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HomeMy WebLinkAboutTC Min 2002-01-16 I"*" -. -. , '- ~ TOWN COUNCIL MINUTES TlBURON REDEVELOPMENT AGENCY CALL TO ORDER AND ROLL CALL Agency Members Fredericks, Slavitz, Thompson, Vice Chairman Gram, Chairman Matthews CLOSED SESSION -7:00 PM CONFERENCE WITH LEGAL COUNSEL - CURRENT LITIGATION (Section 54956.9(a)) Claimant: State of California v. Robert L. Kleinert, Executive Officer, Tiburon Redevelopment Agency ADJOURNMENT TIBURON TOWN COUNCIL CALL TO ORDER Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, January 16,2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Gram, Matthews, 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, Assistant to the Town Manager McVeigh, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Matthews said that the litigation was "moving in the right direction" but that there was nothing to report. INTRODUCTIONS . Introduction of Newly Appointed Lieutenant to the Tiburon Police Department - Lt. David Hutton Mayor Matthews said Lt. Hutton had joined the Tiburon Police Department as an officer in 1981 and had been promoted to Sergeant in 1990. Town Council Minutes #02-2002 January 16,2002 Page I r--. Mayor Matthews presented Lt. Hutton with his new badge and congratulated him on his promotion from Sergeant to Lieutenant. PRESENTATION . Presentation by the Romberg- Tiburon Center for Environmental Studies Boardmember Bob Ohrenschall said a few words and introduced and Center Director, Alyssa Arp. Dr. Arp explained the mission of the Center and its affiliation with San Francisco State University. She said there was an annual "open house", along with programs for the public, in addition to the research that goes on at the Center. ORAL COMMUNICATIONS Wayne Snow, 100 Jefferson Drive, said the [Richardson Bay] Sanitary District should be acknowledged for putting up fences around their emergency generators. CONSENT CALENDAR I. Approval of Town Council Minutes - January 2, 2002 Councilmember Fredericks corrected a reference on Page 7 of the minutes to read "Condition 5" rather than "Condition 6" of the referenced Planning Commission resolution. __ 2. Recommendation by Town Attorney - Resolution Regarding Amendment to Promissory Note a) A Resolution of the Town Council of the Town of Tiburon Approving Amendment to Town Manager's Promissory Note MOTION: Moved: Vote: To adopted Consent Calendar Items 1 and 2, as amended. Slavitz, Seconded by Thompson AYES: Unanimous REGULAR AGENDA 3. Recommendation by Parks & Open Space Commission - "Blackie's Grove": Proposal by Tiburon Peninsula Foundation to Install Trees and Other Landscaping Improvements in the Blackie's Pasture Portion of Richardson Bay Lineal Park Planning Director Anderson said that over the past two and a half years, the Tiburon Peninsula Foundation (TPF) had proposed the installation of landscaping and irrigation improvements in the area around Blackie's Pasture in conjunction with a 1994 State tree-planting grant awarded to the Town and a furtherance of the TPF's mission to help build a "sense of community." Anderson said previous plans had been withdrawn by the TPF after rejection by the Parks & Open Space Commission. He said the current proposal, known as "Blackie's Grove" (actually, r--. "Groves 1 and 2"), included the addition of seven (7) trees, granite paths and benches. Town Council Minutes #02-2002 January 16,2002 Page 2 r- Also included in the project was a proposal to lower and spread out an existing berm, which would be hydroseeded and planted with flowers. Mr. Anderson said that all of the above elements had been reviewed and approved by the Parks & Open Space Commission, however, the TPF had subsequently withdrawn one element of the project, the removal of the Cottonwood tree in the vicinity of Grove No.2. Anderson said that in its review, the POSC had recommended approval of Grove No. I, the leveling of the berm, and removal of the Cottonwood Tree to address view blockage issues. However, he said the Commissioners were not in favor of planting new trees in the Grove No.2 area. Anderson said that Staff also recommended approval of the project on this basis. He said the issue of the Cottonwood tree did not need to be resolved in context of the proposed project and could be addressed at a later date as part of a "bigger picture" review of the issue of trees on public land. Councilmember Fredericks asked about maintenance costs associated with the installation of Grove No.1. Planning Director Anderson said it would be "a nice gesture" if the TPF offered an endowment for maintenance of the new grove. __ Councilmember Fredericks asked about the age of the existing coral eucalyptus trees in Grove No.2. Anderson estimated that they were 20-30 years old. Councilmember Slavitz asked about the future of the Cottonwood tree in [future] TPF proposals. Larry Smith said the Foundation's position was that "we can't spend our donors' money to cut trees down" and that the area would be turned into a beautiful grove either way. Smith said the Parks & Open Space Commission wanted to see what the area looked like without the Cottonwood tree before they made a decision on whether any more trees should be planted. Mayor Matthews asked if the POSC had adopted a "wait and see" approach on Grove No.2.' Smith said that although the planting of trees in Grove No.2 was not supported by POSC, the Commission had approved the grading and installation of benches in that area. Mayor Matthews opened the public hearing. Harry Heath, resident of 440 Greenwood Beach Road since 1959, said the Cottonwood tree had always been part of the view and that he was upset at the thought of its loss. He said it was the most beautiful tree in the grove and that after the November 13 POSC recommendation for removal, he had become concerned. He said that his homeowner's group had subsequently submitted a petition to Council opposing removal of the tree. -- III Town Council Minutes #02-2002 January 16,2002 Page 3 "----~~--~--- r-- Mr. Heath advised Council to follow the mandates of the Tiburon Tree Ordinance in making its decision, that is, if it [the tree] did not "unreasonably" or only partially obstructed a view, not to remove it. He pointed out that the Cottonwood tree only partially obstructed the view of neighbors on East Terrace in the Reedlands and that it was, at that point, more than 800 feet away. Mr. Heath also said the Cottonwood was a "heritage tree" which deserved special attention under the Town's ordinance. Bert Rudkin, 9 East Terrace, said he and his neighbors had submitted a petition to remove the Cottonwood tree because the tree had really "popped into view" in the last five to seven years. He said that he and his neighbors would be back when the Council discussed the issue of view blockage from trees on public land. Councilmember Thompson asked whether the East Terrace neighbors objected to either Groves 1 or 2. Mr. Rudkin said that Grove No. 1 would have no impact. Joyce Tayer, 20 East Terrace, said she had a direct view to the San Francisco Bay and the City which was being obstructed by the Cottonwood tree and the proposed new Grove No.2. She presented a photo (taken a year ago) of the Cottonwood tree in her view. -. Mrs. Tayer said her late husband had helped acquire Blackie's Pasture while he was on the Town Council and she asked Council to preserve the area for everyone's use in the future. Mike Hancock:, 8 East Terrace, said the Cottonwood tree and two adjoining eucalyptus trees had started to obstruct his view and would continue to do so as they grew. He said he feared that a second grove would also continue to grow too tall. Ann Seabury, 30 year resident, 757 Tiburon Boulevard, said she walked her dog in that area every day and that she loved the Cottonwood tree. She referred to a unique sound made by the leaves during the summer that was very beautiful. She asked Council not to remove the tree. Pam Snellgrove, 442 Greenwood Beach Road, said she spent a lot of time walking by the "magnificent, deciduous" Cottonwood tree and was opposed to its removal. She said she was troubled by a possible precedent being set if the Town starting taking down trees on public land in order to address the view issues of residents. Wayne Snow, 100 Jefferson Drive, said he liked the current proposals for Groves 1 and 2 and thanked both POSC for conducting thorough hearings and the TPF for its pursuit of the project. Eleanor Becker, 467 Virginia Drive, said the people complaining about view blockage probably lived higher up than she did, however, she said she would not mind the removal of trees as "we have plenty." -- Town Council Minutes #02-2002 January 16,2002 Page 4 r'" Mayor Matthews closed the public hearing. Councilmember Slavitz commended the TPF for staying out of controversy by withdrawing its request to remove the Cottonwood tree. He said he had no problem with Grove No.1, but he agreed with Mr. Rudkin that the global issue of trees on public land and private views should be addressed. Councilmember Thompson sought clarification of the proposals. Planning Director Anderson confirmed that the Grove No.2 proposal was for grading only, the installation of a path and benches, and no new trees. Thompson said he did not think the trees in Grove No.1 would grow high enough to obstruct any views and that the "clean up" in Grove No.2 would improve the area. Vice Mayor Gram thanked Larry Smith for his perseverance and said the proposed project was a "very acceptable plan." He suggested that the Town get a proposal to "trim and thin" the Cottonwood tree and see how much it would cost. Mayor Matthews said the Foundation had done a fine job and that there were valid and sensible arguments on both sides of the Cottonwood tree issue. He said his philosophy was "when in doubt, do nothing," and that it would be appropriate in the future to review the issue of trees on r-- public land. Moved: Vote: To adopt the Parks & Open Space recommendation to approve Blackie's Grove, minus the [removal of the] Cottonwood tree. Thompson, Seconded by Slavitz AYES: Unanimous MOTION: 4. Recommendation by Parks & Open Space Commission -: Landscaped Berms Between Tiburon Boulevard and Blackie's Pasture Planning Director Anderson said creation of the berms was a joint venture between the Town and "Blackie's Brigade" in 1995, but that the vegetation had grown so tall that it now had caused view loss to the homes across Tiburon Boulevard. He said the Parks & Open Space Commission had been presented with the issue in November and had considered three options, which were also before the Town Council: 1) Do nothing (i.e. continue current landscape maintenance); 2) Remove and replace the taller plants with water tolerant landscaping (to be provided by the Tiburon Peninsula Foundation); 3) Trim or cut back the existing vegetation. Anderson said that POSC had voted for Option No.2 and said that Staff concurred with this r-- recommendation. Town Council Minutes #02-2002 January 16,2002 Page 5 r" Anderson also said the TPF had agreed to assist with plant replacement costs and would provide a revised landscape plan for future review. Councilmember Thompson asked if there was an irrigation system in the berm. Anderson affirmed this. Thompson asked if the Town-landscaped area near San Rafael Avenue was also irrigated and was told it was. But Thompson pointed out that the plants in that area were also drought resistant. A member of the public commented that the irrigation system (in the Blackie's Pasture area) did not seem to work half the time. Councilmember Fredericks asked about the State demand for a refund of grant money if trees were removed from the berms. Planning Director Anderson said that there was a possibility that more of the original $11,000 would have to be returned to the State, but pointed out that the TPF had agreed to cover the $3600 demanded by the State in 1999, or apply it (in kind) to the planting of trees in Blackie's Grove. Council then discussed the process by which to move forward in the plant replacement plan. Planning Director Anderson said that POSC had recommended a palette of plants similar to that r" planted between San Rafael Avenue and Rockhill Drive (along Tiburon Boulevard). Larry Smith said the Foundation's consultant, Ralph Alexander, could quickly draw up a plan for approval by Assistant Superintendent of Public Works Davenport in order to meet a Spring planting schedule. Jefferson Drive resident Wayne Snow asked whether it would be appropriate to set a height limit in the plan. Mr. Alexander said the new plants would be between 2-3 feet high. Moved: Vote: To accept the Parks & Open Space Commission recommendation for plant replacement on the berms; for the Tiburon Peninsula Foundation to begin work on a revised planting plan for subsequent review by POSC. Thompson, Seconded by Slavitz AYES: Unanimous MOTION: Mayor Matthews added that there should be a "sound irrigation system," as well. 5. Recommendation by Town Manager - Adoption of a Resolution Endorsing Angel Island as the South Marin MERA Site a) A Resolution of the Town Council of the Town of Tiburon Endorsing Angel Island as the Superior Location in South Marin County for a Marin Emergency Radio Authority Site -- Town Council Minutes #02-2002 January 16,2002 Page 6 ;'""' Town Manager McIntyre said that he and Councilmember Thompson had met with State representatives in Sacramento to articulate the idea of Angel Island as the superior MERA location for Southern Marin. He recommended Council adoption of the above resolution and for the Town to seek the endorsement of other MERA agencies, as well. Nick Franco, Angel Island Park Superintendent, said he had met with MERA representatives several times in order to articulate the Park's values and policies with regard to such an installation. He said the proposal to site the facility was taking place in conjunction with the restoration project on top ofMt. Livermore, in which all development, including the access road, was being removed so that visitors could enjoy the view in a more natural setting. Mr. Franco said this type ofland use [by MERA] on State land was especially inappropriate and in violation of the principles of the Public Resources Code. He said that iffederal funds were involved in the MERA project, a Section 106 review would also be required. Another potential problem was the fact that the Island is also on the National Register of Historic Places, according to Franco. Mr. Franco raised the question of how the MERA facility would be maintained and said that neither of the two MERA proposals he had seen to date had addressed this issue. He said it would be necessary for the facility to be "virtually invisible" to be acceptable, but none of the proposals had met this criterion yet. -- Mr. Franco pointed out that as a peace officer he was supportive ofMERA's goals but that he did not think the island location was good, especially in an emergency. He said it would be costly to maintain and repair the facility. Franco said the Town's resolution asked for reconsideration of the State's policies with regard to locating the facility but he commented that the Town did not seem willing to reconsider its own policies nor apply the same standards in this instance. Vice Mayor Gram asked whether Angel Island personnel would "plug into" the MERA system. Mr. Franco said they would not and explained that the Park had its own high frequency radio system which utilized Mt. Tamalpais and seven other sites. Councilmember Thompson said that the Town was not asking Angel Island to reconsider its policy, merely to look at this proposal as a "special circumstance" due to the island's unique location in the midst of such a large urban area. Councilmember Slavitz asked Mr. Franco how long of a review process was anticipated for the MERA proposal. Mr. Franco said if it was a "perfect" proposal, possibly eight months, but that more likely it would take a year and a half in order to go through CEQA, Section 106, and the Department of General Services review. -- Town Council Minutes #02-2002 January 16,2002 Page 7 -- Councilmember Thompson thanked Mr. Franco and the Park Service for being "open minded" to the siting of the proposed MERA facility. He said that Angel Island had always been the "first and foremost" location favored by MERA. Thompson said the Marin Municipal Water District site in Tiburon had merely been the "quickest, easiest location" and that MERA had submitted to the Planning Commission on that basis. Thompson said that utilizing the MMWD site would be "an absolute tragedy" to the BelvedereITiburon community in that it featured an 80-foot tower with lattice that would be visible from both communities, as well as Angel Island. He said the Angel Island facility, on the other hand, would not utilize an antenna at all but could be placed [flush] on the North slope of the island pointing north. Councilmember Thompson asked for the wording of the resolution to be changed to eliminate the reference to "antennae" and to reflect his desire for the Park Service to recognize the unique setting and safety concerns of this urban location. During public hearing, Virginia Brunini, 267 Karen Way, said she thought the only way the Park Service would work with MERA is if they came forward with a "beautiful, perfect and invisible" facility. She asked the Council what its "back up" plans were and said she thought the MERA installation was especially critical in the aftermath of September 11. __ Councilmember Thompson said that MERA had considered "back up" locations, such as Mt. Tiburon, several locations in the Town's Open Space, Wolfback Ridge (in Sausalito), and the Strawberry Fire Station, but that none were as good as Angel Island. MOTION: Mpved: Vote: To adopt above resolution, as amended. Gram, Seconded by Slavitz A YES: Unanimous Town Manager McIntyre said he would schedule a meeting with MERA, Angel Island and Town Council representatives for the following week. 6. Report by Planning Director - Traffic Mitigation Fee Report and Update Planning Director Anderson said the Town began collecting its current cycle of traffic mitigation fees in FY 96-97 pursuant to Town Council Resolution No. 3162. He said that during the fifth fiscal year following deposit of the first fee deposited in such accounts, State law required the legislative body to make certain findings regarding the unexpended funds. Anderson briefly reviewed the use of the funds on specific circulation improvements within the Town, and said that the Council should hold a public hearing at this time and at its next regular meeting, accept public comment, then adopt the findings on February 6. -- No one from the public wished to address the Town Council on this item. Town Council Minutes #02-2002 January 16,2002 Page 8 r-. Councilmember Slavitz commented that it was an excellent report and that he looked forward to the completion of the improvements. Council accepted the report and continued the item to February 6, 2002. 7. Report by Planning Director - General Plan Update Status Report Planning Director Anderson said that Town Staff was in the early stages of updating its seven General Plan Elements. He said the main element, the Housing Element, had to be completely updated pursuant to State law, but he noted that the other elements needed revision as well.. At a minimum, Anderson said, all diagrams (maps), tables, demographic and technical data, and many policies and programs should be updated. Anderson said that up to $150,000 had been budgeted over two fiscal years to complete the update and that the bulk of the work would be done in-house. He said the Town had established a revenue source and would continue to use it. However, Anderson said it was difficult to predict and project the final costs. With regard to the Housing element, Anderson said that some "upzoning" must occur in order to meet the Regional Fair Share Housing Allocations assigned by the State and the Association of Bay Area Governments (ABAG). Anderson said that the aforementioned housing goals would ~ trigger an EIR, which was part of what drove the cost. He also said that public workshops would be required. Vice Mayor Gram asked the Planning Director whether he thought the General Plan could be updated for $150,000. Planning Director Anderson replied that "it will be tight." Vice Mayor Gram said the Town had a good General Plan and that he was not sure that all of the updates, with the exception of the Housing Element, were necessary. He posed the question of how to control costs and said he did not want an "open-ended process." He suggested establishing a list of priorities and doing the "essential" elements first. Planning Director Anderson said it was difficult to separate the elements and that doing it that way could end up costing more. He said that the Housing Element update would most certainly trigger an EIR and he said it would be up to the Town Council and Planning Commission to make some hard decisions to keep the process manageable and costs down. Vice Mayor Gram agreed that the Council should watch the process and costs closely. Planning Director Anderson said that Staff could "polish up" a budget. r-. Town Manager McIntyre said that Staff would keep the Council apprised with regular reporting of costs. He also encouraged the Council and Planning Commission to take the Planning Director's recommendation seriously and "set ground rules" during the public review process. Town Council Minutes #02-2002 January 16,2002 Page 9 -. Councilmember Slavitz asked about the number of affordable housing units required by ABAG. He said there had been no mention of "upzoning" during a recent review of the statistics and wondered why it was now being discussed. Planning Director Anderson said that the 1988 ABAG report called for the creation of over 400 new housing units, and that the Town's current Housing Element had identified only three affordable housing sites, all of which have since been developed with affordable projects. New sites must be identified and zoned to make the number of units possible. Anderson also said that since that time, State enforc~ment had been tightened and realistic opportunities must be created to develop such projects, even if the current number of fair-share units (164) is not actually built. Councilmember Thompson asked why the Town could not oppose the findings based on the arguments against increased density and traffic that the Town had used in the past to control growth. Anderson pointed out the number of housing units on proposed sites was actually rather small, not even one-fifth the size of the Hilarita. He said these small projects and the increase from upzoning would be partially offset by other properties, such as the Martha Company project, that might not be developed to the full density assumed in the General Plan traffic model. -. He explained the concept of an affordable housing "overlay zone," meaning that if those areas were developed for affordable housing, they would be allowed a higher zoning density. Council accepted the status report. PUBLIC HEARING 8. Recommendation by Planning Director - Amendment to Town Code Chapter 13 (Building Regulations) to Reduce the Number and Length of Building Permit Extensions and Increase the Penalties Therefore; And to Revise Sections Dealing with Permit Conditions, Violations, and Expired Permits (2nd Reading and Adoption of Ordinance) a) An Ordinance of the Town Council of the Town ofTiburon Amending Provisions of Chapter 13 of the Tiburon Municipal Code (Building Regulations) Council waived the staffreport. Mayor Matthews opened and closed the public hearing. -. Town Council Minutes #02-2002 January 16,2002 Page 10 ~ There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Gram, Seconded by Thompson AYES: Unanimous Mayor Matthews read, "An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Chapter 13 of the Tiburon Municipal Code (Building Regulations)." MOTION: Moved: Vote: To adopt above ordinance. Gram, Seconded by Thompson A YES: Fredericks, Gram, Matthews, Slavitz, Thompson COMMITTEE AND COMMISSION REPORTS Councilmember Fredericks reported on Jt. Disaster Advisory Council request for publication of emergency information in The Ark. Town Manager McIntyre agreed to apprise Council of the cost to be shared by the other agencies on the Council. WRITTEN COMMUNICATIONS ~ Town Council Weekly Digest - January 4,2002 Town Council Weekly Digest-January 11,2002 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Matthews adjourned the meeting at 9:52 p.m., sine die. ~ 7tt~~~ HARRY MATTHEWS, MAYOR D CRANE IACOPI, TOWN CLERK r" Town Council Minutes #02-2002 January 16,2002 Page 11