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HomeMy WebLinkAboutTC Min 1996-03-20 l L F:. , TOWN COUNCIL MINUTES CALL TO ORDER Mayor Nicky Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:30 p.m., Wednesday, March 20, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EX-OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf None Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Contract Planner Jensen, Town Clerk Crane (10: 15 p.m.) B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Wolf said the Council had taken action towards settlement of the lawsuit Sanborn v. Tiburon. ! C. PUBLIC OUESTIONS AND COMMENTS None. D. CONSENT CALENDAR 1) Minutes #1081, March 6, 1996 2) Tribute to Robin Sweeny (Resolution) MOTION: Moved: Vote: To adopt Consent Calendar Thompson, Seconded by Thayer AYES: Unanimous E. NEW BUSINESS 3) Olympic Torch Ceremony. Mayor Wolf introduced Robin Foster, Tiburon Volunteer, 65 Red Hill Circle, who spoke about the ceremony and possible participation by Tiburon. She said it was a one-time event (Saturday, May 4 between 6:00 and 10'00 a.m.) and an opportunity to commemorate the passage of the torch through Marin County. She encouraged as many people as possible to wear red, white & blue and stand along the route. Councilmember Hennessy suggested that the Joint Recreation Department work with the schools in having representation and publicizing the event. Mayor Wolf said she would talk to Town Council Minutes # 1 082 Morch20, 1996 F l L [,-. [Recreation Director] Barbara Creamer. She also asked that information regarding banners be forwarded to Town Manager Kleinert. Council agreed the Town might sponsor a banner for a cost of$75.00. H. PUBLIC HEARING 4) Tree Ordinance - Amendments to Chapter 15A, Second Reading. Mayor Wolf opened and closed the public hearing. MOTION: Moved: Vote: To read by title only Thayer, Seconded by Thompson AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 15A of the Tiburon Municipal Code (Trees)." MOTION: Moved: Vote: To adopt on Second Reading Hennessy, Seconded by Thompson AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf NOES: None ABSENT: None G. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 7:50 p.m., to reconvene with the Planning Commission for a Joint Meeting at 8:00 p.m. TOWN COUNCIL AND PLANNING COMMISSION JOINT MEETING A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: PRESENT: ABSENT: COUNCILMEMBERS: PLANNING COMMISSIONERS: Ginalski, Hennessy, Thayer, Thompson, Wolf None Greenberg, Heckmann, K1airmont, Schrier, Siewert None Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Contract Planner Jensen, Planning Secretary Matin (8:00 p.m.) PLANNING COMMISSIONERS: EX-OFFICIO: Town Council Minutes #1082 March 20, 1996 2 ~ ~ L B. PUBLIC OUESTIONS AND COMMENTS None. C. PUBLIC HEARING 1. PLANNING COMMISSION Town Manager Kleinert stated that the new Town Hall project before the Council tonight will have the Council and the Planning Commission considering General Plan amendments and re- zoning, the Mitigated Negative Declaration for the project, amendments to the Zelinsky Master and Precise Plans and adoption of certain special processing procedures. Kleinert said that the public hearing should be conducted by both the Planning Commission and the Town Council jointly, as well as separately. He said that after the public hearing is closed, the Planning Commission should consider adoption of the resolutions recommending to the Town Council certification of the Negative Declaration for the new Town Hall project and approving the General Plan and Zoning Ordinance amendments. The Town Council will then consider adopting resolutions which will certifY the Mitigated Negative Declaration and approve the Mitigation Monitoring and Reporting Program. Secondly, the Council will adopt a resolution approving the General Plan amendment. Lastly, the Council will pass first reading of those ordinances which re-zone the subject property, establish planning procedures for the Town Hall project and amend the Zelinsky Master Plan. Kleinert said that it is important to note that the decision to locate the New Town Hall at the Tiburon Boulevard and Mar West site was made by a vote of the people last June, thus this issue is not before either the Planning Commission or the Council at this time, He stated that what is before the Commission and Council is the implementation of this decision. Kleinert asked Jim Wilson, Chairman of the Building Advisory Committee, to provide the Commission and the Council with a status report and description of the project. Jim Wilson, Chairman of the Building Advisory Committee, stated that the Building Advisory Committee has been coordinating the design of the project. He said that they have working drawings now and will be going out to bid soon, He explained the proposed schedule for the project. He said that the Architect has been helping the Planning Director with the environmental review and the committee is aware of the mitigation measures that are proposed. He stated that the Mark Schatz, Project Architect, is available this evening to answer questions related to the environmental study. Councilmember Ginalski asked Mr. Wilson to explain the bidding process and asked ifit would be a public bid. Mr. Wilson said that the Town Attorney has been preparing the boilerplate of the document and it meets the requirements for a public bid. Town Council Minutes #1082 March 20, 1996 3 F L ~ Ginalski asked Mr. Wilson if the Design Review Board has already had a review of the working drawings. Mr. Wilson replied that the DRB has reviewed the schematic stage, but said that there have been no substantial changes between the schematic stage and the working drawings. Anderson introduced the consultants who are here tonight including Mark Schatz, Project Architect; Glen Roycroft, Miller Pacific Engineering; Carolyn Cole, Crane Transportation Group; and Paul Jensen, Contract Planner, who Anderson said was hired to assist him, and has done the bulk of the report writing and the Initial Study work. Anderson said that they are available this evening to answer any questions that may come up. Paul Jensen, Contract Planner, stated that the actions that are before the Commission and the Council this evening include a General Plan amendment of the subject property. The amendment proposes to change the lal1d use designation from a Neighborhood Commercial designation to a Public/Quasi-Public designation. Accompanying that is are-zoning of the property reflecting this. Under CEQA, this project is subject to environmental review, Staff has prepared an initial study. A review of the potential impacts has resulted in a recommendation for a Mitgated Negative Declaration. As a result of the public review process, a number of comments and letters were submitted to the Town. Several of them were included in the packet, while some of them were distributed this evening. A lengthy list of questions was submitted by Commissioner Greenberg. Given the level of detail and the questions raised, Staff responded to Greenberg's questions in a memorandum dated March 19, 1996. Ginalski asked Mr. Schatz to give the parameters of the size, height and width of the new Town Hall, which he did. Planning Commissioner Chair Siewert asked Mr. Schatz how much the building is being raised above the ground to allow for the flood plain and he responded 2 11, feet. Ginalski asked if this meant that 2 11, feet offill would be added and Mr. Schatz replied that no fill would be added. Mr. Schatz explained that the building will have a mat foundation with one slab below grade and one slab above grade. Mr. Schatz stated that the ground floor slab of the building is 2 11, feet above the surrounding grade. Ginalski asked Mr. Schatz ifhe has any design involvement with respect to construction of the drainage system. Mr. Schatz replied that their Civil Engineer, Bracken and Keene, will do most of the work in developing the drainage system plans. Ginalski asked Me. Schatz to briefly touch on the highlights on how he and the Engineer foresee the drainage plan working. Mr. Schatz said that there are a series of area drains on the site and the site slopes very gently to those drains. Mr. Schatz said that all of the drains collect into a main collector that runs out to Tiburon Boulevard where it ties into the main storm drain. Ginalski asked where the storm drain empties and Anderson replied that it drains to Raccoon Strait through the main pipe which runs under Tiburon Boulevard and he understands that it exits under Tutto Mare. Ginalski asked Anderson if the drainage ties into the drainage system that empties into the Belvedere Lagoon and Anderson said Town Council Minutes #1082 March 20, 1996 4 F L L that the drainage could empty into the Lagoon under certain circumstances. During high tide, the flap gate near Tutto Mare may be closed by the tide, in which case the water would divert to the Belvedere Lagoon rather than Raccoon Strait. Mr. Schatz mentioned that there are separate grease traps for the new Town Hall and the new Library to keep the grease from flowing into the storm drain system. Ginalski asked Mr. Schatz to describe the lighting proposed for the parking lot. Mr. Schatz stated that the Design Review Board chose the fixtures. He said that there will be a series of double- headed posts in the center island as well some single-headed posts in other locations. He said that they consist of a vertical pole that comes up, bends over and has a shielded downligl)t. He said that since they are not tall, there are more then they would normally have. Ginalski asked Mr. Schatz ifhe anticipates the addition of any skylights. Mr. Schatz replied that there are three 3' x 6' skylights with levelor blinds to be installed over an upper level conference room. Siewert asked if they would be tinted, as they should, and Mr. Schatz said that this can be done. Councilmember Hennessy asked if any night lighting has been designed for the Beach Road Tennis Court parking lot and Anderson said that the only proposal is for day use employee parking only. Planning Commissioner Heckmann asked Mr. Schatz if connecting the plazas has been deferred because of cost and Mr. Schatz replied that this is part of the project and shows up on the landscape plan. Planning Commissioner Schrier asked why the Negative Declaration for the library site was only heard at the Council level, while the Negative Declaration for the new Town Hall, which is a similar project, is also being heard at the Planning Commission level. Anderson stated that the reason that the Negative Declaration for the new Town Hall is before the Planning Commission is because the Planning Commission, by state law, has some advisory authority over the applications that are required to approve the Town Hall. He said that this was not the case for the library because there was no need for a re-zoning or a General Plan amendment, as was required for the new Town Hall. Schrier asked Town Attorney Danforth if the Commission finds an item that has a potential significant impact, and it believes that it cannot be mitigated, can it still make findings of overriding consideration and adopt the Negative Declaration, or is an EIR required. She said that the general rule is that if the Commission finds substantial evidence sufficient to support a fair argument that there will be a significant unmitigated impact, then the Commission cannot adopt a statement of overriding considerations without first doing the EIR. Schrier asked her if reconfiguration of the building to potentially mitigate blockage of the ridgeling is an impact from a CEQA standpoint. She replied that specific decisions as to design and configuration of the Town Council Minutes #1082 March 20, 1996 5 ~ L L building are discretionary and would therefore be subject to CEQA She said that if the Commission found that there would be a significant unmitigated impact resulting from the positioning of the building, its recommendation would probably be to require an EIR. At that point, the Council would want to look at the basis for that recommendation because the ultimate determination, which lies with the Council this evening, is whether there is substantial evidence in the record to support a finding of a significant unmitigated impact. Unless there is some evidence of a significant unmitigated impact, the Council would then have the freedom to go forward based on the Negative Declaration. Schrier asked her if the EIR could be very focused on that one point and she replied if the Council so found, but said that this presupposes that the Council ultimately found that this was a significant unmitigated impact. Mayor Wolf confirmed with Anderson that if the vote has determined that the Town HaIl must be built in this location, it follows that it must be re-zoned to Public/Quasi-Public and the Town's FAR's would apply to this zoning designation. Ginalski asked Danforth if the Council can make findings of overriding consideration without doing an EIR and she replied in the negative. Planning Commissioner Greenberg had a further question about Stall's response to her written question about what the parking counts are for the Beach Road tennis court parking lot, comparable to the counts for the other lots?" Staff responded that recent parking counts were conducted for the commercial fee lots only, but that casual observation by Town staff indicated that the lot is mostly empty on weekdays. Greenberg said that from Staff's response, it appears that no formal observations were made of parking in that lot on weekends and Anderson concurred. Greenberg asked what does the Commission infer about impacts with no data. Anderson replied that what is proposed for the Beach Road tennis court parking lot is that during the weekdays, when Town Hall Staffis at work, there will be 15 parking spaces set aside as permit only spaces and there would be no change on the weekends. Wolf explained how part of the settlement agreement, which is the reason for the mitigation measures on parking, deals with this issue. Greenberg said that it appears that the impact of that mitigation is not known, because there is no data on the parking in that lot. Siewert stated that she questions the statistics that Staffhas come up with for the Beach Road tennis court parking lot, because she is a frequent user of this lot and has gathered her own statistics that she feels are more accurate. She asked Anderson if the Commission can make changes to the Mitigation Monitoring Program this evening, Anderson said that if the Commission feels that it is necessary to make recommendations to the Council that it be changed or amended, it is free to do so. Greenberg asked Anderson, without any data, how can they assess the impact of the mitigation. Anderson said that it would have to relate to some substantial or significant environmental impact. Councilmember Thompson asked Greenberg why she would need data for the weekend when Town Hall is closed and Greenberg replied that it is because it is being proposed as a pay parking lot. Wolf said that it is not being proposed as a pay parking lot. Wolf said that all that is being Town Council Minutes # 1082 March 20, 1996 6 " F ~ ~ L proposed, in terms of the settlement agreement, is that on certain holiday or special event weekends when it appears that the long term parking is not sufficient, the time limit on 15 normally two-hour parking spaces will be extended. She said that some confusion may have arisen because of the way it was written in the StafI'Report. In reference to another of her questions, Greenberg asked Mr. Jensen why the State of California Department of Conservation commented on the Belvedere- Tiburon Library Initial Study, but not comment on the new Town HaIl Initial Study. Mr. Jensen replied that they did not provide any reason why they responded the first time but not the second time. Greenberg asked Anderson, regarding the response to her question about the time frame for development of the 40-space CalTrans Park & Ride lot, exactly where the buses will be parked in the interim. Anderson replied that they can be parked in the location of the proposed CalTrans Park & Ride lot and parking is available on both sides ofTiburon Blvd. Greenberg asked if the Town has done parking counts of this of and Anderson replied that the Town has not. Schrier asked, regarding Greenberg's question about the determination of ridge lines as an insignificant impact, Mr. Jensen to elaborate on his response regarding CEQA Mr. Jensen replied that when the aesthetic impacts issue was analyzed and prepared for this Initial Study, the types of buildings that exist along the north side of Tiburon Blvd., the scale of the buildings and the type of land use were looked at, which is considered the "setting" under CEQA Schrier asked if there are any policies in the General Plan that would encourage view corridors from Tiburon Blvd. Anderson said that, to preface whatever he may find in the General Plan, it is important to note that what the Initial Study found is that even after the building is built, there would still be view corridors. Anderson then scanned the General Plan. He did not find any applicable policies in the Circulation Element. From the Open Space Element, Anderson said that OSC-4, View Corridors, states that "Principal inboard and outboard vistas should be defined and development should be located to protect such vistas to the maximum extent feasible." Schrier asked if the language on views on page 13 of the Open Space & Conservation Element was applicable. Anderson replied that the section in question was background discussion in the Element, and not an adopted policy. Greenberg asked if the sectio.n has any weight. Anderson stated that when General Plan consistency is being assessed in terms of a significant adverse impact, it has to be assessed on the General Plan as a whole. He said that a project could be partially or totally inconsistent with several policies in a plan and, overall, still be consistent with the General Plan. He said that he is not sure, in this case, that we have gotten to the point where you could say that it is partly inconsistent with any of the policies in the General Plan that he has seen. Town Attorney Danforth said that both the specific policy and the discussion of views talk about non-interference with the view to the extent feasible. She stated that it is difficult to be in contravention of that Town Council Minutes # 1082 March 20, 1996 7 r ~ ~ policy unless you find that we are hereby blocking the view more than is necessary. She does not think that there is necessarily an inconsistency there. Ginalski asked Mr. Roycroft to describe the geology of the site, which he did in detail. Ginalski asked if this parcel fits within a certain Seismic Zone and Mr. Roycroft stated that the site is in Seismic Zone 4, which is the most severe Seismic Zone. Mr. Roycroft explained how bay mud responds in an earthquake. Mr. Roycroft said that some of the fill will need to be removed in order to compensate for the weight of the building. Ginalski asked Mr. Schatz if the building will be properly anchored to the foundation and he replied that their Structural Engineer is very careful in his placement and number of shear walls used. Greenberg asked Mr. Roycroft to explain the term lateral spread and he explained that this refers to where the ground cracks in an earthquake, regardless of whether it is from up and down or side to side motion. Greenberg asked Mr. Roycroft if the Town selected a different engineering firm, if he thinks that they would have come up with the same construction method that would achieve some level of safety and he replied that they probably would have suggested the same method or they may have suggested a pile support foundation. Mr. Royroft stated that the design process has led them to a compensated mat foundation which is as good or better a foundation for this building site and is much more economical. He feels that another firm would agree with him about this. Greenberg asked Mr. Roycroft why the mat foundation, as opposed to a pier foundation, is recommended for this building and he replied because it if a small and lightweight building. He said that enough fill can be removed to fully compensate for the weight of the building. Schrier asked Mr. Roycroft if, economics aside, he would still recommend this foundation and he replied that he would because it is a stronger and more rigid foundation. Schrier said that he did not want to make decisions on seismic matters based on economics. Wolf confirmed with Mr. Roycroft that the reason that the mat foundation was recommended over the pier foundation, was because it avoided the problem of differential settling. Heckmann asked Mr. Roycroft if the mat foundation is commonly used in the area.and he replied that it is and that it is a proven system. Heckmann asked him if they tested for soil contaminants and he replied that they did not make scientific tests for that. Mr. Roycroft said that they did review government records and interviewed people, but there was no reason to suspect contamination at this site. He said that they did test borings, but there was no evidence of contamination during these tests. Town COWlCil Minutes # 1 082 March 20, 1996 8 F k L Schrier asked Mr. Roycroft if they did a Phase I Environmental Study. Mr. Roycroft replied that they did one for the library site and for the new Town Hall site. Mr. Roycroft stated that there is no recommendation for any further study, as further investigation of this matter is not warranted. Wolf opened the public hearing. Hal Edelstein, 34 Noche Vista Lane, discussed a change he wanted to make to one of the comments he made in his memorandum dated February 19, 1996, about construction activities discussed in the draft Initial Study. Paul Jensen mentioned that this mitigation measure came from RMI Wesco, the Biologist that reviewed the Initial Study. Mr. Jensen stated that the primary intent was outward construction activities. Mr. Edelstein pointed out some other corrections he feels need to be made to the document. Nat Marans, 2312 Spanish Trail Road, stated that he submitted a letter dated March 2, 1996, regarding his opposition to a Mitigated Negative Declaration. Mr. Marans said that he spoke with Bob Sydnor, Chief Geologist at the Dept. of Conservation, before he spoke with Mr. Jensen. Mr. Marans said that Mr. Sydnor stated that he had not been contacted by the Town. Mr. Marans said that Mr. Sydnor told him that he will not be getting involved with this project because his agency has experienced cutbacks and has more important projects to consider. Mr. Marans said that he spoke with Mr. Crane, Crane Transportation, who said that they made their parking analysis based on data and information received from the Town, because it is cheaper to do it that way. Mr. Marans was concerned about the accuracy of the report from the Town. Mr. Marans was also concerned about some square footage being taken away from the parking area and Wolf wanted to reassure him that the line was moved so that the landscaping is now on Town property rather than on the parking lot property, but she said that the parking lot still contains the same number of parking spaces. He does not feel that the Town has not received sufficient guarantee that it is safe to build on the fill on this site. Karen Nygren, 22 Paseo Miraso~ said that there has been no discussion tonight about the change of ownership of the land and clearing of the title that is necessary in order for the Town to proceed with construction. Kleinert stated that now that the litigation is being dismissed, Ed Zelinsky is free to make the transfer. Ms. Nygren asked about the status of the Metropolitan Life Easement related to the drainage and Kleinert stated that this issue has been resolved. Ms. Nygren said that she spoke with Metropolitan Life and they said that one of the requirements to clear the easement was to change the drainage. Kleinert said that the Town Engineer has signed off on this and it has been resolved. Ms. Nygren asked if the Town or Mr. Zelinsky will be paying for this and Wolf said that since it is on Mr. Zelinsky's parking lot, she presumes he will be paying for that. Ms. Nygren stated that the proposed clock tower is 48 feet high and asked ifthere is any other building in the Downtown are that is this tall and Anderson replied that the top of the spire at Safeway is about 50 feet tall. Ms. Nygren asked Anderson what the allowable height in the Town COInlciI Minutes # 1082 March 20, 1996 9 F L ~ Downtown area is according to the Zoning Ordinance and he replied 30 feet. Ms. Nygren said that according to Miller-Pacific, in order to make this building safe, this building must be built to the strictest UBC standards and Mr. Schatz concurred. Ms. Nygren asked Mr. Roycroft ifhe had knowledge that the building site was a railroad yard and a railroad dump area and he replied that this area had not been a railroad yard and railroad dump. Roycroft stated that there had been a railroad embankment adjacent to the property. He said that this site had been a marsh, not a railroad yard. Ms. Nygren asked Mr. Roycroft ifhazardous materials could have been dumped when the railroad was still active and she wanted to know if they dug 2-3 feet into the fill, they may find evidence of this. Mr. Roycroft said that he doubted it, as the site was filled 30 years ago. Ms. Nygren asked if there was control over use offill at that time and Anderson replied that a fill permit would have been required. Mr. Roycroft mentioned that he spoke with Mr. Zelinsky and Lou Brunini, former Supt. of Public Works; and there nothing to indicate that the fill material is hazardous or contaminated. Ms. Nygren asked Mr. Roycroft if they discovered anything, is there any mitigation or plans to deal with it and he replied that there are. There being no one else wishing to speak, the public hearing was closed at 9:35 p.m. Heckmann expressed concerns about traffic and parking relative to how it might mesh with the library, uses of parking adjacent to it, as well as how that shifts at different times of the week and at different times of the year relative to traffic intensity. He said that he is not sure that the parking situation is completely resolved. He said that there does seem to be a coordinated effort between all of the people involved, particularly with Mr. Zelinsky and the Town. He said that he raised the soil contaminants issue only to ensure that if there was a problem, money was available to deal with the issue. He said that he is confident that the new Town Hall and its review has been done properly and that a Negative Declaration was the appropriate step. K1airmont said that she has concerns with certain sections of the Negative Declaration. She feels that there isn't sufficient information to be able to determine if parking for employees at the Beach Road tennis court parking lot is feasible. She is also concerned about seismic issues on the building site. Ridge view obstruction by the new Town Hall and the library from Tiburon Blvd. is a significant problem for her. Schrier asked when would a Phase I and a Phase IT Environmental Study would be required. Danforth said that when a Phase I is done, a Phase II is only done if the Phase I investigation gave some indication of the presence of hazardous materials on site that would warrant further investigation. But if the Phase I assessment gives no indication of contamination, then it would be extraordinary to go on to Phase II. Anderson stated that this is his understanding as well. Schrier stated that he has two concerns about the Negative Declaration. He said that he was Town Council Minutes # 1 082 March 20,1996 10 .' r ~ L- concerned by Mr. Roycroft's comment tonight that the suggested compensated mat foundation is much more economical, as he mentioned earlier. He said that, depending on how quickly it could be done, he would like the Commission to consider a second opinion on seismic safety of the foundation. His second and more important concern was about view obstruction of the ridgeline. He said that they worked so hard to keep the ridgeline on the Harroman property free from development. He stated that it is important to prevent the view blockage of the ridgeline from Downtown. Greenberg stated that the Town has voted for a Town Hall on this site, but she wants to make sure that they go through this process in a responsible way or feels that it will come back to haunt the Town, probably legally. She said that she has some concerns about recommending a Negative Declaration on this project. She feels that her concerns could be resolved quickly, ifnecessary, with a focused EIR. She said that she has three concerns. Her first concern are the view impacts. She said that she is not satisfied with the reasons given for finding those impacts less than significant. She said that the view protections offered by the General Plan have been paramount. She feels that findings of overriding consideration could be made with a focused EIR and that the materials to do so are readily available. She also has concerns about the seismic issues. She would like to see the Town get a second opinion from the State of California Department of Conservation or an independent consultant to confirm the appropriate type of foundation for a Level 4 site, such as this. Her third concern is parking. She is very troubled by the fact that there is no data on the Beach Road tennis court parking lot. Siewert said that she knows from first hand experience that the Beach Road tennis courts are heavily used. She wanted to know where the tennis players are supposed to park if this parking lot is used by Town employees. She feels that 12 parking spaces or 8, at a minimum, should be reserved for the tennis players. She said that the parking has to be addressed. She agrees with Greenberg regarding ridge view protection. She feels that the Commission's comments on the aesthetics have been totally disregarded. She said that the seismic issues can be resolved with proper engineering. Schrier asked Siewert if she is satisfied with having just one opinion about the seismic safety. She replied that she could support getting a second opinion. Schrier asked Anderson how long it would take to get a second opinion regarding the seismic issue and he replied probably at least one month. Siewert asked Anderson how long it would take to do a focused EIR to address the parking and aesthetic issues and he replied probably at least six months. Schrier asked why it would take so long and Anderson said that the CEQA process takes a long time and Jensen concurred. Siewert feels that the process is being shortened and bypassed. A) MOTION: The Commission recommended that the Town Council reject the Mitigated Negative Declaration as prepared by Staffand defer approval of the Town Council Minutes #1082 March 20, 1996 11 F I ~ ~ General Plan Amendment and Rezoning applications until such time as an EIR that would expand upon the Initial Study is prepared to address the parking, aesthetic impacts and seismic concerns. Moved: Vote: Greenberg, seconded by Schrier AYES: . Greenberg, K1airmont, Schrier, Siewert NOES: Heckmann 2. TOWN COUNCIL COMMENTS (10:20 p.m.) Councilmember Hennessy said she respected the opinion of the Planning Commission and disagreed with them with regard to three areas. 1) She said lived the in general area of the new Town HaIl and that the entire downtown of Tiburon was built on Bay mud. She said she had complete confidence in the opinions of the engineers, Nick Forrell and Miller Pacific, in determining that it was safe to build the Town Hall on Bay mud. 2) With regard to view blockage of the ridgeline, Hennessy said 90' of the view would be blocked but the electorate had made that decision when they voted for the new Town HaIl. She said the clock tower was an important part of the design to give the new Town Hall prominence even though it exceeded the height limit. 3) Hennessy said the Beach Road Parking Lot was never full except during special events and there was plenty of spaces nearby for tennis players to park. She said the Council should adopt the negative declaration and carry out the mandate of the people. Councilmember Ginalski thanked the Town staffand consultants for a yeoman's job in compiling the information for the Negative Declaration, and said he was proud to serve with the Planning Commission. He said it was difficult to make an unpopular decision, and he felt the Town should "practice what you preach" in honoring the [EIR] process. He said that even though the voters had called for the Mar West site, it was important to conduct a limited EIR to preclude John Collette [and other developers] from challenging the Town's ridge policy, and to address other issues such as noise impact. He said the Town was forced to do so because an administrative record had been created showing that there were significant environmental impacts, as outlined by the Planning Commission. Councilmember Thompson said he was disappointed in what he had heard from the Planning Commission. He said Councilmember Ginalski's remarks about an administrative record was preposterous, and that the studies in Negative Declaration were very thorough and that all the questions had been addressed. He said the Town had a very conservative structural engineer and the site had been "studied to death" with previous projects such as Point Tiburon. Thompson questioned how much more money would be thrown away to say the same thing over and over again. Thompson discounted any comparison between the Town Hall project and the Harroman project, and said both the Cecilia Court and Ned's Way Town Hall projects had been approved with Town COWlCiI Minutes #1082 March 20, 1996 12 ~ '- ~ negative declarations. He said what had taken place in the Council Chambers that evening was "a fishing expedition". Thompson also said that parking was a "non-issue," and it had been proven time and time again that there was plenty of parking in downtown Tiburon. He cited the total of three days last summer when parking was at a maximum. He said the parking stalls at the Beach Road tennis court parking lot had previously been used by commuters for all day parking, but in the past several years had been limited to two-hour segments. With regard to view blockage, he said everyone wanted to preserve the ridge views, but that the site limited the size and design of the [Town Hall] building. He said the ridge could be seen from most of the places at the site. He said Hal Edelstein's comments about noise should be added to the negative declaration and that Council should go forward in full confidence with the plans. Councilmember Thayer said he had served on the Planning Commission with Marylyn [Siewert] and Randy [Greenberg] and worked on revisions to the General Plan. He said he remembered the concerns expressed regarding views, both inward and upward, and was delighted to see the sentiment still existed. He said he had been concerned about the both buildings at the site [library and Town Hall] and wanted to keep an "open feeling" and not close all of downtown in. He said the voters were not shown the actual building in the campaign literature, but a long, narrow building. He said the Town should be consistent in protecting the ridgeling views and was concerned about setting a precedent in selective enforcement of the Town's view policy. Thayer said it was a mistake to preempt parking for Town employees and that spaces for the tennis players should be honored. He questioned why Town staffcouldn't park next to Town Hall or as close to it as possible. Councilmember Thayer said he was "marginally satisfied" regarding the consensus of the experts for the proposed foundation and respected their judgment. Mayor Wolf said she would not second guess the experts in seismic engineering, and that the Town had already received a second opinion about the site. She said the view issue was almost comical, in that she hoped people driving by the Town Hall would keep their eyes on the road, but that nothing in the proposal denied or deprived anyone of a view. Wolf said the building had been designed for functionality and was the most functional building the Town had ever come up with [over previous designs). She said that six spaces for tennis players at the Beach Road lot was adequate, and if not, they could park at the Bank of America lot. With regard to the height issue, she said Measure "M" had exceeded the height limit and no one had spoken about it being precedent-setting. Mayor Wolf said she was prepared to move Town COWlci1 Minutes # 1082 March 20, 1996 13 F ~ Councilmember Thayer asked if the IS parking places for Town staff could be located somewhere else. Hal Edelstein suggested that the Mitigation Monitoring Plan say, "Beach Road location [parking Lot] or some other location as the Town may determine." forward. Mayor Wolf directed Town Staff to add language to the Mitigation Monitoring Plan regarding "noisy exterior" (Section 5.2), and parking available for longer term on weekends and holidays (Section 13 .2). Town Attorney Danforth called for language to be added to the Resolution indicating the Planning Commission recommended that the initial study not be adopted, and that the Town Council had found that there was no significant negative impact. A) MOTION: To Adopt A Resolution of the Town Council of the Town of Tiburon Certifying a Mitigated Negative Declaration for the New Tiburon Town Hall, as Amended Moved: Vote: Thompson, Seconded by Hennessy AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer ~ B) MOTION: To Adopt A Resolution of the Town Council of the Town ofTiburon Adopting an Amendment to the Land Use Element of the General Plan for the New Tiburon Town Hall Site Moved: Vote: Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer C) MOTION: Moved: To read [Rezoning Ordinance] by Title only Hennessy, Seconded by Thompson Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain Property from NC (Neighborhood Commercial) Zone to P (public/Quasi-Public) Zone, 1515 Tiburon Boulevard (portion of Assessor Parcel #58-171-82)" MOTION: Moved: Vote: To pass first reading ofabove Ordinance Thompson, Seconded by Hennessy AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski L Town Council Minutes #1082 March20,1996 14 F \ k L MOTION: Moved: Vote: To read [planning Procedures Ordinance] by Title only Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Establishing Planning Procedures for the Tiburon Town Hall Project" MOTION: Moved: Vote: To pass first reading of above Ordinance Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer MOTION: Moved: Vote: To Read [Amended Zelinsky Master Plan Ordinance] by Title only Hennessy, Seconded by Thompson AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski Mayor Wolf read, "An Ordinance of the Town Council of the Town ofTiburon Amending Provisions of the Zelinsky Master Plan to Allow Development of the Tiburon Town Hall (portion 58-171-82)" MOTION: Moved: Vote: To pass first reading of above Ordinance Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Wolf NOES: Ginalski, Thayer Councilrnember Hennessy made the following statement: "I'd like to make a statement, I should have made it earlier, but I want to put it in the record. I do live in close proximity to this project. The Town Attorney has received a letter from the Marin Housing Authority clarifying the fact that I have no financial gain or loss by voting on this project because my condominium is . controlled by the Below Market Rate program, and the price of the condominium is set by the Marin Housing Authority, and therefore I have absolutely no conflict of interest in voting on this project. " Town Council Minutes # 1082 March20,1996 IS J=: l l D. ADJOURNMENT There being no further business before the Town Council and the Planning Commission of the Town of the Town ofTiburon, Mayor Wolf adjourned the meeting at the 11 :00 p.m. in honor of Peter Friedman, sine die. . A7/t!e _ DIANE L. CRANE, TOWN CLERK !Ldi~(2~~ ~~1 / SCOTT ANDERSON, SECRETARY Town COWlcil Minutes #1082 A'/,~ ?v4- NICKY WO , MAYOR MAR SIEWERT, CHAIR PL COMMISSION March 20, 1996 16