HomeMy WebLinkAboutTC Agd Pkt 1996-08-13
TOWN OF TffiURON
PARKS & OPEN SPACE
TOWN COUNCIL
PLANNING COMMISSION
JOINT WORKSHOP AGENDA
DATE:
TUESDAY, AUGUST 13, 1996
TIME:
7:30 P.M.
PLACE:
TOWN COUNCIL CHAMBERS, 1101 TffiURON BLVD., TmURON, CA
I. ROLL CALL
PARKS & OPEN SPACE COMMISSION: Snow, Ferro, Wiviott, Sullivan, Rony,
Canter, Eth (Chair)
TOWN COUNCIL: Hennessy, Ginalski, Thayer, Thompson, Wolf (Mayor)
PLANNING COMMISSION: Greenberg, Klairmont, Sadrieh, Schrier, Siewert (Chair)
II. PUBLIC OUESTIONS & COMMENTS
III. WORKSHOP
1) MAR WEST FLOOD PLAIN PROPERTY - Initial Discussion ofImprovements
to Town's Open Space
A. Presentation of Background and Initial Parks & Open Space Commission
discussions on Schematic Plan by Bruce Ross
B. Questions & Comments (Council, Planning Commission, DRB)
C. Questions & Comments by the Public
IV. CONVENE AS PARKS & OPEN SPACE COMMISSION
V. APPROVAL OF MINUTES - No. 143, July 9, 1996
VI. BUSINESS ITEMS
I. COASTAL CLEAN UP - Statewide - September 21, 1996
2. MARIN COMMUNITY FOUNDATION COMMUNITY FACILITIES DATA
BASE (Wiviott)
3. FORMATION OF COMMISSION SUB-COMMITTEES
A. Belveron Mini Park Improvements
B. Tiburon Ridge Trail ImprovementslDesignation
C. Condition of Multi-Use Path
VII. COMMUNICATIONS
VIII. ADJOURNMENT
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ZELINSKY PLAZA CONCEPTUAL PLAN
ZELINSKY-PARK, TIBURON
PARKS & OPEN SPACE COMMISSION, TOWN COUNCIL,
PLANNING COMMISSION & STAFF
(7:30 P.M.)
(7:35 P.M.)
(8:00 P.M.)
(8:15 P.M.)
(8:45 P.M.)
(9:00 P.M.)
WORKSHOP
MAR WEST FLOOD PLAIN AREA
Discussion Format
I. Introduction (pOSC Chair Eth)
II. Clarification of Uses & Funding (Staft)
- Funds Available (Town Manager)
- Community Survey (Accounting Tech)
- Easement Restrictions (Town Engineer)
m. Zelinsky Memorial Plaza
- Background & Presentation (Bruce Ross)
IV. Council & Commissions' Comments, Questions & Discussion
V. Public Comments & Questions
- New Community Library
- Tiburon Peninsula Club
- Pt. Tiburon Marsh POA
VI. Adjourn
(pOSC Reconvenes for Business Agenda)
MEMORANDUM
TO:
PARKS & OPEN SPACE COMMISSION
TOWN COUNCIL
PLANNING COMMISSION
AUGUST 13, 1996
FROM: HEIDI MCVEIGH, SECRETARY
PARKS & OPEN SPACE COMMISSION
SUBJECT: TOWN'S FLOOD PLAIN PROPERTY
BACKGROUND
The Flood Plain fund was created with $142,800 paid by Innisfree Development Co. in
connection with the Point Tiburon project. The purpose of the fund was to allow the Town to
complete finish grading, landscaping and irrigation of the Flood Plain and other areas south of the
marsh. Rough grading and excavation of the flood plain area was completed by Innisfree in order
to retain the waters from a 100 year storm.
In 1993 the Town's Parks & Open Space Commission approved in principle a conceptual plan for
the subject property with the understanding that no construction work would be started until a
firm construction date is known for the library, at which time the POSC should again review the
schematic plan for any changes deemed advisable. Since this conceptual approval, the New Town
Center has begun construction next to the library and adjacent to the flood plain property. In
November 1995 a community survey was conducted to determine what residents felt was the best
utilization of the flood plain property. The results of the survey are attached as an exhibit.
In February 1996 the Parks & Open Space Commission received a conceptual plan for the Flood
Plain property prepared by Tiburon architect Bruce Ross. The Commission was asked to
approve in concept a memorial plaza to honor the Zelinsky family, which would be constructed on
the flood plain property. At this meeting the Parks & Open Space Commission gave "approval in
the most general way to some kind of Plaza, subject to deciding down the road on how much
[ money] to allocate to the plaza and any other use, and subject to complete review of design, size
and costs.
The Parks & Open Space Commission at its regular meeting of July 9, 1996, discussed the
conceptual plan prepared by Bruce Ross and took public comment. At this meeting the
Commission requested a workshop meeting of the Council, Planning Commission and other
interested parties be scheduled for their regular meeting of August 13, 1996 to receive initial
comments prior to proceeding with a plan for the flood plain property.
Scott Anderson, Planning Director, and Sia Mohammadi, Town Engineer, will be present to
address any questions from the public or the Council and Commissions.
EXHIBITS
1. Memo to Parks & Open Space Commission from Planning Director, w/attachments
2. Site Plan of Flood Plain Property
3. Community Survey Results for use of Flood Plain Property
4. Memo to Town Council from Joint Recreation Committee, dated 2/20/96
5. Conceptual Plan prepared by Bruce Ross
6. POSC Minutes No. of February 13, 1996
7. POSC Minutes No. ofJuly 9,1996
8. Town Attorney's Opinion on Use of Flood Plain Funds, dated 8/5/92
9. Section 7(a) of Point Tiburon Development Agreement
TOWN OF TIBURON
1155 TIBURON BOL:LEVARD . T18URON . CALIFORNIA 94920 . (415) 435.7]7)
FAX (415) 435-243&
MEMORANDUM
EXHIBIT NO. ,
TO: PARKS & OPEN SPACE COMMISSION
FROM: SCOTT ANDERSON, PLANNING DIRECTOR s;4:---
SUBJECT: PROPOSED IMPROVEMENTS TO LAND LOCATED BEHIND THE NEW
TOWN HALL AND LIBRARY BUILDINGS (POINT TIBURON
SUBDIVISION-LOT 10); ASSESSOR PARCEL NOS. 58-171-62 & 85
DATE: 8/7/96
This memo is intended to provide background information on the subject property in order
for the Commission to make informed recommendations concerning proposed
improvements and/or uses of the site.
The property is a portion of Lot 10 of the Point Tiburon Subdivision and was dedicated to
the Town by The Innisfree Companies in 1984 for "public open space and flood control
use" (see Exhibit 1). The specific language describing the dedication is attached as Exhibit
2. Of the uses proposed on the drawing dated 2/13/96, only the bocce ball area appears to
pose a potential conflict with the open space limitations on the dedication. The Town
Attorney has researched this issue and otTers the following:
Generally speaking, as a matter of statewide policy, recreational uses (such as bocce
ball) are encompassed within the meaning of open space uses. However, the terms
of the various dedications made by the Innisfree Companies appear to distinguish
between lands dedicated for open spacelflood control use and lands dedicated for
recreational purposes. Becanse the terms of the dedication of the subject property
do not reference recreation as a per-mitted use, the Town should obtain the written
permission of the developer or his successors-in-interest prior to installation of a
bocce ball court.
There is a reverter clause which would apply should the property be used in contravention
of the purpose of the dedication. The property would revert to the developer or his
successo rs- i n- i n t erest.
1
TOWN OF TIBURON
1155 T1BURON BOLLEVARD . TlBliRON . CALIFORNIA 94()20 . (415) 4~5.7.173
FAX (415) 435-243R
MEMORANDUM
EXIDBIT NO. ,
TO: PARKS & OPEN SPACE COMMISSION
FROM: SCOTT ANDERSON, PLANNING DIRECTOR ~
SUBJECT: PROPOSED IMPROVEMENTS TO LAND LOCATED BEHIND THE NEW
TOWN HALL AND LIBRARY BUILDINGS (POINT TIBURON
SUBDIVISION-LOT 10); ASSESSOR PARCEL NOS. 58-171-62 & 85
DATE: 8/7/96
This memo is intended to provide background information on the subject property in order
for the Commission to malie informed recommendations concerning proposed
improvements and/or uses of the site.
The property is a portion of Lot 10 of the Point Tiburon Subdivision and was dedicated to
the Town by The Innisfree Companies in 1984 for "public open space and flood control
use" (see Exhibit I). The specific language describing the dedication is attached as Exhibit
2. Of the uses proposed on the drawing dated 2/13/96, only the bocce ball area appears to
pose a potential conflict with the open space limitations on the dedication. The Town
Attorney has researched this issue and olTers the following:
Generally speaking, as a matter of statewide policy, recreational uses (such as bocce
ball) are encompassed within the meaning of open space uses. However, the terms
of the various dedications made by the Innisfree Companies appear to distinguish
between lands dedicated for open space/flood control use and lands dedicated for
recreational purposes. Because the terms of the dedication of the subject property
do not reference reueation as a permitted use, the Town should obtain the written
permission of the developer or his successors-in-interest prior to installation of a
bocce ball court.
There is a reverter clause which would apply should the property be used in contravention
of the purpose of the dedication. The property would revert to the developer or his
s u cc esso rs- in - interest.
1
The property is designated "Open Space" in both the Tiburon General Plan and Tiburon
Zoning Ordinance. Zoning regulations for the Open Space (OS) zone are attached as
Exhibit 3. The zone is very restrictive; any improvements are subject to the granting of a
Conditional Use Permit by the Planning Commission. Structures are not permitted in the
OS zone. See Exhibit 4 for the definition of "structure". Of the structures included on the
2/13/96 drawing, only the trellis appears to be problematical because of its height. The
proposed benches and small tables appear to be low-profile and complementary in nature
to the open space use, and designed to enhance the appreciation of nature.
Other observations are as follows:
1. Wetland-type vegetation has been identified in the small drainage swale which
forms the south property line of the subject property, although the area has not
been defined as a wetland. Mitigation measures imposed on the Library and New
Town Hall projects called for the reasonable protection of this vegetation. The
environmental significance of the potential wetland area would need to be more fully
addressed during environmental review of any proposed improvements on the site.
Efforts to avoid disturbance of the potential wetland area through design of the
project would act to limit the scope of environmental review required for this issue.
2. There is an underground Sewerage Agency of Southern Marin (SASM) pipeline
which runs just inside the south property line. The agency has expressed concern
that no weight loading be placed over the pipe. The Town Engineer can better
address this issue, and will be attending the meeting.
3. The current location and height of the bicycle path delineates the barrier necessary
to contain floodwater resulting from a IOO-year storm. The portion of the site north
of the bicycle path is a floodplain area, and was dedicated to the Town primarily for
that purpose. No changes should be made north of the bike path which would act to
reduce the capacity of floodwater containment. The Town Engineer can more fully
address this issue at the meeting.
4. Due consideration should be given to the results of the publicly-mailed survey
concerning possible uses of the site.
EXHIBITS
1. Lot 10 of Point Tiburon Subdivision as shown on the recorded map.
2. Dedication language froll1 recorded subdivision map of Point Tiburon.
3. Open Space (OS) Zone regulations from Tiburon Zoning Ordinance.
4. Definition of "structure" froll1 Tiburon Zoning Ordinance.
posnpt.mem
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EXHIBIT NO.
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"POINT TIBURON, TOWN Or' 'l'.1bUl<UN,
POSED OF 10 SHEETS, AND ARE 4AL
TITLE TO THE LAND SUBDIVIDED~ND
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"lNECESSARY TO PASS CLEAR
REON. :~1-....a:,;'.
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LOTS 3 THROUGH 7 AND LOT9':"Ol"~'l'HIS .BDIVISION" AREA CONDO"lINIUM
PRillECT AS DEFINED IN SECTION-;l350.or:l'l'HE CIVIL CODE OF THE STATE
OF CALIFORNIA AND ARE SUBJECT .TO"THE,PROVISIONS OF THE CALIFORNIA
CONDOMINIUM ACT, TITLE 6, PART ~IV"jDIVISION 2, OF THE CIVIL CODE
OF THE STATE OF CALIFORNIA AND uIS PILED PURSUANT TO THE SUBDIVI-
SION MAP ACT.
"'r;;':<.IJ.;'.;:ihl.t.J-\:~;
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THE UNDERSIGNED HEREBY OFFERS FOR DEDICATION FOR USE AS PUBLIC
STREETS "BEACH ROAD, PARADISE DRIVE, MAR WEST STREET", AND THE
STREET AND SIDEWALR IMPROVEMENTS WITHIN THEM, AND FURTHER OFFER
FOR DEDICATION T~E PUBLIC DRAINAGE EASEMENTS AND THE IMPROVEMENTS
WITHIN THEM.
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WE ALSO HEREBY OFFER FOR DEDICATION IN FEE, LOTS 1, 2, 8, 10 AND '
11 AS SHOWN HEREON, FOR PUBLIC, SCENIC, OPEN SPACE AND PUBLIC
ACCESS; INCLUDING THAT EXISTING STRUCTURE KNOWN AS "DONAHUE BUILD-
ING" LOCATED ON LOT 1 DEDICATED ON AN "AS IS" BASIS RESERVING UNTO
THE DEVELOPER, ITS AGENTS OR ASSIGNS THE RIGHT TO OCCUPY THE
STRUCTURE DURING THE 42 MONTH CONSTRUCTION PERIOD.
FFtEE FROM PtRMANENT STRUCTURES Of" A,'IV KI\lr., ....THt:"" THAN CO''''PLE''';EfI.!TAL(~, [..<CEFJT1NG
THI:. HI::R1HN uc."UUIH:;O UUNAHlJl:. I3U I LDI NG. THE LOCAL AGENCY UK ANY
OTHER MUNICpAL CORPORATION, AGENCY, PUBLIC UTILITY COMPANY, OR
DISTRICT SHALL HAVE THE RIGHT OF ACCESS INTO AND UPON ALL SUCH
'.1. DEDICATIONS FOR THE PURPOSE OF IMPROVING, MAINTAINING, OR REPAIR-
ING SUCH DEDICATIONS AND FACILITIES WI~HIN THEM.
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THE INNISFREE COMPANIES
A CALIFORNIA CORPORATION
EXHIBIT NO. J.
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Tiburon Town Code
SUBCHAPTER 2:
Chapter 16: Zoning
ZONES: ESTABLISHMENT AND REGULATION
sectio~ 2.14.00. OS Zone Reau1ations.
The purpose of the Open space Zone is to preserve those lands
within the Town set aside for permanent open space. While much of
the open space land in Tiburon is publicly owned, a considerable
portion is privately held with recorded use restrictions limiting
the property to open space use.
2.14.01. Permitted Uses (OS).
1. Passive recreational and open space uses such
hiking, picnicking, and the enjoyment of nature.
2.14.02. Conditional Uses Permitted (OS).
The uses listed below shall be permitted only when a Conditional
IIse Permit is granted, as provided in section 4.04.00 of this
Ordinance. Other uses may be added to this list by resolution of
the Planning commission.
1.
Improvement or installation of trails or other
improvements intended to enhance the enjoyment of
nature while minimizing impacts on the natural
qualities of the land.
Other uses which, in the opinion of the Commission,
are similar to that listed above.
2.
2.14.03. Land and structure Reoulations (OS).
By definition, there shall be no new structures allowed on Open
Space lands. Existing structures may be maintained or
reconstructed as provided in sections 5.03.00 and 5.04.00 when
consistent with the General Plan.
Ordinance No. 360 N.S.
Effective 12/26/90
78
Page
EXHIBIT NO. 3
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Tiburon Town Code
SUBCHAPTER 1:
Chapter 16:
PURPOSE, SCOPE, AND DEFINITIONS
Zoning
structure: For the purposes of this Zoning Ordinance,
anything that is built or constructed and requires a location
on the ground, including, unless otherwise specified in this
Ordinance, a building or edifice of any kind, any piece of
work artificially built up or composed of parts; not including
a swimming pool installed in an excavation and extending no
more than three (3) feet above grade, and not including a
fence or a wall used as a fence three and one-half (3 1/2)
feet or less in height, nor landscaping features, decks, or
pavement extending no more than three (3) feet above grade.
Roads, and at-grade paved steps or walkways are not
structures. (See Fence).
structure, Legal Nonconforming:
Structure.
See Legal Nonconforming
Swimming Pool, Private: A pool, pond, lake, hot tub, or open
tank capable of containing water to a depth greater than one
and one-half feet located on the site of a private residence
for the exclusive use of residents of the site and their
guests. It shall not be considered a structure unless it
extends more than 3 feet above grade as defined herein.
Swimming Pool, Common: A pool, pond, lake, or open tank
capable of containing water to a depth greater than one and
one- half feet located on the site of a hotel, motel, or
apartment complex, available for the use of residents and
guests, or a public pool or swim club pool under specified
management rules and policies.
Ordinance No. 360 N.S.
Effective 12/26/90
Page 33
EXHIBIT NO.~
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TOWN OF TIBURON
MEMO
To:
From:
Subject:
Date:
TOWN MANAGER
TOWN CLERK
FLOOD PLAIN USE SURVEY
February 23, 1996
Attached is a copy of and the results from the community survey mailed out with the
November, 1995 Town Newsletter. Approximately 350 responses had been received as of the
date the numbers were tallied (February 9, 1996), and believe it or not, more responses continue
to trickle in. The number of responses is between 7 and 8% of the total mailing.
The results were tabulated using a "weighted" formula suggested by Mayor Wolf. The
top 10 "winners" were as follows:
I. Open SpacelBenches 1,024 points
2. Wildlife Viewing Platform 69 I points
3. Picnic Tables/Grass 503 points
4. GrasslIrrigation 371 points
5. Community Garden 234 points
6. Public Art 198 points
7. Bocce Ball 185 points
8. Pre-School Playground 164 points
9. Chess/Checkers 154 points
10. Horseshoe Pit 98 points
Also attached are additional comments and suggestions provided by the respondents.
Please see me if you have any questions.
D.L. Crane ) I } 1(~
EXHIBIT NO. 3
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TOWN MANA(;i!::R'S OF CE /t1f
TOWN OF TIBURON A
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~Recreation
Department
To: Tiburon Town Council February 20,1996
From: Belvedere- Tiburon Joint Recreation Committee
re: ManiWand Landscape ~
ibeuelvedere-TiburiiiiJiJint Recreation Committee would like to provide the following
input to landscape plans being developed for the marshland area. The Committee would
support a plan which includes a playground structure, picnic tables and an open grass play
area. This type of landscape plan would enable the Recreation Department to use the pam
as a future site for a small sununer day camp for young children and other small events.
RATIONAL
Such a site is necessary for the following reasoll'l:
1) A site close to town would be popular with parents of young children. Currently
our only camp site close to the down town is at Comm~' Pam in Belvedere which
accommodates the 3-5 year old age group. This pam is already used by several
department programs and cannot accommodate another group use during summer
weekdays.
2) While the South of the Knoll park is available, it is more difficult for the
daycamp group to access. Early morning dampness and wind coming 01T the water are
uncomfortable and least tolerated by young campers. Additionally, we believe having the
primary activity site close to the water would make some parent uncomfortable in a
group care arrangement.
3) The department had significant waiting lists for the swnmer of '95. While we do
plan to expand the camp program in '96, staff expect the futUre will hold additional
opportunities for expansion as well. If planned properly, this site could also be used for
other recreation activities or small events as well.
4) The Community Park in Belvedere h."lS a tot lot adjacent to their town hall and
meeting roOIDS. Noise from the playground is minimal and does not disturlJ group using
the facility. The committee feels that a tot lot adjacent to the new library would enlL"lllCe
the community feel of the area. Parents with young children could plan a wonderful outing
to include a morning at the library followed by play in a tot lot and a picnic lunch on pam
picnic tables
EXHIBIT No.4
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PROPOSED RECOMMENDATION
The Belvedere- Tiburon Joint Recreation Conunittee recommends that the marshland area
be landscaped for both active and passive uses to create a town center feeling around the
town hall and library facilities. Landscape plans should include a playground stnIcture,
picnic tables and open gross area conducive to group play and activities. Passive uses to
include paths, benches and area for observatiolL Recognizing the sensitive environment of
the marshland, the conunittee supports developing a landscape plan which will transition
naturally with active uses planned farthest from the environment's sensitive areas to
passive uses nearing the marsh pond.
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PARKS & OPEN SPACE COMMISSION
Ex.nlBITNO. 0
MINUTES NO. 139
CALL TO ORDER
Chair Ferro called the regular meeting of the Parks & Open Space Commission to order at 7:35
P.M., Tuesday, February 13, 1996, in the Town Council Chambers, 1101 Tiburon Blvd., Tiburon,
CA.
,I. ROLL CALL
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PRESENT: COMMISSIONERS: Eth, Wiviott, Snow, Rony, Canter, Chair Ferro
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EX-OFFICIO:
Secretary McVeigh
ABSENT:
COMMISSIONER:
Sullivan
II.
APPRO V AL OF MINUTES
The Commission made the following revisions to Minutes #138 of January 9, 1996
Page 2, 7th paragraph, delete "with his back to the wind".
Page 2, 9th paragraph, delete "hopeful" and replace with "presumably"
Page 2, 9th paragraph, add to last sentence "as no one showed up for the meeting".
Page 2, Under Vote: Add Wiviott as Absent
Page 3, Under Vote: Add Wiviott as Absent
Page 4, under MOTION: change to "no parking time limitations"
MOTION:
Moved:
Vote:
to approve Minutes No. 138, January 9, 1996, as amended
Rony, Seconded by Snow
AYES: Unanimous
ABSENT Sullivan
III. PUBLIC OUESTIONS AND COMMENTS
There were none
IV. BUSINESS ITEMS
I. MAR WEST FLOOD PLAIN
Mayor Nicky Wolf advised the Commission that in early December 1995 ajoint workshop
POSC MINUTES #139
FEBRUARY 13,1996
PAGE 1
session of the Council, Planning Commission and Design Review Board was held to
review the Library and New Town Center projects. At that meeting there was a general
consensus that a plaza in honor of Fred and Juanita Zelinsky should be incorporated as
part of the Town's flood plain project. In order to finalize the amount of property the
Zelinsky family will give to the Town, they have requested the Commission approve in
concept the placement of the plaza on the flood plain property,
Bruce Ross, architect, displayed his conceptual plan for the Zelinsky Plaza on the flood
plain. He is recommending a paved plaza area with an overhead trellis structure. He
noted the Design Review Board felt a trellis, instead of trees, was appropriate to leave the
area open. The plan also proposes a raised path, manicured lawn area, benches and two
" bocce ball courts. He noted this plan is consistent with the results of the Community
survey for use of the flood plain property. He briefly reviewed the previously approved
plan, noting the loop path to a marsh overlook is a threat to the marsh habitat, Bill
Davoren is working on a marsh overlook that would be less intrusive to the marsh habitat.
He noted his plan restricts development to the edge of the flood plain property and leaving
the rest alone.
Responding to questions from the Commission, Ross indicated the Plaza is on open space;
does not reduce overall parking; leaves 90% of the flood plain property alone, which was
the #1 response on the community survey; and may be paid with restricted flood plain
funds left over after grading, raising the path, and landscaping.
The Commission expressed concern that the plan was presented to them this evening, not
allowing time for proper review,
Mia Bayshore, Marsh Road, stated she liked the plaza idea, as she looks out on the
property everyday. She requested that the remaining open space be left as natural as
possible.
Martha Proctor, Marsh Road, spoke in favor of the plan. She noted the marsh is again in
need of having cattails removed.
Commissioner Canter questioned, in approving the concept of a plaza, could the concept
of trees rather than a trellis be considered during the final approval process? Ross replied
yes.
Commissioner Snow stated he does not have a problem of approving in concept a plaza
that would be dedicated to Fred and Juanita Zelinsky.
Commissioner Rony noted the Commission is being asked to set aside Open Space for a
plaza and to allocate restricted Flood Plain funds for construction. She feels it is
appropriate to have a plaza, but feels the Commission should have an opportunity to walk
POSC MINUTES #139
FEBRUARY 13, 1996
PAGE 2
.'
the site with the plan.
Commissioner Wiviott stated she likes the concept of the plaza tieing the Library and
Town Hall together, but would like to have an opportunity for a site visit.
Commissioner Eth stated that some kind of plaza makes sense, but he does not know how
big or small it should be. His biggest concern is with the use of Flood Plain funds for the
plaza project.
Chair Ferro liked the plaza proposal, but was concerned with being presented a plan this
evemng.
Mr. Ross indicated that if the Commission approved the plaza in concept this evening, the
matter would go to the Council for them to budget funds for the Commission to select
and work with a designer for the project.
MOTION:
Moved:
to set up a site visit
Rony, Seconded by Ferro
After discussion the motion was withdrawn by Commissioner Rony.
Moved:
Vote:
to approve in the most general way some kind of Plaza, subject to deciding
down the road on how much to allocated to the plaza and any other use
and subject to complete review of design, size and costs
Eth, Seconded by Snow
AYES: Unanimous
ABSENT: Sullivan
MOTION:
4. LETTER TO PARKS & OPEN SPACE COMMISSION FROM TOWN
MANAGER
Mayor Wolf noted the Town Manager's memo raised the issue of timed parking in
Blackie's Pasture, and she felt the Commission voted correctly not to place time
restrictions at their last meeting. She noted there will be parking problems in the pasture
approximately 20 days a year and does not feel the amount of parking provided should be
based on peak, special days. She referred to a 1993 parking count where the amount of
cars parked in the pasture ranged from a low of 40 to a high of 108 vehicles.
Commissioner Canter reported she has received several calls from residents saying parking
is not sufficient in the Pasture and they recommended 'I;, the pasture be opened up for
parking.
POSC MfNUTES #]39
FEBRUARY 13,1996
PAGE 3
DRAFT
MOTION:
Moved:
Vote:
to approve minutes No. 1420fJune 11, 1996 as amended
Rony, Seconded by Sullivan
AYES: Unanimous
V. PUBLIC OUESTIONS AND COMMENTS
There were none.
VI. BUSINESS ITEMS
1. MAR WEST FLOOD PLAIN PROPERTY
Chair Eth reported that prior to the last regular Commission meeting a field trip was taken
to the Flood Plain property with Bruce Ross, who presented a schematic plan for the
property. The Commission now wishes to solicit input from the public regarding the
development of the property.
Mia Bayshore, 10 Marsh Road, stated she is concerned with what is put on the Flood
Plain property. She would like to see the property left more-or-Iess the way it is, but
would not mind native grasses being planted. She also questioned if the plan could include
defining the Marsh condominiums property from the Flood Plain property. She also
reported that since the reeds in the marsh have been thinned, ducks, egrets and blue heron
have returned and asked if a sign could be installed stating the marsh is a "nature
preserve". She expressed approval of the proposed plan.
Commissioner Snow reviewed the process that will take place for final approval of the
plan by the Town Council. He urged all persons interested in the plan attend all the
various Committee meetings.
Linda Tomback, 28 Marsh Road, noted her unit faces the marsh and has noticed the flood
plain property floods all winter long. She recommended the Commission not do anything
on the property that would reduce the amount of runn off absorption. She also reported
that more people are going behind the marsh condo buildings to view the marsh and
requested the Commission define the flood plain property around the condo building. She
expressed concern regarding liability because of children being attracted to the marsh. She
also noted she likes the idea of a bocce ball court on the property.
Barbara Matthews, Manager of the Tiburon Peninsula Club (TPC), noted downtown
Tiburon use to flood during times of high tides and heavy rainfall. The TPC gave the
Town 2.4 acres on the North side of the marsh for flood control purposes. She noted
when the Town recently became the owner of the property at the comer of Mar West and
Tiburon Blvd. the TPC tryied to get the Town interested in creating a bike path along Mar
West towards the TPC, as this is a very narrow, well travelled stretch of road. She feels
POSC MINUTES NO. 143
JULY 9, 1996
2
EXIDBlT NO....:l
the Library and Town Hall will create even more traffic on this narrow stretch of road. As
the flood plain property borders a stretch of Mar West, the Commission should consider a
raised bicycle/walking path, as she feels safety should be the number one priority of the
Commission.
Commissioner Canter feels people should have a safe place to walk/bike along Mar West,
but she is concerned that creating a raised path will disturb drainage. She feels the
Zelinsky plaza is a good idea, but is not crazy about bocce ball. She would like to see
some medium sized trees in the area.
Commissioner Sullivan questioned the usage of the bocce ball court at the TPC. Barbara
Matthews stated it is certainly used and the Town should not be concerned with
tournaments with only one court.
Commissioner Rony stated the Commission needs to prioritize activities on the property.
Her priorities are: 1) retaining waters from a 500 year storm, 2) Safety, 3) need to retain
privacy of marsh condo owners, 4) appropriate grass or ground cover. She would oppose
a bocce ball court, She then reviewed the community survey of what residents would like
to see happen on the property.
Commissioner Snow feels the path along Mar West is an appropriate item to look at and
pursue. He feels the privacy of all neighbors should be considered and respected. He
does not feel people should have the feeling of being invited behind the condos, therefore,
appropriate signage should be installed.
Commissioner Ferro finds Bruce Ross' plan very attractive, but she would like assurance
from the Town Engineer that the plan will not interfere with flood control. She would like
to see an area that would encourage public gatherings. She is inclined to support a bocce
ball court and likes the idea of a bicycle/pedestrian bath along Mar West. She feels
privacy for the neighbors is a real issue, and would like to keep the area as natural as
possible,
Commissioner Wiviott also feels improvements on the property need to be prioritized.
She also would like an area where the community can congregate, and a pathway along
Mar West. She also feels privacy of the neighbors needs to be addressed.
Chair Eth feels safety is the top priority. He noted children and water (marsh) do not mix,
nor do children and cars. Next he feels privacy for the neighbors needs to be addressed.
He noted there was overwhelming support from the community survey to keep the area as
natural as possible and low key, He feels there will be measurable changes to the
immediate area and the intersection at Mar West and Tiburon Blvd, with the development
of the library and Town Hall.
POSC MINUTES NO. 143
JULY 9,1996
3
The Commission commended Bruce Ross for his time and efforts in developing the
preliminary plan. The Commission requested comments from the Public Works, Police
and Town Engineer on the plan. The Commission requested that a workshop session be
scheduled for their regular meeting of August 13, 1996.
2. COMMUNITY FACILITIES ASSESSMENT - Request by Marin Community
Foundation for Data Base Information
Commissioner Wiviott was directed to contact the Foundation to detennine what
information they are interested in obtaining from the Town.
3. AYALA DAY - OCTOBER 19,1996
Commissioner Sullivan gave a brief status report on the Ayala Day Committee's progress
to date. The Commission urged the Committee to get people to the picnic without using a
car. Commissioner Rony suggested that the Heritage & Arts Commission be requested to
provide a pictorial history at the event.
VII. COMMUNICATIONS
There were none.
VIII. ADJOURNMENT
Being no further business of the Parks and Open Space Commission it moved and
seconded by Snow/Canter to adjourn the meeting at 9:10 P,M.
JORDAN ETH, CHAIR
PARKS & OPEN SPACE COMMISSION
ATTEST:
HEIDI MCVEIGH, SECRETARY
POSC MINUTES NO. 143
JULY 9, 1996
4
~~o~
Q~'
.-
0(
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: AUGUST 5, 1992
FROM:
TOWN ATIORNEY
ITEM NO.:
/0.
SUBJECf: MAR WEST FLOOD PLAIN IMPROVEMENTS
BACKGROUND
The Town currently has a restricted fund for Flood Plain improvements, which as of July
1, 1992, had a balance of approximately $234,000. Certain improvements to Mar West
Street and creation of a multi-use path have been proposed and the Council has asked
whether the improvements may be paid for out of this fund. I have reviewed this matter
with the Town Manager and Town Engineer.
ANALYSIS
The Flood Plain fund was created with $142,800 paid by Innisfree Development as part of
the Point Tiburon project. Due to interest earnings the fund is now over $234,000. The
steps leading to creation of the fund are important to understand the possible uses of the
fund. From the very start of discussions over Point Tiburon, the Town Engineer requested
that the flood plain area east of Mar West containing the marsh should be improved so that
it would retain the waters from a 500 year storm. The 1979 master plan approved by the
Council required such improvements and also stated that "as reasonable and feasible, the
flood plain and other open areas south of the marsh shall be graded and planted with
appropriate grass or ground cover to provide for public recreational use."
In the 1980 tentative map for the project, the parties agreed that the Applicant (Southern
Pacific at that time) would do all of the rough grading and excavation of the flood plain
area, construct the multi-use path and pay the water hook-up fees for the irrigation system
needed for the landscaping. It was also agreed that the Town would assume responsibility
for the finish grading and planting "to accommodate public recreation." The Town was to
be paid $120,000 to carry out these tasks.
In 1984, the Town and Innisfree (by then the owner of the property) entered into a
development agreement. Paragraph 7(a) of the agreement addresses this issue. Due to
inflation, Innisfree agreed that the $120,000 required by the tentative map should be
increased to $142,800. A5 to the use of that money, Paragraph 7(a)(i) provides that:
1
EXHIBIT NO...&
.--
.
'The work to be conducted by Town in completing the flood plain restoration
consists offinish grading, irrigation and landscaping (excluding hook-up fees).
Funds received by the Town pursuant to the provisions of this paragraph shall
be used for the work described in this subparagraph (i) and, in addition,
$20,000 of said funds may be used for maintenance, or to provide for
maintenance, of said area. Said funds may not be used for any other purpose
except by mutual agreement of the parties."
From these documents and facts provided by the Town Engineer several conclusions can be
drawn about the possible uses of these funds:
1. The purpose of the fund appears to have been to finish out the area south of
the marsh for recreational purposes. How that was to be done was never
precisely defined and a good deal of discretion was left to the Town. Thus,
if the money is used for grading, irrigation or landscaping for recreational
purposes, the expenditure would be proper. A multi-use path along Mar West
connected to the existing multi.use path from Point Tiburon serves a
recreational purpose and grading, landscaping, etc. could be paid for out of
this fund.
2. . The original $142,000 may not be used for curb and gutter, overlay or paving
of Mar West without the consent of Innisfree. This work is not within the
scope of Paragraph 7(a)(i) and does not further any recreational purpose.
Furthermore, the Town Engineer does not believe that Mar West itself was
ever part of the flood plain as that term is used in this discussion. That
position is borne out by the federal flood insurance maps and the hydrology
studies done for Point Tiburon.
3. The original $142,000 may not be used for restoration or maintenance of the
marsh. Restoration of the marsh was dealt with completely separately from
the flood plain and a different account was established for that purpose.
4. The contractual agreement between the parties was that Innisfree would
provide $122,000 ($142,000 less the $20,000 earmarked for maintenance) and
that the Town would complete the work on the flood plain. The fund now
contains approximately $90,000 in interest earnings. Once the Town
completes its obligation to grade and landscape the flood plain, any of the
$90,000 remaining could be used for other purposes, including the other
improvements to Mar West.
2
.-~
~
RECOMMENDATION
It is recommended that Council consider this report and determine whether to proceed with
the proposed Mar West improvements and/or other floodplain improvements. If a
consensus is reached the Town Engineer could prepare cost estimates for the various
elements.
3
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event, O\.me~ shall pay said sum of $142,800 to To.....r{ in cash on" "....:;.-:~:i:'~.
the dote of the commencement of wack by Town undee this sUbPa:,~q;;;f~i[X,
graph, o~ on the date ....hich is one year from and after the d;t~~".~::~~~;~;~.
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illl or part
That the Agency is authorized to pay
of- --:,...;;~-
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construc- ."\~~:
of the land and the cost of installation and
tion of public improvements set forth in the Plan;
. (b)
That the Agency assist in financing a portion of
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the costs of public infrastructure improvemcllts an~ site
prcp~rution activities essential to full development of the
Property; and that the Agency pledge a portion of the tax
~:,
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increment revenue described in the Plan for the payment of
principal and interest on money advanced for the prbject and to
finance or refinance the proj~ct described in the Plan.
~ Aoreements by Owner and Tiburon:
'1:arf,:':'-'F.,1000':!~J.aln~:KeSc.~~<H:'-lon:.:1 Pursuant to the
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provisions of Resolution No.
1113. the Town agreed to assume
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rcsponsiblity for Owner's obligation to grade the flood plain
aeea and plant it with appeopdato grass and geound cov"' in ~~;'~~Z}j-
:::::n:~b:C:::::d::e t:~b:::ne::e:::i::mi:fC:~::~:::~iO:u::uant t~:;J~~'
a Resolution of the Town Council said sum was ordered increased : .:~;:w~.,.,.",
by an adjustment foe inflation feom April, 19B1, until the datetlq~l!J;;~
,.......-..I.:.,},1'+/.k'i-
of the filing of the Final Map as a condition of extending th~;.\~~'~;'.~~~V~~'~.:.'
filing date.
It is agreed by the parties that the proper.
inflation.adjus~ment is 19%. which results in a total agreed
" {..:
obligation of $142,800 for the foregoing work.
Owner agrees to
,
pay said sum to Town in full, in cash, prior to recordation of ~
L
the fin~l lnap~ In lieu thereof, the parties agree that OWl1er miy
,
give Town an instrument of credit in a form approved by. the Town
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Attorney from one or more financial institutions subject to regu-
latioo by the state or federal govern~~nts pledging that said
funds ate on deposit and guara~teed for payment as provided for
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in Government Code 566499(3); provided, however, that in any
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whichever
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flrst to
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The work to be conducted by Town
consists
grading,
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irrig~tion and landscaping (excluding hook-up
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Funds ~cceived by the Town pursuant to the
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provisions of this paragraph shall be used for th~
work described in this subparagraph (i) and, in
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addition, $20,000 of said funds may be used for
'.".._,."
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maintenance, or to provide for maintenance, of said
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Said funds m~y not beus~d for any other
purpose except by mutual agreement of the parties.
area.
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The timin~ and completion of all such
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d9h::i:: a:::::, S~:;:e:: ::: i :;::S:o o:::S:::b::OOd ,.';-1~~r~;t
plain area during the construction phase .for ~~s.-sag~~~~~~;:;:F~;,
of equipment. Owner shall also be entitled to the""">"".,H~~~'
storoge of equi~ment and materials on sites that ~~::~~~;;~i~,
, ,..t-...\:.:-~.~",
or are to be, offered for dedication to the Town as .;:_~,;':_~):;'.\'
grading,
planting and other work shall be coordinated
by Town and Owner's contractor to avoid any _unneces-
sary regrading and replanting or other unnecessary
duplication as work proceeds by Owner on the project~'
the parties may agree.
; ~:r<<Hars~~~e:5t.ora"tlon:] ':,~~\r:'~'~,:~_
for marsh r:::o:::::: :::n~::::::::i::a:n:W~::t:::l:r:~i~::~::;jJrf,{Jt1~c_
Owner must maintain the marsh once it is restored. Pursuant to ,!-';,-.-;r;_-:_~,_
the ~rovisions of Resolution No. 1113 the Town agrees t'o~.;s:~Sj.'}~~:5~
responsibility for Ownerts obl~gation for such work
. .'- ...
in corisi-~~'r;':'~{;.~..:.>";':'
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ation of the payment by Owner to Town of the sum' of $266";O"OO-~~:: ~." ~:..
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Said sum, as adjusted for inflation at the agreed rilte of 19%~ _' ..~.,,;..1~:'
, : - ~ ..~, ~'?'::~_-~J'-j: ';,::;t:\~_~f_;
(see above) results in an agreed revised total -obligation of .'):;~~I ;: ~',i_,:~!'.
'. 't: '."..- ,'-,:. >,;i'.:~ ";-.' ~,.;:.tr~":,'f'.:,{:.'
OHner agrees to pay said sum to To..m in full, i'n casti,~j;~i~t
};.':", ~:;:;:.~.;~..Y}.i,:.,'. :..;1~.\,'~t,;:,~;,.~
," .~~: ",1..' ..t ...\,<; i..
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$316,540.
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PARKS & OPEN SPACE COMMISSION
MINUTES NO. 143
CALL TO ORDER
Chair Ferro called the regular meeting of the Parks & Open Space Commission to order at
7:37P.M., Tuesday, June 11, 1996, in the Town Council Chambers, 1101 Tiburon Blvd., Tiburon,
CA.
I. ROLL CALL
PRESENT: COMMISSIONERS: Snow, Wiviott, Eth, Sullivan, Rony, Canter, Chair
Ferro
EX-OFFICIO:
Secretary McVeigh
II. ELECTION OF CHAIR
MOTION:
Moved:
Vote:
to nominate Jordan Eth as Chair
Ferro, Seconded by Rony
AYES: Unanimous
III. ELECTION OF VICE-CHAIR
MOTION:
Moved:
Vote:
to nominate Margo Wiviott as Vice-Chair
Ferro, Seconded by Eth
AYES: Unanimous
IV, APPROVAL OF MINUTES
The Commission made the following amendments to Minutes No, 142
Page 1, Item 1, Change the Motion to read "that the Town Council coordinate a scoping
meeting between the Design Review Board, Planning Commission, Belvedere- Tiburon
Joint Rec Dept., Parks & Open Space Commission, Library Committee and any other
appropriate parties to address the usage of the Flood Plain funds and develop the Open
Space behind the Library and Town Hall, ...."
Page 2, Item 2, add "Secretary McVeigh reported that Commissioner Rony contacted the
Coastal Commission regarding the annual Clean Up date. The Coastal Commission
POSC MINUTES NO. 143
JULY 9, 1996
1
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indicated the annual Coastal Clean Up is an international event and the main purpose is to
catalogue what types of debris is washing up on shore".
MOTION:
Moved:
Vote:
to approve minutes No, 142 ofJune 11, 1996 as amended
Rony, Seconded by Sullivan
AYES: Unanimous
V. PUBLIC OUESTIONS AND COMMENTS
There were none.
VI, BUSINESS ITEMS
1. MAR WEST FLOOD PLAIN PROPERTY
Chair Eth reported that prior to the last regular Commission meeting a field trip was taken
to the Flood Plain property with Bruce Ross, who presented a schematic plan for the
property. The Commission now wishes to solicit input from the public regarding the
development of the property.
Mia Bayshore, 10 Marsh Road, stated she is concerned with what is put on the Flood
Plain property. She would like to see the property left more-or-Iess the way it is, but
would not mind native grasses being planted. She also questioned if the plan could include
defining the Marsh condominiums property from the Flood Plain property. She also
reported that since the reeds in the marsh have been thinned, ducks, egrets and blue heron
have returned and asked if a sign could be installed stating the marsh is a "nature
preserve". She expressed approval of the proposed plan.
Commissioner Snow reviewed the process that will take place for final approval of the
plan by the Town Council. He urged all persons interested in the plan attend all the
various Committee meetings.
Linda Tomback, 28 Marsh Road, noted her unit faces the marsh and has noticed the flood
plain property floods all winter long. She recommended the Commission not do anything
on the property that would reduce the amount of runn off absorption. She also reported
that more people are going behind the marsh condo buildings to view the marsh and
requested the Commission define the flood plain property around the condo building, She
expressed concern regarding liability because of children being attracted to the marsh. She
also noted she likes the idea of a bocce ball court on the property.
Barbara Matthews, Manager of the Tiburon Peninsula Club (TPC), noted downtown
Tiburon use to flood during times of high tides and heavy rainfall. The TPC gave the
Town 2.4 acres on the North side of the marsh for flood control purposes. She noted
POSC MINUTES NO, 143
JULY 9, 1996
2
when the Town recently became the owner of the property at the corner of Mar West and
Tiburon Blvd. the TPC tryied to get the Town interested in creating a bike path along Mar
West towards the TPC, as this is a very narrow, well travelled stretch of road, She feels
the Library and Town Hall will create even more traffic on this narrow stretch of road. As
the flood plain property borders a stretch of Mar West, the Commission should consider a
raised bicycle/walking path, as she feels safety should be the number one priority of the
Commission.
Commissioner Canter feels people should have a safe place to walklbike along Mar West,
but she is concerned that creating a raised path will disturb drainage. She feels the
Zelinsky plaza is a good idea, but is not crazy about bocce ball. She would like to see
some medium sized trees in the area.
Commissioner Sullivan questioned the usage of the bocce ball court at the TPC. Barbara
Matthews stated it is certainly used and the Town should not be concerned with
tournaments with only one court.
Commissioner Rony stated the Commission needs to prioritize activities on the property.
Her priorities are: I) retaining waters from a 500 year storm, 2) Safety, 3) need to retain
privacy of marsh condo owners, 4) appropriate grass or ground cover. She would oppose
a bocce ball court. She then reviewed the community survey of what residents would like
to see happen on the property.
Commissioner Snow feels the path along Mar West is an appropriate item to look at and
pursue. He feels the privacy of all neighbors should be considered and respected. He
does not feel people should have the feeling of being invited behind the condos, therefore,
appropriate signage should be installed.
Commissioner Ferro finds Bruce Ross' plan very attractive, but she would like assurance
from the Town Engineer that the plan will not interfere with flood control. She would like
to see an area that would encourage public gatherings. She is inclined to support abocce
ball court and likes the idea of a bicycle/pedestrian bath along Mar West. She feels
privacy for the neighbors is a real issue, and would like to keep the area as natural as
possible.
Commissioner Wiviott also feels improvements on the property need to be prioritized,
She also would like an area where the community can congregate, and a pathway along
Mar West. She also feels privacy of the neighbors needs to be addressed,
Chair Eth feels safety is the top priority. He noted children and water (marsh) do not mix,
nor do children and cars, Next he feels privacy for the neighbors needs to be addressed.
He noted there was overwhelming support from the community survey to keep the area as
natural as possible and low key. He feels there will be measurable changes to the
POSC MINUTES NO. 143
JULY 9, 1996
3
when the Town recently became the owner of the property at the corner of Mar West and
Tiburon Blvd. the TPC tryied to get the Town interested in creating a bike path along Mar
West towards the TPC, as this is a very narrow, well travelled stretch of road. She feels
the Library and Town Hall will create even more traffic on this narrow stretch of road. As
the flood plain property borders a stretch of Mar West, the Commission should consider a
raised bicycle/walking path, as she feels safety should be the number one priority of the
Commission.
Commissioner Canter feels people should have a safe place to walk/bike along Mar West,
but she is concerned that creating a raised path will disturb drainage. She feels the
Zelinsky plaza is a good idea, but is not crazy about bocce ball. She would like to see
some medium sized trees in the area.
Commissioner Sullivan questioned the usage of the bocce ball court at the TPC. Barbara
Matthews stated it is certainly used and the Town should not be concerned with
tournaments with only one court.
Commissioner Rony stated the Commission needs to prioritize activities on the property.
Her priorities are: 1) retaining waters from a 500 year storm, 2) Safety, 3) need to retain
privacy of marsh condo owners, 4) appropriate grass or ground cover. She would oppose
a bocce ball court. She then reviewed the community survey of what residents would like
to see happen on the property.
Commissioner Snow feels the path along Mar West is an appropriate item to look at and
pursue. He feels the privacy of all neighbors should be considered and respected. He
does not feel people should have the feeling of being invited behind the condos, therefore,
appropriate signage should be installed.
Commissioner Ferro finds Bruce Ross' plan very attractive, but she would like assurance
from the Town Engineer that the plan will not interfere with flood control. She would like
to see an area that would encourage public gatherings. She is inclined to support a bocce
ball court and likes the idea of a bicycle/pedestrian bath along Mar West. She feels
privacy for the neighbors is a real issue, and would like to keep the area as natural as
possible.
Commissioner Wiviott also feels improvements on the property need to be prioritized,
She also would like an area where the community can congregate, and a pathway along
Mar West. She also feels privacy of the neighbors needs to be addressed.
Chair Eth feels safety is the top priority. He noted children and water (marsh) do not mix,
nor do children and cars. Next he feels privacy for the neighbors needs to be addressed.
He noted there was overwhelming support from the community survey to keep the area as
natural as possible and low key. He feels there will be measurable changes to the
POSC MINUTES NO. 143
JULY 9, 1996
3
\
immediate area and the intersection at Mar West and Tiburon Blvd. with the development
of the library and Town Hall.
The Commission commended Bruce Ross for his time and efforts in developing the
preliminary plan, The Commission requested comments from the Public Works, Police
and Town Engineer on the plan. The Commission requested that a workshop session be
scheduled for their regular meeting of August 13, 1996.
2. COMMUNITY FACILITIES ASSESSMENT - Request by Marin Community
Foundation for Data Base Information
Commissioner Wiviott was directed to contact the Foundation to determine what
information they are interested in obtaining from the Town.
3. AYALA DAY - OCTOBER 19,1996
Commissioner Sullivan gave a brief status report on the Ayala Day Committee's progress
to date. The Commission urged the Committee to get people to the picnic without using a
car, Commissioner Rony suggested that the Heritage & Arts Commission be requested to
provide a pictorial history at the event.
VII. COMMUNICATIONS
There were none.
VIII. ADJOURNMENT
Being no further business of the Parks and Open Space Commission it moved and
seconded by Snow/Canter to adjourn the meeting at 9:10 P.M.
ATTEST:
JORDAN ETH, CHAIR
PARKS & OPEN SPACE COMMISSION
HEIDI MCVEIGH, SECRETARY
POSC MINUTES NO, 143
JULY 9, 1996
4