Chair Lindqvist called the regular meeting of the Parks & Open Space Commission to order at 7:05 P.M., Tuesday, March 11, 2003, in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.

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

ABSENT: NONE

EX-OFFICIO: Town Engineer/Public Works Director Echols

There were none.

Mayor Slavitz spoke before the POSC to thank the commissioners for doing an excellent job of handling Town's open space issues acknowledged the importance of their efforts.

Mayor Slavitz stated that a member the Marin County Open Space Commission (MCOPC) was present at the last Town Council meeting and informed the Council of a survey they will be conducting to determine the priorities for managing the county's open space. He encouraged the POSC to aid the MCOPC in determining these priorities.

Echols informed the commission that the Marin County Open Space Commission is essentially going through the same process of updating their policies and procedures that Tiburon went through recently. Echols will keep the POSC informed throughout the process, as their open space interfaces with Tiburon's.

Echols commented on a volunteer school group that is interested in removing French broom above the Del Mar and Avenida Mira Flores areas. Echols is assisting Lindqvist in facilitating permission/waiver forms and the Department of Public Works will likely assist at the end of the project to pick up the pulled broom. Lindqvist added that the coordinator of the volunteer group was planning to do broom removal on Sunday morning, April 6, 2003.

Chair Lindqvist requested that Staff prepare meeting materials further in advance so that the Commission members receive the packets with sufficient time to review the materials before the meeting. Echols commented that if packages are mailed out earlier, a new submission deadline will need to be established. Echols informed that Commission that any meeting materials that are available in electronic format will also be e-mailed to the Commissioners, with a hardcopy to follow via post.

Chair Lindqvist nominated Commissioner Fraser for Chair. The nomination was seconded by Commissioner Canter and approved 4-0. Fraser opened the floor for the nomination of vice-chair. Commissioner Lindqvist nominated McMullen for vice-chair, Commissioner Canter nominated Zender. Due to there being two nominations, Chair Fraser called for an open election. Commissioner McMullen was elected vice-chair 3-1.

Janice Anderson-Gram of 8 Venado Drive, representative for the Landmark Society and the Peninsula Library Foundation Board, gave a brief history of the gallows frame wheels. Anderson-Gram stated that the Landmark Society decided, upon the completion of the Railroad Ferry Museum in January, to propose the relocation of the gallows frame wheels to their original home at the Donahue Building. Anderson-Gram stated that there are Town documents that indicate the wheels would ultimately be relocated to their historical home at the Donahue Building. In January, Anderson-Gram met with Town Manager McIntyre and Planning Director Anderson to discuss the proposed relocation. Per McIntyre and Anderson’s recommendation, Anderson-Gram arranged to meet with the Point Tiburon Bayside HOA, the Heritage and Arts Commission, the POSC, and Public Works. As a result, the Peninsula Library Foundation decided that they supported the proposed relocation. Anderson-Gram added that McIntyre and Anderson had no objection to the relocation.

Anderson-Gram stated that the intent of this presentation was to discuss the proposed relocation under the purview of the POSC and gave a history of the gallows frame wheels, citing that the original location of the wheels was the wharf (the property that the Donahue Building is now located was not leased to the Landmark Society at that time) and that they were eventually located to the corner where the library now exists. At that time, Anderson-Gram stated, the Town decided that the wheels would ultimately be relocated to their historical home, which is now the location by the Railroad-Ferry Museum. Today, the Railroad-Ferry Museum displays a working model of the original gallows frame. The proposal, which is supported by the Library Foundation, is to relocate the wheels from their current location to the right of the Donahue Building. Anderson-Gram previously spoke with the Tiburon Department of Public Works to discuss a method of transporting the frame wheels.

Commissioner Zender commented that input from the Point Tiburon Bayside HOA is critical. Anderson-Gram replied that she requested to meet with the president of the Point Tiburon Bayside HOA before meeting with the Town’s various commissions but that she never received a response. However, Anderson-Gram was able to contact a woman with the HOA who agreed to allow Anderson-Gram to give the homeowners a presentation of the proposed relocation.

An unidentified female audience member asked Anderson-Gram whether she was seeking an agreement from the POSC at tonight’s meeting or if the POSC was to take the presentation into consideration for action at a later date. Anderson-Gram replied that she is seeking both consideration from the POSC as well any direction they may offer for this proposal. The audience member stated that she felt more community input should be gathered before the POSC takes a position on the proposal.

Commissioner Fraser stated that public notices were posted for tonight’s meeting to solicit community feedback. Director Echols added that notices were mailed to residents within at least a 300 foot radius of the proposed location as well as to anyone whose view might be impacted. He further stated that Town staff makes reasonable measures to notice public meetings.

Director Echols noted that, as stated in the Staff Report prepared by Planning Director Anderson, this issue is tentatively scheduled to go before the Town Council on March 19, 2003 for their consideration. The POSC has the option to forward a recommendation to the Town Council, if they so desire, based on their purview of the commission. That recommendation would be included as part of the package submitted to the Town Council. Additional noticing in the Marin Independent Journal and the Ark could also be included in that recommendation in order to solicit more community feedback.

Director Echols further pointed out that when the Whistle Board’s proposal for the flagpole installation came before the POSC approximately one year ago, concern over the proliferation of railroad memorabilia and any precedent that decision might set was expressed.

Dennis Ciocca of 314 Paradise Drive stated that he had expressed concern with the erection of the flagpole at the Donahue Building because he felt that it served little purpose and was of no historic value. He continued that although he had no objection to the signboard that was placed in front of the building, an agreement exists between the Town and the owner of the property that no additional memorabilia would be placed in front of the Donahue Building.

Commissioner Zender asked Mr. Ciocca if he was opposed to any type of structure in the waterfront area of the Donahue Building. Bruce responded that he is opposed to the unlimited access of structure or other paraphernalia around that building or its waterfront area.

Maryann Rudkin of the Reedlands neighborhood inquired if there were any plans replace the wheels with something else at the library. Anderson-Gram replied that the Town expressed an interest in erecting a welcome sign at the Tiburon entrance.

Rudkin asked if the proposed location of the wheels would pose a safety hazard to children playing in its vicinity. Anderson-Gram replied that the architect working on the proposal has been taking into consideration the safety of the wheels as they relate to children and small pets. Anderson-Gram stated that the wheels would be safer in the proposed location than they are at the current location.

In response to a question by Mary Ciocca, a resident of Point Tiburon, Anderson-Gram stated that the wheels will stand less than three feet in height.

Anderson-Gram clarified for the commission that the use of the term "complementary" in her proposal refers to the museum. Anderson-Gram stated that Town Attorney Ann Danforth will be present when she gives her presentation to the HOA to assist her in clarifying legal terms and wording in the proposal.

Dellie Woodring of Point Tiburon asked if the presentation to the HOA will be made after the Town Council reviews the proposal. Anderson-Gram replied that Town Attorney Danforth’s decided that the HOA should receive the presentation first and that the proposal will not be on the agenda for the March Town Council meeting.

Commissioner Canter commented that she sees the wheels as an art form that displays the industrial history of Tiburon. However, she does not want see them take over the grassy knoll or view of the waterfront. She suggested the possibility placing the wheels in front of the building facing Tiburon Boulevard. Commission McMullen replied that moving the wheels to the front of the building would encourage children to play near the street. McMullen further commented that the wheels are part of the history of that site and they add to the value of the building. Commissioner Zender agreed that the wheels are an art form.

Commissioner Lindqvist commented that being less than three feet in height and placed behind the bike racks, she does not see how the wheels could be made any less visible. She feels that the Donahue Building is the appropriate "final resting place" for the wheels. If, upon reviewing the proposal, the Tiburon Bayside homeowners feel that the wheels do not infringe upon their views of the waterfront, Commissioner Lindqvist would take the position to recommend the proposed relocation.

Vice Chair McMullen commented that the intent of the Donahue Building is to provide an important historical basis for locals and visitors. He further stated that the wheels would not block views of the bay any more than the cars that park adjacent to the building already do.

Director Echols pointed out several photographs that he had taken to give perspective to the height of the wheels.

Woodring suggested hanging one of the wheels on the side of the Donahue Building that faces the Golden Gate Bridge, resting one in the planter on that side of the building, and putting the smaller wheels inside the museum. Anderson-Gram replied that the wall in which Goodwin referred to is not structurally sound enough to support the wheel.

Mary Ciocca commented that the proposed location of the wheels poses a traffic safety risk to both pedestrians and vehicles.

In response to a comment by an audience member, Vice Chair McMullen agreed that the wheels should not be considered a play structure for children. Nonetheless, McMullen recommended that the safety of the wheels should be examined as children are inclined to climb upon or play around any type of structure in a recreational area.

Commissioner Fraser asked Anderson-Gram to provide the POSC with a superimposed 3-dimensional diagram (produced by the architect retained for the project) so that they are able to assess the impact the wheels would have on the view of the waterfront.

Commissioner Fraser stated that the Commission does not have enough information at this point to make a recommendation to the Town Council on this issue. Commissioner Zender added that she would like to receive more input from the community.

Commissioner Fraser asked that the Point Tiburon HOA return to the POSC with their comments on the proposal after they have received the presentation by the Landmark Society. Lindqvist suggested that the president of the Landmark Society be contacted to investigate the feasibility of any recommendations the HOA may provide.

M/S Fraser/Zender (5-0) to defer a recommendation regarding this issue to the Town Council until the Point Tiburon HOA has met with the Landmark Society and the Heritage and Arts Association.

Wayne Snow of 100 Jefferson Drive gave a brief overview of the current parking conditions at the overflow lot at Blackie's Pasture, citing an increase in commercial vehicles, such as large moving vans, using the lot. Wayne expressed that it was not his belief that the original intent of the parking lot was to be used by commercial vehicles, but rather by citizens, and that the commercial vehicles are taking space away from passenger vehicles and are out of character for open space. Snow further noted that many commercial vehicles are parked in the lot for extended periods of time and noted a vehicle belonging to a landscaping company that was left in the lot over the weekend at the companies convenience [when the vehicle could have been removed for the week-end].

Snow further noted that the current signage is vague and hinders the Tiburon Police Department's ability to enforce parking violations. Snow requested that the POSC consider enhancing signage to clearly state that commercial vehicles are not to use the overflow parking lot, with the exception of use by the Town and the Police Department, unless they have received permission from the Town.

Commissioner Canter stated that this matter was discussed on a previous occasion with Police Chief Odetto and it was to her understanding that the signs were going to be changed at some point in time. She inquired if it would be the Town's responsibility to enforce citations, fines, and general enforcement. Director Echols stated that it is the will of the Commission to modify or place further restrictions on the usage of the overflow parking lot and that a recommendation can be forwarded to the Town Council and for Staff, predominately the Police Dept., to prepare a regulation (possibly an ordinance) that would modify the Town Code to make provisions for signage that would be enforceable. Echols informed the Commission that new regulations must be made local law to become enforceable and that it is ultimately the Council's decision to make that change.

Echols mentioned a sign at the entrance to the overflow parking lot prohibiting overnight parking from 10:00 p.m. to 5:00 a.m, stating that is it not obeyed on occasion.

Snow commented that residents of the Reedlands neighborhood dislike the commercial vehicles being within their newly improved views of the bay.

Commissioner Lindqvist recalled that a number of signs were removed from Blackie's Pasture and the adjacent parking lots because there were so many of them. Snow commented that the previous police chief felt that the only way to enforce parking was with proper signage, and that many vehicles using the lot have not received the proper permits from the Town.

Anne Wallace of the Reedlands neighborhood inquired if the police had ever been forced to remove anyone from sleeping in the cab of their truck. Director Echols replied that that question would have to be forwarded to the Police Department, but that their ability to cite is limited by specific codes and law. Echols stated that signs are often installed throughout Town via policy, which lacks the enforcement ability of a municipal code. Echols continued that many codes have penalty provisions, and those provisions are often cited on the sign. Echols distributed photographs of signs currently in the overflow parking lot, stating that the signs do not cite any codes. Without an enforcement code, the police would not be able to issue a citation.

Chair Fraser recommended identifying if there is an ordinance that addresses this issue and assessing whether it provides the necessary enforcement power. If not, Fraser recommends that the POSC ask the Town Council to address the issue of developing an ordinance that would prohibit unpermitted commercial vehicles from using the lot and any overnight parking. Commissioner McMullen stated that the sign prohibits construction equipment (citing Municipal Code Chapter 18) and separately addresses overnight parking without citing a code.

Fraser recommended asking Police Chief Odetto for his input. Echols stated that the POSC can make a recommendation to Town Council to tighten the parking lot's regulations and Council will then direct Staff, particularly the Police Department, to draft an ordinance.

Per Anne Wallace's suggestion, Commissioner McMullen stated that the POSC should not limit the recommendation to the overflow parking lot but rather extend it to encompass the entire parking area.

Wayne Snow commented that the Town's General Plan does not fully express the interests of the residents adjacent to Blackie's Pasture. He provided the Commission with a survey detailing over 150 residents whom either support or do not support changes to Blackie's Pasture. Wayne asked the Commission to assess and aid the Town in revising the General Plan to express the desires of the community. He stated that there are a number of residents in the Reedlands area that were unaware of the any plans for changes in the use of Blackie's Pasture.

Commissioner Zender commented on some of the language in Snow's proposed revisions. Snow commented that the language still needs to be modified, but that he would like to see that regularly scheduled activities be prohibited in Blackie's Pasture, South of Knoll, Richardson Bay Lineal and Belveron Parks. Snow later commented that the use of McKegney Green as a soccer field is not included in this proposal. Snow commented special events and fundraisers should be permitted by the Town only after they have sought out approval and undergone an assessment by the Town.

Director Echols commented that Staff person Kevin Bryant informed him that it would be premature to discuss this item in much detail or craft any policy at this point because the various boards and commissions of the Town will be receiving, in the coming months, white papers on their respective areas of the General Plan that fall under their purview, in this case parks and open space. The POSC will have a significant opportunity to weigh in on that document. One option is to consider the comments of Mr. Snow in the context of that review once it comes forward. Echols continued that another thing to consider is to look specifically at the land use being referred to. It is in Director Echols opinion that the term "open space" is being used too loosely. For example, the there is a great distinction between parks such as the Richardson Bay Lineal Park and open space such as Ridgetop Open Space. Echols commented that there have been various occasions when the Town has revised and adopted a specific plan for Blackie's Pasture, which specifies places for passive use and restrictions on use. This may be another mechanism to update the specific plan for that area.

Commissioner McMullen replied that he appreciated Mr. Snow’s work but had concerns with a petition that strictly addressed affirmative responses. McMullen pointed out that his property is listed as an opponent to change in the use of Blackie’s Pasture but that neither he nor his wife had been made aware of the survey. McMullen continued that he fully supports controlled change in the area and without knowledge of any proposed future changes he is uncertain what position he might take.

Mr. Snow replied that his survey demonstrates a particular sentiment but conceded that it is not a perfect survey.

McMullen stated that could not foresee the Town changing its General Plan to state that no changes should be made to Blackie’s Pasture. Snow replied that he is asking the POSC to consider his suggestions when participating in the General Plan update.

Commissioner Fraser replied that, per Director Echols explanation, the POSC and the community will have an opportunity in the coming months to update the sections of the General Plan that fall under the POSC’s purview and recommended that further discussion of this item be deferred until that time arises. At that time, the POSC will then make appropriate comments and recommendations to the General Plan update.

Pam Bonnie of 24 Southridge West, Tiburon and Derice Tao of 200 Bayshore, Belvedere proposed to establish an ad hoc committee of the POSC in order to study and oversee the renovation and updating of the South Knoll tot lot. Tao gave a brief inventory of the structures that currently exist at the tot lot and stated that many building codes and standards have changed since the existing equipment was installed. The new standards and codes, Tao stated, reflect new information and knowledge based on safety for children. These new standards warrant the renovation of the South of Knoll tot lot as the lot does not currently conform to these standards and could potentially put children at risk. Other communities in Marin have recently been required to renovate their parks and playgrounds to conform to the new safety standards. While undergoing these restorations, many communities seized the opportunity to enhance the playgrounds to make them more aesthetically appealing to the immediate area.

Bonnie and Tao gave a presentation outlining the objectives and goals of the committee.

Objectives:

Goals:

Bonnie and Tao stated that their desire to renovate the tot lot arises from being concerned parents and members of the community.

Tao briefly informed the POSC of the efforts being made by an ad hoc committee to renovate a playground in the town of Belvedere. Tao stated that the committee was exceptionally creative about funding have thus far raised $65,000 of the $250,000 required for the renovations.

Bonnie gave a brief overview of the efforts by the committees in charge of renovating the Corte Madera Playground and the San Anselmo Millennium Park. Both renovations were pursued by groups of concerned parents that wanted to bring the parks' structures up to the new safety codes.

Commissioner Zender asked Bonnie and Toa if they had any recommendations that would make the tot lot and sand area safer now. Bonnie replied that increasing the level of sand to the required twelve inches, sanding and refinishing splintered and worn structures, and decreasing the slide drop would provide safer conditions. Commissioner Zender added that the wood should be treated.

Fraser asked if there is a specific line item in the budget for playground renovations. Director Echols replied that there is a line item for maintenance and minor upgrades and improvements. If the is committee formed, a request can be to the Town Council to earmark funding in the next fiscal year's budget.

Fraser asked what steps the POSC would need to take to appoint an ad hoc committee. Director Echols replied that the POSC could appoint one or two commissioners to form the committee. The committee would be a working group to give status reports to the POSC and the Town Council. Echols replied that if the committee is formed, he will forward a memo to the Town Council to inform them of the appointment.

Director Echols commented that the Town recognizes the importance of upgrading the playground structures.

Fraser suggested forming an ad hoc committee to investigate long-term renovation plans as well as immediate remedies for some of the more severe problems at the tot lot. POSC will forward the subcommittee's recommendations to the Town Council.

There was none.

The meeting was adjourned at 9:10 P.M.

________________________________________

JIM FRASER, CHAIR

Parks & Open Space Commission

ATTEST:

___________________________________

PAT ECHOLS, SECRETARY