Tiburon Town Council Minutes #13-2023 June 21, 2023
TOWN COUNCIL
REGULAR MEETING
MINUTES
Mayor Ryan called the regular meeting of the Tiburon Town Council to order at 6:30 p.m. on Wednesday, June 21, 2023, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Welner
ABSENT: COUNCILMEMBERS: Thier, One Vacant Seat
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini, Public
Works Engineering Manager Eshoo, Public Works
Operations Manager Kerslake, Town Clerk Dilena
ORAL COMMUNICATIONS
Eric Pifer complained of the noise from pickleball at the Tiburon Peninsula Club.
Pamela McConnell-Douglass said she wanted a job.
INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Stephen Golden, Belvedere-Tiburon Joint Disaster Advisory Council • Mary McDevitt, Belvedere-Tiburon Joint Disaster Advisory Council • Lauren Monson, Belvedere-Tiburon Joint Disaster Advisory Council • Albert Yu, Belvedere-Tiburon Library Agency Board of Trustees
CONSENT CALENDAR
CC-1. CalFire Agreement – Authorize the Town Manager to execute an agreement with the California Department of Forestry and Fire Protection (Cal Fire) to provide fire protection services on Angel Island (Office of the Town Manager) CC-2. Municipal Code Amendments – Adopt amendments to Chapter 16 (Zoning) of the Tiburon Municipal Code to implement provisions of the 2023-2031 Housing Element and the 2040 General Plan Land Use and Downtown Elements (Community Development Department)
CC-3. Tiburon Tourism Business Improvement District – Adopt Resolution of Intention to levy assessments for Fiscal Year 2023-24 (Office of the Town Manager) MOTION: To adopt Consent Calendar Items No. 1-3, as written.
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Tiburon Town Council Minutes #13-2023 June 21, 2023
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
ACTION ITEMS
AI-1. Appointments to Town Boards and Commissions – Consider making appointments to the Belvedere-Tiburon Library Agency Board of Trustees, the Marin Commission on Aging, and the Belvedere-Tiburon Joint Disaster Advisory Council (Department of Administrative Services)
MOTION: To appoint Ken Weil to a 4-year term on the Belvedere-Tiburon Library Agency Board of Trustees.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: One Vacant Seat
MOTION: To appoint Jane Gould to a 4-year term on the Marin Commission on Aging.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
MOTION: To appoint Mary McDevitt to the Belvedere-Tiburon Disaster Advisory Council.
Moved: Welner, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
AI-2. Building Permit Extension – Consider granting a building permit extension for Building Permit No. BR18-210, located at 275 Diviso Street (Community Development Department)
MOTION: To grant the permit extension, effective 8/1/2023, contingent upon the full fee being paid, but depending on when the project is completed, a prorated portion of the fees may be refunded for whatever portion of the six-month extension was not used.
Moved: Welner, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
AI-3. ODDS Development Work Contract – Consider award of contract to O’Rourke and Associates for an additional services contract in an amount not to exceed $141,870 to complete the Objective Design Standards for Multi Family Developments and additional services for the Adopted Housing Element (Community Development Department) Public comment was received by:
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Tiburon Town Council Minutes #13-2023 June 21, 2023
• Jeff Chanin spoke about the ADU survey and believed it needed to be released sooner. • Julie Jacobs asked who will be paying for the survey and whether the survey results would reduce units only from Site H or across town.
• MaryAnn Chanin presented a draft mailer that was ready to go quickly and said any meeting with stakeholders should be public.
• Cynthia Massey-Kim agreed with releasing the survey sooner and recommended postponing the next Planning Commission meeting until the matter is resolved.
MOTION: To authorize the Town Manager to approve the award of contract for the development of objective design standards for multifamily developments, conducting an ADU survey and responses to the 4th submission of the Housing Element in the amount not to exceed $141,870, and to authorize a Fiscal Year 2024 budget amendment in the amount of $141,870 from the General Fund Operating Reserves to fund the work.
Moved: Welner, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
AI-4. Fiscal Year 2023-24 Municipal Budget and Capital Improvement Program – Adopt resolutions that would: a) approve the Fiscal Year 2023-24 Municipal Budget; b) approve the Fiscal Year 2023-24 Capital Improvement Program; c) approve the Gann limit appropriations limit for FY 2023-24; d) amend management and unrepresented employee recognition and incentive compensation programs for FY 2023-24 (Department of Administrative Services)
MOTION: To adopt the following resolutions that would: 1) approve the Fiscal Year 2023- 24 Municipal Operating Budget Plan; 2) establish the Fiscal Year 2023-24 Appropriations Limit; 3) adopt the Fiscal Year 2023-24 Mid-Management and Unrepresented Employees Recognition and Incentive Compensation Program; and 4) adopt the Fiscal Year 2023-24 Management Recognition and Incentive Compensation Program.
Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
The resolution approving the Fiscal Year 2023-24 was tabled until after the East View Avenue Rehabilitation (AI-5) and Paving Contact Award (AI-6) items.
MOTION: To adopt the resolution approving the Capital Improvement Program for Fiscal Year 2023-24, as amended, to remove the McKegney Green Pathway Improvement and the Paradise Drive Stabilization projects.
Moved: Welner, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
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Tiburon Town Council Minutes #13-2023 June 21, 2023
AI-5. East View Avenue Rehabilitation – Consider award of the Eastview Avenue Rehabilitation Project contact to RK Engineering Inc. for $441,505 and authorize the Town Manager to approve construction contract change orders up to 10% of the contract amount (Department of Public Works)
Public comment was received by:
• David Ford expressed support for the repaving of the street this year.
MOTION: To authorize the Town Manager to approve the award of contract for the Eastview Avenue Rehabilitation Project to RK Engineering for $441,505, to authorize the Town Manager to approve change orders up to 10% of the construction contract amount, to authorize the Town Manager to approve the Construction Management Services Contract with Pavement Engineering, Inc. in the amount of $88,371 for the project, and to direct staff to include $574,027 in the Fiscal Year 2023-24 Capital Improvement Program budget.
Moved: Ryan, seconded by Fredericks
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
AI-6. Award Paving Contracts – Consider authorizing the Town Manager to approve the award of contract for: a) the 2023 Pavement Rehabilitation Project to Team Ghilotti for $2,217,217 and authorize the Town Manager to approve change orders; b) the 2022 Pavement Maintenance Project to Doolittle Construction for $1,195,195 and authorize the Town Manager to approve change orders; c) the 2022 Pavement Maintenance Project to Pavement Engineering Inc. for $185,160; and d) to direct staff to include $2,441,538 for the 2023 Pavement Rehabilitation Project and $1,386,415 for the 2022 Pavement Maintenance Project in the FY 2024 Capital Improvement Program Budget (Department of Public Works)
MOTION: To authorize the Town Manager to: 1) award the 2023 Pavement Rehabilitation Project contract to Team Ghilotti in the amount of $1,587,217 and approve construction change orders up to 5%; 2) to award the 2022 Pavement Maintenance Project to Doolittle Construction for $1,083,195 and approve construction change orders up to 10%; and 3) award 2022 Pavement Maintenance Project contract to Pavement Engineering Inc. in the amount of $185,160; and to direct staff to include in the FY 2024 Capital Improvement Program budget the amounts amended according to the Paving Contracts Alternative sheet.
Moved: Welner, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
PUBLIC HEARINGS
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Tiburon Town Council Minutes #13-2023 June 21, 2023
PH-1. Mill Valley Refuse Service Rate Increase Application – Consider adoption of a resolution that would approve a rate increase requested by Mill Valley Refuse Service for residential and commercial refuse hauling services (Office of the Town Manager) MOTION: To adopt the resolution approving solid waste collection rates for the period of July 1, 2023 through June 30, 2024.
Moved: Fredericks, seconded by Ryan
VOTE: AYES: Fredericks, Ryan, Welner
ABSENT: Thier, One Vacant Seat
TOWN COUNCIL REPORTS
Vice Mayor Fredericks thanked the Diversity Inclusion Task Force for their work on the Juneteenth event and recommended the Legislative Committee write an opposition letter related to SB 584.
TOWN MANAGER REPORT
Town Manager Chanis reported both the July 5 & July 19 regular Town Council meetings would be cancelled.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Ryan adjourned the meeting at 9:40 p.m.
JACK RYAN, MAYOR
TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
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