HomeMy WebLinkAboutTC Min 2006-08-02
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Smith called the regular meeting of the Tiburon Town Council to order at 7:30 p,m,
on Wednesday, August 2, 2006, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California,
ROLLCALL
PRESENT: COUNCILMEMBERS:
Berger, Fredericks, Smith
ABSENT: COUNCILMEMBERS:
Gram, Slavitz
PRESENT: EX OFFICIO:
Interim Town Manager Bigall, Town Attorney
Danforth, Director of Community Development
Anderson, Director of Public Works/Town Engineer
Nguyen, Chief of Police Odetto, Interim Director of
Administrative Services Stott, Town Clerk Crane
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Prior to the regular meeting, beginning at 6:30 p,m" the Council met in closed session to discuss
the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Section 54946,9(a))
Sylvia v, Town ofTiburon
Town ofTiburon v, Sylvia
Town ofTiburon v. Siciliano
Bonander et al. v, Tiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Mayor Smith said that no action was taken on the matters discussed in closed session,
ORAL COMMUNICATIONS
None,
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Town Council Minutes # 17-2006
August 2, 2006
Page 1
CONSENT CALENDAR
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L Approval of Town Council Minutes - July 19, 2006
2, Approval of Town Council Minutes - July 26, 2006
3, Recommendation by Interim Director of Administrative Services - Accept Monthly
Investment Summary for June 2006
4, Recommendation by Interim Town Manager - Budget Amendment for Supplemental
Richardson Bay Regional Agency JP A Dues
Councilmember Fredericks asked for a discussion ofItem No, 4,
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item Nos, 1-3, above,
Berger, seconded by Fredericks
AYES: Unanimous
ABSENT: Gram, Slavitz
4, Recommendation by Interim Town Manager - Budget Amendment for Supplemental
Richardson Bay Regional Agency JP A Dues
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Councilmember Fredericks asked for more information about the scope of activities related to the
increase in dues,
Mayor Smith said that there were two separate components, The first component related to the
issue of boats that break free during the winter storms and wash ashore; he said that residents of
Belvedere were particularly concerned about this and that there had been an incident where a
vessel had washed ashore and become lodged under a home on West Shore road, which was also
leaking fueL
Mayor Smith said that idea was to find a mechanism that would alert the agency of a break-away
and allow for interception before it hit the shore, He said that the JP A contracted with a salvage
boat for after-the-fact clean-up but that this was a different request for funding, He said that
there had been discussions of whether or not Belvedere should pay for this program, but that in
the short-term, the agency had agreed to fund a "rapid response" program on a one-time basis
during the upcoming winter season and then to decide how to allocate costs on a long-term basis,
According to Mayor Smith, the larger picture under consideration by the JP A is the idea of
creating a mooring field in Richardson Bay, He said that while there were many benefits
associated with the idea of a mooring field, the costs would most likely be substantiaL He said
that he would bring more information to the Council on this subject at a future meeting,
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Town Council Minutes # 17-2006
August 2, 2006
Page 2
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In summary, the response to Councilmember Frederick's question was that the budget
amendment, allocated among all the member agencies of the JP A, was for a one-time expense,
and that Tiburon's share was $2,163,
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MOTION:
Moved:
Vote:
To adopt Consent Calendar Item No 4, above.
Fredericks, seconded by Berger
AYES: Unanimous
ABSENT: Gram, Slavitz
PUBLIC HEARING
5, Report by Interim Town Manager - Request for Final Approval for Placement of
Statue of Sam Chapman in Ferry Plaza
Proponent Jay MacMahon gave some background and a summary of the project, which he said
was started three years ago by [retired Tiburon Fire Chief] Frank Bushcher. Mr. MacMahon
reviewed Sam's athletic history and noted that his children were in the audience tonight
Mr, MacMahon said that in March 2005, the Heritage & Arts Commission had approved the
concept of the creation and placement of a statue of Sam Chapman in the Ferry Plaza area, and
that in January of 2006, the Council had also approved it subject to further inquiry and
investigation, MacMahon said that the Town wanted agreements regarding maintenance and
indemnity, as well as an encroachment permit
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Mr, MacMahon said that attorney Hadden Roth was working with Town Attorney Danforth to
craft an indemnity agreement that would be subject to fmal approval by the CounciL
Mr, MacMahon showed the Council a new version of the model statute sitting on a bench in the
proposed location, The bench in the ferry plaza closest to Main Street and facing Pt, Tiburon, the
site of the old ballfield where Sam had played, was the best location, according to MacMahon,
McMahon said that the previous artist selected for the project had withdrawn and that Daniel
Oberti had agreed to take it on, Mr. Oberti briefly described some recent projects and credentials,
He also described his vision for the creation of the statute and stated his enthusiasm for the
project
In response a question from the Mayor about the process of creating the sculpture, Mr, Oberti
described of using a plaster cast of a model's body (his son-in-law), and that he would
collaborate with another artist (Heidi Hornberger) on the facial expression, He said that the
statute would be sculpted in plasticene clay and cast in bronze at a foundry in SebastopoL
In response to a question from Council, Mr, MacMahon said that the artist's estimate of$40,000
was a "base figure" which would most likely go up,
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Town Council Minutes # 17-2006
August 2, 2006
Page 3
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Chris Morrison said that the Tiburon Peninsula Foundation had pledged to "take over" the
stewardship of the project and provide maintenance in perpetuity,
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Councilmember Fredericks asked whether the $2,000 described in the TPF minutes (handed out
by Mr, Morrison) was the total amount pledged for maintenance, She said that while it was a
generous offer, she questioned whether it was, in fact, a pledge for maintenance in perpetuity,
Mr, Morrison said that while he would personally keep the statute clean during his lifetime, the
Foundation's pledge was for $2,000, rather than in perpetuity,
Mayor Smith opened the public hearing.
Mayor Smith commented that in addition to Sam's athletic achievements, Mr, Chapman had
family roots in Tiburon which also warranted consideration of the statue in his honor,
Mark Chapman, Sam's youngest son, and his daughter Kathy, both expressed their appreciation
on behalf of the family,
Phil Cassou, Landmark's Society President, said that his organization also wanted to lend its
support, He noted how few memorials there were in town to honor local citizens ('Just a horse"),
and said that there was now an opportunity to honor a "native son," He applauded the efforts,
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Mayor Smith closed the public hearing.
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Councilmember Fredericks said that while it was clear that Sam was deeply loved and had
excellent bona fides, she was concerned about the lack of a memorial policy which could lead to
the shoreline becoming a "memorial park." She spoke in favor of creating such a policy,
Ms, Fredericks said that she viewed the statute as a piece of artwork, and that in its current form,
it did not meet the aesthetic standard of the nearby fountain, She said that there were better
locations for such a statute, and in the absence of a ball field, Zelinsky Park, McKegney Green,
or South Knoll Park would be preferable to the proposed location, She also said that the Town's
history was one of the rail road, and that a plaque with lengthy text was called for in order to
explain who the person being honored [Sam Chapman] was,
Councilmember Berger said that he was sympathetic to some of Councilmember Frederick's
concerns, however, he said that the benefits of the statute outweighed these concerns, He said
that it would keep the historic idea of the town alive, and that there was in fact a ball field in that
location at one time where the "Tiburon Timeclocks" played; and that this was the time when the
town was "rough and tumble."
Mr, Berger also said how happy he was to have Mr, Oberti, one of the artist finalists on the
fountain project, "back on the team,"
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Town Council Minutes # 17-2006
August 2, 2006
Page 4
Mayor Smith said that two years ago, he had received a letter "out of the blue" from Frank
Buscher with the concept for the Sam Chapman statute in downtown, He said the idea was now
supported by the Heritage & Arts Commission, Landmarks Society, and Tiburon Peninsula
Foundation and that he had heard no objection from the public,
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Mayor Smith said that he could not think of a better person to honor, with his family ties to
Tiburon. Smith said that baseball was the "quintessential American sport," and that Sam's
athletic career and his service to his country would continue to set an example for current and
future generations,
Mayor Smith noted that the Zelinksy family was also placing a plaque on the fountain across the
street He said he thought that the proposed location was appropriate, as it was secure and well
lit Nevertheless, Mayor Smith said that the statute and bench should be affixed in a "permanent
way" to avoid vandalism,
MOTION:
Moved:
Vote:
To support the placement of the Sam Chapman statute in the proposed location
pending finalization of the indemnity agreement and encroachment permit
Smith, seconded by Berger
AYES: Berger, Smith
NOES: Fredericks
ABSENT: Gram, Slavitz
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6, Recommendation by Planning Manager- Tiburon Highlands Precise Development
Plan Request to Amend a Building Envelope
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Applicants:
Address:
Assessor Parcel No,
Andrew & Robin Bloch
18 Upper Cecilia Way
034-360-23
a) A Resolution of the Town Council of the Town ofTiburon
Approving an Amendment to the Tiburon Highlands Precise
Development Plan (pD #15) for Property located at
18 Upper Cecilia Way-AP No, 034-360-23
Council waived the staff report, noting that the Planning Commission had voted 5-0 in support of
the amendment and that the bUilding envelope was well back from the rear yard setback.
Mayor Smith opened and closed the public hearing. There was no public comment
MOTION:
Moved:
Vote:
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To adopt resolution, as presented,
Berger, seconded by Fredericks
AYES: Unanimous
ABSENT: Gram, Slavitz
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Town Council Minutes # 17-2006
Page 5
August 2, 2006
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COUNCIL AND COMMITTEE REPORTS
Councilmember Fredericks said that she and Councilmember Berger served on the Town's
Public Works Committee; she asked for consideration at a future meeting of replacement street
lights for the downtown area, She said that the problem with the altematives that had been
presented by staff was that the light standards were not strong enough to support them; she said
that the replacements should be "non-scatter" lights that were aesthetically pleasing,
Councilmember Berger agreed and added that they should be "unobtrusive, simple, and modern
down lights,"
WRITTEN COMMUNICATIONS
. Town Council Weekly Digest - July 21,2006
. Town Council Weekly Digest - July 28,2006
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Smith
adjourned the meeting at 8:40 p,m" in honor of San Francisco Police Officer Nick Berko, who
died in the line of duty,
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PAULS
,MAYOR
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D CRANE OPI, TOWN CLERK
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Town Council Minutes # /7-2006
August 2, 2006
Page 6