Tiburon Town Council Minutes #20-2022 September 21, 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 – 4:30 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:30 p.m. on Wednesday, September 21, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner
CLOSED SESSION
1. CONFERENCE WITH PROPERTY NEGOTIATORS
Property: (500 Tiburon Boulevard)
Town Negotiator: (Town Manager and Town Attorney)
Negotiating Parties: (Richardson Bay Sanitation District) Under negotiations: (Concerning prices and terms of payment)
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (2) of subdivision (d) of Government Code section 54956.9: (One potential case)
Public comment was received by:
• John Goodhart, who spoke about his neighbor’s fence.
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
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, Director of Administrative Services Creekmore,
DocuSign Envelope ID: 5A36BE1A-1F23-48EB-BEA8-75737A8B9C4C
Tiburon Town Council Minutes #20-2022 September 21, 2022 Public Works Engineering Manager Eshoo, Chief of
Police Monaghan, Town Clerk Dilena
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Kathy Silverfield asked when the revised housing element would be made available to the public.
Dorene Curtis asked the Council to direct staff to make the revised housing element available to the public at time of submission.
Julie Jacobs, who believed the first draft of the housing element did not adequately take community impacts into account and wanted to ensure the 3-story cap would be included in the revised draft.
PRESENTATIONS
• Presentation on Measure M funding for Martha Property (Jerry Riessen) Public comment was received by:
• George Landau, who spoke in support of Measure M.
• Star Porter, who spoke in support of Measure M.
CONSENT CALENDAR
CC-1. Investment Summary – Adopt investment summary for month ending July 30, 2022 (Department of Administrative Services)
CC-2. Town Council Minutes – Adopt minutes for September 7, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services)
CC-4. Legal Services Agreement – Approve second amendment to the Town Attorney Legal Services Agreement (Office of the Town Manager)
CC-5. 2023 Various Streets Project Design – Authorize the Town Manager to enter into a contract with Pavement Engineering Incorporated (PEI) for design services for the 2023 Various Streets Project, at a cost not to exceed $150,440 (Department of Public Works) DocuSign Envelope ID: 5A36BE1A-1F23-48EB-BEA8-75737A8B9C4C
Tiburon Town Council Minutes #20-2022 September 21, 2022 CC-6. Conflict of Interest Code Update – Adopt resolution accepting the biennial review and update of the Town’s Conflict of Interest Code (Department of Administrative Services) CC-7. Point Tiburon Marsh – Adopt a resolution authorizing the submission of nine ballots on behalf of the Town in favor of the proposed Restated Bylaws for the Point Tiburon Marsh Homeowners Association (Office of the Town Attorney)
MOTION: To adopt Consent Calendar Items 1-7, as written.
Moved: Fredericks, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
ACTION ITEMS
AI-1. Climate Action Plan – Consider adoption of a resolution that would adopt the Town’s Climate Action Plan (Community Development Department)
Public comment was received by:
• Sanna Thomas, who spoke in support of the proposed Climate Action Plan. • Pat Carlone, who spoke in support of the proposed Climate Action Plan.
MOTION: To adopt the resolution adopting the Climate Action Plan.
Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-2. Main Street Closure – Consider approval of a closure of Main Street for a Diwali celebration on October 22, 2022 (Office of the Town Manager) MOTION: To approve a closure of Main Street on October 22, 2022 from 2:00 p.m. to 8:00 p.m. for the Diwali Celebration.
Moved: Thier, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-3. ARP Funding Request – Consider request by the Tiburon Peninsula Chamber of Commerce and Destination Tiburon for a direct allocation of American Rescue Plan funds to make up for revenue losses incurred due to the effects of the COVID-19 pandemic
MOTION: To appropriate the Transient Occupancy Tax revenue loss amount to the Chamber of Commerce and destination:Tiburon equally, in the amount of $103,736 total.
Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
MOTION: To appropriate the TTBID revenue loss of $207,474 to destination:Tiburon.
Moved: Thier, seconded by Griffin
VOTE: AYES: Griffin, Thier
DocuSign Envelope ID: 5A36BE1A-1F23-48EB-BEA8-75737A8B9C4C
Tiburon Town Council Minutes #20-2022 September 21, 2022 NAYS: Fredericks, Ryan, Welner
MOTION: To authorize a budget amendment in the amount of $103,736 to fund the request.
Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-4. Congestion Management Program – Consider adoption of a resolution that would elect the Town to opt out of the Marin County Congestion Management Program (Department of Public Works)
MOTION: To adopt the resolution electing the Town to opt out of the Marin County Congestion Management Program (CMP).
Moved: Fredericks, seconded by Griffin
VOTE: Fredericks, Griffin, Ryan, Thier, Welner
AI-5. Marin County Grand Jury Response – Consider approval of the Town’s response to Marin County Civil Grand Jury Report titled “Affordable Housing: Time for Collaboration in Marin” (Office of the Town Manager)
MOTION: To approve the Town’s response to the Marin County Civil Grand Jury Report titled “Affordable Housing: Time for Collaboration in Marin”.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PUBLIC HEARINGS
PH-1. Municipal Code Amendments – Consider amendments to the Municipal Code for AB 481 compliance (Military Equipment Ordinance) and consider approval of the Military Equipment Use Policy (Police Department) – Introduction and first reading of ordinance MOTION: To introduce the ordinance, as amended, and read by title only.
Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
Town Attorney Stock read “An Ordinance of the Town Council of the Town of Tiburon Military Equipment Ordinance”.
MOTION: To pass first reading of the ordinance, waiving further readings, and to schedule for adoption at the next regular meeting.
Moved: Ryan, seconded by Fredericks
ROLL CALL VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
TOWN COUNCIL REPORTS
None.
DocuSign Envelope ID: 5A36BE1A-1F23-48EB-BEA8-75737A8B9C4C
Tiburon Town Council Minutes #20-2022 September 21, 2022
TOWN MANAGER REPORT
Town Manager Chanis said the 10/5/22 regular Town Council meeting would be cancelled.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:15 p.m.
JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
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