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HomeMy WebLinkAboutTC Minutes 2010-04-07TOWN COUNCIL MINUTES CALL TO ORDER Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, April 7, 2010, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Collins, Fredericks, Fraser, O'Donnell, Slavitz PRESENT: EX OFFICIO: Town Manager Curran, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Negotiators: Town Manager and Director of Administrative Services INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS (Joint Recreation Committee - One Vacancy) • Park Allen, 699 Hilary Drive Qt. Recreation Committee) CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Collins said that there was nothing to report form the closed session. ORAL COMMUNICATIONS Director of Community Development Anderson introduced the Town's new Building Official, Fred Lustenberger. He said that Fred had over 10 years of experience working as Sonoma Town Council Minutes #05 -2010 April 7, 2010 page 1 County's senior building inspector, and that he had worked for a number of other counties and municipalities, as well. Anderson said that Mr. Lustenberger had a degree in Public Administration from USF and that he lived in Sepastopol with his wife and children. The Council welcomed Mr. Lustenberger to the Town of Tiburon. He said that he was pleased to have the opportunity to work as the Town's building official. On another matter, resident Peter Brooks informed the Council that a resident had planted some fruit trees in a park adjacent to Claire Way which, he said, Town staff had told him to remove. He asked for reconsideration of this action. Council asked for staff comment; staff said they were unaware of the action described by Mr. Brooks and would find out more about it. PRESENTATIONS • BERST update (John Kunzweiler, Town representative to Marin BERST) Mr. Kunzweiler reported on the progress of the Building Energy Retrofit and Solar Transformation committee. He said the goal of the group was to reduce energy use in buildings in an effort to comply with the carbon reduction requirements of AB 32 and Title 24. He said the group was comprised of 11 jurisdictions and a technical advisory group, which had met numerous times. Kunzweiler said the core of the project was science and building-based, rather than political. Kunzweiler distributed a handout entitled, "Marin Model Green Building Requirements." He said this model program had recently been adopted by the County of Marin and the City of San Rafael, and was currently under consideration by the Town of San Anselmo and others. He said adherence to these guidelines would reduce energy use in new homes (and remodels), reduce the carbon footprint in construction, and provide a set of design standards and guidelines to builders and homeowners. Kunzweiler said that the issue facing Tiburon was that the model's requirements represented a significant change over the Town's current Green Building ordinance. He said the Town used a "Build it Green" point system which was based on 60 points; he said the ordinance recently adopted by the County was based on much higher points. Kunzweiler said that the County's ordinance included commercial buildings, but that the silver and gold LEED ratings were fairly standard. He said that energy-rated commercial buildings were shown to have a 50% or higher value in the marketplace than non-energy-rated buildings. In response to a question from Councilmember O'Donnell about standardization of building codes, Mr. Kunzweiler said that standardization would come in the form of points and not the building codes, per se. He said that the guidelines were a way of standardizing energy requirements county-wide for the benefit of builders and homeowners. Town Council Minutes #05 -2010 April 7, 2010 page 2 Councilmember O'Donnell asked how a house could achieve net zero energy, especially in an age where electric consumption driven by computers and other devices was increasing. Mr. Kunzweiler said that studies had shown that solar energy could help attain that goal, but he also noted that the design of a home was important in that regard. Councilmember Fredericks said that as a result of solar installation at her home, she now generated more energy per year than she consumed. Councilmember Fraser asked Director Anderson if the Town had encountered any problems with its Green Building program. Anderson replied that staff had learned that the [Tiburon] point totals were too easily attainable, and that even in a slumping economy, staff had seen "buy-in" to the concept. He said that applicants were sometimes building LEED-certified homes in Tiburon that far exceeded the Town's Green Point requirements. Councilmember Fraser asked if the Marin model program was cost neutral or whether there was a projected increase in cost. Mr. Kunzweiler said that the Tiburon Planning Commission would start processing these guidelines and evaluate their economic viability. He said that the Commission would then report to the Town Council. Council thanked Mr. Kunzweiler for his report. • Neighborhood Disaster Preparedness and upcoming Medical Triage Center Preparedness Exercise (Laurie Gordon, Emergency Preparedness Coordinator) Laurie Gordon gave the report. She gave Council an overview of the Emergency Operations Centers in Tiburon and Belvedere (alternate EOC), the emergency telephone notification systems (TENS and MEANS), and other forms of communicating with residents in the event of disaster (Town electronic newsletters). Ms. Gordon said that residents were signing up to be disaster service workers and that the Emergency Volunteer Center was at the Belvedere Community Center. Gordon said that the CERT program had never really taken off in Tiburon, and that there was only one neighborhood that was attempting to create a program. Ms. Gordon said that these volunteers would be utilized at the volunteer center or medical center. Ms. Gordon said that there would be a medical volunteer training at Del Mar School on April 17 from 10 am to 12 pm. Town Council Minutes #05 -2010 April 7, 2010 Page 3 Ms. Gordon said that the Joint Disaster Advisory Council meet bi-monthly and the next meeting would take place on May 18 in the Tiburon Town Council Chambers. She invited all interested persons to attend these informative meetings, and gave out her e-mail address for more information. Council thanked Ms. Gordon for a great job in communicating with residents. Mayor Collins also suggested the possibility of using Channel 26, public access television, in San Rafael. He said that it was essentially free of charge and useful information could be broadcast in that way, as well. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of March 3, 2010 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt minutes of March 17, 2010 meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt summary of March 23, 2010 Council-Staff retreat (Town Manager Curran) 4. Commendation for Service to Town of Tiburon - Adopt resolution commending Town Clerk Crane Iacopi for 15 years of service to the Town of Tiburon (Town Manager Curran/Director of Administrative Service Bigall) 5. Fair Housing Month Proclamation - Adopt proclamation declaring April Fair Housing Month as requested by the Fair Housing Agency of Marin County (Town Clerk Crane Iacopi) Councilmember O'Donnell made a change to Item No. 3, summary of March 23, 2010 Council- Staff retreat minutes. MOTION: To adopt Consent Calendar Item Nos. 1 -5, as amended. Moved: Slavitz, seconded by Fraser Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards and Commissions - Consider appointments to fill vacancies on Boards and Commissions (Town Clerk Crane Iacopi) Joint Recreation Committee - (Vacancy created by appointment of Erin Tollini to the Planning Commission) Town Council Minutes #05 -2010 April 7, 2010 Page 4 Item continued at Mayor's request. 2. General Plan Implementation Annual Status Report - Consider acceptance of annual General Plan implementation status report (Director of Community Development Anderson) Director Anderson said the report had been prepared by staff, reviewed by the Planning Commission, and forwarded to Town Council for acceptance, pursuant to state law. Anderson said that the Town uses the annual report as a tool to gauge progress on General Plan implementation and an opportunity to revisit programs annually. Since the last review of the status report in 2009, the Director said staff recommended three implementation programs (excluding Housing Element programs) for abandonment. He said the programs all related to Paradise Drive maintenance. However, upon further review, Anderson said that staff recommended the three programs be downgraded to "medium" priority and categorized as "ongoing" because of the importance of these programs to the Town's long-term goals. Anderson said that staff would continue to monitor these (3) programs: • LU-f - The Town, in conjunction with LAFCO and the County of Marin, shall conduct a study to establish the true cost and other implications of annexing Paradise Drive and work to create with the County of Marin and LAFCO a viable financing plan which would make annexation of properties in the Paradise Drive area feasible and fiscally acceptable to the Town. • C-d - The Town shall work with the County of Marin and LAFCO to formulate a long- term plan for maintaining and improving Paradise Drive. • C-e - The Town shall work with the County of Marin and LAFCO to identify and implement a financing strategy for maintenance and improvement of Paradise Drive. Mayor Collins opened the matter for public comment. There was no public comment. Councilmember Fredericks said that she currently served on the Regional Airport Planning Committee that covered issues related to airport expansion, including noise. She said this should be noted in the report (page 11). MOTION: To accept the report, as presented. Moved: Fraser, seconded by O'Donnell Vote: AYES: Unanimous Town Council Minutes #05 -2010 April 7, 2010 Page 5 PUBLIC HEARINGS 1. Appeal of Tree Removal Permit for 100 Ned's Way - Consider appeal of the Design Review Board's approval of a tree permit to remove six eucalyptus trees; File T2009-31 (Director of Community Development Anderson) Address: 100 Ned's Way (Hilarita Apartments) APN: 058-151-39 Applicant: Hilarita Tiburon Ecumenical Association Appellant: Victoria Tuorto (Hilarita Tenant's Association) Director Anderson said that on November 12, 2009, the Hilarita Tiburon Ecumenical Association (HTEA) applied for a tree permit requesting the removal of six blue gum (eucalyptus globulus) trees amidst a row of approximately forty (40) trees located along the Tiburon Boulevard frontage of the Hilarita Apartments. Anderson said that due to the level of public comment on the application, the permit was referred to the Design Review Board (DRB) for review and action. Anderson said the DRB considered the item at meetings on January 21 and March 4, 2010, and conditionally approved the tree permit application at the latter meeting. He said that a copy of the DRB resolution conditionally approving the project, and its Landscape Replacement Plan as modified by the Board, is attached to the staff report as Exhibit A. On March 11, 2010, Anderson said, the appellant filed a timely appeal, attached as Exhibit B. He reviewed the grounds of appeal and staff s responses, as detailed in the written staff report. Director Anderson said that subsequent to the filing of the appeal, HTEA representatives informed Town staff that they had been contacted by Wildcare, a wildlife organization based in San Rafael. He said the Wildcare official stated he had seen evidence, during a mid-March site visit, of a Red tailed hawk nesting in one of the eucalyptus trees proposed for removal, and recommended that tree work be postponed until nesting season was over at the end of summer. HTEA subsequently agreed to postpone tree work until at least October 1, 2010, according to Anderson. He said that Red-tailed hawks are not a threatened or endangered species. The Director reviewed the appeals process, including the new policy which allows a rebuttal by the applicant, as well. Mayor Collins opened the public hearing. Appellant Vicky Turoto, resident of Ned's Way, presented her appeal. Ms. Tuorto contended that the application should be subject to the CEQA review process to determine if an EIR was in order prior to taking further action. Ms. Tuorto said that the trees slated for removal were mature and healthy, and perhaps "scenic" [per CEQA]. She said that the trees had been "ravaged" by recent trimming; she described the Town Council Minutes #05 -2010 April 7, 2010 Page 6 way they looked before and said they had provided "beautiful screening." Ms. Turoto said that the Hilarita (HTEA) was employing a piecemeal approach in their application which was in contradiction to CEQA guidelines. She said that while HTEA claimed to want to remove the six blue gum eucalyptus this year, she said the ultimate goal was to remove all 30 trees. She referenced the landscaping plan which described the "eventual removal" of all the other eucalyptus trees along Tiburon Boulevard. In the second ground of her appeal, Ms. Tuorto said that the proposed replacement trees [required as a condition of approval by the DRB] would not take root in that location; she said that she had consulted three arborists who agreed with her. In her third ground, Ms. Tuorto said that the Hilarita was a HUD project and that HUD sought to provide decent housing for its residents. She said that the effect of the removal of the trees was being underestimated by the applicant. She said that the existing trees provided screening to the apartments and kept out sun and wind. In her fourth ground, Ms. Tuorto said the replacement trees, the Brisbane Box, would only grow to a height of 30 - 40 feet which would not screen the upper units like the existing trees. Ms. Tuorto reviewed all the exhibits to her appeal. Among these exhibits, she noted an article from the Landmarks Society archives that said the trees had been planted in the 1950's and were drought tolerant. Council thanked Ms. Tuorto for her presentation. Councilmember Slavitz asked Ms. Tuorto what she most liked about the trees in question. Ms. Tuorto said that they were a windbreak, a carbon monoxide break, and that they shielded the apartments from lights from cars, as well as the sun. She said the apartments were "hot boxes" during the warmest months and that she had to have fresh air as opposed to air conditioning in her unit. Councilmember Slavitz asked if she would be opposed to the trees being replaced with "nicer trees." Tuorto said that the proposed trees would never be the same height and that the existing tall trees were screening the top apartments. Slavitz referenced the excerpt from the Ray Moritz [arborist] report in one of Ms. Tuorto's exhibits; he said the report stated that eucalyptus trees were "failure-prone" and fire hazards. Ms. Tuorto said that she had lived at the Hilarita for 15 years and that there had never been a fire or limb failure. She said that there was asphalt on both sides of the row of trees that would prevent the spread of fire. She suggested that the management could also clean and pick up the bark around the trees once or twice a year if that were a concern. Town Council Minutes #05 -2010 April 7, 2010 Page 7 Ms. Tuorto added that oak trees were rated No. 1 for failure, while the Blue Gum eucalyptus was rated No. 4 out of the 11 species described as being prone to failure. , Councilmember Fraser said that there might be misinformation surrounding the current application. He asked Ms. Tuorto if she was certain that these were the only trees to be removed, would she still be opposed to the application. Ms. Tuorto said that she had a "bad feeling" when the trees were being trimmed, so much so that she called upon the Town for help. She said that Director of Community Development Anderson directed her to the Police Department; she said that no police were available and that Anderson himself had stopped the work. She said that the trimming was a "disaster" and that she felt the fate of the trees in question would also not go well, in accordance with the permit. She added that Design Review Board member Kricensky had commented that it would cost the Hilarita more to remove the trees than to maintain them. Councilmember Fredericks said that she had visited the site and had "googled" the area to look at the affect of sun and shade. She said that she had determined that the shade from the eucalyptus trees barely touched across the parking lot to the edge of a row of trees in front of the units. She said that she was confused by Ms. Tuorto's comments about the trees providing shade to the units. Ms. Tuorto said that the trees had recently been reduced in size and had been windowed "tremendously" which affected the amount of shade. She said the only way to experience the difference was to actually be in her unit. Ms. Fredericks asked Ms. Tuorto if the shade (prior to the trimming) actually reached her unit. Ms. Tuorto said "absolutely," and said the trees had been over 100 feet tall. Mayor Collins opened the hearing to the applicant. Linda Tilton, representing the John Stewart Company, property managers for the Hilarita, described the history of the application. Ms. Tilton said that they had initially been contacted by an uphill neighbor who complained about view obstruction. Since the neighbors had lived there since 1955, Ms. Tilton said they had rights under the Town's view ordinance. Ms. Tilton said that the eucalyptus trees had needed [maintenance] work in 2002, and that seven years later, the Hilarita proposed to do more maintenance. She said that Bartlett Tree Service had recommended against topping the trees. She said that there were only six trees in that row that were slated for removal and that the Hilarita had offered to plant 18 replacement trees (a 3:1 ratio). She said that the matter had been reviewed extensively in public meetings. Town Council Minutes #05 -2010 April 7, 2010 Page 8 Councilmember Slavitz asked Ms. Tilton if the six trees were the only ones slated for removal, now and in the future. Ms. Tilton said that the DRB had asked for a "what if', that is, what the Hilarita's approach would be in case something happened to the other trees. She said their response to the DRB request was what had led to confusion about the possible removal of other eucalyptus trees. Councilmember Fredericks asked if she was possibly misreading a sentence in the Landscape Architect's report that stated the Hilarita "would eventually replace the remaining trees." Charles Quick, Vice President of the Hilarita Board, replied to the question. Mr. Quick said he was responsible for Buildings and Grounds. He said that the front row of (eucalyptus) trees was costly to maintain, and that this, coupled with the view complaint, had led to the proposed removal of the six blue gums. He said there was no discussion by the Board of removing all the trees, or piecemeal removal, and that the term had only been used by the Planning staff in response to a complaint by a tenant. Councilmember Fredericks asked Mr. Quick for his response to the aforementioned sentence. He replied that the removal of the other trees "would not happen in our lifetime." He said that it was a course of action, not a plan. Ms. Fredericks said that the written statement said otherwise. Councilmember Fraser pointed out a lack of clarity in the situation led him, as well as others, to be confused. He said that the tenants did not understand the Hilarita's agenda and that he was not sure he did, either. He asked Mr. Quick to clarify the current and long-term agenda. Mr. Quick said that there had never been any discussion about removing any of the shorter [compactus] trees in the row in question; he said that it had never been on the table, nor was it the intention of management, to remove those trees. He said that the Hilarita Board was the ultimate decision-making body for the Hilarita, not the John Stewart Company. He said once again that the confusion came in trying to respond to the DRB's request for information, but that there was no plan to remove the trees. Mr. Quick said that the Hilarita Board met every month and that this issue had been discussed for 30 months. He said that the Board was comprised of 18 people-7 residents, 9 representatives from local churches, one Town-appointed representative, and one community-at-large representative. He said it was not fair to make the Town a referee in the matter. Mayor Collins asked how many trees had been removed in the 30-month period. Ms. Tilton said that 12 had been removed and that they had planted 15. The Mayor asked why the trees had been removed; he also asked whether the eucalyptus trees had been costly to maintain. Town Council Minutes #05 -2010 April 7, 2010 Page 9 Mr. Quick replied that the row of eucalyptus had been "impossible to maintain" made worse by having an "aberrant species in the mix." He said that the reason for the work on those trees was to make their maintenance more manageable, as well as to address the uphill neighbor's view complaint. Mayor Collins asked whether cost was a factor in this decision; Mr. Quick said that it was not. Continuing with the applicant's presentation, Mr. Quick responded to the issue of shade. He said that there was never any shade on any building at the Hilarita for seven months out of the year. He described the arc of the sun at the summer solstice and some other celestial information. Tony Goard, Hilarita Maintenance Supervisor, responded to the Mayor's question regarding tree removal on the property. He said the Tiburon Fire Protection District had asked the Hilarita to remove some of the trees on the property. He said that other trees, such as some pine trees, were sick and had to be removed. He aid that when the DRB asked for a plan for future tree removal, the Hilarita had come up with a plan that stated they would remove trees as needed, or due to sickness. He also stated that the [eucalyptus] trees had been thinned so that they could fight off a certain type of beetle. Councilmember Slavitz asked Mr. Goard about the appellant's statements concerning screening, wind and sun. Mr. Groad said that he would not contest Ms. Tuorto's statements; he stated that he lived in the top units. Ms. Tilton added that some of the Hilarita residents were pleased with the new views opened up by this tree work. Mayor Collins asked Design Review Board Chair, Bryan Chong, for his comments. Mr. Chong said that when the DRB considered the application, they heard from people on both sides who were passionate about the issues affecting their community. He said the DRB found the application to be a bit "haphazard" and decided that it wanted to see a more holistic plan. At the second hearing, Chong said the DRB reviewed a long-term plan that considered the type of trees that might need to be replaced and approved the application, with conditions of approval. The conditions included evaluation of future applications and a follow-up to see how the replacement trees were faring. Councilmember Slavitz asked if there had been any discussion of screening at the meetings. Chair Chong said the DRB thought the replacement planting would actually improve the screening, as well as provide view and wind protection. Mayor Collins opened the hearing to the public. Town Council Minutes #05 -2010 April 7, 2010 Page 10 Chris Darling, Ned's Way, landscaper for 44 years, said he had a company called "Happy Tree" that had performed the work in 2002 for $9,500; he compared this to Ms. Tilton's current estimate of $20,000. He also contested the idea that topping of the trees was not appropriate. Mr. Darling said that the ground beneath the eucalyptus trees was inhospitable for planting, unlike the Reed School site where mature trees had been removed and new ones were planted. He said that no plant would be successful in the Hilarita location, and therefore, he contended that the Hilarita landscape plan was unrealistic. Mr. Darling said that the eucalyptus trees were planted by the Army Corps of Engineers to provide screening from the southerly winds, and that iceplant had been planted to combat erosion. He suggested that the Council "save" the trees and allow the Hilarita to go back to a more "natural", utilitarian landscape. Eunice McCarthy, Ned's Way, said that she depended upon the eucalyptus trees for shade in her unit from 4 p.m. on. She said that the Hilarita management had lent her an A/C unit. Ms. McCarthy said she was disturbed by the statement that the removal of six trees would not have much of an impact on the tenants. She said that the trees "shelter us and we enjoy them; they are part of our environment." James Hardy, Hilarita resident, asked if the trees were on Cal/Trans or Hilarita property. He said that he, too, used to be a member of the Hilarita Board responsible for maintenance and grounds. He said that in 2000, then Chairman of the Board, Hank Bruce, said the eucalyptus trees were probably not on Hilarita property but that the Hilarita was "probably liable" for them. Council asked staff to respond to the property line question. Director Anderson said that the issue had come up at the DRB meeting. He said the Town had not seen a survey, but that Cal/Trans had recently placed stakes apparently marking the approximate right-of-way line. He said that it was "in their court" for the Hilarita to sort out the property line issue. In response to further questions, Anderson clarified that the Board's approval is conditioned upon the Hilarita securing any required Caltrans permits prior to tree removal work. Anderson noted that the process is for the local agency to grant approvals first, followed by state agencies such as Caltrans. There being no further public comment, Mayor Collins opened the hearing to rebuttals by the appellant and applicant. Appellant Tuorto said that the trees now did not look like the trees in the photo in the application. She said that the issue of limbs falling onto power lines was addressed at the DRB when it was noted that PG&E came out once a year to trim around the telephone/power lines. She said that when "Happy Tree" did the work in 2002, and topped the eucalyptus trees, they "looked fantastic." Town Council Minutes #05 -2010 April 7, 2010 Page 11 Ms. Tuorto said that the Brisbane Box trees would grow 40-60 feet in Australia but only 30-40 feet here. She said there was an additional "late mail" letter from a resident of Lagoon View Road opposing the removal of the trees. During the applicant's rebuttal, Keith Lester, President of the Hilarita Board, said that the board was comprised of volunteers from local churches who were "trying to do the right thing every step of the way." He said the property belonged to them in perpetuity and that "we're in it for the long haul." He said that they had not thought of every eventuality, but that the DRB had wanted assurances for the future. Lester said that while he personally "hated" eucalyptus trees because of the damage they can cause, it did not influence his decision-making in this matter. Mayor Collins closed the public hearing. Councilmember Fredericks said that even the most undesirable trees can bring pleasure to the people around them; however, Fredericks said that she agreed with the findings of the DRB in this matter. Councilmember Fraser said that he sensed the heart and soul put into the appeal by the residents. He agreed that vegetation is a pleasing thing and "speaks of life." He said that eucalyptus trees had issues, as do all trees. He said that he thought the DRB did a good job of reviewing the matter and establishing a process that made sense. Fraser said that he was still troubled by the misunderstanding or confusion regarding the Hilarita's long-term goals. He suggested that this might be clarified or restated in the permit. Councilmember O'Donnell quoted Rodney King who said, "why can't we all just get along?" He said he thought everyone essentially had the same goals to have foliage, a barrier from the sun and wind, and a landscape that was aesthetically pleasing to residents and passersby. O'Donnell said that the DRB did an excellent job in its review; he said it was very thoughtful to look forward and require a long-term plan. However, he, too, said he saw how this could be mistaken for a current plan; he said he viewed it rather as a way of safeguarding the trees for the future. O'Donnell also said that he concurred with staff's comments that this application did not meet the requirements for CEQA review. Vice Mayor Slavitz thanked the Hilarita residents for an unemotional and reasonable presentation of a difficult issue. He said he questioned the logic of removing healthy trees, but noted that eucalyptus trees did not have a good safety record. He said that the removal of six trees was not "minor" but he hoped their removal would be mitigated by the planting of the 18 replacement trees. Town Council Minutes #05 -2010 April 7, 2010 Page 12 The Vice Mayor recommended that HTEA "take to heart" the concerns of the residents and to respond and mitigate to what is being lost; he counseled everyone to "come together" as a community. Mayor Collins said that the reference to "piece-mealing" might not be off base; he said that the HTEA had six permits to remove 21 trees and that adding the (six) trees in question would bring the total to 27 trees to be removed from the property. He said that only eight of these trees were diseased or dying. The Mayor said that the six eucalyptus trees appeared to be healthy and had no evidence of safety issues; he said that the HTEA application stated only that "they're too big." He asked why the trees could not simply be lowered; he noted that Mr. Quick said that cost was not an issue. The Mayor also noted that HTEA had trimmed the trees without a permit which he found troubling. He said that he would vote to leave the trees in place. MOTION: To deny the appeal and direct staff to return with a resolution of findings. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Fraser, Fredericks, O'Donnell, Slavitz NOES: Collins TOWN COUNCIL REPORTS Councilmember Fredericks said that she was going to attend a League of California policy committee meeting on Thursday in Southern California; she said the topic to be discussed was possible suspension or deferral of AB 32 and SB 375 because these bills were projected to cost cities a possible $30 million. She said she would report back to the Council on the outcome. TOWN MANAGER'S REPORT • Request by Richardson's Bay Audubon Center for letter of support for Ramsar Designation regarding San Francisco Bay Town Manager Curran said that Richardson Bay Audubon Center had asked the Town to send a letter supporting its request to designate the San Francisco Bay Estuary as a "Ramsar Wetland of International Importance." Curran said that she initially thought this designation might led to further regulatory issues down the road but, upon further research about the designation, she was assured that this was not the case. Council concurred with Curran's recommendation. Town Council Minutes #05 -2010 April 7, 2010 Page 13 MOTION: To send a letter of support nominating San Francisco Bay Estuary as a Ramsar Wetland of International Importance. Moved: Fredericks, seconded by Slavitz. Vote: AYES: Unanimous On a separate matter, the Town Manager said the organizers of the Classic Car Show had approached the Town and the Chamber to seek closure of Main Street from 5 - 9 p.m., following the Classic Car Show on Saturday, June 19, 2010. Curran said they proposed to move several of the classic cars from the Paradise Drive location, after the event wrapped up at 4 p.m., over to Main Street for the duration of the evening. She said the downtown merchants had expressed their support to the Chamber. The Town Manager said that any special event permit applications that sought new street closures were brought to Council for their consideration. Councilmember Slavitz suggested that the street closure might be in lieu of the Friday Nights on Main (FNOM) street closure the night before. Town Manager Curran said the Chamber sought to "brand" the FNOM concept and have it take place consistently the same night and time for the duration of the event in order to make it easier for people to remember it. After a brief discussion, Council endorsed the idea of the Main Street closure on Saturday, June 19, from 5 - 9 p.m. on a trial basis this year, and asked for consideration to be given to uphill neighbors by not allowing amplified music. WEEKLY DIGESTS • Town Council Weekly Digest - March 19, 2010 • Town Council Weekly Digest - March 26, 2010 • Town Council Weekly Digest -April 2, 2010 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the meeting at 10:07 p.m. ( CHARD COLLINS, MAYOR Town Council Minutes #05 -2010 April 7, 2010 Page 14 ATTEST: rC DIANE CRANE OPI, TOWN CLERK Town Council Minutes #05 -2010 April 7, 2010 Page 15