HomeMy WebLinkAboutTC Agd Pkt 2022-12-07
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920
Tiburon Town Council
December 7, 2022
Special Meeting – 4:00 P.M.
Regular Meeting- 5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), the Town Council meeting will not be physically
open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at:
Audio/Video Webinar: https://us06web.zoom.us/j/81727315087 Webinar ID: 817 2731 5087
Call-in Number: +1 669 900 6833 Access Code: 817 2731 5087 Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the
agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record.
Any member of the public who needs accommodations should email or call the Town Clerk who will use their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable
accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at www.townoftiburon.org.
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 Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit
your comments to three (3) minutes. CONSENT CALENDAR CC-1. Richardson Bay Sanitary District Agreement – Rescind previous 11/3/21 Council action, accept new survey boundary, approve the final purchase and sale agreement, and authorize the
Town Manager to execute the agreement to acquire real property owned by the Richardson Bay Sanitary District (Office of the Town Manager) CC-2. November 8, 2022 General Municipal Election – Adopt resolution certifying the results of the November 8, 2022 General Municipal Election (Department of Administrative Services) [STAFF REPORT AND RESOLUTION PENDING CERTIFICATION APPROX. 12/5] CC-3. Annual Appointments List – Adopt annual list of appointments made by the Town Council in 2022 (Department of Administrative Services) CC-4. 4576 Paradise Drive Appeal – Adopt resolution partially granting the appeal of Design Review
Board approval at 4576 Paradise Drive (Community Development Department)
PRESENTATIONS P-1. Oath of Office – The Councilmembers-elect will be sworn into office. P-2. Introduction of New Town Staff – Police Captain Michelle Jean ACTION ITEMS AI-1. Recognition of Mayor Jon Welner – Mayor Welner is invited to share his comments and the Council is invited to share their comments with the outgoing Mayor, as well. AI-2. Election of New Mayor – Outgoing Mayor Welner will entertain nominations for the Office of Mayor and conduct the election. AI-3. Election of New Vice Mayor – The Mayor-elect will conduct the election of Vice Mayor. AI-4. Town Manager Performance Evaluation – Consider creation of the 2023 Town Manager Performance Evaluation ad hoc subcommittee and appoint membership. DISCUSSION ITEMS DI-1. Teleconference Meetings – Discuss the return to in-person Town Council and Town legislative body meetings in 2023 TOWN COUNCIL REPORTS TOWN MANAGER REPORT ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website, www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred
alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it
reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Rescind Previous Council Action on November 3, 2021 and Accept New Survey Boundary and Final Purchase and Sales Agreement to Acquire Real
Property Currently Owned by Richardson Bay Sanitary District for a Purchase
price of $573,704.05. Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Council to rescind previous action on November 3, 2021 approving the draft Purchase and Sales Agreement and consider accepting a new Survey Boundary and Final Purchase and Sales Agreement for property owned by Richardson Bay Sanitary District located at 500 Tiburon Boulevard, for a purchase price of $573,704.05. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Rescind Previous Council Action on November 3, 2021, Accept New Survey Boundary, Approve as to form the Final Purchase and Sales Agreement attached as Exhibit 3 and authorize the Town
Manager to execute the agreement.
BACKGROUND
Over the past 2-3 years, representatives from the Town and the Richardson Bay Sanitary District (RBSD), collectively referred to as the Parties, have been in discussions regarding the possibility of the Town acquiring a portion of RBSD owned property located on the Old Rail Trail between Blackies Pasture and McKegney Green. An aerial photo showing the approximate boundaries of
the subject property is attached as Exhibit 1.
The Parties negotiated the terms of an agreement, resulting in a draft Purchase and Sales Agreement (P&S) that was approved by Council on November 3, 2021. Subsequently, the parties commissioned a survey in order to accurately describe the property, and RBSD contacted Town
Staff with concerns that the property as described in the draft P&S contains utility structures that
RBSD owns and would need access to for maintenance. The surveyor created the survey to include the sanitary sewer easement along the east side of the proposed area to be granted, a floating access easement for the Town to gain access to the property and a reduction in the
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: CC-1
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 3
proposed area to be granted from the estimated square footage to an exact number of 32,820SF. A copy of the new Survey Boundary as approved by the Parties is attached as Exhibit 2. ANALYSIS
Given that the square footage decreased when the actual survey was conducted, the parties agreed to reduce the original purchase price consistent with the decrease in square footage to $573,704.05. Both parties recognize the subject property was once part of an operational Wastewater Treatment Plant and agree the transaction should be contingent on the ability to
receive regulatory closure from the appropriate agency(ies), at a cost that is not prohibitive to
either Party. As a result, the new P&S includes terms allowing either party to terminate the agreement if the closure process is deemed too costly, or complex. Council authorized the Town Manager at the February 2, 2022 meeting to enter into a contract
with EKI to prepare a closure plan and conduct soil and groundwater sampling once the Final
P&S is fully executed. Below is an estimated timeline provided by EKI:
• EKI to provide draft Closure Plan for Town review – January 10, 2023
• Town to provide comments on Closure Plan – by January 20, 2023
• EKI to provide revised Closure Plan for submittal to RWQCB – January 27, 2023
• RWQCB to provide comments on Closure Plan – by February 27, 2023
• EKI to provide response to comments and final Closure Plan – by March 15, 2023
• EKI to perform sampling and obtain laboratory analysis results as outlined in Closure Plan –
March 15 through May 15, 2023
• EKI to provide draft Closure Summary Report for Town Review – by June 12, 2023
• Town to provide comments on Closure Summary Report – by June 19, 2023
• EKI to provide Closure Summary Report for submittal to RWQCB – by June 26, 2023 Both Parties can terminate the agreement as stated in the P&S within 60 days of receipt of the closure requirement from RWQCB if the costs related to the closure of the ponds exceeds the amount that the Town is willing to pay or if RWQCB requires that RBSD perform improvements
to other property owned by them or imposes increased regulatory requirements as a condition to closure of the ponds. FINANCIAL IMPACT
If the P&S is approved by Council, in addition to the purchase price, the Town will be required to expend additional funds to determine what the exact closure requirements will be, and to meet those requirements if the deal moves forward. It is very difficult at this point to estimate what those additional costs will be, however staff anticipates they could total several hundred thousand more than the purchase price of $573,704.05.
At their October 19, 2022 meeting, Council earmarked $800,000 of American Rescue Plan funds for the RBSD land acquisition project.
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 3 OF 3
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council:
1. Rescind Previous Council Action on November 3, 2021, Accept New Survey Boundary, Approve as to form the Final Purchase and Sales Agreement attached as Exhibit 3 and authorize the Town
Manager to execute the agreement. Exhibit(s): 1. Aerial photo of subject property 2. New Survey Boundary 3. Final Purchase and Sales Agreement Prepared By: Greg Chanis, Town Manager
EXHIBIT 1
EXHIBIT 2
EXHIBIT 3
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Adopt Resolution Certifying November 8, 2022 General Election Results
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY On December 5, 2022, the Marin County Registrar of Voters certified the results of the November 8,
2022 general municipal election. Today the Council will adopt a resolution certifying the results. RECOMMENDED ACTION(S) 1. Adopt a resolution (Exhibit 3) certifying the results of the November 8, 2022 general election by adoption of this item on the Consent Calendar.
BACKGROUND
The Marin County Registrar of Voters certified the results of the November 8, 2022 general municipal election on December 5, 2022. Attached to this report are the Canvass of Vote (Exhibit 1) and the Statement of Results (Exhibit 2) for votes cast in the Town of Tiburon. Staff has prepared a resolution (Exhibit 3) for Council adoption certifying the election results
based on the Registrar’s report. The Marin County Board of Supervisors will approve the results as well. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this resolution.
CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to
global climate change.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: CC-2
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 2
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council adopt a resolution (Exhibit 3) certifying the results of the November 8, 2022 general municipal election by adoption of this item on the Consent Calendar.
Exhibit(s): 1. Certificate of Canvass of Vote 2. Statement of Results for votes cast in Tiburon 3. Draft resolution certifying election results Prepared By: Lea Dilena, Town Clerk
EXHIBIT 1
EXHIBIT 2
12/5/2022 11:10:39 AM
MARIN COUNTY ELECTIONS DEPARTMENT
GENERAL ELECTION - NOVEMBER 8, 2022
Official Final Election Results
Precincts Reported: 137 of 137 (100.00%)
Voters Cast: 121,402 of 170,534 (71.19%)
Town of Tiburon Town Council Member (Vote for 3)
Precincts Reported: 6 of 6 (100.00%)
Total
Times Cast 4,756 / 6,664 71.37%
Candidate Party Total
JACK RYAN 2,840 29.87%
JON WELNER 2,391 25.14%
ALICE FREDERICKS 2,337 24.58%
ISAAC NIKFAR 1,941 20.41%
Write-in 0 0.00%
Total Votes 9,509
EXHIBIT 3
Page 1 of 2
Town Council Resolution No. XX-2022 DRAFT 12/07/2022
DRAFT RESOLUTION NO. XX-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON, RECITING THE FACT OF THE GENERAL MUNICIPAL
ELECTION HELD ON NOVEMBER 8, 2022 DECLARING THE RESULT
AND OTHER SUCH MATTERS AS PROVIDED BY LAW
WHEREAS, a General Municipal Election was held and conducted in the Town of Tiburon,
California on Tuesday, November 8, 2022, as required by law; and
WHEREAS, notice of election was given in time, form, and manner as provided by law; that
election officers were appointed and that in all respects the election was held and conducted and
the votes were cast, received and canvassed and the returns made and declared in time, form and
manner as required by the provisions of the Elections Code of the State of California for the
holding of elections in general law cities; and
WHEREAS, the Marin County Registrar of Voters canvassed the returns of the election and has
certified the results to the Town Council, the results are received, attached, and made a part hereof
as Exhibit A.
NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That the whole number of ballots cast in the Town of Tiburon was 4,756, which
comprised 71.37% of the registered voters (6,664).
SECTION 2. That the names of the persons voted for the office of Town Councilmember were:
Jack Ryan
Jon Welner
Alice Fredericks
Isaac Nikfar
SECTION 3. That the number of votes given in the Town to each of the persons listed above
named for the office of Town Councilmember were as follows:
Candidate Total Votes Percentage of Votes
Jack Ryan 2,840 29.87% Jon Welner 2,391 25.14%
Alice Fredericks 2,337 24.58%
Isaac Nikfar 1,941 20.41%
SECTION 4. The Town Council Does declare and determine that the following persons were
elected as a member of the Town Council of the Town of Tiburon for the full term of four years:
Jack Ryan
Jon Welner
Alice Fredericks
Page 2 of 2
Town Council Resolution No. XX-2022 DRAFT 12/07/2022
SECTION 5. The Town Clerk shall enter on the records of the Town Council of the Town of
Tiburon, a statement of the result of the election, showing: (1) the whole number of ballots cast
in the Town; (2) the names of the persons voted for; (3) for what office each person was voted
for; (4) the number of votes given to each person.
SECTION 6. That the Town Clerk shall immediately make and deliver to each of the persons so
elected a Certificate of Election signed by the Town Clerk and authenticated; that the Town
Clerk shall also administer to each person elected the Oath of Office prescribed in the
Constitution of the State of California and shall have them subscribe to it and file it in the office
of the Town Clerk. Each and all of the persons so elected shall then be inducted into the
respective office to which they have been elected.
SECTION 7. That the Town Clerk shall certify to the passage and adoption of this resolution
and enter it into the book of original resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
this 7th day of December, 2022, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA DILENA, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Adopt Annual Appointments List for 2022
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Every December, pursuant to Town policy and state law, the Council formally adopts the Annual
Appointments List and authorizes staff to publish the list to inform the public of the appointments the Town Council made in the previous calendar year. RECOMMENDED ACTION(S) 1. Adopt the Annual Appointments List for January through December 2022 by adoption of this item on the Consent Calendar.
BACKGROUND Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and state law (Government Code section 54972), the Town Council is required to adopt and publish a list of appointments it had made to local boards and commissions throughout the year, prior to
December 31 of each year. The list is posted at Town Hall. A list of appointments made by the Town Council for the period January through December 2022 is provided for the Council’s adoption as Exhibit 1.
The current Town Council Committee Appointments List is attached as Exhibit 2. The Council will review and make changes or new appointments for 2023 at the Council’s first regular meeting in January. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: CC-3
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 2
CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to
global climate change.
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council adopt the Annual Appointments List for January through December 2022 by adoption of this item on the Consent Calendar.
Exhibit(s):
1. List of Local Appointments January through December 2022 2. Town Council Committee Appointments (December 2022)
Prepared By: Lea Dilena, Town Clerk
EXHIBIT 1
Commission Incumbent Date Appointed Term Expires
Eric Woodward May 2019;
reappointed 2022 February 2026
Kathleen Defever March 2018;
reappointed 2022 February 2026
Erica Williams May 2014;
reappointed 2015, 2019 February 2023
Jeff Tsai November 2017;
reappointed 2020 February 2024
Daniel Amir September 2017;
reappointed 2021 February 2025
Fahad Al Dughaish September 2022 February 2023
Miles Berger April 2019 February 2023
Bryan Chong
March 2008;
reappointed 2012, 2016,
2020
February 2024
Suzanne Kim October 2017
reappointed 2020 February 2024
James Malott September 1, 2021 February 2025
Liz Judge March 2022 Feburary 2026
Isaac Nikfar September 2017;
reappointed 2018, 2022 Feburary 2026
Chuck Hornbrook March 2019 February 2023
Angela McInerney September 2017
reappointed 2020 February 2024
Timothy Burr March 2020 February 2024
Francella Hall
October 2012;
reappointed 2014, 2018,
2022
February 2026
Azita de Mujica
October 2010;
reappointed 2014, 2018,
2022
February 2026
Jaleh Etemad August 2018,
reappointed 2022 February 2026
Victoria Fong July 2015,
reappointed 2019 February 2023
Arjun Gupta March 2022 February 2024
Patricia Ferrin May 20, 2020 February 2024
Leonor Noguez November 2017;
reappointed 2020 February 2024
Town of Tiburon
Local Appointments List
(December 2022)
PLANNING COMMISSION
Must be Tiburon Resident
DESIGN REVIEW BOARD
Must be Tiburon Resident
PARKS, OPEN SPACE AND
TRAILS COMMISSION
Must be Tiburon Resident
HERITAGE & ARTS
COMMISSION
Must be Peninsula Resident
Commission Incumbent Date Appointed Term Expires
Tina Paikeday February 2022 February 2023
Anette Harris February 3, 2021 February 2023
Ruben Kalra February 3, 2021 February 2023
February 2023
Karen Carrera March 31, 2021 February 2023
Brian McLeran September 2018 February 2023
Don Schneier May 1, 2021 February 2025
Mark Swanson February 2012;
reappointed 2015, 2019 February 2024
Kelly Turbin March 2021 February 2025
Richard Wodehouse March 2021 February 2025
Stewart Summers
(ALTERNATE)May 19, 2021 February 2026
Jerry Riessen
October 1992;
reappointed 1999,
2003, 2007, 2011,
2013, 2015, 2019
February 2023
Jason Rosell March 2019 February 2023
Victoria Gazulis April 2022 February 2024
Noah Griffin (TC Rep.)January 2022 Annual
Appointment
Sherry Wangenheim
(RUSD)2017 No set term
limit
Stephanie Hill September 2022 No set term
limit
James Sherman 2006 No set term
limit
Holli Thier (TC Rep.)November 2019 Annual
Appointment
Jeff Slavitz September 2018,
reappointed 2022 June 2026
Ken Weil August 2019 June 2023
Larry Drew August 5, 2020 June 2024
Niran Amir (RUSD)November 2017 June 2025
DIVERSITY INCLUSION TASK
FORCE
Must be Tiburon or
Belvedere Resident
5 Town Council members + 5 at-large community members
BUILDING CODE APPEALS
BOARD
THE RANCH COMMITTEE
(Belvedere-Tiburon Joint
Recreation Committee)
3 Tiburon Residents
3 Belvedere Residents
1 RUSD Appointment
1 appointment from each
City Council
DISASTER ADVISORY
COUNCIL
ONE VACANT SEAT
MARIN COMMISSION
ON AGING Jane Gould October 20, 2021 June 2023
BELVEDERE-TIBURON
LIBRARY BOARD OF
TRUSTEES
3 Tiburon Residents
3 Belvedere Residents
Commission Incumbent Date Appointed Term Expires
HILARITA - TIBURON
REPRESENTATIVE
Tiburon Resident
Interest in affordable
housing/Town's policies on
affordable housing
Carolyn Grey April 2017 No set term
limit
TOWN HISTORIAN
Must be Tiburon Resident David M. Gotz July 2015 No set term
limit
TOWN TREASURER
Tiburon resident -
Financial Background
VACANT
[William Osher]
January 1998;
(resigned 2015)
No set term
limit
ARTIST LAUREATE May 2022
MOSQUITO & VECTOR
CONTROL DISTRICT BOARD
Tiburon Resident
Cathy Benediktsson August 5, 2020 December 2022
VACANT
EXHIBIT 2
2022 Town Council Committee Appointments List 12/2022 Page 1 of 4
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2022
I. STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS (General Assembly meets in April and October)
Holli Thier, Delegate
Jon Welner, Alternate
2. COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITY-SETTING COMMITTEE (CDBG) (Meets twice a year in Marin City and at Civic Center)
Holli Thier, Delegate
Jack Ryan, Alternate
3. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
Alice Fredericks
• Voting Delegate for Town of Tiburon
o Alternate: Holli Thier
• Transportation, Communication & Public Works State Policy Committee -
(Appointment by North Bay Division of the League of CA Cities)
4. MARIN CLEAN ENERGY BOARD OF DIRECTORS
(Meets 1st Thursday from 7–9 p.m. at 1 McGinnis Parkway, San Rafael)
Holli Thier, Delegate
Jack Ryan, Alternate
5. MARIN CLIMATE AND ENERGY PARTNERSHIP (MCEP)
Local Governments for Sustainability (Meets 1st Thursday, San Rafael City Hall)
Samantha Bonifacio (Assistant Planner), Staff Liaison & voting board member
6. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed) Police Chief Ryan Monaghan, Delegate
Noah Griffin, Alternate
7. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. - Sausalito City Hall)
Jack Ryan, Delegate
Alice Fredericks, Alternate
2022 Town Council Committee Appointments List 12/2022 Page 2 of 4
8. TRANSPORTATION AUTHORITY OF MARIN
BOARD OF COMMISSIONERS (Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center)
Alice Fredericks, Board member [Term = 1/1/2020 – 12/31/2023]
• Fredericks serves on the Human Resources Ad Hoc Committee, and
Administration Projects Planning Executive Committee
• Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC
Jack Ryan, Alternate
II. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2nd Tuesday from 4:00 - 5:30 p.m. in the Town Council Chambers) Holli Thier, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch) (Meets bi-monthly on 3rd Monday in the Town Hall Community Room)
Noah Griffin, Town Council Voting Member
3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16)
[JPA members include Town of Tiburon, City of Belvedere, RUSD]
Holli Thier – Primary Director
Jack Ryan – Primary Director
4. CHAMBER OF COMMERCE LOCAL BUSINESS TASK FORCE
[Task Force members include Chamber Exec. Director, Tiburon Town Manager,
Destination Tiburon member, and two retail representatives]
VACANT
Jack Ryan
III. TOWN STANDING COMMITTEES
1. DIVERSITY INCLUSION TASK FORCE
• Holli Thier (Chair)
• Noah Griffin (Vice Chair)
2. DOWNTOWN REVITALIZATION
• Jack Ryan
• Holli Thier
3. LEGISLATIVE ACTION
• Jon Welner
• Alice Fredericks
2022 Town Council Committee Appointments List 12/2022 Page 3 of 4
4. MARTHA PROPERTY APPLICATIONS
• Jon Welner
• Alice Fredericks
5. USE OF TECHNOLOGY
• Holli Thier
• Jon Welner
IV. TOWN AD HOC COMMITTEES
1. SUSTAINABILITY
• Alice Fredericks
• Jon Welner
2. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY
• Alice Fredericks
• Jack Ryan
3. 2022 TOWN MANAGER PERFORMANCE EVALUATION
• Holli Thier
• Noah Griffin
4. 2022 BUDGET FINANCE
• Jon Welner
• Jack Ryan
5. 2022 COURT USAGE
• Alice Fredericks
• Jack Ryan
V. BOARD OF SUPERVISORS APPOINTMENTS
Nominated by MCCMC and appointed by Board of Supervisors
GOLDEN GATE BRIDGE, HIGHWAY & TRANSPORTATION DISTRICT BOARD OF DIRECTORS
(Meets 2nd & 4th Fridays at 10 a.m., GGBHTD offices) Holli Thier [current term = 1/1/2022 – 1/1/2024]
VI. MCCMC COMMITTEE APPOINTMENTS
1. Legislative Committee [a Standing Committee per MCCMC Bylaws]
(Meets4th Monday at 8:00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
2022 Town Council Committee Appointments List 12/2022 Page 4 of 4
No alternate
2. JPA Oversight Ad Hoc Committee
(Meetings scheduled as needed)
Jack Ryan, delegate
No alternate
3. Climate Change and Sea Level Rise – Ad Hoc Committee
(Meetings scheduled as needed)
Jon Welner, delegate
Alice Fredericks, alternate
4. Pension and OPEB Reform Committee
Holli Thier, Delegate
Noah Griffin, Delegate
Jack Ryan, Alternate
5. Disaster Preparedness Committee
Jack Ryan, Delegate
Holli Thier, Alternate
6. Water Policy Committee
Holli Thier Delegate
[vacant], Delegate
7. Marin County Bay Waterfront Adaptations Vulnerability Evaluation
*(Bay WAVE) Policy Group
Alice Fredericks’ appointment affirmed by Town Council on April 20, 2016
8. HOMELESS POLICY STEERING COMMITTEE (HPSC)
(Under auspices of County Dept. of Health Human Services)
Noah Griffin, Town representative
VII. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee
(Meetings scheduled as needed)
[VACANT]
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Greg Chanis
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Community Development Department
Subject: Adoption of a resolution denying the appeal by James Massey of the Design Review Board’s approval of a Tree Permit for the removal of seven (7) Blue
Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree
and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive. The property is located within the RPD zoning district. Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY
On November 16, 2022, the Town Council unanimously voted to deny an appeal of the Design Review Board’s decision regarding tree removal permit at 4576 Paradise Drive. A resolution for consideration by the Town Council has been attached as Exhibit 1 memorializing that decision.
RECOMMENDED ACTION(S) 1. Adopt the Resolution as part of the Consent Calendar.
BACKGROUND
On September 1, 2022, the Design Review Board conditionally approved a Tree Permit application for the removal of seven (7) Blue Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive. On October 3, 2022, a timely appeal was filed. On November 16, 2022, the Town Council
held a public hearing on an appeal of the Design Review Board’s decision to permit the removal
of trees at 4576 Paradise Drive. After closing the public hearing, the Town Council voted 5-0 to direct staff to prepare a resolution denying the appeal for consideration for adoption at the next meeting. The motion
included the inclusion of the following conditions:
1) The tree stumps would remain in place and 2) The property owner prior to removal of the trees would obtain a streambed alteration agreement from the Department of Fish and Wildlife and submit the letter for review and
approval by staff.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: CC-4
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 2
That resolution now comes before the Town Council for adoption. The draft resolution is attached as Exhibit 1. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to
global climate change.
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA. RECOMMENDATION Staff recommends that the Town Council adopt this Resolution (Exhibit 1), as part of the
Consent Calendar.
Exhibit(s): 1. Draft Resolution denying the appeal and upholding the Design Review Board’s decision.
Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
RESOLUTION NO. XX-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY JAMES MASSEY-KIM OF THE DESIGN REVIEW BOARD’S APPROVAL OF A TREE PERMIT FOR THE REMOVAL OF SEVEN (7) BLUE GUM EUCALYPTUS TREES, ONE (1) CANARY PALM, ONE (1) COAST REDWOOD TREE AND ONE (1) COAST LIVE OAK TREE ON THE PROPERTY LOCATED AT 4576 PARADISE DRIVE. THIS PROPERTY
IS LOCATED IN THE RPD ZONE. ASSESSOR PARCEL NO. 038-142-02 WHEREAS, on January 21, 2021, the Design Review Board held a duly noticed public
hearing to consider a Tree Permit application (File No. TREE2022-001) filed by Steven and Kathryn Hendricks (“Applicants’) for the removal of seven (7) Blue Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive.
The official record for this application is hereby incorporated and made part of this Resolution. The record includes, without limitation, staff reports, minutes, application materials, appeal materials, correspondence, and all comments and materials received at any public hearings.
A. WHEREAS, at that hearing, the adjacent property owner at 103 Trinidad Drive opposed
the application and raised concerns erosion that may occur if the trees were removed, and further mitigation matters are not taken. The Design Review Board reviewed the application and determined the proposed tree removal would be consistent with the purpose and policy set forth in Tiburon Municipal Code, Chapter 15A-1, listed below:
1. The condition of the tree with respect to disease, hazard, proximity to existing or proposed structures or interference with utility services.
2. The necessity of removal or alteration of the tree in order to develop the property.
3. The topography of the land and the effect of tree removal or alteration on protection from wind, soil erosion or increased flow of surface water. 4. The number of trees in the neighborhood, and the effect of removal or alteration of the tree on the character of the neighborhood, including privacy impacts on
neighboring properties. 5. Good forestry practices: i.e. the number of healthy trees that a given property will support. 6. The historical significance and age of the tree.
WHEREAS, the Design Review Board voted unanimously 4-0 to conditionally approve the project; and
WHEREAS, on October 3, 2022, owner of 103 Trinidad Drive (“Appellant”) filed a timely appeal of the Design Review Board’s decision, objecting to the erosion that may occur due to the proposed tree removal; and
WHEREAS, on November 16, 2022, the Town Council held a duly-noticed public hearing, on a de novo basis, on the appeal, during which testimony was heard and considered
regarding the application and the Design Review Board’s review and decision on the application.
At the conclusion of the public hearing, the Town Council voted 5-0 to direct staff to prepare a resolution denying the appeal for the consideration of adoption at the next meeting. The Council determined that the subject application would be consistent with the guiding principles in review of Tree Permit application contained within Tiburon Municipal Code, Chapter 15A-1.
WHEREAS, on December 7, 2022 , a resolution denying the appeal and upholding the Design Review Board’s approval return to the Town Council. WHEREAS, the Town Council finds that the project is exempt from the requirements
of the California Environmental Quality Act per Section 15304 of the CEQA Guidelines; and
NOW, THEREFORE, BE IT RESOLVED that the foregoing Recitals are true and correct and are incorporated herein and form a part of this Resolution.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby denies
the appeal of Steven and Kathryn Hendricks and conditionally approves the Tree Permit application (File No. TREE2022-001) for the removal of seven (7) Blue Gum Eucalyptus trees, one (1) Canary Palm, one (1) Coast Redwood tree and one (1) Coast Live Oak tree on the property located at 4576 Paradise Drive. The conditions of approval that were previously imposed by the Design Review Board will remain in
effect in addition to the following new conditions imposed by the Town Council:
• The stumps will remain in place; and
• The property owner will obtain Streambed Alteration Agreement from the California Department and Fish and Wildlife.
PASSED AND ADOPTED at a regular meeting of the Town Council on December 7, 2022, by the following vote: AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS:
____________________________ Jon Welner, MAYOR TOWN OF TIBURON
ATTEST: ___________________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Town Manager Performance Evaluation Ad Hoc Subcommittee
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider creation of the 2023 Town Manager Performance Evaluation ad hoc
subcommittee. RECOMMENDED ACTION(S) 1. Create the 2023 Town Manager Performance Evaluation ad hoc subcommittee and appoint two members of the Council to the subcommittee.
BACKGROUND
The Town retained Gregory Chanis as the Town Manager pursuant to an employment agreement dated December 22, 2016. Section 5 of the agreement provides for annual performance reviews, “on or before the anniversary of the Employee’s initial hire each year and salary adjustments will be considered in conjunction with the performance evaluation.”
Tonight, the Council will consider creation of an ad hoc subcommittee entitled 2022 Town Manager Performance Evaluation and appoint membership to the ad hoc subcommittee. The ad hoc subcommittee will sunset upon completion of the performance evaluation. ANALYSIS
No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: AI-4
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 2
Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council create the 2023 Town Manager Performance Evaluation
ad hoc subcommittee and appoint two members of the Council to the committee.
Prepared By: Lea Dilena, Town Clerk
TOWN OF TIBURON PAGE 1 OF 5
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Discuss Return to In-Person Meetings
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY On February 28, 2023, California’s state of emergency will end, which will require the Town Council,
and the Town’s boards & commissions, to return to in-person meetings. RECOMMENDED ACTION(S) Staff recommends that the Town Council discuss the return to in-person meetings, provide direction to staff on requested items, and/or request additional information needed to make a decision at the follow-up meeting on January 18, 2023.
BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to allow fully virtual board meetings during a state of emergency. Since then, the Town Council has made the required findings on a monthly basis to allow the Town Council, and all Town boards
and commissions, to meet fully virtually. In September 2022, Governor Newsom signed Assembly Bill 2449 amending the Brown Act and implementing new teleconference procedures for legislative body meetings, effective January 1, 2023. In October 2022, Governor Newsom announced that California’s state of emergency will
end on February 28, 2023. The end of the state of emergency will require all Town boards, including the Town Council, to return to in-person meetings and any member teleconferencing into meetings will be required to follow the new Brown Act teleconference regulations. In preparation for a return to in-person meetings, staff is seeking feedback from the Council on
several items. ANALYSIS Brown Act Amendments (AB 2449)
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting December 7, 2022
Agenda Item: DI-1
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 2 OF 5
Under the amended Brown Act, board members teleconferencing into meetings will no longer be required to identify each teleconference location, post agendas at all teleconference locations, or allow the public access to each teleconference location.
The amended Brown Act still requires at least a quorum of the legislative body to participate in
the meeting in-person at a single location that is open to the public. If members of the legislative body wish to participate remotely in public meetings, the amended Brown Act also implements more complex requirements and procedures, most notably:
1. The legislative body must provide either a two-way audiovisual platform or two-way telephonic service and a live webcasting of the meeting to allow the public to remotely hear and visually observe the meeting, and remotely address the legislative body. 2. A member of the legislative body can only participate remotely if one of the following are
met:
1. the member notifies the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for “just cause”; or 2. the member requests the legislative body to allow them to participate in the
meeting remotely due to "emergency circumstances" and the legislative body takes
action to approve the request. The legislative body must request a general description (generally not exceeding 20 words) of the circumstances relating to their need to appear remotely at the given meeting. 3. “Just cause” is defined as (i) a childcare or caregiving need of a child, parent, grandparent,
grandchild, sibling, spouse, or domestic partner that requires them to participate remotely;
(ii) a contagious illness that prevents a member from attending in person; (iii) a need related to a physical or mental disability as defined by statute; or (iv) travel while on official business of the legislative body or another state or local agency. 4. Members of the legislative body are prohibited from using AB 2449 to participate in
remote meetings for more than three consecutive months or for 20% of the regular
meetings in a calendar year. 5. Members of the legislative body participating remotely must participate using both audio and visual technology and must publicly disclose whether any individual over the age of 18 is present at the remote location.
6. A meeting must be paused when there is any teleconference disruption for the public and
no action can be taken if a disruption event prevents the legislative body from broadcasting the meeting.
When the state of emergency ends on February 28, 2023, all Town boards & commission will be
required to return to in-person meetings, and any member teleconferencing into the meeting will
be required to follow these new regulations. Virtual Participation
At the May 4, 2022 Town Council meeting, the Town Council directed staff to make the necessary preparations in order to allow the public to remotely participate in in-person Town Council meetings.
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 3 OF 5
Staff worked with the Community Media Center of Marin (CMCM) to outfit the Town Council Chambers with cameras and the technology required to cablecast and stream Town Council meetings. Additionally, staff has implemented a Zoom option that would allow two-way video
public participation.
Each Town Council meeting in the Chambers will be open for the public to attend, be cablecast on a regular TV slot, streamed online through the Town’s website, and will provide a Zoom option for remote attendees to participate in the meeting.
For Town Council meetings, the Town has already opted to hire a CMCM camera operator at a cost of $90/meeting hour (plus travel/setup time). Tonight, staff is seeking feedback from the Council on whether the Council would like to offer
similar options for any of the Town’s other boards & commissions.
Does the Council wish to video stream any other boards & commissions? Implementing video streaming for board and commission meetings may require additional staffing. The Council could opt to hire a dedicated CMCM camera operator at a cost of $90/meeting hour (plus
travel/setup time), or the Town could train staff to operate the cameras. Staff operation of the
cameras would likely be switching between one wide shot of the Council dais, one wide shot of the staff table, and one shot of the podium. Decision-making bodies typically already have multiple members of staff present, so it is possible
the operation of cameras could be an additional duty for the staff members already attending the
meeting. Advisory bodies are typically only staffed by one person, in which case, the Town would need to provide an additional staff member for the operation of those meetings. As a general rule, video streaming will always require at least two trained staff members present at each meeting.
Does the Council wish to allow a remote participation option (Zoom) for any other boards & commissions? Managing remote participation is a higher-impact meeting management responsibility and requires more behind-the-scenes work. If the Council wishes to provide a remote participation option (a Zoom meeting), staff anticipates each meeting will require a
dedicated staff member to manage the Zoom meeting, screen sharing, and monitoring remote
participants and alternative participation options. This staff member will also be responsible for alerting the legislative body for any required recesses prompted by teleconference disruptions, as required by the amended Brown Act.
If the Council wishes to proceed with remote participation for other boards and commissions,
staff requests the Council clarify whether it wishes to additionally hire CMCM camera operators to operate the cameras. Which boards & commissions? The Town has two decision-making bodies: the Planning
Commission and the Design Review Board, both of which meet twice a month. The Town’s
remaining bodies are advisory and meet once a month (Diversity Inclusion Task Force, Heritage & Arts Commission, Public Art Selection Panel), every other month (Parks, Open Space & Trails) or quarterly (Disaster Advisory Council).
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 4 OF 5
Town Council Regular Meeting Start Time At the beginning of the pandemic, the Town Council adopted Resolution No. 20-2020, changing
the regular meeting time of the Town Council to 5:00 p.m. while operating virtual meetings. At
the end of the state of emergency, and when the Town Council returns to in-person meetings, the Town Council regular meeting time will automatically revert back to 7:30 p.m. Does the Council wish to permanently change their regular meeting start time? If so, what
time?
Additionally, many of the other Town boards & commissions also changed their regular meeting times while operating virtual meetings. Does the Council wish to dictate at which times the other boards & commissions should start their meetings, or does the Council wish to leave it
up to the decision of the boards?
Tonight’s Discussion Tonight, staff is requesting general feedback from the Council on the items presented. On any
items the Council wishes more time to consider, staff has prepared a follow-up discussion at the
Council’s first regular meeting in January to hear the Council’s final determinations. If the Council does wish to change its regular meeting time, the January item will be agendized as an action item for the Council to vote on the matter. Staff will then return to the Council with a
resolution memorializing any change in February, effective March 1. Staff requests the Council
inform staff of any relevant information it would like to aid in that decision. FINANCIAL IMPACT
There would be a fiscal impact if the Town Council opts to hire CMCM camera operators for
other boards & commissions. CMCM camera operators charge $90/meeting hour (plus an additional hour for travel and setup). CLIMATE IMPACT
Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION
Town Council Meeting December 7, 2022
TOWN OF TIBURON PAGE 5 OF 5
Staff recommends that the Town Council discuss the return to in-person meetings, provide direction to staff on requested items, and/or request additional information needed to make a decision at the follow-up meeting on January 18, 2023. Prepared By: Lea Dilena, Town Clerk