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HomeMy WebLinkAboutTC Minutes 2017-06-21 TOWN COUNCIL REGULAR MEETING MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.rn. on Wednesday, June 21, 2017, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell ABSENT: COUNCILMEMBERS: Two Vacant Seats PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Director of Administrative Services Bigall, Chief of Police Cronin, Management Analyst Creeklnore, Town Clerk Stefani ORAL COMMUNICATIONS There were none. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of June 6, 2017 special meeting(Town Clerk Stefani) CC-2. Town Council Minutes—Adopt minutes of June 13,2017 special meeting(Town Clerk Stefam) CC-3. Municipal Code Amendments — Adopt ordinance making amendments to modify residency requirements for the Design Review Board (Community Development Department) CC-4. Municipal Code Amendments — Adopt ordinance making amendments to establish streamlined review procedures for Electric Vehicle Charging Stations (Community Development Department) CC-5. Gann Resolution —Adopt appropriations limit for Fiscal Year 2017-18 (Office of the Town Manager) Toim Council Allimttes 414-2017 June 21, 2017 Page 1 CC-6. Town Council Election—Adopt resolutions a)calling an election on November 7,2017; b) requesting consolidation of election services with the County of Marin; and c) providing that the cost of printing the candidate's statement shall be borne by the candidate (Town Clerk Stefani) CC-7. Reappointment to Town Boards, Commissions, Committees — Consider reappointment of Dr. Sue Kwentus to a full term on the Marin Commission on Aging (Town Clerk Stefani) CC-8. Marin County Civil Grand Jury Response—Approve Town's response to the Marin County Civil Grand Jury Report: Overcoming Barriers to Housing Affordability(Office of the Town Manager) CC-9. Management and Unrepresented Employee Compensation Program — Adopt resolutions amending the Town's Management and Unrepresented Employee recognition and incentive compensation programs for Fiscal Year 2017-18 (Director of Administrative Services Bigall) Vice Mayor O'Donnell requested Consent Calendar Item No. 6 be removed for discussion. MOTION: To adopt Consent Calendar Items 1-5 and 7-9, as written. Moved: Fredericks, seconded by O'Donnell VOTE: AYES: Fredericks, Fraser, O'Donnell ABSENT: Two Vacant Seats CC-6. Town Council Election—Adopt resolutions a)calling an election on November 7,2017; b) requesting consolidation of election services with the County of Marin; and c) providing that the cost of printing the candidate's statement shall be borne by the candidate (Town Clerk Stefani) Vice Mayor O'Donnell called the Council's attention to a typographical error in proposed resolution (a). He said Section 2,Paragraph 2 should read"...If any one of the incumbents does not file for re- election to office by August 11, 2017 at 5:30 P.M.,the filing period for such office is extended until 5:30 P.M. on August 16, 2017, for non-incumbent candidates only.". The original time was incorrectly indicated to be 3:50 P.M. MOTION: To adopt Consent Calendar Item No. 6, as amended. Moved: Fredericks, seconded by O'Donnell VOTE: AYES: Fredericks, Fraser, O'Donnell ABSENT: Two Vacant Seats ACTION ITEMS Town Council Minutes 914-2017 June 21, 2017 Page 2 AI-1. Auto License Plate Reader System — Consider authorization of replacement of the Town's Automatic License Plate Reader System (Office of the Town Manager/Police Department) Chief of Police Cronin said the Town installed the current Auto License Plate Reader System (ALPRS) in 2010, and since then, it has worked effectively and reduced crime. Afterpurchase,the company came under new ownership,which has made repairs difficult and has resulted in delays in maintaining the system. He said the cameras on Tiburon Boulevard recently suffered failure due to a power surge,and there had been a significant delay in determining that the cameras needed to be replaced, at a cost of $50,000. Ile added that this would result in the same system, with the same troublesome maintenance issues.He said staff had obtained a quote from a different company,Vigilant,to replace the entire system at a cost of$66,000. He briefly reviewed several advantages to changing vendors, among them being that Vigilant is local and the largest provider of ALPRS in the Bay Area. Chief Cronin said the staff is requesting an addition to the budget to purchase this system, authorization for the Town Manager to negotiate the contract, and for the Council to consider amending several policy changes previously imposed. Of the policy changes, Cronin said two were problematic: length of data retention, and the ability to share data. He said many of the crimes committed here are committed by serial criminals,and many are apprehended outside of Tiburon.He said a longer retention period and the ability to share data with other agencies employing ALPRS would give Tiburon police more investigative opportunity to see if vehicles associated with other crimes had visited Tiburon. Vice Mayor O'Donnell asked if the Town had made a claim to PG&E for the power surge(s).Cronin said not yet; staff is gathering evidence on the actual dates of the surges. Cronin added that the first power surge likely destroyed the surge protector, and the second destroyed the cameras. O'Donnell also inquired about the privacy considerations of the cameras. Cronin confirmed that there had never been issues of improper use of the cameras,and said he is confident that there is little opportunity for abuse of the system. Mayor Fraser commented that the change in retention of the data was quite large,going from 30 days to two years. He asked if there would be any issues with offsite data storage of the Town received a subpoena. Chief Cronin said the data still belongs to the Town, and information would still be compiled by staff. Fraser also inquired about the change of the authority role from the Town Manager to the Chief of Police. Cronin said he was comfortable in the role,and said there was benefit to some delegation of responsibility. Councilmember Fredericks asked that the Police Department give periodic reports to the Council on the usage of the system. Chief Cronin agreed. Town Council Minutes 414-2017 June 21, 2017 Page 3 Mayor Fraser opened the floor for public comment. Larry Tint said his home had been robbed several years ago, and was a supporter of these cameras and a longer retention period. He wondered if the new system came with a warranty to offset the increased cost. Chief Cronin said the cameras came with a 1-year warranty, but was unsure if the Town could purchase additional warranty beyond that. He added that the City of Belvedere has the same system, and is very satisfied with it. A member of the public commented that the changes to the policy were not on the agenda, and therefore, could not be acted upon tonight. Town Attorney Stock agreed. MOTION: Authorize a$75,000 allocation to the FY 2017-18 Municipal Budget for purchase of new system and authorize Town Manager to negotiate contract with vendor,Vigilant. Moved: Fredericks, seconded by O'Donnell VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats AI-2. Open Space Management Update—Receive staff's report on open space management funding and consider desired level of funding to be included in the Fiscal Year 2017-18 Budget (Department of Public Works) Director Barnes gave a brief overview of the funds that had been allocated toward Open Space Management since 2010 and the adoption of the Open Space Management Plan.He reviewed several proposed projects for the coming year,including some work to be done in open space areas to protect existing Tiburon Jewelflower populations. Director Barnes said the local advocate for the protection of the Jewelflower is insistent that the work to remove the invasive oat grass must be done in the spring. He said this proposal is in conflict with the Town's existing mitigation measures and the Open Space Management Plan states that work should only be done in these sensitive areas when the endangered species in question (the Jewelflower) is dormant. Director Barnes said complying with this proposal would require completion of an environmental study and modification to the existing mitigation measures. If completed, the Town would hire an experienced weeder to remove the oat grass each spring for four years. However, he added, if that experienced weeder were unavailable,the Town would have to hire a contractor to do the work,and a biologist to supervise, both likely at an additional expense. In response to a question from Councilmember Fredericks, Director Barnes clarified that the mitigation measure in question is that the endangered species must be dormant when doing work in the area. He said staff has been told that the work needs to be done in the spring before the oat grass seeds, but the Jewel flower does not become dormant until mid-July. He added that even while Town Council Minutes #14-2017 June 21, 2017 Page 4 dormant, the Jewelflower is still visible, but very small, which is why a weeder with specialized knowledge is required to remove the oat grass even then. Fredericks wondered if an individual could not do the weeding effectively when the Jewelflower is dormant because the plant is still visible. Director Barnes said they could,but staff had been told by the proponent that the work to remove the invasive oat grass needed to be done in the spring, and could not wait until the Jewelflower is dormant. Barnes further clarified that the new environmental study was necessary to update the previously-adopted Open Space Management Plan to allow this work to be done in the spring, when the Jewelflower is not dormant. Vice Mayor O'Donnell wondered why the environmental study was so expensive for what appeared to be a small change. Director Barnes confirmed that the environmental study was for new mitigation measures, and to allow the Town to do the weeding at a different time of year. The Council agreed that the cost was very high for such a small amendment, and questioned the value of such a study. Director of Community Development Anderson said the current Open Space Management Plan states that further environmental review would be necessary if the Town needed to do work near the endangered species, at a time they are active and not dormant. Director Anderson said it has now come to the staff s attention that the oat grass must be removed at the same time that the endangered species in question,the Tiburon Jewelflower, is active. He said a protocol needs to be determined for how to do the work, and when. Councilmember Fredericks asked if it was a possibility to do only the amount of weeding that the budget allows each year, once the study is completed. Director Barnes said it was a possibility,but said it was important to eradicate invasive species for 3-4 consecutive years. Vice Mayor O'Donnell asked for clarification about the staff s suggestions to have contractors work near the sensitive species being met with resistance, even if they were to be monitored by a professional biologist. Director Barnes said the staff had attempted to bring in other organizations, like the Conservation Corps,but these organizations were objected to by the Jewelflower proponent, even though the operations were directly overseen by a biologist. Mayor Fraser asked Director Barnes if these organizations had the capabilities to do the job properly. Director Barnes said they did, as long as they were overseen by a biologist. Mayor Fraser opened the floor for public comment. Eva Buxton, local botanist, said she has experience working with the Tiburon Jewelflower. She spoke to the importance of protecting and preserving the rare and endangered species. She argued that the invasive species removal is delicate work,and that a biologist supervising the Conservation Corps would not be able to truly monitor the removal activity. She expressed confidence that she could work with the Town to find an appropriate weeder. Town Council Minutes #14-20/7 June 21, 2017 Page 5 Vice Mayor O'Donnell found it troubling to suggest that biologist meant to supervise would not be doing so, or that others are not skilled enough to do the work, or couldn't be trained. He was concerned that the issue was being driven forward with a narrow focus. He believed there are good ideas to do the work, with proper supervision. He was willing to spend more money on open space management,but expressed concern over the expenditure for the study and the process taking shape. Councilmember Fredericks said the new study must be done because the existing study does not address these kinds of special protected species. She said she would like to see the Town authorize this expenditure to start getting rid of invasive species that are threatening the habitats of protected species found only in Tiburon. Mayor Fraser said he was confident in the Department of Public Works' ability to find the right resources and mitigate the situation. He suggested Director Barnes consult with Ms. Buxton if additional consultation on implementing the right program is needed. Town Manager Chanis clarified that the requested addition of$15,000 in this fiscal year's budget was for one skilled weeder to do the work over four years, rather than hiring a contractor to do the work and a biologist to supervise. Vice Mayor O'Donnell asked how the Council will be kept apprised of the progress.He believed that person should be held to some degree of accountability for work done in the field. Director Barnes said that while the ultimate goal is to protect the Jewelflower, the actual work is removal of the oat grass, which can be measured. Town Manager Chanis added that if a person is identified, staff can return to the Council to describe the protocol that will be used in the field. MOTION: Authorize a $15,000 allocation to the FY 2017-18 Municipal Budget, as recommended, and request periodic progress reports on the project. Moved: O'Donnell, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats AI-3. Town Budget — Adopt resolution approving Fiscal Year 2017-18 Tiburon Municipal Budget (Office of the Town Manager/Department of Administrative Services) Town Manager Chanis said the Council had received the frill Fiscal Year 2017-18 Municipal Budget report from staff on June 7,2017. He said this item is typically adopted on the Consent Calendar,but due to the action taken tonight, he said staff is requesting the Council now adopt the FY2017-18 Municipal Budget as proposed on June 7, 2017, including the modifications made tonight. Mayor Fraser opened the floor for public comment. There was none. MOTION: To adopt the resolution approving the Town of Tiburon Municipal Budget for Fiscal Year 2017-18, including additional allocations for the ALPRS and Open Space Town Council Minutes #14-2017 June 21, 2017 Page 6 Management. Moved: Fredericks, seconded by O'Donnell VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats AI-4. Vacancies on Town Council —Consider making two interim appointments to fill two vacancies on the Town Council (Office of the Town Manager) Town Manager Chanis said two vacancies on the Town Council were created by the resignations of Councilmembers Doyle and Tollini earlier this year. He said the Council interviewed 16 applicants for the two open positions. These two individuals will serve until the date of a special election to be held in November. Those elected will serve the remainder of the terms, until 2020. Chanis said the Council had previously determined a process for the appointment: after public comment, each Councihmmber will publicly state his or her four "preferred" candidates to help guide discussions until an appointment can be made. Mayor Fraser opened the floor for public comment. There was none. Mayor Fraser thanked the applicants for their interest and desire to serve the community.He said the number of applicants spoke to a great desire to serve the community in Tiburon. He asked that those individuals not selected for the Town Council this evening focus their energies toward the other openings on local boards and commissions. Mayor Fraser said he believed the Council benefits from diversity of background, experience, thinking and leadership. He added that there is also value to considering the background of individuals and their service to this community, or other communities. He said he was bringing forward four candidates he believed represented the community and culture, and who would look toward the future to make Tiburon an even better place. Mayor Fraser announced his four preferred candidates: David Kulik, Holli Thier, Jon Welner, and Angela McInerney. Councilmember Fredericks said she prioritized candidates based on previous volunteer experience in Town, a commitment to running in the election in November, those who had a broad vision but specific ideas on what is feasible, some skill or background that would add to the Council's deliberations, and those who would not have a personal interest in the matters that come before the Town Council. Councilmember Fredericks announced her four preferred candidates: Jon Welner, Holli Thier, Patrick Sherwood, and Angela McInerney. Vice Mayor O'Donnell said this was a difficult decision to make,and commented on how wonderful it is to have so many individuals show an interest in getting involved in the community. He also asked those individuals not selected for the Town Council to stay involved in the community. He said he had a preference for applicants who had already served the Town in some way. Vice Mayor O'Donnell announced his four preferred candidates: David Kulik, Jack Ryan, Holli Thier, and Patrick Sherwood. He also gave honorable mentions to Jon Welner and Angela McInerney, and Town Council Minutes 414-2017 June 21, 2017 Page 7 reiterated that it had been a difficult choice. Mayor Fraser said a total of six applicants had been brought forward by the three members of the Council. He said one candidate,Holli Thier,had the immediate support of all three councilmembers. MOTION: To appoint Holli Thier to an interim position on the Tiburon Town Council,to serve until the date of a special election on November 7, 2017 Moved: Fredericks, seconded by Fraser VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats The Council discussed the attributes of the remaining applicants. MOTION: To appoint David Kulik to an interim position on the Tiburon Town Council, to serve until the date of a special election on November 7, 2017 Moved: O'Donnell, seconded by Fraser VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats Mayor Fraser congratulated Holli Thier and David Kulik on their appointments to the Town Council. PUBLIC HEARINGS PH-lo Cypress Hollow Landscape& Lighting District(LLD)—Hold annual protest hearing and consider adoption of resolution to continue the LLD assessment for Fiscal Year 2017-2018 (Department of Public Works) Director of Public Works Barnes said the Town has maintained the Cypress Hollow Landscape and Lighting Assessment District since 1998, and assessed residents for the annual cost. He said the California Streets and Highways Code requires the Town to hold an annual, duly-noticed public hearing to hear any objections to the assessment or the district. He said the notice had been sent to all residents in the district, and the Town has not received any inquiries on the proposed assessment. Mayor Fraser opened the floor for public comment. There was none. MOTION: To adopt the resolution continuing the assessment for Fiscal Year 2017-18. Moved: Fredericks, seconded by O'Donnell VOTE: AYES: Fraser, Fredericks, O'Donnell ABSENT: Two Vacant Seats TOWN COUNCIL REPORTS Councilmember Fredericks said she had submitted a request for Tiburon to be nominated as a site for study for the Resilience by Design Initiative. She said Resilience by Design is an initiative patterned after an approach for public-private partnerships that brought innovative design solutions to the areas Town Council Minutes #14-2017 June 21, 2017 Page 8 impacted by Hurricane Sandy. She said the first award for this initiative is having the design team design solutions for environmental impacts. Vice Mayor O'Donnell said he will be attending the Marin Clean Energy Contracts Committee meeting at the end of the week. He said Marin Clean Energy is poised to take on six new jurisdictions,most of which are in Contra Costa County.He said it was a large undertaking for MCE. O'Donnell also inquired about the advertising process for the vacancies on the Design Review Board,and now,the Planning Commission and the Parks,Open Space and Trails Commission.Town Clerk Stefani replied that advertising could begin as soon as the next day for the new vacancies,and has already begun for the Design Review Board vacancy. TOWN MANAGER REPORT Town Manager Chanis said the interim Town Councilmembers will be sworn in at the regular July 5 Town Council meeting and the new Council will sit for a photograph following the meeting. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Counc' o the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:00 p.m. / 1' 7 JIM R R A R 1 ATTEST: LEA STEF NI, TOWN CLERK Town Council Minutes 414-2017 June 21, 2017 Page 9