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HomeMy WebLinkAboutTC Min 2001-06-20 , I""". TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thompson called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 20,2001, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Gram, Matthews, Slavitz, Mayor Thompson Bach PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Planning Director Anderson, Finance Director Stranzl, Assistant to the Town Manager McVeigh, Director of Public Works Wilson, Chief of Police Odetto, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Thompson said Staff was given direction on the following matters: ,-., CONFERENCE WITH LABOR NEGOTIATOR (Section 54957,6) Bargaining Unit - Non-represented Employees Bargaining Unit - Tiburon Police Association Negotiator - Town Manager CONFERENCE WITH LEGAL COUNSEL - CURRENT LmGA TION (Section 54956.9(a)) Schmidt v. Town of Tiburon American Coach Builders v. Town of Tiburon CONFERENCE WITH LEGAL COUNSEL - PENDING LmGATION (Section 54956.9(b)) Name of claimant: David Connors CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Section 54956.8) Assessor's Parcel Number: Property Owners: Subject: 055-131-19 Pine Terrace Property Owners Instructions to Negotiator concerning price and terms of payment ,-. Town Council Minutes # 18-2001 June 20,2001 Page 1 ~ INTRODUCTION OF NEW TOWN EMPLOYEE Planning Department Secretary - Connie Cashman Planning Director Anderson introduced Connie Cashman who was taking the place of retired Planning Secretary Penny V orster. Town Manager McIntyre also introduced Pat Echols, new Director of Public Works/Town Engineer, who was in the audience. Mr. Echols said he was excited about joining the Town Staff on July 16, 2001, a'nd that he brought 15 years of experience in Marin County to the job. ORAL COMMUNICATIONS None. CONSENT CALENDAR (1) Appeal of Design Review Board Denial of an Application to Construct a Fence at 35 Reed Ranch Road; AP# 34-301-02 - Ernest Ware, Applicant/Appellant) (a) A Resolution of the Town Council of the Town ofTiburon Upholding the Appeal of Ernest Ware with New Conditions of Approval For Application to Construct a Fence at 35 Reed Ranch Road ,-. (2) Report by Finance Director - Monthly Investment Report - May 2001 (3) Recommendation by Finance Director - Bond Issue for Stewart Drive Undergrounding Assessment District (a) A Resolution of the Town Council of the Town of Tiburon Authorizing Issuance of Bonds - Town ofTiburon, Stewart Drive Undergrounding Assessment District (b) A Resolution of the Town Council of the Town of Tiburon Ordering Changes and Modifications - Town ofTiburon, Stewart Drive Undergrounding Assessment District Mayor Thompson asked to amend the percentages stated on p. 16, Section 3.07 (ii) as follows: Change 7% to 9% and 1.5% to 3%. (4) Request by Town Clerk - Adoption of Resolutions Pertaining to the 2001 Municipal Elections -- (a) A Resolution of the Town Council of the Town of Tiburon Ordering and Calling a Municipal Election in the Town of Tiburon for the Purpose of Electing Three Councilmembers Town Council Minutes # 18-2001 June 20,2001 Page 2 -- (b) A Resolution of the Town Council of the Town ofTiburon Providing that the Cost of Printing and Handling the Candidate's Statement Shall be Borne by the Candidate and Paid for at the Time Nomination Papers are Filed (c) A Resolution ofthe Town Council of the Town ofTiburon Requesting the Marin County Board of Supervisors to Consolidate the Election and Authorize the County Clerk to render Services Regarding the Municipal Election to Be Held on November 6,2001 (5) Recommendation by Finance Director - Special Tax Levy for Point Tiburon Community Facilities District 1985-1 (a) A Resolution of the Town Council of the Town ofTiburon Levying a Special Tax Rate for the Property Tax Year 2001-2002- Community Facilities District No. 1985-1 Point Tiburon Development (6) Recommendation by Town Manager - Proposed Employment Agreement with Patrick F. Echols r-. MOTION: Moved: Vote: To approve Consent Calendar Items 1 through 6, above, as amended, Gram, Seconded by Slavitz AYES: Unanimous ABSENT: Bach REGULAR AGENDA (7) Report by Town Manager - Proposal to Remove Trees Along Tiburon Boulevard at Reed School Town Manager McIntyre read the Staff report. He said the trees in question were on Reed School property, but also noted that the Town's ordinance allowed removal of trees when a hazardous condition was present. McIntyre said that the Town had hired an independent arborist to make a recommendation after the School District's consultant, Ralph J, Alexander, had advised the District on the condition and removal of the trees, He said the developer of Chandler's Gate had agreed to the conditions of removal and replacement specified in the School District's proposed removal and landscape plan, and had also agreed to pay $60,000 in mitigation fees to the Town. Mayor Thompson added his comments that he had personally asked to be briefed on the subject and had asked that the matter be brought to the Council for review. He reiterated the fact that the __ Town had hired an arborist, whose report confirmed the unhealthy condition of the [eucalyptus] Town Council Minutes # 18-2001 June 20,2001 Page 3 r-... trees in question. Thompson said that the choices facing the School District and the Town were either to work with the developer of Chandler's Gate and accept their proposal to remove the trees, or do it later at a cost to the taxpayers. Thompson made it clear that he favored the former solution as a custodian of public funds. Bruce Burman, a partner in the Chandler's Gate development, said they were committed to the removal and replacement of the [eucalyptus] trees, which would beautify and enhance Tiburon Boulevard. Ray Moritz, arborist, said that many of the eucalyptus trees in the 326 foot row were imminently hazardous or near failure. He showed samples of wood rot and trunk breakage to the audience in pictures and material. Moritz said that 9 of the 27 trees were imminent hazards, and the other 18 had hazard characteristics. He said he recommended the removal of all of eucalyptus trees. He pointed out, however, there were plenty of other plants there, including 14 Coast Live Oak trees, which would remain standing. Mortiz said one reason for the failure was that PG&E had topped the trees at 27 feet above grade and that they had grown to heights of 73 feet with weakened trunks. Therefore, the trees posed a fire and electrical hazard, as well as a hazard to schoolchildren from falling limbs. Mr. Mortiz said that too much topping and widespread rot would result in the eventual decline and death of the trees anyway. He said the Town's arborist, Mr, Bryan, agreed with his ,-. conclusions. Moritz said he recommended removal and cutting the trees to low stumps 15-20 centimeters above grade. He said the reason to leave the stumps was to secure the berm on which they stood and that they could be successfully covered and landscaping installed around them. Council asked some questions regarding the grinding and removal of the stumps versus leaving them there. Mr. Moritz again said he thought the removal would jeopardize the stability of the berm, but said there would be plenty of room to landscape around the stumps. David Schwartz, landscape architect for Chandler's Gate, described the plants and trees included in the replacement plan. He said some of the "box" trees would be 17 feet high by 11 feet wide and would provide adequate screening of the project from Tiburon Boulevard. He said there was a mix of deciduous and evergreen trees to be planted, and that the existing oak trees would become more vigorous after the removal of the eucalyptus trees. Mr. Schwartz said they would provide deep irrigation for the new trees and would educate the School District on how to best maintain them in the future, based on a one or two year maintenance agreement. He also said that a soils assessment had been done and concluded, "it was not a bad soil." -- Council asked a number of questions about the screening and how long it would take for the trees Town Council Minutes # 18-2001 June 20.2001 Page 4 __ to fill in and grow. Mr. Schwartz admitted that the screening would be "less dense" than it was now, but estimated that in a year or so the alders and willows would grow five or six feet. Councilmember Gram pointed out that the power lines at approximately 35 feet above grade would not be covered, but Mr. Schwartz said that the willows had a mature height of30-35 feet and the alders would grow higher, He also commented that he had heard that the Town was interested in undergrounding the wires along Tiburon Boulevard. Councilmember Gram replied that the Town had wanted to have conduit laid along the Multi-Use Path during the Belvedere Drainage Diversion Project, but that this idea had been thwarted due to the Army Corps of Engineers' insistence on maintaining a wetlands area in the vicinity of the project. Mayor Thompson opened the public hearing. Jill Barnett, 50 Peninsula Road, asked if $60,000 was really enough to replace the landscaping. Susan Kern, 72 Lagoon Road. disputed the assertion that the replacement trees would grow as fast as stated by the arborist. She also questioned why the school district had not maintained the trees properly. Laurel Wilson, Vice President of the RUSD Board, and 27-year resident of Belvedere, said the ,-. damaging cuts made to the [eucalyptus] trees were done by PG&E, not the school district. She said the Board did not ask for this problem and said it was fortunate that the developers of Chandler's Gate had come along "at the right time" to help resolve it. Nat Marans, Spanish Trail, asked that the trees in front of the Hilarita be spared. He also said the voters were promised that the screening would remain in front of Chandler's Gate. Jim English, 18 Lyford Drive, asked if the noise and dust impact in the short and long term had been considered when the decision was made to remove the trees. Ray Moritz, arborist for Chandler's Gate, commented on this question. He said that numerous studies had shown that a forest would have to be hundreds of feet thick in order to buffer noise. He reiterated that trees were "not sound barriers." Art Kern, Peninsula Road, also commented about the growth rate ofthe proposed replacement trees. He said the Victorian Box, which he had his wife had planted, had not grown over two feet in two and a half years. He said it would take 10 years for the [new 17 foot] trees to reach 30 feet. r- Haig Harris, 46 Lagoon Road, said he was "severely impacted by the removal" of the trees. He disputed that the removal had anything to do with the school district's budget or safety of children. Town Council Minutes # 18-2001 June 20,2001 Page 5 " Harris said if that were the case, every tree on every school property should be checked, so that a Pandora's box was now being opened. He branded the proposed removal as "rude" and "insulting" to the community, especially on the heels of the removal of the vegetation from the Multi-Use Path (for the Belvedere Drainage Diversion project). Wendy Lyndon, 204 Scott Street, Mill Valley, kindergarten teacher at RUSD, said she had been through safety training at FEMA and knew first-hand about the hazards of the eucalyptus trees on that campus. Steve Petterman, 55 Rolling Hills Road, commented on the "odd" timing of the removal of the , trees in concert with the housing project. He also said he was troubled by the removal of the foliage along both sides of Tiburon Boulevard, which he said preserved the beauty and character of the community. He asked how the Council could allow this "scarring." - Mayor Thompson commented on the "unfortunate timing" of the removal and said that although the decision was painful, the reality of the health of the trees was a fact that had to be addressed. Allan Littman, Rolling Hills Road, said that six eucalyptus trees had to be removed on Owlswood Drive, and suggested there might be more important issues to address. r- Sonny DeSimone, Vistazo West, teacher's aide for five years and master gardener, said the eucalyptus trees had surpassed their maximum age and questioned why anyone would want to keep a dead and dying tree. However, she said it would be important to keep some shade for the schoolchildren. Barbara Meislin, Lyford Drive, 36 year resident, asked if anything could be done to underground the utility wires along Tiburon Boulevard that would be exposed with the removal of the trees. Mayor Thompson and Councilmember Gram commented on the Town's efforts to do this, but concluded that they were not optimistic due to the bankruptcy ofPG&E and the other factors stated above. Ms. Meislin said that some countries did not allow utility wires near schools, She also wondered why the trees were dying along Lyford Drive, and suggested that some sort of "greening committee" be formed to study this and other issues and to make proposals to the Town. Hilda Davis, 515 San Rafael Avenue, Tiburon Peninsula resident since 1958, complained that the removal of trees seemed to be "a pattern," noting the recent removal of the eucalyptus trees near the Donahue Building. ;"'. Linda Stanley, 40 Lagoon Road, 25-year resident, said she was "shocked" by the changes she had seen in this time. Town Council Minutes # 18-2001 June 20,2001 Page 6 r- Janice Gram, 8 Venado Drive, said she had previously served on the RUSD Foundation Board and said "we knew about these trees for 21 years." She asked how they could be restored to health and urged the Council to "maintain the integrity ofthe noise and visual barrier" along Tiburon Boulevard. Nora Telderitis, Lyford Drive, questioned the integrity of the Chandler's Gate developers who spoke of the "lush landscaping" of the development in their advertisements. Shelly Brown, Reed School parent, and principal of a school in San Rafael, said she did not like the "pot shots" that were being taken at the school district and its administrators. She s,aid the district was lucky to have [Superintendent] Chris Carter. Heidi Obermeyer, 3 Warren Court, teacher at Bel Aire, said the Council was being diplomatic in its approach to the problem. Chris Carter, RUSD Superintendent, said she was unaware of the tree problem at Reed School a year ago, but that now that it had been brought to her attention, she was obligated to face the issue of a hazardous situation. Mayor Thompson closed the public hearing. Councilmember Slavitz asked whether the landscape plan had been finalized. ,-. Dave Schwartz, Chandler's Gate arborist, said they were further along after all the public meetings, and that the quantities and diversities of the trees had been increased as a result. Vice Mayor Matthews commented about the contradictory statements he had heard about the growth rate of the trees. Mr. Schwartz commented that the soil on the Belvedere Lagoon was different than the area in question, and that sometimes "too much water" was a factor in the growth rate. Ray Moritz, arborist,concurred that too much water "stifles growth." Councilmember Gram asked if plastic would be used to cover the stumps, and said he would like to hear again from the Town's arborist that had recommended removal of the stumps. Mayor Thompson said what he had heard from the public was a desire to see bigger, taller trees. Mr. Moritz said he had done a video analysis and that the 19-22 foot trees would cover the ridge of the development. ,-. Mr. Schwartz also noted that the vegetation was quite dense on Lagoon Road and that there were only a few points where a person could actually now see the development. Town Council Minutes # 18-2001 June 20,200/ Page 7 -- Superintendent Chris Carter said the District's landscape consultant, Ralph Alexander, was working with the developer's arborist, Mr. Schwartz, on finalizing the agreement. She also said the District would be evaluating all of the trees on its campuses. Mayor Thompson said the agreement would be signed before the trees came down. Town Manager McIntyre recommended that Council allow him to authorize the removal of the trees once the agreement was in place with an appropriate two-year maintenance schedule (noting that a one-year survival guarantee was standard in most contracts) and receipt of the $60,000 mitigation fee from the developer. Council unanimously agreed with this recommendation and concluded that allowing the developer to remove the trees was the best possible solution, under the circumstances. (8) Presentation by Traffic Consultant - Tiburon Boulevard & Stewart Drive Traffic Signal Warrant Analysis Planning Director Anderson said that a 1999 Council subcommittee, consisting of Mayor Thompson and Councilmember Gram, had authorized the Town to move forward with an independent analysis after receipt of a CAL/TRANS study which said the intersection did not meet warrants for a traffic signal. - Bill Burton, certified traffic engineer, presented his findings, and compared them with the CAL/TRANS findings. He said the intersection was "unquestionably unsafe" due to the fact that it did not meet [CAL/TRANS] sight distance requirements, but also said that it was a proven fact that traffic signals increased the incidence of rear -end accidents. He concluded that although a traffic signal was not warranted at the intersection, it was more of a political question, and stated that other measures could be taken to address some of the issues. Councilmember Gram asked about whether the timing of other signal lights along Tiburon Boulevard could be changed to create "gaps" and therefore make the need for the light unnecessary, Mr. Burton said increasing the gaps would cause "platooning" of vehicles. Councilmember Slavitz pointed out that the other study encouraged continuous flow of traffic on Tiburon Boulevard. Councilmember Slavtiz identified the two primary problems at the intersection as pedestrian safety and the inability to turn left onto Tiburon Boulevard, and asked what else could be done to address these issues. He said he concluded that changes to the roadway to improve the line of sight would be much more expensive than installing a light. Mayor Thompson asked about the installation of a "beacon" (warning) light. -. Town Council Minutes # 18-2001 June 20,2001 Page 8 ,-. Councilmember Slavtiz asked Mr. Burton ifhe was recommending against the traffic signal installation. Burton replied that the traffic signal might be the least expensive solution. Dan Ross, 533 Comstock Drive, former Homeowner's Association President (and chairman of the HOA traffic committee) said the neighborhood had spent 25 years addressing the problem. He concluded that they were "farther ahead" than they were five years ago, but said they still had 185 signatures on a petition to the Town in favor ofinsta1ling a light at the intersection. Mr. Ross thanked Council for undertaking the most recent study. He encouraged Council to take the recommendation of the Staff report, to consider installation of a light and to pursue appropriate funding. Vice Mayor Matthews asked Mr. Ross ifremoval of the eucalyptus trees at the intersection had improved some of the sight issues. Mr. Ross agreed that it had. John Kern, 166 Stewart Drive, said that Tiburon Boulevard could never be built today the way it exists at that intersection. JeffBabikian, Stewart Drive, said his wife was nearly involved in an accident while crossing at the intersection. Mary Meyers, 544 Silverado Drive, said it was almost "impossible to get out" [make a left turn __ onto Tiburon Boulevard], and that her children encouraged her to go the long way, over Hacienda Drive, rather than run the risk of being hit. Margarita Perry, 549 Silverado Drive, current HOA president, said there were actually more accidents at the intersection than people reported. She also said that going over the hill [Hacienda Drive] exacerbated the school traffic problem on Avenida Miratlores. Mayor Thompson closed the public hearing. He opened his remarks by stating that the pedestrian safety issue at the intersection was most important and advocated the installation of a beacon light. Councilmember Gram said that it was now clear from both the CALffRANS and independent traffic study that the intersection did not meet warrants for the installation of a traffic signal. He asked how the Town could instaII a traffic light and not suffer a backlash, so he suggested instead that the Town look at the entire length ofTiburon Boulevard for an answer. Vice Mayor Matthews agreed that it was not so much a question of funding as whether the traffic signal made sense at that intersection. He said the evidence pointed to "close calls" rather than serious accidents at the intersection; however, he left open the idea of "trying" a light. r- Councilmember Gram said it would probably cost $200,000 to install a traffic signal there. Town Council Minutes # 18-2001 June 20,2001 Page 9 -- Councilmember Slavitz asked whether the Tiburon Boulevard lights could be synchronized. John Kern said his neighborhood group had assumed that any light would be operated or activated by pedestrian or vehicle traffic only, in order to keep traffic flowing on the Boulevard. Council accepted the report and agreed to further review by the subcommittee (Thompson/Gram) of the recommendation for possible signal light or other technologies at the Stewart Drive intersection. (9) Presentation by Traffic Consultant - Tiburon Boulevard Traffic Operations Study Planning Director Anderson said that the Town had received a small ($15,000) MTC grant for the study. Traffic consultant Brian Sowers made the presentation. He said the goal of the study was to look at the entire Tiburon Boulevard corridor and make recommendations for vehicle, bicycle and pedestrian safety, as well as improvements to traffic flow, Sowers said that timing devices could be installed in the lights along Tiburon Boulevard and that signs alerting drivers to this fact would improve the number of vehicle stops by 15% and travel time by 10%. Mr, Sowers detailed these suggestions and others which were contained in the -- "TETAP - Town ofTiburon, Tiburon Boulevard (SF131) Traffic Operations Study Final Report Prepared for: Town ofTiburon, Marin County, California Department of Transportation (Caltrans), and Metropolitan Transportation Commission (MTC)." Councilmember Slavitz said the report was well done. Council thanked Mr. Sowers for his presentation and accepted the report. (10) Recommendation by Town Manager and Finance Director - 2001-2002 Proposed Budget (a) Approval of the Proposed Town Compensation Policy (b) Approval of the Proposed Town Financial Policies (c) A Resolution of the Town Council of the Town ofTiburon Amending Resolution No, 3425 ModifYing the Adopted Fiscal Year 2001-2002 Municipal Budget Plan for the Town ofTiburon Town Manager McIntyre said the budget was balanced, although it did not yet reflect the changes to compensation for the unrepresented group of Town employees. He said the budget also reflected an increase in the Department of Public Works budget to reflect the hiring of a new -. Town Council Minutes # 18-2001 June 20,2001 Page 10 ,-. DirectortTown Engineer, and a Planning Department increase to hire a new planner (3/4 time) to work on updating the General Plan. McIntyre said the Capitol Improvement Budget did not include the Stewart Drive Assessment District project or any improvements to Tiburon Boulevard as recommended in the school traffic circulation study. He said that Finance Committee had reviewed Items a, b and c above, and were comfortable with them. Town Manager McIntyre was directed to come back to Council with resolutions adopting the above items. COUNCIL. STAFF. COMMITTEE REPORTS AND RECOMMENDATIONS (11) Recommendation by Town Manager - First Right of Refusal- 68 Reed Ranch Road, Tiburon After a brief discussion of the possible purchase and whether there would be any benefit to the Town, Town Manager McIntyre was authorized by Council to send letter stating Town had no interest in purchase. ,-. (12) Recommendation by Planning Director - Reconstitution of the BicyclelPedestrian Advisory Committee Councilmember Slavitz agreed to take Thompson's place on committee. Town Clerk Crane Iacopi was authorized to advertise for two (2) public openings, WRITTEN COMMUNICATIONS Town Council Weekly Digest - June 8, 2001 Town Council Weekly Digest - June 15,2001 The letter from Library Director Mazzolini concerning possible expansion of the Library was noted. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Thompson adjourned the meeting in memory of Joan Bassett, at 11 :37 p.m., sine die. ~ -- ANDREW TROMPS Page 11 Town Council Minutes # 18-2001 June 20.2001 /""', I"""' r-- ATTEST: ~~ DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 18-2001 June 20,2001 Page 12