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Home My WebLink AboutTC Min 1997-01-15 . - l TOWN COUNCIL MINUTES CALL TO ORDER Mayor Hennessy called the regular meeting of the Town Council of the Town ofTiburon to order at 7:35 p.m. on Wednesday, January 15, 1997, in Council Chambers at 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Wolf EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Police ChiefHerley, Lt. Aiello, Planning Director Anderson, Public Works Superintendent Iacopi, Town Engineer Mohammadi, Town Clerk Crane ABSENT: COUNCILMEMBERS: Thompson B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) There was no closed session. ,... L C. PUBLIC OUESTIONS AND COMMENTS None. D. COUNCIL. COMMISSION & COMMITTEE REPORTS None, E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 1) C. APPOINTMENT PROCESS. - Mayor Hennessy said she resented Councilmember Ginalski going to the press with complaints about the Town's appointment process. She said if a councilmember wanted a change of policy he should discuss it with his fellow councilmembers and not bring notoriety to the Town. Hennessy said that there had been over 50 appointments to boards and commissions since Ginalski was elected, and that his complaints to the press represented him not getting his way with a recent appointment, Councilmember Ginalski said the Mayor was "off the mark" in her comments, and that he had raised the issue with the Council on two occasions but had not been heard, He said the Town's appointment process had been consistent until the last couple of appointments, and that a candidate had been put up for appointment without anyone else's knowledge. ). Ginalski said the point of his remarks to the press was to ensure that the Council had open Town Council Minutes #1105 January 15,1997 - r ,..... L , ,l '-- meetings, agendize interviews, and state the names of candidates being considered for appointment. He admonished the Town to advertise openings. Mayor Hennessy said that in her 15 years as Town Clerk, no one had been appointed without have first submitted a letter of interest to the Town and that the Council was familiar with or knew all of the candidates appointed. Councilmember Wolf said that at one time or another all of the Councilmembers had been unhappy with the process and that the issue merited discussion in the setting of a retreat. She said Councilmember Thompson had called for a cut-off date for applications in the past. Vice Mayor Thayer said that it was important to welcome citizens "with open arms" and to get them involved and interested in serving on local commissions and boards. Thayer said the Town needed more participation and should not make it hard for people with a "public flap," 1) A. DESIGN REVIEW BOARD. MOTION: To reappoint Pamela Fyffe to Design Review Board, Moved: Thayer, Seconded by Wolf Vote: AYES: Hennessy, Thayer, Wolf NOES: Ginalski ABSENT: Thompson Councilmember Ginalski said that because a policy for appointment was not in place, any further appointments would be "arbitrary and capricious," and therefore he was not voting against the person, only the process. Vice Mayor Thayer said the Town's appointment process was "loose by design", and that appointments were made because the candidates were known to the Council and had been, in some cases, interviewed before, He said it was the Council's practice to appoint people and "move them up" through various commissions, Thayer said he did not see this as a Brown Act violation and that the whole discussion was "misinformed. " Mayor Hennessy said The Ark had always listed vacancies on boards and commissions and that it was not the Town's fault if the Marin Independent Journal did not. 1) C. PARKS & OPEN SPACE COMMISSION. Town Manager Kleinert said he would ask for that commission's comments about the number of people they thought was appropriate to serve on the commission. F. CONSENT CALENDAR 2) Town Council Minutes #1103, December 16, 1996 - (Adopt). 3) Town Monthly Investment Summary - November 30, 1996 - (Accept). Town COWlcil Minutes #1105 January 15,1997 2 - ~ '" L ~ 4) Purchase of Public Works Vehicle - FY96-96 Budget - (Approve). 5) Paradise Drive Winter 1995 Storm Clean-Up - Accept State Funds - (Resolution). 6) Harroman Property - Authorize Request for Extension of Final Payment Date for Acquisition, Councilmember Wolf asked for a correction on Page 3 of the December 16 Minutes to reflect the sum of$360,000; and to change a word on Page 4 from "plans" to "program." MOTION: Moved: Vote: To adopt Consent Calendar, as Amended Above. Thayer, Seconded by Wolf AYES: Unanimous ABSENT: Thompson G. UNFINISHED BUSINESS 7) Final Amendment to County Open Space Agreement - Creation of New Community Facilities District - (Adopt Resolution). Ron Miska, Planning & Acquisitions Manager of the Marin County Open Space District, said the new district would include all ofTiburon and not end at Trestle Glen like the previous one. Council asked that the Open Space District help defray more of the cost of an election to complete the Harroman property purchase. Miska said the District was short of funds like the Town, and stated that "you have to pay to play." MOTION: Moved: Vote: To Adopt Final Amendment to County Open Space Agreement. Thayer, Seconded by Wolf AYES: Unanimous ABSENT: Thompson I. NEW BUSINESS 11) Jerry Riessen, Last Chance Open Space Committee, said the goal of the committee was to go forward with a bond issue only if it was supported by the community. He said the final stage was to conduct a telephone survey and asked that Council help fund one as in previous years. MOTION: Moved: Vote: To approve $3,000 for the Last Chance Committee Telephone Survey, Ginalski, Seconded by Thayer AYES: Unanimous ABSENT: Thompson G. UNFINISHED BUSINESS 8) New town Hall - A) Status of Furniture Bid Package and Contributions, and B) Grand Opening Schedule and Committee. Town Manager Kleinert said the contributions stood at approximately $40,000. He also said [Interior Designer] Susan Travis' fees were being re-negotiated since the contract had been exceeded. Town COWlcil Minutes #1105 January 15, 1997 3 - f ~ L ~> .; ~ J- Kleinert said a Grand Opening Committee was being formed for the new Town Hall. 9) New Police Facility - A) Final Program Policy Decisions, and B) Design Schedule. Town Manager Kleinert said the grant application had been submitted and an executive summary was available to Council. Kleinert said there were still some policy decisions outstanding. He also noted that the information contained in the Marin Independent Journal editorial was incorrect because the State Manual said applications for public safety buildings were permitted. Kleinert said there was a concern to keep the project moving forward in conjunction with the proposed senior housing project at Ned's way so that the police would not have to move twice. The Town Manager also told Council that the Disaster Advisory Council had recommended a subcommittee of public safety officials on the Tiburon Peninsula to study the size and number of people required in the EOC, He said that information would be discussed at the next Advisory Council meeting, Councilmember Wolf said the same information had been requested last March and now was being pulled together at the last minute in order to approve the new police building program. Mayor Hennessy said she thought th" EOC was the most important part of the police building, and said it also made sense to locate it there because the volunteer center was next door at the Hilarita. Town Manager Kleinert said the Town had an opportunity to design an EOC properly, unlike Belvedere, where it is part of the community room, Kleinert then addressed the issue of "holding cells," He said there was no need for "detox" or "holding cells" and all the Town needed was a place to "process" people. Councilmember Wolf asked for clarification of the terms "holding cell", "booking cell" and "processing cell." ChiefHerley said a "holding cell was a place to put someone until they are processed." Sgt, Laura Judd said the law required separation of male, female and juvenile suspects. ChiefHerley said suspects are sometimes held while a preliminary investigation is being done and are not always booked, depending on the outcome of the investigation. Councilmember Wolf said she had spoken to a police captain in San Rafael who told her that it was better to keep a detainee with the officer since "holding cells" came under the Department of Corrections guidelines, ChiefHerley said the police needed to have a place to put detainees, not only as an issue of officer safety, but because "we don't lock people to desks." In response to a question from Councilmember Wolf, ChiefHerley said a "booking cell" was a place to ask a person's name, and perhaps administer an intoxilator test; a "holding cell" was a Town Council Minutes #1105 January 15, 1997 4 - I place where the person just sat. He said Council could call the cells whatever Council liked but that two were needed, one with a door because it had to have a toilet. Vice Mayor Thayer said there was no need for Council to get into that level of detail. Mayor Hennessy said she was satisfied with the last drawing. Councilmember Wolf said she and Councilmember Thompson were not satisfied, and that it was a policy issue because the voters did not approve additional jail space or a larger building. Mayor Hennessy said the footprint of the building was the same. Councilmember Wolf disagreed and said it was substantially larger, and therefore it would cost more to construct. Building Advisory Committee ("BAC") member Bruce Ross said the Committee needed Council direction in order to proceed. He said the issues being discussed were not trivial but suggested letting the Council subcommittee do that work. BAC Chair Wilson said the grant application was done and it was time to go on to the design phase. Wilson said the architect had informed him it would take until July to finish the design and the soonest construction could start would be the Fall. ~ L Chair Wilson said the EOC had increased in size from 500 to 700 square feet because the architect recommended a larger space for storage and to house 18 people. Councilmember Wolf said she had the Roland Miller drawings from the Measure M design and commented that the "reality kept changing" vis a vis the EOC. During public hearing, Fran Mayberry, Vistazo West, commented that she was concerned about the honesty of the application for seismic retrofitting. Councilmember Wolf responded that the grant was based on "seismic retrofitting only," but that a new building was permitted under the State guidelines. Mary Catherine Green, 4 Janet Way, said she relocated to Tiburon for the quality ofIife, but noted that the citizens stood behind the police force where she came from. She also said the professional volunteers on the committees were being shown a great deal of disrespect by Council, and that there was an adversarial feeling in the room at every Council meeting she had attended. Charlie Higgins, Venado, said he shared the feelings expressed, and said he was concerned about the possibility of downsizing or doing away with the EOC. He said the citizens would be outraged if they knew it would be removed. Bruce Ross, 1807 Centro West, said he did not think the debate was demeaning to either the Police Department or the professional volunteers, and that Councilmember Wolf and Council were just doing their job, )., Mayor Hennessy suggested appointing Councilmember Wolf and Vice Mayor Thayer to work Town COIIDcil Minutes #1105 January 15, 1997 5 - I ,..., L J- with the Building Advisory Committee and Jt. Disaster Council and come back in a month with a final program. Councilmember Wolf said she was not so much interested in "downsizing" but continued to question the "upsizing" of the new plan. She said the Jt. Disaster Council should make its recommendations before Council finalized the program, Councilmember Ginalski said he would gladly step aside and let Thayer and Wolf go forward. Councilmember Wolf said the bottom line was to build a police station that was both functional and affordable. Mayor Hennessy asked that the change in appointments to the subcommittee be agendized, H. PUBLIC HEARING 10) Revised Animal Control Ordinance - Amend Chapter 20 ofTiburon Municipal Code to Incorporate Changes adopted by County Board of Supervisors - (2nd Reading and Adoption). Council waived a staff report, and there was no public comment. MOTION: Moved: Vote: To read the Revised Animal Control Ordinance by title only. Thayer, Seconded by Ginalski AYES: Unanimous ABSENT: Thompson Mayor Hennessy read, "An Ordinance of the Town Council of the Town of Tiburon Adopting by Reference the Amended Animal Control Regulations of Title 8 of the Marin County Code Including Section 8.04.179 Pertaining to Animal Noise." MOTION: Moved: Vote: To adopt above Ordinance. Thayer, Seconded by Ginalski AYES: Ginalski, Hennessy, Thayer, Wolf NOES: None ABSENT: Thompson I. NEW BUSINESS 12) Mid-year Financial Status Report (FY96-97). Report was accepted by Council. Mayor Hennessy asked for a monthly report of police statistics, and Councilmember Wolf asked that it include assists "in and out" by other agencies. J. COMMUNICATIONS 13) Letter from MMWD re: Additional Water Tank Installation on Spring Lane (dated December 20, 1996). Town Manager Kleinert said no action was required but noted that the Water District proposal would add another 1.5 million gallon tank to the site. Planning Director Anderson said Town COWlcil Minutes #1105 January 15, 1997 6 - I ".--. ~ f--.- L normally an applicant would be subject to the Town's zoning requirements but that a governmental agency could override all zoning requirements with a 4/5 vote, He said the Town could only rely on the CEQA information provided. Councilmember Wolf noted the letter said the Water District was looking for input from the Town. Town Manager Kleinert and Planning Director Anderson agreed to respond. Mayor Hennessy said the Design Review Board had suggested planting trees around the Cibrian Drive Water Tank but that MMWD had provided no irrigation for the trees once planted. 14) Paradise Drive POA Newsletter - Community Meeting and Visioning Process (November 1996). Town Manager Kleinert said he would attend the January 20 Community Meeting. Vice Mayor Thayer noted there was an upcoming LAFCO workshop on Saturday and that Planning Commissioner Greenberg would be in attendance. He also noted that Irwin Williams, one of the citizen appointments and Chair ofLAFCO, had died and suggested that Council have a future discussion of possible candidates to provide to the Board of Supervisors. K. STAFF & TOWN MANAGER ORAL REPORTS 15) Town Council/Staff Retreat - Wednesday, January 29, 1997. Town Manager Kleinert said the retreat would be held at the Caprice Restaurant and asked Council for items to be placed on the agenda. 16) Chamber ofCommerceITown Council Breakfast Meeting - Tuesday, January 28, 1997. Noted. 17) Main Street/ADA Joint Community Workshop. Town Manager Kleinert said he would come back with some proposed dates, Mayor Hennessy asked to change the Homeowners' Association meeting with Council to February 22, 1997. L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the meeting at 10:29 p,m., to Wednesday, January 29, 1997, ~'1YI~<.,. THERESE M. HENNESSY, MAY A=S~ DIANE L. CRANE, TOWN CLERK Town Council Minutes # II 05 January 15, 1997 7