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Home My WebLink AboutTC Agd Pkt 1996-03-06 .//1/4 s / {~ TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: MARCH 6, 1996 7:30 P.M. 6:00 P.M. PLEASE NOTE: In order 10 give all Interested person..n opportunllyto be heard, and to ensure the presentation 01 all points 01 view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limn Presentations to 3 minutes; (5) Speak Directly into Microphone. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, ptease contact Town Hall (415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35,102-35,104 ADA Tille II] A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (lfanv) C. PUBLIC OUEST IONS AND COMMENTS Please confine your comments during this portion of the agenda to mailers not already on this agenda. other than items on the Consent Calendar, The public will be given an opportunity to speak on each agenda item at lhe time it is called Presentations are limited to three (3) minutes. Malters requiring action will be referred to the appropriate Commission, Board, Commi/lee or Staff for consideration and/or placed on aJuture meeting agenda. D. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) TffiURON ECUMENICAL ASSOCIATION (Status Report - Hank Bruce) E. RECOGNITION OF TOWN SERVICE 2) JEFF SLAVITZ, DESIGN REVIEW BOARD (1991-1995) F. CONSENT CALENDAR The pUlpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motioll unless separate action is required on a particular item, AllY member of the Town Council, Town Slaff, or the Public may request removal of an item for discussion. 3) TOWN COUNCIL MINUTES (Approval) - #1079, FEBRUARY 20, 1996; #1080, FEBURARY 21,1996 4) MONTHLY INVESTMENT SUMMARY - JANUARY 31,1996 (Receive) 5) FAIR HOUSING MONTH (April, 1996 - Adopt Resolution) G. NEW BUSINESS 6) SENIOR HOUSING ADVISORY COMMITTEE (Report & Update by Chair Larry Smith) 7) DOWNTOWN SEAFOOD FESTIVAL - TUTTO MARE (Request for Lower Main Street Closure - Sunday, June 30, 1996) 8) EMERGENCY OPERATIONS CENTER - Relocation ofEOC to Belvedere Community Center H. PUBLIC HEARING 9) LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO, 1994-2 - Hearing on Proposed Levy of Assessments and Construction of Public Improvements (Second and Final Hearing - Adopt Resolutions) 10) TREE ORDINANCE - AMENDMENTS TO CHAPTER 15A OF TffiURON TOWN CODE REGULATING TREES - 1st Reading I. UNFINISHED BUSINESS 11) APPEAL OF DESIGN REVIEW BOARD DECISION - Continuation of 2/7/96 Hearing - (Hearing Closed; Action Item only) Applications for Ramps and Rails at 10, 13-19 & 38 Main Street (Zandvakili, Purdy, and Main Street Properties, Applicants & Appellants) J. COMMUNICA nONS 12) LETTER FROM MTC TO TOWN MANAGER, dated February 26, 1996 (Roundtable Workshop) 13) MEMO FROM LAND USEITRANSPORATION CONFERENCE PLANNING COMMITTEE TO MARIN CITIES, dated February 27, 1996 (Sponsorship and Attendance) K. STAFF & TOWN MANAGER REPORTS 14) CABLE TV MEETING WITH VIACOM REPRESENTATIVES (Councilmember Ginalski & Town Manager) L. ADJOURNMENT Future Aeenda Items- Joint Planning Commissionffown Council Meeting fe: Town Hall Negative Declaration (March 20, 1996) Future Activities- March Primary/General Election (March 26, 1996) Louise Teather Day (April 14, 1996) DATE OF MEETING: MARCH 6. 1996 NO, 6-1996 DATE POSTED: March 1. 1996 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq" the Town Council will hold a Closed Session, More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9b) Name of Case: Connallv. et al. v. Main Street Businesses (USDC No. C-95-00875) [Ie I1A ;1/0 . :5 ( ,4 +6) TOWN COUNCIL MINUTES D~Ar-T ' s\. ' r CALL TO ORDER Mayor Nicky Wolf called the special meeting of the Town Council of the Town of Tiburon to order at 7:00p,m" Tuesday, February 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 B. PUBLIC OUESTIONS AND COMMENTS None. C. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES Council interviewed the following applicants for positions on the Tiburon Peninsula Recycling Committee: 1) Romney Fennell; 2) Valerie Johnson; 3) Dan Harris; 4) Polly Smith; 5) John Kern; 6) Eric Schmidt; 7) Bill Stewart; 8) Bill Bergmann; 9) Mary Bowles; 10) Richard Hinkel. D. ADJOURNMENT Council adjourned to closed session at 8:55 p,m, A. ROLL CALL Council reconvened in open session for the purpose of announcing any closed session action, B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) None, C. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the special meeting at 9:50 p,m" sine die. NICKY WOLF, MAYOR ATTEST: ROBERT LKLEINERT, TOWN MANAGER Town Council Minutes #1079 February 20. 19% TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:31 P.M" Wednesday, February 21,1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Hennessy, Thayer, Thompson, Wolf, Ginalski None Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Town Engineer Mohammadi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION None (no closed session), Co PUBLIC OUESTIONS AND COMMENTS Nat Marans, 2312 Spanish Trail, said the construction budget for the new Town Hall did not take into account the exclusions listed on the Adamson Cost Estimate or whether the alternates would or would not be used, He charged the Council with negligence in fiscal compliance and said the project would be way over budget. Mayor Wolf said the items were the same as in previous budget estimates, including Measure "M". D. COUNCIL. COMMISSION & COMMITTEE REPORTS 2, Dian Ashley, President of the Tiburon Peninsula Chamber of Commerce, said 1995 had been a "banner year" for the Chamber. She said that promotional materials about the Town ofTiburon were in San Francisco hotels as well as Marin and Sonoma Counties. She thanked the Town Council for its support, 1. Barbara Creamer, Director of the BelvederefTiburon Joint Recreation Department, gave an overview of the year's programs. She said the department was expanding the Paradise Park and Angel Island summer programs and planned future "intergenerational" events. She asked Council to consider adding play equipment and a summer day camp area to the area behind the new Town Hall Priscilla Tripp, member of the Joint Recreation Committee, said the Town was in good hands TOWN COUNCIL MINUTES #1080 February 21, 19% , thanks to Barbara Creamer's leadership, and that the department was running in the black Councilmember Thompson said he was impressed by the thoroughness and creative drive to provide better and better service to the community. Councilmember Hennessy thanked the department and committee and noted they were a self-supporting organization. E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES Mayor Wolf said a proposal had been made to have the terms for the new Recycling Committee run four years with the idea that the Committee's work would be complete in the year 2000 upon meeting the goals of AB939. She proposed appointing four candidates to the Committee: Romney Fennell, Daniel Harris, Polly Smith and John Kern. MOTION: Moved: Vote: To appoint the above four candidates to the Recycling Committee Thompson, Seconded by Hennessy AYES: Unanimous F. CONSENT CALENDAR 4, Town Council Minutes Nos, 1076,1077 & 1078. Mayor Wolf asked for corrections/amendments to the January 17 and February 7 Minutes. 5. Towns's Historical Landmarks Numbering Sequence (Approval). MOTION: Moved: Vote: To Approve Consent Calendar, as Amended Thayer, Seconded by Hennessy AYES: Unanimous ABSTAIN: Ginalski (January 17 Minutes) G. UNFINISHED BUSINESS 6. BelvederelTiburon Community Library - A Conveyance of Mar West Property, Town Attorney Danforth said Attorney Sharp was continuing to work with Home Savings on the easement issue but that it would not impact the conveyance, B. Property Use [Right of Entry] Agreement. Richard Rozen, Chair of the Library Agency Board of Directors, said the agency would approve both documents at their next meeting, but that they would like to take title prior to the running of the 60-day limit in Paragraph 3 of the Property Use Agreement. MOTION: Moved: Vote: To approve the Property Use Agreement Thompson, Seconded by Hennessy AYES: Unanimous 7, Appeal of Design Review Board Decision denying applications to construct ramps and rails at 13-19,38 and 10 Main Street. Item continued to March-6 due to illness o/Town Attorney Sharp. TOWN COUNCIL MINUTES #1080 February 21, 1996 2 H. NEW BUSINESS 8. Belvedereffiburon Landmark's Society - A. Louise Teather Day - April 14 (Resolution) B. Proposed Use of Newman Property/Co Invitation to Guided Tour of Newman Property, Town Manager Kleinert said the Society was looking for conceptual support of the proposed use of the Newman Property as an Art & Garden Center, and a waiver of Town processing fees. Roger Felton, President of Landmarks Society, said it was a condition ofMrs, Newman's will that the property become an Art & Garden Center. Councilmember Thayer asked what would happen to the Art & Garden Center if the Landmarks Society dissolved in the future. Felton said the Audubon Society was second in line. Mayor Wolf asked Staff about any outside fees, Planning Director said there would be an initial study and possibly a traffic study, but that most of these could be done in-house, Felton described the changes to one of the buildings on the property and its possible use as an archive room, Councilmember Thompson said the project would be an asset to the community but cautioned about possible ingress and egress problems off of Tiburon Boulevard. Councilmember Ginalski said that Landmarks had top-flight, quality projects. Councilmember Hennessy concurred and wished them the best ofluck. Councilmember Thayer said "full speed ahead" Mayor Wolf said the Society had the Council's cooperation and asked that outside fees be kept to a minimum, 9, Removal ofleft-turn lane at Reedlands Woods Way, Town Engineer Mohammadi said the reason for the removal was to restore on-street parking to the residents and that it was no longer needed because the development it had been created for had turned out to contain fewer homes, He said it would be replaced with 15 to 20 feet of raised dots with a cut at the intersection. Mohammadi also said that Kol Shafar might put in an application for future access offReedlands Woods Way and recommended a one-year trial period. MOTION: Moved: Vote: To adopt Town Engineer's Recommendations Thompson, Seconded by Thayer AYES: Unanimous 10. Town's Mid-Year Budget Report, Finance Director Stranzl presented the report, showing seven months of revenue and expenditures and estimated closing balances for the fiscal year, He noted unexpected increases in expenditures for the Storm Water and Congestion Management JPA's, Mayor Wolf asked why there was a $21,000 shortfall in the net operating balance, Stranzl said it was due to the adoption of certain items [labor contract] .after the adoption of the budget TOWN COUNCIL MINUTES # 1 080 February 21, 19% 3 Councilmember Hennessy asked about the Tiburon "Y" improvements, Planning Director Anderson said that money from the Vista Tiburon development project was to be used in conjunction with the County for those improvements. 14, Draft Budget Calendar (FY96-97/97-98), Mayor Wolf asked that the budget overview be moved to May 15 and that budget review would be done at the two regular June Council meetings. 11. Downtown Parking Count Results (May - October 1995), Planning Director Anderson said it cost $600 to do counts for the whole summer and recommended continuing the process in order to monitor the adequacy of parking in downtown Tiburon. Councilmember Hennessy asked for numbers from the ferry services, Mayor Wolf noted "there was not a single day when the regular parking that we will have after the Town Hall is built would not have been sufficient," Councilmember Ginalski said the parking count was an incredibly important tool to provide the Council with raw data and supported its continuation, MOTION: Moved: Vote: To adopt recommendations to continue annual summer weekend parking counts; that Staff review the parking "allocation" system for Main Street Properties; that Staff monitor "patronage" of Angel Island Ferry Service; that Town continue to work with California Department of Parks on Angel Island-related issues. Thayer, Seconded by Thompson AYES: Unanimous I. PUBLIC HEARING 12, Amend Building Regulations Ordinance (Chapter 13 of Municipal Code), Motion: Moved: Vote: To read ordinance by title only Thayer, seconded by Thompson AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Amending in its entirety Chapter 13 of the Municipal Code (Building Regulations)." Motion: Moved: Vote: To pass second reading and adoption Hennessy, seconded by Thompson AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf 13, Siting Element - Solid Waste JPA (Resolution), Town Manager Kleinert said that further to AB939, the county and cities (through its JPA) were required to implement an integrated waste TOWN COUNCIL MINUTES #1080 February 2 I. I 996 4 management plan, as well as a siting element, Council was asked to approve the County Wide Siting Element for Marin County and its Cities, dated November 1995, approved by the Board of Supervisors in December. MOTION: Moved: Vote: To adopt resolution approving County Wide Siting Element Thompson, Seconded by Thayer AYES: Unanimous J. COMMUNICATIONS None. K. STAFF & TOWN MANAGER REPORTS 15. Removal of Eucalyptus Trees on Town Property, Town Manager Kleinert said a company hired to remove trees on Angel Island had approached the Town and offered to remove more trees in order to increase their volume. Kleinert recommended removing the trees along Tiburon Boulevard at Ned's Way which would have to be removed eventually to build the new Police Station. He said he would not support the removal of trees on the knoll [McKegney Green], and said no action would be taken until further notice, Town Manager Kleinert informed Council that the Kilgore property was back on the Board of Supervisors agenda next Tuesday. He said Planning Director Anderson and Planning Commissioner Greenberg would represent the Town at the hearing. Police ChiefHerley informed Council that a break-in and possible burglary had taken place on Southridge at approximately 8:30 p,m, L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:20 p,m" sine die. NICKY WOLF, MAYOR ATTEST: DIANE L CRANE, TOWN CLERK TOWN COUNCIL MINUTES # 1 080 February 21.1996 5 TIBURON TOWN COUNCIL STAFF REPORT To: From: TOWN COUNCIL Meeting: FINANCE DIRECTOR Item No: MONTHLY INVESTMENT SUMMARY STATEMENT AS OF JANUARY 31,1996 L TOWN OF TIBURON MARC~1996 Subject: Institution! Agency Amount Interest Rate Maturity State of California $7,121,464 5,698% Liquid Local Agency Investment Fund I Total Invested: $7,121,4641 2, TIBURON REDEVELOPMENT AGENCY Institution! Agency Amount Interest Rate Maturity State of California $987,340 5,698% Liquid Local Agency Investment Fund I Total Invested: $987,340 I Notes to tables: . State of California Local Agency Investment Fund (LAIF) - The interest rate represents the effective yield for the month referenced above, The State generally distributes data reports in the third week following the month ended, . Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. BY --- ~~ Richar tranz( Finance Director February 21,1996 \ ~ tl ') <~ i,,\ .-\1 VA-- JJo. ~ FAIR HOUSING OF MARIN R8 BU\'EDFRf. STREET, SIIH A.l. S\" R,H-\l.:l, CI1I!l'R,\[,\ <)4901 .... Tlcl 415/457-5025 FA\:. 415/457-63B2 February 22. 1996 ~~~(GlEn lruJEB 2 3 TOWN MANAGEF; ,.,r~iCE TOWN OF TieU,'U" :,C'!{j) 1,._ Kayor Nicky Wolf City Hall 1155 Tiburon Boulevard Tiburon, CA 94920 Dear Kayor Wolf: In April. Fair Housing of Karin will once celebrate Fair Housing Month as a reminder that equal to housing is not only state and national policy, fundamental human concept that the people of our embrace. The theme this year is: again access but a County BY HOME IS YOUR HOKE - "SU CASA ES HI CASA" - Each year for eleven years we have asked Harin's eleven incorporated communities and the County to issue Proclamations declaring April Fair Housing Honth, thereby joining communities across the nation. We ask your city to again be a part of this effort and issue such a Proclamation. A sample of the wording is enclosed for your information. All Proclamations will be read at the Awards Ceremony to be held on April 23, 1996, at a regular meeting of the Harin County Board of Supervisors. Our goal is to receive all proolamations by April 17, 1996. A problem with the date? Please call me at (415)883-1129, Honday through Thursday between 10 a.m. and 4 p,m. Your leadership in this effort is vital because during Fair Housing Honth, we strive to emphasize the rich oultural diversity of our citizens. Thank you. Sincerely. ,,<~ ./ ~__/~/ ?'ir?~ r- " ~~./,. ctc/__'7? c. '> , . ;/ Barbara de Cordova Consultant [il[jJ(j)G:ll.Cilc:;J{jJ[j'D mro WHERERS, the principle of fair housing is not only national law and national policy but a fundamental human concept and entitlement for all citizens; and WHERERS, discrimination based on race, religion, national origin, seH, marital staus, disability, seHual orientation and eHclusion of minor children is illegal in California; and WHERERS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide lIariety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, etc.; and WHERERS, Rpril is designated Fair Housing Month this year and marks the 27th anniLIersary of the signing of the National Fair Housing Law of 1968; NOW THEREFORE, I, NICKY WOLF , Mayor of the ~ TOWN of TIBURON do hereby proclaim the month of Rpril, 1996, to be [F~~1Rl 1HI@IIJ):$UOOI6lIMl@OOlrlHl TOWN in the1DUlJof TIBURON and urge all residents of our community to personally adopt the spirit of equal housing opportunity and to adhere to the letter and spirit of the Fair Housing laws wheneuer applicable. IN WITNESS WHEREOF I halle hereunto set my hand and caused the seal of the~~~f TIBURON to be affiHed this day 6th of MARCH nineteen hundred and ninety-siH. NICKY WOLF, 11AYOR DIANE L. CRANE, TOWN CLERK :;;/f ^ )1)0. fc If $IJA-c 'I aeA- L !ZEfJf);fT h(} LIJRf!- V ~;UArH :lie ~ 1Jf). 1- ~~l ,.-- (?~ ~) ~ ~ Mr. Roberr L. Kleinerr Town Manager Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 ~~~jg~~~\Q) MAR 1 1996 R'S OfFICE TO'lvN MANAGE, 1rON lQ\\IN 01' T,BU,"\ February 29, 1996 Dear Bob, Thank you for taking the time to meet with me today. It was great to see you again. On Sunday June 30, 1996 we would like to host with the merchants of Tiburon a Seafest event, with the proceeds to benefit the Cousteau Society. This event will follow a black tie event to be held at Tutto Mare on Saturday June 29. The black tie event will be by invitation only, and will also benefit the Cousteau Society. The Seafest on Sunday will be a community event for the Tiburon peninsula families and visitors to enjoy. We plan to have a small stage for Jazz musicians to play, seafood tables with wineries, booths for stores in Tiburon that are not on Main Street, and any restaurant in Tiburon may also have a booth to participate in the Seafest if they would like. Activities for the kids are also planned. Events such as face painting, balloon sculptures, arr contests, stilt walkers, etc. The Seafest event will not prohibit anyone from attending. There will be no barriers to keep people out who do not want or can not afford the $25.00 admission fee. When the fee is paid, the guest will receive a wine glass and bracelet which will enable them to eat and drink as much as they would like. If people do not have a bracelet, they can parricipate in any activity and are encouraged to do so, they only will not be able to taste food or beverages. Children under the age of 10 will be admitted free. This event is a community event and is supported by the Chamber of Commerce and other restaurants in Tiburon. We do recognize the sensitivity of closing Main Street for such an event, and we intend to promote ferry transporration and for the people who drive, we will use satellite parking with a free shuttle service to Main Street. ~~~ ;0" (~ L ~~ ~ B' We tentatively ate looking at having the event from 1l:00am - 7:00pm. Set up will probably statt at 8:00am and clean up after the event will be done by 8:00pm. We are hoping to contact the schools in the area to have kids help us with the set up and break down. In return we are looking to secure some educational material from the Cousteau Society for use in the schools that offer assistance. We want this event to be an upscale fun community event for everyone to enjoy. We think it will bring the community together for a fun filled good time for the whole family. Attached please find a "draft" of what our press release will include. Please feel free to call me at (415) 437-0233 if you have any questions. Sincerely, Kar n L. Gitter Director of Sales Enclosure cc: Peter Hochman, General Manager, Tutto Mare-Tiburon '~ "~,, ''-''-' \..." '_d',", j Ul'l~ L U; ( 1'-t (L i I<J"-!I.J.J jJALl:: :.! /:.: FOR IMMEDIATE RELEASE FEB 27.1996 For :u:lditional contact Diana Brandt (714) 721-8069 ext. 540 TIBURONTO HOsr SPECTACUIARSEAFESf EVENTTO BENEFITTHE COUSTEAU SOCIETY Tiburon. CA -- This summer on June 30th~tto Mare Ristoran~and the merchants ofTiburon will join together to host a spectacular Seafest event. The event will take place on main street in Tiburon and promises to be a fun-filled day of seafood, wine, entertainment, live music, an underwater phoro competition, special activities for kids and much, much more! A great way to gcr to the event, and also a great way ro start the day ror Seafest, is a ferry ride on the Red and White fleet from San Francisco across the Bay to Tiburon. Parking may be tight, so people that can take advantage of the ferry, are being encouraged to do so. Parking will be available, however, in designared school parking lors and surrounding =, with a shunle provided. A porrion of the proceeds from the Seafest will benefit the Cousteau Society's Calypso II fund. Since the sinking of the original Calypso last month in Singapore, the construction of the Calypso II has become more urgent. Tuno Mare and the Tiburon merchants are expecting a successful, exciting event that will enhance public awareness ofTiburon while benefitting a worthy cause, Tuno Marc's General Manager Peter Hochman says, " It will be a great honor to be able to give something back to the Cousteau Society since they have given the world so much in education and awareness both of the sea, and the whole environment. We're putting together a great parry in celebration of the sea and in honor of the Cousteau Society." Tickers will be sold for $25.00 and will include unlimited food and beverages. in addition to a full day of entertainment. Children under 10 are free. Turto Mare is located at 9 Main Street, in Tiburon. The phone number is (415) 435-4747, # # # TOWN OF TIBURON STAFF REPORT TO: TOWN COUNCIL DATE: MARCH 6, 1996 1 FROM: TOWN MANAGER ITEM: SUBJECT: TffiURON EMERGENCY OPERATIONS CENTER (EOC) BACKGROUND At its February 12 regular meeting, the Belvedereffiburon Joint Disaster Advisory Committee determined that Tiburon's Police training room was not adequate in size for an appropriate Emergency Operations Center function. The Committee is recommending that the City of Belvedere's Community Center be utilized as the primary EOC site for the Tiburon peninsula, The Tiburon Peninsula Emergency Plan currently reflects the Tiburon site as the primary EOC and Belvedere as the back-up site, The reasons for this change is that the Belvedere Community Center is larger, provides more storage space, is seismically sound, has more parking and is overall more suitable for an Emergency Operations Center. The Tiburon and Belvedere Police Departments and both Fire Districts concur with this recommendation, RECOMMENDATION That Council approve (1) the proposed change of the Emergency Operations Center from Tiburon to Belvedere and (2) that Tiburon's present EOC shall become the secondary or back-up facility, The Disaster Plans of both Communities and the Districts would be revised to reflect this change, The EOC program should be revisited after Tiburon's new Police facility has been constructed and is operational. R.L Kleinert Town Manager EXHffiIT I. BIT Joint Disaster Advisory Committee minutes of February 12,1996 meeting, Beivedere-Tiburon Joint Disaster Advisory Council, 12 Feb , ""11(,""" : +." '~'-:": ~'l.i-;-' "'"\: ','; ';:~-1:~~J'~"~~'~' - (Qt,-SjWR ~l ~?"]) ':'Z' ,-.:.:; i\1 'Minutes of meeting, \..... ' , ~- 'tl""" , ("'1'" .".,.-- tv, 1 ~. 'T '<,:. . . '-' \. ~. '-,. . ,- , . "'-,< .. ,:-"(-...... ;:.j~::~0 "Meeting called to order by Frank Buscher at 5:09 PM. Present: Frank Buscher, NO: George Hall, Bob Kleinert, Judy Bloch, Sheila Puckett, Tom Aiello, Ed San Diego, John Scarborough, Gary Morgan, Dr Tom Cromwell, Sally Burr. Previous minutes were approved. Frank answered Bob Kleinert's question as to the official name of the organization, and the need to include both the words "advisory" and "council." The correct name was confirmed as: Belvedere-Tiburon Joint Disaster Advisory Council. Frank introduced Bob Sinnott, Chief of the Larkspur Fire Department. Chief Sinnott showed a short video and then presented a detailed description of Larkspur's Emergency Operations Center (EOC). See several attachments to these minutes, offered by Chief Sinnott. Chief Sinnott also described Larkspur's evolving disaster plan, which exists both as a complete (notebook binder) document and as a condensed handbook. The plan is modular, with plug-in annexes for each area of specialty. the handbook is updated annually to cover personnel and responsibility changes. Each EOC member is issued a book bag containing all required documents. Chief Sinnott noted that most EOC staffers in a typical emergency scenario are not actual emergency workers. Concern over the small size of the Larkspur facility, confirmed by Chief Sinnott, led to a motion that the Tiburon-Belvedere primary EOC site be changed from the Tiburon Police Station to the Belvedere facility. Ed San Diego confirmed that the room was far more suitable: larger, better fitted with storage space, and seismically sound. It was moved and seconded that the primary site be so changed. Judy Bloch recommended that Tiburon and Belvedere police and fire chiefs form an ad-hoc subcommittee to advise on ideal EOC requirements. Tom Aiello reported on ongoing SEMS training. All supervisors are taking the basi~ orientation course (approximately two hours), and all police, firefighters (including volunteers), and public works employees will be responsible for under- going modular training pertinent to their specialties. These specialty modules average four hours of training per worker. A certificate of completion/compliance will be issued to each person taking the training. ". Tom also reported that police public safety liaison Erin Inskip has been visiting neighborhood and homeowners' groups to give advice on the formation of NERTs (Neigh- borhood Emergency Response Teams) and HEARTs (Homeowners' Emergency Action REsponse Teams) . Tom suggested that a more realistic schedule for the necessary re-working of current disaster plans would be the end of the fiscal year (30 June). Ed San Diego then proposed a one-day workshop and exercise to make the necessary conversions in one whack. It was moved and seconded to hold such a meeting in Belvedere on 19 April from 8 AM to noon. Bill Singer of the Hayward Fire Department would be asked to assist. Sheila Puckett urged the discussion of school participation on a future agenda. .All parties adjourned at 6:30 PM. Respectfully submitted, ~t::lU{ I t{(~ ~Cj , " :'W' ,.... . r~...t:: ',' ',-, -,. ..'~' ,.~' .....,.. "\li!i!4 " '~'.. TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO, 1994-2 March 6, 1996 ITEM No.1 BACKGROUND The proposed Linda Vista Utilities Undergrounding Project was initiated in 1993 by residents of the Old Tiburon area to form a Rule 20B Utilities Assessment District A total of 10 property owners are affected and the estimated project cost and total amount of bond issue is $100,000, The Town Council, at its January 17, 1996 regular meeting, adopted the Assessment District Engineer's Report and approved the notice of public hearings for the proposed levy of assessments and construction of public improvements, The first public hearing took place on February 7, The Engineer of Record, Irv Schwartz, District Bond Counsel, Dan Bort of Orrick, Herrington & Sutcliffe, and several property owners spoke on behalf of the project One telephone protest was noted, but no one spoke against the project at that meeting, RECOMMENDATION I) That Town Council receive public input and close the second and final public hearing. 2) Ifwritten protests against the proposed improvement have not been made by owners representing more than one-half of the affected assessment area, Council should adopt the resolution overruling protests, 3) That Council approve the project by resolution. EXHIBITS - Memorandum from Finance Director Stranzl, dated 2/2/96 - Letter from Lawrence & Deborah Mitchell, dated 2/27/96 - Memorandum of Proceedings to be Considered by the Town Council - Parcel Map of Linda Vista Assessment District - Resolutions Overruling Protests and Approving Project RL. Kleinert JUc. Town Manager I~' TOWN OF TIBURON INTEROFFICE MEMORANDUM Date: To: From: Subject: February 2, 1996 Diane Crane, Town Clerk Richard StranzL Finance Director Proposed Linda Vista Assessment District Property Owner Objection (Beardsley) This morning I received a telephone call from Harriet Beardsley, a partner in property ownership in the proposed Linda Vista Assessment District (she referenced AP No: 59-191-16), Upon receiving Notice of the upcoming District Proceedings, she expressed objections to the proposed District. I referred her to both Dan Bort, Counsel, and Irv Schwartz, District Engineer for further questions and comments concerning the District. I provided her with the Town's FAX number ifshe wished to provide written notice of her protest and objections, Attachments: 1. Assessor's Roll, AP 59-191-16 '~ ~ ~ , .c.,.;CF:n\JED FEB 2 9 1996 \v:'od Rsland ~ssociates, Inc. Invf'stmt"nt Counsel TOWN OF TIBURON PLA"NiNG t, 8UILDING DE?T. February 27, 1996 Tiburon Town Council Tiburon Planning Department 1155 Tiburon Blvd Tiburon, CA 94920 Dear Sir: My wife and I are owners and residents at 2310 Paradise Drive, Tiburon and are part of the the Linda Vista Undergrounding Development. We attended the first meeting regardig this issue in early February, This letter is to inform you that my wife and I will not be able to attend the second and final meeting to be held on March 7th, but we want you to know that we remain HIGHLY IN FAVOR OF TillS PROJECT AND URGE THE PLANNING DEPARTMENT AND COUNCIL TO APPROVE THE MEASURE, Safety issues, visual issues and quality of life issues are all at stake, and the undergrounding is in the best interests of the majority of the citizens of Tiburon, S7;~ r/tIFiltt ~~ce & Deborah Mitchell 23!O Paradise Drive, Tiburon 435-2109 cc Betty Gertler, Tiburon Planning Dept . 'Yood J.land. Fourth Floor I 80 Eaat Sir Francis Drake Boulevard I Larkspur, C..lifornia 94939 / (415) 461-3850 / Fu. (-415) 461-8..,91 r~ MEMORANDUM OF PROCEEDINGS TO BE CONSIDERED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON ON WEDNESDAY, MARCH 6, 1996 IN CONNECTION WITH LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO. 1994-2 On January 19, 1994, the Town Council initiated proceedings in Linda vista Undergrounding Assessment District No. 1994-2 by accepting the Petitions, approving the Boundary Map, approving the engineering agreement with I. L. Schwartz Associates, Inc. and the legal agreement with Orrick, Herrington & Sutcliffe, and adopting the Resolution of Intention to Order Improvement in Linda vista Undergrounding Assessment District No. 1994-2. On January 17, 1996, this Town Council adopted a Resolution Preliminarily Approving the Engineer's Report and Setting Dates for Public Hearings. A Notice of Hearings was mailed to each property owner within Linda vista Undergrounding Assessment District No. 1994-2. A Certificate of Mailing is on file in the office of Town Clerk. On February 7, 1996, the first pUblic hearing was held as scheduled. * This is the time set for the final public hearing. It is in order for the Town Council to consider the following items at this time: A. ITEMS TO BE FILED WITH THE TOWN CLERK: 1. Waiver and Consent forms signed by property owners, authorizing assessment increases on their parcels. 2. Amended Engineer's Report. tB. COUNCIL ACTION ITEMS: 1. Resolution Overruling Protests. 2. Resolution Approving Amended Engineer's Report, Levying Assessments and Ordering Improvements. C. ADDITIONAL INSTRUCTIONS TO THE TOWN CLERK: 1. Amended Enaineer's ReDort (4 copies) On the certificate page of the Amended Engineer's Report, please do the following: a. Complete the first Town Clerk's certificate using March 6, 1996 as the filing date. b. Complete the second Town Clerk's certificate using March 6, 1996 as the approval and confirmation date. SF2.5.5101.1 4idil;Y~ " :r~,..,...:-:~_.;~': I, .~"7;i,:' " ~~l;~;,:~>'~:, ;(', ,t,~lj~~:< ", lit L >.' ,-<;'it,~?!.Y,~:~~" ,.b"b · '~~ '" ,>s:>;: ,"" '''~ - -, ',;,.",' --0,/1",; ,,',-- ~ ". ':'}'\T:~ -tl " "'\:--~...-.a .<t;3 <.'fd~:~" ,. - 7 ' f ~;:t<~' .,'r" ~..:;;~:~; ." ~ -.,' d 'f :'; ~- . " . "'~".'. . i~'''~> ,_ ':,;.~.,.o -'-'~;'.';:.. ,,~~'-i .,..~,'.',r""', , '{i""'t, re''''. ': .t". -0 \n il;:t. ~:1l Iii~ II, -0 " , ' (J) ()o ?l Vi ~ ~ . "1 I'1J ::s ~ (J) Oi ~ \, r~ <: <: Cll ()o ~I ~ ~ ~ . I'1J I'T1 -- ;-, .. (f) 8 \)~ ~~ ~~ . t g'/,.,(; ,(; gt.tl <; ;J ,,/,.,0, z t,1 .~~ - . n\ ~ \ ~[ ,Lb'C;;g 1-1 ."'bl.W N -80' ::J.. :0 ::J.. ~ :0 ~<: @ \n ~ !\l/~ il (0 ~ on~ ~ -01.... Iii ~ -t , \ii ~ " I ~ ,I"J qO.flO N /'1. bt.fJO N 1-1, ~ ~I ~ B ' :~~ ~~ ,JC t,'1 ~\r-- "" \l\_~. Lb/?'9C '" t\\' HJ.. "'led 9b 'g9 , V1 '?;.. @ -\1 V1 ~~ I' ;0 ~> c;:--, .!.. lJ ~ ~~ I '" \) <: Cll !:)>\:-J ~\~ t..j, - I'1J L'(;fJ ,!!ib vaa~al\ (igO'OOI . @ ::J.. ~ :<: \11 -C I ~ I is; ,1b ,gCI Z Cll\~ 1, "'_\~- rn fJO'~1 , 'II! ... .... """?,,""-' ,-, '\ <: ~ ~ ~- a; . t ;8 ~ ,I l> " i\j ~ ~ . ()o :{) -0 01 III ~ ~ ~: 't- - ~ in ~ ;J .<;I(;.9t.LO S ::J.. ~ ~ ~ \11 \11 'jl -0 .... J... ~ ~ ..", I ~ ~,*,;~ ...... ,..._~ ~,' :-', -.' ~.;:- "-. ~ ~ ~ ffl ~ ---- - ~ "...... ~,.. ~,""'" , '^ .,.;.- .,.,--, RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OVERRULING PROTESTS LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO. 1994-2 The Town Council of the Town of Tiburon resolves: 1. On February 7, 1996 and March 6, 1996, the Town Council held the public hearings on the Resolution of Intention and the Engineer's Report regarding the proposed public improvements in Linda vista Undergrounding Assessment District No. 1994-2, Town of Tiburon, Marin County, California. 2. At or before the close of the final public hearing on March 6, 1996, certain interested persons made protests or objections to the proposed public improvements, the extent of the assessment district or the proposed assessment. 3. The Town Council finds that the protests against the proposed public improvements (specifically all written protests not withdrawn in writing before the conclusion of the final protest hearing) are made by the owners of less than one- half of the area of the land to be assessed. 4. The Town Council hereby overrules each of these protests, written and oral. * * * III III III SP2-SS70U PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on the 6th day of March, 1996, by the following vote: AYES: NOES: ABSENT NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE L. CRANE, TOWN CLERK 802-55701.1 2 RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AMENDED ENGINEER'S REPORT, LEVYING ASSESSMENTS AND ORDERING IMPROVEMENTS LINDA VISTA UNDERGROUNDING ASSESSMENT DISTRICT NO. 1994-2 The Town Council of the Town of Tiburon resolves: This Town Council has taken a series of actions preliminary to ordering the construction of improvements in Linda Vista Undergrounding Assessment District No. 1994-2, Town of Tiburon, Marin County, California, and now makes the following findings and orders: 1. The Town Council adopted a boundary map showing the boundaries of the land benefited by the proposed improvements. A copy of the boundary map was filed in the office of the County Recorder of the County of Marin in the Book of Maps of Assessment and Community Facilities Districts. 2. The Town Council adopted its Resolution of Intention, to order the construction of improvements described therein under the Municipal Improvement Act of 1913, and directed I. L. Schwartz Associates, Inc., as the Engineer of Work for the assessment district, to prepare the report required by section 10204 of the Streets and Highways Code. The improvements are generally described as follows: Relocation of utility services within the proposed assessment district (electricity, telephone and cable television) from their present above-ground locations to below ground locations, together with all necessary and appropriate equipment and appurtenances; and the. elimination of all existing utility poles and overhead wires in the same area. 81'2-ll701.l 3. The Engineer of Work filed the report as directed, and the Town Council called two pUblic hearings on the report as required by section 10301 of the streets and Highways Code. Notice of the two public hearings was given by mail to affected property owners. A Certificate of Mailing was filed with the Town Clerk. 4. At the time and place for which notice was given, the Town Council conducted the first pUblic hearing as scheduled. 5. At the time set for the final public hearing on March 6, 1996, the Town Council conducted the final pUblic protest hearing as scheduled, and gave every interested person an opportunity to object to the proposed improvements, the extent of the assessment district, or the proposed assessment. 6. The Town Council finds that written protests against the proposed improvement have not been made by owners representing more than one-half of the area of the land to be assessed for the improvement. 7. At the close of the public hearing, I. L. Schwartz Associates, Inc., acting in its capacity as Engineer of Work for the 1913 Act proceedings, filed with the Town Clerk the written report specified by Section 10204 of the 1913 Act as directed by the Town Council, which report is entitled "Amended Engineer's Report". The Amended Engineer's Report was accompanied by a written consent, signed by the owner of each parcel for which the individual assessment was increased in the Amended Engineer's Report, and expressly consenting to such increase without further notice and hearing. This Council hereby finds and determines SFl-SS701.1 2 that individual assessments as set forth in the Amended Engineer's Report, provide for the distribution of the total cost and expense of the authorized work and improvement of this assessment district in proportion to the estimated benefits to be received. 8. This Town Council hereby further finds and determines that all actions required to be taken and all conditions required to be satisfied prior to action by this Town Council on the Amended Engineer's Report, pursuant to Section 10312 of the 1913 Act, have been taken, satisfied or waived (as in the case of the increase in specific individual assessments), respectively. 9. This Council hereby approves the Amended Engineer's Report, including all exhibits thereof, levies the individual assessments in the amounts set forth in said report and orders the construction of the improvements specified therein. 10. Bonds representing unpaid assessments will be issued, consisting of serial bonds, term bonds, or any combination thereof, in the manner provided by and pursuant to the provisions of the Improvement Bond Act of 1915 (Sections 8500 and following, California Streets and Highways Code) (the "1915 Act"), and the last installment of the bonds shall mature not to exceed twenty-four (24) years from the second day of September next succeeding twelve (12) months from their date. The Town of Tiburon will not obligate itself to advance available funds from the town treasury to cure any deficiency which may occur in the bond redemption fund. SFl.S5701.1 3 11. According to Section 10603 of the Streets and Highways Code, the Town Council designates the Director of Finance to collect and receive payment of the assessments. The property owners who elect to pay their assessments in cash before the issuance of improvement bonds will not be required to pay their pro rata share of the allowance for special reserve fund and the allowance for capitalized interest. * * * PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on the 6th day of March, 1996, by the following vote: AYES: NOES: ABSENT NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE L. CRANE, TOWN CLERK SP2-55701.1 4 TOWN COUNCIL ST AFF REPORT TO: TOWN COUNCIL FROM: SCOTT ANDERSON, L'~ PLANNING DIRECTO~--'- MEETING DATE: 3/6/96 REPORT DATE: 2/29/96 ITEM NO.: !() SUBJECT: AMENDMENTS TO CHAPTER 15A OF THE TIBURON MUNICIPAL CODE REGARDING TREES (ORDINANCE-FIRST READING) BACKGROUND On November 8, 1995, the Planning commission forwarded to the Town Council its recommendations for amendments to the Tiburon Tree Ordinance, Chapter 15A of the Town Code. On December 11, 1995, the Town Council held first reading of the Ordinance as recommended by the Planning commission. On January 3, 1996, as the Town Council prepared to hold second reading and adopt the Ordinance, Eleanor Spater of Marin Mediation Services suggested that the Town Council consider amending two definitions contained within the Ordinance. As Mediation Coordinator for the County of Marin's Mediation Services Agency, Ms. Spater is thoroughly familiar with the Town's ordinance, and has first hand experience with problematical provisions of the ordinance. As the Planning Commission had not reviewed either of the two amendments suggested by Ms. Spater, it was determined that additional review by the Planning Commission was appropriate. The Planning commission considered the amendments suggested by Ms. Spater at meetings held on January 24 and February 28, 1996, and voted to recommend adoption of the draft ordinance attached as Exhibit A. ANALYSIS A brief summary of the new changes recommended by the Planning commission is as follows: The Planning Commission agreed with Ms. Spater that a minor modification to the definition of "alteration" was appropriate for clarification purposes. Ms. Spater I s second suggestion was that "undesirable trees" not be classified as "protected trees" even if they had achieved the TIBURON TOWN COUNCIL STAFF REPORT -., 1 required 60" trunk circumference. The Commission rejected this suggestion on the basis that any tree which has achieved the required trunk circumference should be subject to permit requirements prior to removal. The Commission added wording to the Ordinance to clarify the Town's position on this matter, which was established in 1991 after careful consideration. The Commission also accepted a Staff-initiated change to reference the Sunset Western Garden Book as a guide to tree growth rates and height at maturity, used to determine whether a tree is an .undesirable" species. Detailed discussion of the proposed changes and the Commission's recommendations are contained in Exhibits B through E. A final complete copy of the proposed modified Tree Ordinance, incorporating the Commission's recommended changes, is attached as Exhibit F. Modified sections are in italics and underlined. RECOMMENDATION That the Council hold a public hearing, move to read by title only, and hold a roll call vote on first reading of the ordinance. EXHIBITS A. Draft Ordinance. B. Planning Commission staff report of January 24, 1996. C. Planning commission minutes of January 24, 1996. D. Planning commission staff report of February 28, 1996. E. Draft Planning Commission minutes of February 28, 1996. F. Complete text of Tree Ordinance incorporating Planning Commission-recommended changes. \scott\treetc3.rpt TleURON TOWN COUNCIL STAFF REPORT .>MI' 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 1SA OF THE TIBURON MUNICIPAL CODE (TREES) section 1. Findings. WHEREAS, the Planning commission held public hearings on October 25 and November 8, 1995, and held further discussions on January 24 and February 28, 1996, and has received public testimony on this matter and has recommended amendments to Chapter 15A; and WHEREAS, the Town Council has held public hearings on December 11, 1995, January 3, 1996, March 6, 1996, and March 20, 1996, and has received public testimony on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Planning commission and Town Council have found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that the project is categorically exempt from the requirements of CEQA per Section 15308 of the CEQA Guidelines. section 2. Cha~ter 1SA of the Tiburon Municipal Code Amended. Chapter 15A of the Tiburon Municipal Code is hereby amended as follows (amended text is in italics and underlined) : (A) Policy No. 1 of section 15A-1 is amended to read as follows: Policy #1: The Town recognizes the scenic importance, shade-creating. and privacy-creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. Town ofTiburon Ordinance No. N.S. Adopted _/ ~/_ EXHIBIT NO. A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (C) (D) (B) Policy #2 of Section 15A-l is revised to read as follows: policy #2: The Town recognizes the special significance of "protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. Any tree (including an "undesirable tree") which has attained the size of trunk to qualify as a ~eritage tree". as defined herein. will be provided the oermit protection afforded by this chapter. The definition of "alteration" in section 15A-2 is amended to read as follows: "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: 1. Cutting of its trunk or branches; 2. Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or 3. Performing other damaging acts. This definition does llQt include routine pruning and shaping, removal of dead wood, or other maintenance of a tree (including a protected tree) to improve its health, facilitate its growth or maintain its configuration to protect an existing view. The definition of "undesirable tree" in section l5A-2 is amended to read as follows: "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. An "undesirable tree" consti tutes a "orotected tree" if it meets the cri teria set forth in that definition. Information on tree heights and growth rates shall be determined using a recent edition of the Sunset Western Garden Book. If the required information is not available in the Western Garden Book. then other sources may be substituted in the reasonable discretion of the Town. Town ofTiburon Ordinance No. N.S. Adopted -.! _1_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 (E) The final paragraph of Section 15A-5 is amended to read as follows: The Planning Director may require additional information to secure the purposes of this Chapter, including a report by a certified arborist satisfactory to the Town, and/or a tree inventory of the subject property. when reasonably necessary to make a final determination. The cost of any such report or additional information shall be responsibility of the applicant. ' (F) The first paragraph of section 15A-6 is amended to read as follows: Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available County Assessment rolls, within 300 feet of the subject property, and to residents and other parties. including homeowners associations. which in the discretion of the Director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten (10) days prior to a decision by the Director. (G) The first paragraph of Section 15A-7 is amended to read as follows: The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies, and regulations set forth in this Chapter. The Planning Director shall have the discretion to refer any application to the Design Review Board for hearing and action. and the Board shall have all authority and discretion of the Planning Director. as set forth in this Chapter. in acting on applications. section 3. Separability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Town of Tiburon Ordinance No. N.S. Adopted _1-.1_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 section 4. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on March 20, 1996, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK \scott\treerev.ord Town ofTiburon Ordinance No N.5 Adopted _1_1_ ,t'" r ( PLANNING COMMISSION ST AFF REPORT TO: PLANNING COMMISSION MEETING DATE: 1/24/96 FROM: SCOTT ANDERSON, ~ PLANNING DIRECTOR ITEM NO.: SUBJECT: TREE ORDINANCE REVISION---CONSIDER ADDITIONAL CHANGES BACKGROUND On November 8, 1995, the Planning Commission forwarded to the Town Council its recommendations for amendments to the Tiburon Tree Ordinance, Chapter 15A of the Town Code. On December 11, 1995, the Town Council held first reading of the Ordinance as recommended by the Planning Commission. On January 3, 1996, as the Town Council prepared to hold second reading and adopt the Ordinance, Eleanor Spater of Marin Mediation Services suggested that the Town Council consider amending two definitions contained within the Ordinance. As Mediation Coordinator for the County of Marin's Mediation Services Agency, Ms. Spater is thoroughly familiar with the Town's ordinance, and has first hand experience with problematical provisions of the ordinance. As the Planning Commission had not reviewed either of the two amendments suggested by Ms. Spater to the Town Council, Staff determined that review by the Planning Commission was appropriate. SUGGESTED AMENDMENTS TO DEFINITIONS The first suggested amendment by Ms. Spater is to revise the definition of "Alteration" as follows (changes are in italics): "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: 1. Cutting of its trunk or branches; 2. Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or 3. Performing other damaging acts. This definition does not include routine pruning and shaping, removal of dead wood, or other maintenance of a tree (including a protected tree) to improve its health, facilitate its growth or maintain its configuration to protect an existing view. TfBURON PLANNING COMMISSION STAFF REPORT ,1241f}fI 1 is EXHIBIT No., #' ,~ j' ~, ( ( The purpose of this change would be to clarify that protected trees are also subject to the exclusions contained within this part of the definition. The second suggested amendment by Ms. Spater is to revise the definition of "Protected Tree" as follows (changes are in italics) : "Protected Tree" means any: 1. Heritaae tree, meaning any tree (except an Undesirable tree, as defined herein) which has a trunk with a circumference exceeding sixty (60) inches, measured twenty-four (24) inches above the ground level. 2. Oak tree, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak, or valley oak tree. 3. Dedicated tree, meaning a tree of special significance so designated by resolution of the Town Council. The suggested modification would allow the removal without a permit of any heritage tree which also meets the definition of .undesirable tree" (ie., Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity). The request for this change stems from a misunderstanding of the current ordinance. Ms. Spater was of the belief that the ordinance intended to disqualify undesirable trees from being heritage trees, but that it failed to clearly do so. In reality, the opposite is true. DISCUSSION Staff views the first suggested amendment as redundant but harmless. The existing definition applies to all trees; specifically adding "protected trees" will not change that fact. However, if it reduces confusion of persons using the ordinance, then Staff has no objection to the amendment. The second suggested amendment would constitute a major policy change on the part of the Town, as this issue was specifically addressed during the 1991 revision of the Tree Ordinance. At that time. the Planning Commission and Town Council determined that ~ tree meeting the circumference requirement for a heritage tree deserved the benefit of the doubt because of its stature, and should require a permit prior to removal. 11BURON PLANNING COMMISSION STAFF REPORT ,n_ 2 ~p . ... ~":~ . '-'~'<'- -'i:~~::~ '. ~..> .,'T'"., " ~.." ,',~ . ',;, <'i ~ , .. ( ( staff also sees potential enforcement problems in that the definition of "undesirable tree" includes almost all fast-growing trees which can reach 35 feet in height. It would be difficult for Staff to investigate complaints concerning the removal of possible heritage trees if only a stump remains with no indication of tree species left behind. As currently written, the stump alone is enough for Staff to determine whether a removed tree was a heritage tree, because only the circumference need be known, not the species. The suggested revision would make such determinations virtually impossible. Moreover, the concept of "Undesirable tree" as used in the Tree Ordinance is primarily for preventive purposes; it requires a permit prior to planting, such trees. The concept was not intended as an attack on pre-existing trees. A separate Town Ordinance, the View and Sunlight Ordinance, treats Undesirable trees in a somewhat different manner, but is not the subject of these amendments. ADDITIONAL AMENDMENT RECOMMENDED BY STAFF Staff would request that the Commission consider another modification to the Tree Ordinance intended to provide clarification. The definition of "Undesirable Tree" includes reference to rate of growth and height at maturity, yet no source for making such determinations is established. Staff has always used the Sunset Western Garden Book in making such determinations, and recommends that this be made clear in the Ordinance. The definition of "Undesirable tree" would be revised as follows (new wording in italics): "Ondesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. This information shall be determined using a recent edition of the Sunset Western Garden Book. If the required information is not available in the Western Garden BQQK, then other sources may be substituted in the reasonable discretion of the Town. EFFECT ON PREVIOUS AMENDMENTS None of the amendments discussed in this report have any effect on the amendments previously sent to the Town Council by the Planning Commission. TIBURON PLANNING COMMISSION STAFF REPORT ,,..,,,. 3 ;. .~~ .'",.t p -;,) "-'ri'.~~':'.~ ~"'~'"'' ~" . ',' ,'... ,',' , ,:'" .1 . ( ( RECOMMENDATION That the Planning Commission consider the proposed amendments and direct staff to forward an appropriate draft Ordinance to the Town Council. ,Minute action will suffice; no resolution is necessary. EXHIBITS 1. Adopted Tree Ordinance (Chapter 15A of Town Code). 2. Draft Ordinance amending the Tree Ordinance, previously considered by Town Council on January 3, 1996 but not adopted. \scott\treepcrv.rpt TlBURON PLANNING COMMISSION STAFF REPORT ,...... r','~d': ,,~.~""""~~~.. ~"~.>-.f'~'T\!. ...~ 4 .;',.....u "";""~'t F/ ~/oreek below and '" fe adding more mitigating factors ~ e ou,e, beijow:..J She ,ugge"ed regarding Efie-crees. Heckmann said that he thinks that there is some middle ground that could be reached. He said that the building envelope could be adjusted somewhere between the original envelope and the proposed one. Siewert stated that if it could be proven by the applicant that there would be no visual change for any of the surrounding areas, she would support the proposed building envelope. The Commission discussed possible suggestions for a compromise between the original building envelope and the proposed building envelope. Schrier said that the important question is if there is substantial reason for changing the envelope. He asked Heckmann if he feels that the existing building envelope is workable and he replied that it is absolutely workable. Siewert wrapped up the Commission discussion by stating that the only benefit of the new proposal is that the house would be lower on the site, while the negative aspect is that more oak trees would be cut. She feels that the original envelope was placed there to preserve the oak trees. M/S SChrier/Greenberg (5-0) recommending denial of the project, giving the applicant the option of coming back before the Commission with new plans within 60 days, with the fees being waived. Staff advised the applicant that the Commission's decision was final unless appealed to the Town Council within 10 days. PLANNING COMMISSION DISCUSSION ITEMS -I 4. TREE ORDINANCE REVISION--CONSIDER ADDITIONAL CHANGES. Anderson stated that on November 8, 1995, the Planning Commission forwarded to the Town Council its recommendations for amendments to the Tiburon Tree Ordinance, Chapter 15A of the Town Code. TIBURON PLANNING COMMISSION MINUTES OF JANUARY 24, 1996 Minutes No. 748 7 EXHIBIT NO. C ~~:....~;.. -,-: '~7":t j.,.~u, . . "" ::- Q) l-I . , On December 11, 1995, the Council held first reading and on January 3, 1996, as the Council prepared to hold second reading, Eleanor Spater, Mediation Coordinator for the County of Marin's Mediation Services Agency made some suggestions for further amendments which had not been considered previously by the Planning Commission. It was determined that the best approach would be to send it back to the Commission, so that the Council would have the benefit of the Commission's recommendation before it held the second reading. Anderson stated that the first suggested amendment by Ms. Spater is to change the definition of "Alteration" of a tree to make it very clear that protected trees are included within that Qefinition. Anderson said that the second change dealt with the definition of "Protected Tree." As the Ordinance currently reads, any tree that has a circumference greater than 60 inches is considered a protected tree and a permit is required to remove it. He said that Mediation Services deals with that issue quite 'frequently in relation to the View Ordinance and believe that there would be some benefit to removing "Undesirable Trees" from the list of protected trees. He said that this would be a significant policy change and Staff sees some problems with it. Staff initiated one other amendment to clarify what is used for making determinations as to how fast trees grow and height at maturity. Staff has always used the Sunset Western Garden Book and would like to make it clear in the text of the Ordinance that this is what Staff uses. Siewert asked if there were any public comments. Eleanor Spater, Mediation Coordinator of Mediation Services for the County of Marin, stated that her suggested first amendment came about because when she is working on a dispute, people feel that protected trees cannot be pruned. Ms. Spater mentioned that the suggested second amendment was brought up by her partner, Jody Becker. The Commissioners discussed the proposed amendments in depth. They accepted the first suggested amendment by Ms. Spater as written. Staff was given direction to come back with language for the second suggested amendment by Ms. Spater for ~he revision of Policy #2 and revisions to the definition of "Undesirable Tree." It was moved, seconded, and unanimously carried to continue this item to the February 28, 1996, Planning Commission meeting. .t:',8~... '~..,. ~l' ..,-.Js_._.... .,.2._- ..... . '.J.''lC:;, . - . . PLANNING COMMISSION STAFF REPORT TO: PLANNING COMMISSION SCOTT ANDERSON, ~ PLANNING DIRECTOR MEETING DATE: 2/28/96 ITEM NO.: d-. FROM: SUBJECT: TREE ORDINANCE REVISION--FINAL REVIEW OF SUGGESTED CHANGES BACKGROUND On January 24, 1996, the Planning Commission reviewed suggested changes to the Town's Tree Ordinance. At that meeting, the Commission agreed to the changes concerning the definition of "Alteration" suggested by Eleanor Spater, and also agreed to the Staff-recommended change concerning reference to the Sunset Western Garden Book. Only one issue remained unresolved, concerning the issue of undesirable tree species qualifying as protected trees. The Commission directed that staff return with proposed final wording to address this issue (see minutes attached as Exhibit 1). The Commission should bring the packet materials from the 1/24/96 meeting. ANALYSIS Staff was directed to prepare suggested modifications to Policy #2 on the first page of the ordinance, and to the definition of "undesirable tree". Staff suggests the following changes to Policy #2 (changes in italics): Policy #2: The Town recognizes the special significance of .protected trees" (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. The Town believes that any tree which has attained the size of trunk to qualify as a "heri tage tree ", as defined herein, is worthy of the permit protection afforded by this chapter. Staff suggests that the definition of .Undesirable tree" be revised as follows (new wording in italics): "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than .3 feet per year in height TleURON PLANNING COMMISSION STAFF REPORT 2120m 1 EXHIBIT NO. D .. . r::: . and is capable of reaching a height of over 35 feet at maturity. An 'tzndesirable tree" constitutes a "protected tree" if it meets the criteria set forth in that definition. Information on tree heights and growth rates shall be determined using a recent edition of the Sunset Western Garden Book. If the required information is not available in the Western Garden Book, then other sources may be substituted in the reasonable discretion of the Town. RECOMMENDATION That the Planning Commission consider the final suggested wording and direct Staff to forward an appropriate draft Ordinance (Exhibit 2) to the Town Council. Minute action will suffice; no resolution is necessary. EXHIBITS 1. Minutes of the January 24, 1996 meeting. 2. Draft Ordinance for Town Council consideration. \scott\tre2pcrv.rpt neURON PLANNING COMMISSION STAFF REPORT 2/2.... 2 a 1 I J UNFINISHED BUSINESS 2. TREE ORDINANCE REVISION--FINAL REVIEW OF SOGGESTED CHANGES. Anderson stated that this item was last heard at the January 24, 1996, Planning Cormnission meeting. He said that after that meeting, only one issue remained unresolved and it dealt with the language concerning "heritage trees" also qualifying as protected trees, which Staff was to come back with. Staff has provided the Commission with the requested changes to those two sections and recormnends that the Cormnission recormnend that the Council adopt these changes, in addition to those recormnended previously at the January 24, 1996, meeting. Siewert asked if there were any public cormnents. Greenberg feels that the new language for Policy #2 is not written in the tone of a policy and does not reflect the Commission's intention. The Commissioners discussed the new language proposed by Staff and made changes to it. Staff was given direction to make further changes to the language. Heckmann stated that the changes made to the Tree Ordinance are appropriate, with this one refinement, and carry the spirit of what the Cormnission discussed at the last meeting. M/S Greenberg/Schrier (5-0) to recommend that the Council adopt the changes to the Tree Ordinance, as amended. TIBURON PLANNING COMMISSION MINUTES OF FEBRUARY 28, 1996 Minutes No. 749 3 EXHIBIT NO. E Section 15A-1: Section 15A-2: Section 15A-3: Section 15A-4: Section 15A-5: Section 15A-6: Section 15A-7: Section 15A-8: Section 15A-9: Section 15A-10: CHAPTER 15A: TREES Purpose and Policy. Definitions. When a Permit is Required. Exceptions from Permit Requirement. Application Filing and Procedure. Application Review Procedure. Permit Issuance. Appeal. Termination of Permit. Violation/Penalty. 2 EXHIBIT NO. F' section lSA-1. Purpose and policy. The Tiburon General Plan recognizes the importance of trees to the character and beauty of the Town, and recognizes the role that trees have in advancing the public health, safety and welfare. The Town has therefore determined that reasonable regulation of the removal, alteration, and planting of certain trees is necessary to promote the public health, safety and general welfare of the community. Regulation of trees is based upon the following general policies. Policy #1: The Town recognizes the scenic importance, shade- creating. and privacy-creating benefits of trees to the community. The Town also recognizes that trees can provide soil stability, noise buffering, and wind protection benefits, and can help prevent erosion and debris flow landslides on the hilly terrain which characterizes most of Tiburon. The Town of Tiburon greatly values its trees for their ecological importance, visual enhancement of the community, and their contribution to residential privacy and quietness. Policy #2: The Town recognizes the special significance of .protected trees. (heritage trees, oak trees, and dedicated trees), and values the contribution which such trees make to the beauty and quality of life of Tiburon. ~ ~ (including gn ~ndesirable tree"' which ~ attained thg ~ Q! trunk tQ qualify ~ g ~eritage tree". ~ defined herein. ~ ~ provided ~ permit protection afforded ~ ~ chapter. Policy #3: The Town recognizes that certain types of trees, because of potential breakage and fire hazards, or their potential for creating view blockage due to rapid growth and tall height at maturity, should be prohibited from being planted without special permission. These trees are referred to as "undesirable trees". policy #4: The Town recognizes that because of the known benefits of trees, undeveloped properties and properties capable of further subdivision should be protected from unregulated removal of trees prior to the approval of development plans. Trees on such properties should be preserved so that they may be considered for incorporation into development plans. policy #5: The Town recognizes that residents in single family and two-family zones should have the freedom to determine the nature of their private landscaped surroundings. In such zones, only the removal or alteration of "protected trees" and the planting of "undesirable trees" shall require permits. Policy #6: The Town recognizes that properties located in zones other than single family and two-family residential zones often 3 have special landscaping circumstances, including commonly-owned or shared areas, and these special circumstances have the potential to affect significantly larger numbers of persons and properties if unregulated. Because of the potential for special landscaping circumstances, such properties require careful regulation. Therefore, all trees on such properties should be subject to reasonable regulation through the permit process. section 15A-2. Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings ascribed to them: "Alteration" means any action which would significantly damage the health or appearance of any tree, whether by: 1. Cutting of its trunk or branches; 2. Filling or surfacing or changing the drainage of the soil within the drip-line of the tree; or 3. Performing other damaging acts. This definition does not include routine pruning and shaping, removal of dead wood, or other maintenance of a tree (including g protected tree) to improve its health, facilitate its growth or maintain its configuration to protect an existing view. "Design Review Board" means the Tiburon Design Review Board or its successor. "Person" means any individual, corporation, partnership, firm, or other legal entity, including the Town. "planning Director" means the Planning Director of the Town or his designee. "Planting" means the intentional installation or placement of a tree. "Property" means any land or area within the corporate limits of the Town of Tiburon which is subject to its regulatory authority. "Protected Tree" means any: 1. Heritaae txgg, meaning any tree which has a trunk with a circumference exceeding sixty (60) inches, measured twenty-four (24) inches above the ground level. 2. Qgk txgg, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak, or valley oak tree. 4 3. Dedicated~, meaning a tree of special significance so designated by resolution of the Town Council. "Removal" means the elimination, movement, or taking away of any tree from its present location. "Shrub" means a woody perennial plant smaller than a tree, usually having permanent stems branching from or near the ground. "Single family residential zone" means any property located in a zone for which the principal use is detached single family residential. Typically, this means the R-l, R-l-BA, RO, or RPD zone as shown on the Tiburon Zoning Map. "Town property" means any property owned in fee by the Town of Tiburon, or any easements, rights-of-way, or other similar interests of the Town in property. "Tree" means: 1. A woody perennial plant which has a trunk circumference of twenty (20) inches measured at twenty-four (24) inches above ground; ~ 2. A woody perennial plant at least fifteen (15) feet in height which usually, but not necessarily, has a single trunk. References to "tree" shall include the plural. The Planning Director or his designee shall have reasonable discretion to distinguish between a "tree" and a "shrub" within the confines of the definitions found in this Chapter. "Two-family residential zone" means a property located in a zone for which the principal use is two-family or duplex residential. Typically, this means the R-2 zone as shown on the Tiburon Zoning Map. "Undesirable tree" means a Blue Gum Eucalyptus, Monterey Pine, Monterey Cypress, Coast Redwood, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. .i'lJ1 "undesirable tree" constitutes .<l "protected tree" L! it meets tbg criteria ~ forth in thdt definition. Information Qll ~ heights and growth rates shall ~ determined using g recent edition Q! thg Sunset Western Garden Book. It thg required information ~ llQt available 5 La ~ Western Garden Book. ~ other sources ~ Qg substituted La ~ reasonable discretion Q! ~ Town. "undeveloped property" means any property which: 1. Is not improved with a primary building (for example, a dwelling unit or place of business); or 2. Is improved with a primary building, but is of sufficient land area that it could be subdivided. Subdivision potential shall be based upon the minimum lot area requirement for the zone in which the property is located. (Refer to Tiburon Zoning Ordinance for minimum lot areas in each zone). Section 15A-3. When a Permit is Required. The planting, removal, or alteration of the following trees is regulated by this Chapter and shall require a permit: Protected~: Removal or alteration of any "protected tree" on any property is prohibited without the prior issuance of a permit. Undesirable~: Planting of any "undesirable tree" on any property is prohibited without the prior issuance of a permit. ~ Propertv: Planting, removal, or alteration of any tree on "Town property" is prohibited without the prior issuance of a permit, except that in cases of Town action on Town property, only the removal or alteration of a "protected tree" or the planting of an "undesirable tree" shall require a permit. Undeveloped Property: Removal or alteration of any tree on "undeveloped property", including property which could be subdivided, is prohibited without the prior issuance of a permit. sinole Family ~ Two-Family Residential Zones: Removal or alteration of any "protected tree" or the planting of any "undesirable tree" is prohibited without the prior issuance of a permit. ~ other zones: Removal or alteration of any tree located in a zone other than a "single family residential zone" or a "two-family residential zone" is prohibited without the prior issuance of a permit. Section 15A-4. Exceptions from Permit Requirement. A permit shall not be required under this Chapter if the planting, alteration, or removal of a tree has been authorized by a zoning, sUbdivision, or other valid. permit issued by the Town. 6 The burden shall be on the applicant to demonstrate such approval. If personal injury or property damage is imminently threatened, or the Fire Marshal declares a tree to be a fire hazard, the Chief of Police, Superintendent of Public Works, Planning Director, or Town Manager may authorize or order the removal or alteration of a tree without compliance with other provisions of this Chapter. The removal or alteration carried out in such emergency conditions shall be reported to the Planning Director on the first business day following the work. section lSA-S. Application Filing and Procedure. Any person wishing to plant, remove, or alter a tree regulated by this Chapter shall apply in writing to the Planning Director for a permit. Application forms are available in the Planning Department. The fee for such application shall be established by resolution of the Town Council. Applications filed with the Planning Director shall: a. Identify the property on which the tree is located. b. Provide a perimeter outline of any existing or proposed buildings on the property. c. Specify the location of the tree within reasonable accuracy to facilitate easy identification. d. State the species of the tree, the approximate height of the tree (currently and at eventual maturity), and the circumference of the trunk measured at twenty four inches above the ground surface. e. Furnish a statement of the reason for the request. f. Provide evidence, in writing, of property owner permission. The Planning Director may require additional information to secure the purposes of this Chapter, including a report by a certified arborist satisfactory to the Town, and/or g ~ inventory Q! tbg subject property. when reasonably necessary to a final determination. The cost of any such report or additional information shall be responsibility of the applicant. section lSA-6. Application Review Procedure. Once the Planning Director determines that the application is complete, he should cause to be mailed "courtesy" notices to all owners of property, as listed on the available County Assessment rolls, within 300 feet of the subject property, and to residents and other parties~ including homeowners associations. which in the discretion of the Director, may be significantly affected. The notice should briefly describe the proposed work to be performed. Courtesy notices should be mailed at least ten (10) days prior to a decision by the Director. 7 On applications for planting an undesirable tree, the Planning Director shall within 15 days inspect the site and shall consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: a. The suitability of the location for the tree requested to be planted. b. The potential for unreasonable or undesirable view blockage by the tree at maturity. On applications for the alteration or removal of trees, the Planning Director shall within 15 days inspect the trees and the site. The Director shall then consider the following factors in deciding whether, in the exercise of his discretion, to issue or deny the permit: a. The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services. b. The necessity of removal or alteration of the tree in order to develop the property. c. The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. d. The number of trees in the neighborhood, and the effect of' removal or alteration of the tree on the character of the neighborhood, including privacy impacts on neighboring properties. e. Good forestry practices; i.e. the number of healthy trees that a given property will support. f. The historical significance and age of the tree. section 15A-7. Permit Issuance. The Planning Director may issue the permit upon finding that it would be consistent with the purposes, policies, and regulations set forth in this Chapter. ~ Planning Director shall ~ ~ discretion ~ refer ~ application ~ ~' Design Review Board ~ hearing gng action. gng ~ Board shall ~ Qll authority ana discretion Qf the Planning Director. as sat forth in ~ Ordinance. in acting Qfl ap~lications. The Planning Director may attach such conditions to the permit as deemed necessary, in the exercise of his discretion, to accomplish the purposes of this Chapter. Such conditions may include, but are not limited to, regulation of planting, cutting, 8 grading, drainage, irrigation, encroachment into drip-line areas, paving and surfacing limitations, maintenance of trees at a maximum height, and erection of protective fencing. Replacement of removed trees, on a basis of up to 3 to 1, may also be required as a condition of approval. Where appropriate, any conditions attached to a permit shall run with the land and apply to permittee's successors in interest. The Planning Director may direct that any permit shall be recorded with the Marin County Recorder. Section 15A-8. Appeal. The decision of the Planning Director may be appealed to the Design Review Board. A written appeal must be filed with the Planning Department within ten (10) days of the decision. No permit granted under the provisions of this Chapter shall be effective until the expiration of ten (10) days following the granting of such permit. If an appeal is filed, action under any permit shall be suspended pending the outcome of the appeal. The Design Review Board shall hear the appeal within thirty (30) days of its filing. Notice of the time and place of the appeal hearing shall be given to the applicant, appellant, and other persons as deemed appropriate by the Planning Director. The Design Review Board may affirm, reverse, or modify the decision of the Planning Director. The decision of the Board shall be final. section 15A-9. Termination of Permit. Unless a longer time is set forth in the permit, a permit shall be valid for only 180 days from final approval, and thereafter shall become null and void. For good cause, time extensions may be granted in writing by the Planning Director. section 15A-l0. Violation/Penalty. A. Planting or refusing to remove a tree planted in violation of this Chapter is hereby declared to be a public nuisance, and the Town Attorney, on direction of the Town Council, shall initiate necessary proceedings for abatement of the nuisance in a manner provided by civil law. B. Any person who alters, removes, or maintains a tree in violation of this Chapter, or who violates the conditions of any permit granted under this Chapter, is guilty of a misdemeanor and upon conviction shall be subject to a fine not exceeding $1000.00 for each violation, or the maximum amount allowed by Government Code section 36901, whichever is greater. Each tree altered, ~emoved, or maintained in 9 violation of this Chapter shall be considered a separate violation. section ~ SeDarability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. 10 TOWN OF TIBURON STAFF REpORT To: From: Subject: TOWN COUNCIL TOWN MANAGER APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY APPLICATIONS FOR EXTERIOR ALTERATIONS ON MAIN STREET March 6, 1996 ITEM NO. II Date: BACKGROUND A number of Main Street businesses are facing civil suits for noncompliance with ADA access requirements and have submitted building permit applications to construct a system of ramps, landings and handrails on the Town-owned Main Street right-of-way. The Design Review Board considered applications for 13-19 Main Street, 38 Main Street and 10 Main Street on November 16, 1995. At that meeting, the Design Review Board voted to deny the applications on the basis that the cumulative effect of the proposed improvements would create an impediment to pedestrian traffic flow, thereby creating a possible traffic hazard and threatening the health, safety and welfare of pedestrians on Main Street. The Board also said the changes would be unsightly and adversely affect the unique visual character of Main Street. The owners of the above properties, Purdy Family Trust, Main Street Properties, and Amir Hossein Zandvakili, each filed an appeal of the DRB decision to deny their applications, On February 7, 1996, the Town Council heard the appeal of the above applicants, and conducted an extensive public hearing. Town Attorney John Sharp advised Council not to make a ruling until he was able to advise them in closed session, Council adjourned to closed session on February 20, 1996 and continued the hearing of the above appeals for a decision at its March 6 regular meeting, R.L Kleinert 01 vI Town Manager ^fvl\ EXHIBITS --Excerpt from February 7, 1996 Town Council Minutes. r l Moved: Vote: Thayer, Seconded by Hennessy AYES: Unanimous Motion: To Read by title only the Ordinance Authorizing Processing Procedures for the new Library Thayer, Seconded by Thompson AYES: Unanimous Moved: Vote: Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Establishing Planning and Approval Procedures for the Belvedere- Tiburon Municipal Library." Motion: Moved: Vote: To Pass Second Reading and Adoption Hennessy, Seconded by Thompson AYES: Ginalski, Hennessy, Thayer, Thompson, Wolf NOES: None ABSENT: None 6, Review of Plans for Construction at 1860 Centro West Item movedforward H. PUBLIC HEARING 7. Linda Vista Undergrounding Project Town Manager Kleinert commended Betty Girtler for her work in organizing the effort, started in 1993, on behalf of the neighborhood, He said it was a Rule 20(b) project, therefore the cost was to be borne by the property owners, During public hearing, Dan Bort of Orrick, Herrington & Sutcliffe, bond counsel for the project, said he hoped the bids would be below estimate ($100,000). He also stated the property owners had agreed to raise their assessments to lower the assessment on Lot # 1. Betty Girtler, II Linda Vista, said there would be improved views and benefits for the represented 10 property owners. Larry Mitchell, 2310 Paradise Drive, thanked Betty, and said there would be improved views and safety [from wind storms] by undergrounding the utilities. Irving Schwartz, District Engineer, said there were nine bidders on the project Item continued to second hearing on March 6, 8, Appeal of Design Review Board Decision denying applications to construct ramps and rails at 13-19,38 and 10 Main Street Interim Town Attorney John Sharp cited safety and design concerns for the denial and suggested that the plaintiffs in the lawsuit would ask the Town to supersede its usual procedures and police powers in order to grant the applications, He also said the plaintiffs would contend that the Town had its own design for Main Street that it wanted to promote. He told Council that he would advise them in closed session regarding the above issues, TOWN COUNCIL MINUTES #1078 February 7, 1996 3 r l L and suggested that Council consider the appeals per their usual procedure but refrain from making a final decision that night. Contract Planner Allsep described the applications and said that the Design Review Board had considered the orderly development and preservation of the Town, as well as public health, safety and welfare in denying the applications. She suggested that the application for a ramp at 10 Main Street was different in that it fronted a pedestrian plaza [on Tiburon Boulevard), Allsep said that with certain changes that application might be remanded to the DRB. She recommended upholding the denial of the other two applications. Town Engineer Mohammadi cited the Building Code and traffic safety concerns as reasons for upholding the decision ofDRB. Mayor Wolf opened the public hearing. Patrick Connally, plaintiff in Connally v. Main Street Businesses, resident of San Rafael, said Town Staff was engaging in "handicapism" and that he was tired of having his civil rights denied, He said that if the Town was receiving any federal funding, it should comply with the Americans with Disabilities Act for public access, Councilmember Ginalski took exception to Mr, Connally's remarks about "handicapism," Vernon Cox, Executive Director of Next Step, and staff person with the Marin Country Center for Independent Living, resident of Mill Valley, said that he and Town Manager Kleinert had participated in a "barrier awareness" day several years ago, He said that changes were needed in order to make some of the stores on Main Street accessible. Amir Zandvakili, defendant, resident of Piedmont, asked Council to consider all the points made by Town Staff, and said his ramp would be made of the same material as the [pedestrian] plaza. Ellen Lever, resident of Mill Valley, said that aesthetics did riot have to be compromised and asked Council not to leave out disabled persons for reasons of aesthetics, She said disabled persons have money to spend and would like to spend it in [Tiburon] stores, Russ Bulke, resident of Larkspur, member of "Indoor Sports Club" said he did not want to be "helped" and wanted to go into a store and look around for himself Dian Ashley, President ofTiburon Peninsula Chamber of Commerce, said all the [Tiburon] merchants were concerned about access but called for patience in working towards a solution, Dennis Perkins, resident of Mill Valley, (and employee of Main Street Properties), asked where in the Town code the laying of sidewalk (i,e, ramps) was prohibited, and asked why an encroachment permit was needed. TOWN COUNCIL MINUTES # 1 078 February 7. 1996 4 r Building Official Bloomquist said that the proposed ramps were not sidewalks, and therefore were not exempt. Gary Gravallo, Hassard, Bonnington Law Firm, attorney for Main Street Properties, asked why the ramp application at 10 Main Street would be considered and what was different between that ramp and the proposed ramp at 38 Main Street. Town Engineer Mohammadi said that Town Staff had to compare all the ramp applications on Main Street and look at them as a "ramp system." He said the ramp at 38 Main Street would force pedestrians out into the street and therefore was not safe. Councilmember Hennessy asked Mr. Gravallo if he had considered changing the entrance to 38 Main Street to the side of the restaurant [Rooney's]. Mr. Gravallo said he had not. Emmett Stanton, Pillsbury, Madison & Sutro, attorney for the Purdy Family Trust, said that the Town had put forward "bogus" safety issues and aesthetics and if the Town continued to deny the applications, it would become a party to the lawsuit. Tom Frankovich, attomey for Plaintiffs, 586 Virginia Drive, said that all the businesses wanted to settle and that plaintiffs did not want to bring the Town into the lawsuit. L Mayor Wolf asked if[ramps for] all the businesses in the lawsuit were represented on [the Planning Department's] map, Mr, Frankovich said that Tiburon Tommie's was not shown. Councilmember Hennessy asked Mr. Frankovich ifhe knew of any other communities that were faced with the prospect of "undulating sidewalks," Mr. Frankovich cited South San Francisco. Mayor Wolf closed the public hearing. Councilmember Hennessy questioned how a person using a walker would be able to get around on an undulating sidewalk. She also said that not all the solutions had been looked at. Council member Ginalski reserved comment until after the closed session. Councilmember Thayer concurred with Ginalski. Councilmember Thompson concurred but said the Town wanted to comply with ADA but had to face issues of public health and safety, He said he was disappointed that the property owners had not looked at other solutions, Mayor Wolf thanked everyone for coming and echoed Thompson's comments that the Town wanted to accomodate everyone, Item was continued for discussion in closed session on February 20 and for further comment and Council action on February 21. L TOWN COUNC" M",mF' "". '''''''"'' '. "" / ' , . DIANNE McKENNA, CHAIR Association 01 a.y AI'N GoYernments JAMB SPERING, VielE CHAIR 5oLJno County and Cilies JANE BAKER Cities of San Ma~ Counry 'AMES T. BEALL JR. SlntaCloilraCOlJnty SHARON BROWN Cities of Contra Costa County JOE BROWNE ~ Business, Trilnsportalion and Housing Agency EDWAlD R. CAMPlEll Alameda County DoRENE M. GIACOI'INI U.$. Oepartmerllol Transportation MARy GRlfAN San Mateo County ELIHU HAIIIS Cit~ of Alameda County TOM HSIEH (fly and County of San Francisco 'EAN McCOWN Gties of Santa Clara County FlED NEGRI N4Ip.i County and Cities JON RUIIN s.n FrBICisco Mayor's Appointee ANGElO ,. SIRACUSA s.n friilncisco B.liy Conservation .-.d Development Commiuion TOM TORLAKSON Contra Costa County Douc WilSON Marin County and Cilies SHARON WRIGHT Sonoma County and Cities LAWRENCE D. DAHMS Exec::uriveOireclor WILLIAM f. HIEIN Deputy El(eculive Director UIVL ~, /2- MTC METROPOLITAN TRANSPORTATION COMMISSION IX1jgCC~O\w~~ fEB 2 8 1996 TOWN MANAGER'S OFFICE: TOWN OF TIBURON February 26,1996 Mr. Robert Kleinert Town Administrator Town of Tiburon 1155 Tiburon Avenue Tiburon, California 94920 Dear Mr. Kleinert: The Metropolitan Transportation Commission, Bay Area Economic Forum, and the Golden Gate National Recreation Area cordially invite you to a Roundtable Workshop on Developinl: a BlIj' Area Water Shuttle System. The Roundtable Workshop will focus on opportunities to link the closing rnilitary bases, and the national and state parks, situated in or near the San Francisco Bay to promote visitor and tourism and other water shuttle uses. What: Roundtable Workshop on Developing a Water Shuttle System When: Wednesday, March 13, 1996 9:30 a.m. - II :30 a.m. Where: Metropolitan Transportation Commission (MTC) 101 Eighth Street Oakland, California 94607 First Floor Auditorium Your participation in this Roundtable Workshop will assist us in identify!ng the key action steps necessary to develop a water transportation network to enhance access by visitors to the national and state parks and our closing military bases. JOSEPH P. BORT METRoCENTER . 101 EIGHTH STREET. OAKLAND, CA 94607-4700 510/464-7700 . TOOmv 510/464-7769 . FAX 510/464-7848 . . Page 2 Please return the enclosed confirmation to the Bay Area Defense Conversion Action Team (BADCAT) by Friday, March 7,1996. Sincerely, L~ .~~~tfflcc.t Executive Director Metropolitan Transportation Commission Sunne Wright McPeak President and CEO Bay Area Economic Forum LDD/SWM:RM/ds tca:wkshp.doc (Enclosure) . t TO: Bay Area Defense Conversion Action Team (BADCAT) 181 Fremont Street, Suite 210 San Francisco, California 94105 FAX# (415) 357-3104 SUBJECT: Bay Area Water Shuttle System Roundtable Workshop Wednesday, March 13, 1996 9:30 a.m. - II :30 a.m. Metropolitan Transportation Commission (MTC) 101 8th Street Oakland, Califomia 94607 First Floor Auditorium _Yes, I will attend. _No, I cannot attend Please Print the following: NAME: TITLE: COMPANY: ADDRESS: FAX#: TELEPHONE: Please return this form to BADCA T by March 7, 1996. Youmay call (415) 357-3100 with any questions regarding this event. 71e~~ /lid. Q LAND USE/TRANSPORTA nON CONFERENCE 1996 May, 1996 MEMO To: Marin County Cities and towns From: Conference Planning Committee Date: February 27, 1996 Re: City Sponsorship Marin decisionmakers have an opportunity to be involved in a public discussion on positive approaches to transit and traffic as it relates to land use at an exciting conference planned for May 18 in Marin. Land Useffransportation 1996 will feature speakers with background in Marin and Sonoma land use, as well as professionals in the transportation field. Displays, exhibits, and literature to stimulate your thoughts and generate solutions will be part of the day. But most importantly, a broad representation of the varying points of view will be present to talk openly and move ahead with the process of solving our transportation needs. Discussion of the Marin/Sonoma Multi-modal Study will be part of the program. Project director Peter Calthorpe has been invited to speak. The conference is being planned by an ad hoc coalition of nonprofit organizations from Marin and Sonoma - including environmental, business, and public interest groups. Full representation of all points of view are being sought as part of the planning process and the program. Your city is invited to be a sponsor of this conference. Please consider participating in the following ways: - Put this topic on your council agenda as soon as possible. -Become a sponsor at one of these levels: $100 - admits 2 $500 - admits 4 $1000 - admits 4 & includes prominent listing in materials (If financial support is not possible, we would still like to list your council as a supporter of this conference.) -Plan to have one or more council members attend. -Encourage your staff to attend. -Consider being a table discussion leader during the lunchtime roundtables. In order to list your city as a sponsor on our printed conference announcement, we must have your commitment by the end of March. We hope to have a conference representative' at your council meeting when this topic is discussed. For further information, please call Susan Stompe at (415) 883-0502. elecommunlcations' Bill Passes Congress Februar , ";,:",i",~,.'I!I,jJ.v~""~~ilili",~",.:>.!'t', , " ,yh\\ ~,~';~"'~:,w;~jm\',,"(.J~~-fi~~':", ocalControl o,fthe Rights-of-\yay: 'n:b~:ri.~~IIE1g~slat!?~Fays~ssqTe'g()ni:e~r1:orco~suf!1er7 a!') ,Cltl{;lS.,, u !'),c:l,: Cc:l,matlcleglslabve'iploy,€nglneered by Representatlve;Joe,Barron (R"Te he'sp'eder of "unfu'nded mandate" was raised to save localgove;:nments""~{:;; ontrel of the rights-of-way.:'on this important issue, the legislationensures'that~, he FCC is prevented from pre::empting local zoning 'cfecisions cOncerning':" '" . -.~.. -'I ",- .',' ..,"",_+' .." , ..', .. ..' ...,.. '-',.,.<..'. :"".'~ ',' ....; : ..' '.".. .:." . '. . ..~, .'..,.... .:... , " ... ,pla6erT)ent.9fcellulartower~,J;&Thi~i~ a key victory since,the number of cellula(> towers)sexpected to increase tromJ 8,000 to, 100,000 by the year 2000. 'jLocc:l,1 ".,,' goven;ments wiUnot beable t~'discriminate between towers of competitors i ' t: ;;i:"r,the cel!ular business an9~ill~rCit"hea~I"~,t() J~su~ policies banning towers'./.~~ " , ,:';;;!': However, the legislation preserve~J!w authonty of local government to ll1'!,l')age : '}\.,l ~~;~oh~SrriO~~%'iti~~~JjJ~d~V~~~ftg~~~tftfv~~e:l~{~~7 :~dmnott~j~fi'~ii!~& " J';;"i"'lt!:"{basis """; .." ' , "',, "',,' . ' ',', \" 1,,"" ," ", ", . ~t:~,)f,~ J d:'ri:"l"l!i ';;'~J~:~~~:~:~~~~l~~:tfi'~~tt~:I~:et:~~'~~::I~i~~:i;,~~~1I !iti~Basis Tier regulatiol1 (Which,\s,~h<:it wej~oat meloc~I..leveIJ is'p6ntinLJed a,~" >~lo~!:l~s th~.re is noneffectiv~.c()(np~titiol1: ~4I(1o.t~er.Y'ords, wh~ri.f?ac~BeIL er.Mr "the Video market--Iocal rate regulation will end. As part of the achievement of ":~~~t~~ri'~ihr~n~~~~d~is~~~W~ni~~~~gttfo~J:rJ;-;l~~'~~~~tJrt~1~~~1%'~ ' 'jlf](t,o" ',:',i,!1IP,~,'S, el.o,','C,' ~Ifr,'~' pC~_i~~.e " ,~,' 'a,r,l/},agn:iements:''\. , ",h' '.,>",{i~"""",-~,~~,,,,"1llll![ , \\~ii'J,; ',f '_" -" "}'\Jr~~f'-'r~~)t~1'lh,~~. ,'. ".,. ,."~<i,,.;~ Implication.s"for~r.:.oca'l Gov~rnmEmt;i" , " '.' ,.. .' '.,.,,', , Rate regulation will soon be a thing of the past. Franchise fees & agreernents p.realso likely to b,Ellost.:Jg9~1 governme'lts wi!1 hav~ ~or~IY9.p'..teYElD,uE!~ esulting from Jhe use, ot ()uJ,D9hts-of~way. ,Ma~lnneed"stp [11oye,Jorw!lrCU trengthen ourright7of-way agreements & prevlde'stronger'sa.'ble~'\1st()me fisei;Yi.~~requirementsby, orqipapcejather t~an byagre~m~n,tJf.ni;Mari ' }lntsm11.et~0n.Tt'l.ch,l1oJ()gY,C8mrn~te~" est?qhshe<:i c~V thE!,MarJn;~~nage ,$ "';A,snS!c:l,tlon)s,currep.t1y at w()rk,cl~veroplng the".nee,ded rl!:lht~,~gr~y" agre~ro,ElI1.ts .abnclJ,Qe,C.A!~~~P /;:)t"hW}\I,Jtahke P,JJ..:!ht7Je~Y~I"lqt,8, ~~1.~'DJ, ~~~,'''J::'rv,"''',c re" U1~ementSOluln nce' 0, e,?e ",C I ns WI corne lJel ire tla 'ur ~dic~iorj;.ffi\ " ' ,,' ," ,,' , ,