Tiburon Town Council Minutes #23-2022 November 16, 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 – 4:00 P.M.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner
CLOSED SESSION
1. Public Employee Performance Review: Government Code Section 34957 Title: Town Manager
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)
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 Community Development Tasini, Chief
of Police Monaghan, Town Clerk Dilena
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
No reportable action.
ORAL COMMUNICATIONS
There were none.
DocuSign Envelope ID: E74BD501-3573-410B-AF76-421689B994BD
Tiburon Town Council Minutes #23-2022 November 16, 2022
CONSENT CALENDAR
CC-1. Town Council Minutes – Adopt minutes for November 2, 2022 Town Council regular meeting (Department of Administrative Services)
CC-2. 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-3. Pending Vacancies on Town Boards & Commissions – Announce pending vacancy on Marin-Sonoma Mosquito & Vector Control District Board of Trustees (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
ACTION ITEMS
AI-1. United Against Hate Week – Adopt resolution declaring November 13-19, 2022 United Against Hate Week in the Town of Tiburon (Department of Administrative Services) MOTION: To adopt the resolution, as written.
Moved: Thier, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-2. EV Patrol Vehicle Purchase – Consider approving purchase of a Tesla Model Y for use as a marked patrol vehicle and authorize a budget amendment in the amount of $30,500 MOTION: To approve the purchase of a Tesla Model Y and approve a FY2023 budget amendment in the amount of $30,500 from the General Fund Operating Reserves to fund the purchase.
Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-3. Martha Property Contribution Request – Consider request for a $1,000,000 contribution pledge to be used for the acquisition of the Martha property Public comment was received by:
• George Landau, who spoke in favor of the contribution. • Tim Burr, who spoke in favor of the contribution.
MOTION: To approve a pledge to contribute $1,000,000 to be used for the acquisition of the Martha Property and to direct staff to create a Martha Property Discretionary DocuSign Envelope ID: E74BD501-3573-410B-AF76-421689B994BD
Tiburon Town Council Minutes #23-2022 November 16, 2022 Reserve Account and transfer the contribution pledge amount from the General Fund Operating Reserve account.
Moved: Welner, seconded by Fredericks
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PUBLIC HEARINGS
PH-1. Municipal Code Amendments – Hold public hearing and consider adoption of amendments to Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt by reference and with modifications to the latest state-authorized construction and fire codes (Community Development Department)
MOTION: To adopt the ordinance by reference and with modifications to the latest stateauthorized construction and fire codes, and to ratify the Southern Marin Fire District’s and Tiburon Fire Protection District’s adoption of the fire codes.
Moved: Fredericks, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PH-2. 4576 Paradise Drive – Consider appeal of Design Review Board approval of a tree permit application for the removal of 10 trees at 4576 Paradise Drive (Community Development Department)
Owner/Applicant: Hendricks/Sierra Pines LLC
Appellant: James Massey-Kim
Address: 4576 Paradise Drive
Assessor Parcel No.: 038-142-02
Public comment was received by:
• Cynthia Massey-Kim, who spoke in support of the appeal and additional conditions. • Joy G., who expressed concern about bird nests disappearing with more tree removal.
MOTION: To direct staff to return to the next Town Council meeting with a resolution that would partially grant the appeal, on the conditions that the stumps will remain in place and the property owner will obtain Streambed Alteration Agreement from the California Department and Fish and Wildlife.
Moved: Welner, seconded by Thier
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PH-3. 1911 and 1915 Mar West Street – Consider approval of a partial street abandonment associated with a proposed lot line adjustment (Community Development Department) [CONTINUED TO JANUARY 18, 2023]
DISCUSSION ITEMS
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Tiburon Town Council Minutes #23-2022 November 16, 2022 DI-1. Pickleball – Receive report from sub-committee on pickleball at Teather Park tennis courts
No action taken.
DI-2. General Plan Update – Receive update on the status of the General Plan development process
Public comment was received by:
• Julie Jacobs, who asked if there will be future opportunities to comment on the Housing Element and encouraged the Council to consider interim objective design standards. • Dorene Curtis, who asked for the opportunity to review the Housing Element in markup format after comments are incorporated.
No action taken.
DI-3. Landscape Equipment Ordinance – Discuss potential Municipal Code amendments to ban all gas-powered landscape equipment
Public comment was received by:
• Peter Brooks, who expressed concern that there were not yet viable electric tools on the market to dismantle trees and about the requirement for contractors to purchase new equipment to work in Tiburon.
The Council directed staff to proceed with developing a draft ordinance for consideration.
TOWN COUNCIL REPORTS
Councilmember Griffin shared about an upcoming event to honor United Against Hate Week.
TOWN MANAGER REPORT
Town Manager Chanis reminded the Council of a special meeting scheduled for 11/30/22.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:35 p.m.
JON WELNER, MAYOR
TOWN OF TIBURON
DocuSign Envelope ID: E74BD501-3573-410B-AF76-421689B994BD
Tiburon Town Council Minutes #23-2022 November 16, 2022 ATTEST:
LEA DILENA, TOWN CLERK
DocuSign Envelope ID: E74BD501-3573-410B-AF76-421689B994BD