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HomeMy WebLinkAboutTC Min 1991-04-08 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Thayer called the adjourned meeting of the Town Council of the Town of Tiburon to order at 7:06 p.m., Monday, April 8, 1991, in Room 5, Del Mar School, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Thayer ABSENT: COUNCILMEMBERS: Kuhn, Logan EX OFFICIO: Town Manager Kleinert, Town Attorney Ewing, Town Engineer Bala, Minute Clerk Kearney. B. PUBLIC HEARINGS 1. HILLHA YEN UNDER GROUNDING OF UTILITIES DISTRICT The Town Manager reviewed the staff report and stated the total cost of the proposed utility undergrounding Assessment District is $601,447. The Engineer of Record's assessment spread is based upon a per parcel allocation utilizing a 4-1 benefit spread with the high end cost at $16,600 and the low-end cost at $4,150. This does not include the cost of individual hook-ups from the street to the individual residences which are estimated to range from $800 to $6,000, depending on soils conditions and distance. He noted receipt of three letters of protest to the formation of the undergrounding district from Mel Ronick, 347 Ridge Road; Andrew & Margaret Johnson, 349 Ridge Road; and Michelle Roads, 315 Ridge Road. Four letters were received protesting the assessment formulations from W.R. & Joan Wilsons, 612 Ridge Road; Mary Castellini, 465 Ridge Road; Don & Betty Wallace, 1807 Lagoon View Drive; and Howard & Mary Rita Richcreek, 611 Ridge Road. He also noted receipt of two letters from Lynn Spitler, 1895 Mountain View Drive, and Ralph & Diana Cavalieri, 300 Ridge Road, regarding possibly being included in two adjacent undergrounding districts and requesting a reduction in their assessments. However, 85 percent of the residents within the proposed district are in favor of the formation of an undergrounding district and the proposed formula. TOWN COUNCIL MINUTES #906 4/8/91 1 He further stated that the contractor is ready to proceed and if the project is delayed, PG&E cannot guarantee the cost because of future taxes to be imposed by the Federal government which will be charged against the district. Dan Bort, Bond Counsel, stated he has thus far received four elections, and anticipates receiving more this evening, to have the cost of the individual hook-ups added to the individual assessment; thus, the Engineer's Report would be amended to reflect those changes. He stated that if the Council levies the assessments, a notice will be sent to all the property owners within 30 days advising of their right to pay all or any portion of their assessment off in cash within 30 days and thus receive a 5 percent discount for that portion with the balance going to bond and being financed. The Town Manager stated that all individual undergrounding from the street must be ready when the undergrounding is complete and ready for hook-up; and Dan Bort stated an ordinance will come before the Council which would set a deadline of three months from the date the property owners receive their notice to complete the individual work. Mr. Bort requested any written protests be submitted at this time; and none were received. Mayor Thayer opened the public hearing to receive verbal protests. Ruth Cornell, 1896 Mountain View Drive, expressed concern that the undergrounding would not benefit all residences in the proposed district equally; and the Town Engineer explained that the assessment spread was calculated based upon benefit with the uphill properties being assessed at a higher rate since their views are more obstructed by the overhead utilities. Downhill lots with limited benefits were given the lower rating with the exception of lot 16 which has the potential of being subdivided, thus receiving a rating of #5. Bill Wilson, 612 Ridge Road, stated that the nearest pole is 200 feet from his home and does not encroach upon his views. Thus, the undergrounding will not effect the value of his property. He further stated that no one ever visited his property to actually see the effects of the wires on his view and he objects to arbitrarily rating every uphill property as a #4 with the most benefit. Therefore, he requested his property be reassessed using the Polecat Committee criteria for establishing the assessments and that all assessments be uniformly applied. He stated that he had forwarded a letter regarding his concerns to the Council which was never acknowledged. Finally, he stated that rating his property as a #4 would cost them $30,000 for undergrounding, and they would seek redress through the courts. TOWN COUNCIL MINUTES #906 4/8/91 2 Diana Cavalieri, 300 Ridge Road, questioned the status of residences on the border of two districts in regard to assessments; and the Town Engineer responded this is a problem with corner lots which benefit from two different assessment districts and must be assessed twice. Dan Bort, Bond Counsel, stated that although there is no assurance that they will not be assessed twice if another undergrounding district is formed, there is a possibility this will be taken into consideration when and if another district is formed. Joy Easom, 1828 Lagoon View Dr., questioned if they will be notified of beginning and completion dates and should the homeowners require a performance bond to do the work from the street to their home. Mr. Bort indicated that it depends on the confidence one has in his contractor, but the homeowner must pay the cost. Alan Varela, the contractor, stated notices will be sent to all property owners with a schedule notifying them of when they will start work at their property. They have been unable to give the Town a firm price on cost because of the amount of rock in the soil and it is unknown if it will break easily, but they anticipate a time period of three months. It would also depend on whether they could leave their equipment parked in the streets or would have to take it to another location every night. He also stated they are flexible as to working hours and could work from either 7:00 a.m. to 3:30 p.m. or 8:00 a.m. to 4:30 p.m. Further, he stated that if the homeowner and PG&E make changes as to location of the utility boxes, etc., and such changes affect costs, these costs will be the responsibility of the individual homeowners. However, the Town Engineer noted that individual connections can be done by any contractor of choice, not necessarily PG&E's contractor. Further, he requested the Contractor include in his contract a date of completion. Joy Easom questioned the discrepancy on the maps as to where the utility boxes should be set and she was directed to contact PG&E's engineers in this regard. Stuart Hopkins questioned if the Town would repave Straights View Dr. and Lagoon Road after completion of the undergrounding; and he was told the issues of capital improvements would be addressed at a hearing the following night. Michelle Roads, 315 Ridge Road, stated they would not be receiving any benefit from this proposed undergrounding. However, when Vistazo West is undergrounded, they will benefit. She requested assurance that they would not be assessed twice. Councilmember Friedman stated that as a District is being formed, the beginning is when one has the greatest bargaining power. TOWN COUNCIL MINUTES #906 4/8/91 3 Hearing no further public comment, Mayor Thayer closed the public hearing. Councilmember Friedman stated he supported the amended map and would vote to overrule the protests. Councilmember Coxhead stated that although he understands the concerns of some of the protesters, he supports the amended district, plan and formula as presented. The neighborhood values as a whole will increase whether individual homes are directly effected or not. Mayor Thayer concurred with the previous Council comments and stated he would vote to overrule the protests and form the district. Motion: To adopt the RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OYERRULING PROTESTS. Friedman, Seconded by Coxhead AYES: Unanimous ABSENT: Kuhn, Logan Moved: Vote: Mr. Bort requested final call for the written election forms which would amend the Engineer's Report and include the individual hookup as part of the assessment. Mr. Bort then reviewed the previously submitted three election forms and noted the election form received from Mr. Moore showed an inaccurate interest rate and recommended Council direct the Town Engineer to contact Mr. Moore and allow him the option of withdrawing the election form if he doesn't accept the correct interest rate amount. Mayor Thayer called for a show of hands preferring a bond period of 15 years, 20 years, or 25 years. 16 people raised their hands in support of 15 years; I for 20 years, and 1 for 25 years. Therefore, 15 years passed and the resolution was amended to read "...fourteen 14 years from the second day of September next succeeding twelve (12) months from their date." Mr. Bort stated the elections require an attached bid from the contractor and if the final cost is more, they will have to pay the excess themselves. If the final cost is less, they will get it back in the form of a credit on their assessment installment in the year 1993-94. TOWN COUNCIL MINUTES #906 4/8/91 4 Motion: Moved: Vote: To adopt A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AMENDED REPORT AND ASSESSMENT AND ORDER IMPROYEMENT, including the amendment of the total amounts according to the applications filed tonight by Randolph Esplin, 490 Ridge Road; Allen Drury, 480 Ridge Road; Robert & Randi McDermott, 601 Ridge Road; Bruce & Jackie Breitman, 600 Ridge Road; Tom & Elizabeth Moffet, 1750 Lagoon View Drive; Dr. Lewis & Trudy Taich, 1905 Straits View Drive; and Joseph Moore, 455 Ridge Road, with Mr. Moore given the option to withdraw with notice provided to the Town Engineer within 2 days. Friedman, Coxhead AYES: Friedman, Coxhead, Thayer ABSENT: Kuhn, Logan K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Thayer adjourned the meeting at 9:35 p.m., to April 9, 1991, 7:00 p.m., for the public hearing regarding the Town's fiscal status. ATTEST: ~~~ THERESE M. H NESSY, OWN CLERK TOWN COUNCIL MINUTES #906 4/8/91 5