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HomeMy WebLinkAboutTC Minutes 2014-09-03TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, September 3, 2014, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Public Works /Town Engineer Barnes, Director of Community Development Anderson, Police Chief Cronin, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. PRESENTATIONS Homelessness in Marin — Two Presentations on the issue of Homelessness in Marin: a. Marin Organizing Committee and REST Regarding Creation of a Regional Shelter (presented by Rev. Dr. Curran Reichert of CCC Tiburon; Rabbi Chai Levy of Congregation Kol Shofar, and Gail Dorph, MOC leader and member of Congregation Kol Shofar) b. Marin County Council of Mayors and Councilmembers Homeless Policymaker Subcommittee Chaired by San Rafael Councilmember Kate Colin (presented by Jason Satterfield, Marin County Housing Analyst and Joe Hegedus of the Marin Partnership to End Homelessness) Mayor Fredericks introduced the speakers and asked for a presentation. Rev. Curran Reichert (Community Congregational Church) spoke first and described the rotating emergency shelter program sponsored by local congregations and the need for a year - round, permanent shelter. She said that the members of the Marin Organizing Committee wanted to work with the Town to make this a reality. Town Council Minutes #13 -1014 September 3, 2014 Page 1 Rev. Reichert described the REST (Rotating Emergency Shelter Team) program and its work; she said the shelters, which are open from mid - November to mid -April, are operated by St. Vincent de Paul staffers, and other volunteers (including members of the congregations represented at the meeting). She said that last year, there were 2000 volunteers at the REST program; and since that time, 19 "guests" had found housing. But she said it was no longer sustainable for the various churches to maintain the temporary shelters indefinitely. Gail Dorph of Congregation Kol Shofar said that the rotating shelter program was meant to be a temporary solution created in response to a particularly cold winter; she said it was now in its seventh year of operation. She described what would be needed for a permanent shelter; that it would operate the same hours as the current shelter, from 5 p.m. until 7 a.m., and would have room for the same number of guests (40 men and 20 women). She said it would need room for sleeping and eating, be ADA compliant, and have parking for volunteers. She said the guests would continue to be evaluated each night for their ability to live in community.. She said that the committee had received the help of a commercial broker to identify several sites in SB -2 zones or County-owned sites. She said the shelter was estimated to cost $1.25 million for upkeep, staffing and rent, as compared to the $350,000 annual cost now. Ms. Dorph described a funding strategy of cost sharing between the County and the 11 cities in Marin, along with independent fundraising. She estimated one equal portion cost and one part based on population (for the cities). The total would translate to approximately $17,000 for the Town of Tiburon. Rabbi Chai Levy of Congregation Kol Shofar said the congregation, like CCC, was a founding member of the Marin Organizing Committee. She said the Torah teaches us to give back and to take care of those in need. She said that homelessness was often hidden in communities such as Tiburon but that it did exist. She said that each guest in the REST program is treated with dignity and respect and that the program does make a difference. She cited the tale of the Exodus from Egypt in which the bravery of one person who was willing to step forward had caused the Red Sea to part; she said it would be the same for this proposal to create a permanent shelter. Before the second presentation, Council posed some questions of the speakers. Councilmember O'Donnell asked whether the permanent facility would offer psychiatric care or any other support services. Ms. Dorph agreed that additional services are needed but that the permanent shelter would primarily continue to provide shelter as it does now. She said the strategy was to first find a year -round site, then move forward with additional services in the future, if possible. Mayor Fredericks asked for clarification of a statistic stated by one of the speakers about the number of people served by REST. Ms. Dorph clarified that it was 60 persons per night, serving approximately 400 different individuals over the season, and that 19 of those had found permanent housing. Town Council Minutes #13 -2014 September 3, 2014 Page 2 Councilmember Fraser noted that there is room for 55 guests at Mill Street [shelter in San Rafael] and 60 in the REST program per night, but wondered how many people throughout the County were seeking housing. Ms. Dorph said that the next speaker might be able to address this question. Joe Hegedus, Marin Partnership to End Homelessness, provided a handout to the Council and public that answered this and the most frequently asked questions. He then showed a powerpoint program, created by the HomeforAll Speakers Bureau, called "Homelessness in Marin". This showed a count that had been made in January 2013 that identified 933 men, women and children who were homeless on one specific day in Marin County. He said that of these, a third lived unsheltered, or in encampments, and the remainder were in emergency shelters or other programs. He described other "precariously housed" folks that were at risk of losing housing (430 in a single day). Mr. Hegedus also said that a common myth was that homeless people don't work; he said that in fact, over 50% of them are employed or have an income source, but not enough income for housing. Most homeless people in Marin are not transients, according to Hegdus. Jason Satterfield, Marin County Housing Analyst, followed up on this presentation with an overview of resources and services available in Marin. He said that the County of Marin had $15.3 million of funding available through HUD and other sources to address the issue of homelessness. He said that shelters are important because they are one of the points of entry into solving the problem of homelessness (Step 1). He said the County would like to see the number of points of entry increase. Satterfield said that Step 2 is "Assessment and Referral'; and Step 3 is "Rapid Rehousing ". Satterfield said that people were directed to the least expensive program first — and that programs could be ranked by cost —Rapid Rehousing (i.e. apartments) are the least expensive program, transitional housing (i.e. dedicated housing) is next in cost, and permanent supportive housing is the most expensive program. Mr. Satterfield said that the County was working on lasting solutions and that the Town could help by participating in the Homeless Policy planning group and support of programs like REST. He provided a website for more information: www.HomeforAHMarin.ora Councilmember Tollini asked whether there were restroom and shower facilities in the shelters. Ms. Dorph said there were no showers now (because the churches act as temporary shelters and do not have these facilities). Tollini also asked about security. Ms. Dorph said that there had been no issues or complaints from the shelters or surrounding communities. She reiterated that the guests were vetted prior to entering the shelters and the plan was to continue this process. Mayor Fredericks opened the item to public comment. Then there were a number of speakers who shared their experiences of working with the program and how it was both personally rewarding and morally necessary to provide this type of service in the community. Town Council Minutes #13 -2014 September 3, 2014 Page 3 1. Joan Brown, member of Westminster Presbyterian Church, part of the REST program, spoke of her positive experiences and the success of some of the guests she had worked with over the years; 2. A member from the Christian Science Church, one of the four churches who bring dinners, read a letter in support of the REST program; 3. Julie Jacobs, Congregation Kol Shofar, participant with her husband and children in serving meals on Sunday nights for the REST program for many years, encouraged the Council to embrace the program; 4. Rob McClellan, Pastor of Westminster Presbyterian Church, site of one of the REST shelters, said there was an opportunity as well as a need to end the temporary program, where there were often no actual beds or showers, by having a permanent location; 5. Roger Gustafson, Associate Pastor of St. Hilary Church, said all humans should be provided with shelter and are entitled to a fair share for the well -being of the whole race. He said we have a moral obligation to attend to those in need and are rewarded in return. In conclusion, Ms. Dorph asked whether the Town was willing to join in the effort to create a permanent shelter. Mayor Fredericks said that because the item was not agendized for action by the Council, she would talk further with Ms. Dorph outside of the meeting. Mayor Fredericks thanked the speakers for their presentation and for their work with the shelter program. CONSENT CALENDAR 1. Marijuana Dispensary Ban —Adopt ordinance making Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the Purpose of Prohibiting Marijuana Dispensaries in All Zones — Adoption of Ordinance (Community Development Department, Town Attorney) 2. Single Use Carryout Bag Regulations —Adopt ordinance adding Chapter 10A to Title III of the Tiburon Municipal Code for the purpose of regulating carryout bags in certain types of establishments — Adoption of Ordinance (Community Development Department) 3. 1897 Mar West Street (McCullough Encroachment Permit Appeal) — Adopt Resolution Granting Appeal of the Public Works Director's Denial of an Encroachment Permit to Install a Driveway, Stairway, Retaining Wall and Parking Area in the Mar West Street Public Right of Way (Community Development Department, Public Works Department) MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous Town Council Minutes 413 -2014 September 3, 2074 Page 4 ACTION ITEMS 1. Dairy Knoll Access Path — Review of improvements, Budget Amendment and Direction to Staff Regarding Construction of a Secondary Access Pathway to Dairy Knoll at 600 Ned's Way (Director of Public Works Barnes, Town Manager Curran) In his report, Director Barnes said that the Council had funded the project to construct a secondary pathway to Dairy Knoll as part of the Town's Fiscal Year 2014 -15 Capital Improvement Plan. He said that $50,000 was set aside for the project, based on a preliminary cost estimate. The Director noted that once engineering design commenced, it had become apparent that the planning level budget was low. He said that the final design optimizes low cost, durability, low maintenance and ease of use, and that the estimated construction cost was $117,000, including a 15% contingency. Barnes noted the total project budget cost of $153,500 also includes the acquisition of property from Chandler's Gate ($5,000), the acquisition agreement requirement to provide a fence between Chandler's Gate and the pathway ($21,654), and the cost of a survey for recording the deed ($2,360). Director Barnes said that staff was working to have the path constructed this Fall, although he said that staff would advise against excavating the hillside for the construction once rain begins. - He recommended that the Council amend the CIP budget to increase the funding for the project and to authorize staff to proceed with bidding and award of contract for the project. l Director Barnes asked for Council questions. Councilmember O'Donnell said that the Council subcommittee had envisioned a different path entirely; he said there is a fairly flat path that goes around the property and circles up the back, through an area of existing picnic tables. He said this was a more "natural" pathway that followed an existing road. He said the proposal before the Council was for a path [stairs] that goes up the steepest part of the property. Vice Mayor Doyle also expressed concern about the steepness of the approach; he asked whether switchbacks in the path had been considered. He said that the steepness of the stairway and its length might be daunting to young children. Town Manager Curran said that some stairs had always been anticipated as part of the project. She said that the plans called for hand rails, as well as multiple landings at various junctures. Curran said that the alignment of the pathway described by Councilmember O'Donnell would terminate at the back of the building rather than the front. She said that the members of the recreation team felt strongly that the pathway needed to terminate at the front office area [rather than at the back] for effective management of the property. She said that there was a question of safety and security, as well, if people entered at the back. Councilmember Fraser asked if the children would be chaperoned when leaving Reed School and coming up to [the after- school programs at] Dairy Knoll. The Town Manager said yes, they Town Council Minutes #13 -2014 September 3, 2014 Page 5 would be, but that there were many users of the building, including weekend rentals, which would have to be taken into account, as well. Councilmember O'Donnell asked whether the path would be maintained by The Ranch, or the cost shared with Belvedere. He expressed concern that the costs of the project continue to rise and are purported to be borne by the Town. Town Manager Curran said that a path in the proximate location was always envisioned as part of the project and that $35,000 had been set aside and was still in the Dairy Knoll project budget. She recapped the agreement between the City of Belvedere and the Town for the creation of Dairy Knoll -- $300,000 for the project, plus $30,000 per year with cost of living increases indefinitely to reimburse capital costs; she said the rest was up to the Town. Councilmember Fraser asked whether there were any other reasons for not just using the existing pathway. Curran said that an all- weather path was envisioned and the existing pathway would not be functional in inclement weather. Councilmember O'Donnell continued to express concern about a massive stairway which was not very attractive. Mayor Fredericks asked whether the stairway would be visible from the other locations. Manager Curran said it would be visible from the Dairy Knoll project if one looked over the railing, but otherwise it would not be very visible. O'Donnell said the committee had envisioned a more natural pathway, in keeping with the "rural" or pastoral setting or Dairy Knoll. Councilmember Fraser said that he had not walked the existing path that was being discussed and said it would be helpful to him to walk it and see it in order to make an informed decision. The Town Manager proposed that the Dairy Knoll committee might meet with staff at the site to have a better understanding of the project. She recommended the Council approve the project and budget amendment with the caveat that it would be brought back to the Council for further discussion if the Dairy Knoll Committee felt that was appropriate after the site visit. Mayor Fredericks suggested that the project be approved conditionally in keeping with the goal of starting construction prior to the change in season; Councilmember Tollini concurred with this recommendation. MOTION: To approve the project conditionally, pending a meeting in the field with the Council's Dairy Knoll subcommittee [Fraser and O'Donnell], and if there are any substantive changes, to return to Council for further review and approval. Moved: O'Donnell, seconded by Tollini Vote: AYES: Unanimous Town Council Minutes 913 -2014 September 3, 2014 Page 6 2. School - Related Traffic — Council Discussion Regarding Next Steps to Develop Options to Increase Ridership on School Buses and Appointment of Council Committee to Develop Recommendations for Town Council Consideration (Town Manager Curran, Chief of Police Cronin) Councilmember O'Donnell said the committee had not met since August 11 and had made its report to Council at the last regular meeting (August 20). Mayor Fredericks asked whether the committee wanted to "reboot"; the answer was affirmative. Councilmember Tollini commented that the outcome of 275 new enrollees into the bus program was certainly not a failure; she said that eventually the [ridership] goal could be achieved. Mayor Fredericks provided some context she thought might be useful to the committee going forward, that is, to make it a "community" service rather than a "bus" service; to frame its mission as congestion relief rather than focusing solely on increased bus ridership. The Mayor said it would be helpful to have supporting data, perhaps developed through a professional survey, showing the linkage among bus routes, number of bus passes, and reduction of car trips. She also said it was important to manage the expectations of the community; she suggested holding progress meetings with the community for reporting and input. The Mayor recommended that the school district appoint a member of the committee, preferably someone who was knowledgeable about the subject matter; she said the school board could appoint the representative but that it would not necessarily have to be a trustee. She asked that the committee make progress reports to the Council. Chief Cronin noted that the timeline was short in terns of the coming school year, as the school district likes to have projections of bus ridership by March, and no later than June, for the coming year. MOTION: To appoint a Council Committee of Fraser and O'Donnell to explore a bus subsidy program in the coming school year that would be a "community program" to reduce traffic congestion on Tiburon Boulevard. Moved: Tollini, seconded by Doyle Vote: AYES: Unanimous PUBLIC HEARINGS 1. Smoking Ordinance — Consideration of Ordinance making Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices (E- Cigarettes) to the Definition Town Council Minutes #13 -2014 September 3, 2014 Page 7 of Smoking — Introduction and First Reading of Ordinance (Community Development Department and Town Attorney) Town Attorney Danforth summarized the change requested by Council at the last meeting, to allow for a one -year grace period on the use of e- cigarettes in multi - family complexes. She said the revised draft ordinance includes the grace period in Section 11.2, which adds a new Section 28- 7(c)(2)(D)• Mayor Fredericks opened the public hearing. There were no comments and the public hearing was closed. MOTION: To read the ordinance by title only Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous Mayor Fredericks 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)." MOTION: To pass first reading of the ordinance and to waive second reading and place the final ordinance on Consent Calendar for adoption at the next regular meeting. Moved: O'Donnell, seconded by Doyle Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini TOWN COUNCIL REPORTS Vice Mayor Doyle Proposal for Small Improvements to Blackie's Pasture Staff provided the Council with copies of drawings prepared by Vice Mayor Doyle showing aerial views of the Blackie's Pasture area. Vice Mayor Doyle had broken the area into number "zones ", which he described and made suggestions for minor improvements to (the addition of a bench or picnic table; the sowing of native grasses and wildflowers; the realignment of some of the crisscrossing "bike" trails; the leveling of a rise to create more useable space, etc.). The Vice Mayor noted that the area could be enhanced for passive recreation in this way, in addition to becoming more of a "destination" rather than just an area to cross to go elsewhere. The Council expressed its general support of these ideas and directed staff to work with Councilmember Doyle to begin shaping a proposal for further consideration. Councilmember Fraser asked to report on a project that had gained momentum last year after the passing of Councilmember Collins. He said there had been energy around creating a monument in his honor, and although the initial proposal, a flagpole, had been tabled, he said he would like to pursue one of the alternate ideas. He said he would meet with staff to work on the idea of some sort of plaque or monument at the Lyford Drive Parking Lot and report back to the Council. Council expressed its general support for the concept. Town Council Minutes #13 -2014 September 3, 2014 Page 8 - TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests July 18 and July 25, 2014 ADJOURNMENT Prior to adjourning, Mayor Fredericks noted the passing of local resident Enoch "Hoch" Calloway, 88 years old, who was a physician and avid outdoorsman. Fredericks said that Dr. Calloway was a pioneer in the field of biological psychology and had written a book called "Asylum„ Mayor Fredericks adjourned the meeting at 9:25 p.m. in memory of Dr. Calloway. ALICE FRED O, ATTEST: DIANE CRANE IA OPI, TOWN CLERK Town Council Minzrtes #13 -3014 September 3, 2014 Page 9