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Tiburon Town Council Minutes #09-2022 April 20, 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 comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 4:00 P.M. Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on
Wednesday, April 20, 2022.
CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan,
Mayor Welner
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1
potential case) 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, April 20, 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,
Director of Community Development Tasini, Director of Administrative Services Creekmore, Associate Engineer Eshoo, Superintendent of Public Works Kerslake
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Tiburon Town Council Minutes #09-2022 April 20, 2022
ORAL COMMUNICATIONS
Sanna Thomas and Shirley Huang both spoke in support of Tiburon’s efforts to reduce
greenhouse gas emissions by participating in the County’s efforts to require new buildings to be all-electric. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
No reportable action. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Victoria Gazulis, Belvedere-Tiburon Joint Recreation CONSENT CALENDAR
CC-1. Town Council Meetings – Adopt minutes for the March 16, 2022 Town Council special
and regular meetings (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending February 28, 2022 (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. Special Vacancy – Announce special vacancy on the Building Code Appeals Board
(Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-4, as written. Moved: Fredericks, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 15 (View and
Sunlight Obstruction from Trees) of the Tiburon Municipal Code related to view dispute
resolution – Introduction and first reading of ordinance (Community Development Department) Public comment was received by:
• Andrew Thompson, who spoke in support of a prior version of the ordinance that explicitly required the party with the offending tree to be financially responsible for maintaining the view rights of neighbors.
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Tiburon Town Council Minutes #09-2022 April 20, 2022
• Lalita Waterman, who said Town-sponsored mediation was a prudent solution and said a
panel of mediators could be paid $250/hour, or perhaps they would be willing to do the
work on a volunteer basis or nominal fee.
• Bob Nadjibi, who spoke in support of the proposed amendments.
• Wendy Walley, who spoke in support of the proposed amendments.
MOTION: To introduce the ordinance, read by title only, and to pass first reading of the proposed ordinance, waiving further readings, and to schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner Mayor Welner read “An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees)”.
ROLL CALL VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS
AI-1. General Plan Housing Element Update – Receive report of Housing Element
community engagement workshops related to housing opportunity sites and rezoning proposals, provide feedback on strategy to meet the Town’s RHNA requirements for 639 housing units, and consider approval of proposed housing sites for the Housing Element and EIR (Community Development Department)
Public comment was received by:
• Tim Metz, who believed the proposed housing density at the Cove Shopping Center was too high and recommended the Council consider the Romberg Tiburon Center site for
additional housing.
• Jim Allen, one of the owners of the Boardwalk Shopping Center and post office sites, offered to work with the Town to plan for housing on those sites.
• Holly Kaiser, who also expressed concerns with additional housing at the Cove Shopping
Center and suggested the Council consider putting more housing density downtown near
the ferry terminal.
• Andrew Allen, who said the Housing Element laws require that governments calculate the housing density that can realistically be achieved at sites and too low of a density can
prevent economy of scale development and workforce housing; he recommended the
proposed density at the Boardwalk Shopping Center be increased. The Council expressed the desire to undertake a deeper discussion on the proposed housing sites at another Town Council meeting. The Council asked the staff to return with more information
about the analysis done to determine viable or nonviable housing sites and whether density can
be adjusted anywhere. MOTION: To table the discussion until the Town Council retreat on 4/27/22.
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Tiburon Town Council Minutes #09-2022 April 20, 2022
Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-2. Police Officer Trainee – Consider creation and approval of a new job classification for Police Department Trainee (Department of Administrative Services) MOTION: To approve the Police Officer Trainee classification, the classification
specification and salary range placement.
Moved: Thier, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-3. Del Mar Traffic Calming Improvement Project – Consider authorization of the Town
Manager to approve and execute the contract for the Del Mar Traffic Calming
Improvement Contract with Mercoza in the amount of $285,500.45 and authorize the Town Manager to approve construction change orders in an amount not to exceed 12% as contingency (Department of Public Works)
Public comment was received by:
• Chuck Hornbrook, who spoke in support of the proposed project and improvements. MOTION: To authorize the Town Manager to approve the award of contract for the Del Mar
Traffic Calming Improvement Project to Mercoza for $285,500.45 and to
authorize the Town Manager to approve contract change orders not to exceed 12% ($34,260.05) of the contract amount as a contingency for unforeseen construction issues. Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-4. Resolution on Anti-Semitism – Consider approval of the Town Council’s resolution against hate and anti-Semitism (Diversity Inclusion Task Force)
MOTION: To adopt the resolution.
Moved: Welner, seconded by Thier VOTE AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-5. Appointment to Town Boards and Commissions – Consider making one appointment
to the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) (Department of
Administrative Services) MOTION: To appoint Victoria Gazulis to the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”).
Moved: Thier, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
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Tiburon Town Council Minutes #09-2022 April 20, 2022
PUBLIC HEARINGS
PH-2. Municipal Code Amendments – Consider amendments to Chapters 14 (Subdivision of
Land) and 16 (Zoning) of the Tiburon Municipal Code related to the implementation of Senate Bill 9 regulations regarding two-unit housing developments and urban lot splits within single family residential zones – Introduction and first reading of ordinance (Community Development Department)
MOTION: To continue the public hearing to the May 4, 2022 Town Council regular meeting. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
DISCUSSION ITEMS DI-1. Town Improvement Projects Construction Staging – Discuss the use of Blackie’s Pasture as a staging area for Town-owned projects (Department of Public Works)
Public comment was received by:
• Arin Mesa, who spoke against the Blackie’s Pasture lot being used as a construction stating area, citing visual and noise impacts, property value impact, parking problems
both at the park and overflow into the neighborhood.
• Kim Liddell, who spoke against the area being used as a staging area, citing similar concerns and believed the area was designated as recreational space and needed further environmental review.
• Lorraine Gemigniani, who commented that there were potentially no other viable areas to use for Town staging and believed finding a staging area closer to downtown might add to Tiburon Boulevard traffic issues.
• Lynne West, spoke against the area being used as a staging area and further noted that the
parking lot can already be dangerous for kids and animals due to lack of available
parking; she urged the Council to consider adoption of use restrictions or limitations and to involve the Parks, Open Space and Trails Commission.
• Matt Mesa, who spoke against the staging area and believed contractors should be
responsible for finding their own staging areas on non-public property, and noted that the
contractors at the Blackie’s Pasture site were using the staging area outside of regular construction hours. The Council directed staff to cease use of Blackie’s Pasture as a construction staging area for Town-owned projects until the Town Attorney can provide a legal analysis on the use of the
space and to speak with the contractor currently using the space to address the concerns raised during the meeting. DI-2. Virtual Public Meetings – Discuss the potential for return to in-person public meetings
(Department of Administrative Services)
The item was continued to the next Town Council meeting.
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Tiburon Town Council Minutes #09-2022 April 20, 2022
TOWN COUNCIL REPORTS
There were none. TOWN MANAGER REPORT There were none.
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 9:25 p.m.
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
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