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HomeMy WebLinkAboutTC Min 2004-03-17 . r- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:41 p.rn. on Wednesday, March 17, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Smith ABSENT: COUNCILMEMBERS: Slavitz PRESENT: EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Director of Community Development Anderson, Advance Planner Bryant, Director of Public WorksITown Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Administrative Assistant Creekmore r- ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Fredericks said that no action was taken in closed session. ORAL COMMUNICATIONS Bruce Abbott, 458 Greenwood Beach Road, said that he would like to make an application to the Town ofTiburon to recognize a Committee for the Protection of Tiburon Open Space along the Shoreline. The purpose of the committee would be to seek parody with other committees who have gone before the Town Council to present proposals which they are opposed to. He said that there are certain disadvantages to being limited to only three minutes to address the Council and that other committees have been given access to Town space and unlimited time to make presentations. Abbott said that the committee he proposed was seeking to gain to equal treatment. ,r- Town Council Minutes # 06-2004 March 17, 2004 Page 1 ' r-. CONSENT CALENDAR I. Approval of Town Council Minutes - February 26, 2004 The following changes to the February 26 minutes were read into the record: a) Page 7, paragraph 3, lines 14: to read, .....subcommittee would either pass all of the portfolios and qualifications along to the Council. .." b) Page 7, paragraph 3, line 16: to include, "Designs would them be commissioned from those selected. c) Page 7, paragraph 6, line 4: include, "Then all of those deemed appropriate would be presented to the public and the winner chosen by the Council." d) Page 13, paragraph 8, line 5: change "blocking" to "retaining" e) Page 13, paragraph 8, line 5: change "restoration" to "tree blockage" 2. Approval of Town Council Minutes - March 3, 2004 3. Recommendation by Chief of Police - Town Policy Regulating Usage of Shoreline Park for Special Events 4. Recommendation by Director of Administrative Services - Accept Town Investment r-. Summary Report for 2004 MOTION: Moved: Vote: To approved Consent Calendar Items 1 through 4, above. Gram, seconded by Berger AYES: Unanimous PUBLIC HEARING 5. Presentation by Marin County Congestion Management Agency - Proposed Sales Tax Expenditure Plan, Authorization to Form a Marin County Transportation Authority and Appointment of Town Representative a) A resolution of the Town Council of the Town ofTiburon Concurring on the Membership of the New Marin County Transportation Authority and Designating the Authority as the Congestion Management Agency for the County of Marin Construction Projects Within the Town of Tiburon Continued to March 31, 2004 6. Presentation by Committee for a Skatepark in Tiburon - Consider Report Regarding Potential Sites and Provide Direction as to Town's Interest in Further Pursuing the Project /""' Town Council Minutes # 06-2004 March 17. 2004 Page 2 """ Mayor Fredericks introduced the item and stated that the purpose of the item was not to decide whether a skatepark should be built but rather to discuss whether a feasible site had been identified that would be agendized for discussion as an action item at a later meeting. Fredericks added that a public hearing period will be opened after the Committee presents their report. After the public hearing closes, the item will return to the Council for discussion. Anne Goggio Cohn, Committee for a Skatepark in Tiburon, presented the Committee's report, An Analysis of Potential Sites. Goggio Cohn opened her presentation by summarizing the various elements that the Committee identified as being ideal for the potential skatepark. Goggio Cohn went on to descnbe the analytic process used by the Committee to rank the 21 potential sites identified in the report. The top three sites identified were the Railroad Berm, South of Knoll, and McKegney Green locations in the BJackie's Pasture/Richardson Bay Lineal Park region. Goggio Cohn described various attributes of each of the three top-ranked sites and said that the Railroad Berm site was preferred to the other two because of its current high-activity levels. Goggio Cohn concluded by stating that the Committee made a concerted effort to educate the community about their intention to give a site analysis presentation and to make the Committee's reports available to the public. /""' Mayor Fredericks thanked Goggio Cohn for her report. Fredericks then opened the public hearing period and asked that comments be focused on site analysis. She reminded the audience that the item was not an action item and that all comments are to be directed to the Council. The following members of the public spoke on the item: r"' I) Dana Upton, 532 Virginia Drive, said that the Council stated at a previous meeting that BJackie's Pasture is reserved for passive use; has always been open space; that the expansion of the parking lot at BJackie's Pasture has already encroached on that open space; and that the proposed skatepark should be built on private property; 2) Jason Andrews, 11 Apollo Road, said that approximately one in every three signatures gathered in a petition supporting the proposed skatepark were from people that did not reside in Tiburon and would not be bothered by the park; 3) Juliet Schinelda, 1893 Centro West, said that her opposition was not directed towards a skatepark but rather to constructing the facility in a nature sanctuary. She encouraged the Committee to explore other possible locations; 4) Chad Brooks, 54 Claire Way, supports the proposed location because of its beauty and high activity levels; 5) Bernie Curley, 8 Sonora Court, said that he noticed the underutilization oflocal skateparks upon recent visits and fears that if a skatepark were to be built in Tiburon its attendance would also decrease over time. He added that Tiburon residents are "blessed" to have Blackie's Pasture and that a skatepark would disturb the natural serenity of the area; Town Council Minutes # 06-2004 March 17, 2004 Page 3 ,r-.. 6) Sidsel Moller, 458 Greenwood Beach Road, agreed with the previous comments opposing a skatepark in the proposed locations and said that she wants to avoid increased congestion in the area; 7) Molly Arthur, 536 Virginia Drive, read excerpts from the Committee's report and argued that children need structured time spent with relatives, mentors, and role models. She said that a skatepark would lead to segregated activities when children should be encouraged to participate in enriching activities within their community. 8) Allison Beddington, address unknown, agreed that a skatepark would increase congestion in the Blackie's Pasture area and that it should not be located at the proposed locations because of increased noise, congestion, and preservation of open space; 9) Jody Upjohn, address unknown, said that she does not think that the residents opposed to the skatepark have educated themselves enough on the sites; that the proposed size would be approximately equal to the size of two tennis courts; and that the land was intended for public recreation; 10) Mike Hanley, 90 Rowley Circle, said that there currently are many readily available recreational activities in Tiburon due to its natural terrain and that the community should take advantage ofwhat's already here; 11) Chase Meredith, 484 Washington Court; Austin Krizensky, 27 Old landing Road; and Will (last name unknown), 12 Venus Court, said that a skatepark would give them a place to develop their skateboarding skills and that low attendance at local skateparks is due to their poor design; 12) Andrew Thompson, 18 Southridge East, said that he was initially opposed to the idea of a skatepark but that he now encouraged a complete and thorough analysis of the proposal because any decision should be based on solid evidence. He questioned how the park would be paid for; added that the noise in the shoreline are is amplified due to its topography; and that he believes that a skatepark serving younger children would be more appropriate than some of the other advanced parks that he has seen. Thompson encouraged the public to join the Tiburon Peninsula Club and said that residents should feel lucky to have all ofthe resources they have available to them; 13) Eric, 2380 Paradise Drive, said that the park would provide a place for skateboarders to participate in a challenging sport, provide a venue for socialization among peers, and reduce skateboarding "wear" on public property; 14) Frank Fuetsch, 25 year resident of Bel veron West, said that he is not opposed to a skatepark but that he wants to "save" Blackie's Pasture; 15) Nicky Wolf, 426 Greenwood Beach Road, said that a skatepark would be a permanent concrete structure and that it would violate passive use agreements; would not provide an "unstructured" place for kids to play, as reported by the Committee's report; and that the numbers reported in the Committee's initial report presented to the Town Council to demonstrate potential use and interest were inaccurate and lower and than what was reported. She requested that the Council undertake a project that would serve the needs of larger number of teens, not just one sector; 16) Dorothy, 30 year resident of 545 Silverado Drive, agreed with the previous statements opposing a skatepark anywhere in the Blackie's Pasture/Richardson Bay Lineal Park r- r- Town Council Minutes # 06-2004 March 17, 2004 Page 4 /""' area and said that she has noticed an increase in congestion in the Blackie' s Pasture parking lot. She said that it would make better sense to enlarge the Mill Valley skatepark; 17) Eric Schmidt, resident of Little Reed Heights since 1964, spoke in opposition to any new development in Blackie's Pasture/Richardson Bay Lineal Park; 18) Jason Goldeen, Tiburon resident, said that kids don't want to participate in many of the activities suggested by the audience and that many of the people opposed to the park are unfiuniliar with the proposed locations; 19) Ailene Adamson, 70 Pine Terrace, said that a skatepark in any of the proposed locations would result in children having to dangerously cross Tiburon Boulevard; damage to the surrounding area; risks to children that visit the South of Knoll playground; and heightened noise levels that would impact nearby residents. She remarked that the issue would not have become so divisive if the entire community had been involved in the process from the beginning, rather than addressing it mainly towards children. She concluded by questioning where the funds would come from to maintain the facility; 20) Joey Upjohn, 26 North Terrace, said that the park would not create a noticeable increase in noise because of the nearby highway; that the crosswalks on Tiburon Boulevard provide safe crossing routes; and that there are not enough recreational facilities for children in Tiburon; 21) Michael Arthur, 536 Virginia Drive, gathered over 155 signatures in opposition to the proposed sites and said that the Committee's proposal is flawed and that they are trying to get it passed before it falls under the radar of the updated General Plan; that the Richardson Bay Sanitary District should be contacted for their input; and that scientific studies should be performed to evaluate noise impacts; 22) Christopher Wand, 5 Burrell Court, President of the Reedlands Property Owners Association, presented a calculation of maintenance costs, including police patrol and admission collection, which estimated an annual expense of $40,000 per year. He added that he would like to see a facility that serves the greatest number of residents; 23) Nicholas McConnell, brother of a student at Del Mar School, favored the park for its accessibility and the recreational entertainment it would provide; 24) Kimberly Brookes, 54 Claire Way, identified herself as an environmentalist and said that she believes that some development is beneficial to the community. She added that the comments made by children in support of the park should be respected and heard; 25) Steven Brady, 20 Bayshore Terrace, said that the preliminary costs for building the skatepark would prevent construction due to the sewer lines that exist in the proposed locations. He added that additional parking and restroom facilities would be required to accommodate skatepark patrons; 26) Wayne Snow, 100 Jefferson Drive, quoted statements from previous Town Council meetings that expressed the Council's intention of reserving the land in question for passive use. He added that the Committee did not give opponents adequate time to review their report and prepare responses before presenting it to the Council; 27) Ben Cohn, 150 Rock Hill, said that none of the proposed locations are located in Blackie's Pasture; that kids need an appropriate place to skate; and that the stereotypes associated with skateboarders are wrong; r' I""" Town Council Minutes # 06-2004 March 17, 2004 Page 5 "" 28) Tyler Bartlett, 2360 Paradise Drive, agreed with previous comments supporting the skatepark said that other skateparks are too far and he would like to have one in Tiburon; 29) Lilly Boyce, address unknown, agreed with previous comments supporting the skatepark and said that skateboarding is a productive sport; 30) Amanda Ekstra, address unknown, agreed with previous statements supporting the skatepark and stated that kids in Tiburon need a place where they are welcome; 31) Sean Pearson, 171 Rock Hill Drive, agreed with previous statements supporting the park and said that it would provide an opportunity for him to participate in a good activity; 32) David Eckland, 666 Hilary Drive, spoke in favor ofthe park but questioned whether the expenditure for such a facility is realistic during times of a fiscal crisis and that the money that could potentially be raised to fund the park would be better served in other areas of the community, such as the School District; 33) Keenan Howard, 142 Leland Way, agreed with previous statements supporting the skatepark; 34) Michael Isaacson, address unknown, agreed with previous statements supporting the skatepark; 35) Samantha Arthur said that a skatepark would be used primarily by boys and that middle school and high school students would not commingle in such an environment; 36) Jill Barnett, 50 Peninsula Road, expressed concerned about after-hours use of the park. 37) Mary Jane Wentz, 30 Bayshore Terrace, expressed concern about emergency vehicle access to the proposed sites, decreased property values, and negative environmental impacts. She added that the Committee did not perform an adequate investigation of the proposed locations; 38) Brnce Abbott said that the value of undeveloped shoreline will only increase with time and is irreplaceable, and that allowing a skatepark at any of the proposed locations would open up the entire area to proposals that violate the rules governing passive use; 39) Doug McConnell agreed with previous statements supporting the park; added that the Railroad Berm site is not an ecologically sensitive area and that a skatepark would provide an additional layer of recreational activities for the Town's youth; 40) Scott Wentz, 30 Bayshore Terrace, agreed that the Railroad Berm location would be appropriate for a skatepark but that the South of Knoll and McKegney Green locations do not have sufficient emergency vehicle access routes and are too close to existing playgrounds; 41) Brian Denton, President of Reed HeightslTiburon Knolls Home Owners Association, spoke on behalf of his Homeowner's Board and suggested that the item be put on the November ballot; 42) Michelle Enlow, Tiburon resident, identified herself as a skateboarder and said that skateparks are typically constructed in industrial areas. 43) Bill Comstock, 11 East Terrace, agreed with previous comments opposing the skatepark; 44) Joan Foster, address unknown, said that a skatepark would result in increased maintenance for the multi-use path; r- /""' Town Council Minutes # 06-2004 March 17, 2004 Page 6 /"" 45) Karen Hem, 2338 Mar East Street, Committee for a Skatepark in Tiburon, said that aU potential sites had been examined; that it is important to provide a facility for children, who have demonstrated a desire to have the park; that private funding would be provided to construct the park; and that environmental impact had been addressed. 46) Andrew Barnett, resident of Belvedere, said that the survey presented in the Committee's report was subjective, unscientific, and that suitability had not been addressed; 47)Kam Shadan, 38 Reed Ranch Road, said that the Committee's process was misguided and resulted in a flawed report. He suggested retaining an independent, unbiased body to evaluate the need for a skatepark; 48) Dorinda Sears, 1486 Vistazo West, agreed with previous statements opposing the skatepark; 49) Nancy Petersen, 444 Greenwood Beach Road, agreed with previous statements opposing the skatepark. Mayor Fredericks closed the public hearing period and returned discussion of the item to the Town Council. Councilmember Smith said that he generally supports the concept of both a skatepark and youth center and that it is important to find something that benefits this "difficult age group". He noted that public officials must be careful to allocate the resources they have in a fair and balanced way; and further stated that he believed that a fair share of public resources historically had not been allocated to this age group. /"" Smith said that he echoes some of the comments made about the process for reviewing this application and that he too wants to determine what would be the best use of resources for the community. Smith outlined the process that was established to review the application submitted by the Committee for a Skate Park to use public property to build the proposed facility. Based on the data that was presented during the first phase of the application process, he said it was determined that there are probably enough children on the Peninsula that would use the park. The second part of the review process, which Smith said would be the most difficult, was to identifY possible locations. Smith stated that the three locations presented to the Council are too controversial for him to support, and that although he favors the idea of a skatepark, he does not want one in a location that creates such a divisive issue among the community. Smith said that he appreciated the Committee's effort to make a difference in the lives of the community's youth and hopes that that the process does not die. He suggested looking further into the Tiburon Peninsula Club's Judge Field as a possible location. ,-, Smith concluded by saying that he would consider the idea of putting the issue on the November ballot but he understands that it would cost the Town between $8,000 and $10,000. Town Council Minutes # 06-2004 March 17, 2004 Page 7 ,-, Vice Mayor Berger said that as a member ofthe Skatepark Task Force, the application to build a skatepark in Tiburon has been one of the hardest issues he has had to address because it has pitted the Town's beautiful and precious land against its beautiful and precious children. He said that he echoes Councilmember Smith's comments on thanking the community for the time and effort that they have spent to bring information on both sides ofthe issue to the Council's attention. Berger said that the key questions that the Skatepark Task Force focused on were whether a skatepark would be supported by the community and used by the children; whether there was an adequate location for a skatepark; and whether the Town could pay for it, agree on how it should be operated, and what configuration the facility might take. The Task Force's approach was to take a broad overview of each of those issues. Berger said that although he agrees that a skatepark would be fun for the community's children, when he tried to visualize a skatepark in each of the proposed locations, the impacts it would have were not acceptable. Berger agreed with Mr. Abbott's comments that undeveloped shoreline will only become more valuable and treasured over time and that the natural looking state ofthe proposed locations is the theme for how Tiburon's residents view their community and environment. -. Berger concluded by stating that everyone acknowledges the need to provide something for the town's teens, and that the library is currently planning an expansion that would include a teen center. Additionally, the Parks and Recreation Department has made recent efforts to plan a teen skateboard club that would coordinate trips to local skateparks and urged the community to support those types of activities. Councilmember Gram thanked the Committee for their well-done report and said that he has always supported Tiburon's youth. He said that the issue is not whether a skatepark is desired, because that has already be determined, but whether there was an appropriate site in their land- constrained town. He said that he thinks the areas presented to the Council as potential sites for the skatepark should remain passive and that he would vote against the proposed locations. Gram concluded by stating that he would like to see an opportunity to have this typeoffacility, but was unsure of whether there is a place for it in Tiburon. Mayor Fredericks said that there are tbree topics that she would like to discuss: land use; kid's needs; and a clear statement that the Town should make about the use of the entire Richardson's Bay Lineal Park, not just Blackie's Pasture. On the topic of land use, Mayor Fredericks said that flat, recreational land is a premium in Tiburon, and that shoreline that is easily accessed by all age groups and physical ability levels is at a double premium. -. Town Council Minutes # 06-2004 March 17, 2004 Page 8 ,-, The Mayor said she defined the term "passive use" as a means to maximize the use of the natural experience, such as walking and biking, and some multi-use that does not conflict with other activities and is time-limited. Mayor Fredericks said that she was on the Parks and Open Space Commission when they decided not to expand soccer use (in the Blackie's Pasture area) because ofits conflicts with the limited space. She believes that skateboarding is a noisy activity and that history has shown that the (Richardson Bay Lineal) park was not the right place for intensive use. On the topic of kid's needs, Frederick's said that based on the data that has been presented to the Council, it is clear that the group of kids who want a skatepark is a small group relative to the total number of children in Tiburon. She said she would really like to see something for the community's kids but believes that a skatepark represents much too restricted of a use which would use too much of a very limited resource for too small of a group of kids. Based on her experience when visiting other skateparks, Fredericks concluded that none of the three proposed sites are appropriate, and that while other places may be right for a skatepark, Tiburon is not the place. Fredericks encouraged the public to provide input on other ideas that they feel would benefit a broader group of children. ,-, Mayor Fredericks said that she would like to develop a policy that defines the term "passive use" and what is meant by keeping Blackie's Pasture and Richardson Bay Lineal Park reserved for passive use activities. Mayor Fredericks concluded by stating that based upon the Council's comments, it was the consensus of the Council to not send the issue forward and not ask Staff to generate any technical reports on the issue. COUNCIL COMMITTEE AND COMMISSION REPORTS There were none. WRITTEN COMMUNICATIONS Town Council WeeIdy Digest - March 5, 2004 Town Council WeeIdy Digest - March 12,2004 III III III /""' Town Council Minutes # 06-2004 March 17. 2004 Page 9 ,-, ,-, /""' ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at II: 18 p.rn., to a special Town Council meeting scheduled for March 31,2004 at 7:00 p.rn. ATTES, J"Zfflu DIANE CRANE IA Town Council Minutes # 06-2004 ,- \, ALICE FREDERICKS, MAYOR March 17, 2004 Page 10 ,