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HomeMy WebLinkAboutTC Min 2005-02-02 ri"""- I I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Berger called the regular meeting of the Tiburon Town Council to order at 7:30 p.m on Wednesday, February 2, 2005, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith EX OFFICIO: Director of Administrative Services Bigall, Town Attorney Danforth, Director ofCornrnunity Development Anderson, Director of Public Worksffown Engineer Echols, Chief of Police Odetto Prior to the regular meeting, beginning at 7:00 p.m, the Town Council met in closed session to I discuss the following matters: I~ CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LmGATION (Section 54956( a)) Fenster v. Tawn Council, Planning Commission & Library Agency CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) [Property Dispute regarding Easement over a portion of 160 Gilmartin) Initiation of Litigation - Case name(s) withheld because disclosure would jeopardize existing settlement negotiations CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION (Section 54956(b)(3)(C) Name of Claimant: Kasey Boak, 1895 Mar West " Town Council Minutes # 03-2005 February 2, 2005 Page I /""' ORAL COMMUNICATIONS Mayor Berger thanked the Town Council and Staff for the sympathy cards and flowers sent due to his father's death. ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Berger said that no action was taken on the matters discussed. CONSENT CALENDAR 1. Approval of Town Council Minutes - January 19, 2005 2. Recommendation by Director of Administrative Services - Accept Second Quarter FY 2004-05 Financial Report 3. Recommendation by Advance Planner - Amend Solar Panel Policy to Comply with New State Legislation - Continued from January 19, 2005 /""' Councilmember Fredericks read into the record proposed changes to the January 19,2005 minutes. MOTION: To approve the Consent Calendar as amended. Moved: Smith, Seconded by Fredericks Vote: AYES: Unanimous REGULAR AGENDA 4. Recommendation by Director of Administrative Services - Lyford Cove Utility Undergrounding Assessment District Bond Issuance a) A Resolution of the Town Council of the Town ofTiburon Authorizing Issuance of Limited Obligation Improvement Bonds Director of Administrative Services Bigall reported that adoption of the proposed Resolution would authorize the issuance of Bonds for the purpose of constructing underground improvements in the Lyford Cove Utility Underground District. Mayor Berger asked for comments from the public; there were none. -- Town Council Minutes # 03-2005 February 2, 2005 Page 2 ~ MOTION: To adopt the Resolution Authorizing Issuance of Limited Obligation Improvement Bonds Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous PUBLIC HEARING 5. Recommendation by Fountain Plaza Committee - Selection of Artist Finalist for Construction of Fountain in Downtown Mayor Berger thanked all the members of the committee who worked on this project and to members ofthe community who took the time to comment on the proposed artwork. He noted the responses pointed to finding a location and funding for all three pieces, but the favored piece was "Corning Around". Councilmember Gram noted that in June 2004, the Council decided to take on the selection process of the downtown fountain after a previous attempt had failed to raise the necessary funds. ~ Gram said that he and Mayor Berger worked on the subcommittee consisting of Jim and Jean Dietz, Donna Klein, Katherine and Angelo Servino, Alex McIntyre, Georgia Kirchrneier, Mogens and Mary Catherine Bach, Laleh Zelinsky and Steve Sears. He then introduced Donna Klein of the Heritage and Arts Commission who was responsible for the comment box. Ms. Klein reported there were 166 responses in the box and there was a clear majority who favored Coming About. She noted all the comments were very positive for all three artists. Council questioned the artist, Jeffrey Reed, to see if there was any warranty he could provide to the moving parts of the artwork. He responded that he was willing to offer a 5-year warranty for the mechanism that allows the movement of the artwork. He then hriefIy discussed the lighting for the piece and said that"he had a lighting consultant who could determine iffiber optic lighting was a possibility. Mayor Berger opened the public hearing. Former Mayor and committee member Mogens Bach noted that the committee was hoping that the opinion cards would make the decision easy, and noted that the "Sharks" fountain was a close second. There being no further public comment, Mayor Berger closed the public hearing. ~ MOTION: To select the "Coming About" entry as the finalist for the downtown fountain plaza. Moved: Gram, Seconded by Slavitz Vote: AYES: Unanimous Town Council Minutes # 03-2005 February 2, 2005 Page 3 ~ 6. Recommendation by Town Manager - Amendment to Town Code Pertaining to Taxicabs Introduction and First Reading of Ordinance a) An Ordinance of the Town Council of the Town ofTiburon Repealing Chapter II of Title III of the Tiburon Municipal Code and Adopting a New Chapter II Regulating Taxicab Operation Town Attorney Danforth reported that California Government Code requires the Town to adopt an ordinance regulating taxicab operations in the Town. She noted the ordinance before the Council proposed that the Marin County Street Light JP A Taxi Cab Regulation Program be the agency responsible for the Town's taxi cab regulations, Mayor Berger opened the public hearing. There was no public connnent. Mayor Berger closed the public hearing. -- MOTION: To read the ordinance by Title Only Moved: Fredericks, Seconded by Smith Vote: AYES: Unanimous Mayor Berger read, "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBUORN REPLEALINGBV THE EXISTING CHAPTER 11 OF TITLE III OF THE TOWN CODE AND ADDING A NEW CHAPTER II OF TITLE III REGULATING TAXICAB OEPRATIONS." MOTION: To pass first reading of above ordinance. Moved: Slavitz, Seconded by Smith Vote: AYES: Slavitz, Gram, Smith, Fredericks, Berger NOES: None WRITTEN COMMUNICATIONS Town Council Weekly Digest - January 21,2005 Town Council Weekly Digest - January 28,2005 -- Town Council Minutes # 03-2005 February 2, 2005 Page 4 r" ~ ~ , ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Berger adjourned the regular meeting at 8:18 p.m, to the next regular meeting scheduled for February 16,2005. :) /'; /J ATTEST...,.W'/. ,,/ I ~ ' . / j ,,'~'ie~tr' DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 03-2005 m \!fA ~1"-'3~ MILES BERGER, YO~ \ February 2, 2005 Page 5