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Home My WebLink AboutTC Min 2020-09-16 TOWN COUNCIL �� RTGULAR MI;�TING MINUTI',S Consistent with Executive Orders No. N-25-20 and N-29-20 ti-om the Executive Department of the State ofCalifoi-nia and thc County Public Health Department's May 18, 2020 Shelter in Place Order, councilmen�bers attended this »�eeting by teleconferei�ce. Members ofthe public were invited to participate in the meetin; by live-streai��ing the meeting oi� the Town's website ai�d submitti�� comments to comments(c�townoftiburon.or<�to be included in the public record for the meeting. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: I=redericl<s, Klilil<, Thier, Ryan, Wel��ei- ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis. Town Attorney Stocl<, Director of Public Worl<s/Town Enbin�er Palmer, Director Tow�� Clerl< Stefani ORAL COli�MiJIVICATIOIVS Len Gellert asked tl�e Cou��cil to get involved in an issue with Mill Valley Refuse Service picicing up refase from the dumpsters at thc Cove Shoppinb Center prior to 7:00 a.m. Hawi Awash asked the Council to continue worl<ii�g towards an oversight co��»��ittee for the � hii•in; of the new Police Chief and adding a reb��lar abenda item 1�or disciission of diversity & � inclusion to the Town Council meetings. � Robbie Powelson from the Tam Cquity Ca��paibn spol.e on behalf of'the a��chora;e community � of Richardson I3ay regarding the removal of residents fro»� their hoi��es by tl�e harbor master. � Amy H. inquired l�ow to learn more about what the Town Cou��cil w-i11 be doin� with the police � force in Tiburon and asl<ed how members oftl�e community can �et more i��volved. CONS�N'T CALENDAR CG1. Town Couneil Minutes — Adopt minutcs of the April 10, 2020 special "i�own Co�u�cil �� meeting (Department o�'Adn�inistrative Ser��ices) CG2. Town Council Minutes — Adopt minutes of the April 15, 2020 special Town Council � meetin; (Depart�r�ent of Administrative Ser��ices) MOTION: Adopt Consent Calendar Items No. 1-2, as ��ritten. �� Moved: `l,hier, seconded by Ryan � VOTE: AYES: F1-edericics, Kulil<, Thier, Ryan, Welnel- Pu,�je 1 q�6 ' Tori�� Cozn�cil Miini�es #19-2020 Sepienabcr 16. 2020 � i �� llISCUSSION IT�MS Councilmember Ryan recused himself from this item because the n�atei-ial bein� disc�issed could have a material financial effect on real property hc: o��i�s. DI-1. Unciergrouncling Update — Stafi� will prese��t ai� ��pdate o�l eurrent utility underb►-ounding districts in Tiburon (Department o1�Public Worl<s) Director of Public Worlcs/Town E��gineer Palmer brie�fed the Council on the three utility under�roui�ding projects in town; the Virgiilia Drive pro,iect, which was recei�tl�� coinpleted; the Hawthorne District pi-oject, which is still in tl�e process of engineering design and preparatio» for bid; and t1�e �I'iburon Boulevard Rule 20A project. recently 1-eapproved by the Council to preserve Rule 20A credits available to the Town. In response to Mayor Predericl<s' question about the PUC te�-»�inatin�� R�ile 20A subsidies, Director Palmer said that the risl< of the 7"o�vn's credits being reallocated was addressed tlu•ough the actions tal<en by Counci) at the Au��st 5`�' meeting. In response to Vice Mayor Thier's question about the costs of the Hawthorne Project, Director Palmer said that estimates �i�d plans were still being reviewed and will be discussed at the i��xt meeting alonb with the conti��gei�cy amount. Mayor Fredericics ope»ed the floor•for public comment. Lynn Feinerma�� said she would like to see undergi•ound utility poles come down all arou��d Tiburon and inquired how u»dergroundin; pi-ojects a�-e ti��ai�ced. The Mayor referred he�•to staff. Elei�a Stevei�s asl<ed l�ow the costs of the Virginia D�-ive project comparc to the costs of the � � � � Hawthorne Dist►-ict project. 'The Mayor also referred her-ro staff. No action tal<ei�. llI-2. Discuss possible creation and scope of a lliversity Inclusion Taslc Force, and other potential actions that were raised by the communit�� stemming from the joint rneeting held by the Tiburon Town Council and Belvedere Cih� Council on August 27, 2020. Town Manaber Chanis referred to the staff report ��l�ich summarizecl some of the recurring the��es raised by the comi��ui�ity at the August 27 6elvedere-Tiburon joint community for�u��, which he said could provide � startin� point for the Co�u�cil's discussion. Mayor F'redericl<s opened the floor for public comment. Suza��ne 1<im suppor-ted efforts ro create a Citizens Oversight Go�nmittee to revirw town policies a��d proced�u-es to make improvement in rega�-d to diversity and incl�ision_ to r�view historical and cur��ent complaii�ts i-e�ardii�g hiring and h-aii�ii�g of police_ and to establish mechanism to �� cont�inually review policies and proced�ires. Pc�ge 2 of�6 Toirn C'ozn7cil Minu[��s #19-2020 � Sep�e�nber 1<, '020 � ' Amy H. felt community oversight is required in the hiri��g of inembers oi� the police force, � referred to the "8 Can't Wait campaign" and de-escalation traii�ing. She also inquired how meir�bers o�Pthe community will be 1<ept infori��ed. Lynne Fei��erman asl<ed for attentio�� to be given to how law enforcement is presenteci to childi-e�� i�� the schools. � Felicia Gaston subgested law enforcement traininb to address structural ancl syst�emic issues. to foi•ge new pai•tne�•ships betwee�� police and coi7�munities. Molly Horan reiterated the impo�-�ance of community i��volvei��ent in hiring of i�ew police chief. She stressed regular training in diversity and inclusion, inereased diversity on the polic� force, and community policing. Sarah was gi•ateful for the hard worlc done by the Councils at the August 27`�' ��eeting, stressed tl�e importance of a citize��'s oversibht committee and need to review the entire Police Department, ��ot just the incident at Yema. Hawi Awash supported the forination of an ovei•sight committee with comn�u��ity mcmbers ��ho can bring theii- expe►-tise to hi►-e the next police cl�ief, supported the creation a taslc force fully opei� to the community and without limit to the number of councilmembers on the taslc force. She also felt the task force report should have a report for council to review and share with the public eve�y 2 weeks. Conor Flaherty said the task force should be hi�l�ly diverse and inclusive, to give a true cross section of representation for the town. Chelsea Waite asked for full transparency of actions of the tasl: force. Kyle Haimer reiter-ated the need for transpa�•ency in what tl�e Town is �oing to be doinb in the Police Department. � William Brenner q��estioned whether the Cou��cil I<nows and understands the Police Department policies rebardinb use of force and fireai-�r� use, and ei�co�ira�ed ii�equent ancl on��oin<7 traii�in�_ and hringing forth new policies on policing. � Robhie Powelson with the Tai1� Equity Campaign questioned Tiburon police ii�volvement in the � rem��val of homes and homeowners in Richar-dso�� Bay. � Hilary Heaven supported transparency ii� the task force and s��pported a citizen's oversibht com m ittee. The Coui�cil discussed what method would be most conducive to generation of ideas and solutio��s, b� open to the public, and transparent. "T'he Council discussed the mecha��ics of � different types of bodies that co��ld include both cou��cilmembe rs and public men�bers. Councilmembers disc�issed the need for structw-e, but also a mo�-e relaxed opportw�iiy for Pa��e 3 nf 6 � Tolrn Coarncil Mir�a�tes #19-20?0 Sep�ember 16, 2U7(> � dialogue witi� comm�u�ity members. They abreed on rebular reporting to the Co�u�cil, broad �ublic participation, adherence to the Brown Act, and the initial broad topics of policin��. and promotion o'fdiversity and inclusion. "T�he Council reached conse��sus to schedule a future agenda item to establish a committee to promote diversity ai�d i��clusion, wo��ld consist of all 5 Coui�cil members and 5 at-lar«e members o�l�the public, and would l�old public meetinbs. "fown Attorney Stock said that a resolution would be on the next agenda and. if necessai-y, could be fin-ther refined at that time. PUBLIC H�ARINGS PH-1. Mill Valley Refuse Service Rate Increase Application —Coi�sider adoption of a resolution that would approve a rate ii�crease requested by Mill Valley Refuse Service, and consider options for switching fi-om a tiered rate system to a blended rate system (Office of the Town Mai�ager) Town Manaber Cha��is reviewed the j-ate i��crease request and remii�ded the Council that these requests are analyzed by an o�itside independei�t consultant for accuracy and validity. He spol<� about increased refuse removal rates in the last several years and reviewed the rate structure in Tiburon. He said the ew-re��t rate structure is based oi� whether a home is on a flat area or a hill � ar�ea. which is antiquated and inaccurate, but l�as not been changed in part because an adjusted blended rate would increase rates for some residents, and lower rates for others. He explained the � To��n is und�r contract with Mill Valley Refi�se Service until at least 2026. Mayor F►-cdericl<s opened the f7ooi-for public coi��i��e��t. Conor Flal�erty aslced for a solution for refuse in the downtown cominei-cial area because there is � more garbabe than can be well mana�ed. David Barl<er requested the Council to provide stroi�b oversight of this i�ate increase requcst. �� including delay pei�di��g further review and analysis. He said the Coui�cil should begin co��siderinb altei-i�ative refuse providers to Mill Valley Refuse Service soon. Vice Mayor Thier said that this situation exemplified the need to bid o�rt all public contraets to � ensw•e residents are �etting tl�e best price for services provided. Shc requested comme�-cial �' picl<up to start at 7:00 a.i��. �� The Council expressed sensitivity to residents' econo��ic hardships due to the COVID-19 �� pandei��ic a��d st�-essed the need for a l�ibher level of customer service. The Council cleliberated the rate increase request. Mill Valley Refuse Service Mana��ing Director Jim lavai-one explaii�ed the rationale behind the ratc increase request and ��oted an independent audit found the rate increase appl-opriate. Puge 4 of 6 �, Torrn Coz�rncil�l�limries #19-2020 Sepleml�er 16, 2020 � i Mayor Fredericl<s noted that before the next possible rene�val oft�he MVRS co��tract, residents may feel more reassu�-ed 1<nowing that a comparative st��dy would be done to lool: at other possible waste haulinb providers. The Cou��cil discussed the cost and merit�s of conductii�g an independent audit of the contract now or waiting until the scheduled audit next year and sharing the cost with other j�u�isdictions. The Council decided cond�ictinb the audit now �vould add unnecessa�y costs to ratc payers. Co�u�cilmember Welner said that the choices were difficult because either one. despite being within the realm ofco��tractual allowa��ce, would incur increased costs to residenCs. � Councilme��bei�s Ryan and Kulik said that while the increase is not ideal. it is within coi�t�act rates and s�ipported approval, but both also suppoi�ted fi�rther i•eview of the co��tract prior to airy renewal. Kulil< recommended the pw�suit of the bid process next Spring and Vice Mayol-Thier requested that� item be sched�iled o�1 a future Town Cou��cil agenda. Given the cur-rent economic climate, the Cow�cil abreed that the switch from the curl�ent tiei�ed rate systei�� to a blended rate system should not be pursued at this time d�ie to the fiinancial i�npact, particularly coupled with tl�e current rate increase. MOT10N: Approve the 7.02% increase in garbage rates for this year��ith the understandinb that the contract will be evaluated befor•e extension in 2026. Moved: Ryan, secoi�ded by Kulik VOTE: AYES: Fi-edericks, Kulil<, Ryan NAYS: Thier, Welner TOWN COUNCIL REPORTS Councilmember Ryan requested a future agenda item to consider movin�the Council's regular mecti��g time later in the afternoon oi•evening so more people could participate. Councilmember Wel��ei•requested an informational report on topics 1-elated to Richardson Bay. "TOWN MANAGI:R REPOR"T TM-1. Update on the Town's response to COVID-19 emergency 7,own Manager Chanis said Mari�� Cow�ty has been moved to the less-restrictive Red "l,ier i�� the � State`s Bluep�-int fior a Safer Econo�r�y, which will allow further loosei�ii�� of restrictions on i��door di��i��g and retail. W��KLY llIG�STS Received. Page S qf�6 � To�rr� Cozn�cillL'li��u�es #19-2020 September 1<, 2020 - - �� ADJOURNM�NT There being no further business before the Town Council of the 7�own of��iburon, Mayor Fredericks adjo�u�ned the i��eeting at 835 p.m. I\ ^ �'�-�-�-�-'`_ ��--°"�--��`_' _. ALICE FREDER1Cl{S. MAYOR ATTEST: � ��"�c ��'�, � -- ` ��..r� LEA STCTAI�1 TOWN CLERK , Pu�=� 6 nf�G � Toii�� Coi�rncil�l9inzNes #]9-20?0 Sc��/enzber 16, 702(l i