Loading...
HomeMy WebLinkAboutTC Min 2002-07-17 / /'"' TOWN COUNCIL MINUTES CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Initiation of Litigation (1 Case) The Council met in closed session, beginning at 7:00 p.m. CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, July 17,2002, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Thompson ,,-... PRESENT: EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Planning Director Anderson, Director of Public Works/Town Engineer Echols, Chief of Police Odetto, Director of Administrative Services McVeigh, Administrative & Financial Analyst Stott, IT Coordinator Monterichard, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Gram said that potential litigation was discussed but no action was taken. ORAL COMMUNICATIONS Nine residents spoke against locating a MERA antenna at the MMWD Sugarloaf site, and/or wanted their questions answered prior to special Town Council meeting scheduled for July 31, 2002. The speakers were: /'"' I. Brian Lantier, 141 Sugarloaf 2. Ron Richards, 5 Heathcliff Town Council Minutes #16-2002 July 17. 2002 Page I -' ~ 3. Ann Gordon, 131 Sugarloaf 4. Allan Lefkov, 131 Sugarloaf 5. Ed Messerly, 6 Place Moulin 6. Bob Dougherty, 108 Sugarloaf 7. Kathy Dougherty, 108 Sugarloaf 8. Lynn Fox, 128 Sugarloaf 9. George Landau, 82 Sugarloaf Mayor Gram said that the Council had not made any decisions about the site and wanted to review all of the information to be presented at the July 31 meeting. He said that this information would be available to the public, as well, prior to that meeting. Mayor Gram asked the audience to participate with the Town Council in finding solutions to the problem, i.e. consideration of alternate sites (to Sugarloaf), and reviewing all the information pertaining to the Sugarloaf site. PRESENTATION . Jt. Recreation Committee Annual Report - Director Barbara Creamer Ms. Creamer gave a power point presentation with an overview of the Committee's mission ,,-... statement, programs and services provided to the Belvedere and Tiburon communities. Vice Mayor Slavitz said that as the father of school-age children he was very happy with the "after school" programs provided by the Committee. Mayor Gram said that the success of the Committee (formed through a Joint Powers Agreement which he drafted in 1975) was due in large part to the dedication of Ms. Creamer and her staff over the past 13 years. CONSENT CALENDAR 1. Approval of Town Council Minutes - July 3, 2002 Council made changes to pages 2 and 9 of the above minutes. 2. Recommendation by Director of Community Development - Authorize Town Manager to Execute MarinMap Member's Agreement for Use ofESRl Products r-- 3. Recommendation by Director of Community Development - Approve Future Annexation Agreements a) 9 Teaberry Lane b) 13 Teaberry Lane c) 14 Teaberry Lane Town Council Minutes #16-2002 July 17, 2002 Page 2 /""" d) 21 Teaberry Lane e) 3312 Paradise Drive 4. Recommendation by Building Official- Policy Regarding Penalties for Building Code Violations a) A Resolution of the Town Council of the Town of Tiburon Granting the Building Official Discretion to Reduce Penalties for Building Code Violations 5. Recommendation by Director of Community Development - Roundhill Oaks Subdivision - Accept Completion of Improvements 6. Recommendation by Town Clerk - Acceptance of Certificate of Sufficient Petition Signatures - Tiburon Prime Open Space Ballot Initiative MOTION: Moved: Vote: To adopt Consent Calendar Items 1 through 6, as amended. Slavitz, seconded by Thompson A YES: Unanimous ABSTAIN: Berger (from July 3, 2002 minutes) /'"' REGULAR AGENDA 7. Recommendation by Heritage & Arts Commission - Downtown Plaza Art Project Selection & Authorization of Contract Commissioner Andrea Morgan reported on the process of selection, beginning with the Council's direction to the Heritage & Arts Commission, through the formation of a Steering Committee (in conjunction with the Tiburon Peninsula Foundation) and Selection Panel. Ms. Morgan then introduced consultant Lynn Baer who said a few words about Mr. Deutsch and his willingness to work with the Town to address issues of lighting and safety surrounding the area where his piece, "Hulls," would be located downtown. Mayor Gram opened the public hearing. The following people spoke concerning the selection of "Hulls:" 1. David Ring, 49 year resident, said the piece should reflect the pride and place of Tiburon. He said the job of the Council was to preserve and enhance the beauty of the Town and that the piece did not fulfill that purpose. He also said that there was "always supposed to be a fountain in that location." ,....., Town Council Minutes #16-2002 July 17, 2002 Page 3 J /""' 2. Mogens Bach, 4 Janet Way, former Mayor, speaking on behalf of he and his wife and the Sears family, said that "Hulls" was "not the right project" for that location and noted that while he served on the Council, the direction given to the committee was for a) a water element; b) an historic reference; and c) seating to be incorporated into the selected piece. Bach said that no one envisioned a "grandiose fountain," but that a water element was important. He quoted from the March 7, 2001 Town Council minutes wherein Mayor Gram made a reference to "the new fountain" in that location (within the context of a discussion of the ferry plaza project). He also pointed out that on December 5, 2001, the Town Council fronted $20,000 towards the "downtown fountain project," and noted that Ms. Baer had said although the piece might not end up as a fountain, it would "involve some type of water element." Bach said it was the Council's intention all along to have a fountain or water element in that location, which had been referred to as the "downtown fountain plaza." Bach concluded that somehow the project had gotten "de-railed" from the original intent. 3. Hilda Davis, 515 San Rafael Avenue, said that "Hulls" was a "gorgeous piece of work" and that a fountain "effect" could be obtained through the use of light in that location. She said that obtaining one of Richard Deutsch's works would "do us proud" and that a piece of artwork did not have to be "spectacular" in order to draw attention. After all, Ms. Davis concluded, that is what Belvedere and Tiburon was "all about." ,,-... 4. Terry Hennessy, 7 Marsh Road, former Mayor and Town Councilmember from 1995- 2QO I, said that her recollection was that the intent of the Council all along had been to have a fountain, not a piece of art or sculpture, in that location. She expressed concern about the use of "Hulls" by skateboarders who she said it would be impossible to keep off the sculpture. Ms. Hennessy said that it was "the wrong sculpture in the wrong place," and that "all we wanted was a little fountain." She also concluded that the "process got carried away," and suggested that another location be found for this piece of art. 5. Sue Morris, 55 Rowley Circle, 34-year resident, said she disagreed with the opponents of the piece. Ms. Morris said that the process had been public and that this was an opportunity to have something "elegant and simple" that "made a statement about Tiburon." She said that she agreed with Ms. Davis that the piece "represented" water and that the effect would be picked up by the "sparkle of water [from the Bay] off the surface" of the piece. She said to turn down "Hulls" would be missing an opportunity of a lifetime. 6. Glenn Isaacson, 2 I Peninsula Road, Belvedere, said he supported the judgment of the arts committee and that it was a "well considered" recommendation. 7. Donna Kline, 672 Hilary Drive, Heritage & Arts Commissioner and member of the Selection Committee, said that "we've gone through the process" and urged the Council to honor it. r"' Town Council Minutes #16-2002 July 17, 2002 Page 4 ,/ ".-. 8. Tony Hooker, 55 Spring Lane, 30-year resident, said that the Town should "congratulate itself' for the process it had gone through, and that the purpose of such a comprehensive process was to learn something. He said that some committees fall apart in the middle of the process but he said that the committee had completed its work with "an elegant proposal" for a "high caliber" art project by a nationally recognized sculptor for which the Town could be proud. He also said that he knew offormer Mayor Matthews' support of the piece. 9. Jim Mitchell, 3 Lagoon Road, Tiburon Peninsula Foundation and Steering Committee member, said that the Council had had a representative on the Steering Committee from the start. Mr. Mitchell said he had reported regularly to the TPF and that he assumed that the Town Council would receive similar reports from their representative. He pointed out that "at any time" the Council could have told the committee to stop and reconsider the process if water was really a desirable element. He also said that the Committee had decided "not to be hostage to the skateboard" issue and that the same [safety concerns regarding children climbing on the sculpture] had been said of Blackie's statue. 10. Larry Smith, Tiburon Peninsula Foundation, said that "we put our money where our mouth is" by putting $4,500 into the process and had required a Steering Committee in return. Smith said that, in his opinion, "the process worked beautifully." He said the question was what to do if you were on the Council and the process did not go your way. ,,-... Smith responded, "You swallow hard and support the process." Mayor Gram closed the public hearing. Councilmember Berger, most recent member of the Steering Committee, said he liked the design and that it had "grown on him." He said it was not "kitsch" and that it would not overpower or clutter up the already complicated intersection. He said that he did not have a problem with the lack of a fountain which he said would be "redundant," given the fountain across the street, and could be fraught with mechanical (pump) problems and maintenance issues. Berger said that the piece would last in appreciation over time and that its theme would be understood by the public. He said it would be a "gift to weary tourists". Berger said he trusted the "excellent judgment" of the people on the committee which had been through an "entertaining, enlightening, educational experience, and was open to the community." Finally, Berger said that the piece reflected a "sophisticated community" and succeeded in projecting a "sense of style and restraint." Councilmember Fredericks said that the job done by the committee had been well explained, although the "subtle shift from the fountain went unnoticed" by the Council. She said that once the RFQ was issued, the opportunity to make these changes was gone. Ms. Fredericks said she liked both the piece and the process and that she supported its approval. Councilmember Thompson said that he too appreciated the work that had been done and that he liked the piece, but that it should be in larger city like San Rafael or San Francisco, which had a ,....., true maritime history. He said that only one of the five fmalists selected by the Committee had Town Council Minutes #16-2002 July 17,2002 Page 5 " ".-. come close to addressing "our heritage and history" and that this was the fIrst time the Council had had an opportunity to address the Committee's selection. Thompson maintained that "we weren't part" of the process and that he felt that [collectively] "we could have done a lot better." Thompson also addressed the safety and lighting concerns. He said that while he served on the Council for the last 1 0 years, there had been "endless" trip and fall lawsuits against the Town, and that "Hulls" would make skateboarders "salivate." He suggested that it be considered for the lawn area [on the Waterfront Park]. He said that during his tenure on the Council he had supported such controversial issues as having a Town Hall downtown and that he would also vote against this piece. Vice Mayor Slavitz congratulated the Heritage & Arts Commission for getting the mechanism in place for the art selection process and said that he could not in good conscience revoke the recommendation of the Selection Committee. He said if there was a time to change course it was not now. He agreed, however, with Councilmember Thompson that the piece "screamed" skateboard park, but that the problem of "one or two bad kids" could be addressed. He said the piece should be accessible and not be built to obstruct people. Slavitz said that the piece would create a place to sit; a "Times Square of Tiburon," and that it would tie in nicely to the granite material in the new ferry plaza. He said that reasonable people could disagree and that he thought the piece would "add something good" to Tiburon. ,,-... Mayor Gram said that during his tenure on the Council (two terms) the piece was intended to be a fountain. He said he had found 25-30 references to the "fountain plaza" in the minutes. He said that the people who had carried out the process were not flawed, but that the process had gotten off course. He asked whether the reporting to the Council was adequate and concluded that perhaps it was not. Gram made reference to the "water element" in the December 5, 2001 Town Council minutes, and said that the lack of a fountain would "be there forever," if approved. He said he would vote against implementation of the project. Mayor Gram said if the Council voted to approve the piece, it would not commission it until the Committee raised the necessary funds. Councilmember Thompson asked how the questions regarding lighting and other issues would be clarified. Councilemember Berger asked if the approval of these elements would be decided by the Council. Mayor Gram said the Committee would make its recommendations to the Council. MOTION: Moved: Vote: To approve the selection of "Hulls" for the downtown plaza. Berger, seconded by Slavitz AYES: Berger, Fredericks, Slavitz NOES: Thompson, Gram III III /'"' III Town Council Minutes #16-2002 July 17, 2002 Page 6 '" /'"' PUBLIC HEARING 8. Recommendation by Director of Public Worksrrown Engineer - Repeal and Adopt New Chapter 30 of Town Code Pertaining to the Use of Gas-Powered Leaf Blowers and Hedge Trimmers Read by Title Only Introduction and 1 st Reading of Ordinance a) An Ordinance of the Town Council of the Town of Tiburon Repealing the Existing Chapter 30 of the Tiburon Municipal Code and Adopting a New Chapter 30 Regulating the Use of Gas-Powered Leaf Blowers and Hedge Trimmers Director Echols gave a brief report as a follow-up to Council's discussion at the July 3 meeting. He also noted that once the ordinance was adopted, there would be a 90-day grace period at Council's suggestion to allow for public education and outreach. I"" Councilmember Fredericks asked whether there had been a response to the letter from Larry Kwong concerning "weed whackers and trimmers." Director Echols said that he had spoken with Mr. Kwong and informed him that these machines were not included in the proposed ban. Councilmember Berger, while noting that line trimmers "are just as noisy" as leaf blowers, pointed out their importance in removing grass and brush for fire control. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Thompson, seconded by Slavitz AYES: Unanimous Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon repealing the Existing Chapter 30 of the Tiburon Municipal Code and adopting a new Chapter 30 regulating the use of gas-powered leaf blowers and hedge trimmers." MOTION: Moved: Vote: To pass first reading. Thompson, seconded by Berger A YES: Berger, Fredericks, Slavitz, Thompson, Gram III III III ,....., Town Council Minutes #16-2002 July 17, 2002 Page 7 " /'"' COUNCIL. COMMISSION AND COMMITTEE REPORTS Councilmember Fredericks agreed to attend two functions (a meeting with Rep. Woolsey regarding transportation funding and a North Bay Housing and Transportation meeting hosted by Assemblyman Joe Nation. Town Manager Mcintyre asked if the Council was interested in hearing a CALrrRANS presentation concerning installation of two-lane southbound exit and proposed soundwall at Highway 101 and East Blithedale, or whether to attend the presentation in Mill Valley. Council agreed to "keep it simple" and join with Mill Valley. Mr. Mcintyre said the item would be agendized for future discussion. Councilmember Berger reported on a Water Transportation Committee meeting in which there was a discussion of certain funds going to jurisdictions other than Marin County because they were linked to certain bridges. However, Mr. Berger said that the matter would no doubt come back for further discussion, although additional subsidies for water transportation looked "bleak" at this point (due to State budget problems). WRITTEN COMMUNICATIONS Town Council Weekly Digest - July 5, 2002 ,....., Town <;ouncil Weekly Digest - July 12, 2002 Town Manager Mcintyre asked for a response from Council regarding attendance at the annual League of California Cities Conference in Long Beach in October. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram 01;0","", tho m<otiog" 9,,, p.~, '"" di~f / TOMG , OR ATTE~ DIANE CRANE IAL~ ~LERK /"'"'. Town Council Minutes #16-2002 July 17,2002 Page 8