HomeMy WebLinkAboutTC Min 2018-04-18 TOWN COUNCIL
SPECIAL & REGULAR MEETING
MINUTES
SPECIAL MEETING –6:30 P.M.
On April l 8, 2018, the Council held a special meeting as follows:
CALL TO ORDER AND ROLL CALL
Councih-nember Fredericks, COUncilmember Thier, Councilmember Weiner, Vice Mayor Kulik,
Mayor Fraser
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Government Code Section 54956.9(4)(1))
County ofMarin vs. Martha Co., et al. – United States District Court, Northern District of
California - Case No. C06 0200 SBA
CONFERENCE WITH LEGAL COUNSELANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1
potential case)
ADJOURNMENT–to regular meeting
REGULAR MEETING–7:30 P.M.
Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednesday, April 18, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Weiner
ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Community Development Anderson,
Director of Public Works/Town Engineer Barnes,
Management Analyst Creekmore,Town Clerk Stefani
ORAL COMMUNICATIONS
Matthew Sundstrom said his neighbor's heavy smoking is negatively impacting his family. He
expressed disappointment that Tiburon does not have an ordinance protecting against secondhand
smoke for multi-unit dwellings except apartments. He asked the Council to make an amendment to
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the ordinance,and said Smoke-Free Marin offered to help facilitate the amendment and enforcement.
PRESENTATION
• Transportation Authority of Marin—"Renewing Transportation Sales Tax in 2018"
Dianne Steinhauser, Executive Director of the Transportation Authority of Marin, gave a
presentation on the pending consideration of a renewal of a sales tax used for local transit. She
summarized the existing Measure A sales tax, and said the future sales tax would enable long-term
planning. She said a public opinion poll conducted in early 2018 supports renewal of the sales tax.
Ms. Steinhauser reviewed the draft expenditure plan created and introduced Robert Betts of Marin
Transit who discussed how Marin Transit has significantly grown service on all their programs.Ms.
Steinhauser said the next step is for the TAM Board to approve the draft expenditure plan before
asking the cities and towns in Marin for approval of the plan. If there are sufficient approvals, the
TAM Board will consider putting the renewal on the ballot in November.
Councilmember Thier said she was impressed with the report, and believed TAM was making the
right decision by renewing the sales tax now, so as to ensure no loss of programming in the future.
She was pleased that crossing guards will be maintained, and commented on how the relief of
congestion seems to improve public opinion of the sales tax.
Councilmember Fredericks asked the presenters to comment on other possible sources for local
communities to get dedicated school bus funding.Ms. Steinhauser said it can be a balancing act on
redirecting funds to high-demand needs,and local sales tax measures and transportation agencies are
increasing attention to school transit.
Mayor Fraser thanked the presenters and expressed gratitude that the local Yellow Bus program
would not be what it is without their leadership and assistance.He said the Yellow Bus program has
significantly decreased Tiburon Boulevard traffic,and other agencies are now modeling their school
transit programs after Tiburon's. He said he would like to see some of the funding given to Marin
Transit for school transportation come to Tiburon.
Mayor Fraser opened the floor for public comment.
April Dean, board member of Cool the Earth, believed the sales tax should substantively contribute
to the electric vehicle movement to have a meaningful impact on carbon emissions,and would like to
see dedicated monies from the sales tax toward EV infi•astructure and education.
Carleen Cullen,co-founder of Cool the Earth,echoed Ms.Dean's comments and said a new sales tax
should consider education, outreach and infrastructure in support of driving electric vehicles.
Mayor Fraser closed the floor.
Ms. Steinhauser said the Expenditure Plan Advisory Committee considered electric vehicles when
Town Council Mimrles#10-2018 April 18, 2018 Page 2
drafting the plan, but ultimately decided against it because TAM has another funding program
dedicated to electric vehicles.
Councilmembers Wehner and Fredericks commented on the Town's commitment toward spending
money in support of electric vehicles, but there has been discussion on how to do a project in a
meaningful way that will actually help the community. Wehner encouraged the Cool the Earth
representatives to reach out to staff or the Council if they have ideas.
CONSENT CALENDAR
CC-1. Town Council Minutes — Adopt minutes of March 21, 2018 special and regular
meetings (Town Clerk Stefani)
CC-2. Town Council Minutes—Adopt minutes of April 4,2018 regular meeting(Town Clerk
Stefani)
Councilmember Thier asked to remove Consent Calendar Item No. l for discussion.
MOTION: To approve Consent Calendar Item No. 2, as written.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Unanimous
CC-1. Town Council Minutes — Adopt minutes of March 21, 2018 special and regular
meetings (Town Clerk Stefam)
Councilmember Thier made the following changes:
• Page 8, Paragraph 2, Line 1 : Delete `to'
• Page 8, Paragraph 2, Line 3: To read as "...from a potential bid protest"
• Page 10,Bullet Point 22-70 to remove"guilty ofa misdemeanor"and add"...in violation
of this ordinance..."
MOTION: To approve Consent Calendar- Item No. 1, as amended.
Moved: Fredericks, seconded by Thier
VOTE: AYES: Unanimous
ACTION ITEMS
AI-1. Tiburon Boulevard Rule 20A Undergrounding Project—Receive update and consider
directing staff and PG&E to close down project (Office of the Town
Manager/Department of Public Works)
Director of Public Works/Town Engineer Barnes said staff has been working with PG&E to
complete a priority undergrounding project between Lyford and Ned's Way along Tiburon Boulevard
since 2014 using Rule 20A funds.
Town Council Minutes 910-2018 April 18, 2018 Page 3
Director Barnes said the cost estimate of this project increased dramatically as design progressed,
and bids came in even higher. Barnes said if the Council wishes to continue this project,construction
will be delayed until sunnner 2019, and the Council will need to allocate an additional $440,000
from the General Fund and authorize additional purchases of Rule 20A credits. He said the Council
has the option to either continue to work on the project, or direct PG&E to close down the project.
Vice Mayor Kulik asked if the cost will increase again to do the project in 2019. Barnes said the
Town would have to rebid the project, and bids do not normally decrease.
Councilmember Fredericks asked how much money had been spent on this project so far. Barnes
said the Town had spent$109,000 to buy credits,which can be resold or used fora future project.He
said the Town had also spent$140,000 in Rule 20A credits on a complete design,which can be used
again in a reasonable time frame. He said the design will gradually go stale as technology changes.
Councilmember Thier asked if there was a way to consider alternatives to shutting down the project
entirely to see what future bids look like.Barnes said there is still work that needs to be done on the
project,and as long as the project is open,PG&E will continue to charge against it in credits.Chanis
added that sufficient Rule 20A credits would need to be purchased before the project is rebid.
Mayor Fraser was disappointed the Town was not permitted by PG&E to review the bids. He said
there is no guarantee the project won't get more expensive, and expressed frustration that the Town
may no longer be able to afford a project that will benefit the community.
Councilmember Welner wondered if this new information would change staff's analysis of the
project as a Rule 20A vs.Rule 20B vs. cash project. Barnes did not believe any further Rule 20A/B
analysis would make a difference,and said it would not be worthwhile to transform the project into a
Rule 20B project as long as the Town can purchase Rule 20A credits for only $0.50 per credit.
Mayor Fraser opened the floor for public comment.
Ken Weil asked why PG&E will not release the bid information, and inquired if the Town will be
able to successfully manage three undergrounding projects at the same time.
Town Manager Chanis said staff has asked PG&E repeatedly to share the bids, but their policy is to
not release the information. He said the Town can manage all three projects at once as each project
will have a separate project manager that is not Town staff.
Mayor Fraser closed the floor for public comment.
Fredericks said the risk of small cell installations on infi-astructure might be a risk to consider for the
future of this project. She thought the Council should keep this factor in mind when considering a
large expenditure like this.
Thier believed this was an important project, and the Council would benefit from more information
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before stopping the project entirely. She expressed disappointment over the large difference in cost,
and that the bids are not available for analysis. She wondered about putting the project"on pause",as
purchasing Rule 20A credits at an advantageous rate is still an option for now.
Welner said there is a sense of discomfort with the high bids and no explanation as to why the cost
increased so significantly. He encouraged the staff to seek further advice to see if there is a way to
analyze the bids and costs before closing down the project. He agreed that more investigation would
be appropriate before making a final decision.
Fredericks said this is a priority project, but now there is a lack of trust about the actual costs
involved. She asked to see an analysis of what other improvement projects might get deferred due to
this extra expenditure.
Vice Mayor Kulik said the project likely will not get any cheaper,but the high cost might signify that
the other Rule 20A priority undergrounding projects will be significantly deferred as the credits will
take a long time to accumulate. He said he did not want to shut down a high-priority project, and
agreed to defer the decision until after further investigation.
Mayor Fraser said the Council should be specific in what further information is needed from staff,
while keeping in mind that costs will not likely change.Town Attorney Stock suggested the Council
give specific direction on whether or not to pursue purchasing additional Rule 20A credits.
Fredericks said she would like to know what other high-priority capital projects might get deferred
due to this extra expenditure.
Welner thought it might be worth purchasing additional credits, if they can be acquired at an even
cheaper rate,and perhaps enough to eventually make this cost more palatable.He also suggested the
staff seek the advice of a consultant that could help the Town navigate this process.He wanted to be
assured there are no other options the Town could take advantage of before making a decision.
Chards cautioned the Council against accumulating additional Rule 20A credits due to the unknown
future of the Rule 20A program.He added that many other cities have had situ ilar issues with PG&E
and the Rule 20A program, and keeping the bids private is their policy.
Thier said she would like to see the bids before making a decision, if possible. She said she would
also like an analysis of the timeline and costs required to pause the project, and ofclosing down and
opening the project again at a later date. She said she would also like to know what the cost might be
as a Rule 20B project.
Kulik said the question to answer will ultimately be if the Council wants to spend the extra money or
not,and the costs may still increase.He said the Council is looking for a recommendation from staff
and a listing of potentially compromised projects and an analysis of what the tradeoffs would be.
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Fraser suggested the staff analyze and report back on the issues raised by the Council tonight, and
return to the Council with their best recommendation.
No action taken.
PUBLIC HEARINGS
PH-1. Cypress Hollow Landscape&Lighting District(LLD)—Hold annual protest hearing
and consider adoption of resolution to continue the LLD assessment for fiscal year 2018-
2019 (Department of Public Works)
Director of Public Works/Town Engineer Barnes said the Cypress Hollow Landscape & Lighting
District assessment must be reviewed by the Council annually, and gave a brief background on the
assessment. He said the Town is responsible for maintaining sanitary and storm drain easements,
entry landscaping, an irrigation system and a children's park. He said the cost of the assessment has
not gone up since it began in 1998, and no protests have been received in the last year.
Mayor Fraser opened the floor for public comment. There was none.
MOTION: To adopt resolution continuing the assessment for Fiscal Year 2018-19.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Unanimous
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
The Town Manager and the Town Council discussed scheduling for several upcoming meetings.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council o th Town of Tiburon, Mayor Fraser
adjourned the meeting at 10:00 p.m.
Fr
JIM Fr -R. MAYOR
ATTEST:
LEA STI ANI, TOWN CLERK
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