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HomeMy WebLinkAboutTC Min 1996-07-17 I"'"' TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Tiburon Town Council to order at 7:35 P.M., Wednesday, July 17, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNClLMEMBERS: Ginalski, Hennessy, Thayer, Wolf, Thompson (7:45 p.m.) EX OFFICIO: Town Manager Kleinert, Planning Director Anderson, Finance Director Stranzl, Public Works Superintendent Iacopi, Chief of Police Herley, Sgt. Aiello,Town Engineer Mohammadi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any). Mayor Wolf that no action had been taken yet [closed session scheduled after meeting]. -- C. PUBLIC OUESTIONS AND COMMENTS Mayor Wolf asked Town Manager Kleinert to bring the public up to date on the status of the Police Services Study. Kleinert said there was "nothing threatening" about the study and that a meeting had taken place between himself, Councilmembers Thayer and Thompson, ChiefHerley and [Tiburon Police Association President] Corporal Jim McVeigh to discuss the situation. After the meeting, a press release had been issued which Town Manager Kleinert read into the record: "At its July 3 regular meeting, the Tiburon Town Council authorized a study of possible cost-cutting options for the Tiburon Police Department by utilizing a special, "blue- ribbon" committee composed of a former Belvedere elected official, a retired Command Officer with the Sheriff's Department, and a retired City Police Chief from Southern Marin. To avoid any ambiguity or misunderstanding of the Town Council's action, a subsequent meeting of Town Council representatives, the Chief of Police, the Tiburon Police Officer's Association President, and the Town Manager was held on July 9 to address the matter. The session was very positive and several issues were either clarified or resolved. The Town's budgetary process continues to consider possible new operating methods or procedures which either maintain or possibly improve the Town's delivery of services in an era of dec1ining revenues and operating deficits. The proposed study and other such studies are part of this process. r TOWN COUNCIL MINUTES #1093 July 17,19% . r- The Police Department recognizes and understands the Council's fiscal responsibilities, goals and objectives. The Department has always demonstrated its support and willingness to participate in studies to maintain or enhance the level of public safety now provided to the residents ofTiburon. The Police Department employees have been assured that their positions would not be in jeopardy from such studies and they are secure in understanding that the Tiburon Police Department will not be disbanded now or in the future. The Town Council's intention has never been to reduce the level of police services or adversely affect the public safety of the Tiburon community. Tiburon's incorporation in 1964 was based primarily upon two major motivating factors: 1) Land Use Planning, and 2) Public Safety. The Town Council and Staff recognize both of these community motivations and will continue to make these two items top priority for Tiburon today and in the future. July 11, 1996" Town Manager Kleinert said the scope of the study was "very simple" and read into the record: " TOWN OF TIBURON POLICE SERVICES STUDY - SCOPE OF STUDY ;"'. OBJECTIVE: To prepare a range of options for the delivery of police services to the Town of Tiburon for consideration by the Tiburon Town Council. FOCUS OF STUDY: An organizational structure based upon the optimum police service level which provides for local control, the same programs, personnel and equipment. COMMENT: The Committee can also consider other possible options which would either maintain or improve upon Tiburon's current level of police services in an era of declining revenues. The Committee should evaluate and assess what is possible, both functionally and politically. July 17, 1996" Mayor Wolf opened the public hearing. ,,-.. TOWN COUNCIL MINUTES #1093 July 17. 19% 2 I"" Don Batten, 29 Mercury Avenue, said the unsung heroes who performed during floods and storms, 24-hours a day, all year round, and one the finest operations he had ever known was the Tiburon Public Works Department. Ryan Swift, representing the "Don't Mess With the Law Committee," urged the Council to put the issue of the police study on the agenda and vote to "kill the idea." He said the situation had gotten out of hand and was a community crisis. He said the press release didn't diffuse the issue and that the committee supported "nothing less than what we have and even augmenting what we have." Swift said it was unfair to single out the Police Department in the budget process and stated that Council was being insensitive to the wishes of the community in continuing to pursue the study. Councilmember Gina1ski said he would move to place the item on the agenda. Mayor Wolf said the item did not qualify as an emergency and therefore could not be on the agenda. Councilmember Hennessy seconded Ginalski's motion. Mayor Wolf said she was doubtful if the motion would pass. Councilmember Thompson said the item should be noticed property and that there still appeared " to be a misunderstanding about the study. Town Manager Kleinert said that only a Councilmembers who voted to go forward with the study could put the item on the agenda for reconsideration. Neil Silver, 217 Ned's Way, said he supported keeping the Tiburon police force because it was "important to have people we know and trust." Mayor Wolf said it has "never been our intention to have strangers running through the Town." Charlie Higgins, residing "off of Lyford Drive," commended the Council for its actions to explore ways to balance the budget, but said the study was doing harm to the community in inciting people to polarize. He said even if the intent was not to remove the force, it had created a controversy that would not be quelled. Marilyn Nemser, 664 Hilary Drive, asked Council not to "bring in outsiders" to solve the budget problem and said it was an insult to the Police Chief and Town Manager. She said even if the [blue ribbon] committee did not cost anything, it did not "make it right." Fran Mayberry, Vistazo West, said the blue ribbon committee should look at more than police services. "......, TOWN COUNCIL MINUTES #1093 July 17. 19% 3 r Mayor Wolf said there would be another committee. Mayberry also asked a question about the floating platform foundation of the new Town Hall. Town Engineer Mohammadi responded that the decision to use a floating platform was thought to be the best seismic safety. Shirley Tartak, 5 Corinthian Court, asked if the Sheriff's Department was still being considered as an alternative, and cited an article in the Marin Independent Journal which said it was. Mayor Wolf said she took no responsibility for what was stated in the Independent Journal. AI Burnham, 42 Meadowhill, said he was confused by the stated scope of the study, and questioned whether Marin County Sheriffs would be employed to do police work in Tiburon. Mayor Wolf said she "didn't want to get into details," but that there might be some sort of cooperative agreement with the Sheriff's Department for certain services. Mr. Burnham said her response did not "sound like a straight answer." Skip Berg, 2 Berke Court, resident for 24 years, said the question was whether the study could result in the Sheriff's Department providing police services for the Town ofTiburon. He said if the answer was yes, the Council was being short-sighted, and that there were downsides of both a "......, practical and human nature: 1) Tiburon police officers would not "wait around to get canned," and 2) the study was not very thoughtful or kind to the Police. Berg said the Sheriff's Department would not have the same integrity and concern for the community that the local police have. Mayor Wolf said the proposed study would take into account utilizing the same personnel, equipment, etc., and said she could not answer any questions beyond that. Councilmember Thayer said any substantive changes in police services would have to go to the voters. Thayer stated he had served on committees which had looked into consolidating the fire districts, and other services. He said the current study might consider consolidation of a Southern Marin police force, but stressed that "we must balance the budget" because more money was going out than coming in. Ellen Rony, 21 Juno Road, said Council was attacking something important to the community, namely "our security." She said Council had not looked at both sides of the budget, and suggested reducing all budget line items by 'h or 1 percent. Another speaker, 27 Venado Drive, asked when government was going to learn to live by the same rules as business, and said there had to be other ways to cut the budget. r TOWN COUNCIL MINUTES #1093 July 17, 19% 4 I"'" Councilmember Thompson said he had served on the Council since 1992 and there had been budget cuts all along. He said it had "not been fun" to cut the budget because three staff members were let go and there had been a reduction in programs. Thompson said the purpose of doing a police services study was to find out how to protect or enhance the Town's police program, but that it had backfired unintentionally. He said Council had "no intention to lose our beloved police force." AI Burnham said, "just say you won't contract with the Sheriff." Councilmember Thompson said, "let's talk it out." Council discussed when the item might be reagendized for further discussion. No decision was reached. D. APPOINTMENTS TO BOARDS. COMMITTEE S & COMMISSIONS I) Downtown Task Force. Mayor Wolf said she and Vice Mayor Thayer, and the Mayor and Vice Mayor of Belvedere, had settled on six candidates for the Downtown Task Force: Jim Berg, George Gnoss and Glen Isaacson from Belvedere, and Ian Pearson, Terry Koenig and Tom Gram from Tiburon. She said she hoped the other applicants would act as resources to the committee. MOTION: Moved: Vote: To Appoint the Downtown Task Force as stated above. Thayer, Seconded by Hennessy Unanimous I"'" Mayor Wolf said she had received letters from commissioners seeking reappointment. MOTION: To reappoint Margo Zender-Wiviott to Parks & Open Space Commission, and Victoria Arnett to Heritage & Arts. Hennessy, Seconded by Thayer Unanimous Moved: Vote: Mayor Wolf said the question of whether to reduce the number of commissioners on Parks & Open Space Commission could be agendized at a future time, but said that Margo should be recognized for the work she had done on the Commission, especially on playgrounds. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 2) Downtown Main Street ADA Progress Report. Richard Skaff, ADA consultant for the Town ofTiburon, reported that he, Town Engineer Mohammadi and Main Street Properties' architect Arnie Lerner had been working with the Main Street property owners to find a solution for them and the community for ADA access. Town Engineer Mohammadi presented a drawing which showed how Main Street would have looked if the Town had granted permits to install ramps and rails on individual properties. The drawing showed the effect of "walling" off the sidewalk from the street. I"'" TOWN COUNCIL MINUTES #1093 July 17. 1996 5 I'" Mohammadi presented other alternatives which showed options to 1) widen the sidewalks to 8 feet from 5 feet, keep two-way traffic with narrower lanes, and install ramps but not rails; 2) widen the sidewalks to 8 feet, create a one-way street with drop-off and loading zones on the South side of Main Street, and narrow the entrance to Main Street to 16 feet. Both options would eliminate on-street parking. Skaff said the architect's goal was to create accessibility while preserving the unique design and historical aspects of Main Street. Councilmember Thayer said the committee seemed to be zeroing in on something manageable but asked how the property owners felt about the proposals. Dennis Perkins, employed by Main Street Properties, said none of the proposals were received with enthusiasm. He said there were no cost estimates yet for the work. Consultant Skaff proposed having a community workshop to include the property owners and other interested parties in order to build a consensus on how to proceed. Mayor Wolf opened the public hearing. Steve Stein, 127 Red Hill Circle, said he hoped the Downtown Task Force would work on this problem since it concerned the revitalization of downtown. Mayor Wolf said she hoped Mr. Stein r- would be involved since he had some very good ideas about how to bring pedestrians in to downtown. Architect Lerner said one of the unique features of Main Street was its unique architecture and the casual, back and forth movement of people across the street. Dennis Perkins said time was ticking with the lawsuit. Nat Marans, Spanish Trail, said making Main Street one-way was an impossible configuration and had been looked into before. Richard Skaff said the committee had no preference and wanted to move forward to serve the community. Town Engineer Mohammadi said the one-way design would solve a lot of issues. Karen Nygren, Paseo Mirasol, asked who was paying for the design fees. Skaff said Main Street Properties had paid for the architectural designs presented at the meeting. He clarified that he and the Town Engineer were working together to save time and money for the Town and to head off more permit applications that the Town would reject. Councilmember Thayer said that since Skiaff, Mohammadi & Lerner had started working together, "the army oflawyers and litigants have disappeared" and commended them for their efforts. "......, TOWN COUNCIL MINUTES #1093 July 17,19% 6 ""' Nygren said the residents of Corinthian Island, as well as the Police and Fire Departments, had rejected previous one-way proposals for Main Street. Councilmember Ginalski asked if the proposals would make the street the same level with the sidewalk. Architect Lerner answered negatively, and said there would be a surface drainage system with a curb. Councilmember Thompson said he would prefer to keep Main Street two-way. Councilmember Thayer said he thought option #2 was the most politically feasible. Councilmember Hennessy said she preferred the one-way option for safety reasons. Councilmember Ginalski favored the idea of a workshop and asked the committee to consider the impact of losing downtown parking spaces. Mayor Wolf said she would favor keeping parking and perhaps have a loading-only zone in the morning. Town Manager Kleinert asked if the committee thought its work would result in the property owners getting an extension of time at the scheduled [ADA lawsuit] settlement conference on August 16. ""' Richard Skaff answered affirmatively. Skaff said he would work with Town Manager Kleinert to set up a workshop. 3) MCCMC Fireflow Subcommittee. Councilmember Thayer reviewed the results of the County Fireflow survey with Council and discussed various issues raised by individual municipalities concerning their portion of the funding and benefits to be derived. Thayer said the Water District would decide at its meeting the following night whether to move forward with an advisory ballot measure that would assess property owners $75 per year for 15 years to make the upgrades. Town Manager Kleinert said the Water District had asked individual municipalities to endorse the measure. Council agreed to agendize the matter and hear from MMWD representatives at a later meeting. F. CONSENT CALENDAR 4) Amicus Curiae Requests. 5) Request for Extension for Payment - Corinthian Island Stairs Repairs. 6) Joint Town CouncillPlanning Commission Minutes - June 12 & June IS, 1996. Councilmember Thompson asked to remove Item #5, and questioned why applicants were being granted an extension. Councilmember Hennessy asked to add Item #9, Harroman Property- Request for Updated Appraisal. r- TOWN COUNCIL MINUTES #1093 July 17. 19% 7 I'"' MOTION: Moved: Vote: To adopt Items 4,6 and 9 on Consent Calendar. Hennessy, Seconded by Ginalski AYES: Unanimous G. PUBLIC HEARING 7) Proposed Town FY 1996-98 Budget Program - Final review and adoption. Mayor Wolf said ChiefHerley should provide detail on the allocation of additional public safety monies passed by the State Legislature in the recent [State] budget adoption. Finance Director Stranzl said the depreciation schedules would be revised to include a new truck for Public Works. He said Community Development was reclassifYing two positions and eliminating the contract planner position which would result in a savings of $28,000 per year. Stranzl also noted the Flood Plain Improvement Fund contained $115,000. Councilmember Ginalski questioned whether this [flood plain] money should be in the budget since a claim had been made against the funds by David Irmer. Councilmember Thayer asked if the purchase of three police vehicles could be deferred, or if the cars could be used a little longer before turning them in. Finance Director Stranzl said the cost of the units had gone up from $16,000 to $25,000 and that they were replaced every 60,000 miles. He also said the Town regularly replaced two police vehicles per budget year. I'"' Councilmember Thayer asked if Sgt. Aiello's proposed promotion to Lieutenant would increase the budget by $8,200. Mayor Wolf said the promotion was already accounted for in the preliminary budget. Sgt. Aiello said the $2,000 per year he currently earns in administrative overtime would become part of his regular duties as lieutenant. ChiefHerley explained that the promotion would allow Aiello to take advantage of management training courses he would not be eligible for as sergeant. In response to a question from Councilmember Thompson, ChiefHerley said no new sergeant position was going to be created. Councilmember Hennessy asked Town Manager Kleinert to distribute a list of Marin cities showing the amount of reserves held by each city. She then recommended that the Town reduce its unallocated employee leave reserve from 100 to 50"10 to cover the budget deficit. Town Manager Kleinert said the Town had a deficit but it was not serious. He said the current deficit was being covered by the PERS (public Employee Retirement System] surplus, but there was a problem in considering the use of one-time reserves for a budget deficit. Councilmember Thayer said that structurally the Town had a deficit and it was Council's job to work on how to cover this deficit going forward. --- TOWN COUNCIL MINUTES #1093 July 17. 19% 8 I'" Mayor Wolf opened the public hearing. Ellen Rony, Juno Road, said she resented Town Manager Kleinert's statement that the voters did not want to repair the streets [by voting against the streets tax ballot measure], and said the Town Council had chosen to build a new Town Hall instead of repair the streets. Councilmember Thompson and Mayor Wolf commented that previous Councils had set aside funds for a new Town Hall and that it did not matter whether it was to be built at Ned's Way or downtown, it would have cost the same. Ms. Rony asked the Town Engineer to consider shifting some of the streets in priority ranking. Mayor Wolf commented on the use of Flood Plain Improvement Funds. She said the Parks & Open Space Commission had just started public hearings on the Flood Plain plan, and that the Town had to wait until there were plans in place for construction of the new Town Hall in order to know how to use the funds. Karen Nygren, Paseo Mirasol, commended Sgt. Aiello and said that Town should recognize what he gives to the community. Mayor Wolf closed the public hearing. I'" Councilmember Ginalski said that appropriating money with a legal claim against it was not good budget policy. Councilmember Thayer said it was prudent to consider Councilmember Ginalski's point, but that Council would adopt the budget as a spending plan and not necessarily spend the [flood plain] monies until it was clear what the disposition of the claim would be. Councilmember Thompson said he was happy with the budget, but that it was not likely the State would give money back to the cities in the future. He said Council should look "far down the road" and have good reserves for projects like street repair. Mayor Wolf thanked Planning Director Anderson for finding savings in the budget, but pointed out that the Community Development Department revenue is based on fees, not property tax. She agreed with Councilmember Thompson that Council should plan ahead, and said the current budget not only showed a $60,000 deficit, it also did not include any salary and benefit adjustments. She said even a cost of living increase would exceed the PERS surplus. Wolfsaid she thought the preliminary budget was misleading. Councilemember Hennessy moved to adopt the FY 1996-98 Budget Program with the condition of transferring $100,000 into the General Fund [from employee unallocated leave reserves]. "......, TOWN COUNCIL MINUTES #1093 July 17. 19% 9 "......, Councilmember Thayer said he was interested in Hennessy's suggestion. Councilmember Hennessy amended her motion. MOTION: To adopt the FY 1996-98 Preliminary Budget with the understanding the Council would discuss funds transfers at the conclusion of salary negotiations. Moved: Vote: Hennessy, Seconded by Thayer. AYES: Hennessy, Ginalski, Thompson, Thayer NOES: Wolf I. COMMUNICATIONS 12) Old Landing Road Sewer Assessment District. Town Manager Kleinert asked Council to appoint two Councilmembers to meet with him and interested Paradise Drive/Old Landing Road neighbors to discuss LAFCO's dual annexation policy and how it affected the proposed sewer district. Councilmember Thayer volunteered. August 13 and 15 were discussed as possible dates. H. UNFINISHED BUSINESS 13) Ned's Way Housing Project - Final Council Direction. Councilmember Thayer said Planning Director Anderson had correctly analyzed the results of the SHAC (Senior Housing Advisory Committee) workshop, but questioned the conclusion that the EAH projects might not "pencil out." Anderson suggested inviting EAH representatives to a Council meeting to discuss the - matter further. Mayor Wolf asked what SHAC was doing now. Larry Smith, SHAC Chair, said the Committee had not forma11y met since June 18, and said they considered the idea of an "assisted living" project to have been put on hold as a result of the meeting. He said they were now thinking of ways to sell 25 units on the 1.6 acre parcel, but said they were also thinking of disposing of the two acres [of open space] and would pursue it with Council's blessing. Councilmember Thayer said Councilmember Hennessy had made an eloquent statement about not selling that space and advised Smith not to pursue it. Chair Smith said the driving force behind the interest was a possible buy-down of the Harroman property through the sale of the two acres. Mayor Wolf said she was willing to let that issue be decided by the voters. Councilmember Hennessy said she would not support a Town-sponsored ballot measure for that purpose and that it should come from the Last Chance [Open Space]Committee. Councilmember Thayer said the original charge of SHAC was to study the 1.6 acres and that SHAC had gratuitously taken on the two acres. "......, TOWN COUNCIL MINUTES #1093 July 17. 19% 10 "......, Smith responded that SHAC was a group of people who wanted to "do right by the Town," and that the 25 unit development plan was "right on the edge" of being feasible. Councilmember Hennessy said there was high enough density already at Ned's Way and that the building of the new Police Facility should not be delayed. Councilmember Thompson said he believed in the [open space] "swapping concept," but agreed with Councilmember Hennessy's suggestion. Smith said the Last Chance Committee would probably come back to Council with a proposal. Councilmember Ginalski asked to see the Request for Proposal before it was circulated to potential developers, and said that EAH and Housing Chair Hinkel should be invited to speak if they were interested. During public hearing, Karen Nygren said she was glad for the clarification, but noted that the voters had been told the police building construction would start in June, 1996. She said she was "for open space" and that [the sale or development of] the two acres might derail other Last Chance Committee issues. G. PUBLIC HEARING 8) Repeal/Adopt new Chapter 19 of Town Municipal Code - Encroachment Permits (2nd Reading I""' and Adoption). There was no staff report except to reiterate that first reading had taken place. There was no comment during public hearing. MOTION: Moved: Vote: To read by title only. Thompson, Seconded by Thayer AYES: Unanimous Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Repealing Chapter 19 and Adding a New Chapter 19 of the Tiburon Municipal Code with Respect to Encroachments." MOTION: Moved: Vote: To adopt above ordinance. Hennessy, Seconded by Thompson AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf L COMMUNICATIONS 11) League of California Cities Annual Conference - October 13-15, 1996. Councilmember Hennessy agreed to attend and be the Town's voting delegate. J. STAFF & TOWN MANAGER REPORTS 13) Martha Company Project - Tour ofKeil Cove Property. Council agreed to tour the property with members of the Planning Commission and the public on Tuesday, July 23 at 5:30 p.m. I""' TOWN COUNCIL MINUTES #1093 July 17, 19% 11 ~ I r- "'-- h 14) Flood Plain Improvements Workshop. Council suggested holding the workshop at the next Parks & Open Space Commission meeting on August 13. F. CONSENT CALENDAR 5. Request for Extension for Payment of Corinthian Island Stairs Repair. Councilmember Thompson reiterated his query about why the two property owners were being given more time. After a brief discussion, Councilmember Thayer moved to adopt the Town Manager's recommendation to grant an extension, seconded by Ginalski. Motion passed. K. ADJOURNMENT Mayor Wolf adjourned the meeting to Closed Session at 11 :00 p.m. There being no action taken in closed session, Mayor Wolf adjourned the regular meeting of the Town Council of the Town of Tiburon at 11:40 p.m., to the July 23 tour ofKeil Cove Property. ~,c0 (v~ NICK WOLF, MAYOR ATIFS~ DIANE L. CRANE, TOWN CLERK. TOWN COUNCIL MINUTES #1093 July 17. 1996 12