HomeMy WebLinkAboutTC Min 2018-06-20 TOWN COUNCIL
REGULAR MEETING
MINUTES
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, June 20, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik. Thier, Welner
ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chams, Town Attorney Stock,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Barnes, Management
Analyst Creekmore
ORAL COMMUNICATIONS
There were none.
PRESENTATION
P-1. Recognition of Town Services - Vince de Quattro, Heritage & Arts Commission, 4
years
The Mayor presented Vince de Quattro a commemorative plaque to thank him for his time serving
the Heritage & Arts Commission.
CONSENT CALENDAR
CC-1. Town Council Minutes - Adopt minutes of June 6, 2018 special and regular meetings
(Town Clerk Stefani)
CC-2. Municipal Code Amendments - Approve ordinance making amendments to Title V1,
Chapter 20 of the Tiburon Municipal Code (Animals) (Community Development
Department)
CC-3. League of California Cities Voting Delegate-Approve appointment of voting delegate
to League of California Cities annual business meeting in September (Town Clerk
Stefani)
Town Council AOinutes 915-2018 June 20, 2018 Page 1
CC-4. 138/142 Rock Hill Road - Approve Parcel Map for creation of two lots and approve
related agreements for subdivision improvements and installation of maintenance and
landscaping (Community Development Department)
CC-5. Investment Summary - Adopt investment summary for month ending May 30, 2018
(Director of Administrative Services Bigall)
CC-6. Town Budget and Gann Limit Resolution - Adopt resolution approving Fiscal Year
2018-19 Tiburon Municipal Budget and Capital Improvement Program and Gann limit
appropriations limit for Fiscal Year 2018-19(Office of the Town Manager/Department of
Administrative Services)
MOTION: To approve Consent Calendar Items 1-6, as written.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Unanimous
PUBLIC HEARINGS
PH-1. Municipal Code Amendments - Consider amendments to Title VI, Chapter 28
(Smoking and Tobacco Regulations)of the Tiburon Municipal Code relating to smoking
- Introduction and first receding of ordinance
Director of Community Development Anderson said the Town has had tobacco and smoking
regulations in place since 1992, which have been updated periodically. Director Anderson said the
Council heard from a resident earlier this year whose child was being exposed to secondhand smoke
through an adjoining condominium unit.He said staff then received word from the County of Marin
that"Tiburon was the last community in Marin County that did not prohibit smoking in all attached
dwelling units. He said the proposed ordinance now reflects what is common among all Marin
County jurisdictions.
Director Anderson said the proposed ordinance prohibit smoking in all attached dwelling units and
streets, sidewalks and recreation areas open to the public.He said the ordinance also establishes the
responsibility of the Homeowners Association to establish and implement a smoke-free policy.
Anderson said the proposed ordinance also includes provisions that will also prohibit the sale of
tobacco or smoking products by pharmacies in Tiburon and increase fines for violations.
Of the possible fiscal impact, Director Anderson said staff does not believe there will be a direct
negative fiscal impact.He said this ordinance will affect approximately 1000 units in Tiburon,so an
increase in complaints about violations will likely be heard by staff and the police.
Councilmember Fredericks raised a concern about specific language in the ordinance. Town
Attorney Stock and the Council discussed the implications of the language usage, and determined it
would be best to restore the definition of `reasonable distance' to read as `at least 25 feet' and
remove the `at least' from the body of othe ordinance where appropriate.
Town Council Minutes #15-2018 June 20, 2018 Page 2
Councilmember Thier said she was in favor of the ordinance, and expressed the desire to regulate
secondhand smoke further to detached residences. She said she was pleased the Council was able to
help the families of young children who have been negatively impacted by secondhand smoke, and
said the prohibition of smoking in recreational public areas was an accomplishment.
Vice Mayor Kulik asked staff to discuss enforcement of the ordinance. Chief of Police Cronin said
complaints are handled on a complaint basis. He said violations are written up for review by the
Chief of Police for administrative citation of$100. He added that per the Government Code, the
maximum fine for repeat offenders is $1000.
Mayor Fraser opened the floor for public comment.
Matthew Sundstrom said his young daughter had suffered from secondhand smoke exposure and
thanked the Council for their efforts to make their family feel safer living in Tiburon. He spoke in
support of the ordinance's provision that allows the individual homeowners associations to handle
violations first. He also thanked Smoke Free Marin, and encouraged the Council to utilize their
resources for implementing the ordinance.
Bob Placak spoke in support of the proposed ordinance and asked the Council to consider somehow
including detached and private homes in the prohibition.
Bob Curry, Program Manager of Marin County's Tobacco Control Program, thanked the staff and
the Council for their efforts on this ordinance.
Hannah Ledum,Smoke Free Marin Coalition intern,spoke in support of the proposed ordinance and
passed out a packet of resources for the Council to help with implementation of the ordinance.Miss
Ledum also spoke briefly about the dangers about the usage of vaporizers by teenagers.
Olivia Carpenter,recent high school graduate,also spoke about the negative effects of vaporizers and
electronic cigarettes. She said teenagers litter the high school parking lots with empty cartridges. She
hoped the passage of this ordinance will improve the health of local children and students.
Elizabeth Emerson, Smoke Free Marin Coalition,said the coalition is in support of all the provisions
of the ordinance and spoke about the financial health and safety benefits of owning a smoke-free
property. She said there has been a measured decrease in smoking-related fires with the passage of
these ordinances in communities, and offered the support and resources of the Coalition.
Mayor Fraser closed the floor.
Councilmember Fredericks spoke in support of the ordinance, and added that there are ways to
privately enforce a stricter ordinance.
Councilmember Thier also spoke in support of the ordinance, and said she would like the staff to
research further smoking prohibitions on private properties with detached single-family dwellings.
Torun Council Minutes #15-2018 June 20, 2018 Page 3
MOTION: To introduce the ordinance and read by title only, waiving:further reading and schedule
for adoption at the next regular meeting.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Unanimous
Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon Amending
Provisions of Title VI, Chapter 28 of the Tiburon Municipal Code (Smoking and Tobacco
Regulations)".
ROLL CALL VOTE: AYES: Fraser, Fredericks, Kulik, Thier, Wehner
AC'T'ION ITEMS
AI-1. Special Event Permit - Consider special event permit for the RCP Tiburon Mile
swimming event (Office of the Town Manager)
Town Manager Chanis said the RCP Tiburon Mile is a competitive swim event between Angel
Island and the shoreline of Sam's Restaurant in downtown Tiburon. He said the event, founded by
Tiburon resident Robert Placak, has been held every year since 1999 (save for a modified event in
recent years due to unfavorable tides), and raises money for charity.
Chanis said the event planners have worked closely with town staff to minimize negative effects on
the community,and staff has always found this event to be very well-organized in both the safety of
the swimmers and respect for the surrounding community and the Town's event policy guidelines.
Mayor Fraser opened the floor for public comment.
Robert Placak said the goals of the event are to raise money for charity,to create a community event,
and have a world-class swim race. He added that several well-known Olympic swimmers would be
in attendance this year.
Michelle Forsythe-Manso, Event Director, said this event was well-organized, and many of their
long-standing volunteers would be participating again. She said this event is wonderful for the
community.
Mr. Placak introduced his son, Robert, who said lie was excited to participate in the event with his
friends.
Councilmember Thier thanked the Placak family for organizing this community event for many
years, and said their service deserves to be acknowledged for their incredible work in raising over a
million dollars for charity and drawing world-class swimmers to Tiburon.
Councilmembers Fredericks and Welner also spoke in support of the event, and said this is a great
example of an event that brings the community together.
Town Council Minutes #I5-2018 June 20, 2018 Page 4
MOTION: To approve the RCP Tiburon Mile special event permit.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Unanimous
AI-2. Angel Island Fire Protection Services Agreement - Consider agreement with the
California Department of Forestry and Fire Protection (Cal Fire) for providing fire
protection services on Angel Island (Office of the Town Manager)
Town Manager Chanis said the Council may recall a 2008 brush fire on Angel Island that burned a
significant amount of the vegetation on the island, which was eventually brought under control by
the combined efforts of several agencies. He said it was then discovered that Angel Island does not
fall under-any jurisdiction for fire protection services, so the Town entered into agreement with Cal
Fire to provide those services in 2012. He said the agreement was renewed in 2015, and tonight the
Council is asked to renew the agreement again.
Mayor Fraser opened the floor for public comment. There was none.
MOTION: Adopt the Resolution approving an agreement with the State Department of Forestry and
Fire Protection and the State Department of Parks and Recreation,authorizing the Town
Manager to negotiate and execute the final agreement.
Moved: Fredericks_ seconded by Thier
VOTE: AYES: Unanimous
AI-3. Transportation Authority of Marin Sales Tax-Receive presentation from TAM and
consider approval of final sales tax expenditure plan(TAM/Office of the Town Manager)
Dianne Steinhauser, Executive Director of the Transportation Authority of Marin, made a
presentation of the final transportation sales tax renewal expenditure plan. She said TAM is seeking
the approval of all Marin County municipalities and the Board of Supervisors. She first summarized
the thorough process TAM has undertaken to propose the sales tax renewal for the November ballot,
including the creation of an advisory committee to develop a detailed and improved expenditure
plan. She said TAM briefed all Marin County cities and the Board of Supervisors earlier this year,
listened to feedback, and made changes to the expenditure plan before the Board of Commissioners
unanimously approved the plan in April.
Ms. Steinhauser said the advisory committee tried to balance keeping the tax the same and funding
the most important needs in the plan. She said the advisory committee also considered other revenue
sources and was careful to make sure the expenditure plan and the other revenue sources worked
together and complemented each other.
Ms. Steinhauser highlighted the major changes that had been made to the plan:
• Include greenhouse gas emission reductions as one of the plan goals
• Increase funding for Safe Routes to School essential components,including crossing guards
Town Council Minutes 415-2018 June 20, 2018 Page 5
• Increase funding for electric vehicle infrastructure
Ms. Steinhauser acknowledged the benefits of local Yellow School Bus programs for congestion
reduction, and said the plan both increases funding for local streets and roads and gives the cities
more flexibility in using these funds on local Yellow School Bus programs. She said these programs
are a top priority. so Marin Transit intends to develop a mechanism over the next year to distribute
funding for these programs in a more equitable fashion,and the TAM Board of Commissioners will
soon be considering an item to dedicate sales tax interest revenue to Yellow School Bus programs.
Ms. Steinhauser said her purpose tonight was to seek approval from the Town Council for the final
sales tax renewal expenditure plan. She said the next step will be for the TAM Board of
Commissioners to consider if they want to proceed to the November ballot.
Mayor Fraser thanked Dianne Steinhauser for her presentation. He said Tiburon's Yellow School
Bus program has been supported by Tiburon and Belvedere for several years, and expressed
disappointment that other school districts are getting more funding. He said Tiburon's local bus
program needs finding soon,and recommended TAM and Marin Transit consider a readjustment of
existing funding soon.
Ms. Steinhauser said it will take some time to do analysis and project funding options, but
encouraged Marin Transit to accelerate their process so the Town could know what support they
could receive soon.
Fraser recalled Marin Transit was considering forming a group to study how to more equally
distribute funds, and requested that group include representatives from Tiburon and Belvedere.
Nancy Whelan, Marin Transit,said there are funding obstacles ahead and Marin Trainsit is trying to
determine the best course of action. She thought the best path forward would be to come to
agreement quickly regarding find distribution,but another reliable funding source needs to be found.
Stephanie Moulton-Peters also assured the Council that the reallocation of funds is being studied,but
it will take time to unwind the legacy funding programs to figure out a solution, and it will not wait
until it is known if the sales tax measure passes. She reiterated the provision in the expenditure plan
that local road dollars may now be allocated toward Yellow School Bus programs.
Councilmember Fredericks asked for clarification if Senate Bill 1 funds are available for Yellow Bus
programs. Ms. Whelan confirmed they are not.
Councilmember Thier thanked the Mayor for his comments on local Yellow School Bus program
funding, and thanked TAM for their hard work on this measure. She commended them on their
public outreach. She thought the Council should support the plan, and felt reassured that the
Council's concerns would be addressed.
Town Council Minutes 415-2018 June 20, 2018 Page 6
Councilmember Welner asked Mayor Fraser if the issues he raised would merit not supporting the
proposed plan. The Mayor said he is in support of the expenditure plan, and also felt reassured that
his concerns would be addressed and studied.
Mayor Fraser opened the floor for public comment. There was non.
MOTION: Adopt the Resolution approving the Transportation Authority of Marin's final sales tax
expenditure plan.
Moved: Thier, seconded by Fredericks
VOTE: AYES: None
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
Town Manager Chains said two members of the public spoke at the last Town Council meeting
related to a decision made by the Council on May 2, 2018. He said those individuals requested the
item be placed on a future Town Council meeting agenda. He asked the Council for direction.
Mayor Fraser confirmed this item would not be placed on a future agenda.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council of the own of Tiburon, Mayor Fraser
adjourned the meeting at 9:10 p.m.
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ATTEST:
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LEA STEFAN , TOWN CLERK
Town Council Minules #15-2018 Jime 20, '018 Page 7