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HomeMy WebLinkAboutTC Min 2018-05-02 TOWN COUNCIL SPECIAL & REGULAR MEETING MINUTES SPECIAL MEETING –6:30 P.M. On May 2, 2018, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Thier, Councilmember Welner, Vice Mayor Kulik, Mayor Fraser CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County of Marin vs. Martha Co., et al. –United States District Court, Northern District of California - Case No. C06 0200 SBA CONFERENCE WITH LEGAL COUNSELANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) ADJOURNMENT–to regular meeting REGULAR MEETING –7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, May 2, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ANNOUCEMENT OF ACTION TAKEN IN CLOSED SESSION The Mayor announced the Council decided to intervene in an action and when the intervention is filed, it will be made public. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Planning Manager Kwon, Town Clerk Stefani ORAL COMMUNICATIONS Town Council Minutes 911-2018 May 2, 2018 Page I There were none. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of April 18,2018 special and regular meetings (Town Clerk Stefam) CC-2. Investment Summary—Adopt investment summary for month ending March 31,2018 (Director of Administrative Services Bigall) CC-3. Virginia Design Contract Award—Authorize Town Manager to execute contract with Harris & Associates for completing Plans and Specifications for Virginia Undergrounding project, and a budget amendment in the amount of $8,000 for the resurfacing project (Department of Public Works) Councilmember Thier said she would abstain from voting on Consent Calendar Item No. 3. MOTION: To approve Consent Calendar Item Nos. 1-2, as written. Moved: Thier, seconded by Welner VOTE: AYES: Unanimous CC-3. Virginia Design Contract Award—Authorize Town Manager to execute contract with Harris & Associates for completing Plans and Specifications for Virginia Undergrounding project, and a budget amendment in the amount of $8,000 for the resurfacing project (Department of Public Works) MOTION: To approve Consent Calendar Item No. 3, as written. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik, Welner ABSTAIN: Thier ACTION ITEMS AI-I. South Knoll Tree Removal Permit—Consider Tree Permit for the Removal of 21 Blue Gum Eucalyptus Trees, 15 Italian Stone Pine Trees, and 6 Monterey Pine Trees from Town Property (Department of Public Works/Community Development Department) Director of Public Works/Town Engineer Barnes explained the Town's policy for requests for tree removal on Town property. He said these trees will generally not be removed without good reason, and presented a timeline of this tree removal permit so far beginning with the application submittal in January 2017. Barnes said this application had been reviewed by the Parks, Open Space and Trails Commission, which recommended the Town conduct an independent risk assessment on the safety and health of the trees in question. He said the risk assessment done by Hort Science rated the trees as a moderate risk or a low risk,and recommended removal of some Acacia and Blue Glue Eucalyptus trees.After Town Council MinuNes H 11-2018 Allay 2, 2018 Page 2 the POST Commission reviewed the risk assessment, the Commission recommended denial of the permit and encouraged a compromise approach. Barnes recommended the Council consider three options: 1. Approve the permit with a broom maintenance plan (not recommended by staff or POST). 2. Deny the permit and approve the work recommended by Hort Science and repeat the risk assessment in 5 years. 3. Deny the permit and approve the work recommended in the Hort Science report, and an additional eight trees categorized as Condition 2 in the report,and repeat risk assessment in 5 years. He said this option will require a budget amendment of$7,240. The Council asked for clarification about the small Eucalyptus trees that the report also recommends removal. Director Barnes said these are small saplings (under 10 inches) that should be removed. Mayor Fraser asked who has the authority to make a decision on the trees that sit on the leased land. Staff said they would need to review the lease again. Mayor Fraser invited the applicants to make their presentation. Duffy Hurwin, Tenaya Drive, introduced herself and her husband as the applicants. She said it had been incorrectly claimed that the primary reason for their application is view improvement,which is untrue. She said the only neighborhood residents that would benefit from an improved view are residents on the lowest street in the neighborhood. She said similar projects in other areas have been well-received, and she reviewed the history of other proposals to remove trees on the knoll. Mrs.f Iurwin continued that around the time of the first proposal in 1996,she felt concern about limb failures. She said 47 neighbors signed their petition, most of whom do not experience view obstruction. She said the Town has poorly maintained the knoll, did not take appropriate action to mitigate the risk, and a large tree later fell on the path. She said the applicants' recent report also uncovered the opportunity to do a native restoration project on the knoll by removing suppressive species, allowing natural reforestation. She then explained how she and her husband believed the Town would be more open-minded to their proposal after another neighborhood group successfully removed a group of Eucalyptus trees. She then hired two consultants to make a recommendation on the knoll, and this proposal was combined with current and past reports that advised certain Eucalyptus trees were hazardous. Mrs. Hurwin believed the Town's report omits consideration for native restoration, safety and aesthetics. She urged the Council to follow Option 2, as presented in the staff report. Ron Hurwin,applicant,reiterated that their application was for native restoration,and.every resulting report has recommended the removal of nonnative Eucalyptus trees, and questioned why another neighborhood group had been successful in their endeavor. Town Council Minutes#11-2018 May 2, 2018 Page 3 Mr.Hurwin said the prior Town Council and Fire Chief believed the trees on the knoll were safe,but in 2006, a large Eucalyptus tree fell on the bike path. He said the Town hired two subsequent risk assessments that came to similar conclusions to remove the nonnative trees. Mr. Hurwin then explained how the two consultants they had hired were in agreement that the trees were in different stages of decay, recommended removal, and presented a restoration plan for all nonnative trees. Mr. Hurwin said the Hort Science Report ordered by POST provides a risk assessment that validates their own report, but report does not mention fire hazards, spontaneous limb failure or native restoration. Mr. Hurwin said the Town has admitted to poor maintenance of the trees, their current application gives the Town the opportunity to remove the dangerous and dying trees and allow for natural and native restoration at no cost to the Town. He said if their application is denied,they will not submit another proposal, and said the Town should be aware of the safety and financial burden the trees impose on the residents of Tiburon. Mr. Hurwin concluded his presentation by expressing disappointment that their request to staff to evaluate the added cost of removing an additional risk level of trees was not accepted. He urged the Council consider Option 2, as it will benefit anyone that uses the bike paths and nearby parks. Councilmember Thier said she does not want the applicants to feel the Town has insinuated any intent for their application, and assured the applicants their hearing would be fair and their application would be adequately heard on its merits. Mayor Fraser opened the floor for public comment. Bill Brinkman spoke in support of the Hurwin's plan for safety and habitat restoration and urged the Town to implement the third option presented tonight. Becky Pringle spoke in support of the application and encouraged the Town to support the plan as written or modified to include some of the undesirable and nonnative plants. Laurie James spoke in opposition to the proposal, and said the Town's independent study was done objectively. She said the Town should support the recommendation made by the professional arborist. Mayor Fraser closed the floor. Councilmember Fredericks asked about fixture maintenance requirements to maintain an appropriate level of safety. Director Barnes said risk assessments will be repeated every 5 years, and future pruning will depend on what future assessments suggest. He said more broom and brush removal will be necessary on an ongoing basis. Tolvn Council Minutes#11-2018 May 2, 2018 Page 4 Vice Mayor Kulik asked if the pruning recommendations will bring the trees to an adequate level of safety, and the life cycle of the risk assessments. Director Barnes said only low risk trees are being recommended for pruning, and anything above that will be removed.He said the Hort Science report has a time frame of 5 years, which is why the assessment will be revisited every 5 years. Councilmember Welner asked about the Town's policy, if any,on long term mitigation measures of undesirable trees. Director Anderson explained that the term"undesirable tree''is refers to a tree that requires a permit to plant under the Town's Tree Ordinance,and the closest policy measure the Town has is the Open Space Management Plan which has the general idea that invasive species would eventually be removed and not replaced. Thier asked Barnes to review the options before the Council again. Director Barnes explained the options again, and explained that some of the lower-risk trees requested by applicants to research removing were specifically identified by POST as trees to not cut down as they are prominent trees. Fredericks said these trees,while not necessarily `good trees',have been an identifying feature of the knoll for over a generation and given the Town's policies and the POST Commission's recommendations, she said she would support Option 3,as presented in the staff report. She said she also supported the idea that the Town conduct evaluations annually in addition to the 5-year assessment, as it would be a good opportunity to mitigate further fire risk. Thier said she believes the proposed compromise plan will encourage the growth of native trees while keeping safety a priority. She agreed with Fredericks and said she supported Option 3, but wanted to know more about the installation of a cable support system. Welner believed it would be difficult for the Town to engage in large-scale species restoration on a spot-by-spot basis. He thought there should be a larger-scale strategy for the entire Town. He said safety is a priority as well, and also supported Option 3 because it eliminates the immediate and future dangers. He also expressed uncertainty about the cabling system installation. Kulik believed the POST Commission did an excellent job on this project,and said he respected the fair risk rating given in the report. He said the Town's highest priority is safety, so he agreed that Option 3 would be the best course of action to mitigate the safety issues. He also agreed with Welner on finding a systemic way of dealing with nonnative species on a larger scale. Mayor Fraser said the Town's maintenance record of the knoll has not been great. and he believed it was important for the Town to take measured steps forward. He agreed with the rest of the Council that Option 3 was the way to go. He agreed that an ongoing maintenance plan needed to be implemented. He reminded staff to look into the leased land issue. Welner and Thier also asked for more information on the recommendation to cable one tree. Town Manager Chanis said the report considers this to be a healthy tree, suspected the arborist made this recommendation out of caution because it has two major trunks, which is a common practice. Director Barnes added that the tree does not lend itself to pruning, according to the report. Town Council Minutes#11-2018 May 2, 2018 Page 5 MOTION: Deny the permit and approve the work recommended in the Hort Science report, and remove an additional eight trees categorized as Condition 2 in the report,and repeat risk assessment in 5 years, and authorize a budget amendment of$7,240. Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous AI-2. PG&E Rule 20A Undergrounding — Update from staff on project and direct staff to either continue or close down project (Department of Public Works) Director of Public Works/Town Engineer Barnes gave a background on the project, and explained costs have been continually increasing throughout the design and bidding process. He said to complete this project,the Town will likely have to spend its entire Rule 20A credit balance,a 5-year borrow ahead of Rule 20A credits, and an additional $1.3 million in General Fund dollars. Barnes recommended the Council consider three options: • "Pause" the project and rebid in 2019 • Continue work, proceed with purchase of additional Rule 20A credits and rebid in 2019 • Cease work and ask PG&E to close the project and keep plans until bidding environment improves. Barnes said this option was staff's recommendation. Councilmember Fredericks asked how much money the Town has spent so far. Town Manager Chanis explained that the work done by PG&E was paid for with the Town's accumulated and borrow-ahead balance of Rule 20A credits, and General Fund dollars were used to purchase additional Rule 20A credits, which can be resold. Councilmember Welner said he would like to better understand the cost of doing a Rule 20B project instead. with the consideration that Rule 20A credits could be sold to offset the cost. Chanis explained staff could get the plans and an estimate from PG&E, but said staff would only be able to provide an estimate that relies heavily on information from PG&E, which may not be reliable. He said no one will know the actual cost until it goes out to bid. Director Barnes said the most recent PG&E estimate of a Rule 20B project was significantly incorrect. Ile said the cost of the project is not going to go down whether the project is Rule 20A or 20B,but we do know it will cost considerably more than the Council planned for. He added that he has been assured that there is almost no way the project will be cheaper as a Rule 20B project. Councilmember Thier understood the poor bidding environment,and asked if an engineer's estimate for a Rule 20B project could be reviewed. Barnes said the Town could ask for an independent study by a consultant, as the previous estimate from PG&E was significantly off. Vice Mayor Kulik commented that if the project is converted to a Rule 20B project, it would be funded by the General Fund, and asked if this would recategorize this project in the Capital Improvement Plan. Chanis confirmed this project would likely score as a lower priority. Torn Council Minutes #11-2018 May 2, 2018 Page 6 Mayor Fraser said that as a result of not being able to build this year, the project cost will likely go up again. He questioned the real value of Rule 20A credits, and not knowing what they would sell for.He said this is a good project,but his sense was the cost was just going to keep going up and the Town has no way to know what the cost will be in a year, and there were too many unknowns. MOTION: To close down the project. Moved: Fredericks, seconded by Welner VOTE: AYES: Unanimous PUBLIC HEARINGS PH-1. Zoning Text Amendments — Consider zoning text amendments relating to parking standards, zoning permits and room and board provisions in single family dwellings — Inlroduction and first reading of ordinance Director of Community Development Anderson said the proposed ordinance had been unanimously approved and recommended to the Council by the Planning Commission. He said the most substantive changes are relating to parking, with the primary purpose to increase the flexibility afforded to decision-makers in the review of new or altered uses in commercial space with respect to the number of parking spaces required. Anderson said with various trends surfacing that could act to significantly reduce commercial parking demand in the future, many communities believe the time has passed to require additional parking unless there is an obvious need for it. He said he does not believe any of these changes will result in a future parking shortage downtown. He said the other changes will add or clarify provisions addressing time extensions,expirations,and renewals of certain zoning permits,and update the definitions section relating to multi-unit dwellings and the definition of a vacation rental in a single family dwelling. Councilmember Fredericks asked for further clarification about the definition of vacation rentals. Anderson explained that the initial definition exempted room and board, but the ordinance is now consistent in that it intends for someone to be staying in a single family home for at least 31 days. Mayor Fraser asked about the new standard of requiring an EV charging station to be installed in new and substantially renovated parking lots. He asked for more clarification about what is considered a substantial renovation, and expressed concern about the strictness of the provision. Anderson explained that a slurry seal and restriping might not trigger- the requirement. He said a reconfiguration of the lot would be considered a major renovation. Anderson said the Planning Commission made it very clear that they liked this idea,but would only support it if there was a way that they could waive or approve a Variance with a fairly simple process. Mayor Fraser opened the floor for public comment. There was none. Totinn Council Minutes 411-2018 May 2, 2018 Page 7 Councilmember Fredericks asked if the EV charging station provision would also include multi- family residences. Anderson confirmed that it would apply to lots with at least 20 spaces, which would include multi-family residences and religious institutions. Councilmembers Weiner and Thier both expressed positive excitement about the EV provision and spoke in support of implementing effective ways to support electric vehicles. MOTION: To introduce the ordinance and read by title only, waiving further reading and schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by Thier 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 Primarily But Not Exclusively Related to Parking and Loading". MOTION: To hold a roll call vote on the introduction of the ordinance, as written. Moved: Fredericks, seconded by Thier ROLL CALL VOTE: AYES: Fraser, Fredericks, Kulik, Thier, Welner TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT The Town Manager reminded the Council of their closed session meeting the following morning. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:30 p.m. r. 1 1 Y- JIM FRAS R, lA OR ATTEST: 1, LEA STEFANL `oWN CLERK Town Council Minutes 911-2018 May 2, 2018 Page 8