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HomeMy WebLinkAboutTC Min 2006-08-02 '-_.J r---- 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 lacopi ,,--... 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, ~ Town Council Minutes # 17-2006 August 2, 2006 Page 1 CONSENT CALENDAR ~ 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 r-' 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, ~ Town Council Minutes # 17-2006 August 2, 2006 Page 2 ~ 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, --., 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 --., ~ 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, C7"'"" .......... Town Council Minutes # 17-2006 August 2, 2006 Page 3 ,--.. Chris Morrison said that the Tiburon Peninsula Foundation had pledged to "take over" the stewardship of the project and provide maintenance in perpetuity, """ 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, Ir Mayor Smith closed the public hearing. -.. 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," r- """ 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, ""' ,-., 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 ""' 6, Recommendation by Planning Manager- Tiburon Highlands Precise Development Plan Request to Amend a Building Envelope ,-., 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: ~ To adopt resolution, as presented, Berger, seconded by Fredericks AYES: Unanimous ABSENT: Gram, Slavitz ---.. Town Council Minutes # 17-2006 Page 5 August 2, 2006 r-, --.. 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, ""'" r' PAULS ,MAYOR A~~ D CRANE OPI, TOWN CLERK ~ ~ Town Council Minutes # /7-2006 August 2, 2006 Page 6