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HomeMy WebLinkAboutTC Min 1996-07-03 \ . 1"'" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town ofTiburon to order at 7:40 P.M., Wednesday, July 3, 1996, in the Town Council Chambers, 1101 Tiburon Blvd., Tiburon, CA. A. ROLL CALL PRESENT: COUNClLMEMBERS: Hennessy, Ginalski, Thayer, Thompson, Wolf EX-OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Chief of Police Herley, Finance Director Stranzl, Town Engineer Mohammadi, Minute Clerk McVeigh B. ANNOUNCEMENT OF CLOSED SESSION ACTION None. Mayor Wolf announced the Council will move directly to item 8.D. due to those in attendance to address the matter. r- G. PUBLIC HEARING 8.D. CONTRACT SERVICES STUDY - COUNTY SHERIFF'S DEPARTMENT (Consider cost and time requirements for consultant's analysis). Town Manager Kleinert reported the Council at its June 19, 1996 meeting requested a cost and time estimate for a proposed study to consolidate police services with the County of Marin. He noted recent news articles and flyers have led to misleading information being circulated about what the Council and Town is trying to accomplish. He has received about forty letters supportive of the Police Department and a few that would like to see the study done. The Council is taking a look at police services due to the budget deficit. He stated when there is a deficit it is prudent for the Town to look at all options, i.e. reduce services, or increase revenues. He then reviewed the State "take aways" from local governments during the past 4-5 years. He noted public safety is one of the backbones of community services, and that nothing would be done that would reduce the level of services the community currently enjoys. The Council recognizes that local control and maintaining identity is important, but this study would provide important information, as the police department has suggested a municipal tax for public safety. Manager Kleinert reported he has received estimates ranging from $7,500 - $15,000 to perform the study, which would take three months to complete. Since receiving these estimates there has -- TOWN COUNCIL MINUTES #1092 July 3, 1996 1 r- been talk about establishing a special "blue ribbon" committee of three individuals to conduct the study at no cost to the Town. These three people would consist of: retired Sausalito Police Chief Bill Fraass, Belvedere resident Ken Johnson, and a retired member of the Marin County Sheriff's Department. The Committee would explore certain options with the understanding that the current level of services would be maintained. In response to Councilmember Thompson, Kleinert stated these individuals have stated they would be willing to undertake such a study. Councilmember Thayer noted this study is not about doing away with the Police Department, it is about closing the budget gap. The Town is experiencing an ongoing budget deficit, and out of the $3.3 million operating budget this year approximately 66% is wages and benefits, of this 52% is attributable to the Police Department. The Town employs 35 people and 49"10 are police. He noted the Police Department drives a substantial portion of the Town's annual budget, therefore it makes sense to look there first for savings. He stated the deficit in recent years has been paid for by a surplus in retirement funds, but this surplus will be used up in the coming fiscal year. In order to address this operating deficit, the Mayor is proposing ways to close the gap. If any material change came about regarding how the Town operates, these changes would come about after complete community input. He noted no changes would come about this or next fiscal year. Councilmember Thompson reported the Council is investigating options to close the budget gap and everything needs to be on the table for discussion. He noted the Council recently renewed the Southern Marin Dispatch contract for two additional years, so no changes could possibly happen for two years. He stated his dismay with the Independent Journal for reporting inaccurate information. --- Councilmember Hennessy stated she is not interested in any sort of study. She did note the Town does have an operating deficit, but also noted the Town has a high reserve balance to fund the current deficit. Councilmember Ginalski noted no one on the Council believes the Tiburon Police Department is a line item that can be eradicated, but the Council wants to work with the public to balance the budget. Mayor Wolf stated that when she brought this matter up she wanted to see what options were available. Her desire would be to have the same police officers hired by the County and working out of a new public safety building in Town. She noted she has talked with enough people to find out that this scenario is possible. She has never advocated firing the Police Officers and replacing them with remote Deputies patrolling Tiburon. Mayor Wolf opened the public hearing. Paul Grothe, 2 Hacienda Drive and employed by Marin Land Company, stated one thing that sells real estate in Town is the exceptional Public Safety program. He noted people he has spoken with are willing to form a special district to maintain the level of police services. He expressed concern that the Council would be willing to jeopardize the Town's public safety. -- TOWN COUNCIL MINUTES #1092 July 3, 1996 2 - Patricia Morgan, 2 Palmer Court, noted this proposal came out ofleft field. She feels the Tiburon Police are professional, compassionate, and responsive. She noted Counties are cutting back and if the Town has a contract with the County, it does not mean it is set in stone. She urged the Council to abandon this project. Skip Berg, 2 Berke Court, noted he has been a resident for twenty-two years and feels if the Town contracts with the County, the Council is forgetting that the Sheriff officers will have a divided loyalty, and the Town's currently enjoys a very loyal police force. Kerri Hartschell, 218 Ned's Way, reported she is new to the community and believes Tiburon enjoys a low crime rate because of the current police force. She truly believes the Tiburon police care about the residents' health, safety, and welfare. She noted there is no price on peace of mind. Dale Evans, 700 Hawthorne, questioned the reported $200,000 savings if the Town goes with the Sheriff's Department. He noted there are other areas to look for a $35,000 savings. Mayor Wolf noted the $35,000 deficit does not include cost-of-Iiving salary increases and some revenues from the State that are doubtful the Town will receive. ,-.., George Martinez, stated he spoke with former Mayors Bran Fanning and Bill Bremer. They indicated the Town contracted with the County for police services in 1964. The County gave notice of cancellation in 1972 because the County wanted to reduce its budget by the amount it was costing to serve Tiburon. He does not feel the Town should loose this police force and Chief. If you contract with the County, the Town will have a second string police force. It is not appropriate to study something that should not be considered. AI Burnham, 42 Meadowhill, stated police services are essential, that he pays tax:es in this Town and expects police protection. He noted it is the Council's job to balance the budget, but contracting with the County is not acceptable. Flemming Andresen, 37 Venado, stated he chose to live in Tiburon because of safety and security, he is worried about the morale in the Police Department at this time. Albert Harris, 68 Marinero Circle, commended the Council for trying to balance the budget. Alexander Anolik, Roundhill Road, feels there is no way the Sheriff's Department can protect the Town like our own Department. He is worried about the Town becoming a mark for criminals. He noted he feels safe sleeping with the doors and windows open at night. He is worried about morale in the Tiburon Police Department. Barbara Haygooni, 32 Marinero Circle, read a letter of support for the Police Department signed by several residents. Bill Rand, 12 Tara View, apologized for not realizing the Town was having fiScal difficulties. He ,-.., TOWN COUNCIL MINUTES # 1 092 July 3, 1996 3 ./ - urged the Council to look in other areas of the budget for cost savings. Fred Hannahs, 440 Ridge Road, thanked the Council for looking at the fiscal problems the Town is facing. He noted the Town has been under funded since Proposition 13. He suggested going after the State to restore funding since their financial picture is improving. He also questioned how the Town could go about raising tax:es. Mayor Wolf responded it would take a majority vote of the citizenry to raise tax:es. Roy Benvenutti, 40S Hilary Drive, stated he is not interested in having the Sheriff's Department as a substitute in Tiburon. He feels if the County really wants the Town, then the County should do the study. Madeline Ballard, 2255 Vistazo East, stated her priority is funding for police, fire and roads. She noted the Town has a reputation that you do not violate the laws because of the Police presence. Jacqueline Garrett, Rockhill Drive, expressed concern that the Town is considering funding this study when there is a deficit. She noted there is a lot a talent in this community and recommended pulling this talent together to try to resolve the deficit. Jim McVeigh, President, Tiburon Police Association, thanked everyone who is supporting the Department through these trying times. He reported the Association has not solicited any help from the citizens. The Police Department knows they can serve the community better than anyone else, and they will continue in the future. - Moe Shafagi, 705 Hawthorne Drive, feels the Police Department is part of his family and will not permit anyone to separate this family. Ray Bolton, expressed concern with how this matter came about and reported one of the Department's Officers will be handing in her resignation to work for the County. She will be starting at second step in their salary range and will actually be getting paid more than she is now with Tiburon. He noted the Town's Officers do a wonderful job despite low pay. Jerry Horne, Marin Wine & Spirits, suggested the merchants do fund raisers to cover the budget deficit. Frank Rox, urged the Council not to go ahead with this study due to the opposition of the people who elected them to office. Dian AsWey, President, Chamber of Commerce, expressed concern with the Sherifrs Department taking over police services. She noted Belvedere citizens are also concerned as Tiburon Boulevard is the corridor to Belvedere and would not receive the excellent patrolling it receives now. She read a letter signed by the Chamber Board, which wholeheartedly supports the Tiburon Police Department and ChiefHerley. "......, TOWN COUNCIL MINUTES #1092 July 3, 1996 4 -- Dick Hinkle, noted that if the Town went with the Sherrif's Department and eliminated two administrative and one patrol position, the Town would save approximately $225,000, which would not be enough for the Street Program. He feels the $1.4 million forthe no-tax: Town Hall could have been transferred and used to repair the roads. He feels there should be no changes to those services that are essential to the Town. He feels perhaps the Town needs to go back to the voters for additional money to repair the Town's roadways. Todd Warren, spoke in favor of keeping the Tiburon Police Department and feels the low crime rate in Town is due to the Department's reputation. Alice Strauss, 1910 Mar West, thanked Officer Mourgos for his help with her teenage son. She spoke in favor of keeping the Police Department in tact. Anthony Macintosh, 23 Venado, spoke of an emergency situation that required the Tiburon Police Department's response. He noted officers were at his home in less than five minutes and does not feel he could get the same response from the Shereif's Department. He does not want the proposed study to go forward. Frank Shaw, 570 Virginia, stated he did not feel this item was properly noticed, and felt proper noticing would bring out a lot more residents in favor of the Police. -- Ben Taylor, 1465 Vistazo West, noted that if the Town is suffering a deficit, the Town Manager should request each Department Head to propose reductions in their budgets instead of looking at one specific department. Sally Higgins, 25 Venado, stated residents have not over-reacted to the newspapers, the residents are here because they do not want the proposed study done. Brian Sullivan, 116 Sugarloaf, noted people are very passionate about this subject and feel the Council is beating a dead horse. Steve Sears, owner of Sam's Anchor Cafe, stated he is at this meeting to support the Tiburon Police Department. He feels they are doing as fine job in downtown Tiburon and could not imagine any other arrangement. Travis Higgins, stated he personally knows many of the Tiburon Officers, and he is appalled to hear the Council is willing to undertake such a study. Ken Nernzer, 664 Hilary Drive, spoke in support of the Tiburon Police Department. There being no further comments, Mayor Wolf closed the public hearing. Councilmember Thayer noted it is apparent that the public does not want anything done with the Police Department, but he also noted there are budget problems that are not going to go away. -- , TOWN COUNCIL MINUTES #1092 July 3, 1996 5 _ He reported the Town receives seven cents for each property tax: dollar citizens pay. To raise money the Council will have to go to the citizens and asked for a tax: increase, but said he also keeps hearing, "no more taxes". The no-cost committee will not increase the current deficit, once they collect all the data the information can be used in submitting a special municipal services tax proposal to the citizenry. Councilmember Thompson stated he is not in favor of spending money on this study, but does support the no cost committee. The funding gap issue needs to be addressed and all options must be considered. He noted it is unfortunate that a lot of misinformation being circulated, but it is good that the Town is more aware of the budget crisis. Councilmember Ginalski noted the Council is serious about maintaining and even possibly improving the quality of life in Tiburon. The Council is working with increasing expenses and decreasing revenues. He feels there will be some consolidation within small Towns in the next 15 years. He suggested the Council consider a committee that would look into all the Departments, and then putting an advisory measure on the ballot for a Public Services Tax: to find out what kind of support there is for such a tax:. Councilmember Hennessy stated she is not interested in a study or the results. She wants to keep local control. She reviewed the Town's current reserves and noted there are other ways to come up with the $100,000 to cover the shortfall. She urged her colleagues to abandon the idea of the proposed study. ,.... Mayor Wolf noted people should not be afraid ofinformation; people have to know what the options are; she does not feel a tax measure can be put on the ballot without making informed choices. She noted some of the flyers that went up were misleading and inflammatory, and she urged the person(s) who are responsible put their name on the flyer. MOTION: That Council direct the Town Manager to open negotiations with the no charge, Bill Frass, Ken Johnson, committee to discuss with them the structure of a review in order to maintain the current level of services we now enjoy; to maintain our existing police employees; and to do that with the idea of how to balance the budget or narrow the shortfall that we see going on annually, and I would include in that a study or report of the possibility of a public service special tax:; what would be involved; what the cost would be; what the experience has been with Fairfax and any other Communities, and have the Town Manager report back either at the next meeting or the following meeting as to the time this volunteer committee believes it would take to do that. Moved: Thayer Motion died due to the lack of a second. ,.... , TOWN COUNCIL MINUTES #1092 July 3, 1996 6 ,....... MOTION: Direct the Town Manager to explore with the volunteer committee the scope of work and time it would take to study the question of how to keep our police force intact; how to maintain the current level of services in the context of closing the budget gap as it relates to police services; and included in this study would be looking at a special district tax: like the one in Fairfax:. Moved: Thayer, seconded by Thompson Councilmember Ginalski questioned if there was any room in the motion to have the whole budget on the table for discussion as opposed to a specific group. Mayor Wolf noted a budget committee that the Council wants to form for the more non-technical areas could take on looking at the other departments. Councilmember Thompson noted the Council is not just looking at the police department, there will be a special committee to look at the other departments. Vote: AYES: Thayer, Thompson, Wolf NOES: Hennessy, Ginalski Mayor Wolf called for a ten minute recess. - H. UNFINISHED BUSINESS 10. "GREEN CAN" YARD WASTE PROGRAM - Discussion ofMVRS Rate Structure. Finance Director Stranzl reported this item is for Council's review of the rate structure charged to commercial accounts for the Green Can program. The primary concern of the business community is that they are being charged a fee for a program that they cannot take advantage of. He noted that if Council reduced the commercial rate of6.4% to 5.4% it would increase residential customers' rates by 60 cents annually. Mayor Wolf questioned what the burden on the merchants is now, and what would a reduction to 3.4% mean? Stranzl noted that 25% of the cost of the program is charged to the commercial accounts. Rick Powell, MVRS, reported the Council has the authority to change the funding distribution any way it wishes. He noted the average commercial account increased $25/mo. He reported the Green Can program has resulted in exceeding the tonnage collected through the three yard waste only collections. He reviewed three scenarios for the Council's consideration resulting in an increase to residential customers by 60 cents to $1.90 annually. Polly Smith, 10 Barner Lane, reported the Tiburon Peninsula Recycling Committee does not feel the rate structure should be changed. AB 939 is a requirement of each community and residential and commercial accounts benefit if the Town meets it goals. If the Town does not meet its goals, fines will be charged and perhaps commercial account will pay more based on volume. -- TOWN COUNCIL MINUTES #1092 July 3, 1996 7 Steve Sears, Sam's Anchor Cafe, reported his annual garbage bill is $40,000. He noted he employs people to recycle his garbage by hand. He reported Sam's does not have any yard waste, and feels he is being unfairly tax:ed when it comes to the Green Can program. -. Town Manager Kleinert reported he has received letters from Tutto Mare, Sweden House and Rooney's indicating they want to participate in the cost of the program, but not to the extent they are currently. Council concurred that commercial customers are being unfairly charged for a service they cannot use. Mayor Wolf noted commercial costs for the Green Can program range from $1 - $300 per month. She felt perhaps the 6.4% rate should be charged to commercial accounts with a maximum cap. Councilmember Hennessy felt the increase to residential accounts is insignificant if the commercial rate is reduced to 3.4%. MOTION: Moved: Vote: To reduce the commercial rate to 3.4% effective October 1, 1996. Hennessy, Seconded by Thompson AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski F. CONSENT CALENDAR Councilmember Ginalski requested Item 5 be removed from the Consent Calendar. -. MOTION: Moved: Vote: To approve the consent calendar, as amended, consisting of: 2. TOWN COUNCIL MINUTES -June 5, 1996 and June 19, 1996 (Approval) 3. TOWN MONTHLY INVESTMENT SUMMARY -May31, 1996 (Receive) 4. NINTH ANNUAL CHAMBER OF COMMERCE CHILI FESTIVAL - Saturday, September 7, 1996 (Approval) 6. AMICUS CURIAE REQUEST - City of Angoura Hills, Berkeley & San Jose 7. APPLICATION FOR RECEIPT OF FEMA FUNDING - WINTER 95/95 STORM (Resolution) Hennessy, Seconded by Thompson AYES: Unanimous 5. RESOLUTION GRANTING APPEAL RE: CERTIFICATE OF COMPLIANCE - "Derryberry" Property, Landmarks Society - Owner (Adoption) Fran Mayberry, Vistazo West, reported she sent the Council a letter on June 21, 1996 requesting reconsideration of the decision on the Derryberry property based on: 1) when the property was -. TOWN COUNCIL MINUTES #1092 8 July 3, 1996 " _ turned over to the Landmarks Society it did not appear the lot was developable; it was given to be used as open space, and 2) there has never been a survey by the Town as to the square footage of the lot. She noted the R-2 zone is very specific as to square footage and slope. Attorney Danforth noted that reconsideration of the Council's action is not agendized for this evening. The matter could be agendized for reconsideration at a later date. Councilmember Hennessy noted when the Council made the decision on this property, the Council was not deciding if the property was a buildable lot. Engineer Mohammadi noted the Council only voted that the lot was a legally created lot. Mayor Wolf noted the Council approved the lot as a legal lot, not a developable lot. MOTION: Moved: Vote: To adopt the Resolution Granting Appeal. Thompson, Seconded by Hennessy AYES: Hennessy, Thayer, Thompson, Wolf NOES: Ginalski C. PUBLIC OUESTIONS AND COMMENTS John Kern, 166 Stewart Drive, requested Council consider traffic relief at the intersection of Stewart Drive and Tiburon Blvd. "......, Engineer Mohammadi noted CAUrRANS' position is that they are willing to maintain and assume any liability on any improvements, but they are unwilling to pay for the improvements. He noted there are grants available and he would like to apply for a grant to perform a traffic study on the intersection. He noted possible improvements would be a traffic signal or a left-hand acceleration lane. Planning Director Anderson noted the Town will need to amend the General Plan to improve the intersection. 8.E. PROPOSED TOWN FY 1996-98 BUDGET PROGRAM - FORMATION OF BUDGET OVERSIGHT COMMITTEE Mayor Wolf requested the ARK and II report the Town is looking for people with experience in finance and operations, budgets, and management reporting. 9. REPEAUADOPT NEW CHAPTER 19 OF TOWN MUNICIPAL CODE - ENCROACHMENT PERMITS (Ordinance, 1st Reading) MOTION: Moved: Vote: To waive staff report. Hennessy, Seconded by Thompson AYES: Unanimous "......, TOWN COUNCIL MINUTES #1092 July 3, 1996 9 .' "' .;' __ Mayor Wolf opened the public hearing. There being no response, Mayor Wolf closed the public hearing. , MOTION: Moved: Vote: To read by title only. Hennessy, Seconded by Ginalski AYES: Unanimous Mayor Wolf read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TlBURON REPEALING CHAPTER 19 AND ADDING A NEW CHAPTER 19 OF THE TffiURON MUNICIPAL CODE WITH RESPECT TO ENCROACHMENTS" MOTION: Moved: Vote: To pass first reading. Hennessy, Seconded by Thompson AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf 8.A. PROPOSED 1996-98 BUDGET PROGRAM - Overview of Current and proposed Capital Improvements ~ Finance Director Stranzl provided a brief overview of the 1996-98 Capital Improvements Program. Town Engineer Mohammadi indicated that the street improvements proposed for the two year program were selected on the basis on condition and usage. Mayor Wolf urged Staff to coordinate with the County concerning street work performed on Greenwood Beach Road and Mar East. Town Manger Kleinert indicated that grant funding would be required to fund Elephant Rock renovations. The Council and Manager discussed the pending Harroman open space acquisition and the timing of the special election concerning full funding of the purchase. K. ADJOURNMENT There being no further business of the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 11 :35 P.M., sine die. /f/'CO~ ?v~ NiCKY WOLF, MAYOR ATTEST'~ DIANE L. CRANE, TOWN CLERK ~ I TOWN COUNCIL MINUTES # 1092 July 3, 1996 10