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Home My WebLink AboutTC Min 2008-08-20 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, August 20, 2008, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Collins, Fredericks, Slavitz ABSENT: COUNCILMEMBERS: Berger, Gram PRESENT: EX OFFICIO: Town Manager Curran, Police Captain Hutton, Town Clerk Crane Iacopi ORAL COMMUNICATIONS Matthew Savage spoke in favor of Marin Clean Energy and encouraged the public to find out more and support its institution in the county. PRESENTATION · Recognition of Bicycle/Pedestrian Advisory Committee members Mayor Slavitz recognized the outgoing members of the committee. Ralph Leighton and Peter Winkler were present and the mayor presented them with plaques in recognition of their service-Leighton served from 2001-2008, and Winkler, a member of the initial ad hoc advisory committee, had served since 1999. Mayor Slavitz said that Tyler Phillips, who was unable to attend the meeting, was also an initial committee member. Finally, he said that Petey Stein, who was also unable to be at the meeting, represented the "pedestrians" on the committee. She served from 2001-2008. Mayor Slavitz talked about the accomplishments of the committee, including work on the Town's Bicyc1e/Pedestrian Master Plan, their success in obtaining grant funding for town projects such as the Trestle Glen bikeway, and Pine Terrace pathway improvements. He said that the committee had been extremely effective and had worked well together. Mayor Slavitz said that Mr. Winkler was the "extreme biker" of the group. He said that Mr. Leighton was particularly effective in communications with CAL/TRANS. Town Council Minutes #14 -2008 August 20, 2008 Page 1 Mr. Leighton commented said that he was the "wonk" on the committee who "got things done" with CAL/TRANS. Leighton said that it was "great" to have Mayor Slavitz as a member of the committee, as well. Mr. Winkler said that he was proud to have served on BP AC. He said that he was also a member of the Marin County Bicycle Coalition (as well as their attorney). Mr. Winkler remarked on the successes ofBP AC, including the new multi-use path, with a new surface and a wider path. He said that these improvements and the new signage were envisioned and recommended by BP AC. He said that the signage is now being used as a model state-wide. Winkler said that he looked forward to serving on the new POST Commission and that one of his goals was to find ways to improve bicycle safety on Paradise Drive. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of August 6, 2008 meeting (Town Clerk Crane Iacopi) MOTION: Moved: Vote: To adopt Consent Calendar Item No.1. Collins, seconded by Fredericks AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram ACTION ITEMS 1. Appointment of Artist Laureate - Consider adoption of resolution appointing Mary Musalo to serve as Town Artist Laureate and authorize Town Manager to sign agreement on behalf of the Town of Tiburon (Town Manager Curran/Heritage & Arts Commission Chair Bremer) Town Manager Curran said the position of artist laureate had been initially created in 2001, and that local artist Jimmy Liu had been appointed and served for two years in that capacity. After his passing in 2003, Curran said the position remained vacant until the Heritage & Arts Commission undertook the search for a new artist laureate. She said the Commission had created guidelines and a set of criteria on which to base its selection process. The Commission appointed a selection committee, comprised of Mayor Slavitz, Pamela Morton of Drawbridge and the Marin Arts Council, and Commissioners Thull and Schmidt, to interview applicants for the position. Curran said that the Committee interviewed five candidates out of 11 applications, and recommended the selection of Ms. Musalo to the Commission. The Commission, in turn, unanimously voted to recommend her appointment to the Council, according to Curran. Town Council Minutes #14 -2008 August 20,2008 Page 2 Mayor Slavitz commented that it was a pleasure to have served on the selection committee; he said that he was "incredibly impressed" with Ms. Musalo. He read the proposed resolution in the record (Exhibit A). Heritage & Arts Chair Peggy Bremer gave a brief history of the significance of the laurel wreath and "crowned" Ms. Musalo on behalf of the commission. Ms. Musalo thanked the Council for the honor of serving the town in the capacity of Artist Laureate. She briefly outlined her program for conducting public art classes and her belief that "everyone can paint." MOTION: To adopt resolution appointing Ms. Musalo and authorizing the Town Manager to execute the agreement on behalf of the town. Collins, seconded by Fredericks AYES: Fredericks, seconded by Collins ABSENT: Berger and Gram Moved: Vote: 2. Hours of Delivery on Main Street - Consider request by Tiburon Peninsula Chamber of Commerce and adoption of resolution to extend hours of delivery on Main Street (Town Manager Curran) Town Manager Curran gave the report. She said that some of the businesses downtown had encountered difficulty in receiving and completing their deliveries by the 11 :00 a.m. cut-off, as established by Town Council Resolution No. 3417 in 2000. As a result, she said the Chamber Board had discussed the issue and voted to petition the Council for an extension of delivery times on Main Street to 11 :30 a.m. (from 11 :00 a.m.). Ms. Curran said that the Chamber had sent notices to all of the businesses on Main Street alerting them of the request. She said that the town had received one objection from the owner of the Little Black Dress, whose letter was part of the "late mail" in the Council packet. Mayor Slavitz opened the matter to public comment. Steve Sears, owner of Sam's Anchor Care, said that he had been involved in the discussions establishing the parameters for deliveries and parking on Main Street, after the improvements and resurfacing to the streets and sidewalks in 1999. He said that summer deliveries took longer and, as a resull:, a number of citations had been issued to the delivery truck drivers by the Tiburon Police Department. Sears said that most businesses on the street opened at noon but a few, including his own, opened at 11 :00 a.m. Nevertheless, he said with the volume of deliveries, it would assist some of the businesses to extend the hours of delivery on Main Street. Town Council Minutes #14 -2008 August 20,2008 Page 3 MOTION: Moved: Vote: To adopt the resolution extending the hours of delivery on Main Street. Collins, seconded by Fredericks AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram 3. Suicide Barrier on Golden Gate Bridge - Consider adoption of resolution in support of Golden Gate Bridge District's finding a solution to deter & prevent further suicides from the bridge (Town Manager Curran) Town Manager Curran said that Tiburon resident Sarah Barr had spoken during public comment at the May 21 Council meeting calling for the Council's support of a suicide barrier on the Golden Gate Bridge. Curran said that Council had directed Ms. Barr to meet with staff and that staff had assisted Ms. Barr in drafting a resolution for Council consideration. That resolution called upon the Bridge District to continue its consideration of the suicide barrier options but stopped short of recommending the installation of a physical barrier. On August 6, the Town Manager said that Ms. Barr had presented another resolution to the Council, calling for the Council's support of an actual physical barrier. The Town Manager said that both resolutions were attached as an exhibit to the staff report for Council's consideration. Mayor Slavitz commended Sarah for her activism in seeking a solution to this problem. He acknowledged that it was a very emotional issue for many people, and an issue that the Council had very little control over as a legislative body. He opened the item to public comment. Peter Alexander, resident of San Rafael, said that he was a concerned citizen who had lost his 19- year-old daughter to a suicide from the bridge on May 6, 2005. Mr. Alexander said that on all of the bridges world-wide where a barrier had been installed, there was 100% prevention of further deaths from suicides. He urged the Council to consider adopting a resolution to support this goal. Vasco Morais, friend of Casey Brook (the Tiburon teen who committed suicide from the bridge earlier this year), encouraged the Council to find a moral imperative to support a suicide barrier. He said that adoption of a resolution calling for a barrier came at a critical time in the [EIR] process and that the Council could, indeed, influence the Bridge District's vote. Holly (last narl1e unknown) spoke on behalf of her neighbors, John and Erica Brooks. She read a statement from Mr. Brooks calling for the Council to adopt a resolution in support of a barrier, and stated that $50 million was a good return on an investment in human life. She said that the evidence contradicted the argument that those seeking to commit suicide would simply go elsewhere. She encouraged the Council to "take a stand" on this issue. Lynn Wellman Barr, Sarah Barr's mother, urged the Council to vote for Exhibit B, the resolution drafted by Sarah calling for the installation of a physical barrier on the bridge. She said that the Town Council Minutes #14 -2008 August 20,2008 Page 4 Golden Gate Bridge District had taken other measures to prevent suicides but that they failed to deter suicides. In fact, Ms. Barr said the annual average was 20, but that last year there were 38 suicides from the bridge. Alan Barr, Sarah's father, said that the issue of suicide had gotten closer and closer to his family, and was an issue for the community as a whole. He said that since he had moved with his family to Tiburon, two local people he knew had committed suicide-Duane Garrett ofKGO, and now, Casey Brooks. He said that while it seemed like an invisible issue to some, it sent shock waves through the community. He said that Sarah's resolution was not just a statement of principal, it was about the community. He said that it would be an act of courage if the Council adopted the resolution calling for a physical barrier. He said that the bridge could be made safer in that way. Nora Barr, Sarah's sister, gave some background about the different barrier designs and the current process. She said she had gone to the Marin County Civic Center to look at the various options. She said that all had very little visual impact on the current bridge. Ms. Barr said that all of the options had been studied and appeared to be equally effective in preventing suicides. She concurred with a previous speaker that the Bridge District had tried different [non-barrier] alternatives without success. She urged the Council to adopt the resolution calling for the installation of a barrier. John Vadari, former San Francisco Suicide Prevention board member, said that he now belonged to a group advocating for a suicide barrier on the bridge. While he agreed that the Council had limited control over the outcome, he said that it would be a powerful step to adopt a resolution endorsing a barrier, and to join other towns and cities who endorsed it. He noted that the Council had taken up public issues before so that it would not be a precedent. Mr. Vadari said that Larry Meredith, Health and Human Services Director for the County of Marin, and Kenneth Holmes, Marin County Coroner, both endorsed the installation of a barrier to prevent further suicides. Mr. Vadari said that the bridge was a "magnet" and that he had spoken to suicide survivors who said they had specifically gone to the bridge for that purpose. Eric Artman, 13-year resident of Tiburon, said that while he meant no offense to the feelings of others, he opposed the Council taking any action on this subject because it was not within their purview to do 30. He said that it was not "good government" for one public agency to pressure another in its decision-making process. Mr. Artman said that people did receive intervention services offered by the Bridge District personnel if they were found close to the rails. He said that others might not receive help if a barrier was erected. Mayor Slavitz closed the public hearing. Town Council Minutes #14 -2008 August 20, 2008 Page 5 Vice Mayor Fredericks asked Mr. Vadari what other towns or cities were considering the issue. He replied that he hoped that it would be on the agenda in San Rafael and the Board of Supervisors soon. She asked about the public issues undertaken by the Council; he said that he was referring to the Council resolution opposing spraying of the Light Brown Apple Moth pending further review by the state. Vice Mayor Fredericks said that the Council had an informal policy of generally limiting its deliberations to matters concerning the services offered by local government. She said that the Council had agreed to hear testimony on this subject in deference to the family and friends of Casey Brooks. She said that these friends and family had asked the Council to support a specific solution, that of a barrier, however, she said that the data did not support one kind of a solution over another and that it was often difficult to interpret that data. The Vice Mayor said that the Golden Gate Bridge District had all of the data, and that they had intervened in 50 suicide attempts. She said that it was within the district's purview to take action, based on its knowledge of the facts, resources, and data available to it. Vice Mayor Fredericks said that she supported the Golden Gate Bridge, Highway & Transportation District in continuing its process of review, as well as the continued advocacy by interested citizens. Councilmember Collins said that he had found the comments of the public very moving. He said that while he empathized with the feelings expressed, some of them unimaginable, he would like to see a wider solution in the form of mental health treatment for people in need. He agreed that the Golden Gate Bridge was an attractive nuisance but he said that he also agreed with Vice Mayor Fredericks that the Council did not have the authority to advise the bridge board. He said that he would endorse the resolution entitled Exhibit A. Mayor Slavitz said that his heart went out "to all of you" who had experienced a loss of a loved one by suicide on the bridge. He said that while it was within the purview of the Council to consider some matters, the decision of whether to construct a barrier or not was not within the Council's purview. He said that the Bridge District should continue to work on this issue and decide the specifics. He said that he would support the resolution, Exhibit A, encouraging them to do so. MOTION: Moved: Vote: To adopt resolution Exhibit A. Collins, seconded by Fredericks AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram Town Council Minutes #14 -2008 August 20, 2008 Page 6 PUBLIC HEARINGS 1. Update Town Traffic Ordinance - Consider adoption of ordinance amending Chapter 23 of Town Code pertaining to motor vehicles and traffic (Town Manager Curran) _ 2nd reading & adoption Town Manager gave a brief report, stating that the Council had passed first reading of the proposed ordinance on August 6, 2008. She recommended that the Council hold a public hearing and thereafter, consider adoption of the ordinance. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Berger AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending provisions of Title VI, Chapter 23 of the Tiburon Municipal Code (Motor Vehicles and Traffic)." MOTION: Moved: Vote: To pass first reading of above ordinance. Fredericks, seconded by Berger AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram TOWN COUNCIL REPORTS Vice Mayor Fredericks said that she was concerned about public outreach for Marin Clean Energy (MCE). Council discussed various ideas in this regard, including a table at Friday Nights on Main, in September. Town Manager Curran said that it would be featured in September e- news, and that the article would encourage attendance at the October 7 community meeting in Belvedere. Ms. Curran also said the Council could consider a direct mail piece. TOWN MANAGER'S REPORT Town Managel Curran noted that the September 3rd Council meeting was cancelled and that the next regular meeting was scheduled for September 17. Town Council Minutes #14 -2008 August 20, 2008 Page 7 WEEKLY DIGESTS . Town Council Weekly Digest - August 8, 2008 . Town Council Weekly Digest - August 15,2008 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 8:50 p.m. ATTEST:'/l/{' 1/ ',' . y /,.., 1/ "', 1/ / i ?--( DIA E CRANE IAC , ' J! Town Council Minutes #14 -2008 August 20,2008 Page 8 PUBLIC HEARINGS 1. Update Town Traffic Ordinance - Consider adoption of ordinance amending Chapter 23 of Town Code pertaining to motor vehicles and traffic (Town Manager Curran) _ 2nd reading & adoption Town Manager gave a brief report, stating that the Council had passed first reading of the proposed ordinance on August 6, 2008. She recommended that the Council hold a public hearing and thereafter, consider adoption of the ordinance. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Berger AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending provisions of Title VI, Chapter 23 of the Tiburon Municipal Code (Motor Vehicles and Traffic)." MOTION: Moved: Vote: To adopt ordinance. Fredericks, seconded by Berger AYES: Collins, Fredericks, Slavitz ABSENT: Berger and Gram TOWN COUNCIL REPORTS Vice Mayor Fredericks said that she was concerned about public outreach for Marin Clean Energy (MCE). Council discussed various ideas in this regard, including a table at Friday Nights on Main, in September. Town Manager Curran said that it would be featured in September e- news, and that the article would encourage attendance at the October 7 community meeting in Belvedere. Ms. Curran also said the Council could consider a direct mail piece. TOWN MANAGER'S REPORT Town Manager Curran noted that the September 3rd Council meeting was cancelled and that the next regular meeting was scheduled for September 17. Town Council Minutes #14 -2008 August 20,2008 Page 7