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HomeMy WebLinkAboutTC Minutes 2015-02-04TOWN COUNCIL MINUTES CALL TO ORDER Mayor Doyle called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, February 4, 2015, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Building Official Salzman, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager CONFERENCE WITH LEGAL COUNSEL --ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Section 54956.9: dispute regarding 110 Gilmartin Building Permit. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Doyle said there was nothing to announce from closed session. Town Council Minutes #03 -2015 February 4, 2015 Page 1 ORAL COMMUNICATIONS Resident Tom O'Neill, organizer of the Tiburon Classic Car Show, said he would also like to initiate an Irish music festival in town. He said that on a recent trip to Ireland he had discovered that he was related to a famous Irish musician who is credited with preserving Irish music. He encouraged the public to stay tuned for more details. He also suggested that the Council consider becoming a sister city with the Irish Town of Bantry, on Bantry Bay, and possibly stage joint music festivals in the future. CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of January 8, 2015 special meeting (Town Clerk Crane Iacopi) 2. Town Mid -year Budget Review and Amendments — Accept amended budget report for first half of FY 2014-15 (Director of Administrative Services Bigall) 3. Little League Parade — Request by Tiburon Peninsula Little League for approval of a new special event permit to stage an Opening Day Parade on Tiburon Boulevard (Town Manager Curran) Mayor Doyle asked to remove Item No. 2 and continue it to the next regular meeting for discussion. Council concurred with the request. MOTION: To adopt Consent Calendar Item Nos. 1 and 3, as written. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous ACTION ITEMS 1. Discussion of Public Art — Hear public comment concerning offer to Town of Mark di Suvero sculpture, Huru, and direction to staff if appropriate (Town Manager) Town Manager Curran said that on September 12, 2014, the Town received an email communication from Carol McKegney and her daughters regarding their request for the Town to display the sculpture "Huru", a work by Mark di Suvero, to honor the memory of both the McKegney and di Suvero families. Curran said that Huru is approximately 55 feet tall, the approximate height of a five -story building, and weighs 17 tons. She said the email characterized the offer as a "long-term loan" and suggested a location of "the shore of McKegney Green". Curran said the matter of the loan offer was brought to the Council's attention at its October 1, 2014 meeting and that the Council had directed the Town Manager to send a letter expressing the Town's gratitude but politely declining the artwork, which the Council informally characterized as "too large for further consideration." Town Council Minutes #03 -2015 February 4, 2015 Page 2 Subsequent to this step, Town Manager Curran said that many people had approached the Council with a request that the matter be agendized so that proponents of the piece could be heard before a conclusion was reached that Huru could not, or should not, be accommodated in some fashion in Town. She said the Council agreed to place the matter on the February 4, 2015 agenda for this purpose. At tonight's hearing, the Town Manager suggested that the Council consider the threshold question of whether the piece is appropriate and beneficial for display on public land in Tiburon. She said that if the Council decides to pursue the offer further, many details will need to be investigated and satisfactorily resolved, as outlined further in the written staff report. The Town Manager went on to say that the email tendering the offer did not include any details about the nature of the loan except to characterize it as "long term". She said the size of the piece gave rise to many specific questions that would be important considerations in any decision to accept the sculpture. She said these would include (but are not limited) to: the exact terms of the loan; an exact location and notification of neighbors; conformity with applicable land use regulations and any steps needed to address non-compliance; CEQA; site investigation, preparation and installation; transportation and related impacts; liability analysis, including responsibility for damage or vandalism; removal and site restoration; and how these expenses would be covered. Curran said that a group of proponents for siting l-luru in Tiburon had made a recent submission to the Town addressing some of these issues; she said that two art experts were expected at the hearing to address the Council further on this matter. With regard to land use regulation, Curran said that there are no General Plan policies that speak directly to this type of project, but noted general ones that deal with views and protection of open spaces. She listed LU -F, OSC-A, OSC-29, OSC-31, and OSC-32 as the most applicable. Curran said the Zoning Ordinance contained some standards and processes that would be more on point for the placement of Huru, such as the requirement of a conditional use permit, and a height variance, in order to be placed in a Park & Recreation -zoned location. Curran said it would most likely require adoption of an ordinance "exempting" the Huru project from the Tiburon Zoning Ordinance. She said this would require a public hearing before the Planning Commission, and a public hearing at the Town Council, as well as any required CEQA work. The Town Manager said that view blockage, visual character, protection of view and scenic environment, appropriateness of the sculpture, and other issues would all come into play as part of any Town review, both for CEQA and for the merits of the project. Concluding her report, Curran said that there is no question of the significance of the sculptor or the generosity of the offer of a long-term loan of Huru to the Town by the McKegney family. She noted that there is considerable debate over the appropriateness of this particular piece for Tiburon due to both its size and nature relative to Tiburon's limited park space. She said the Town Council Minutes #03 -2015 Februa,y 4, 2015 Page 3 public hearing would allow the Council to hear these opinions and use the opportunity to gain a better understanding of the potential pros and cons of accepting this loan. She said if the Council determines that it wishes to explore accepting the artwork further, it should direct staff to conduct further analysis and develop answers for all the outstanding questions. Likewise, if the Council concludes that the piece would not be appropriate for Tiburon for any reason, Curran said staff recommends that it make a statement to that effect and close the matter, unless staff is otherwise directed. Mayor Doyle opened the matter for public comment. Presentation • Neil Benezra, Director of the San Francisco Museum of Modern Art, provided background information on the sculptor and related an account of his family's story of coming to America in 1941 from Shanghai, China, and sailing under the Golden Gate Bridge. Mr. Benezra said he was inspired to bring Mr. di Suvero's work to San Francisco upon the occasion of his 80`h birthday, and was ultimately successful in bringing the show to Chrissy Field. He said the request was initially met with strong criticism, from both the National Park Service and other sources, but he said that public perception changed and the show was a success. Benezra said that Will McKegney was Mark di Suvero's closest friend and that Carol McKegney had inherited the sculpture. He said it became clear to him during the Chrissy Field show that Mark di Suvero is a very special individual, generous and charismatic, and he said the Town would enjoy having this sculpture. • Art Gensler, 52 -year Tiburon resident, said the Town had a tremendous opportunity to have Huru here. He said that during his tenure in Tiburon, he recalled opposition to many public projects such as the creation of the bike path, McKegney Green, and the housing development at Point Tiburon. He said the Town had changed in 50 years and that it could change some more. He said that he was committed to the Town and that this opportunity was something special and unique that shouldn't be passed over. Mr. Gensler showed on a map only two locations for placement of Huru that he said would not create view blockage — one next to Elephant Rock on Shoreline Park, and the second on the north side of Blackie's Pasture adjacent to Greenwood Beach Road. Mr. Gensler said that he lived in the world of design; that this place [Tiburon] can get better and not "stand still"; that this generous offer by the McKegney family would be a great legacy to the community. Public Comment • Diane Green, 19 -year resident, said she joined the chorus of voices and excitement over this civic event that would instill a sense of pride in our community, provide education Town Council Minutes 403 -2015 February 4, 2015 Page 4 opportunities for kids, enliven discussion, and create a unique gathering place; she humbly urged the Council to take the next step in consideration of Huru. • George Landau, 42 -year resident, said the piece would be more appropriately located outside the corporate offices of Bethlehem Steel; said that the Town had gotten rid of the old railroad trestle, fishing cabins, etc. in order to create open space and that this structure would take away from the beauty of the open space; said there was no advantage to the Town in accepting the sculpture. • Bruce Abbott, Greenwood Beach Road, agreed and said that while noteworthy, the sculpture would sit directly outside his house [on Greenwood Beach Road]; he said that he was steadfastly, adamantly opposed to its placement there; said that the Townspeople had fought long and hard to keep Blackie's Pasture clean and free of structures—that was the promise of the 1972 Open Space bond that it be left in its natural state. • Julia Foncett, resident since 1997, said she moved here for the natural beauty, open spaces, greens, and hills, and that the enormous sculpture was inconsistent with the quality of the Town's parks; said she favors art, but not this piece. • Sidsel Moller, resident, said her kitchen window would look directly at the spot proposed for the sculpture at Blackie's; said she loves the open space, walking and looking at nature and wanted nothing in the park; asked the Council not to "ruin it". • Ken Caplan, resident of SF and MOMA docent who said he gave tours of the sculpture when they were at Chrissy Field, said it was not di Suvero's intent for the sculpture to just "sit there"; said it was not ugly; said that he heard lots of good comments about it during the show from people who visited; said that di Suvero's story was a great story to be told, that he had overcome disabilities, and that this could be a process of coalition building. • Pamela Martin, said we are an educated group of sophisticated people and that future generations should know that we appreciate art; she urged acceptance of the sculpture. • Harry Heath, resident since 1959. Greenwood Beach Road, asked why University of Massachusetts and SFMOMA had not kept the sculpture; that it was not a "gift" and that it would need a structural engineer and likely a large crane to install it; asked the Council not to let this type of art spoil anyone's view. • Joan Cavendish, resident since 1973, said that Huru "belongs to" and should be in Tiburon; said that we could figure out a location and urged the Council to be grateful for and accept the magnanimous gift. • Eric Artman, 20 -year resident, said the Council "did the right thing" in its initial rejection of the offer; said there are no five -story structures in Tiburon so it was wildly out of scale; that it was not di Suvero's best work and looked like something more appropriate for Burning Man; said that structural support, liability, and insurance were all expenses not factored into the loan. • Natalie (last name unknown), SFMOMA boardmember and representative of Belgian Consulate, now an American citizen, said she enjoyed the vibrant art scene in San Francisco and that di Suvero was an internationally recognized artist; urged the Council not to pass up this opportunity; said the sculpture "spoke to" her seven-year-old son and would speak to others; asked the Council not to exclude this group. Town Council Minutes #03 -2015 February 4, 2015 Page 5 • Carol Bennett, 45 -year resident of Belvedere, said she's for artwork, and that di Suvero is one of the greatest artists; said the sculpture does fit in Tiburon with its rust and earthiness, and that it was a tall, beautiful piece; said if a view was blocked, how much; and that the art installation on the new UCSF campus was an example of how art could work with nature. • Andrea Morgan, 15 -year resident, who said she works for Mr. Benezra at MOMA, said she loves Tiburon and loves Mark di Suvero's work; said she curated the Chrissy Field show and urged the Council to allow the supporters to explore this further through the formation of a task force that would address the important questions; said that in 3 to 6 months, they could come back with a well-done, complete proposal; • Bob Doherty, poet, read a piece he had created involving an Elephant on a Trail and an imagined Tiburon Sculpture Park; said that tonight's decision would determine the future; that large-scale sculpture needed large acres of land and open sky, like Storm King. • Joan Foster, 55 -year resident, said the sculpture was not in conflict with open space and would enhance our great views; said that Huru was a tall piece but not a solid wall and was open to look through; said that open space did not mean that a pebble could never be turned; asked the Council to consider enhancing and enjoying the open space; said there were only so many fountains to be built. • Devora Parker, 41 -year resident, children's docent at MOMA for 17 years, said kids would be delighted with the "outstretched arms" of Huru and its unforgettable presence; said that many notable artists were not recognized until later on in their lives. • Silvana Wong, 40 -year resident and artist/art lover, said that people also objected to the Eiffel Tower which is now synonymous with Paris; spoke in favor of artists and having the sculpture here; • Colin Wong, said eloquent arguments had been made by both sides but that it would be a mistake to turn down the sculpture; asked the Council to allow the task force to study this further so that we can have a great piece of art in Tiburon; • Pierre LaTour, 60 -week resident of Tiburon, said he and his wife loved the landscape, the relaxation and quietness of Tiburon; said that an "opportunity" did not make bringing the sculpture here a viable argument; that the aesthetic value of Tiburon was more valuable; that a massive sculpture of this scale belonged in a big city, not a town with two parks; urged the Council to carefully consider this. • Herb Peterson, 48 -year resident, said the di Suvero story was a beautiful one but that he had seen other works of art that were more beautiful; • John Sanford, 50+ -year resident, said the Council got it right the first time by turning down the structure; advised the Council to not go back on its initial correct assumption that the piece was out of scale for Tiburon; said it would be more appropriate in Mission Bay or somewhere else; noted that people were spending lots of money on utility undergrounding to improve their views [and not further view blockage]; • Natale Servino, 34 -year resident, agreed with Mr. Gensler that the area is changing; said that he grew up in the Reedlands and that even in Blackie's Pasture's landscape had changed since he was a boy; urged the Council to continue its study of the sculpture; gave Town Council Minutes #03 -2015 February 4, 2015 Page 6 an example of a posting on Instagram that linked the sculpture to Paris, Venice, and Tiburon (thereby giving Tiburon world-wide recognition); • Lorrie Green, 45 -year resident, said our hope is that the Council will allow the task force to continue pursuing the offer; that Mr. di Suvero had said he would transport and cover all the installation costs; that there were other offers of financial assistance over the long term, as well. • Pamela Dekema, resident since 1994, thanked the Council for the hearing; said the sculpture could be a "teaching moment" for our Town and our kids; said she was "in awe" of di Suvero's work and asked that the Town allow the study to continue. • Deborah Greenspan, first visited in Tiburon in 1972 and moved here in 1976, said she was "in love with Tiburon" and that she thought of it somewhat like Yosemite, that is, there is nothing between you and the vistas in all directions; said it gave her great pleasure to live in this "unchanged world" where the views were precious and had remained unchanged for 150 years; said another locale would be more suitable for the artwork, like the artwork placed at the new UCSF campus; • Diane Lynch agreed; said that residents had fought long and hard to preserve our open spaces (and are still paying for it); said that art and taste were hard to quantify; that the sculpture might be more of an engineering challenge than anything; suggested Belvedere might have a place for it, but that the locations mentioned for Tiburon were not appropriate; gave the example of wanting a community garden at Blackie's and being turned down by the Town because the area was for "passive, recreational use"; suggested other locations like MOMA (which is undergoing an expansion), the back side of the peninsula at Romberg Center (on a concrete pier), or Paradise Park; • John Larsen, President of Mateo Drive HOA, said it was the first time to his knowledge that all 17 homeowners agreed on something and that they were unanimously against Huru because of its size and scale; in short, he said the sentiment was why trade views for a private sculpture site; said that if the Council wanted to consider it, it should be put to a public vote; said a private location, like the di Rosa preserve, seemed preferable to a public space; • Crystal Azzarello, owner of Luna Blu with her husband, one-year resident, said that art would bring visitors to Tiburon and would enhance its reputation as a world-class destination; • Vince DeQuattro, Reedlands, who said his background was in film, showed a conceptual photo of the sculpture at Blackie's Pasture that he had posted on Nextdoor; said it did not appear massive in this multi -acre space; said while it was man-made it was made in context with nature and favors nature; asked for an opportunity to build a 3-D model and use lasers to do a more accurate rendition or artist's concept; • Robin Hudnut, thanked the Council for the open meeting and said that everyone has a story to tell; that storytelling is in the heart of being human; that Huru could tell the story and history of the I -Beam and cantilever, and more; suggested that Mark di Suvero might help us with [interpretation of] the project; • Connie Wiley said that Huru would change the entire feel of McKegney Green and Blackie's Pasture, dominating the space; said it would take away from the beautiful part Town Council Minutes #03 -2015 February 4, 2015 Page 7 of our parks, our shorelines and the peacefulness there; said that we saved all that land in order to preserve as it is, in its peaceful way; asked the Council to not allow a large impersonal steel structure to be placed there; said there was no history or connection between it and Tiburon. • Susan Brodovich, resident of "old Tiburon", said she also conducted a poll and received an overwhelmingly negative response to the question; said that perhaps what was really needed was a realistic interpretation of how such a large-scale structure would look, perhaps by erecting story poles to show the size and scale; said that this is our natural view and that we didn't need to "look through it" to see anything. • Katherine Harper, 41 -year resident, agreed and said that we're so fortunate to have such natural beauty; • Holley Sin -ell, Hacienda Drive, said there are trees in Tiburon that are bigger than this sculpture; asked the Council to consider the gentleman's offer to do computer models; said she was in favor of having the sculpture. • Art Gensler asked the Council to just consider looking at the two locations and that he was certain they would agree that views would not be blocked; that the sculpture would simply "drop lightly" onto the site and not be an installation problem; • A resident of Mar East [could not hear name] spoke to the question of whether nature and sculpture worked together and said yes, they do, just look at Storm King; said with the proper positioning, the sculpture could look beautiful. Council discussion Councilmember O'Donnell asked a question about the apparent discrepancy between the staff report --which stated that Huru would rise above the roadway if placed in Blackie's Pasture --and a photo simulation presented by the public speaker. Director of Public Works/Town Engineer Barnes said that the road at its highest point rose 45 feet above McKegney Green and the top of the road was 55 feet; he said that, in his estimation, the photo simulation of Huru showing the sculpture closer to the top of the photo would be more realistic. Councilmember Fraser thanked the speakers and everyone who had come to the hearing. He said this is what makes our community great; that we care about where we live. He said there is nothing like the Tiburon peninsula anywhere. Fraser said it considered it his role to push the ball down the road like those before him who cared so deeply about this place. He said the decision before the Council tonight was not about di Suvero, his sculpture or his history; rather, it is about land use and the public land. He said that the Town Manager had articulated this well in her report. Fraser said the Town's General Plan is a document that is updated by the community and reflects the heart and soul and values of the community. He said the General Plan, along with the Town's many ordinances and guidelines helped the Council to make its findings; and that the same documents were used to evaluate any new building or structure in public open space to determine whether it was appropriate. Town Council Minutes #03 -2015 February 4, 2015 Page 8 Councilmember Fraser went on to say that our public open spaces are supported by our tax dollars. He said that Shoreline Park was the only place on the San Francisco Bay where one can see the City of San Francisco and the Golden Gate Bridge in a clear and unobstructed manner. He said that while he agreed with the fans of di Suvero as to the merits of the sculpture, he said he could not find any place in Tiburon for the placement of any structure of this size and magnitude. Councilmember Fredericks agreed. She said that what people valued most in Tiburon is its small-town, village character and its uncluttered views. She said the expansive views were unique. She said that to change this by placing a structure in the open space would set a land use precedent. Fredericks said that while this was a magnificent offer of artwork to the Town, she was not inclined to accept it based on our very limited accessible open space and parklands. Councilmember O'Donnell said that it worried him that the story being written was that the Council and staff did not appreciate art; he said this was not the case. He noted that the Mayor was also an artist and that the Town Council supported the arts and had supported showcasing of sculpture in the public space during the Tiburon Art Festival. He said that one day the Town will have a new library and perhaps that would be a suitable location for public art. O'Donnell said that he liked the sculpture, Huru, but thought that it would look better in a big city rather than a small town. Furthermore, he said that based on the comments of his fellow councilmembers with which he concurred, he would vote to reject the offer. Vice Mayor Tollini recalled a comment she had heard that "art is anything that evokes an emotional response". She said that this certainly fit the discussion of Huru. Tollini said that she loved the ideas presented, among them the idea of teaching children about art, and she had had continued to hope for a "magic" solution to this dilemma. Rather, she said she concluded that our open space and parks are sacrosanct in Tiburon; and that she could not conceive of a place that might be appropriate for this piece within the guidelines and policies of the Town's General Plan and policies. She said she could not make an exception even for such a great gift as Huru. Mayor Doyle agreed. He said he had worked for 25 years in art and design and understood the subjective nature of art. But the scale of this piece was a problem, according to the Mayor, and where to put it. Doyle said that in Chrissy Field it seemed to "disappear" into the space but not in Tiburon. The Mayor said he could not justify placing the piece in someone's view or "inflict" art on someone who did not want to see it. He said he would not impose a view obstruction to 200-300 homes that looked down onto Blackie's Pasture. He said the Shoreline Park area was also problematic; he gave an example of the objections to the Landmarks Society proposal to place a set of gallows wheels at the Railroad Ferry Museum, even if they were to lay flat on the ground. Town Council Minutes 403 -2015 February 4, 2015 Page 9 Doyle said that while he liked the sculpture, he could not find an appropriate place for it in Tiburon. MOTION: To thank the McKegney family for its offer of this magnificent gift; but to let the record reflect the decision of the Council to go no further in its exploration, and to refuse the offer, with great regret, due to the inconsistency of the sculpture with the Town's land use policies and guidelines. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous PUBLIC HEARINGS Director of Community Development Anderson said the items should be heard in reverse order from the numbering on the agenda; that the Solar Energy ordinance would be heard first. 1. Zoning Ordinance Amendments — Consider amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code including requirements for installation of Solar Energy Systems on newly -constructed single-family dwellings (Director of Community Development Anderson) — Introduction and first reading of ordinance Director Anderson summarized the information presented in the written staff report. He said that Section 16-40.080 would be a new section added to the Zoning Ordinance to require that a photovoltaic solar energy system be installed on all new single family homes that are constructed from the ground up (i.e., not including remodel/addition projects). He also briefly reviewed the other proposed amendments concerning grading and excavation (Section 16-52.020(B)(4), and the addition of fire pits to the list of minor exterior alterations requiring site plan and architectural review (Section 16-52.020(F)(4). The Director said the Town Council had discussed the concept of solar requirements on new homes at its annual retreat in March 2014. At that time, Anderson said the Council directed staff to explore various options for incentivizing solar installations on new homes, and bring them to Town Council for further consideration. Subsequently, the Town Council received a memorandum dated September 9, 2014, describing various options. He said the memorandum was attached to the staff report and was discussed at a Town Council/Design Review Board Joint Workshop held on October 9, 2014. At that time, he said staff was directed to draft zoning text amendments and begin the public hearing process for possible adoption. Anderson directed the Council to the solar regulations set forth on pp. 2-3 of Exhibit C to the staff report, which he said were based on ones adopted by the City of Sebastopol a few years ago and would require that a photovoltaic energy generation system of at least a certain minimum size is installed on all newly -constructed detached single family dwellings. Unlike the Sebastopol regulations, Anderson said the Town's ordinance would have an "exception" clause that could be invoked by the Design Review Board (DRB) in unusual Town Council Minutes #03 -2015 February 4, 2015 Page 10 instances, such as north -facing lots, heavy vegetative cover, and other physical conditions that might hamper the effectiveness of a photovoltaic solar energy system. In granting an exception, he said the DRB could require the home to be enrolled in the "deep green" program with Marin Clean Energy or participate in other alternative energy solutions. Director Anderson noted that the City of Sebastopol staff had indicated their program, which applies to substantial remodels as well as new homes, had been non -controversial. He said that the cost of installing solar systems had come down substantially; he also noted that there would be an automatic Town Council review of the regulations at the end of 2016. Anderson said the proposed ordinance amendments were exempt from CEQA. He recommended that the Council conduct a public hearing and consider passing first reading of the ordinance. Councilmember Fredericks asked if there would be any changes to Town permit fees related to adoption of the ordinance. Anderson said that the State caps what can be charged for rooftop - mounted solar panels at $500; he said the same fee would apply to a permit for retrofit of a system on an existing home. Councilmember Fraser said he thought the permit fees were waived by the Town. Anderson said the Town waived installations that were kept flat or rose no more than 8 inches above the roof level. Fredericks asked if the waiver would apply to installation of flat rooftop systems on new homes; Anderson said that it would. Councilmember Fraser asked for specific criteria that the DRB would need to consider an exemption [for new solar requirement]. Anderson said that the homeowner would have to provide evidence from an acceptable source. Fraser suggested that preparing a hand-out of these kinds of questions and answers would be helpful. Councilmember O'Donnell noted that technology is changing all the time and has brought new possibilities, such as solar shingles. He suggested "leaving the door open" in the Town Code for consideration of alternative proposals. He agreed with Councilmember Fraser that it would be helpful to homeowners for staff to guide them through this [new] process, but he also said that the information is easily obtainable. On the subject of fire pits, Councilmember Fraser asked why the Town would want to get into the business of permitting such structures. He asked whether outdoor barbeques might be next. Director Anderson said that the placement of outdoor fire pits, like spas, tended to generate controversy among neighbors, so that is why they had been added to the list of DRB review. Fraser asked if that meant that the Town currently reviewed the location of spas. Anderson replied that the Town had regulated the location of spas for over 20 years. Vice Mayor Tollini expressed her concerns about the requirement for solar panels, but she said that with the revisions that made the requirement unique to new construction, as well as the provision for exceptions, she would support the amendments. Town Council Minutes #03 -2015 February 4, 2015 Page 11 MOTION: To read ordinance by title only. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous Mayor Doyle 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 ordinance, waive second reading, and set the ordinance for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Doyle, Fredericks, O'Donnell, Tollini NOES: Fraser Councilmember Fraser noted that he voted "no" solely for the reason of being opposed to the regulation of fire pits; he said he supported the solar requirements. 2. Zoning Ordinance Amendments — Consider amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the purpose of establishing a permit, procedures and standards for Junior Accessory Dwelling Units in single-family dwellings (Director of Community Development Anderson) — Introduction and first reading of ordinance In his staff report, Director Anderson said that the Town had adopted its updated Housing Element 2015-2023 in August of 2014. Among the implementing programs contained in the Housing Element, Program H-ff calls for consideration of allowing "junior second units" as a method of creating additional affordable housing in the community in a low -impact manner. He directed Council to a chart comparing the impacts of secondary dwelling units (and he noted that only a few of these had been approved since 2007), and `junior second units". For instance, Anderson said that junior second units would not require additional parking spaces under the ordinance. However, he said that staff would look closely to see if a site met Town's current parking standards and that there was adequate on -street parking in the vicinity. Anderson said that during its review, the Planning Commission had made it crystal clear that junior units would not be rentable as seasonal rental units, and that requisite parking standards should be closely adhered to. He said the ordinance was exempt from CEQA and he recommended that the Council conduct a public hearing and consider passing first reading of the ordinance. A Council question asked was whether there was an opportunity for homeowners to come forward without being fined for existing units (during the resale inspection process). Director Anderson said there was really no way for the Town [inspectors] to know whether a room was used as a junior accessory dwelling unit if the homeowner had removed the appliances prior to an Town Council Minutes #03 -2015 February 4, 2015 Page 12 inspection. Councilmember Fredericks asked whether the definition of "wet bar" included refrigerators. Anderson said that a wet bar is allowed a mini -refrigerator. Vice Mayor Tollini asked about the benefit to a homeowner if separate utilities had to be installed. Anderson said he did not believe that special district fees should be as burdensome for junior accessory dwelling units, although the special districts have not finalized their positions with respect to requirements as yet. Mayor Doyle asked where an "art studio" might fall in the definition. Anderson said that a detached art studio would be considered a "guest house' if it did not contain a kitchen. Councilmember O'Donnell asked whether the deed to the property would be affected by a junior second unit. Anderson replied that deed restrictions would require that the junior unit could not be sold separately, would not exceed 500 square feet nor be less than 150 square feet, and the owner would need to live on the site. O'Donnell asked what if a purchaser did not want the junior unit in the home. Anderson said they could simply remove it from use and this could be handled at the staff level. MOTION: To read ordinance by title only. Moved: Tollini, seconded by Fredericks Vote: AYES: Unanimous Mayor Doyle 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 related to Junior Secondary Dwelling Units." MOTION: To pass first reading of ordinance, waive second reading, and set the ordinance for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Doyle, Fredericks, O'Donnell, Fraser, Tollini 3. 2340 Paradise Drive — Consider appeal of Design Review Board approval of a site plan and architectural review for the construction of additions to an existing two-family dwelling (Community Development Department) - continued to February 18, 2015 Owners/Applicant: Julia Shumelda Appellants: Tracy and Peter Dempsey Address: 2340 Paradise Drive Assessor Parcel No. 059-191-02 TOWN COUNCIL REPORTS None. Town Council Minutes #03 -2015 February 4, 2015 Page 13 TOWN MANAGER REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests January 23 & 30, 2015 Accepted. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Doyle adjourned the meeting at 10:45 p.m. ATT DIANE CRANE COPI,FrVN CLERK Town Council Minutes #03 -2015 FRANK X. DO E, MAYO February 4, 2015 Page 14