modified to read as follows (changes highlighted): 3. The Project shall be in substantial conformance with the Site Plan, Floor Plans, Roof Plan, Exterior Elevations, Landscape Plans and Detail Drawings, and Color Palette (15 sheets, dated July 5, 2012), modified as follows: a. The Founder's Room portion of the proposedI expansion shall be moved back from Tiburon Boulevard approximately two feet, attempting to do so without reducing the square footage of the room. b. The Tiburon Boulevard entry to the project shall be modified to reduce a cluttered appearance arising from numerous other nearby doorways and to enhance its prominence and visibility as a major public entrance to the building. These two modifications shall be approved on a ministerial basis by the Director of Community Development. The above-referenced drawings, as modified herein. whieh constitute the approved site plan and architectural drawings for the Project. Said drawings mare on file and available for public review at Tiburon Town Hall during regular business hours. Any future substantial modification to the approved drawings pis, as determined in the reasonable discretion of the Director of Community Development, shall must receive Town Council Minutes #15-2012 August 1, 2012 Page 4 Town Council approval. Anderson said that a draft resolution incorporating this revised condition was attached to the staff report. In addition the Director said that staff had also added a CEQA recital to the resolution, a copy of which had been provided to the Council and the public. Director Anderson went on to say that the third item in Council's direction, involving potential stepping back or modification to the Teen Area portion of the Library expansion, in order to widen the view corridor between the buildings and increase views to the backdrop, required additional Town Council consideration to assess the potential effectiveness and impact of the modifications to be proposed by the Library Agency, and the Town Council's approval. He said that following a presentation by the Library Agency, the Town Council should: 1. Consider whether modifications to the Teen Area portion of the addition should be required. 2. Consider adoption of the draft resolution approving the site plan and architectural drawings for the project subject to the conditions set forth therein, making any amendments to the resolution as deemed appropriate to address the view corridor expansion issue. Mayor Fraser asked if there were questions of staff. Councilmember Collins asked if the public hearing would be reopened at the time that the new information was presented by the applicant to the Council. Town Attorney Danforth said that there was no need to reopen the hearing. Collins said that his opinion differed from the Town Attorney, and that fairness, open public meeting policy and due process required that the public be given an opportunity to comment on changes to the project's design. Danforth clarified that it was, of course, the Council's prerogative if it wished to reopen the hearing; however, she noted that since it's the same project under review, the Council was not obliged to do so. Mayor Fraser noted the amount of public feedback received by the Council after the majority opinion to approve the plans in concept last week. He said that what he heard was the divisiveness caused by the degree and scope of the project, and that if the Council was going to receive a presentation about this degree and scope, in the interest of transparency, this new information should also warrant public comment. He said that he would make a motion to reopen the hearing. Town Council Minutes #15-2012 August 1, 2012 Page 5 Councilmember Fredericks said she heard the idea of a task force raised at the last meeting; she said that rather than putting the Library in an unfavorable position, she suggested simply including this in the Council's discussion tonight. Councilmember Collins asked her to clarify what she meant. Fredericks said she did not recommend reopening the hearing since there were no new issues to discuss. Collins said the Council would not know whether there were any new or other issues, until it had received tonight's presentation. He said it was impossible to determine this until the Council had seen what the Library proposed. Councilmember Fredericks said this process could lead to a "game of dodge-ball" for the applicant. Vice Mayor O'Donnell suggested talking through the issue. He asked the Town Attorney whether, if the Council chose to reopen the hearing after hearing the information presented, it someone "taint" the process. Town Attorney Danforth said that there would have to be a very significant change [in the design] to require the reopening of the hearing. She said the danger of "tainting" the process actually went in the other direction, that is, a fairness argument might be made by those not present tonight that they had received no notice that the hearing would be reopened. The Vice Mayor noted that the Council had received a letter from an attorney and wanted to ensure that the Town was proceeding properly to avoid any claims. Town Attorney Danforth said that it might be easier for the Council' to decide the question once it had received the Library's presentation. The Vice Mayor said this would be a good compromise. Councilmember Collins said that he also wanted to reserve the right to ask that the matter be opened for reconsideration. He said that he was aware that he would not be able to make such a motion but he asked that someone else on the Council make the motion. Town Attorney Danforth asked for clarification; she noted that no action had yet been taken on the agenda item. The Mayor asked why the vote taken by the Council last week could not be considered an action taken. Town Attorney Danforth said that although a majority of the Council has indicated their intention to approve the project, the Council had not formally approved the project. Accordingly, she said, the Council still had the latitude tonight to take whatever action it deemed appropriate. Vice Mayor O'Donnell suggested hearing the applicant's presentation, review the changes, and taking a preliminary vote regarding whether or not to reopen the public hearing, to start. He said the Council could then come back, deliberate and take a vote on the project application, as amended. Town Council Minutes #I5-2012 August 1, 2012 Page 6 Councilmember Collins said if the public hearing was to be reopened, then to make it fair to those who were not present tonight, the matter should be continued to a subsequent meeting. Town Attorney Danforth noted that the next available meeting would be in September. Collins went on to say that there had been a vote taken [on July 25] to conditionally approve the application. Town Attorney Danforth said that the Council did not adopt the resolution needed to approve the project at that meeting, so all options were still open to the Council. Collins said he would move to reconsider. Mayor Fraser noted that the Council was acting as the Design Review Board and said that the final decisions about the application, including any revisions to the resolution, should be made by the Council rather than have them made ministerially [by staff]. Mayor Fraser asked for a presentation by the applicant. Architect Andy Sohn gave a power point presentation. He said the Library had done what the Council had asked it to do: 1) move the Founder's Room back from Tiburon Boulevard, and although it had not specified how far, the concept of two feet was proposed; 2) improve the entry to make it less confusing and more prominent, and 3) improve the view as seen from Landmark plaque No. 6 (he said this had been accomplished by pulling back the southeast corner of the second floor roofline). With regard to the first direction from Council, Mr. Sohn said that the Library Agency proposed pulling the Founder's Room back by two feet, six inches (30 inches). He said this would result in a net loss of 150 square feet, 100 square feet from the Founder's Room and 50 square feet from the adjacent Conference Room. He aid this setback would give a greater sense of space to Tiburon Boulevard. With regard to the entryway, Mr. Sohn presented two alternatives for Council's consideration. In the first alternative, Sohn said the three trellises had been removed, the balustrade had been removed, and the teen area had been moved three feet to the west. Sohn said the second alternative took a larger chunk out of the teen room and would move the bookstore back three feet. This alternative also removed the balustrade and improved the trellis design; he said that it would move the teen room away from Town Hall by six feet and would result is 100 square foot loss of the study area. Sohn said that the first alternate resulted in a programming loss of 125 square feet, while alternative two would result in a loss of 215 square feet. The latter, combined with the square footage loss to the Founder's Room, totaled 365 square foot reduction to the plans. The architect showed slides of the two alternatives from the perspective of looking down on the project to illustrate visually their effect. He then showed slides of the impacts of Alternative 1 and 2 on the story pole configuration from the perspective of Landmarks station No. 6, followed Town Council Minutes #15-2012 August 1, 2012 Page 7 by the rendered views to Town Plaza. In summary, Mr. Sohn said that the Library Agency had earnestly responded to the Council's direction; he said the entryway had been made more hierarchical and that alternatives had been provided to address the view corridor expansion. He asked that the Council accept the presentation and noted that the Library would prefer Alternative 1 as it would result in less impact to the Teen Library. Library Agency Chair Spiesberger echoed these remarks and said that the Agency had done the best it could to demonstrate the impacts and show the changes to the exterior design. She agreed that Alternative 1 was preferred also because it was more symmetrical to the design with Town Hall. She said it provided a balanced and aesthetic solution. Councilmember Doyle asked what the height of the Library entryway was above grade. Architect Sohn said that it was the same as existing, or 30 inches. Councilmember Doyle asked if the balustrade was once a balcony. The architect said that it had been a terrace at one time but this was not a preferable design feature off the teen room. Councilmember Doyle also asked if the windows over the entryway were the same as the windows over the teen room. The architect said they were, and that they were divided windows, similar to the windows on the Town Hall Building, not large sheets of glass. Doyle asked the architect for his candid opinion about the proposed changes. Mr. Sohn said he thought the changes made the design better; that Alternative 1 was better than the design presented last week, and simplified the entry. Councilmember Collins asked for the height of the steps, in the entry area. The architect said they were actually step seats, one foot in height, and he pointed out the actual walking steps in the drawing. Collins asked about the 40-foot roof height. He asked whether the roof height could be 20 feet, instead of 40 feet. The architect said that the ceilings in the plans were 10-foot ceilings, but that a 20-foot roof would not work in this Library. Mr. Sohn said that they had studied a one-story expansion at one time. He said there was a lower piece [structure] in the original EIR, but that it looked like a "tacked on" one-story addition. Councilmember Collins said that a one story addition would decrease the mass of the structure. The architect said, technically, it would but it would be hard to speculate at this juncture. Vice Mayor O'Donnell said that he liked the way the re-design accentuated the front door [entryway]. He asked whether a side door had been considered for the care. Mr. Sohn said that it had been considered but that the preference was to keep the picture window as a way to showcase Town Council Minutes #15-2012 August 1, 2012 Page 8 books (inside the bookstore). Councilmember Doyle asked about whether the front entry area would be attractive to skateboarders. Mr. Sohn said that it was a well-organized public space; he said the ramp was an ADA requirement. Sohn also said the ramp was not a 1-in-12 (ADA) ramp, but rather, more gently sloped. Mayor Fraser applauded the architectural team effort; he said the presentation was easy to understand. He asked about the large windows in the front of the Library and whether they might be an issue of reflection or glare, especially toward Cove Road, and whether this could be mitigated. Architect Sohn said this was a valid question, and that there were ways to mitigate it with controlled shades. He said there would not be reflection in daylight and that the windows were south-facing, like the ones in Town Hall. However, Sohn said there might be a night-time issue of light. Councilmember Fredericks asked if there could be a condition of approval to require automatic shades to be lowered at dusk. Director Anderson said that similar conditions have been imposed by the Town in the past and that such a condition could be included in the resolution. Councilmember Doyle asked why the trees [along Tiburon Boulevard] should remain if they blocked the view. He asked whether they might be relocated to in front of the windows described above. Mayor Fraser said that to be fair to the concern expressed about view loss, the existing view would still be there if a building was not erected in that location. Councilmember Doyle said that it would not cost much to relocate the [Landmarks] plaque and keep that particular view intact. Mayor Fraser moved to reopen the public hearing. Councilmember Collins seconded the motion. In considering this motion, Vice Mayor O'Donnell said that the emails he had received since the July 25 hearing pertained to issues other than the Design Review changes presented tonight. He said that if the Library had presented something "radical" he would think differently, however, he said there was nothing new being presented to the Council this evening; also, there was no notice of a new public hearing. Councilmember Fredericks agreed. Councilmember Doyle he would consider voting to reopen the hearing if the comments pertained to what had been presented by the Library; if not, he would not support it. Mayor Fraser said his intention in making the motion was not to "regurgitate" old issues; rather, Town Council Minutes #15-2012 August 1, 2012 Page 9 it was to promote transparency and allow the public, and the Council, to comment, on what had been presented tonight. Vice Mayor O'Donnell said that all the letters received over the past week had already been submitted into the record. Mayor Fraser said the public would want to talk about the Library's presentation just received tonight. Vice Mayor O'Donnell asked the Director of Community Development about meeting protocol of Design Review Board meetings. He asked specifically what happened when an applicant was asked by the Board to bring back a modification for consideration by the Board, whether the Board reopened the public hearing. Director Anderson said that the Board had the option to reopen the public hearing if it chose to do so. Councilmember Collins said that's what the Board did when he was Chairman. Councilmember Fredericks said that the public hearing, if reopened, should be limited to the issues of the redesigned entryway and the issue of loss of square footage versus gain in view. Councilmember Collins asked how the public's discussion could be limited to what members of the public say about the view. Fredericks said that going over the same issue again by an enormous number of people was not persuasive. Vice Mayor O'Donnell said he would support reopening the public hearing. The rest of the Council concurred and the motion passed unanimously. Mayor Fraser reopened the public hearing. The architect put the slide entitled "Summary" up for public view. The following people spoke: 1. Dellie Woodring said that where there were stairs or a slope in the entryway, a handrail was needed; said the (3) changes proposed by the Library represented an overall reduction of 1.5% (225 square feet out of 16,000 square feet) and did not constitute a revision to the plans. 2. Joan Bergsund said the architect described a loss of between 125 and 215 square feet to the project but also said the addition was still 16,000 square feet; she wondered where the square footage was added back; said the view corridor was not improved at all and the proposal was an exercise in futility. 3. Margaret Jones said the proposed change to the front door area was a significant improvement. 4. Joyce Tayer asked how fewer people would fit into the Founder's Room if it was moved back; said it had a capacity of 43 now with an intended increase to 100; said this was a necessary feature of the plans. Town Council Minutes #15-2012 August 1, 2012 Page 10 5. Carol Forell said that half of the community did not like the loss of view and said if the changes intended to address that issue, she did not understand how it did that; said she thought the Council was no where near reaching consensus on the issue and had even heard that the Library might bring back a parcel tax in future. 6. Dana Linker Steele addressed the view issue from her perspective; said that as a parent and long-time resident nothing would make her happier than a "view" of being able to look into a library filled with children of all ages. Mayor Fraser closed the public hearing for a second time and thanked the Council for reopening it. He asked the applicant if they had any additional comments. Attorney Riley Hurd responded to one of the comments. He said that 10 seats of capacity would be lost in the new Founder's Room. Hurd addressed the comment of view corridor versus loss of square footage. He said the Library was not asked to reduce square footage; he said they had taken out linear feet, and that the only thing more revealed in Alternative 1 and 2 was skyline. He said that Alternative 1 was the better design choice; that Alternative 2 created a "smashed-looking" building. He also stated that Alternative 1 has a better cost benefit than Alternative 2. Mayor Fraser asked if the Council had any questions for the applicant. Vice Mayor O'Donnell asked about the comment regarding the need for a handrail. The architect said that a rail was not required [on a ramp] with a 1 in 20 pitch. He pointed out, however, that there was a handrail on the entry area stairs. Councilmember Collins asked if a rail would make the [ramp] safer. 'The architect said that it probably would. Councilmember Doyle asked if the new ramp would have the same angle [slope] as the current ramp. He was told the ramp in the proposed plans had a lesser slope than the existing ramp. Ms. Spiesberger pointed out that the current Library ramp did not have a rail. Someone in the audience said that the rail was next to the trellis. Councilmember Fredericks asked about the design impact of adding a rail. Vice Mayor O'Donnell said that there was also a ramp in the rear, as well. Councilmember Collins said that in a shopping center he owned, rails were required on ramps. The architect said that those instances were usually due to the requirements of retrofits, while the new design (and landscape architecture) had been engineered not to necessitate rails. Finally, the architect said that the square footage reductions described above would reduce the overall square footage of the project. Town Council Minutes #15-2012 August 1, 2012 Page 11 The Council began its deliberations. Vice Mayor O'Donnell thanked everyone for participating in a long, open, public process. He said the expansion had generated a lot of interest and passionate involvement by the community. He said he liked the changes presented in Alternative 1 and would support that proposal. He said the [current] placement of the Landmarks plaque was arbitrary and it could be relocated. He also said that moving back the Founder's Room created a more gracious space between the building and the street. He said the loss of 10 seats (in the Founder's Room) was regrettable but that the plans should be approved, as amended. Councilmember Doyle agreed. He said that after serving on the Design Review Board, he had come to realize that numbers did not tell the whole story. He said the Library had done what the Council had asked it to do. But he said that the removal of bushes and trees in the 100 feet in front of the building could open the view. He agreed that the view (beloved by many) was beautiful but was not the only view; he said he would oppose the design if it were. Doyle said that Alternate 1 was preferred, that it made a cleaner, better entryway, and that nothing was gained in Alternative 2. He said that the Library had done a needs assessment, and that the design held validity in the eyes of the architect. He also agreed that moving the building farther back from Tiburon Boulevard was good. Councilmember Fredericks said she, too, approved of the improvements made to the entryway and Alternative 1. She said the distance between the two buildings (Town Hall and the Library) was almost as wide as Tiburon Boulevard (56 feet) at the widest point. She said she knew the view would not be the same [as before] but what was gained was the fulfillment of the needs for a larger library utilized by the community, and a cultural center, something the community had said it wanted. Councilmember Collins said that he endorsed the library but the problem was that he did not endorse this design. He said that whether or not it was an "open" process, there was a perception that for some, it had not been an open process. He also said, for example, that the issues of view loss raised by the Cove Road neighbors had not been addressed in the staff report. Collins said that when it came to view loss, it was the principle of permitting view loss as well as the loss of view itself. He recommended discussing view loss with any open space advocate to understand the point of view of the principle of view loss. Collins said that the design could be different, that many did not like it, and that he would like it to be a team project, a Belvedere-Tiburon project, rather than a "Library Agency project". He said this troubled him. Town Council Minutes #15-2012 August 1, 2012 Page 12 Councilmember Collins said that he thought the entry changes were acceptable, but that he would prefer to see handrails installed, and that he would prefer a one-story project. Mayor Fraser expressed his appreciation and thanked the Council for supporting his motion to reopen the hearing. He applauded the Library Agency on making its revisions, and in such a short turnaround time. He also thanked Project Manager Glenn Isaacson for taking the time to review the revisions with him on site, along with architect Hank Bruce. The Mayor said that it was not his favorite design, due to its bulk and mass, however he said that it would result in a good outcome for kids, teens and seniors in the future. He said that "many of us don't like change but history will prove us right." He said he would support Alternative 1 and a slightly reworked resolution. Councilmember Collins said that while he did not agree with the Library Agency proposal, he, too, appreciated the hard work that went into it. The Council asked staff what the next step was. Community Development Anderson said that the resolution could be revised to incorporate the Alternative 1 revisions and recommended specific language to be added to Condition No. 3, A, B and C ("as shown on the Alternative 1 drawings presented to the Town Council on August 1, 2012 and dated `Revised August 1, 2012. Staff noted that some other conditions had been raised by the Council, such as the drop-down shades and possibility of relocating two trees in front. Mayor Fraser said there was also the issue of a parking plan and recommended that the Library bring it forward to the Council prior to the issuance of a building permit. He said that plan should not just include existing parking in public lots. He said there was adequate time to review these conditions prior to a permit being issued. Councilmember Collins said he would like to see a copy of the mitigation plan in the resolution, as well, so that people did not have to search [other] records to find it. Councilmember Fredericks said that the [parking] plan had already been certified as adequate. Mayor Fraser noted that it did not spell out the parking plan exactly and it was worthy of review. Vice Mayor O'Donnell asked whether the issue could be addressed as part of the downtown traffic study. Mayor Fraser said he thought these were two separate issues. Councilmember Collins went on to say that parking should not be a cost to the taxpayers, and that there was a requirement to have one parking space per 1,000 square feet [of building space]. Director Anderson said it would be possible to insert the three conditions regarding parking from the November 2011 approval, as well as the mitigation measures regarding parking, into the Town Council Minutes #15-2012 August 1, 2012 Page 13 resolution as a separate exhibit. Councilmember Fredericks asked what methods existed for addressing the addition of parking. Councilmember Collins said that one way to provide additional parking was to provide permit parking along Mar West Street, but that the question was, who would bear the cost. Anderson said that several options were laid out to address the parking mitigation. He said those options include turning all-day parking on Mar West Street into two-hour parking. Mayor Fraser asked about the Library funding issue and whether it should be included in the resolution. Town Manager Curran said that staff had discussed this and noted that Design Review approvals did not deal with finances or conveyances of land. Town Attorney Danforth agreed; she said that the Town had never considered an applicant's funding source be within the purview of design review, but the amended Land Conveyance agreement would address the issue. . Councilmember Collins asked about the construction of walkways and other infrastructure, and where these kinds of issues were addressed in the approval process. Director Anderson said that an Encroachment Permit would be required to build walkways and other structures [on Town property] and that the permit might include construction phasing and staging, as well. Collins said that a staking plan should be required even prior to issuance of a demolition permit. Town Attorney Danforth suggested it could be added to condition No. 25 of the resolution. Vice Mayor O'Donnell said that you don't have to wait for an encroachment permit for some of the issues raised above, and that including every single aspect might create practical problems for the Library and its contractors; he suggested leaving the condition [No. 25] as written. Mayor Fraser said that as long as there was something about construction staging included somewhere in the approvals, he would be satisfied. Vice Mayor O'Donnell also suggested adding Caltrans approvals to Condition No. 25. Town Attorney Danforth and Community Development Anderson said this would be better in Condition 19A. MOTION: To adopt the resolution approving the Library application as presented and revised, and amended by Council at the August 1, 2012 meeting. Moved: O'Donnell, seconded by Fredericks Town Council Minutes #15-2012 August 1, 2012 Page 14 Mayor Fraser called for a roll call vote: Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell NOES: Collins Councilmember Collins then asked that a motion for reconsideration be made by a member of the Council. He said that for all the reasons expressed in all the emails about the lack of an open process, the fundraising difficulties that would arise in a divided community, the suggestions of many to create a task force for further study of the project, etc. He said that "we'd all be winners"; that it would help heal the wounds of those who felt that the design process did not invite or include open public participation; and that it would help get the community back together if the project was reconsidered. Vice Mayor O'Donnell said that he could not support this motion and expressed the view that the community is overwhelmingly behind the project. He said that the young families supported the idea of getting a first rate library at zero cost; he said this demographic did not come to the Council meetings (because they were busy working and taking care of their families). He said he recognized the opposition and respected it but disagreed with some of the opinions expressed. Vice Mayor O'Donnell said that fundraising will be challenging but he said that the Library expansion had been talked about for a long time. He said it was included in the Town's General Plan and that now there was an opportunity to exercise it. The Vice Mayor said the General Plan also called for a community center; he said the Library is the de facto community center, an intellectual community center, and would be a wonderful, civic treasure. He said its approval would become less divisive over time and become something to celebrate. Councilmember Fredericks said she, too, supported the expansion as presented. She said in thinking about consensus, she came to realize that what people were calling consensus was actually a desire for unanimity. She said that she did her own study of the on-line petitions and paper petitions, and after weeding out duplicates, she found that there were 592 supporters versus 356 opponents. She said that the opponents deserved consideration, and she said she understood this opposition "in her gut," the attachment to the open space and other issues. However, Fredericks said that sometimes there is a compromise to be had; she asked that the Council not delay its decision due to a lack of unanimity. She said that is why the Council was elected-to make decisions. Fredericks said that the Council could continue to deliberate with no resolution; she said she felt that would be an abrogation of her responsibility as a member of the Council to do so. Councilmember Doyle said that contrary to what some people thought, he respected both sides and the people who had expressed opinions different than his own. He said that if it had not been for the support of one of these people, his son would not have had as much academic success to get to college. Town Council Minutes #15-2012 August 1, 2012 Page 15 Doyle said that now was the time to come together on the issues; that the Town had been given a "gift". He said the Council had put enough conditions on the project so that a positive outcome was guaranteed. He said the new library would be beautiful and would serve the Town for a long time. That being said, Doyle said the decision-making process was by far the hardest thing he had to do on the Council, to date. Mayor Fraser said that he had considered all of the opinions expressed carefully. He said that difference within a community was not a bad thing; that the open, democratic process is what our country is all about. He said the Council had provided the opportunity for open debate. He said he had personally responded to many of the emails he received and that he was proud of the way the Town Council had conducted itself in its deliberations on July 25 and tonight. The Mayor said that there was a time for continuing a discussion and a time for healing; he said it was now time for the latter. Fraser said that this represented a change of mind for him. He said that he really did not like the bulk and mass of the proposed project, but that even if the building was not perfect, what it would do for our community would be perfect. Fraser said that he had wanted to support Councilmember Collins, who he called his mentor, and that it pained him to not do so. However, he said he could not move for reconsideration at this juncture. Mayor Fraser asked for a staff report on the second part of the agenda item, the consideration of an agreement with the Library. Town Attorney Danforth gave the report. She said that the Town's 2007 agreement for conveyance of land required the Library to raise its funds for the expansion within six years or the agreement would terminate. She noted that this deadline would expire in 2013. Danforth said that staff recommended a five-year extension, to reflect the time frame of the Design Review approval. Danforth also said staff had added language at Council's direction that would direct that all fundraising requirements had to be met as a condition to the Town's obligation to convey to the Library.. She said this would require that satisfactory evidence be presented to the Town that the Library had cash on hand, a bank guarantee, or a combination of both, sufficient to complete the construction of the Library. Secondly, the Town Attorney said that at Councilmember Collin's suggestion, language had been added to require that the Library include an exculpatory clause in all project contracts with third parties, such that those contracts would all provide that the third party contractor had no recourse against the City [of Belvedere] or the Town of Tiburon, and that the contracts acknowledge that the Library Agency was the sole agency responsible for the obligations under the contract. Danforth said that staff recommended that the Council make a motion to authorize the Town Manager to negotiate and execute this agreement. Town Council Minutes #15-2012 August 1, 2012 Page 16 Councilmember Collins asked what exactly there was to negotiate. Town Attorney Danforth said that she could imagine very little, except minor tweaks. Town Manager Curran said this is the normal language used by the Town, however, she said it could be changed to read that the agreement would have to come back for Council review if any substantial changes to the agreement were contemplated. Councilmember Collins said that the Town owned the land and should set all the conditions. He said that he would vote in favor of the agreement, as amended and modified above, because the last Council had voted to convey the land and that he would support it because "a deal is a deal". MOTION: To authorize the Town Manager to negotiate and execute an amended agreement for conveyance of land to the Library Agency. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous 3. Amendments to Town Code pertaining to the Keeping of Chickens and Honey Bees and other text amendments - Consider text amendments to Title VI, Chapter 20 (Animals) and Title IV, Chapter 16 (Zoning) of the Tiburon. Municipal Code (Town Code) (Director of Community Development Anderson) - Introduction and first reading of ordinance - continued without hearing from July 18, 2012 A) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) by Making Various Text Amendments including but not limited to adding, deleting and modifying definitions, adding a section regarding reasonable accommodation [for the disabled], requiring site plan and architectural review approval for demolition of structures, making amendments to requirements for Temporary Use Permits, Tidelands Permits, vehicle gate setbacks, secondary dwelling unit s and termination of nonconforming uses, and modifying affordable housing overlay zone incentives consistent with the Tiburon General Plan; B) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) and Municipal Code Title VI, Chapter 20 (Animals) with respect to Chicken and Honey Bee-Keeping Regulations and Miscellaneous other Amendments A) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) by Making Various Text Amendments etc. Planning Manager Watrous said that the zoning ordinance was fully updated in 2010 and since that time staff had identified items that were not working well or discrepancies in the ordinance. The Planning Commission had reviewed these amendments and recommended approval to the Town Council Minutes #15-2012 August 1, 2012 Page 17 Town Council, according to Watrous. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To read the ordinance by title only. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) by making various text amendments." MOTION: To pass first reading of the ordinance, waive second reading, and adopt on Consent Calendar at the next regular meeting. Moved: Collins, seconded by Fredericks Vote: AYES: Collins, Doyle, Fredericks, Fraser, O'Donnell NOES: None B) An Ordinance of the Town Council of the Town of Tiburon Amending Municipal Code Title IV, Chapter 16 (Zoning) and Municipal Code Title VI, Chapter 20 (Animals) with respect to Chicken and Honey Bee-Keeping Regulations and Miscellaneous other Amendments Associate Planner Tyler gave the report. She said that in recent years, there has been a nationwide trend toward increased chicken-keeping and bee-keeping in urban and suburban areas. In Tiburon, she said this trend manifested itself in the form of recent conditional use permit applications for chicken-keeping at residential locations. Tyler said that currently, the Town of Tiburon requires a conditional use permit for keeping chickens and bees. Ms. Tyler said that following review of information collected by staff and three public meetings on the issue, the Planning Commission recommended adoption of text amendments to the Town's zoning and animal regulations that would replace the current conditional use permits requirement for chicken-keeping and bee-keeping with a ministerial application process governed by Town-adopted standards; a process similar she said was similar to that used for approval of secondary dwelling units in Tiburon. Tyler said that an approval of the recommended amendments would create a new section (16- 40.070) of the zoning ordinance, entitled "Chicken and Honeybee Keeping". The new section would establish a ministerial permit process for chicken-keeping and for bee-keeping uses, and would also authorize the adoption by Town Council resolution of performance standards for each type of use. She said the Planning Commission had voted 3-1 to recommend that the Town Town Council Minutes #15-2012 August 1, 2012 Page 18 Council adopt an ordinance establishing a ministerial permit process and performance standards for both chicken and bee-keeping. Tyler said that under the new ordinance, applicants would be required to submit a $250 flat fee for a chicken or honeybee keeping permit, an amount anticipated to recover the Town's cost of processing these ministerial applications in most instances. Ongoing enforcement and review of permit conformance is likely to result in relatively minor but unknown soft costs, primarily in the form of staff time. Associate Planner Tyler recommended that the Town Council hold a public hearing on the proposed text amendments to Chapter 16 (Zoning) and Chapter 20 (Animals) of the Municipal Code. She said in its deliberations the Council could consider the draft two ordinances provided by staff. one to establish a ministerial process for both chicken and honey bee-keeping, or for chicken-keeping only, and provide direction to staff. Mayor Fraser opened the item for questions from the Council. Vice Mayor O'Donnell said that he was concerned about honey bees and related a story of a friend whose yard was invaded by a hive from a neighboring yard. He also voiced concerned regarding the dangers to people who were allergic to bee stings. O'Donnell said that he thought bee-keeping should continue to require a conditional use permit (CUP) which would necessitate a public notice being mailed to property owners within 300 feet of an applicant's property. Tyler said that the Vice Mayor was correct in his assumption that a ministerial approval would not require a public notice. She also noted that the matter would automatically be heard by the Planning Commission if a CUP application was required, as currently exists. Vice Mayor O'Donnell asked what would happen if a neighbor objected to the approval of a conditional use permit for this use. Councilmember Fredericks asked what the guidelines would be for the Commission to make its decision. Planning Manager Watrous said that the Commission would use the guidelines currently in the Town's zoning ordinance concerning CUP approvals; he said there were no specific guidelines for bees, or chickens for that matter. Director of Community Development Anderson said there would be a number of reasons the Planning Commission might find the granting of a CUP appropriate. He said the proposed standards could act as "guideline" in review of a conditional use permit, but would not be "black and white" like the standards used for approval of secondary dwelling units. Councilmember Fredericks acknowledged that there were concerns about Africanized bees and that although swarms had not been thought to have moved into this area, they had moved into some coastal areas. She said these bees would sting in swarms and were thought to be a risk to children and seniors. What worried her about the approval process was that a "complainer" might have to provide substantial evidence to warrant a denial of a CUP. She said there was a concern Town Council Minutes #15-2012 August 1, 2012 Page 19 about protecting people who were allergic to bees and the risk of Africanized bees. She asked how this would be demonstrated in the process. Planning Manager Watrous said that while the Planning Commission had recommended an administrative [ministerial] approval process, it had also discussed a hybrid process of review. He said this had the downside of putting staff in the middle of the deliberations. He went on to say that the Planning Commission said that because bee-keeping was becoming more common in communities, it would follow the lead of other communities who were adopting this process. He said the minority opinion was that more protection and public input was needed in the process. Councilmember Fredericks asked about having the neighbors sign off on a permit. Mayor Fraser asked whether the Town regulated the number of cats, dogs, or small animals. Director Anderson said there was a definition of kennel in the Town Code, but that this would be an oblique way to regulate bee-keeping. Mayor Fraser said that staff had done good work developing the information, but that it seemed to him that the Council needed some additional information before it could decide the issue. Vice Mayor O'Donnell asked if bees might be restricted to certain zoning areas and whether the Planning Commission had discussed this. Planner Tyler said that the Commission had left the idea open. Tyler said that Town staff has continued to receive more and more requests for the keeping of chickens, but not so much for bees. She said that staff was not hearing a lot of negative feedback on the issue (of bee or chicken-keeping). Councilmember Collins asked about setting a limit on the number of hives. Planner Tyler said that staff really had no idea how many hives were kept in Tiburon. Vice Mayor O'Donnell said that it would be useful to have regulations in place. Town Manager Curran noted that the CUP permit process was required now. Councilmember Doyle asked about perhaps requiring certification of some sort for bee-keeping. Tyler said that there was a best management practices clause in the proposed standards, but nothing more. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. Councilmember Fredericks said she liked the idea of requiring certification for bee-keeping. She agreed with the Planning Commission recommendation for a ministerial approval process. She also recommended the idea of getting signatures from contiguous neighbors. Town Council Minutes #15-2012 August 1, 2012 Page 20 Mayor Fraser asked what would happen if a neighbor did not sign off on the permit application. Watrous said that it could be denied on that basis. Mayor Fraser asked for more information to be developed about bee-keeping certification, and standards used for approval. He noted that the Town had a CUP process in place. He asked staff to find out what other cities were doing. Planner Tyler said that most cities had no process in place; that Corte Madera had a minor review process. Vice Mayor O'Donnell said he favored Councilmember Frederick's suggestions. Planning Manager Watrous summarized the direction of Council: to consider limiting bee- keeping to certain residential zones in the standards; for applicants to provide documentation of training or knowledge of proper bee-keeping procedures, etc. Planner Tyler said that there were a number of organizations in the Bay Area and that the Marin Bee Keepers Association was a good resource. Director of Community Development Anderson said that these ideas could be incorporated in the standards that would be developed for the resolution, and that consideration of ordinance could proceed. Councilmember Fredericks said that she had received an email from a constituent that encouraged the keeping of chickens and said that single chickens would get lonely. Planner Tyler said that it had been verified that chickens do better when there is more than one. MOTION: To read the ordinance by title only. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title IV, Chapter 16 (Zoning) and Municipal Code Title VI, Chapter 20 (Animals) with respect to Chicken and Honey Bee-keeping regulations and miscellaneous other amendments." MOTION: To pass first reading of the ordinance, waive second reading, and adopt on Consent Calendar at the next regular meeting. Moved: Collins, seconded by Fredericks Vote: AYES: Collins, Doyle, Fredericks, Fraser, O'Donnell NOES: None CONSENT CALENDAR Town Council Minutes #15-2012 August 1, 2012 Page 21 1. Major Crimes Task Force JEPA - Approve amendments to Joint Exercise of Powers Agreement (JEPA) to reflect current practices and language changes required by new liability insurance carrier (Chief of Police Cronin) 2. Grand Jury Report on Shared Services - Approve response to the Grand Jury's Report regarding Shared Public Services (Town Attorney Danforth) MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as written. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - July 27, 2012 ADJOURNMENT There being no further business before the Town Council of adjourned the meeting at 10:15 p.m. t i JIM FRAS ATTEST: 1 DIANE CRANE IAMPI, TOWN CLERK e Town of Tiburon, Mayor Fraser YOR Town Council Minutes #15-2012 August 1, 2012 Page 22