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HomeMy WebLinkAboutTC Min 2018-03-21 TOWN COUNCIL SPECIAL & REGULAR MEETING MINUTES AMENDED SPECIAL MEETING —6:15 P.M. On March 21, 2018, the Council held a special meeting as follows: CALL TO ORDER Councilmember Fredericks, Councilmember Thier, Vice Mayor Kulik, Mayor Fraser; Councilmember Welner was absent. INTERVIEWS FOR VACANCIES ON TOWN BOARDS AND COMMISSIONS (Parks, Open Space and Trails Commission— I vacancy) (Planning Commission—2 vacancies) • Peter Brooks • Kristina Wollan • Roy Crumrine • Valerie Montague • Kathleen Defever ADJOURNMENT—to regular meetiu� 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, March 21, 2018, in Town Council Chambers. 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier ABSENT: COUNCILMEMBERS: Welner PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Stefani ORAL COMMUNICATIONS Town Council Minutes 907-2018 March 21, 2018 Page 1 Pamela McConnell-Douglass said she was being treated poorly at two local restaurants and expressed sadness that the police were called, and they asked her to leave. INTRODUCTION OF NEW TOWN STAFF • Ken Lehr, IT Coordinator Director of Administrative Services Bigall introduced new IT Coordinator Ken Lehr.He said he was happy to be here. RECOGNITION OF TOWN SERVICES • Dan Watrous, Planning Manager, 21 years of service Mayor Fraser presented Planning Manager Watrous with a framed copy of Resolution No. 12-2018, and thanked him for his service to the Town of Tiburon. MOTION: To approve Resolution No. 12-2018. Moved: Fraser, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner CONSENT CALENDAR CC-l. Town Council Minutes—Adopt minutes of March 2,2018 special meeting(Town Clerk Stefani) CC-2. Town Council Minutes—Adopt minutes of March 7,2018 special and regular meetings (Town Clerk Stefani) CC-3. Storm Drain Project Contract Award—Authorize Town manager to execute contract for a portion of the Storm Drain Restoration Project (Department of Public Works) CC-4. Hawthorne Design Contract Award —Authorize Town Manager to execute contract with Harris and Associates for completing Plans and Specifications for Hawthorne Undergrounding Project,and authorize related budget amendment(Department of Public Works) CC-5. Road Repair and Accountability Act (SB 1) Funds — Approve allocation of SB 1 funds to fund resurfacing of certain roadways during undergrounding district construction (Department of Public Works) CC-6. Investment Summary — Adopt investment summary for month ending February 28, 2018 (Director of Administrative Services Bigall) Town Council Minutes #07-2018 March 21, 2018 Page 2 CC-7. Construction Management—Award construction management contracts to GHD Inc. and authorize budget amendment of$175,000 (Department of Public Works) Councilmember Thier requested Item No. CC-7 be removed, Councilmember Fredericks requested Item No. CC-1 be removed, and Town Manager Chanis requested Item No. CC-4 be removed and continued to a future meeting due to lack of a quorum for this item. MOTION: To adopt Consent Calendar Item Nos. 2-3 and 5-6, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner CC-1. Town Council Minutes—Adopt minutes of March 2,2018 special meeting(Town Clerk Stefani) Councilmember Fredericks made the following changes: • Page 3, Paragraph 1, Line 2 to read: "...and the concern of losing transportation funding..." • Page 3, Paragraph 5, Line 2: "...wondered how the Richardson Bay Sanitation District felt about the proposed use of their ponds." • Page 3, Paragraph 6, Line 4: "...would gladly use recycled water, if it were cleaner. He said this water may not be able to be used on a public area in the future". MOTION: To approve Consent Calendar Item No. 1, as amended. Moved: Kulik, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner CC-7. Construction Management—Award construction management contracts to GHD Inc. and authorize budget amendment of$175,000 (Department of Public Works) Councilmember Thier said she had a conflict of interest on this item, and left the room. MOTION: To approve Consent Calendar Item No. 7, as written. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik ABSENT: Welner DISQUALIFIED: Thier ACTION ITEMS AI-1. Reappointments/Appointments to Town Boards & Commissions — Consider reappointment of commissioners whose terms have expired or appointment of new Town Council Minutes #07-2018 March 21, 2018 Page 3 members to boards & commissions (Town Clerk Stefani) Town Clerk Stefani said the terms of eight existing board and commission members had expired at the end of February,and all but three individuals have indicated they would like to be reappointed to another term. She said Jerry Thompson (Building Code Appeals Board) and Vince De Quattro (Heritage & Arts Commission) are not seeking an additional term, and the resignation of Councilmember Jon Welner from the Planning Commission also created an additional vacancy on the Planning Commission. She said the Council had also interviewed four new applicants for two open seats on the Planning Commission, and one new applicant for one open seat on the Parks, Open Space and Trails Commission. She recommended the Council fir§t consider reappointments of existing board and commission members whose terms have expired and seek reappointment, and then consider making any new appointments to the Planning Commission or Parks, Open Space and Trails Commission. MOTION: To reappoint the following commissioners whose terms expired on February 28, 2018: Fran Hall (Heritage & Arts Commission), Azita de Mujica-Beavers (Heritage & Arts Commission), Isaac Nikfar (Parks, Open Space and Trails Commission), Park Allen (Parks, Open Space and Trails Commission), and John Corcoran (Planning Commission); and to direct staff to continue to advertise to fill the remaining vacancies on Town Boards and Commissions. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner The Council moved on to discuss filling the single vacancy left on the Planning Commission,and a discussion about the attributes of the four new applicants followed. Councilmember Fredericks said all applicants had unique attributes,and believed Kathleen Defever to be uniquely qualified listening to individuals' needs. She nominated Kathleen Defever to the Planning Commission. Mayor Fraser echoed Councilmember Fredericks' comments, and seconded the nomination for Kathleen Defever. Councilmember Thier thanked the applicants and encouraged anyone not appointed to stay involved. Vice Mayor Kulik also spoke to the attributes of each applicant. He believed Kristina Wollan's application to be compelling, and asked the rest of the Council for their opinion. Councilmember Thier agreed that Kristina Wollan would be an excellent Planning Commissioner due to her unique perspective from her professional life. Councilmember Fredericks agreed,but said she would vote for Kathleen Defever.Mayor Fraser then called for a roll call vote. Town Council Minutes 407-2018 March 21, 2018 Page 4 MOTION: To appoint Kathleen Defever to the Planning Commission. Moved: Fredericks, seconded by Fraser ROLL CALL VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner AI-2. Town Council Committee Assignments—Creation of and appointment to Technology ad hoc subcommittee (Town Clerk Stefan]) Town Clerk Stefani said Councilmember Welner had expressed interest in forming an ad hoc subcommittee to study the Town's use of technology, and this matter had been discussed at the annual Town Council retreat in early March. Mayor Fraser nominated Councilmember Welner, and Councilmember Thier also volunteered. MOTION: To create an ad hoc subcommittee entitled Use of Technology, and appoint Councilmembers Welner and Thier to the ad hoc subcommittee. Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Weiner AI-3. Town Manager Employment Agreement—Consider approval of amendment to Town Manager's Employment Agreement (Town Attorney Stock) Town Attorney Stock said the Town Council had completed the Town Manager's annual performance evaluation,and was satisfied with his performance. Stock said the ad hoc subcommittee created for the performance evaluation had recommended several salary adjustments including a salary and merit increase, an increase in housing allowance and a retention incentive. Mayor Fraser opened the floor for public comment. Ron Zimmerman asked what a retention incentive is. Stock explained it is similar to a "bonus", meant to be competitive with other city managers in the area. MOTION: To approve the draft Resolution Approving the Second Amendment to the Town Manager's Employment Agreement and authorize the Mayor to execute it on behalf of the Town. Moved: Thier, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner AI-4. McKegney Green Project — Discuss bids received on McKegney Green Restoration Project and provide staff direction on how to proceed (Department of Public Works) Town Council Minutes#07-2018 March 21, 2018 Page 5 Director of Public Works/Town Engineer Barnes said the Council had discussed the best design for McKegney Green over several Town Council meetings, and after much discussion, decided on a design with an estimated cost of$1.8 million. Director Barnes said that given the cost of the project,the Council decided to utilize private funds to pay for a portion of the project, and agreed on a $400,000 private contribution. At the Town Council's most recent meeting on this matter,the Tiburon Peninsula Soccer Club(TPSC)guaranteed they had raised the $400,000, and the project was put out to bid. Barnes said bids all came in over estimate. He said the second highest bidder had an error in their bid, and when the error was corrected, that contractor became the low bidder. He said the original low bidder then filed a bid protest. Barnes explained that after analysis, staff made the determination to uphold the bid protest, and recommended Suarez & Munoz Construction, Inc., as contractor. Barnes said the other factor to consider tonight was that the project came in over budget, and to move forward,the Town Council will need to allocate an additional $245,000 to the project,and the TPSC will need to provide the agreed-upon $400,000. He said the Town has received $200,000 to date from the TPSC. Barnes also reminded the Council of the maintenance costs of the field. Ile said the Council had three options to consider: award the project,put the project back out to bid, or redesign the project.He said if the Council opts for a redesign,staff recommends appointed an ad hoc subcommittee to discuss the matter fully. Councilmember Fredericks asked about the legal ramifications of the bid protest. Town Attorney Stock said the issued had been analyzed,and staff believes the bid protest should be upheld. He said however, the Council may choose to reject all bids to avoid risk entirely. Vice Mayor Kulik asked if there was any chance the project could be completed this construction season if it were to be rebid or redesigned. Barnes said if the project was rebid,it would probably be completed this year,but there would likely be no fall play. He said if the project were redesigned,it would be difficult to complete this construction season. Councilmember Thier and Director Barnes discussed the details of the bid protest, and Director Barnes confirmed the contract award is to Suarez & Munoz Construction, the original low bidder. Fredericks asked about the impact of having a less of a crown reduction on the playability of the field. Director Barnes said the current slope of the field is 4-5%,and the ideal maximum crown of a field is 2% slope for player benefit and better drainage. Mayor Fraser asked why the TPSC had only provided $200,000 of the agreed-upon $400,000, and asked staff to elaborate on the agreement that had been made. Town Council Minutes#07-2018 March 21, 2018 Page 6 Town Manager Chanis said there had been no written agreement with the TPSC, but the Council's direction and communication had been clear that the full $400,000 needed to be in hand prior to the Council awarding the construction contract, as is standard procedure for funding a project. Fredericks said the TPSC had agreed to the Council's proposal to fundraise$400,000,and there had been no change in terms of the agreement. Chanis agreed. He said staff had requested assurance that the TPSC was able to raise the full$400,000 before putting the project out to bid, and based on that assurance, the Council had directed staff to bid the project. Fraser said staff had done a thorough review of the project, and found ways to save money. He suggested a reserve account to put money aside every year to fund the maintenance. Chanis agreed. Mayor Fraser opened the floor for public comment. Roy Crumrine questioned if removing the crown on the field would be worth the extra cost. Vicki Sodaro, Vice President of the TPSC, said the soccer club did not understand they were supposed to raise the full $400,000, and expressed concern about what would happen to the private funds if the project doesn't move forward. Mayor Fraser closed the floor. Fredericks asked if the existing field had always been a sand-based field with the crown. Barnes clarified that there is a much smaller sand-based area there now, but it has never been properly maintained, and confirmed the crown has always been there. Kulik asked if the additional allocation will be funded out of the unallocated general fund reserve. Chanis said that was the most likely source of the funds,and a discussion about utilizing those funds followed. Fredericks commented that this fund serves as a"safety net"for the"Town for unexpected expenses, and Chanis also explained that the original $1.4 million expenditure had already been accounted for in the budget. Thier asked the Town Manager about his conversations with the TPSC about fundraising the agreed- upon$400,000. Chanis explained his surprise that there was a misunderstanding, and said staff and the Council had been clear that prior to the execution of the project, all funds,including the TPSC's contribution,had to be received. Chanis clarified that if the Town was to receive private donations, and the project didn't go forward, the money would be returned to the entity that provided it. Mayor Fraser agreed, and asked the Council to consider a conditional approval that would require the $400,000 to be in hand before proceeding further. Chanis said the Council can conditionally approve the project contingent upon the full funding being provided by the TPSC. He said the Council should consider the fact that the bids will expire in May when crafting a deadline. Toxon Council Minutes 1107-2018 March 21, 2018 Page 7 Fredericks and the Town had been helpful in trying to move this project forward, and had communicated their expectations about having the$400,000 contribution in hand. She wondered if the failure to deliver the funds signified a lack of community support that would justify the expenditure of a more-expensive sand-based field. She expressed certainty that the contribution needs to be delivered before the Council awards any bids or moves forward with the project. Thier commented that if the Council decides to not move forward with the project tonight and fall play on the field is at risk, she could advocate for throwing out the bids due to increased liability from a potential bid protest. Kulik said the land is meant to be enjoyed as recreation space, and believed the Council should ensure the best use of it. He said many Council meetings have passed and agreements and decisions have been made, and the Council should follow through on its promise to fix the field. He said the project will never be cheaper than it is right now, and to delay any further would continue to delay play on the field, but any approval should be contingent on the private funds in hand. Fraser said the field stands out as a landmark in Tiburon. He agreed with the Vice Mayor that the project will never be cheaper than it is now,and said the Council and staff have done a thorough and financially responsible review.The Mayor expressed disappointment there had been confusion about the private fundraising expectations, and agreed that approval should be contingent on the full funding amount in hand. Fraser felt the Town Attorney had properly handled the bid protest issue, and supported moving the project forward contingent on the money coming in immediately. Thier agreed, and spoke in support of"doing the field right this time". Fredericks agreed,and said the Town's commitment was clearly contingent on a private contribution. Town Attorney Stock suggested imposing a hard deadline for the TPSC to provide the fiends,prior to the date of the bids expiring in May. Fredericks asked what the next step would be if the promised $400,000 is not delivered and the Council does not award the bid. Director Barnes said the Council had previously discussed this scenario, and decided that the field would be made into a dirt-based field. Kulik wondered what deadline should be imposed to guarantee fall play on the field. Barnes said the timeline is already extremely tight, and fall play on the field cannot be guaranteed even now. A discussion on the best deadline to impose,with or without imposing on fall play,followed.He said the other factor to consider is the existing bids expire on May 8, 2018. The Council discussed requiring the funds to be delivered to the Town as early as the following week to begin construction on the field as soon as possible, or giving the soccer club an extra several weeks which would very likely result in no fall play on the field. Town Attorney Stock advised that if the soccer club is provided a later deadline,it is likely that their Town Council Allinia(n #07-2018 March 21, 2018 Page 8 representative present tonight will pass on the information that any delay of delivery of the promised funds will continue to put fall play at risk. The Council agreed, and Mayor Fraser said this decision should be clearly memorialized and a written agreement be made. Town Manager Chanis recommended an April 20 deadline, and the Council agreed. MOTION: To award the project to the lowest responsible and responsive bidder, Suarez& Munoz Construction, Inc., contingent on the Tiburon Peninsula Soccer Club providing the full $400,000 fundraising amount, on or before April 20, 2018, and authorize a budget amendment in the amount of$245,000;if the Tiburon Peninsula Soccer Club is unable to deliver full $400,000 fundraising amount by the April 20,2018 deadline,the Council will hear this item again on May 2, 2018 to consider rejecting all bids. Moved: Thier, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Welner PUBLIC HEARINGS [taken out of order] PH-2. "Social Host" Ordinance — Consider amendments to the Tiburon Municipal Code to update the Town's existing regulations regarding parties or gatherings at which alcohol, marijuana, or other controlled substances are served to persons Linder 21 years of age— Introduction and first reading of ordinance Chief of Police Cronin asked the Council to consider repealing and replacing two ordinances relating to "social host" laws and consolidate them into a single chapter in the Municipal Code. He said the existing ordinances are out of date and difficult to enforce, and the new ordinances are comprehensive and consistent with other social host ordinances throughout Marin County. He said the most significant update is that the update includes substances other than alcohol, and expands the defined gathering locations to rental units,party buses,and other conveyances. He said the new ordinance also increases some penalties, and the remedies for violation have also been updated to include a referral to a restorative justice program. Chief Cronin also recommended the Council add an amendment to their motion to include watercrafts as a place for juvenile gatherings. Mayor Fraser opened the floor for public comment. Laurie Dubin,founder of Be the Influence, spoke in support of the proposed ordinance and making it more comprehensive. She said her nonprofit tries to tackle the problem from the parental side, but needs additional help from law enforcement. She suggested the Police Department issue press releases of social host violations to show the seriousness of enforcement. Town Council Minutes 407-2018 March 21, 2018 Page 9 Mayor Fraser closed the floor. Councilmember Thier made the following amendments to the ordinance: • Section 22-30, Line 146 to read: "...provisions of this section do not apply when the Minor is emancipated within the meaning of the California Family Code..." • Section 22-30, Line 150 to read: "...returning directly home from an educational or school- related activity, a recreational, religious,political, or cultural activity..." • Section 22-70, Line 183 to remove "guilty of a misdemeanor", and add "...in violation of this ordinance..." • Section 22-80 in its entirety to read: "Any person assisting, aiding, abetting, permitting or encouraging any Minor to violate any of the provisions of this article is guilty of a violation of this Code." The rest of the paragraph will be deleted. Vice Mayor Kulik made a grammatical correction to the ordinance, and suggested the relevant references to the word "City" be changed to "Town". Kulik also asked if the fines are increasing as a deterrent or as a result of the increasing cost of police services. Chief Cronin said the fines are punitive and are not related to the cost of police services. MOTION: To introduce the ordinance and read by title only, waiving further reading, schedule for adoption at the next regular meeting and motion to hold a roll call vote on the introduction of the ordinance,as amended by recommendations of Councilmember Thier and Chief of Police Cronin. Moved: Fredericks, seconded by Thier VOTE: AYES: Fraser. Fredericks, Kulik, Thier ABSENT: Weiner Mayor Fraser read"An Ordinance of the Town Council of the Town of Tiburon Repealing Portions of Chapter 25 `Offenses — Miscellaneous', Repealing Chapter 22 `Minors', and Adopting a New Chapter 22 `Minors and Social Host Accountability' of the Tiburon Municipal Code". ROLL CALL VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSENT: Weiner PH-1. Virginia Undergrounding District—Conduct public hearing,count ballots and consider adoption of resolution confirming assessments or abandoning proceedings(Office of the Town Manager) The Town Manager said the Council will hold a Public Hearing on this item tonight. He said the Mayor will clearly indicate when the Public Hearing is closed, and only ballots received prior to the closure of the Public Hearing will be counted. He said property owners may change their vote prior to the end of the Public Hearing if they wish. Town Council Minutes 907-2018 March 21, 2018 Page 10 Chanis said the Town Council will recess for the vote tabulation, which will occur in the adjoining conference room. Ile said the district engineer and staff will conduct the vote count, and the Town Attorney will observe. He said the vote count will be available for view in real time on the screen in the Council Chambers for everyone to follow along. After the vote count is complete,the Council will reconvene and staff will report the vote results,and the Council will have the opportunity to deliberate and consider the appropriate resolution based on the result of the vote. Finally, Chanis showed a simplified project timeline if there is not a majority protest and the Council proceeds with the project, and briefly reviewed financing information for property owners. He also reminded property owners of their responsibility to install the lateral connections before the poles are removed. Mayor Fraser opened the Public Hearing. Ron Zimmerman asked if property owners that have already had their connections undergrounded as part of a construction project will have satisfied the lateral requirement.Chanis confirmed this point, as long as electric, telephone and cable lines were all undergrounded. Paras Fancy, Virginia Drive, spoke in support of the safety benefits of the project, and encouraged the Town Council to consider policy revisions to help neighborhoods get past initial hurdles of forming an undergrounding district. Mayor Fraser closed the Public Hearing, and the Town Council went into recess for the vote tabulation at 9:55 p.m. The Town Council reconvened at 10:10 p.m., and the Town Clerk reported the results of the vote tabulation as follows: 21 ballots were tabulated, representing a total assessment amount of $1,576,578.70. 17 ballots were counted in favor, representing a total assessment amount of $1,305,364.46 and 82.8%. 4 ballots were counted in opposition, representing a total assessment amount of$271,214.24 and 17.2%. There was not a majority protest. The Mayor called for a motion. MOTION: Adopt the Resolution Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District). Moved: Fredericks, seconded by Kulik VOTE: AYES: Fraser, Fredericks, Kulik ABSENT: Weiner DISQUALIFIED: Thier TOWN COUNCIL REPORTS I Town Council Minutes#07-2018 March 21, 2018 Page I I Councilmember Fredericks said a meeting had been held with CalTrans,Transportation Authority of Marin, City and Transit Agency staff to update on the first phase of ramp metering in Marin. She said the first phase will install meters on NB Hwy. 101 on-ramps at Monte Mar Drive to Sir Francis Drake Boulevard, and construction is expected to begin in early 2019. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Councilof the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:15 p.m. JIM E ,'MAYOR ATTEST: L' A STEFA I, TOWN CLERK Town Council Minutes 907-2018 March 21, 2018 Page 12