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Home My WebLink AboutTC Min 2021-08-04Page 1 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 TOWN COUNCIL SPECIAL & REGULAR MEETING MINUTES Consistent with Executive Orders No. N-25-20 and N-29-20 from the Executive Department of the State of California, 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 comments@townoftiburon.org 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 Ryan, Vice Mayor Welner, Mayor Thier CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of subdivision (d) of Section 54956.9) Name of case: (Ghilotti Bros., Inc. v. Town of Tiburon, Marin County Superior Court Case Number CIV2003478) 2. PUBLIC EMPLOYEE PERFORMANCE REVIEW (Government Code Section 34957) Title: Town Manager ADJOURNMENT – to regular meeting REGULAR MEETING – 5:00 P.M. Mayor Thier called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, August 4, 2021. CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: One Vacant Seat PRESENT: EX OFFICIO: Town Manager Chanis, Director of Public Works/Town Engineer Palmer, Director of Community Development Tasini, Director of Administrative Services Creekmore, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3 Page 2 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 The Town Council approve 4-0 a settlement agreement with Ghilotti Brothers, Inc. in the amount of $81,111 in connection with a dispute over a road construction project. ORAL COMMUNICATIONS Conor Flaherty expressed disappointment an item to consider an extension of the Slow Streets program, now expired, was not placed on tonight’s agenda. CONSENT CALENDAR CC-1. Town Council Minutes – Adopt minutes for June 16, 2021 regular Town Council meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for June 29, 2021 special Town Council meeting (Department of Administrative Services) CC-3. May Investment Summary – Adopt investment summary for month ending May 31, 2021 (Department of Administrative Services) CC-4. June Investment Summary – Adopt investment summary for month ending June 30, 2021 (Department of Administrative Services) CC-5. Management and Unrepresented Employees – Adopt resolutions amending management and unrepresented employee recognition and incentive compensation programs for Fiscal Year 2021-22 (Department of Administrative Services) CC-6. Service Employees International Union – Approve Memorandum of Understanding and authorize the Town Manager to execute the agreement (Department of Administrative Services) CC-7. Fiscal Year 2021-22 Budget Amendment – Approve FY2021-22 budget amendment in the amount of $27,797 to reflect salary and employee compensation adjustments (Department of Administrative Services) CC-8. League of California Cities Annual Conference – Appoint voting delegate and alternate for the League of California Cities Annual Business Meeting (Department of Administrative Services) CC-9. 281 Karen Way Appeal – Adopt resolution that would deny the appeal heard by Council on June 16, 2021 (Community Development Department) CC-10. Virginia Utility Undergrounding District – Adopt resolution declaring surplus improvement funds in the amount of $120,600 and authorize disposition of the funds (Office of the Town Manager) DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3 Page 3 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 CC-11. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute easement acquisition agreements at 2 Palmer Court, 4 Palmer Court, and 700 Tiburon Boulevard (Department of Public Works) CC-12. Abandoned Vehicle Abatement Program – Adopt resolution that would extend the Abandoned Vehicle Abatement Program fee until 2032 (Office of the Town Manager) CC-13. SB1 Road Repair and Accountability Act – Adopt resolution that would allocate FY 2021-22 State Road Maintenance and Rehabilitation Account (RMRA) funds to fund the 2023 Street Paving Project (Department of Public Works) CC-14. Fiscal Agent SB1383 Consulting – Authorize Town Manager to enter into agreement with R3 Consulting for SB 1383 Implementation Planning on behalf of all Mill Valley Refuse Service Franchisees (Office of the Town Manager) CC-15. Marin County Housing First Case Management Program – Authorize the Town Manager to enter into an agreement with the County of Marin to contribute funds in the amount of $40,269 to the Housing First Case Management Program and authorize a FY 2021-22 budget amendment in the amount of $40,269 (Office of the Town Manager) CC-16. Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) – Authorize a financial contribution toward the Ranch in the amount of $54,880 and authorize a FY 2021-22 budget amendment in the amount of $54,880 (Office of the Town Manager) Mayor Thier requested Consent Calendar Item No. CC-9 be removed and Councilmember Ryan requested Item No. CC-11 be removed. MOTION: To adopt Consent Calendar Items No. 1-8, 10, & 11-16, as written. Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat CC-9. 281 Karen Way Appeal – Adopt resolution that would deny the appeal heard by Council on June 16, 2021 (Community Development Department) Mayor Thier stated she would recuse herself from the vote. MOTION: To adopt Consent Calendar Item No. 9, as written. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Welner RECUSED: Thier ABSENT: One Vacant Seat CC-11. Hawthorne Utility Undergrounding District – Authorize the Town Manager to execute easement acquisition agreements at 2 Palmer Court, 4 Palmer Court, and 700 Tiburon Boulevard (Department of Public Works) DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3 Page 4 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 Councilmember Ryan stated he had a material property interest within the District and would recuse himself from the vote. MOTION: To adopt Consent Calendar Item No. 11, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fredericks, Thier, Welner RECUSED: Ryan ABSENT: One Vacant Seat ACTION ITEMS AI-1. Magellan Advisors Broadband Proposal – Receive presentation from Magellan Advisors and consider authorizing the Town Manager to enter into an Agreement for developing a Broadband Strategic Plan for the Town of Tiburon (Office of the Town Manager) MOTION: To authorize the Town Manager to draft and execute a contract with Magellan Advisors in the amount of $93,750 for the completion of a Broadband Strategic Plan and to authorize a Fiscal Year 2021-22 budget amendment in the amount of $93,750 to fund the Plan with the source of funds to be from the American Rescue Plan Restricted Reserve Fund (ARP2). Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PUBLIC HEARINGS 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) Public comment was received by David Barker. MOTION: To adopt the resolution approving solid waste collection rates for 2021-2022. Moved: Fredericks, seconded by Ryan VOTE: AYES: Fredericks, Ryan NAYS: Thier, Welner ABSENT: One Vacant Seat MOTION: To continue the Public Hearing to the August 18, 2021 Town Council meeting, pending additional information requested. Moved: Fredericks, seconded by Welner VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3 Page 5 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 PH-2. Zoning Text Amendments – Consider Municipal Code Amendments to Chapter 16 (Zoning) that would further define Accessory Dwelling Unit (ADU) unit size and type, including additional text amendments to ensure consistency with state law – Introduction and first reading of ordinance (Community Development Department) MOTION: To send the draft ordinance back to the Planning Commission for further consideration, with the Council’s feedback to request reconsideration of the maximum square footage (1200 square feet vs. 1000 square feet) and to consider staff’s setback proposal. Moved: Welner, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PH-3. Tiburon Tourism Business Improvement District (TTBID) – Conduct Public Hearing to: a) consider any protests to continue TTBID assessments as set forth in Resolution No. 24-2021; b) consider adoption of resolution to continue TTBID assessments as set forth in Resolution No. 24-2021 (Office of the Town Manager) MOTION: To adopt the resolution to Collect and Levy Assessments to fund the TTBID program. Moved: Thier, seconded by Ryan VOTE: AYES: Fredericks, Ryan, Thier, Welner ABSENT: One Vacant Seat PH-4. Cypress Hollow Landscape and Lighting District (LLD) – Hold Public Hearing and consider adoption of a resolution that would confirm the assessments and order the levy and collection of assessments within the district for FY 2021-22 (Department of Public Works) MOTION: To adopt a resolution confirming the assessments and ordering the levy and collection of assessments within the district for Fiscal Year 2021-22. Moved: Ryan, seconded by Fredericks VOTE: AYES: Fredericks, Ryan, Welner, Thier ABSENT: One Vacant Seat TOWN COUNCIL REPORTS Councilmember Fredericks requested the Council request a presentation from Richardson Bay Regional Agency Harbormaster Curtis Havel regarding the activities of the agency and the Council’s responsibility and role. TOWN MANAGER REPORT ADJOURNMENT DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3 Page 6 of 6 Tiburon Town Council Minutes #13-2021 August 4, 2021 There being no further business before the Town Council of the Town of Tiburon, Mayor Thier adjourned the meeting at 7:25 p.m. HOLLI THIER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK DocuSign Envelope ID: 3A9B6546-A950-4732-948D-25E139C650F3