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HomeMy WebLinkAboutTC Min 1994-08-17 .~ TOWN COUNCIL MINUTES ~ CALL TO ORDER Mayor Nygren called the regular meeting of the Town Council of the Town of Tiburon to order at 7:45 P.M., Wednesday, August 17,1994 in Council Chambers, 1101 Tiburon Blvd., Tiburon, California. :A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren ABSENT: COUNCILMEMBERS: None EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Police Chief Herley, Planning Director Anderson, Associate Planner Catron, Town Clerk Hennessy CLOSED SESSION ~ The Mayor announced that the Closed Session would continue after the meeting. B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES There were none. C. PUBLIC OUESTIONS AND COMMENTS ANGEL ISLAND FERRY Diane Ashley, President of the Chamber of Commerce, and member Maggie McDonogh, asked if a representative from Council could attend a meeting of the Golden Gate Bridge & Transportation District on August 26 at which time they will consider starting a ferry service from Larkspur to Angel Island; stated the Chamber felt it will impact the community Angel Island ferry. The Town Manager stated the Town has always supported and encouraged access from other locations but by doing that we are eroding the private contractor; stated he has asked for an agenda and will attend the meeting. THE ARK ~ Ann Ross, Reed Ranch Road, stated she was unhappy The Ark failed to include in their agenda report the New Police & Administrative Facility item. TOWN COUNCIL MINUTES #t028 8/17/94 1 I " -~-- D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS ., Vice-Mayor Thompson announced the Richardson Bay Regional Agency would meet on Tuesday, August 23, to discuss whether to continue the Memorandum of Agreement with the Waterfront Community. E. CONSENT CALENDAR Item 5 was removed from the Consent Calendar. MOTION: To approve the Consent Calendar consisting of the following items: 1. APPROVAL OF MINUTES #t022, July 6; #1023, July 7; #1024, July 12; #1025, July 20; #1026, July 26, 1994 2. INVESTMENT SUMMARY REPORT (June 1994) 3. CALIFORNIA COASTAL CLEANUP DAY, SEPTEMBER 17; COASTWEEKS SEPTEMBER 17 THRU OCTOBER 10 - Resolution 4. "SCHOOL'S OPEN - DRIVE CAREFULLY" - Resolution 6. SPECIAL EVENT PERMIT - TIBURON PENINSULA SOCCER LEAGUE TOURNAMENT (September 3-4 Informational Item) '~ Moved: Vote: Thompson, Seconded by Ginalski AYES: Unanimous NOES: None 5. DENY APPEAL OF DESIGN REVIEW BOARD DECISION (AP. No. 38-161- 33, Appellant: Mr. and Mrs. Harvey Poppel; Applicant: Bonnie Agins, 185 Gilmartin Drive, New Home - Resolution The Town Attorney recommended adding another sentence in paragraph 4, subparagraph (g) in the Resolution to state: '''The point of observation of the trellises shall be from an elevation of five feet above the upper floor level of the residence at 147 Gilmartin from the center of the dining room window, just behind the window." Motion: To adopt Resolution Denying an Appeal and Affirming the Decision of the Design Review Board Approving Site Plan and Architectural Review for 185 Gilmartin Drive (Agins) as amended. Thompson, Seconded by Thayer AYES: Unanimous NOES: None Moved: Vote: -- TOWN COUNCIL MINUTES #t028 8/17/94 2 r .. F. PUBLIC HEARING 7. OLD LANDING ROAD PREZONING (Prezoning, Ordinance, 2nd Reading) Associate Planner Catron reviewed the Staff report which included the Planning Commission recommendation to rezone subject property to RD-l, RD-2 and M. Matter on now for second reading. The Mayor opened the public hearing. There being no comments, the Mayor closed the public hearing. Motion: Moved: Vote: To read by title only. Thompson, Seconded by Thayer AYES: Unanimous NOES: None The Mayor read AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PREZONING APPROXIMATELY 45 ACRES IN THE VICINITY OF OLD LANDING ROAD TO THE RO-l, RO-2 AND M ZONING DISTRIcrs. """" Motion: Moved: Vote: To adopt the aforementioned ordinance. Thompson, Seconded by Thayer AYES: Ginalski, Thayer, Thompson, Wolf, Nygren NOES: None '" 8. OLD LANDING ROAD ANNEXATION (Request LAFCo to Initiate Annexation Proceedings) Associate Planner Catron reviewed the Staff report which recommended adoption of the draft resolution of application and forwarding it to LAFCo. The Mayor opened the public hearing. Diane McEwen, 12 Old Landing Road; Paul Hanshi, 4320 Paradise Drive; Patricia Atkinson, 31 Old Landing Road stated they were opposed to the sewer and annexation to Tiburon. ~. Tom Newton, Planning Consultant, representing Neighbors for an Antiseptic Environment, reviewed the dual annexation policy; stated petition to form the District was submitted to the Corte Madera Sanitary District and they asked the Board of Supervisors for authority to form the District; stated the District hired bond counsel and engineer and authorized the engineer's report. Mr. Newton' stated after the engineer has determined the costs, the people in the District can then protest it; if a majority want the sewer, the Board can form the District. TOWN COUNCIL MINUTES #1028 8/17/94 3 1'-- Diane McEwen read Council the petition and asked the Council to say no. Tom Newton reviewed the protest proceedings. In response to Councilmember Ginalski, Mr. Newton stated he had no other documents than the petition signed by 22 of the 34 owners which states he represents the owners. .. Councilmember Wolf noted there is another means of approaching LAFCo and that is to get a majority of the owners to sign a petition. Jeffrey Channing, 28 Old Landing, supported the petition and the application for annexation; stated it resulted from several meetings within the community; asked Council to adopt the Resolution. Paul Erickson, 14 Old Landing Road, stated he signed the original petition; stated it came by letter and the tone was one of exploration; thought group would develop data and get back to him; stated he has withdrawn his support in writing from the petition due to misrepresentations made in a subsequent letter; suggested the cost evaluation go forward, completed and a more formal petition be presented to owners with all the information; urged Council to pause and give it more thought. Igor Candry objected to LAFCo's dual annexation policy; stated the community has discussed alternative septic tank system which would only cost $1,200. '" Mary San Fellipo, 26 Old Landing Road, resident 50 years, stated if they put the sewer in she would have to move because she couldn't afford it. The Mayor closed the public hearing. There was general discussion regarding procedures. The Town Attorney noted protests can be in person or in writing. The Town Manager stated if there is a 25% protest it will trigger an election; if 50% or more protest, the proceedings cease. Councilmember Thayer, Town's representative and MCCMC representative to LAFCo, stated the Town strongly supports the dual annexation policy; had no problem procedurally to allow the process to go forward to the next step; citizens will have an opportunity to express themselves in a definitive way; stated it was important to know the cost per property to be better informed. ~ Councilmember Wolf noted the General Plan states "cost revenue implications" and she didn't feel it was an undue burden to get signatures of land owners; not prepared to support a Resolution until she had seen the study. Vice-Mayor Thompson supported the Resolution. Councilmember Ginalski stated after hearing public comment he had concerns about the petition; felt part of their job was not to push onto the Board of Supervisors a project that may stall because there's less than 50% support; suggested continuing to next meeting to get a more accurate count of land owners support. TOWN COUNCIL MINUTES #t028 8/17/94 4 ~-- Mayor Nygren stated she felt it was incumbent on the Council to proceed with recommendation. .. Motion: To adopt Resolution Requesting the Local Agency Formation Commission to Undertake Proceedings for the "Old Landing Road Reorganization" Thayer, Seconded by Thompson AYES: Thayer, Thompson, Nygren NOES: Ginalski, Wolf Moved: Vote: H. NEW BUSINESS 11. SIGN ORDINANCE/POllCY (Ark Row Sign) The Mayor moved this item out of order to accommodate those in the audience. The Town Manager reviewed the Staff report; stated sign was in Town's right-of-way; stated Don Fisher, 73 Eastview Avenue, objected to the sign; the Design Review Board is of the opinion that the subject directional sign should have initially been reviewed and approved by the Board before being installed, and the Town is not exempt from the DRB process for any of its signs; Staff recommended it be allowed to continue to have the discretion to install and display informational or directional signs in the community. .~ Mayor reviewed background of how the merchants requested the sign. The Chief of Police, in response to Councilmember Wolf, stated there had been no complaints; didn't see a safety issue. Dian Ashley, President Chamber of Commerce, asked the Council for support of the sign. Pamela Cowans, Paper Creations on Ark Row, asked for Council's support. After a brief discussion, it was the consensus of the Council to continue current policy allowing Staffs discretion, and the matter to be discussed at the Design Review Board workshop. G. UNFINISHED BUSINESS 9. BLACKIE'S PASTURE - Consider Utilizing Meadow Area for Salt Water Marsh, and Consider Audubon Society's Salt Water Marsh Program Councilmember Wolf stepped down because her residence is within 300' of Blackie's Pasture. Mayor Nygren noted the Minutes of April 7, 1992 included a motion as stated in the Staff report which was: ~ TOWN COUNCIL MINUTES #t028 8/17/94 5 1'"' , , ~ ''To approve the Blackie's Pasture Development Plan, dated 11/12/91; to appropriate sufficient funds for working drawings to determine cost estimates; and to direct the POSC to seek grant funding for development of Blackie's Pasture." and an amended motion nQ1 included in the Staff report which stated: '''That the Town Council go on record that the goal of approval of this plan is the re-establishment of a salt marsh; that the working drawings include the barriers as recommended by the Town Engineer; and that gravel or other alternatives to asphalt be considered for the parking area." ,-- Vice-Mayor Thompson reviewed the background of the drainage problem near the Greenwood Beach Road homeowners' property and the idea of creating a small salt marsh out of the meadow area. Dietrich Stroeh, engineer representing the homeowners, stated they are interested in the concept with further exploration. Vice-Mayor Thompson noted over 400 people use Blackie's Pasture and the meadow is more secluded; wouldn't have the impacts that a marsh in the center of Blackie's Pasture would have. In response to Mayor Nygren, Mr. Stroeh stated a restoration plan would be the combined effort. The Town Attorney stated the homeowners came to the Town with drainage concerns and the Town has been working on a cooperative approach. Vice-Mayor Thompson suggested taking the wonderful effort of the Audubon Society and focus it in the more secluded, isolated area of the Meadow where the wildlife can exist is a win-win situation. Bill Davoren, 5080 Paradise Drive, objected to the context of the Meadow marsh on the basis of either/or; stated the Council should treat the Meadow marsh as an add-on. Lisa Klairmont, 161 Stewart Drive, member of the POSC, stated she was astounded this concept comes before the Town at this point; the Town spent $18,000 on the Phillip Williams Plan and is now discussing the feasibility of another area. Jim Mitchell read letter from Larry Smith, Chairman of Blackie's Brigade, asked that their work go forward; the simplicity of their plan is key to continued community support; stated the "...idea of using the "meadow" area for a salt marsh has the makings of a win/win solution for all". Elva Edgar suggested a study by an engineer knowledgeable about wetlands be done. ~ TOWN COUNCIL MINUTES #1028 8/17/94 6 r- w Mayor Nygren showed Council pictures of Blackie's Pasture as a meadow and marsh area in the 30s. Barbara Salzman, Audubon Society, thanked Council for opportunity to address them again; stated issue should be can we have a marsh in both places; stated plan shows salt marsh designed by Phillip Williams and Blackie's Brigade parking lots; stated the Town can have both; felt Williams the foremost design firm for salt marshes; felt very comfortable okaying and supporting and seeking funds for the Phillip Williams plan; their plan could be modified somewhat, however, if it is made much smaller, it might not be worth doing; thought evaluation that a marsh in another location would be better from a planning or land use perspective is a value judgement; stated a marsh in both locations would be fine; the Audubon's offer was not to develop a plan but to try to fmd funding for the Phillip Williams plan; stated there has never been an accurate estimate how much it would cost to put a marsh in the central location; that would be the fust thing for them to do if they had permission to look into it; stated the Town's cost estimate for grading included parking lots; didn't think it would be as expensive as quoted in the past; wasn't prepared to support or oppose the meadow marsh area; stated its primary purpose sounds like flood control; well beyond anything she could deal with tonight to commit to substituting it; offered to find funding for the Phillip Williams Plan. ,...... In response to Councilmember Ginalski, the Planning Director stated two eye witnesses have noted the location of Blackie's Grave within the periphery of the proposed marsh area; stated there is a substantial elevation change from 8 1/2' to the proposed 3'. , "' Ms. Salzman stated they could investigate it and didn't see it as an insurmountable problem. In response to Vice-Mayor Thompson, Ms. Salzman stated in the Phillip Williams Plan there would be some mud flat and some marsh; similar to marsh along Paradise Drive called Triangle Marsh; a marsh at low tide would have some vegetation; understand some people don't like mud; mud is a vital ecological resource; thought they were beautiful. Vice-Mayor Thompson stated there was an accreting beach; worried about a sandbar effect; worried that there won't be water going in and out and the marsh will die. Ms. Salzman stated one can set up various scenarios so that she can't win; found it hard to believe Phillip Williams would design a plan that would result in problems slightly downstream; stated he is quite skilled in developing salt marshes; stated it was an issue that could be addressed later as part of a final design. Vice-Mayor Thompson noted the beach area was not addressed in the Phillip Williams Plan. ,. In response to Vice-Mayor Thompson, Ms. Salzman stated funding might come from Water Quality Control Board fines. TOWN COUNCIL MINUTES #1028 8/17/94 7 "" I .. Ann Thomas, representing the Environmental Forum of Marin, stated they will work with Marin Audubon Society to seek funding for the marsh restoration; they are interested in creating an educational program. The Mayor noted the Town has received letters from Sierra Club and Marin Conservation supporting this project. Pam Snellgrove, homeowner along the Meadow, stated they have been meeting with the Town to try to work out their severe drainage problem; seemed the best alternative was to fill in the drainage area that is causing the problems; to divert the street drainage across the Meadow into the Bay; they do not have a position on a new marsh; it is not something on their agenda at this time. Doris SyJ;I1onds, retired biology teacher, wanted to make sure the number one priority is the restoration of a salt marsh and wetlands; stated it was fortunate to have four environmental groups behind the project. ~ John Kern stated he sat in on many meetings when the Williams plan was discussed and heard comments made by the Town Engineer concerning the ability to get a wetland built in the Pasture and the time it would take for the sedimentation to develop; the Town Engineer recommended that they would have to have a wier put underneath the bridge in order to hold the water in there long enough to get the sedimentation in order to support the growth; stated based on sedimentation studies made allover the Bay and being in support of salt marshes where they can be built efficiently, and where they can function correctly but this area in his opinion is far too small; has been involved in the planning of the biggest salt marshes in the southern peninsula of S. F. Bay; they also have a lot of attractions the public is not aware of; stated they smell, draw small rodents and the like that will be attacked by cats and all the domestic animals living in the housing area adjacent to this; take into consideration if you build a marsh from a structural point of view and land contamination point of view, it is better to build it out where the meadow is because that land hasn't been filled with asphalt, gravel and material dumped from the roads; during the development of the POSC hearings there were violent objections raised by the people who live along Greenwood Beach Road when there was a plan to put a picnic area in the meadow; they wanted a buffer and isolation; didn't want public looking into their windows; obvious solution was to give them the meadow and the buffer they needed and wanted, and let the other part of the land be put to the environmentally designed, highest and best use which is for the people of Tiburon; reminded the Council there was a linear park along Tiburon which has only one point of ingress and egress and that's Blackie's Pasture; it is also the marshalling area for things such as fire trucks; didn't think the Town could afford two marshes; they would cut the people out and stated we were here to vote for the people; believed nature's bounty should be put to the benefit of mankind, not to the exclusion of mankind, but at the same time mitigate damages to the environment; if the Town needed a marsh, the Council should look at the pasture area. ~ TOWN COUNCIL MINUTES #1028 8/17/94 8 r Mayor Nygren asked if the marsh smells and has rodents and it is put in the meadow area closer to residents homes, how would that impact their homes. Mr. Kern responded he didn't think either area warranted a marsh; wouldn't put a marsh there, but if the Town wants to have a marsh, of the two places, he suggested the meadow; there's less impact from the public and much less interference from bicyclists and other people in the meadow area and it could be a teaching environment. .. Nancy Dempster, Mill Valley, stated she was a Bayshore Studies volunteer at the Audubon Society since 1986, stated the mud is incredible place to find life; excited about possibility of having two marshes; thought Blackie would be very proud of the Town for creating a marsh; found marshes beautiful. . , Dick Hill, Blackie's Brigade, read two sentences from the Phillip Williams Plan "that the proposed design seeks to create a destination environment for both people and wildlife, to blend park recreation with environmental restoration. A restoration of part of the historic salt marsh and enhancement of existing riparian habitat areas is integrated in a park design providing a safe haven for wildlife while allowing park visitors to observe and learn about the Bay Area's natural heritage". Mr. Hill stated those sentences were from the design goals of the original Williams Plan; noted Audubon Society's offer was very generous; should be appreciated by everyone; stated it was his understanding that the Audubon's offer is only supporting the marsh portion of the project, and some qf the amenities and infrastructure relating to the people part of the project are not there; stated Blackie's Brigade is proceeding on a portion of the infrastructure such as the parking; other elements are missing, for example, under the Plan approved by the POSC, the spoils of the digging were to be put into a mound that would become an observation area; assuming the Audubon's dredger would deliver the spoils to the same place, would the town want an unfinished area. He stated it was his understanding the Audubon's offer applied just to the salt marsh and not to other improvements in the Plan; thought it very important if we go forward in that direction that the approvals from BCDC and anyone else must include everything, not only the salt marsh, but all the improvements; noted it would be paradoxical thing to find out later the Town couldn't get approvals for some reason. ~ .. He stated he thought it should be made clear the Plan approved by the POSC and the Town Council is not the Williams Plan; it is derived from the Williams Plan, it has changes in it some of which were design elements put in by POSC, some which had to do with the salt marsh were approved by Williams; asked if Audubon's offer was for the Plan original specified by Williams or as approved by the Town Council which is somewhat different because Ms. Salzman was opposed to the final approved plan in November 1991; asked if Audubon was also willing to assist with development of a salt marsh in the Meadow area; asked what is the current opinion regarding salt marsh in Tiburon; there will still be some costs to the Town; in his opinion, assuming the Meadow marsh folks get a reasonable plan, he would like to see that plan done first; the Town would then have a better feeling if people wanted a second marsh. TOWN COUNCIL MINUTES #1028 8/17/94 9 .. Jim Mitchell noted the Brigade's work in cleaning out the scotch broom and applying for funds; questioned the point of going ahead if the Audubon Society goes ahead with their plans. r John Tripp stated he was very impressed with Blackie's Brigade, the civic spirit trying to get something together. Madeline Wood, Paradise Drive, suggested the groups work together and making it all happen. ,... Ms. Salzman agreed with Ms. Wood; offered to work together with Blackie's Brigade; with regard to timing, it takes at least six months to get a Army Corps of Engineers and BCDC permit and that would be if they had all the drawings and all the paperwork done and all the money right now and obviously they didn't have that; she thought the fastest would be a year, but they didn't have the money; it might be two or three years before they were able to get some money; if they had a sure source of money, she could be more definite but they didn't; all they are really asking for is the ability to go out and see if they could find some; they can't ask a funding source for money to build a salt marsh, and have them question what Tiburon thinks; regarding the marsh plan she wasn't at the meeting and wasn't sure which marsh plan was approved but Audubon would not seek funding to build an artificial sort of pond which was the other design; they would want to build a salt marsh. In response to Mayor Nygren, Ms. Salzman stated she didn't know if she could get funding for a pond; she wouldn't look for any because it is an artificial environment which would be attracting domestic ducks; it is not a natural marsh habitat; she knew it was preferred by some people, but it wasn't a natural habitat. Ms. Salzman stated she hasn't looked at the plan from point of view of other amenities; knew there was a raised area for a monument to Blackie; didn't know how much that would cost; if they found a funding source that was interested in funding it, that would be fine; she wouldn't want to hold up a whole plan if she couldn't get money for that sort of thing; it would depend on money. Ms. Salzman stated it was true they would have to create such a mound because they will be taking out mud and need a place for it; it also has a protective quality so people would be raised away from the marsh, they wouldn't be right next to the marsh on the public access path. Ms. Salzman stated there has been an issue raised about the substrate and whether it is suitable for marsh; the way Phil Williams has designed all of our marshes is they are dug a little bit deeper than they need to be so you have silt coming in with seeds in it of marsh plants, so that sediment will deposit and the seeds enable the marsh to regenerate faster. In response to Vice-Mayor Thompson, Ms. Salzman stated the Clean Water Act would regulate the issue if there were problems with the marsh not being sustained; she would suggest correcting them. .. TOWN COUNCIL MINUTES #t028 8/17/94 to r .. Vice-Mayor Thompson stated if there was a sand bar effect, it would have to be dredged; stated he was very sensitive to the fact the Town has a wonderful volunteer effort for clean-up and installation of parking; teh Brigade has been successful in getting it done at little or no cost to the Town; should bring Audubon Society into Blackie's Brigade; concerned there are over 200 cars each day; each car has two people; that count doesn't include bicyclists and neighborhood people; worried about parking; what the Town is planning to build for 140 cars is already too small; afraid the need will increase; noted the fire department uses Blackie's as a staging area for the entire Peninsula when there is a big fire; thought the Town should implement the parking plan, the pasture plan and the parking and do the marsh later; didn't know if a salt marsh would survive in this active environment where kids and animals will get into it; felt the Town would have to keep dredging the marsh; Town should be looking at protection of the embankment; tree roots are coming out along the shore; supports building a salt marsh that fits within uses of Blackie's Pasture; his direction to the Audubon Society is the Town wants a marsh but didn't want to undermine what the Town is doing now. ~ Councilmember Ginalski stated there is a lot of space on this site and a lot of things the Town would like to do with it; there are some very committed people in the Town as well as a whole host of environmental groups that are willing to come in and give their expertise to let us come to a logical solution to this problem; showed delineation of jurisdictional wetlands on the site prepared by LSA; suggested a marsh area a bit smaller that would skip Blackie's Grave; the size of the marsh could be modified somewhat; stated the key is everyone is looking for a solution; this is one of the first times to have a publicly approved Plan that is trying to be implemented by the use of private people with the supervision of the Council and environmental groups coming in to help; unique situation that deserves a helping hand; stated the Council needed to send a clear message that the salt marsh is desirable; suggested the Council echo comments of April 1992 of establishing a salt marsh; asked how everyone could work together; suggested representatives from the three entities meet to discuss how large this should be to make it feasible; how much of the area can be pasture, how to work towards achieving the goals of circulation and parking while at the same time having the pasture and having the marsh land; thought it was a goal we can all achieve and work towards as Ms. Salzman said, we can have both; in regard to comments about putting the marsh in and it doesn't take hold, he imagined in the funding there would be some sort of contingency for a monitoring program for some period of time to make sure if there is a failure that it is rectified. Councilmember Ginalski stated the direction he would give is that the salt marsh is a concern and a goal for the Council and the Town; decide where it is going to be and how large it is going to be, and have the groups discuss how to do the parking in conjunction with the salt marsh; how to do the pasture; how to do the clean-up; what's the scope of each person's job and the cost of it; with the groups working together as a team, we can achieve a major accomplishment we can all be proud of including Blackie. ,. TOWN COUNCIL MINUTES #1028 8/17/94 11 r Councilmember Thayer noted the marsh has been discussed for years; stated he has never been strongly in favor of marsh there; not convinced it would succeed if installed; not convinced it is the best use of the land and that has been his consistent position, but not necessarily closing the door to allow further investigation to take place provided there is adequate public sentiment for it; he has never detected broad based public sentiment for this project; stated there have been a few very vocal very articulate people who have consistently been to the Council when this matter is discussed but has never seen a ground swell of opinion in support of a marsh on that piece of land; what he does perceive as the public sentiment is to clean it up, to plant a few trees, to get it organized so that it looks better and can be used better than it is now without costing a lot of money; thought the Brigade represents a broad based body of public sentiment that has the same thoughts; didn't want the Brigade discouraged in what they are doing; supported getting the different entities together; stated it is obviously uncertain when the marsh could be funded and when it could be constructed; didn't want to hold up anything the Brigade is planning to do that has been approved by the Council; regarding the meadow, as long as the citizens who are willing to finance the meadow project without cost to the Town and it would improve the drainage problem and the sightliness and visual usefulness of that property appears to be a progressive step and he would encourage the citizens to proceed with plans and a proposal that the Council could examine for final approval. .. ~ The Mayor stated visually one has to think about what does a marsh look like; in Kentfield there's a marsh along the bike path; in Mill Valley along the bike path is marsh, an exquisite area to look at; didn't think they were smelly; stated you can see birds and creatures and if there's mud, it is almost a sculptured area; an exquisite area to look at; can't envisioned anyone saying when they walked down Mill Valley or Kentfield bike path that is an area that is unattractive; stated it is a beautiful area and it is mud, and mud can and is in its natural environment very pleasing to look at; concerned they were looking at Blackie's Pasture not as a pasture but a parking lot to eventually hold 400 and 600 cars; didn't think anyone in the community wanted that for Blackie in his pasture; thought the Brigade in trying to clean it up and add the parking on the outer areas has merit and has never been opposed to it; wanted to make sure it was done correctly; never been opposed to the bayfront cleanup area, and what they have done there; the temporary solution of filling in the center section of the marsh with dirt that will have seasonal grass, which means it is a flat area with dead grass and probably weeds all summer long, is not particularly attractive; stated it was the only place we will be able to have overflow parking and to be saying that's what we are going to develop is a flat area with dead grass for parking is not what she envisioned for Blackie's Pasture in the long term; thought it is very important to say, and she commended the Brigade and thought the citizens effort was wonderful, but also thought they needed to think of the vision long range and couldn't envision why people can't work together mutually for the benefit of the community; stated the Town had an outstanding opportunity from the Audubon Society, the Environmental Forum, supported by the Marin Conservation League and the Sierra Club, four outstanding organizations Jl TOWN COUNCIL MINUTES #t028 8/17/94 12 r , .. that are recognized and credible that feel it is extremely beneficial; to say we are going to overlook this opportunity that might never come back again, is a serious concern; hopefully we can work together; didn't know engineering or if idea could work; marsh has to have the right elevation, the right size, the right shape and Phillip Williams had a plan; it has merit, but none of them were engineers; noted Ms. Salzman was willing to take on the Phillip Williams Plan because it has already been engineered and she knew it already would work; to ask for a totally new plan and ask Ms. Salzman whether she would do the plan, that's funding she wasn't planning on; stated Ms. Salzman was looking at a plan that had been determined; maybe she would be willing to do it, if in fact the Town might look at the engineering and see if it is feasible to do it, but didn't think the Town could expect Ms.Salzman to do what the Town had already spent $17,000 or $30,000 to do; would like to see if we can work together; citizens are important but it concerned her that this would become an effort not included in the POSC and public eye; would like to see that the Council support a marsh restoration; would like to see Phillip Williams marsh because the Town has spent the money and wouldn't have to spend it again for another design; and left Blackie and make sure we didn't move his grave, thought they could work around that; two marshes are better than one; didn't see why they couldn't do the meadow marsh too but felt the homeowners would have to fund it, and not for the Town at all. ~ Councilmember Ginalski suggested the Council direct Staff to set up a meeting with environmental groups, representatives of Blackie's Brigade and the Town reaffirm statement made in April 1992 that a salt water marsh is desirable; to go forward and undertake restoration of the marsh. , Vice-Mayor Thompson stated the marsh plan is currently on the shelf; that was the last action; Blackie's Brigade isn't saying it isn't going to happen; it is a matter of timing; his point is once the parking is in and we have worked out some of the logistics, and taken the first step; a year from now, he might be absolutely tOO percent thinking this is the greatest thing; didn't think Ms. Salzman would be gone a year from then. The Mayor noted nobody is saying they can't do the parking; nobody is saying that they can't proceed with the bayside area; everyone has agreed to that; why not let Ms. Salzman look for the marsh funding at the same time; stated it was not precluding one or the other. Vice-Mayor Thompson stated he thought the marsh should stay on the shelf at the moment; had no problem with Ms. Salzman working with Blackie's Brigade and trying to figure out ways of preplanning the marsh now. ~ Ms. Salzman stated she didn't have money to redesign; stated Mayor Nygren was accurate in that they are using the Phillip Williams Plan and do some relatively minor modifications like keep Blackie's grave and change some of the edges. Ms. Salzman stated she was willing to meet including the Environmental Forum. TOWN COUNCIL MINUTES #t028 8/17/94 13 r"' ~ Councilmember Ginalski stated Council should direct staff to set up a meeting with environmental groups that are involved, representatives of Blackie's Pasture and the Town and go forward and make a specific statement to reaffirm the statement made April 7, 1992 that the salt water marsh is desirable and that we should go forward and under the installation of the marsh; didn't see why the Town couldn't do the parking lots and look at various options towards the marsh at the same time; might come up with different ideas. Vice-Mayor Thompson supported everyone getting together for a mutual solution, but if he was proposing pulling off the shelf and implement the quasi-Phillip Williams Plan now, he couldn't support that; he had serious questions about the plan; don't think there is enough support for the plan; thought there were other utilizations for the land; thought it was too big; didn't think it would work; stated they need to get together and talk about some compromises, things that work together and some timing, but didn't think the plan should come off the shelf at this point. Ms. Salzman stated she could not see if there was funding available without an okay from the Town; needed direction as to what to meet over. )""II Councilmember Ginalski stated they should meet over the location of the marsh, the size of the marsh, whether or not any boundaries of the marsh can be changed, whether or not the meadow marsh can be included, whether or not the rip rap issue can be addressed with respect to plantings of different types of plants. 1 Mayor Nygren noted Council's make decisions and another Council changes them; spend years developing plans and doing studies and then someone gets a new idea and the Town goes in a new direction and nothing gets done; noted this Plan had years of study, money put into it and now we are off in a new direction to restudy it; stated it is discouraging; to say this marsh might not work is just another way of saying you are not interested in the marsh, otherwise you would say go ahead. Vice-Mayor Thompson stated that is not true, what has been consistent is the simple clean-up and positioning of the parking; the marsh has evolved from the Town Engineer's original plan of widening the stream a little bit. The Mayor stated she felt the POSC should be included. Councilmember Thayer stated that has been going on; decisions have not been made without some review of POSC and referral to the Council; Vice-Mayor Thompson concurred. Councilmember Thayer agreed it was an issue of timing at this point; understood comments to be that the entities get together and work out the timing so that everybody can go forward confident they have the entire support of all of the other elements but no slowing down anyone element. JI TOWN COUNCIL MINUTES #1028 8/17/94 14 1'-- In response to the Mayor, Councilmember Thayer suggested the Council direct the various interests, the Brigade, the marsh and the town including POSC get together in a room and discuss the timing of the various elements of this combined effort at Blackie's Pasture; it includes the Brigade's plans, and the marsh plans, so they don't conflict with each other and they go forward in confidence in seeking support for the accomplishment of their particular component of the combined project. .. Ms. Salzman asked the Council to affirm they support a marsh. The Mayor asked if Ms. Salzman wanted the Council to support a marsh, not necessarily the marsh depicted. Motion: That the Town Council go on record that a salt water marsh is desirable in Blackie's Pasture, the size and location to be determined after negotiations. Ginalski, Seconded by Thayer Moved: Vice-Mayor Thompson stated he wasn't confident a marsh is the best thing right now; supported the investigation of marshes in and around the entire Blackie's Pasture area; thought they should be changing the rip rap and the entire front of the marsh; didn't agree that a marsh is desirable. Vote: AYES: NOES: ABST AlN: Ginalski, Thayer, Nygren Thompson Wolf ,..., . ~ 10. NEW POUCE & ADMINISTRATIVE FACILmES a. Alternative Financing Methods b. Town Newsletter and Mailer Councilmember Ginalski reviewed previous funding alternatives for funding for capital improvements; reviewed Charter City procedures for awarding public works contracts, raising municipal taxes, zoning and building permits, regulation of police forces' hiring and firing, compensation of employees, issuance of muni bonds and real estate transfer tax; noted there were advantages to having the Town of Tiburon switch to a charter system. After a brief discussion, the Council agreed to discuss this idea at a workshop; asked Staff to list advantages and disadvantages. I. STAFF AND TOWN MANAGER REPORTS The Town Manager noted the Newsletter will include an article about the November election and the Town will send an informational mailer. ,. TOWN COUNCIL MINUTES #1028 8/17/94 15 r J. CWSED SESSION III There being no further business before the Town Council, the Mayor adjourned the regular meeting at 11:45 P.M. to Closed Session to continue litigation discussion. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Nygren adjourned the meeting at 12:00 Midnight sine die. ATTEST: THERESE M. HENNESSY, T N CLERK .~. ~ TOWN COUNCIL MINUTES #1028 8/17/94 16