Chair Fraser called the regular meeting of the Parks & Open Space Commission to order at 7:05 P.M., Tuesday, April 8, 2003, in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

PRESENT: COMMISSIONERS: Lindqvist, Fraser, Zender, and McMullen

ABSENT: Canter

EX-OFFICIO: Town Engineer/Public Works Director Echols

Bruce Abbott of 458 Greenwood Beach Road stated that he was thankful for the plants at Blackie's Pasture.

There was none.

Tiburon Planning Manager Dan Watrous gave a brief overview of the staff report prepared for the tree permit application received by Joyce Tayer to remove 14 trees adjacent to the Blackie's Pasture parking lot. Watrous cited the Town's newly adopted tree policy and stated that all applications for visually prominent trees are to be heard by the Parks and Open Space Commission for their recommendation to the Town Council, who will make the ultimate decision on the application. Watrous analyzed the view impact the trees have on Ms. Tayer's property and some of the surrounding homes, as well as the condition of the trees. He informed the commission that there are two different sets of standards that are part of the review of this application.

Watrous stated that most of the trees that Tayer proposes to remove are either non-native or undesirable. They are very visually prominent from both Tiburon Boulevard and the homes on Greenwood Beach Road, East Terrace, and Reed Ranch Road. There are generally in good health and are adjacent to an active park (Blackie's Pasture). They do provide some screening of the parking lot for the residents on Greenwood Beach Road and some of the homes uphill from the parking lot, but they do grow up into the views for the homes at lower elevations, such as Ms. Tayer's home. In accordance with the Tiburon Tree Ordinance, the application was also reviewed to determine if removal of the trees would cause any hazardous conditions and it was found that removal would not cause any undue effects in terms of erosion or increased surface water. Watrous encouraged the commission to consider the effect that removing these trees will make on the overall character of this portion of Blackie's Pasture.

This will be ascertained by either discussions between CalTrans and the Town or by a surveyor. Any trees that are on town-owned land are exempt from the provisions of the tree ordinance.

Watrous recommended that the commission take public testimony from the applicant and meeting attendees to aid in their recommendation to the Town Council. He reiterated that the role of the commission is not to make a decision on the application but to rather to get feedback that they can forward to the council, who is the body responsible for making the final decision.

Joyce Tayer gave a general overview of her application and reasons for wanting to remove the trees. She explained that she has lived in her home at 10 East Terrace since 1964 and that upon the purchase of her property she had unobstructed views of Blackie's Pasture, the shoreline, bay, and San Francisco. Over the years, however, the trees that she proposes to remove have continually encroached upon those views. She would like to see those views restored not only because she enjoys them, but because the obstruction of them has caused her property value to decrease.

Tayer recently discussed the history of Blackie's Pasture with a former Parks and Recreation Commissioner, George Ellman, and found that many projects proposed in the Blackie's Pasture area had been denied because the Town was sensitive to Tiburon residents wanting to preserve their views.

Tayer stated that she has been working with Larry Smith of the Tiburon Peninsula Foundation to discuss ways to mitigate the removal of the trees with other species that will not grow to heights that will again obstruct the views of Reedland residents. Further, the foundation suggested extending the irrigation, a project that the foundation would provide 501(c) funding for.

Tayer feels that the Heritage and Arts Commemorative Tree Program should not plant trees in Blackie's Pasture until all the nuisance trees have been dealt with.

Mike Hancock of 8 East Terrace spoke in support of Tayer’s application to remove the trees in Blackie’s Pasture. Hancock stated that per a conversation with Town employee Dave Davenport, there remains a great deal of potential growth in the trees, particularly with the Monterey pines that could potentially grow to be forty feet high and four feet wide. Hancock further stated that he is concerned that the trees on the east berm could potentially cause traffic problems along Tiburon Boulevard in the future. Hancock believes that the trees were an inappropriate selection for the area in which they were planted.

Burt Rutkin’s residence at 9 East Terrace is across from the trees that Tayer has proposed to remove and stated that although the trees are not currently in his view, he fears that they will grow to obstruct his view of the shoreline in the future. He stated that he was in support of trimming the cottonwood tree in Blackie’s Pasture. He asked that the Town make a responsible decision regarding this permit because the trees in question affect the views of many residents in the Reedlands neighborhood.

Ruth Carlson, a resident of Tiburon since 1957, handed photographs to the commissioners of the unobstructed views she had when she originally purchased her property. Carlson maintained that although she believes the Town should have trees, those trees should not grow higher than fifteen to twenty feet so that they do not impact the views of Tiburon residents and that the Town should use this application to set an example for future issues regarding trees. Carlson stated that she has enjoyed her views for the past forty-six years and is concerned that she may someday lose her view of San Francisco entirely.

Larry Smith of the Tiburon Peninsula Foundation commented that his board reviewed Tayer’s request to remove trees in Blackie’s Pasture to restore her views and felt that the removal would not cause an aesthetic impact to Blackie’s Pasture. The foundation felt that the request was reasonable provided the removal was somehow mitigated to provide screening of the adjacent parking lot. Smith stated that he would like to see the foundation and the Town work together to identify appropriate vegetation to replace the trees and extend the irrigation to ensure their success.

Smith continued by stating that he was blindsided by the request to remove the Evergreen ash because the Tiburon Peninsula Foundation is committed to trimming those trees if they become a problem. Smith notified the commissioners and the audience of the grove’s dedication ceremony scheduled for May 7, 2003. Smith feels that the grove, along with the cottonwood tree, looks very attractive. However, Smith and the foundation are willing to serve as a conduit for the residents to raise funds to provide mitigating vegetation if the proposed tree removal is approved. Smith believes it is owed to the neighborhood to restore their views and noted that Tayer’s late husband, a former Tiburon mayor, played a significant role in the purchase of Blackie’s Pasture.

Ann Ross of 16 Reed Ranch Road commented that she has noticed that most of the problems her homeowner’s association is faced with have to do with trees and view obstruction. Ross has cut many of the trees on her property per her neighbors' requests and feels that her neighborhood has been able to effectively resolve tree issues amongst themselves. However, because Tayer’s application involves trees on Town (and possibly CalTrans) property, they are dependent upon the Town’s assistance and approval. Ross commented that the trees in question are responsible for a lot of debris and that many have dangerous limbs that should be removed. Ross concluded by stating that she is in support of Tayer’s application.

Bruce Abbott of Greenwood Beach Road stated that the proposal has a profound influence on his home. The grove of trees that Tayer has proposed to remove currently shields his home from the parking lot adjacent to Blackie’s Pasture. Abbott stated that the trees have been in the pasture since he purchased his home in 1976. Abbott stated that in 1992 myoperums were planted along Tiburon Boulevard to provide screening and that the screening terminates at a certain point because it is not necessary to go any further. Abbott stated that although he appreciates his neighbors’ fondness for their views, he would like to preserve the screening that the trees provide. If the trees are removed, Abbott continued, it would take ten to fifteen years for the new trees to grow to a height that would provide adequate screening. If it is determined that the trees must be removed, Abbott asks that the trees be topped until the new vegetation has time to grow to a height that provides adequate screening. Abbott concluded by stating that he, along with many other residents, has an interest in preserving greenery in the pasture.

Marsha Summers, resident of the Redlands since 1989, commented that her residence originally appealed to her because of the nine trees on her property. However, during the time she has owned her property, Summers has removed and dramatically cut back most of her trees due to the demands of her neighbors. As a result, Summers no longer has the privacy her trees once provided. Summers stated that topping and trimming trees can cause severe damage them and asked that the Town approach whichever solution they choose very carefully. Summers stated that she, along with many of her neighbors, appreciate the mature landscaping in the Reedlands.

Don Comfort of 13 East Terrace, a 24-year veteran of the Tiburon Police Department, agrees with Summers that careful consideration must be given to the remedy of this issue. Comfort fears that if everyone in Town were interested in restoring their views, the Town would suffer a great loss in its amount of trees.

Dorothy Donahue believes that the Town's current tree ordinance provides no protection for residents that resided in Tiburon for over thirty years. During the past thirty-five years, many of the trees on her property have been deformed because of trimming and topping. Donahue maintains that if homebuyers are interested in having views, those views should be there when the property is purchased and residents should not go to the extreme of cutting trees to acquire views.

David Lui of 21 North Terrace spoke on behalf of Christopher Wand, president of the Reedland homeowners association. Lui confirmed that their association hears of numerous tree disputes between neighbors. The reason that trees are an issue in the Reedlands is due to the topography of the area. The Reedlands HOA believes that the trees Tayer is proposing to remove have experienced an unusually rapid period of growth due to a broken water main in the area. Lui stated that the HOA board members agree that trees should be maintained. Lui agrees with Tayer that the Town should set an example with regards to providing assistance in maintaining overgrown trees. Lui further stated that high-growing trees should not be planted in Blackie's Pasture because of the view obstruction that they cause. Lui asked that the commission carefully examine the permit and find a resolution that will suit the needs of all residents impacted by these trees.

Andrew Thompson, member of the Town Council and resident of 18 Southridge East, commented that he is very aware of the politics associated with view-obstructing trees and hopes that the Town is able to find a solution that benefits everyone. Thompson gave a brief overview of the Town's tree ordinance and stated that he trusts that the POSC will be able to find a plan that meets the needs of those impacted by the trees.

Zender stated that she likes the creativity of Larry Smith and the Tiburon Peninsula Foundation's offer to provide charitable support to find a solution to the trees. Zender agrees that the trees have grown a great deal and it is important for the Town to work with the residents to find a cooperative solution to restore the views that have been encroached upon over the years.

Commissioner McMullen agreed with using charitable contributions to assist in remedying the situation. However, he feels that the initial plan of removing fourteen trees is extreme and cannot support that proposal. McMullen recommended forming a subcommittee of various parties to work with the Tiburon Peninsula Foundation to find a solution to the application.

Commissioner Lindqvist commented that huge cypress and pines have grown to heights way above the rooflines of the residences in the Reedlands and are now obstructing views. Lindqvist has looked carefully at the trees on Tayer's proposal and it is evident to her that most of the trees have already been topped. Furthermore, most of the trees are invasive and some have grown tremendously fast. Lindqvist stated that the eucalyptus trees are in need of careful pruning and care so that they do not pose as safety hazards. Lindqvist attributed their success and recent increase in growth of the trees, shrubs, and weeds in the area to a broken water line. She further stated that she is opposed to removing the trees without providing a buffer and suggested topping some of the offending trees and growing more suitable vegetation such as the myoperums suggested by Mr. Abbott.

Chair Fraser commented that as the Town and its vegetation mature, more issues will arise. Fraser thinks it would be a disservice to address this issue in isolation and recommends that the Town create a policy or set of guidelines for future applications involving trees and views. It has been Fraser's observation that the determining factor in whether trees are removed or cut is how strongly the applicant pushes the issue, but that no specific guidelines have been incorporated into the Town's General Plan for the trees in Blackie's Pasture and along Tiburon Boulevard.

In response to a question by an audience member, Fraser stated that residents should provide the funds for tree assessments. In an effort to address the application submitted by Tayer as well as many other trees that could potentially cause a problem in the future, Fraser recommended the formation of a subcommittee. He further recommended drafting a policy that would be incorporated into the General Plan.

Planning Manager Watrous noted his observation that the commission seems to want to encourage a thoughtful approach to provide a long-term solution, rather than addressing the application as a single issue, and encouraged the commissioners to consider mitigation.

Councilmember Thompson asked that the commissioners decide which trees should and should not be removed, and identify the types of maintenance that should occur in the future. He encouraged the commission to recommend a management plan for the trees. Commissioner McMullen replied that at this time, the POSC is not able to offer a specific recommendation for this application. Once the subcommittee has examined the application, they will forward their advice to the POSC. The commission will also discuss a plan that addresses managing the Town's trees.

McMullen stated that the he would like the Tiburon Peninsula Foundation to work with homeowners who both support and oppose the application, i.e. a homeowner who has an interest in restoring views and one who wants to preserve screening.

The subcommittee will be comprised of the following:

The subcommittee is scheduled to report back to the Parks and Open Space Commission on May 13, 2003.

Item continued until further notice.

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JIM FRASER, CHAIR

Parks & Open Space Commission

ATTEST:

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PAT ECHOLS, SECRETARY