Tiburon Town Council Minutes #17-2022 August 17, 2022
TOWN COUNCIL
SPECIAL & REGULAR MEETING
MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to [email protected] to be included in the public record for the meeting.
SPECIAL MEETING – 4:15 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:15 p.m. on Wednesday, August 17, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner
CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (Two potential cases)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: (One potential case)
Claim filed by Honeybadger Acquisitions LLC on March 23, 2022 on file with the Town Clerk’s office
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
Mayor Welner called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, August 17, 2022.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Chief of Police Monaghan, Director of
Administrative Services Creekmore, Associate
DocuSign Envelope ID: 8719E201-713D-409A-B29A-B4A5CFDD6F2F
Tiburon Town Council Minutes #17-2022 August 17, 2022
Engineer Eshoo, Superintendent of Public Works
Kerslake, Town Clerk Stefani
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Town Attorney Stock said the Town Council directed the Town Attorney to initiate litigation in one matter, and once the complaint is filed, the names of the defendants and the subject matter of the dispute will be public.
ORAL COMMUNICATIONS
Public comment was received by:
• Councilmember Fredericks, who requested the Council consider a resolution in support of a statewide initiative on the 2024 ballot to take back local control of land use decisions and to amend appropriate Town ordinances as necessary to remain consistent with the law in the event that the initiative passes.
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Stefanie Hill, Belvedere-Tiburon Disaster Advisory Council Interview continued to a future meeting.
PRESENTATIONS
• Introduction of Talisa Azevedo and Alvin Stephenson (Police Officers)
CONSENT CALENDAR
CC-1. League of California Cities Annual Business Meeting – Appoint voting delegate to represent the Town at the 2022 League of California Cities Annual Business Meeting (Department of Administrative Services)
CC-2. Investment Summary – Adopt investment summary for month ending June 30, 2022 (Department of Administrative Services)
CC-3. Budget Amendment – Approve fiscal year 2022-23 budget amendment in the amount of $70,000 to reallocate funding for HVAC equipment installation at 3 Town-owned condominiums (Department of Administrative Services)
MOTION: To adopt Consent Calendar Items No. 1-3, as written.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
DocuSign Envelope ID: 8719E201-713D-409A-B29A-B4A5CFDD6F2F
Tiburon Town Council Minutes #17-2022 August 17, 2022
ACTION ITEMS
AI-1. Appointments to Town Boards & Commissions – Consider one appointment to the Belvedere-Tiburon Disaster Advisory Council (Department of Administrative Services) Item continued to a future meeting.
AI-2. Pickleball Use at Teather Park – Consider allowing pickleball as an allowed use at the Point Tiburon/Teather Park tennis courts (Office of the Town Manager/Department of Public Works)
Public comment was received by:
• Neal Toft, who spoke against the proposal, saying it changed the ambiance of the neighborhood.
• Chuck Hornbrook, who said POST voted unanimously in favor of the proposal. • Tim Burr, who said POST conducted a lot of community engagement and felt POST’s proposal for a pilot program was well balanced.
• Michael Scippa, who spoke against the proposal and recommended more courts be added to the Lagoon courts.
• Cres Van Kulen, who spoke against the proposal, citing already excessive pickleball noise coming from the Tiburon Peninsula Club.
• Isaac Nikfar, who said POST considered the Marsh residents’ perspectives in their analysis and noted the Lagoon courts were also close to residences with minimal complaints.
• Barbara Linn, who spoke in favor of the proposal and adding more pickleball to the community.
MOTION: To direct staff to proceed with a 6-month trial, as recommended by the Parks, Open Space and Trails Commission.
Moved: Ryan, seconded by Griffin
VOTE: AYES: Griffin, Ryan
NAYS: Fredericks, Thier, Welner
MOTION: To create the Court Use ad hoc subcommittee to determine the parameters of a potential trial, with Vice Mayor Ryan and Councilmember Fredericks to serve on the subcommittee.
Moved: Thier, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
DISCUSSION ITEMS
DI-1. Park Facilities/Sand Volleyball – Review proposal for construction of sand volleyball courts and discuss the process for identifying and reviewing potential projects related to parks and open space (Office of the Town Manager/Department of Public Works) Public comment was received by:
DocuSign Envelope ID: 8719E201-713D-409A-B29A-B4A5CFDD6F2F
Tiburon Town Council Minutes #17-2022 August 17, 2022
• Isaac Nikfar, who said POST thoroughly considered the proposal and its impacts on the surrounding area.
• Deirdre McCrohan, who questioned the agenda language of the agenda item. • Chuck Hornbrook, who said the proposal had been recommended to be included as part of the CIP and felt that POST was attempting to act as a filter on potential projects to recommend to the Town Council.
• Angela McInerney, who believed no other projects should be added piecemeal to the area and spoke in favor of developing a Richardson Bay Lineal Park Master Plan. • Mike Shepard, who felt a broader approach to projects in the area was necessary and spoke in favor of a master plan.
The Council directed staff to work with the Parks, Open Space and Trails Commission to develop an RFP for a Richardson Bay Lineal Park Master Plan document and directed staff to bring the RFP back to the Council.
PUBLIC HEARINGS
PH-1. Municipal Code Amendments – Consider amendments to the Tiburon Municipal Code that would add Chapter 10B to the Code to require all entities selling prepared food to use reusable or compostable foodware (Department of Administrative Services) – Introduction and first reading of ordinance
Public comment was received by:
• Susan Hopp, who spoke in support of the ordinance.
• Janice Reynolds, who spoke in support of the ordinance. • Barbara Bogard, who spoke in support of the ordinance. • Chuck Hornbrook, who spoke in support of the ordinance.
MOTION: To introduce the ordinance, as written, and read by title only.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
The Town Clerk read “An Ordinance of the Town Council of the Town of Tiburon Requiring All Food Facility Vendors to Use Reusable Foodware for Dine-in Operations and Compliant Compostable Foodware for Take-out Services”.
MOTION: To pass first reading of the ordinance, waiving further readings, and to schedule for adoption at the next regular meeting.
Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PH-2. Municipal Code Amendments – Consider amendments to the Municipal Code for AB481 compliance (Military Equipment Ordinance) and consider approval of the DocuSign Envelope ID: 8719E201-713D-409A-B29A-B4A5CFDD6F2F
Tiburon Town Council Minutes #17-2022 August 17, 2022
Military Equipment Use Policy (Police Department) – Introduction and first reading of ordinance
Item continued to a future meeting.
TOWN COUNCIL REPORTS
There were none.
TOWN MANAGER REPORT
The Town Manager reported there would be a special meeting on August 31, 2022 to continue the discussion on the draft housing element.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 9:10 p.m.
JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
DocuSign Envelope ID: 8719E201-713D-409A-B29A-B4A5CFDD6F2F