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HomeMy WebLinkAboutTC Min 1998-04-15 /'"' TOWN COUNCIL MINUTES A. INTERVIEWS - 7:00 P.M. Current Vacancies: 1) It. Recreation Committee; 2) Parks & Open Space Commission; 3) Disaster Advisory Council; 4) Belvedere-Tiburon Library Agency Board of Directors JUDY BURGIN 1) CALL TO ORDER Mayor Matthews called the regular meeting of the Town Council of the town of Tiburon to order at 7:35 p.m. on Wednesday, April 15, 1998, at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. B. ROLL CALL PRESENT: ABSENT: COUNCILMENlBERS: COUNCILMENlBERS: Bach, Thompson, Matthews Gram, Hennessy PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Town Engineer Barmand, Town Clerk Crane r- C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Matthews said there was no action was taken in closed session. D. PUBLIC OUESTIONS AND COMMENTS Don Batten, Belveron, stated he was speaking on behalf of his friends and neighbors when he told Mayor Matthews that "this was the best Council he had ever seen," E. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Thompson said the "Missing Link" of the Tiburon Ridge Trail would be dedicated on April 25, 1998, F. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 2) IT, RECREATION COMMITTEE - (Fill Current Vacancy) MOTION: To appoint Shand Stephens to It. Recreation Committee. Moved: Bach, Seconded by Thompson Vote: AYES: Unanimous ABSENT: Gram, Hennessy 3) PARKS & OPEN SPACE COMMISSION - (Fill Current Vacancy) Action deferred. /'"' Town Council Minutes #1137 April 15, 1998 Page 1 ~ ~ 4) MARIN TELECOMMUNICATIONS AGENCY - (Appoint Alternate Representative from Town Council). Mayor Matthews volunteered to be the Town's Alternate Representative to the Agency. Vice Mayor Bach seconded the motion which was affirmed by Councilmember Thompson, G. CONSENT CALENDAR 5) TOWN COUNCIL MINUTES - #1135, March 18, 1998 - (Approve) 6) UPDATE TOWN CONFLICT OF INTEREST CODE - (Adopt Resolution) 7) TOWN MONTHLY INVESTMENT SUMMARY - (February 28, 1998) - (Accept) 8) FY 1997-98 THIRD QUARTER BUDGET REPORT - (Accept) 9) MONTHLY POLICE STATISTICS - (March, 1998) - (Accept) 10) MINUTES OF TRAFFIC SAFETY COMMITTEE MEETING - (February 19, 1998) - (Accept) 11) MAJOR CRIMES TASK FORCE - ADDENDUM TO JPA - (Approve) 12) 3636 PARADISE DRIVE - REQUEST FOR WAIVER OF DUAL ANNEXATION POLICY - (Dr. James Gallagher, Owner & Applicant, AP#S8-031021) - (Resolution) MOTION: Moved: Vote: To Adopt Consent Calendar. Thompson, Seconded by Bach AYES: Unanimous ABSENT: Gram, Hennessy r"' H. NEW BUSINESS 13) MARIN RIDESHARES PROGRAM - "We are a Carpool School" - (presentation by Debra Hallock, Project Director). Ms. Hallock said much of the traffic congestion in the County was during school drop-off and pick-up times, and discussed how the program would help alleviate this problem in Tiburon. She said an endorsement from the Town Council would help support their efforts in making it a successful program in the schools. MOTION: Moved: Vote: To support "We are a Carpool School" Program. Thompson, Seconded by Bach AYES: Unanimous ABSENT: Gram, Hennessy I. PUBLIC HEARING 14) TffiURON PENINSULA SOCCER LEAGUE - (proposed Use of Portions ofBlackie's Pasture for two Soccer Fields). Mayor Matthews said representatives from both sides of the issue would be allowed to speak, /'"' Mark Hayman, 14 Laurel Avenue, Belvedere, led off the discussion. Hayman said he was Vice Town CouncUMinutes #1137 AprU 15, 1998 Page 2 /""' President of the Tiburon Peninsula Soccer League, and Co-Chair of the Friends of the Fields Committee. Hayman said the fields available to his league were in poor shape, and that creating additional fields in Blackie's Pasture and the Greenwood Beach "open space" seemed not only an appropriate location, but would spread out the usage of the fields and allow improvements to McKegney Green. He said studies on noise and traffic had been started, and suggested that perhaps the parking at Blackie's Pasture could be expanded into the overflow parking area. Hayman said the League would be willing to add berms and screening and to raise funds to build and maintain the new fields at Blackie's Pasture and Greenwood Beach. Hayman said there were over 600 children playing soccer now on Tiburon Peninsula, Brian Jones, 12 Bayview Avenue, Belvedere, President of the Tiburon Peninsula Soccer League, said that the season lasted from September to November, or 91 days, with an average offour hours per use on each field per day. He said when the Town was much smaller when it purchased Blackie's Pasture in 1972. r- Hearing returned to Council for questions. Councilmember Thompson asked for a specification of the size of the proposed fields. Mr. Hayman said there was a range, with 65' x 105' being standard regulation. He also said the under age 10 children played on a 50' x 70' field, the under age 12 children played on a 55' x 90' field, and that Bel Aire School had two "pee wee" fields that were 25' x 50'. Mayor Matthews said he would like to have a break-down of number of teams by age range. Vice Mayor Bach asked about funding for the fields. Mr. Hayman said it could easily cost "six figures" to build them, and estimated $80,000, He said both sites could use reclaimed water which would help keep maintenance costs down and would be cost effective over time. In response to a question from Councilmember Thompson, Mr. Hayman said that the playing fields on the Peninsula were used year-round, and that the irrigation systems in the Reed Union School District and Strawberry Recreation District, were failing, He said that even with these fields, they were still at "ground zero" in terms of not having enough field space. Councilmember Thompson asked Hayman if they had looked into using the Paradise [State] Park grassy area. Hayman said it was not big enough and that County would not allow organized sports on that field, /""'. Mayor Matthews re-opened the hearing to public comment, Town Council Minutes 111137 April 15, 1998 Page 3 /'"' Bruce Abbott, 458 Greenwood Beach Road, said the proposal by TPSL had set off an alarm in his neighborhood. He said he had no objection to organized sports, but that the noise would disturb the peach and quiet of the neighborhood and adversely affect the marketability of their homes, Abbott said that the Proposition A, passed in 1972, called for no "intense or structured activity" on the properties purchased with the bond monies, He said that soccer practice was year-round and that other sports would most likely use the fields. Abbott submitted nine pages of petition against the proposed fields, Don Batten, President of Bel veron Gardens, said the consequences of organized sports in that location would "open up a can of worms." He asked iffootball and baseball would come next. Don Tayer, former Tiburon Councilmember, said his Council decided to create the soccer field at McKegney Green. He said that the Council felt there should be a balance between passive and active use of open space areas, and that Blackie's Pasture had always been discussed as an area for passive activity. Other uses that had been proposed, according to Tayer, were a Recreation Center, swimming pool, etc. ,,-. Tayer said that an increase in the number of children on the Peninsula did not change the desire of the community to keep the area passive, and he noted that the majority of the current Parks & Open Space Commissioners had voted that the concept of soccer fields at Blackie's Pasture should not be explored. Council asked for a Staff Report on the matter. Planning Director Anderson said the purpose of the hearing was to get direction from the Town Council to determine if a formal application should be filed [by the TPSL] and further studies performed. He said the issues to consider would be passive v. active use, noise, parking, traffic, and impacts upon wildlife and vegetation, Anderson said various uses had been discussed over time for Blackie's Pasture, but only one had ever been implemented, that is, the recent plan to remove rocks, plant native grasses, and place a statue ofBlackie in the pasture, Mayor Matthews asked for clarification of the uses specified in the 1972 Open Space Bond issue. Town Attorney Danforth said that the wording of the proposition to buy property for "open space and recreational purposes" did not preclude soccer. Mayor Matthews re-opened the hearing for public comment. ,,-. Kirsten Mikklesen, 42 North Lower Terrace, said that parking was already a problem at Blackie's Pasture, and that placing soccer fields there would not only have an adverse impact on parking, Tuwn Council Minutes #1137 April 15, 1998 Page 4 ~ but would place an "outrageous demand on a beautiful, quiet, passive park." Jean Zwilinger, 19 Claire Way, mother of three children and President ofTPSLfortwoyears, said that soccer was the fastest growing sport in the United States, and that fields were an on- going and non-resolved issue, She said that some Tiburon soccer players had had an opportunity to participate in an Olympic Program, and that she had only heard of two complaints in eight years [serving on the TPSL Board] over the use ofMcKegney Green as a soccer field. These complaints were: 1) not liking the sight of the goal posts [so they are removed after the games]; and 2) some Pine Terrace residents complained about parking in the cul-de-sac [which the league had attempted to correct]. Ms, Zwilinger also said that the players in the TPSL represented 500 families on the Tiburon Peninsula. Peter Gotsia, 41 Reed Ranch Road, said "kids are part of our community" and they needed an outlet. He said they would make noise playing in a park, whether or not they were playing soccer. He asked that an opportunity be created for them. Pam Snellgrove, 442 Greenwood Beach Road, said her two boys had played soccer and that she was grateful to the TPSL. However, she said that she and her husband, after spending a lot of time considering the proposal, had decided they could not support it. Ms, Snellgrove that Blackie's Pasture was the "crown jewel" of the Peninsula, and was more valuable as flat, accessible open space, and the greater good of the community would be served by keeping the area natural and passive, ~ Mike Robat, 20 Seafirth Road, said there were no practice areas for the soccer players, and that since the actual Pasture was not used much, it would be better than playing on McKegney Green. He pointed out that the area was already noisy due to the street location and noise. Alison McLaughlin, 390 Greenwood Beach Road, said she was in favor of soccer fields at Blackie's Pasture, Wayne Snow, 100 Jefferson Drive, said he was in turmoil over the issue, He also stated that the petition he circulated said the signers were not opposed to soccer, per se, but rather, "regularly scheduled activities" at Blackie's Pasture. Lalita Waterman, 36 Southridge West, questioned how the Town could limit the use of the proposed fields to soccer, and suggested that they would come into use year-round for other sports, She said that there was a serious traffic problem already on Tiburon Boulevard. Ms, Waterman also pointed out that the flat area was easily accessible for disabled people. Anita Dessamini, 885 Tiburon Boulevard, former President ofTPSL, said she respected the beauty of the area but that the community needed the vitality of children and should find a way to work out the problem, - Richard Levy, 120 Jefferson Drive, said "progress is not our most important product." He said he Town Council Minutes #1137 April 15, 1998 Page 5 /'"' was against any active use ofBlackie's Pasture, and that Jefferson Drive was already used as a turn-around, Mr, Levy said he purchased his home with the passive ambience of the area in mind. Susan Iglioli, 444 Greenwood Beach Road, said she was pleased that the Parks & Open Space Commission had voted against further study. She said the area was currently a "buffer" zone and that the assessed value of her home would go down from lack of privacy. Kirk Hansen, 2401 Paradise Drive, said the issue was a serious quest, and that both sides had the interests of the community at heart. He suggested that the Council not "kill" the idea, and ask more questions and explore the issue further. Sue Presley, 357 Karen Way, said she was in favor of the soccer fields, and that it was a "beautiful sight to see kids play." Alice Fredericks, Parks & Open Space Commissioner, clarified that she had not changed her vote the previous evening, but rather voted that way she did after she understood the intent of the motion that was made. Cecy . 448 Greenwood Beach Road, said it took 20 years to get to the current condition ofBlackie's Pasture, and she asked Council not to "destroy the life there." /""' Ted Anderson, 3 Mercury Avenue, said that elevation was a problem for draining at Blackie's Pasture if it were to be converted to soccer fields, He said it would have to be filled in more, and he cautioned Council about the chemical and fertilizers that might run into the Bay. Vicky Sodaro, Washington Court, said she'd prefer to hear the roar ofa crowd than the roar of traffic. She said the kids needed some place to play, and that the problem was NIMBY ("Not in My Back Yard"), Mark Hayman made some closing remarks. He said that only three teams played year-round because there was an indoor season of "futsol." Hayman said there were no whistles blown during practice, and pointed out that the area would still be "open space," Hayman said that all they were requesting was the go-ahead to prepare studies and gather facts. Mayor Matthews closed the public hearing, Vice Mayor Bach, former President and one of the founders of the TPSL, said he personally "begged" to get the field at McKegney Green, However, he said that he had mostly been approached by people in the community to "not let it happen" at Blackie's. Bach said the issue was land use, and that traffic studies are not definitive and could be biased to support different points of view. /""' However, Bach said he would like to help the TPSL and Friends of the Field by trying to find Town Council Minutes #1137 April 15, 1998 Page 6 /""'. other locations, such as Romberg Center, or perhaps spend some more money to improve McKegney Green. Councilmember Thompson thanked the participants and said this was a good way to "test the waters and create focus" on the issue. He also said he would like to support the kids but would like to look at other locations, such as Paradise Park, Thompson said he could not support the concept ofa field and Blackie's and a practice field at the bayside of the Pasture. He said it was too much impact and far more than what had been envisioned for the area. Thompson said as Chairman of the Richardson Bay Regional Agency, which was in charge of water quality in the Bay, he was also concerned about endangering it. Thompson said he might entertain the idea of a smaller, practice field. Mayor Matthews acknowledged that Tiburon, like other communities, was ''Nimbyville, USA." However, Matthews pointed out the positive things that had happened since he moved to Tiburon in 1963, including the conversion of the railroad line to a multi-use path along the Bay, and the creation of McKegney Green and Blackie's Pasture. I'"" Matthews said that Blackie's Pasture should remain a passive use area, although there were powerful arguments on both sides. He said he would have trouble encouraging further studies of conversion of the area to other uses. However, he said he would like to help, perhaps through upgrading McKegney Green. Mayor Matthews thanked everyone for their participation and suggested that the matter be continued if the TPSL wanted to pursue the matter in front of the full Council. 15) MARIN ANIMAL CONTROL ORDINANCE - Amend Chapter 20 ofTown Municipal Code to Incorporate Changes to Title 8 of County Code Re: Housing of Wild or Undomesticated Animals in Areas Zoned Residential - (1st Reading by Title Only) MOTION: Moved: Vote: To read Ordinance by Title Only. Thompson, Seconded by Bach AYES: Unanimous ABSENT: Gram, Hennessy Mayor Matthews read, "An Ordinance of the Town Council of the Town of Tiburon Adopting by Reference the Amended Animal Control Regulations of Title 8 of the Marin County Code Adding Sections 8.04.184, 8.04.184.1, and 98.04.184,2 Pertaining to the Prohibition of the Housing of Any Wild or Undomesticated Animal in an Area Zoned Residential." MOTION: To pass first reading of above Ordinance, Moved: Hennessy, Seconded by Bach _ Vote: AYES: Bach, Gram, Hennessy, Matthews, Thompson NOES: None Town Council Minutes #1137 April 15, 1998 Page 7 ~ J. UNFINISHED BUSINESS 16) REDWOOD IDGH SCHOOL GRAD NIGHT - (Recommendation for Community Service Project and Funding). Council agreed to give $500 to the "safe and sober" graduation activities. Town Manager said the students had performed community service in the form of coastal clean-up in the past. Councilmember Thompson said the efforts could be coordinated through Bill Price of Richardson Bay Regional Agency. 17) COUNTY-WIDE MASTER JP A - (Approve Phase II and Implementation Plan for Master JPA Coordination), Town Manager Kleinert said many elected officials and city managers felt that the many Joint Powers Agreements in the County needed more oversight and accountability, and that Phase II would allow the hiring of a person to perform the oversight. He said the fees to pay the salary would come out of the Street Light JPA's funding received from the installation of the Metricom System on light poles, Kleinert said that three elected officials, Pat Eklund of Nova to, Paul Chignell of San Anselmo, and Frank Egger of Fairfax, opposed implementation of the plan, /""'. Vice Mayor Bach said that employing one person to manage the joint powers authorities made sense. Councilmember Thompson said it was a good idea as long as the person created efficiencies and saved money. He said he would support the one-year pilot program. MOTION: Moved: Vote: To approve Phase II of the Implementation of the County-wide Master JPA. Bach, Seconded by Thompson AYES: Unanimous ABSENT: Gram, Hennessy K. COMMUNICATIONS 18) REQUEST FOR USE OF BLACKIE'S'S PASTURE - JULY 12,1998 - (Special Event Permit Application by Marin Community Foundation and Hilarita- Tiburon Ecumenical Association, Dated April 3, 1998), Council denied the permit due to parking constraints at Blackie's Pasture. 19) LETTERS FROM US, POSTAL SERVICE Re: "Tiburon" Postal Address/Zip Code- (April 7 & 8, 1998). Councilmember Thompson asked Staff to define exactly what the problem was. Town Clerk Crane said that local resident Patricia Zippin had complained that she could not find Tiburon ~ addresses on the internet, and that local businesses should be concerned as a result. Zippin contended that by separating the "Belvedere" and "Tiburon" postal addresses, i.e. issuing two zip TQH1tI Council Minutes 111137 April 15, 1998 Page 8 codes, the problem would be resolved, and that she thought Council should ask the Postal Service to take action. Councilmember Thompson expressed doubt that the above would ever happen. No action taken. L. STAFF & TOWN MANAGER REPORTS 20) STATUS OF COMPUTER NETWORKS AT TOWN HALL - (Report by Town Clerk & Finance Director). Town Clerk Crane said that three consultants had been interviewed by Staff to design the computer network for Town Hall. She said that Town Attorney Danforth was reviewing a question concerning how the Request for Proposal for equipment and software would be handled. Town Clerk Crane said that a new computer system would probably run around $20,000 or more, and would be addressed in the upcoming fiscal year budget. Finance Director Stranzl's written report said that the new accounting system would be running parallel with the old system by June, 1998. 21) PLAZA TREE REMOVAL - (Oral Report by Town Manager). Town Manager Kleinert said the tree in front of Boudin Bakery would have to be removed because its roots had started to tear up the sidewalk and was creating a safety hazard. He said it would be replaced by a tree in a planter box. M. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Matthews adjourned the meeting at 10:45 P.M" sine die. ~~ 7J(~ HARRY . MATTHEWS, MAYOR DIANE L. CRANE, TOWN CLERK Town Council Minutes #1137 April 15, 1998 Page 9