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HomeMy WebLinkAboutTC Min 2002-04-17 ~ TOWN COUNCIL MINUTES CALL TO ORDER Vice Mayor Gram called the meeting of the Tiburon Town Council to order at 6: 15 p.m. On Wednesday, April 17, 2002, in the Town Council Chambers Conference Room located at 1505 Tiburon Boulevard in Tiburon, California. ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz ABSENT: COUNCILMEMBERS: Thompson PRESENT: EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Director of Administrative Services McVeigh ~ Town Staff recommended that Council add the following urgency item to the Closed Session agenda. Staff stated that the issue was a settlement offer made to the Town after the posting of the Agenda for the April 17, 2002 meeting, which required a response prior to the Council's next regularly scheduled meeting. The Council unanimously found that the matter could not have been known at the time of the posting of the agenda and could not wait until the next meeting. Council therefore added the matter to the closed session agenda as an urgency item and re-convened in closed session. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956. 9( a)) Case Name unspecified because disclosure would jeopardize existing settlement negotiations (Gov. Code Section 54956.9) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Round Two Development v. Town ofTiburon Jackson v. Town ofTiburon Zippin v. Town ofTiburon ~ Town Council Minutes # 10 -2002 April 17 , 2002 Page I "...... CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit - MAPE Negotiators - Town Manager and Director of Administrative Services INTERVIEWS - (7:15 p.m.) - Vacancy on Marin Commission on Aging . Allan Bortel, 8 Corte Palos Verdes . Ellie Spater Bloch, II Hillcrest Drive . Don Linker, 28 Lyford Drive CALL TO ORDER Vice Mayor Gram called the regular meeting of the Town Council of the Town of Tiburon to order at 7:46 p.m. in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Director of Public W orks/T own Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Town Clerk Crane lacopi r- ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Vice Mayor Gram said that no action was taken in closed session. He also said that an urgency item was introduced and discussed and direction was given to Staff. INTRODUCTION AND SEATING OF NEW TOWN COUNCILMEMBER Vice Mayor Gram acknowledged the new Councilmember at the dais, Miles Berger. Gram welcomed Berger and confirmed that he had already taken his oath of office at Town Hall earlier in the week. ELECTION OF MAYOR MOTION: To elect Tom Gram as Mayor. Moved: Thompson, seconded by Fredericks Vote: A YES: Unanimous ELECTION OF VICE MAYOR MOTION: To elect JeffSlavitz as Vice Mayor Moved: Fredericks, seconded by Berger Vote: A YES: Unanimous r- Town Council Minutes # 10 -2002 April 17 ,2002 Page 2 r-. INTRODUCTIONS Introduction of Newly Appointed Tiburon Police Sergeants and Reserve Officer . SergeantJim McVeigh . Sergeant Mike Mourgos . Reserve Officer Mike Mojabi Chief Matt Odetto introduced the new sergeants and reserve officer. Introduction of New Town Employees . Sheri Champeau, Account Clerk . Kevin Bryant, Advance Planner - continued to May 1 Director of Administrative Services McVeigh introduced and welcomed Ms. Champeau. ORAL COMMUNICATIONS George Landau, 82 Sugarloaf Drive and 29 year resident, asked for Council to seriously consider banning gas-powered leaf blowers at a future meeting. APPOINTMENTS r- Marin Commission on Aging - (One Vacancy) MOTION: Moved: Vote: To appoint Allan Bortel as the Tiburon representative to the Commission. Fredericks, seconded by Slavitz AYES: Unanimous CONSENT CALENDAR I. Approval of Town Council Minutes - March 30, 2002 2. Approval of Town Council Minutes - April 3, 2002 3. Approval of Town Council Minutes - April 9, 2002 4. Recommendation by Planning Director - Grant Appeal of Planning Commission Decision Pertaining to 3 Owlswood Road (a) A Resolution of the Town Council of the Town of Tiburon Upholding the appeal of William and Paula Upson and Al V onderwerth Of a Planning Commission decision to deny their application to amend The Owlswood West Precise Plan and request to adjust the building r- Town Council Minutes # 10 -2002 April 17 , 2002 Page 3 r- Envelope and increase the floor area for the residence at 3 Owlswood Road; AP No. 058-121-26 5. Report by Town Attorney - Amend Town Conflict of Interest Code (a) A Resolution of the Town Council of the Town of Tiburon Repealing Resolution Nos. 1094,2760,3275 and 3310 and Amending the Town's Conflict of Interest Code Councilmember Fredericks asked for an amendment to the April 3, 2002 minutes to reflect that the funding appropriated for the Disaster Advisory Council would carry forward into the next fiscal year, if necessary. Town Manager McIntyre said Council would also have the opportunity to approve the expenditure during the budget hearings for the upcoming fiscal year. MOTION: Moved: Vote: To approve Consent Calendar Items I through 5, as amended above. Thompson, seconded by Fredericks A YES: Fredericks, Gram, Thompson ABSTAIN: Berger (March 30, April 3 and April 9, 2002 Minutes) ABSTAIN: Slavitz (April 3, 2002 Minutes) PUBLIC HEARING ;--" 6. Appeal of Design Review Board Decision - 2120 Mar East - Denial of Site Plan and Architectural Review Application for Construction of a New Two-family Dwelling with Variance for Reduced Front Yard Setback and Excess Lot Coverage and a Floor Area Exception. Assessor's Parcel No. - 59-181-90 Applicants and Appellants - Fani & Gary Hansen, Mayor Gram noted that the item had been continued to the May I, 2002 meeting. 7. Oral Report by Town Manager - Alternative Locations and Endorsement of Possible Location for Siting MERA Facilities in the Town of Tiburon (a) Mount Tiburon Water Tank (b) SugarloafWater Tank (c) Gilmartin (Middle Ridge) Open Space Mayor Gram introduced the item, stating that it had been placed on the agenda for educational purposes, in order to hear from the public and the consultants and to learn about the issues. It said it was not a Council action item but rather, the goal was to get a sense of where the Council wanted to go with this issue. As way of background, Gram said that the Town Council had voted for the Town to participate in the county-wide public safety radio replacement system through a joint powers authority called the Marin Emergency Radio Authority (MERA). He said that although "..... Town Council Minutes # 10 -2002 April 17 , 2002 Page 4 ,,-.. Tiburon's public safety radio system worked, some of the systems in the County were falling apart and the manufacturer no longer made replacement parts. He said he did not want to be responsible for someone "not getting through" when they dialed 911. Town Manager McIntyre reiterated that the Town had joined MERA in 1998 as one of26 public agency members, and that 27 million dollars in bonds had been sold to fund the replacement system. He said that the Tiburon Peninsula had been selected as the site for the MERA antenna in Southern Marin; in particular, the location was the site of the Marin Municipal Water District's tank on Mt. Tiburon. McIntyre said that MERA applied for a conditional use permit for the Mt. Tiburon location in 2000, which had been [unanimously] denied by the Planning Commission. The next location to be given serious consideration by MERA was Angel Island. However, the State Park Service had not been optimistic about the use of this site, according to McIntyre. Town Manager McIntyre said that the Town Council had then directed Staff to retain a radio engineering consultant and that this consultant, Jeff Pellegrino of Greendrake Engineering, would give a brief presentation and his evaluation of three possible locations for the MERA facilities on the Tiburon Peninsula, including Mt. Tiburon. ,,-.. Mr. Pellegrini utilized transparencies on an overhead projector to demonstrate how the MERA radio system would work. He showed, for example, how the Dollar Mountain location in San Rafael, and San Pedro point acted as "microwave hops" back to the Communications Center in San Rafael. He explained how the radio communications would be routed in two distinct paths throughout the MERA system for redundancy in case on of the locations was "knocked out" or ceased to function. Councilmember Berger asked whether it was possible for a public safety official to call another agency directly without utilizing the MERA system. Mr. Pellegrini said that it was possible to make a direct call but that the trunking for the [dispatch] system was located at the Civic Center in San Rafael. Mr. Pellegrini said the proposed Mt. Tiburon facility would include one (1) receiver antenna, two (2) transmitter antennae, and a small "house" which would include more equipment and fuel. He described the facility as one 60-foot monopole, plus a IS-foot ornni-directional antenna (or "whip antenna") which was just a receiver. The monopole included a two-panel, 2-foot by 2-foot square antenna halfway up, plus two microwave dishes for "backhaul," or redundancy. Mr. Pelligrini said that the Mt. Tiburon site would be a redundant site for other locations, in addition to providing service to the immediate area. He stressed the latter point, stating that the MERA was not just configured as independent sites, but rather was part of a "simulcast system" comprised of coverage areas (which he demonstrated as interlocking circles). /"" Town Council Minutes # 10 -2002 April 17 , 2002 Page 5 /""" In response to another question from Councilmember Berger, Mr. Pellegrini said that the Tiburon site would "boost" the San Rafael sites to acceptable MERA levels, and that the Mt. Tiburon site would provide (immediate) coverage to downtown Tiburon, Belvedere, Strawberry, and Sausalito. Mayor Gram asked for a description of the exact location and configuration of the antennae at the Mt. Tiburon site. Mr. Pellegrini said that one antenna was pointed at San Pedro and one was pointed towards Big Rock (previously stated as Mt. Dollar), and then back to the Zack house. Mr. Pellegrini described the antennae as being at the same height as the house which rendered the site "not the best" in his opinion. He noted, however, that MERA had studied the site and said that it met their coverage objectives. Mayor Gram asked if the site was chosen for aesthetics versus technicalities. Mr. Pellegrini said that his experience in the wireless communications industry demonstrated that "you rarely get the best site," and noted that no one was maintaining the Mt. Tiburon was the best site in this instance. Mr. Pellegrini said his understanding was that MERA chose the site to have the least visual impact in the community, in other words, it was in a location where the antenna would not create a silhouette on the skyline. ;""'. Mr. Pellegrini reviewed some of the data from the Power Density Study prepared by a MERA [EIR] consultant which showed the EMF levels emanating from the proposed Mt. Tiburon facility to be lower than the federally-mandated limits acceptable for the "general public." In response to a question from Councilmember Slavitz, Mr. Pellegrini said that the Mt. Tiburon site would have nine radio channels operating at a maximum of 200 watts each, or 1800 watts total. However, he clarified that the 1800 watts that was not a power density calculation. Someone from the public asked about the power levels on the [public] trail that ran by the site. Mr. Pellegrini said that the [MERA] engineers had estimated a maximum ground level calculation on the rise of the berm (next to the tank) at 76.1 % of the general public limn. He said the [Zack] house was on the same level as the main beam of the antenna and haG btlet:f. measured at 21.6% of the general public limit, while the [Zack's] playhouse had beeIf calculated at 1.2% of the general public limit. Mayor Gram asked for clarification as to which antennae were pointing at the Zack home. Mr. Pellegrini said it was the panel antennae, not the microwave antennae. Councilmember Slavitz asked a theoretical question about whether the limits would be exceeded or changed if the antenna fell during an earthquake and was re-directed. Mr. 1"'"'. Town Council Minutes # 10 -2002 April 17 , 2002 Page 6 .r-.. Pellegrini said he could not make those calculations. This led Councilmember Berger to ask what would happen "if things went wrong." Mayor Gram pointed out that the purpose of the hearing was "not to assess danger from waves," since everyone held a different opinion on that issue. A member of the audience asked for a better description of "tissue heating" resulting from exposure to microwaves. Mr. Pellegrini said that the [general public limit] values were set well below levels where effects from heating would be seen. Councilmember Fredericks asked whether the dosing Mr. Pellegrini was showing in his slide was taken over the same period of time as the dosing levels set by the government as the safe limit. He answered that his slide showed dosing in "an instant" and not over the six-minute interval of the government safety standards. Mayor Gram asked for a description of the next site on the agenda, SugarloafDrive. Mr. Pellegrini said the orientation was the same as lower down on Mt. Tiburon, but that the issues to be negotiated would be the height of the antenna, the clearance for the antenna, and existing trees. He said the site was different in that there were no houses in the directly in the path of the antenna but rather were located down slope on either side of the site in question. ".-.. Mr. Pellegrini said that power density studies would have to be done for the site, but he predicted lower emissions [due to the relative proximity of the homes]. Finally, Mr. Pellegrini described the Gilmartin Open Space site. He said the location was lower than the other two described above, but closer to the Bay, which might make it a better vantage point. He said the visual impacts spoke for themselves, but there would be issues associated with maintaining the site, such as building a road to it. Pellegrini noted that there were no residences in the immediate vicinity. Someone from the audience asked where the idea of this [Gilmartin Open Space] site had come from. Mayor Gram and Councilmember Thompson both replied that the Town owned the property and it was the farthest away from any residences (as opposed to the Sugarloaf and Mt. Tiburon sites). Mr. Pellegrini concluded his presentation. Marty Nichols, Executive Director ofMERA, said that everything stated in Mr. Pellegrini's report was accurate. r-. Councilmember Slavitz asked if MERA had considered a mobile facility in Southern Marin and whether it would be feasible. Mr. Nichols said it would not work and that temporary options were only that. Town Council Minutes # 10 -2002 April 17 .2002 Page 7 I"" Mr. Slavitz asked if the other MERA sites had been built and were operational. Mr. Nichols said no, but that the goal was to be up and running by the end of the year. In order to accomplish this goal, the facilities would need to be in place by October in order to allow time for training of safety personnel. Someone from the audience asked Mr. Nichols ifhe would be comfortable raising his children under one of these antennas. He said he would. Mr. Nichols also responded to a question about whether the antennae would be transmitting all the time (24-7) and he said no. Richard Chuck, MERA engineer, said that one channel would be in use all the time, and the facility would be used at 60% capacity most of the time. Mayor Gram opened the public hearing. Mary Ellen Wetlesen, 101 Mt. Tiburon Road, spoke on behalf of COPAS (Citizens for an Open Process on Antenna Siting). She said that the current discussion should have been part of the EIR process conducted three years ago [by MERA]. She said that if the homeowner's group had been involved at an earlier stage, many of the problems could have been flushed out sooner. r-. Ms. Wetlesen noted that the (Tiburon) Planning Commission had unanimously voted to deny the conditional use permit application for the Mt. Tiburon site two years ago and had told MERA to find another site. She said MERA was back again and so were they (COP AS). Ms. Wetlesen said that COPAS had hired their own consultants, Viking Global, at their own expense in order "to protect our families." She said that the Town and MERA had "forced us into this." She said that the Town deserved the 97% coverage promised by MERA but said that the Mt. Tiburon site was not the best site to accomplish this. Gunnar Wetlesen, 101 Mt. Tiburon, said that COPAS had made a number of suggestions to MERA but that MERA had simply not put enough money into the project "to do it right." He said there was no third-party input or analysis into the MERA findings and that it was "unfortunate that MERA can't keep Motorola honest." He said that such third party analysis was required by the Town's Wireless Communications Standards. Mr. Wetlesen also said that "the presence of one antenna invites another," and noted that MERA was currently working on guidelines about whether to sell sites to other carriers. Mr. Weltesen introduced one of the Viking Global consultants, Steve Weber. Mr. Weber, a radio engineer, said he had worked on the siting of thousands of antennas. With the aid of a PowerPoint presentation, he demonstrated his own analysis of the MERA system. He showed a map of coverage without the Tiburon and Sausalito sites and then of Southern Marin with the Mt. Tiburon site. In Mr. Weber's analysis, there were still coverage ,,-. Town Council Minutes # 10 -2002 April 17 , 2002 Page 8 r- gaps in the 10 I corridor, the southern portion of the Tiburon Peninsula, and parts of Sausalito and Marin City, with the proposed Mt. Tiburon antenna. Councilmember Thompson pointed out that the gaps in coverage would include "old" Tiburon, Hillhaven and Trestle Glen. Mayor Gram noted that in Mr. Weber's model, the Mt. Tiburon antenna was at 35 feet, representing the placement of the two, 2-foot transmitters. Mr. Weber said the MERA permit was for one 35-foot antenna. Mr. Weber said that the Sugarloaf site, with a 65-foot antenna, had "pretty good" and "better" coverage than Mt. Tiburon. But according to Weber, some of the coverage issues in the Strawberry/Mill Valley area were the same. On the other hand, Mr. Weber said that an antenna on Wolfback Ridge, placed on an existing I 35-foot facility, would cover Highway 101, Sausalito, and Belvedere/Tiburon. Executive Director Nichols responded that it (alone) would not provide the 97% coverage required by MERA. Mayor Gram asked about the Gilmartin Open Space site. Mr. Weber said it was "terrible," and would require a road to be built for maintenance, as well as trenching. r- Mr. Weber asked why MERA had not considered the Wolfback Ridge (existing antenna) site. He said there were too many obstacles at the Mt. Tiburon site, such as the Zack house, the water tank, and a fence, which would cause the receiver to "get swamped out by its own transmitter." Mr. Weber then touched upon the microwave transmission issue at the Mt. Tiburon site. He said that the recommended [MERA] mitigation measures said that exposure within 20 feet would result in exposure over the occupational limits. Mayor Gram asked whether going above the occupational limit would harm a person. Mr. Weber said "it might cause harm," and also raised the question of whether the estimated calculations at the site were accurate. Mayor Gram asked if Mr. Weber thought the maximum exposure at the Zack house was 76.1%. Mr. Weber replied that it could be higher and that he thought the study was flawed. He stated that it was "extremely unusual to have an antenna pointing into a house." Mr. Weber concluded his presentation by stating that the 97% coverage required by MERA was not possible from the Mt. Tiburon site, and that alternate sites were not being considered by MERA. He said that the main "driver" of MERA was "not to change anything," and further, that MERA would not consider a two-site solution to provide sufficient radio coverage. ,..... Town Council Minutes # 10 -2002 April 17 . 2002 Page 9 ~ Mayor Gram asked Mr. Weber whether his company had done any EMF studies at the Sugarloaf site. Mr. Weber said no, but that his evaluation of the site was that it did not have the same potential for harm that the Mt. Tiburon site did. Weber also said that the Sugarloaf site was in a "saddle" which was not ideal for 97% coverage, in his opinion. Councilmember Slavitz asked Executive Director Nichols if the Mt. Tiburon site met the MERA coverage requirements. Mr. Nichols replied that it did, and that it also met the taxpayer's requirements. Mr. Slavitz asked about the gaps in coverage, and Mr. Nichols replied that "on average" the system worked as a whole. The next Viking Global consultant, Gary Izig, presented his findings on MERA's licensing process. He said that MERA had until June 2003 to build the system or lose its FCC license, but noted that the authorization was issued to the County of Marin, not MERA. He said that although this could be assigned, any "material change" would open the door to a legal challenge. He said a 30-day public notice period would be required by a "petition to deny" from concerned parties. Mr. Izig said that the County [not MERA] was authorized to construct one, II-meter (35- foot) antenna for broadcast panels with a 21-foot high limit for microwave antenna. He said the MERA proposal for Mt. Tiburon was for a 65-foot monopole and a 35-foot pole for microwave antenna. /'"' Someone from the audience asked whether the Town's Building Department could stop work on an illegal permit in this case. Mr. Izig said the FCC rules were very specific and the permit question would have to be referred to the FCC. Mr. Izig said that MERA's contract with Motorola stated that all sites would be in Marin County, but noted that two were located in Sonoma County. Mayor Gram suggested that Motorola could waive these items since it was in their contract with MERA. Mr. Izig said that the contract stated that MERA agreed to obtain all FCC licenses and that the approvals would be in MERA's name. Neighborhood studies were required under the contract, according to Izig. Someone from the audience asked if anyone could challenge any site on this basis. Mr. Izig answered affirmatively. Someone else queried whether any other sites might be in violation. Mr. Izig said he did not know the answer to this question. Mr. Izig said that once a Petition to Deny has been filed, the FCC has 60 days to review the petition but is not required to make a decision at the end of those 60 days. With regard to emissions standards, Mr. Izig said that a "layman's guide" could be obtained from the FCC website (wireless.fcc.gov). ~ Town Council Minutes # 10 -2002 April 17 , 2002 Page 10 ,,-. In summary, Mr. Izig said that: . MERA had no authority to construct its facility on Mt. Tiburon . MERA's application did not comply with the height limits . There were no amendments to the MERA application on file with the FCC Mr. lzig also said that the County had certified that the emissions levels were not exceeded at the site but that he was unable to locate these findings. Mayor Gram asked Mr. lzig whether he had previously made this presentation to MERA. Mr. lzig answered affirmatively. Mayor Gram asked ifMERA's legal and technical consultants agreed with these findings. Executive Director Nichols said they did not. Councilmember Thompson asked whether MERA had studied the Wolfback Ridge site at ground level. Executive Director said they had but thought they still needed two sites (in southern Marin). /"'"'. Councilmember Thompson asked why MERA couldn't use ("piggyback onto") the existing large, commercial antenna on Wolfback Ridge. Executive Director Nichols said that the issues were time and money--a second site was needed, and an entire supplemental EIR would be required which could take up to nine months. Mayor Gram asked ifMERA had any other reasons not to pursue the Wolfback Ridge site. Mr. Nichols said no, but that the MERA experts maintained that two sites were needed (if this site were utilized). Richard Chuck, MERA engineer, said he did not think the Wolfback Ridge location would afford coverage to other public agencies to the South and East (and that was the reason for selecting the Mt. Tiburon location). Gunnar Wetlesen said the reason for the contentiousness of the hearing was that no citizen involvement had been solicited in the process. He said it was not the role of the citizenry to prove all the technicalities. However, he said that COPAS' counsel had requested copies of the contract and design documents for their review. Mr. Wetlesen asked the question, "why not build big antennas where big buildings are?" He proceeded to cite the example of the Southern Marin Fire Station which he thought MERA should have considered as an alternate site. Mr. Wetlesen said that Cingular Wireless had filed an application with the District in March and had already received approval to install an antenna on that facility. ,,-. Town Council Minutes # 10 -2002 April 17 , 2002 Page 11 ; ....-.. Mr. Wetlesen said that it was "distasteful" to use the EIR process as "a bludgeon" against the citizens, when they had the best interests of the community at heart. He proposed that MERA hire better consultants and do actual testing at the alternate locations. He also pointed out that none of the other MERA antennae was located anywhere close to homes. Howard Zack, 99 Mt. Tiburon Road, 13 year resident, said that the entire process was surreal to him when he heard other people talk about the impact of the antenna placement on his home. He said it was like a Hollywood movie. He complained of the "duplicitous way" the EIR was fashioned to not show his house at all. He said that the European guidelines for emissions were 100 times lower than those of the FCC, and that it was well documented that chronic exposure has been linked to cancer. He stated that he and his family did not want to be "guinea pigs." Mr. Zack spoke of the high cost of hiring their own consultants, and how he and his neighbors had been "demonized as wealthy NIMBYS standing in the way of a county-wide emergency system." He said the opposite was true; that he and his neighbors supported such a system but had demanded that the process be open and handled with integrity. He said now they felt they were in double jeopardy. ....-.. Mr. Zack implored the Councilmembers to be true to their oaths of office and uphold the Constitution. He said that privately they had told him of their desire to "do the right thing for our citizens." Mr. Zack asked them to do so now. Mary Ellen Wetlesen asked MERA Executive Director Nichols why MERA could not lease some land for the antenna in Tiburon like they were doing in Bolinas. Mr. Nichols said the land lease was being sought in Bolinas because the Fire District had reneged on its original agreement to use their building for the antenna. Mayor Gram closed the public hearing. Councilmember Berger said he was on the Planning Commission that had denied the MERA CUP application for Mt Tiburon. In that denial, Berger said, the Commission asked for further study of other sites. Berger said that a more vigorous and more expert review was still needed of alternate sites. He said that everyone wanted a better radio system, especially after September 11, 2001, but that Mt. Tiburon was not the site. Berger said that the Wolfback Ridge site needed further study by MERA. /"'" Councilmember Slavitz thanked everyone for their participation in the hearing. He said that he too had been on the Planning Commission when the MERA application was denied. He said that the process was "backwards" now, in that the Council was discussing alternate sites when no applications were on file, like "talking in the abstract." Town Council Minutes # 10 -2002 April 17 . 2002 Page 12 J r--. Slavitz said it was MERA's responsibility, rather than the Town's, to make application for alternate sites. He said MERA should follow the process, i.e. make application, have public input, followed by decision-making. Councilmember Fredericks said she shared some of the same sentiments as her fellow Councilmembers. She said that it was important to "address the realities of citizens" with regard to EMF's and that alternate sites for the MERA antenna should be considered. Councilmember Thompson said that he had a long history with the MERA application. He thanked Executive Director Nichols for going to Sacramento and actively seeking an alternate site on Angel Island. But he echoed the frustration expressed by the Mt. Tiburon residents at the EIR process and said the Board of Supervisors had demonstrated a "double standard" in its approval. Councilmember Thompson said he wasn't convinced that either of two other issues pertaining to the Mt. Tiburon site were satisfactorily addressed by MERA: I) impact on health; and 2) whether the system would "do its job" at that location. r--.. Thompson said the Council did not support the Mt. Tiburon site two years ago and still didn't. He said that after then-Executive Director Brock Arner had withdrawn MERA's appeal of the Planning Commission denial, Thompson called every month to see if alternative sites were being considered. This request went unanswered until the Angel Island location was most recently considered. Thompson said that there had to be better covered for the Tiburon and Belvedere areas. He said that Wolfback Ridge should only require a Negative Declaration, in his opinion, if that site were considered. He said that Wolfback Ridge seemed more favorable than either Sugarloaf or Gilmartin. He noted the problems of having an antenna in dedicated open space. Thompson said the Town Council was being proactive in holding public hearings, and that he would be willing to "go all the way to the Supreme Court" to fight the placement of the antenna in an unfavorable site. Mayor Gram said that it was clear that the Council was not willing to choose one site over another, but that it was his sense that Mt. Tiburon was not favored by anyone on the Council. Gram reiterated Vice Mayor Slavitz' remarks that no actual application was before the Council for consideration. But he also said that the Council had been told that MERA did not need an application to move forward to construct the antenna on the Mt. Tiburon [MMWD-owned] site. r--. Gram agreed that it was a good idea to look at the Wolfback Ridge location and said that MERA should explore it and determine whether it was a "Neg Dec" site. He agreed with Town Council Minutes # 10 -2002 April 17 . 2002 Page 13 J r"'. Councilmember Thompson that the Sugarloaf location appeared to be the superior site (over Mt. Tiburon and Gilmartin) with regard to coverage and an impact on homes in Tiburon. Finally, Mayor Gram stated that the Mt. Tiburon site should not be on the table for consideration by MERA. 8. Recommendation by Planning Director - Tiburon Court Precise Development Plan (a) A Resolution of the Town Council of the Town of Tiburon Amplifying and Supplementing Provisions of the Tiburon Zoning Ordinance with Respect to Planned Development #18b by Approving the Tiburon Court Precise Development Plan and Adopting a Mitigated Negative Declaration and Mitigation Monitoring Program - Assessor Parcel Nos. 39-061-80 & 86 Planning Director Anderson said that story poles now existed at the site which depicted a new, three-unit development proposal. He said the alternate design addressed the Council's concerns about "clustering" in the four-unit development, and said the current proposal was less likely to appear as one structure. r---. Anderson noted, however, that the houses in the three-unit proposal were considerably larger than before, with the addition of pool houses (not to exceed 500 square feet) behind the homes, which would bring the total square footage of the houses to 16,200 versus the 13,700 in the four- unit development (both inclusive of garages). The Planning Director also said the proposal for bonded landscaping around each home in the four-unit plan had not been repeated in the three-unit proposal. However, he said the landscaping proposal to shield the project from Trestle Glen Boulevard remained. Anderson recommended that Council adopt the Negative Declaration for the project and adopt one of the resolutions for either a three-unit or four-unit development. During its questioning, Council expressed concern about the addition of the accessory buildings (pool houses), stating that they might in fact contribute to a clustering effect that was the purpose of the request to reduce the number of houses in the project. In response to a question from Council, Planning Director Anderson said that detached accessory buildings would also have been permitted in the four-lot project within the allowable square footage. Councilmember Thompson said that his idea was to keep the original bulk and mass of the homes in the four-unit proposal, but to have them separated and more spread out in the new three-unit plan. /'"" Town Council Minutes # 10 -2002 April 17 , 2002 Page 14 ~ r-- The applicant told Council that the three-unit proposal did not supersede the four-unit project, which was still on the table. He said that the new, three-unit development contemplated larger, "estate-type" homes of which the pool houses were a necessary component. The applicant also asked that the conditions of approval be written as such to disallow any further reduction of square footage at the Design Review Board level. Councilmember Fredericks asked if the approved application would go to the Design Review Board without the placement of the actual building envelopes being determined. Planning Director Anderson said the Town had received the revised drawings and these were on display in the Council Chambers. Planning Director Anderson noted that the estimated total square footage for basements in the three-unit project was 5,400 square feet versus 7,200 in the four-unit proposal. Councilmember Berger asked for clarification of the definition of "basements" in the Town Code, which Planning Director Anderson provided. Councilmember Berger said he thought it might be difficult to meet the standards stated in the Code's definition of basements from an architectural standpoint and asked that the applicant be aware of these standards. Councilmember Slavitz also asked about fencing and whether it was allowed. ",-... Mayor Gram opened the public hearing. Karen Halsey, 14 Juno Road, representing "Friends of Trestle Glen Hill," said she appreciated the efforts of the applicant and the Town Council to create a three-lot project which would reduce traffic and parking issues in their neighborhood. However, she expressed concern with the "dramatic increase in size" (40%) of the homes, which she said was not consistent with the Town's policy that "new development shall be in harmony with surrounding neighborhoods." Ms. Halsey asked that the Council only allow accessory buildings if there were neither visible from the road nor higher than 10 feet. Charlie Zabielskis, 12 Juno Road, said there was no protection in the Belveron neighborhood from construction equipment parking, or construction worker parking, detours, noise from construction, and other issues related to the project. He asked that Council put some protections into the resolution it adopted. (Council replied that these issues were already addressed by existing regulations.) Susan Erb, 20 Juno Road, suggested the Council postpone making a decision on the project due to the lateness of the hour. r-- Town Council Minutes # 10 -2002 April 17 , 2002 Page 15 & "....... Janica Anderson, 3 Mercury A venue, said the bonded screening of vegetation surrounding the homes should be retained, as well as the trail easements. She said the neighbors did not want "another Turtle Rock" development. Planning Director Anderson clarified that the trail easements (and one trail installation) were in both proposals. Mayor Gram closed the public hearing. Council discussed how to modifY the resolution(s) under consideration to take into account its desire to eliminate the pool houses and further direct the Design Review Board on the following issues (through modification and adoption of the language contained in Conditions 5, 6 and 7 of the Resolution as shown below): "5. It is intended the design review applications for all three Lots will be submitted simultaneously such that the Design Review Board can assess the level and appropriateness of clustering that would result, and, if necessary, make adjustments pursuant to Condition 6 below.... I""" 6. It is recommended that the Design Review Board should further reduce the floor areas for any or all houses in this subdivision, and/or reposition proposed homes within the existing building envelopes as necessary, if the homes appear to be too closely clustered. The Board should carefully consider placement and extent ofhardscape and landscaping, as well as the extent of active roof lines, in addressing the visual effect of the homes with respect to clustering. 7. Any approved fencing (only allowed within the "residential use areas" of each Lot) shall be low-key, minimally visible, and blend into its surroundings. Fencing of the total perimeter of the "residential use area" of any Lot is prohibited...." MOTION: To adopt the Resolution for the three-lot proposal for the Tiburon Court Precise Development Plan and adopt the Mitigated Negative Declaration and Mitigation Monitoring Program, including the elimination of accessory buildings, as amended above. Berger, seconded by Slavitz A YES: Unanimous Moved: Vote: 8. Recommendation by Town Attorney - Amend Chapter 16A of Town Code pertaining to Real Estate Signs - (Introduction andjirst reading of Ordinance) a) An Ordinance of the Town Council of the Town of Tiburon Amending Chapter 16A of the Tiburon Municipal Code regarding Real Estate Signs exempted from Regulation /"'"'. Town Council Minutes # 10 -2002 April 17 , 2002 Page 16 ,-... Council waived the Staff report. It was noted that the proposed ordinance reflected a request from the Marin Association of Realtors to change the weekday allowed for real estate open house signs from Thursday to Wednesday. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Slavitz, seconded by Thompson AYES: Unanimous Mayor Gram read, "An Ordinance of the Town Council of the Town ofTiburon amending Chapter 16A of the Tiburon Municipal Code regarding real estate signs exempted from regulation." MOTION: Moved: Vote: To pass first reading of above ordinance. Slavitz, seconded by Thompson A YES: Berger, Fredericks, Gram, Slavitz Thompson REGULAR AGENDA 9. Recommendation by Director of Public Worksffown Engineer - Award of Contract for Ferry Dock Access and Safety Improvement Project r. Director of Public Works/Town Engineer Echols recommended that Council award the contract to the low bidder, Maggiora & Ghilotti, in the amount of $696,696. He said the engineer's estimate for the project was $656,400. He recommended that Council defer taking action on the alternate bid for improvements to the fountain plaza area. Moved: Vote: To award the contract for the Ferry Dock Access and Safety Improvement Project to Maggiora & Ghilotti, in the amount of $696,696. Slavitz, seconded by Fredericks AYES: Unanimous MOTION: 10. Recommendation by Town Manager - Reorganization of Town Council Committee Appointments Mayor Gram asked for the item to be continued to the May 1,2002 regular meeting. 11. Oral Report by Town Manager- Town Hall Space Plan Update & Authorization to Proceed Town Manager McIntyre'said the most recent proposal by Staff to acquire approximately 250 square feet of file storage was to create an extension of the second floor at Town Hall into the rear of the Town Council Chambers, creating a "dropped ceiling" effect for about 10 feet. r, Town Council Minutes # 10 -2002 April 17 , 2002 Page 17 .~ Council indicated it was not in favor of this plan and directed the Town Manager to fmd an alternative. COUNCIL. COMMISSION AND COMMITTEE REPORTS Councilmember Fredericks reported that the Congestion Management Agency had voted not to place the sales tax measure on the November ballot. Ms. Fredericks indicated that she thought more public education of the related issues needed to be explored. WRITTEN COMMUNICATIONS Town Council Weekly Digest - AprilS, 2002 Town Council Weekly Digest - April 12, 2002 Town Clerk Crane Iacopi highlighted the Special Event permit application for an antique car show on Main Street on Saturday, April 27, 2002. There were no Council comments on the two Digests. ADJOURNMENT 1"". There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 12:20 am., sine di AITiJ16 t:.84J'<' DIANE CRAN~ , TOWN CLERK r- Town Council Minutes # 10 -2002 April 17 . 2002 PagelS