MINUTES NO. 168
PARKS & OPEN SPACE COMMISSION
June 8, 1999
Regular Meeting
Town Council Chambers
1505 Tiburon Boulevard, Tiburon, California

CALL TO ORDER

Chair Sullivan called the regular meeting of the Parks & Open Space Commission to order at 7:33 P.M., Tuesday, June 8, 1999, in the Town Council Chambers, 1505 Tiburon Boulevard., Tiburon, California.

A. ROLL CALL

PRESENT:   COMMISSIONERS:   Sullivan, Eth, Fredericks, Allen, and Burgin. Zender at 8pm.

ABSENT:   COMMISSIONERS:   Canter.

EX-OFFICIO:   Planning Director Anderson.

B. PUBLIC QUESTIONS AND COMMENTS

There were none.

C. STAFF AND COMMISSION BRIEFING

There were none.

D. CONSENT CALENDAR

1. Minutes of April 13, 1999 (No. 167) Approved as amended (5-0) Eth/Burgin.

Patricia Morgan, 2 Palmer Court, proposed a leash law change. She was formerly the President of the Humane Society in Palo Alto, and served on the Animal Advisory Commission of Santa Clara County. She stated that dogs are now part of the family and she was concerned about their health, as they need to be able to romp off the leash. She was proposing that off-leash dogs be allowed from 6:00 to 9:00 a.m. at the South of the Knoll Park in the open area. This is similar to the Belvedere Park, but would not be fenced. Past concerns about this location and dogs chasing birds could be alleviated with signs posted near the area. She did not expect a large influx of people to utilize this. She explained for Commissioner Eth that the Belvedere Park was across Tiburon Boulevard from the Tiburon Police Station. Eth wondered whether another such park was needed. Ms. Morgan thought there was a need for people near this area to be able to walk themselves and their dogs.

Commissioner Fredericks wondered whether the applicants had considered other locations. Ms. Morgan said they had not, as this was the convenient area, and they do not want it fenced or used as an off-leash area throughout the day. Mr. Anderson commented that the Town does have an inventory of open space on the peninsula, but the inventory was not prepared with this purpose in mind.

Chair Sullivan stated that dogs are already off the leash at South of the Knoll and wondered why this amendment was needed. Ms. Morgan stated that they were concerned about being stopped by the animal control, and felt it should be legalized so they are not breaking the county enforced law.

Discussion was opened to the public at 7:50 p.m.

Nancy Burg, 4126 Paradise Drive, explained why the South of the Knoll Park was proposed. The area by Blackie’s Statue is too close to Tiburon Boulevard. The proposed area is right where the people currently walk their dogs. It is not maintained and is away from traffic and houses. They did not want it fenced, as the hills delineate the area, and they were trying to hold down the costs involved. Also they did not want the visual impact of a fence.

Ralph Malonek, 640 Tiburon Boulevard, stated that he was a 28 year resident. This idea was tried before and it failed. There are many homes nearby. He stated that people and dogs awakened him too early in the morning. Calling, noise, and dogs barking can be heard loudly, as the sound echoes off the water. The problem is when the dogs are let off the leash. He thought that the leash law did not have enough teeth, and estimated one in six dog walkers don’t use leashes. This proposal would make the law even more difficult to enforce. Living enjoyment will be affected for Pine Terrace, Mc Cart Court, and the 600 block of Tiburon Boulevard.

John Sanford, 60 Pine Terrace, is in favor of the proposed dog area. He lives right next to the area and does not hear the noise. He spoke to several other Pine Terrace residents, and they are in favor of the proposal also. He believed the Humane Society and police have harassed people about their dogs. He would prefer it if the police ticketed rude bicyclists that speed. He suggested the hours be from 7:00 to 9:00 a.m. He did not feel that a fence was needed, and thought this was the most convenient location. He mentioned that he had installed a garbage can for people on the path to use.

(Zender arrived at 8:00 p.m.)

Mary Jane Wentz, 638 Tiburon Boulevard, explained that the sound is louder upslope than at Pine Terrace near the path. She has lived in both places. Her dogs get attacked or bothered by other dogs when other dogs are off the leash, and her kids are also bothered. The off-leash dogs cause accidents with the bicycles on the path and it is not fair to her dogs, which are on the leash. She was opposed to off-leash dogs. People often do not pick up after their dogs. The dog park would cause parking problems on Pine Terrace and surrounding areas. She was also concerned about the proximity to the playground.

Commissioner Zender asked if Ms. Wentz would allow her dog to use an off-leash area. Ms. Wentz would not use the area. Commissioner Zender asked about the distance between the path and the area where dogs would be. Ms. Wentz thought it was about 200 feet. She stated that noise problems were also a concern.

Jane Spilskus, 12 Juno Road, used the path quite often at one time. It became too unpleasant because people were so rude and nasty. She was in favor of the proposal. She would like leash laws changed to allow dogs to be under voice control.

Scott Wentz, 638 Tiburon Boulevard, said people have a responsibility when they walk dogs in populated areas. People have come to his house to call 911 because of dogs causing accidents. He opposed the proposal. Dogs are not under control when they are off the leash.

Commissioner Zender asked if 6:00-9:00 a.m. would be a problem for him. He responded that he uses it early every day before 8:00 a.m. to catch the ferry.

Mr. Malonek stated that the bike path was used heaviest in the early morning.

Joy Pitt, 95 Harriet, talked about the signs available to help people. She said there were many available that could be put up as warnings about the birds. She said no children use the playground before 9:00 a.m. She thought a survey could be done to see when people are there. Most people want a place where they can run their dogs without looking over their shoulder.

Jane Spilskus said there was a lot of peer pressure among dog owners who use the dog areas to conform and follow the rules. Mr. Malonek did not agree.

Judy Sanford, 60 Pine Terrace, walks her dog every day between 6:30 and 7:00 a.m. There are never any kids in the playground, just the regular dog walkers, and only one or two people around. She has observed this over a ten-year period of walking her dog every day. She has never seen any problem with dogs chasing birds.

Patricia Morgan stated that dogs in the park have never harassed her. Her experience is that the bikers and walkers make most of the noise, not the dog people.

Marcelle Scheel, 29 Sonora Court, says the dog walkers are not the noisemakers. She mentioned Santa Cruz as a place that has a dog path area. She thought the off-leash time should go until 10:00 a.m.

Nancy Burg said that, if needed, a compromise could be to use the gravel path and the un-maintained area only, not the irrigated area. They want to be out of the way.

Chair Sullivan asked if 7:00-10:00 a.m. would work. Ms. Burke said it would. Chair Sullivan asked her to draw a line separating the irrigated section from the non-irrigated.

Mr. Malonek does not oppose a dog park in Blackie’s Pasture, or he suggested the triangle area just south of the bridge.

Commissioner Zender wanted to know if they had considered alternative sites. Ms. Burke said there is too much construction near Blackie’s Pasture. Commissioner Fredericks indicated that it is closer to parking. Chair Sullivan warned about alienating the community by turning Blackie’s Pasture into an off-leash dog area.

Judy Sanford said the Pasture is too far away for those on Pine Terrace; they would have to drive to walk their dogs, and that would not allow the owners to walk.

Discussion was closed to the Public at 8:45 p.m.

Commissioner Eth stated that these applicants seem responsible, but his experience is that many dog owners are rude and not responsible. This is the best place for a dog park, and that is the problem. It is too nice and too well-used an area, and a dog park will adversely affect it. These are incompatible uses. Blackie’s Pasture may be better, and there already is another place at the Belvedere Park.

Commissioner Burgin agreed with Commissioner Eth. The applicants have a good purpose, but this is the wrong area. Dog parks should be fenced. Dogs can be startled easily. Any dog area must be separated and not have incompatible uses, with kids, joggers, and bikes creating safety issues.

Commissioner Fredericks said the Sausalito dog run is fenced, and Mill Valley’s is immense. She thought safety issues were a concern and that a dog park must be fenced. She thought this was a good idea, but the proposed area was not appropriate.

Commissioner Zender said she did not support the concept of a fenced doggie park or doggie run as found in other cities. She did support limited time for non-leash. The area is far enough away from the bike trail and in an isolated location. She supported limited use of the South of the Knoll area as an off-leash dog area.

Commissioner Allen was concerned about conflicts of use, and it seemed incompatible to have dogs off-leash.

Chair Sullivan stated that he had not studied the Mill Valley Dog Park. This group of applicants is conscientious, but many people are not. He uses the Lyford Open Space and it gets abused. Dog droppings are everywhere. The area in question is a beautiful but underused spot. The use would need to be controlled (fenced). The Pasture area could be more easily defined. He did not see bird chasing as a problem. Dogs tend to stay on the grassy part, not the rough area. He wanted to look into the issue further, and suggested a possible sub-committee.

Commissioner Eth stated that Blackie’s Pasture is a holy area in the eyes of many residents. Any proposal there would be controversial. Commissioner Fredericks thought Blackie’s Pasture provided a chance for separation.

Ms. Burke stated that the applicants do not want a dog park. There would be no fences and the times are before the children are at the playground.

A suggestion was made to use the area as an off-leash area on a trial basis to see if anyone notices.

Commissioner Zender wanted a subcommittee to study the issue and others agreed that more study is needed. The Commission formed an ad-hoc Subcommittee of Commissioners Zender, Fredericks, and Sullivan.

The Committee was to visit other dog parks and the proposed site on its own, and return with findings and recommendations at a future meeting.

The Commission continued the item to a date uncertain, to be re-noticed.

3.    Shoreline Park Lights---Review Prototypes

About ten of the new lights had been installed and the Commission had been asked to view and give their assessment before the installation is completed. The consensus was that the Commissioners liked the new lights, and thought they were better than the old ones. These are less likely to be vandalized or damaged. Public Works had indicated that the lights are shielded at the rear. Mr. Anderson would verify this.

4.    Belveron Mini-Park Landscaping---Update

The plans for this landscaping had been approved and funded in November, 1997. Last month Public Works installed the irrigation system, and in the fall will add turf and more small shrubs. They also will maintain the park. Chair Sullivan commented that it was a nice park, and unfortunately little used. He also noted that DRB Member Wayne Snow also helps with the upkeep and planting of shrubs.

5.    Portable Bathroom at South of the Knoll Playground---Update

Chair Sullivan stated that his impression was that the Commission thought the portable was little used, and was surprised that the Town Council vetoed its removal. Mr. Anderson said that he had received an estimate from the Public Works Superintendent that it was heavily used. The records show that it is pumped every five days.

Chair Sullivan added that the new permanent restrooms had already been vandalized.

Following are the new ad-hoc subcommittee assignments:

Tiburon Ridge Trail: Sullivan & Zender
Dog Leash Law: Sullivan, Zender, Fredericks
Belveron Mini-Park: Zender & Canter
Coastal Clean-up: Sullivan & Burgin
Multi-Use Path: Eth & Allen
Multi-Use Path Survey: Fredericks & Burgin
Marsh Floodplain Landscaping: Sullivan & Zender
South of the Knoll Trees Eliminate
Permanent Restrooms Eliminate

Chair Sullivan reported that they had not received help from the high school students as anticipated. If there are other suggestions, let him know.

Commissioner Fredericks stated that she had asked her HOA, but had not received any volunteers. She reported that she had counted 139 people from 9:30 to 10:00 a.m. at San Rafael Avenue, including 41 bicycles.

Mr. Anderson reported that this has been an ongoing program for the last few years. He provided the list of the locations where signs had been posted to date and indicated it was time for phase 2. Last year signs had been posted at locations 16-20, and this year the rest of the short list will be complete. Then it will be time to identify new locations. Public Works puts the signs up as they have time. Someone from Public Works and the Council decide where the markers should be. He clarified that the steps at 100 Via Los Altos are the legal access to the trail, not the driveway.

Chair Sullivan thought they should ask Joint Recreation if they wanted to take over management of the horseshoe pits. Commissioners Eth and Zender thought they should be removed. Chair Sullivan thought it could also be used for bocce ball. The consensus was to maintain the area or remove it. Mr. Anderson would send a letter to the Joint Recreation.

Mr. Anderson stated that the Town Council was seeking input from the Commission before this item appears on their agenda July 7, 1999. This plan creates a 400-mile ring around the San Francisco Bay Area, of which half is in place already. Tiburon plays a prominent role with its multi-use path. There have been maps of this plan for 13 years now, and many bike groups use these maps. The Commission needs to make a decision as to whether they want the Town to participate in this Plan.

Chair Sullivan thought that it would be a severe negative for the Town not to participate.

Mr. Anderson clarified that funding could not be received just for participation, but having a bike plan in effect would qualify the Town for State funds for the multi-use path. This Bay Trail Plan creates no burden for the Town. It is just a symbolic gesture to send the resolution in support of the plan. This plan uses the streets only and does not go on the Ridge Trail.

M/S Sullivan/Zender (6-0) to recommend to the Town Council endorsement of the ABAG Bay Trail Plan.

Chair Sullivan stated that he wanted to have a Public Works Appreciation Month like they do in Belvedere. Public Works does a lot of work for the Commission and the Town. These six people maintain our whole community. He wanted to recommend to the Town Council that they create this month in recognition of Public Works service.

M/S Fredericks/Zender (6-0) that Chair Sullivan would send a letter to the Town Council suggesting they create a Public Works Appreciation Month.

Shoreline Cleanup Recap (Chair Sullivan)

Chair Sullivan reported that there were 54 volunteers, which were fewer than previous years as there had been no publicity this time. In spite of that, the beach is in the best shape it ever has been, as the people from The Earth Wise did a very good job.

Commissioner Burgin commented that the organization of the project could still be better, and noted that it was hard to get others to volunteer. It was good not to have to do the paperwork that they did last year.

It was noted that it was hard to control the liability on this project. Perhaps there should be a minimum age level set. Chair Sullivan was commended for doing a great job.

Mr. Anderson will notify Public Works that the Public Beach access sign was missing.

Commissioner Eth commented that there are cages at Del Mar School and at Strawberry. Staff will send a letter to Curtis Elijah with this information.

H. ADJOURNMENT

There being no further business of the Parks & Open Space Commission, the meeting was adjourned at 10:25 P.M.

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BRIAN SULLIVAN, CHAIR
Parks & Open Space Commission

ATTEST:

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SCOTT ANDERSON, SECRETARY
P990608M.