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Home My WebLink AboutTC Min 2019-04-03 TOWN COUNCIL SPECIAL AND REGULAR MEETINGS MINUTES SPECIAL MEETING —6:00 P.M. On April 3, 2019. the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Fraser.. Councilmember Thier, Councilmember Weiner, Vice Mayor Fredericks. Mayor Kulik CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9 (d)(1)) Name of Case: People of the Stale of California vs. Rosna Tjuatja, Marin County Superior Covert No. CIV 1801979 2. CONFERENCE WITI-I LEGAL COUNSEL EXISITNG LITIGATION (Government Code Section 54956.9 (d)(1)) Name of Case: Tiburon Open Space Committee, et al. v. County of Marin—Marin County Superior Court—Case No. CIV 1704069 3. Public Employee Performance Review: Government Code Section 54957 Title: Town Manager INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS • Maxwell Haning • Eric Woodward ADJOURNMENT—to regular meeting REGULAR MEETING —7:30 P.M. Mayor Kulik called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday. April 3, 2019. in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kultk, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chants. Town Attorney Stock, Director of Community Development Kwon, Director of Administrative Services Sweitzer_ Page 1 of 7 Town Council Mimae.e =-06-2019 �,Ipril 3, 20111 Director of Public Works/Town Engineer Barnes, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY The Mayor announced the Council had met on two items in closed session. He said in regards to the Tiburon Open Space matter. the Council heard and update regarding the litigation and provided direction to the Town Attorney. The Mayor said in regards to the Rosea Tjualio matter involving a code enforcement action at 6 Acela Drive, the Council voted 5-0 to accept the settlement agreement that will resolve the code enforcement action. He said a copy of the settlement agreement is available for public review with the Town Clerk. ORAL COMMUNICATIONS Suzanne Morgan, Belvedere resident.. asked for the Council's endorsement of a petition asking Amazon to carry out a pilot program in Marin County to pickup and reuse delivery boxes. Barbara Winter, Belvedere resident. spoke in support of the aforesaid petition and urged the Council to support it. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of March 6, 2019 special and regular meetings (Department of Administrative Services) CC-2. Town Council Minutes—Adopt sunv»ary of March 15, 2019 Town Council retreat (Department of administrative Services) CC-3. Town Council Minutes— Adopt minutes of March 20, 2019 special and regular meetings (Department of Administrative Services) CC-4. S Rolling Hills Road —Adopt resolution partially granting appeal of Site Plan and Architectural Review (Community Development Department) CC-5. Virginia Utility Undergrounding District— ANvard construction management contract to Green Valley Consulting, Engineers in the amount of$128,215 (Department of Public Works) CC-6. Investment Summary —Adopt investment summary for month ending February 28, 2019 (Department of Administrative Services) Vice Mayor Fredericks removed Consent Calendar Item No. CC-2 for amendments. MOTION: To adopt Consent Calendar Items 1. and 3-6. as written. Page 2 q1'7 Toivi? Com7cil Mimaes L'06-2019 April 3, 2(119 Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous CC-2. Town Council Minutes—Adopt summary of March 15, 2019 Town Council retreat (Department of administrative Services) Vice Mayor Fredericks made the following amendments: • On Page 2, Draft Town Council Protocols Policy Section. Item No. 4 to read: "Continue the practice of councilmember requests to add items to future agendas during the Town Council Reports section of meeting agendas." • On Page 3, Housing: State Legislation and Tiburon Challenges Section, Paragraph 2 to read: "...proposed legislation that may limit the authority of local jurisdictions to require housing projects to comply with existing land use and zoning regulations, particularly as applied to multi unit developments with affordable units .." MOTION: To adopt Consent Calendar Item No. 2, as amended. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous ACTION ITEMS AI-1. Virginia Utility Undergrounding District—Consider adoption of Resolution of Issuance authorizing issuance of Series B Bonds and amendment to the Town's Debt Policy (Office of the Town Manager) Town Manager Chanis reviewed the history of the Town Council actions taken on the Virginia UndergrOUnding District project. He said the project was bid and awarded earlier this year, but to begin the work, the Town must authorize the sale of Series B bonds. Ne said the Council is considering approval of a Resolution of Issuance that will appoint Stifel NicolaUS & Company as the underwriter of bonds, approve the form of the First Supplemental Bond Indenture, approve the form of the Bond Purchase Agreement, approve the form of the Continuing Disclosure Agreement, approve the form ofa Preliminary Official Statement and authorize the Mayor, Town Manager and Director of Administrative Services to execute any documents necessary to accomplish the issuance of the bonds. The Town Manager said the Council is also asked to consider a minor amendment to the Town's Debt Policy to add language regarding procedures related to continuing disclosure for publicly sold debt. He also noted that the Council should consider the amended documents provided at the meeting, as the draft resolution and policy originally provided incorrectly referred to the Director of Administrative Services as the Finance Director. Councilmember Thier asked for confirmation that the blank spaces in the documents will be finalized before signing. Staff confirmed this point. Pcrge 3 q/'7 Town Cozznci1111Iimites 1106-2019 April 3. 2019 Mayor KUIik opened the floor for public comment. There was none. MOTION: To adopt the Resolution of Issuance. as amended by the Town Manager. Moved: Fredericks, seconded by Fraser VOTE: AYES: Unanimous MOTION: To approve the amendment to the Town's Debt Policy, as amended by the Town Manager. Moved: Fredericks, seconded by Fraser VOTE: AYES: Unanimous AI-2. General Fund Reserves Update— Receive report fi-om Town Manager regarding various Fund Reserves (Office of the Town Manager) Town Manager Chanis gave the Council an update on the To,,v n's General Fund Reserves. He said the Town maintains three categories of reserve Funds: policy-directed, discretionary set- asides and restricted. He reviewed each set of fund balances as of 6/30/l 8. and the expected balance as of 6/30/19. He said the estimated unallocated general fiord reserve balance at the end of the fiscal year is expected to be approximately $1.37 million. Chanis showed a graph comparing the fiscal year end totals over the last ten years, and highlighted a large transfer of funds out of the reserves account toward the Town's pension and OPEB trust funds. He also noted that there is growino competition for use of these funds, and several upcoming projects may require use of the general fund reserves. Mayor Kulik opened the floor for public comment. There was none. Report accepted. AI-3. Town Council Committee Appointments—Consider formation and member appointments for- Sustainability/Environmental standing committee (Department of Administrative Services) Town Clerk Stefan] said COLlnei1111e111ber Weiner had recently requested an item added to a future agenda for the Council to consider 1-01-1111111-1a comm]ttee to study the Town's sustainability practices. She said the Council should consider the formation of a committee, determine whether it would be a standing or ad hoc committee, and appoint members. COUneIlmen7ber Welner said there is a clear interest In sustainability Issues and solutions around Town, and the creation of a Council comm]ttee could allow the Town to become more actively engaged in the process. He liked the Idea of regular reports back to the COLllleil, and welcomed other ideas for an efficient use of the committee. Page 4 q/7 7'mi,n Council Mimiles 1106-2019 .-April 3. 2019 Town Attorney Stock clarified the difference between an ad hoc committee (a committee with a defined purpose with a limited time fi-ame) and a standing committee (broader mission for indeterminate time frame). He said an ad hoc committee would consist of two councilmembers, whereas a standing committee could include members of the public. Vice Mayor Fredericks recommended the Council start with an ad hoc subcommittee of two members to research other local and regional efforts on sustainability, avoid duplicative programs, and decide on a mission for a broader committee to be more effective. Mayor Kulik opened the floor for public comment. There was none. Fredericks said there are many ways to address climate change and sustainability and it would be more efficient to have a good concept of what the committee will do and address so the committee will be able to take measurable action beyond delivering reports. COuncilmernber Fraser said other cities in Marin have similar initiatives, so an ad hoc committee to study what else is being done would be a good idea. He said it would take more research to better define a broader committee's initiatives and mission. Fredericks suggested the ad hoc committee look at what other cities are doing, how residents can get involved and what the exact mission of the committee might be. Mayor Kulik asked for volunteers to serve on an ad hoc committee. The Council agreed Councilmember Weiner and Vice Mayor Fredericks would serve on the committee. MOTION: To create an ad hoc subcommittee on Sustainability to research and analyze potential avenues for the Tovn to be involved in sustainability activities, develop a mission for a sustainability committee and make recommendations to the Council on actions to take, and to appoint Councilmember Welner and Vice Mayor Fredericks to the ad hoc subcomm ittce. Moved: Weiner, seconded by Kulk VOTE: AYES: Unanimous AI4. Single-Use Food Service Ware Ordinance— Discuss and provide direction to staff regarding possible ordinance related to single-use food service wares (Office of the Town Manager) Town Manager Chanis said Councilmember Thier had recently requested an item on a future agenda for the Council to consider adopting a single-use food service wares ordinance. Chanis said staff was looking for direction ft-0111 the Council as to whether or not to study and draft an ordinance. Councilmember Thier said a single-use food service ware ordinance would continue the Town's commitment to environmental sustainability. and said the Town of-San Anselmo (among others) had recently adopted this ordinance. She said this ordinance would help the Town achieve its zero-waste goals by 2025. Page 5 q/ 7 Town Coi117cil Mingles #06-2019 April 3, 2019 She said the ordinance would ban polystyrene materials and materials containing fluorinated chemicals, would require patrons to request certain service ware items (straws, forks, etc.) from vendors and require those items to be made of compostable materials. She said there are grants available to help local stores and vendors comply with the regulations. Mayor Kulik opened the floor for public comment. Pat Barnard, Andrew Drive, spoke in support of the ordinance and hoped Tiburon would become plastic-free. Another citizen noted the "plastic problem" and said there is funding available to help businesses comply with regulations. He offered to serve on a Town sustainability committee. Barbara Bogart, Mill Valley and Sierra Club representative, spoke to the importance of having a single ordinance consistent throughout Marin County. Janice Reynolds, representative from the sustainability commission in San Anselmo, said she wrote the ordinance and was available to assist fiurther. She said San Anselmo is now implementing the ordinance with assistance from a Zero Waste Marin grant. Chance Cutrano, co-chair of the Sierra Club Climate Solutions Com117ittee in Marin County, said San Anselmo set a date certain for when their ordinance would go into effect and used grant funds to help implementation. He recommended Tiburon use the same grace period to allow food vendors to become acquainted with the new materials. Mayor Kulik closed the floor for public comment. Vice Mayor Fredericks supported the ordinance. but expressed concern about enforcement. She noted that community and merchant engagement will be an important parr of the process. She recommended also speaking with local school districts. Councilmember Fraser agreed that outreach to merchants. schools and the greater comnumity to help them better understand the regulations would be important. 11e liked the idea of setting a date certain for review and implementation and supported the idea of having a consistent ordinance throughout Marin County. Councilmember Wehner a�0reed. and suggested developing an outreach plan to quickly communicate with local businesses and the school district to move forward quickly. Mayor Kulik suggested a community outreach form» and to conduct an impact analysis on local residents and businesses. He liked the idea of an implementation plan to ensure that the regulations and the timeline will be clear for all those impacted. 1-le thouLht this would be an excellent first task for the new sustainability ad hoc committee to review and make a recommendation to the Council for a timeline. Page 6of7 Town Council A7imaes 406-2019 April 3. 2019 COUncilmember"Thier asked the COunCll to consider setting a date for the subcommittee to return to the Council with a recommendation, and perhaps draft ordinance, to ensure this moves forward quickly. She recommended the first Town Council meeting in .lune (June 5). The Council agreed that the subcommittee would report back to the full Council on or before June 5, but not necessarily with a draft ordinance, to ensure there is enough time for proper outreach to the community. TOWN COUNCIL REPORTS Vice Mayor Fredericks reported on several housing bills the Marin County Council of Mayors and Councilmembers legislative committee is studying. She said she had been appointed to represent the Marin cities at the Association of Bay Area Governments legislative task force meeting on housing. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Kulik adjourned the meeting at 9:10 p.m. i - f DA KULI k. MAY( ATTEST: LEA STEFANI, TOWN CLERK P(We 7(#7 Town Council JAPI les #06-2019 April.3, 2019