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HomeMy WebLinkAboutTC Agenda Packet 2017-01-04 TOWN OF TIBURON Special Meeting " Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard January 4,2017 Tiburon, CA 94920 Special Meeting-7:15 p.m. AGENDA TIBURON TOWN COUNCIL SPECIAL MEETING CALL TO ORDER AND ROLL CALL Councilmember Doyle,Councilmember Fredericks,Councilmember Tollini,Vice Mayor O'Donnell, Mayor Fraser 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 All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council,public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item,please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes-Adopt minutes of November 2,2016 regular meeting(Town Clerk Stefani 2. Town Council Minutes-Adopt minutes of November 16,2016 regular meeting(Town Clerk Stefani) 3. Town Council Minutes-Adopt minutes of December 7,2016 regular meeting(Town Clerk Stefani) 4. Town Investment Summary-Adopt report for month ending November 30,2016 (Director of Administrative Services Bigall) ACTION ITEMS 1. Consider rescission of approval of Resolution No. 32-2016 related to proposed Utility Assessment District 2. Reconsideration of a Resolution of the Town Declaring its Intention to Take Proceedings to Underground all Existing Overhead Utility Facilities Within the Boundaries of the Proposed Town of Tiburon Assessment District No. 2017-01 (Hawthorne Undergrounding District) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests-December 9,16&r 23,2016 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. -:I— DRAFT TOWN COUNCIL MINUTES CALL TO ORDER Mayor Tollin' called the regular meetin of the Tiburon Town Council to order at 7:30 p.m. on Wedn ay,November 2, 2016, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburo , California. ROLL PRESENT: COLINCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini 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 Crane Iacopi ORAL COMMUNICATIONS None. PRESENTATION • Congratulations to Mary Rogers on her 100th Birthday —(Mayor Tollini and Staff) Mayor Tollini welcomed Mary Rogers and congratulated her on the occasion of her one hundredth birthday. Town Clerk Crane Iacopi introduced the group and the Council to Mary Rogers. She said Mary and her husband, Cam, moved to Tiburon when they retired, looking for a modest house and a place to sail their boat. They have lived in Old Tiburon for 50 years. Before retirement, Mary worked as an Avon cosmetics lady and is the author of two books about women and money. Town Clerk Crane Iacopi said she met Mary fifteen years prior when she was the representative to the Marin Commission on Aging, and has always been active in civil affairs, like the League of Women Voters, as a poll worker, and as a docent and bookkeeper for the Angel Island Association. Mary credits her longevity to hiking the hills of Tiburon. Town Clerk Crane Iacopi invited the crowd to join her in wishing Mary Rogers a happy birthday. Mayor Tollini presented Mary with a congratulatory plaque from the Town of Tiburon and Town Clerk Crane Iacopi presented her with a bouquet of flowers. CONSENT CALENDAR Town Council DRAFT Minutes 419-2016 November 2, 2016 Page I 1. Town Council Minutes—Adopt minutes of October 5, 2016 Regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes—Adopt minutes of October 19, 2016 Regular meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary —Accept report for month ending September 30, 2016 (Director of Administrative Services Bigall) MOTION: To adopt consent calendar Item Nos. 1 through 3, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. McKegney Green Update—Discussion of Council Sub-Committee recommendations and possible consideration of contract award for design(Town Manager/Department of Public Works) Town Manager Chanis invited the Council and attendees to view an overview of the balances of various discretionary and restricted reserve funds that fund local capital projects. He said this may be useful to keep in mind as the Council discusses several budgetary items tonight that will presumably be included in a long term Capital Improvement Plan. Chanis then moved into his staff report for the McKegney Green Update. He said several members of the Council have been working with staff and members of the community since Spring 2015 to determine the Town's interest in doing a renovation project on the field and to decide on a scope of work. The last action on this item was to appoint a subcommittee consisting of Councilmember O'Donnell and Councilmember Doyle. Staff met with the subcommittee a month prior to this meeting and received the following recommendation and preferred scope of work for the project: 1) Retain the existing size field (75,000 square feet) of sand-based turf, 2) Remove the existing crown in the middle of the field, and 3) Include improvements to drainage and potable irrigation (a departure from the current source of recycled water). The estimated cost would be $1.6 million. Chanis reminded Council that over the course of four to five meetings, Council has considered upwards of fifteen different scopes for this project, and now that we have a preferred recommendation,the other question to answer is how this project will be funded. There are four general funding options: 1) The Town pay for the project in entirety, with majority of funds coming from unallocated General Fund reserves, 2)the Town pay for the project in entirety, but rather than taking money from reserves, finance the debt, 3)take private donations from the Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 2 community, or 4) some combination of the above options. Chanis said the next step in the project is to get a design if Council is comfortable with the scope of the project recommended by the subcommittee. Based on this new scope, the revised design proposal would be $54,070. He concluded his staff report and invited questions from the Council. Councilmember Fredericks asked if there would be a stream of revenue to pay off any debt undertaken(such as fees to use the field). Chanis answered that there would not be a dedicated revenue stream. He said the Town intends to continue charging a use fee for the soccer field, but does not anticipate that this fee will be enough to cover the maintenance costs. Fredericks clarified that the funds used to pay the debt would come from the General Fund, and over time, those monies would be competing against other future projects or operating expenses. Chanis confirmed. Councilmember O'Donnell approximated the debt payment. Chanis replied that he had conversed with other colleagues in municipal finance and their recommendation would be to take a 3.5% interest rate based on a 10-15-year payback. Vice Mayor Fraser inquired as to whether or not the 10% contingency fund as stated in the plan was the usual amount that the Town uses. Director of Public Works Barnes said that before the design stage, a 20-25% contingency fund is normal, and is generally reduced to 10-15% as the project goes out to bid. He said that the Town did not set the contingency for this project; it was set by the designer. The designer has looked very closely at this project and feels comfortable with this approximation. Vice Mayor Fraser asked for a breakdown of what organizations use McKegney Green. Director of Public Works Barnes replied that it is used by the local soccer club, St. Hilary's (1-2 times per year), the Ranch's golf clinic, and a lacrosse group has considered use but has not yet. Fraser asked if there were grant opportunities that might assist with funding. Director Barnes replied that the State of California has a grant, but, like other private companies that support soccer groups, it is targeted toward low-income, high-crime and high-unemployment areas. Councilmember Fredericks wished to clarify that the recommended 75,000 square foot would be fully functional. Town Manager Chanis replied that it would. Councilmember O'Donnell said there has been some discussion as to why the Town is proposing 75,000 square feet rather than 110,000 square feet because that is the current size of the flat area. He asked staff to speak to the reasoning behind this recommendation; he asked if we weren't paying per square foot, and the bulk of the costs are already baked in, why not try to get a little more out of the field? Town Manager Chanis replied that the estimated cost for increasing the size to 110,000 square feet would be roughly $2 million, so the additional cost could be inexpensive relative to the initial build. O'Donnell asked if the additional square feet would be Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 3 playable with new turf. Director Barnes replied that it would be similar to the existing condition. There would be some new turf, but there would be no change in the soil. One of the main issues of the field now is that in the non-sand area, the soil is very clay-like, which poses a difficulty for rooting. One advantage we would have is a potable water system which would help the grass survive better, but there are still issues with the types of soil present. Town Manager Chanis reminded Council that the scope of the proposed project, a 75,000 square foot sand-based field, is essentially the same way the field was originally built. Councilmember O'Donnell asked if there was a way to mitigate the large cost for the meter. He noted MMWD would be seeing much more revenue due to the use of potable water, and if they could help the Town with that fee, a big portion of the cost would be lessened. He offered to be the point person to discuss it with them. Mayor Tollini opened the floor for public comment. Mark Minturn, President of the Tiburon Peninsula Soccer Club, called McKegney Green the "gem by the bay" and said it is the primary playing field for hundreds of kids. He said on behalf of the Board of Directors, he wanted to reinforce to the Council that the TPSC is committed to work and cooperate with the Town to get a quality playing field. He said the Board has authorized a financial commitment of at least$100,000 and to fundraise further because they believe there is widespread community support. Matt Cutler, TPSC member, stated his appreciation for the consideration of the project. He said his family moved to Tiburon recently, and soccer helped his kids integrate into the community. He called McKegney Green the "field of dreams" and encouraged the Council to think beyond the square footage and consider the greater picture of what a nice community soccer field brings to the current and future Tiburon families. Lisa Hovan, TPSC Treasurer, stated her understanding of trying to stay within budget. She inquired if it was possible to build a bigger field if the funds were raised, or does the size need to be decided on before moving forward with the project? Mayor Tollini closed public comment. Councilmember O'Donnell stated that the Council knows how important McKegney Green is to the community and that they are aware of the need to repair the deteriorated field. He said the problems are two-fold: the irrigation system is decades old and is not functioning properly and the water going through irrigation system has a high level of salt, which does not agree with grass. He said that one of the largest jumps in cost in fixing this field is the introduction of potable water. He said the subcommittee discussed this at length. They ultimately concluded that putting salt water back onto the field was not a good idea. Town Council DRAFT Minutes #19-2016 November 2, 2016 Page 4 O'Donnell said he did not know what else the Town could do but proceed with the design. He argued they would be wise to table the funding discussions until they have a true estimate of the cost, and at that point, the Town could pay a little out of reserves and borrow the rest. He said he generally believes project management can be done internally, and would like to attempt discussions with MMWD to lower their cost while waiting for design proposals. Mayor Tollini expressed concern over putting the project out to bid before having a funding source due to the possibility of the plans "going stale", and then having to get another design if they wait too long to start construction. Town Manager Chanis replied that if Council were to agree on the proposed scope, it would not be problematic to move forward without a definite funding strategy, and there is limited danger of"going stale" in a sports field project. He said only changing the scope at a later date would add significant redesign costs. He mentioned design should begin the next week to complete the project in summer 2017. Vice Mayor Fraser asked how long the design period would be. Director Barnes gave an overview of the time frame. He explained the necessity to start the permitting process now so as to not lose the next construction season. He said the processes for design, bidding, analysis, Council approval and contractor award would push the time frame into spring or early summer. Fraser agreed with his colleagues, and stated his opinion that the Council should challenge itself to develop a funding strategy before the design period ends. He said whatever funding strategy is decided upon, it can be augmented if something comes out of the design. Councilmember O'Donnell stated his opinion that the Council should have a more holistic approach to upgrading the entire area, rather than a 75,000 square foot cut out, because the Town would also be responsible for re-turfing and repairing irrigation outside that area due to the natural disruption that would occur over the course of construction. Councilmember Fredericks asked if the costs before them include the costs of rehabilitating the field after the project is complete. Town Manager Chanis said those costs are included. He added that a significant portion of McKegney Green will be re-turfed, but only 75,000 square feet will be the sand based field. He said he is comfortable starting design, but would be reluctant to do so if Council had any misgivings about the scope of the project. Fredericks stated that Council should be making a decision tonight if they wanted this to be done next summer. Town Manager Chanis confirmed, but added that a funding decision does not necessarily need to be made tonight. Councilmember O'Donnell said he was comfortable proceeding with the design, and Councilmember Fredericks agreed. Fredericks commented that the proposed size is a compromise in both cost and in the use of potable water. She said she believed funding strategies should be examined as soon as possible, but not tonight. O'Donnell agreed. Councilmember Doyle said he liked the idea of talking to MMWD about their connection fee. He Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 5 said that cost was one of the highest in the proposal. Mayor Tollini said she is a proponent of fixing the field, but stated concern about moving forward without a funding strategy. She said that committing to spending this money tonight would take away from all the other capital improvement projects Council wants to get done in the community. She said she did not believe debt financing was fiscally responsible, and stated further concern that Council was compromising on the field size. She wondered if there was enough community fundraising, or a matching program were implemented, perhaps we could afford to do it right. She questioned pushing a project forward unnecessarily if it isn't exactly what we want, and we don't have the money to pay for it. Councilmember Fredericks inquired about the deadline to complete the project next summer. Town Manager Chanis said there is no deadline to complete the project: the time frame was simply imposed because a decision needed to be made to see the project completed in the next construction season. To further delay design would be to forego construction next summer. Vice Mayor Fraser said he agreed with the Mayor about debt financing, stating that he does not want this Council's legacy to be debt. He said Council could be more aggressive in pursuing a funding strategy. He said Council should not make a funding decision tonight, and echoed the Mayor's sentiment that the Council should review this project in conjunction with other projects requiring funding. He encouraged Council to approve the design and to put themselves "on the clock"to find a funding solution. Mayor Tollini reminded the group that if Council committed to the design tonight,there would be no changing the scope of the project. Fraser said that he believes Councilmembers O'Donnell and Doyle did a great job as the subcommittee in determining the scope, and stated that he does not believe we need the extra square footage. He said that 75,000 square feet would be adequate space for a substantial soccer field and still leaving enough room around it for other activities. O'Donnell said the subcommittee discussed many options, and based on cost, their recommendation seemed like a good compromise. He said he wished to proceed with the design tonight, and added that working in the upcoming construction season is important so schools and families can use the field in the fall. He agreed with Vice Mayor Fraser that Council should"go on the clock"to find a funding solution. He suggested bringing back the subcommittee to focus on finances and to have the TPSC participate. Tollini agreed to proceed with the design element, but still expressed reservations about changing the scope in the future and that funding this project will affect other long-term capital improvement project priorities. She said $1.6 million was a large sum of money to pay considering the number of people that use the field. She said she would like to see a large contribution from the community, but expressed doubt that community funds could be pulled together in time for the next construction season. Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 6 Councilmember Fredericks clarified the Mayor's position: She would move forward with the design, but perhaps not necessarily move forward with construction next summer if there is no good plan for funding. Tollini confirmed. Councilmember Doyle commented that the area that will be sand-based will actually be much larger than the 75,000-square foot area; it will be closer to 90,000 square feet. There would be plenty of room for other activities or for other groups to the sides of the field. The field will have a lot of usable space; it wouldn't just be a 75,000-square foot cut-out that would be upgraded. Mayor Tollini said there seemed to be a consensus to authorize the design for 75,000 square feet, and for the subcommittee to shift focus to a finding viable financial solution. Councilmember O'Donnell said he would like the TPSC to be on the subcommittee. Councilmember Fredericks said she hopes the sub-committee will report back to the Council with a convincing argument as to how debt financing may be a tool. Councilmember O'Donnell said that debt financing is a viable solution for capital projects, but not ongoing maintenance or expenses. He said that debt is a tool used by governments and agencies frequently. Mayor Tollini said the counter-argument to debt financing was that if you have to finance it, perhaps you cannot afford it. She said whatever the amount the Town chooses to spend, they should be confident that it doesn't drain the reserves. Councilmember Fredericks asked what sorts of variables one might take into account when deciding what sorts of expensive projects commonly use debt as a payment strategy. She requested further information from staff. MOTION: To authorize the Town Manager to execute a contract with Abey-Arnold Associates for the design of the McKegney Green renovation, as written. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous 2. New Morning Cafe Sidewalk Improvement Project—Consideration of award of contract, and associated budget adjustments, for design work related to frontage improvements at New Morning cafe site (Department of Public Works) Director of Public Works Barnes gave the staff report. He said the General Plan outlines a project to enhance pedestrian flow outside of the current New Morning Cafe downtown, and as part of New Morning Cafe's new development,their conditions of approval require them to contribute to such a project. Director Barnes showed photos of restricted areas of the current sidewalk and of pedestrians walking in the street due to insufficient space on the sidewalk. He said the owner of New Morning Cafe is intending to begin construction on their site in the fall of 2017, and Staff wants to ensure forward movement in the project so as to not tear up the frontage of the building after their construction is already completed. However, the design is Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 7 complicated. The only design proposal returned set a cost estimate at$62,680. Director Barnes said Staff would like to move forward with the design and negotiations with New Morning Caf6 will begin when costs are more definite (when approx. 60% of design completed). Mayor Tollini invited questions from the Council. Councilmember O'Donnell asked if there would be an opportunity for New Morning Caf6 to contribute financially. Director of Public Works Barnes answered that they are supposed to contribute, but the specific amount is not detailed. Councilmember O'Donnell wished to clarify where that contribution would go. Director Barnes said that it would be financial assistance directly to this project, rather than a Street Impact Fee, for example. Vice Mayor Fraser said the agreement to "help out" financially should be more specific. He commented that the survey fee as stated in the proposal was unusually high, and perhaps a survey already exists as part of New Morning Cafe's improvement project. If so, a secondary survey would be less expensive. Director Barnes said that the Town does have those drawings, and if they can use them, they will. O'Donnell asked if the fee they were reviewing was only for the design, or was it for the work too? Director Barnes said that fee was only for the design. Mayor Tollini opened the floor for public comment. There was none. Vice Mayor Fraser recommended moving forward with the design, but requested more specificity from the owner of the building in terms of what they plan to contribute financially. Councilmember O'Donnell asked how the Town can move forward with design meant to be done in conjunction with the owner before seeing what they propose. Town Manager Chanis said the owner has already submitted fairly detailed plans just to get to this stage in their renovation. Staff believes the project can be designed up to 60%, and then completed once the owner submits plans to ensure consistency. Chanis further emphasized the reason for discussion now was timing. He said delaying design until the issuance of their building permit would likely delay construction of this project until after the New Morning Cafe's improvements were completed. O'Donnell asked if the Town would still be doing this project if the New Morning C66 weren't doing a renovation. He wondered if completing this project was an ADA requirement. Director Barnes said that this is a project in the General Plan, but it is going forward specifically at this time due to the renovation. MOTION: To approve staff recommendations, as written: 1) to increase the CIP budget for the New Morning Caf6 Frontage Project by $32,680 to a total of$62,680; and 2) to authorize the Town Manager to enter into a contract for the design of the New Morning Caf6 Frontage Project to Harris and Associates in an amount not to exceed $62,680. Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 8 Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous 3. Storm Drain Update—Receive staff report on recent video inspection of storm drains, and consider allocating additional funds for the 2016-2017 Storm Drain Improvement/Repair Project(Department of Public Works) Director of Public Works Barnes gave the staff report. He reminded Council of the budgeted $130,000 this year for storm drain flushing and storm drain video. Staff identified eighteen pipes that are in poor condition with holes and need to be replaced. The estimate to repair all of the damaged pipes would be $1.1 million. He mentioned that some of the pipes would need to be enlarged based on the Storm Drain Master Plan, and it is possible that more will be found as hydrology studies begin. He showed a map and photos of the various locations of the damaged storm drains throughout town, highlighting holes, cave-ins, and other damage. Mayor Tollini invited questions from the Council. Councilmember Fredericks asked Director Barnes to say a few words as to the importance of storm drains, like what they do and how they protect us. He said storm drains move large amounts of surface water from the Tiburon hillsides to the Bay. He said the Storm Drain Master Plan's goal is to keep the peninsula from flooding after a 25-year storm. Vice Mayor Fraser noted the Town has only looked at—20% of storm drains and found significant damage, leaving 80%with no final determination of sustained damage. He said if we move forward with spending $1.1 million now, we will have very little going forward. He asked where the money was going to come from to take care of the other 80% if necessary. Tollini commented that this project would nearly empty the Streets Drainage fund. She asked how that fund is replenished and how often. Director of Administrative Services Bigall said the fund has an annual contribution from Mill Valley Refuse Service franchise fees. Additionally, Council allocates General Fund reserve balances to various funds based on needs annually. Councilmember O'Donnell asked if some portion of the money could come from the Street Impact Fund because he noticed that fund seems to grow significantly every year, and now has a balance of over $2 million. Director Bigall said that fund is to be used exclusively for construction damage to streets. Town Manager Chanis added that staff anticipates using those funds to complete a large street project next year. O'Donnell asked if there was an opportunity to phase these projects over time according to location and priority. There was some discussion as to how to geographically phase and prioritize a project like this. Chanis commented that it is not usually wise to split a project like this into too Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 9 many pieces due to the nature of the bidding process. Director Barnes said a clever bidder may win the low bid on one portion, but pad the bid on the next phase. He said splitting the project may end up costing more, but there can be valid reasons to do it. MOTION: To authorize staff to issue a Request for Proposals for the design work associated with repairing, or replacing, the 18 CMP segments listed in Table 1 of the staff report. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 4. Tiburon Boulevard curb cuts/ramp upgrades—Consider allocation of additional funding for this Caltrans directed project for curb/ramp upgrades on Tiburon Boulevard(Department of Public Works) Director of Public Works Barnes gave the staff report. He said CalTrans is updating and replacing curb ramps in a number of local municipalities in their right of way,and is giving municipalities the opportunities to pay for similar upgrades in their own rights of way. He outlined the Tiburon curb ramps that would be updated, to cost approximately $140,000. He said CalTrans would be responsible for all permitting,design and construction,and the cost is no different than it would be for the Town to do it independently.He said CalTrans will move forward with their own work regardless of Council's decision tonight on whether or not to be involved. Vice Mayor Fraser asked if they should wait to do the curb ramps by the library due to the major construction expected to take place there in the next several years. Director Barnes replied that eliminating those two upgrades from the project would not save a significant amount of money. Councilmember Fredericks asked if there were any legal constraints to waiting to do this project. Director Barnes said there was no legal requirement to upgrade the curb ramps at this time. Mayor Tollini opened the floor for public comment. There was none. Councilmember O'Donnell said he believes Council should take special care when considering the crosswalks downtown. He said he believes the width and breathe of the sidewalks adds to the ambiance of the town due to the area's use as a plaza for festivals and parades and the like. Vice Mayor Fraser asked if this project could be tabled. Director Barnes replied that the Town could table their portion, but CalTrans will still move forward with their portion in Tiburon. Councilmember Fredericks asked how much of the visible design could be changed. Director Barnes said ADA requirements are strict and not variable. Fredericks said she saw no benefit on Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 10 waiting on a design that could not be changed, and stated her opinion that Council should authorize pursuing the design with CalTrans as recommended. Councilmember Doyle asked if there was a cost savings to working alongside CalTrans, rather than waiting to do it independently. Director Barnes cited CalTrans' "economy of scale"and the ease of bypassing their permitting process. Vice Mayor Fraser said the library expansion will provide a good opportunity to fix several of the proposed ramps over the next several years. He suggested tabling the item. Fredericks wished to clarify: will we have to make these safety improvements eventually? Director Barnes replied that there is a standard that we must eventually comply with, but not necessarily until we do other work in the area. Tollini agreed with Fraser. She asked if there was a problem for local handicapped people getting around downtown. Director Barnes said he had not received specific complaints about the curb ramps in question, but had anecdotally received negative feedback about other landings not included in this project. Tollini commented that perhaps this money should go toward those landings. Town Manager Chanis said CalTrans would be working to improve those locations, and audible signals were recently implemented there. O'Donnell commented that several of the curb ramps CalTrans will do need to be done, but questioned spending money on upgrades that will be done in a few years anyway. In the downtown area, he expressed reservations over the proposed design and functionality. Fredericks asked if the current landings are ADA compliant. Barnes replied that they were when they were constructed, but are not now. Fredericks asked if we should have a plan in place to bring them up to current standards. Town Attorney Stock said the Town does not have an affirmative duty to upgrade each intersection; the Town is only obligated to upgrade when we are doing other work in the area. Fredericks asked for confirmation from Barnes that there had been no insistent complaints from residents about these particular curb ramps. Barnes affirmed. Fredericks asked if this money was coming from a restricted fund. Chanis said this year's budget had allocated $20,000 for curb ramp improvements, and staff would request from Council to take the additional funds from the gas tax fund. He confirmed that if we did not do this project, the funds could be used toward other projects. There was some discussion as to the gas tax fund not being replenished as quickly as it had been in the past. No action taken. Town Council DRAFT Minutes#19-2016 November 2, 2016 Page I1 PUBLIC HEARINGS Item Nos. 1 and 2 taken out of order. 2. Electric Bicycle Use—Amend Chapter 23 (Traffic) of the Tiburon Municipal Code with regard to electric bicycle use (Community Development Department)—Introduction and first reading of ordinance Director of Community Development Anderson gave the staff report. He said electric bikes have become popular over the last several years amongst residents, and the Town of Tiburon now has an electric bicycle store in its downtown. He said the municipal code has no mention of electric bicycles and the Town is bringing forward proposed amendments to align it with the California Vehicle Code and define the bikes and specify allowable usage within Tiburon. He said the other proposed amendment was to establish a 15 mph maximum speed limit for electric bikes, the same in use by Marin County and Mill Valley. Director Anderson invited any questions from the Council. Councilmember Fredericks asked if there were any limitations in Town as to where bicycles can be ridden. Director Anderson answered that bicycles were permitted on city streets and non- motorized bicycles were permitted in open space areas, but not on the path alongside Shoreline Park. He said the State of California has defined electric bicycles to be non-motorized, so they would be allowed in the same spaces. Fredericks referred to a complaint she had received about electric bicycles riding through the grass in Zelinsky Park. Director Anderson said bikes were not permitted to ride through grass. Councilmember Fredericks further commented that she hopes there will be no promotions of electric bicycles showing illegal use. She also commented that it would have been beneficial for the Council to know of any positive or negative comments that had been said at the Planning Commission's meeting to better gauge public perception. Town Manger Chanis replied there were no negative comments, only positive. Councilmember Doyle inquired about the provision that electric bicycles were not to be used for commercial purposes, and asked what that might be. Director Anderson replied that there have been some suggestions of"petty cabs". Vice Mayor Fraser asked if Segways were considered motorized. Chief of Police Cronin answered that Segways are regulated as pedestrians. Councilmember O'Donnell asked if motorized skateboards or scooters were also regulated as pedestrians. Chief Cronin said that there are several distinctions amongst the different types of electric scooters and skateboards, but many of those seen around Town are illegal. Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 12 Mayor Tollini asked if there will be any change in enforcement with the imposition of the 15mph speed limit, as Old Rail Trail only prohibits "unsafe speeds". Cronin replied that it is very difficult to enforce the "unsafe speeds"because it is up to the officer's judgment to determine if the bicyclist's speed is unsafe. He said the 15mph speed limit would not be ambiguous in this way. Councilmember O'Donnell asked what the maximum speed of the electric bicycles is. Chief Cronin said the bikes can reach 20mph with the electric assist. Councilmember Fredericks asked if there were any safety concerns addressed at the Planning Commission meeting. She expressed concern with introducing another vehicle onto a shared roadway, especially one with children present. Town Manager Chanis said there was some discussion to limiting the number of rentals the shop can release out per day. Fredericks commented that rental limits would be difficult to enforce. She asked if there were more collisions, does the Town have recourse to control what happens on Old Rail Trail? Cronin stated his person preference to not mix bicycles and pedestrians, but commented that there is no alternative in this case, because bicycles should not go on Tiburon Boulevard. He said the numbers of bike-related accidents are being closely monitored, and if the number increases, perhaps an additional review of the store's operation would be in order. Vice Mayor Fraser said the increase in bicycle usage around Town is a function of an increased desire to be environmentally friendly and the Town advocating for more bicycle usage, specifically for children to bike to school. He mentioned the Parks, Open Space and Trails Commission is developing a safety plan for persons utilizing all modes of travel. He said there will be a larger mix of pedestrians, bicycles and vehicles on the road going forward. He commended the Chief of Police for keeping a close eye on this. He said Council's role in the community should be to educate everyone how to be safe together and share the roadway. He said more regulation in response to an accident is not the right way to deal with the problem. Mayor Tollini opened the floor for public comment. Don DiCostanzo introduced himself as the co-founder of Pedego, the local electric bicycle shop. He said their local shop does not have the space to house many bikes available for rent. He said the purpose of having bikes available for rent was to entice customers to purchase one; Pedego is not running a business based on rentals alone. He cited the speed laws in Huntington Beach, CA: 15mph maximum speed, unless pedestrians are present, in which the maximum speed decreases to 8mph. He said the regular Pedego consumer(50-70 year old) does not typically ride as fast as a cyclist and Pedego has an excellent safety record. He said Old Rail Trail is the perfect location. Kevin Wood, the store manager of the Tiburon Pedego, said Pedego staff discusses safety with all customers and reminds them that they have a responsibility to be safe. Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 13 Mayor Tollini liked the idea of the 15mph speed limit unless pedestrians are present. Chanis said it had not been considered when drafting the proposed changes, but it could be included. Chief Cronin commented that on an optimal conditions day, the speed limit would effectively be limited to 8mph due to more pedestrian traffic. He also commented that the 8mph speed limit was not ambiguous, and thus, still enforceable. Town Attorney Stock read the revised language with the proposed change to include an alternate speed limit when pedestrians are present. MOTION: To introduce the ordinance and read by title only, waiving further reading and schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous Mayor Tollini read, "An Ordinance of the Town Council of the Town of Tiburon amending Municipal Code Title VI, Chapter 23 (Regulation of Motor Vehicles and Traffic)to Authorize the use of Certain Classes of Electric Bicycles on Bicycle and Pedestrian Paths owned by the Town of Tiburon, including Old Rail Trail, and to Establish a Maximum Speed Limit on Old Rail Trail." MOTION: To hold a roll call vote on introduction of the ordinance, as amended in the public hearing. Moved: Fraser, seconded by Doyle Roll Call Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini 1. 2017 Building Codes—Amend Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt new State of California Construction and Building Codes for 2017 (Community Development Department)—Introduction and first reading of ordinance Director of Community Development Anderson gave the staff report. He said that the State of California adopts new construction codes every three years. This proposal includes the adoption of the 2016 codes and the ratification of the California Fire Code adopted by our two local districts. He said the Town adopts local amendments to this code infrequently. MT invited council questions. Vice Mayor Fraser recalled an issue from several years ago about the issuance of extension penalties and fees. He gave a brief overview of the building permit extension process and the fees associated. He pointed out that the Building Official does not have the sole discretion to waive fees or alter the time frame of the extension until the third request for extension. He said perhaps Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 14 the Building Official should be involved from the first extension. He argued that a project that is 90% complete may only need a 30-day extension, rather than the standard 6-month extension, and the extension fees could be altered appropriately. Building Official Salzman replied that he does not issue unnecessary penalties on projects that appear to be close to finishing. He added that this does create complications addressing potential issues with displeased neighbors. Director Anderson added that this has been the Town's historical practice. Councilmember O'Donnell asked how the Building Division handles the increase of technology in modern homes. He said the official code can"be behind" in technology of the modern home. Building Official Salzman cited a section of the code that allows anyone to submit an alternative construction feature, but it is their responsibility to submit sufficient data to allow the Building Division to make a determination as to whether or not the feature meets standard building requirements. MOTION: To introduce the ordinance and read by title only, waiving further reading and schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous Mayor Tollini read, "An Ordinance of the Town Council of the Town of Tiburon amending provisions of Title IV, Chapter 13 of the Tiburon Municipal Code by Adopting with Amendments the most Recent Standardized Construction Codes." MOTION: To hold a roll call vote on introduction of the ordinance, as written. Moved: Tollini, Fredericks Roll Call Vote: AYES: Doyle, Fraser, Fredericks, O'Donnell, Tollini TOWN COUNCIL REPORTS Councilmember Fredericks brought a problem in scheduling for the November meeting of MCCMC to the Council's attention. She requested that the Mayor write a letter asking MCCMC to either reschedule their meeting to November 30th or initiate an alternative process of voting consistent with their bylaws so the Town of Tiburon is not disenfranchised at this meeting. Councilmember O'Donnell asked about a large vertical pole visible downtown. There was a comment from the audience that the pole was monitoring traffic for CalTrans. TOWN MANAGER REPORT Town Manager Chanis announced the Town purchased its first electric vehicle: a 2016 Kia Soul EV in use by the Building Inspector. He commended Director of Community Development Town Council DRAFT Minutes#19-2016 November 2, 2016 Page 15 Anderson and Building Official Salzman for their work in procuring the vehicle. He said the Town is hoping to get a$6000 grant from the State of California and Transportation Authority of Marin and another grant to install a Level 2 charger. WEEKLY DIGESTS • Town Council Weekly Digests—October 21 &28, 2016 Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini adjourned the meeting at 10:30 p.m. ERIN TOLLINI, MAYOR ATTEST: /s/ DIANE CRANE IACOPI, TOWN CLERK Town Council DRAFT Minutes #19-2016 November 2, 2016 Page 16 CC . 2- DRAFT TOWN COUNCIL SPECIAL AND REGULAR MEETING - MINUTES On WednesCy,November 16, 2016, at 7:00 p.m., the Council held a special meeting at Tiburon Town Hall, 1buron Boulevard iburon, California. CALL TO ORDER AND ROLL CALL—SPECIAL MEETING Councilmember Doyle, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini were all present, along with Town Attorney Stock and Town Manager Chanis. CLOSED SESSION Public Employee Performance Review: Government Code Section 54957 Title: Town Attorney ADJOURNMENT—to regular meeting CALL TO ORDER—REGULAR MEETING Mayor Tollini called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, February 17, 2016, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini 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, Town Clerk Crane Iacopi, Community Development Aide Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION,IF ANY Mayor Tollini said no action was taken in closed session. ORAL COMMUNICATIONS None. Page I Town Council Minutes xx-2016 DRAFT November 16, 2016 CONSENT CALENDAR 1. 2017 Building Codes—Adopt ordinance amending Chapter 13 (Building Regulations) of the Tiburon Municipal Code to adopt by reference the latest State of California- authorized Construction Codes (Community Development Department) 2. Electric Bicycle Use—Adopt ordinance amending Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code with regard to electric bicycle use (Community Development Department) 3. Tiburon Peninsula Club EIR—Approve services agreement for preparation of an Environmental Impact Report for the Tiburon Peninsula Club Expansion Project (Community Development Department) 4. Reclassification of Public Works Employee—Authorize the reclassification of the Assistant Superintendent of Public Works to Superintendent of Public Works (Department of Public Works) 5. Commendation of Diane Crane Iacopi—Adopt resolution commending retiring Town Clerk Diane Crane Iacopi for her outstanding service to the Town of Tiburon (Department of Administrative Services) MOTION: To adopt Consent Calendar Nos. 1 —5, as written. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous RECOGNITION OF TOWN SERVICES 1. Diane Crane Iacopi, Town Clerk, 21 years of service Mayor Tollini said she would like to take this opportunity to recognize Diane Crane Iacopi, Town Clerk, for her 21 years of outstanding service to the Town of Tiburon. She mentioned that tonight was her last Council meeting. She read Town Council Resolution No. 28-2016 commending Town Clerk Crane Iacopi, and opened the floor to her fellow councilmembers. Councilmember O'Donnell recalled meeting Town Clerk Crane Iacopi several years prior when he was on the Design Review Board. He recalled her encouraging demeanor, helpful attitude, warmth and friendliness. He said she has always conducted herself with grace and ease. He offered his congratulations on her retirement and his thanks for all she has done. Councilmember Doyle said he could not recall a time when Town Clerk Crane Iacopi was not a presence at Town Hall. He recalled seeing her at Town Hall upon various occasions until finally joining the Design Review Board. He commented on her calming and helpful attitude as he Page 2 Town Council Minutes xx-2016 DRAFT November 16, 2016 moved into a chair position on the board, and how easy she has made everything for him over the years. He thanked her graciously. Vice Mayor Fraser echoed his fellow councilmembers' sentiments. He lauded Town Clerk Crane Iacopi for her ability to always keep him (and his colleagues) on track, and for shepherding him through the entire process of assuming office. He said they would miss her as both a Town Clerk and a person, and so will the community. He thanked her for all she has done for him, his colleagues, and the community as a whole. Councilmember Fredericks commented that Town Clerk Crane Iacopi's common sense, kindness and familiarity with legal processes in government make her the best guide imaginable for local elected people. She recalled the years they had spent carpooling to MCCMC events,and shared how much she had enjoyed those times. Fredericks said she would like to thank Town Clerk Crane Iacopi for her stellar minute-taking ability, and said they would miss her very much. Mayor Tollini commended Town Clerk Crane Iacopi for keeping the Council legally sound. She said running for Town Council is a daunting process, but Crane Iacopi made her feel comfortable and capable. Her encouragement made the process less intimidating. Mayor Tollini commented that she would miss Crane Iacopi's sense of humor—she said she has a way with words, and her humor provided a much-needed light at times. She praised Crane Iacopi for ensuring the Council is always prepared. She thanked her graciously for all she has done and will do. Mayor Tollini presented Town Clerk Crane Iacopi with two gifts—a framed copy of Resolution No. 28-2016 and a glass plaque to commemorate her 21 years of service. The Mayor invited all attendees to enjoy a piece of cake. Town Clerk Crane Iacopi gave a short speech of appreciation. She told the Council it had been a pleasure working with them and getting to know them as people. She said the Town of Tiburon was lucky to have them as Councilors, and she had enjoyed watching them work together over the years. She commended their dedication to the mission. She said it had also been a pleasure to work for the community. She said Tiburon was lucky to have so many different types of people in the community, but people who share one thing in common: love for this beautiful town. And to the staff, she said their dedication was beyond compare, and the camaraderie made all the difference in the world. She thanked her husband, Tony. She praised the work he did over his 18- year tenure with the Town: many things he built with his hands are still standing today. She talked about her philosophy on public service, on keeping a"servant's heart"with"a volunteer spirit, a determination to help, a commitment to follow and to start meeting the needs around you." She said this is what she had tried to do during her career. She expressed gratitude to all, and received a standing ovation from the crowd. ACTION ITEMS 1. Heritage & Arts Commission—Consider approval of recommendation by the Heritage & Arts Commission to reduce its membership from nine to seven persons; Resolution (Town Manager Chanis/Commission Chair Hall) Page 3 Town Council Minutes xx-2016 DRAFT November 16, 2016 Director of Community Development Anderson gave the staff report. He said the Heritage and Arts Commission had its membership increased from 7 to 9 members in July 2014 as part of an update to the mission and scope of duties. The intention was to provide adequate manpower to shoulder the workload. He said in the two subsequent years, the Commission has had difficulty with member attraction and retention, resulting in prolonged vacancies and a difficulty obtaining a quorum for their regular meetings. At this time, the Commission is requesting the membership be reduced back to 7 members. He said there are currently two vacancies on the commission, and the most recent recruitment yielded no volunteers. Director Anderson said the Chair of the Heritage and Arts Commission, Fran Hall, is present to answer further questions. Chair Hall restated the belief of the Commission that they work better with 7 members, and reiterated the difficulties in retention and in getting a quorum for their meetings. Mayor Tollini opened the floor for public comment. There was none. Councilmember O'Donnell asked if recruitment for this commission had ever been opened to Belvedere residents. Town Clerk Crane Iacopi replied that this commission is open to residents of Tiburon and Belvedere, as well as unincorporated areas. MOTION: To accept recommendation of the Heritage & Arts Commission and adopt resolution reducing the membership from nine to seven persons. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous PUBLIC HEARINGS 1. 60 Monterey Drive—Consider approval of an application for amendment to the Cypress Hollow Precise Development Plan for an additional 740 square feet of floor area to be constructed within the existing footprint of a single-family residence and to add an elevator to the exterior of the building; Resolution (Community Development Department) Applicants: Michael & Kelly Day Assessor Parcel No.: 034-394-06 Associate Planner O'Malley gave the staff report. She summarized the project's proposed amendments to the Cypress Hollow Precise Development Plan for the property located at 60 Monterey Drive. The owners propose to increase the maximum floor area permitted for the lot. She said the owners wish to convert unused space into a den, a second study, storage and a half bathroom. The owners would also like to add an elevator. She mentioned the proposed floor area would exceed the allowable amount governed by the Cypress Hollow Precise Development Plan and Tiburon's default floor area maximum. Page 4 Town Council Minutes xx-2016 DRAFT November 16, 2016 She said since the subdivision's annexation into Tiburon, there have been 8 approved applications for amendments to increase the maximum floor area for various lots within the subdivision. The majority of the proposed changes will be situated within the existing floor plan, except the elevator, which does not appear to have any significant impact on neighbors. She said the Planning Commission held a public hearing on this item on October 26, 2016. There was no public comment. The Planning Commission found the proposed changes in accordance with the overall intent of the Cypress Hollow Precise Development Plan and the Tiburon General Plan and recommended approval to the Town Council. She said the applicants and owners were present and available to answer any questions. Mayor Tollini opened the floor for public comment. There was none. Councilmember O'Donnell commented that this is quite a common application and that he is in full support of the recommendation of the Planning Commission and the resolution as drafted. Councilmembers Doyle and Fredericks and Vice Mayor Fraser agreed. MOTION: To adopt resolution conditionally approving the precise plan amendment, as written. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Manager Chanis reminded Council of a road closure on Saturday, December 3, 2016 for the holiday festival. Chanis also took the opportunity to praise Town Clerk Crane Iacopi, on the occasion of her final Council meeting. He said he would like to personally thank her for all the help she offered him when he first came onboard and her great sense of humor. He said he could always rely on Crane Iacopi duly assist any residents. He commented that he and Crane Iacopi had something in common: a difficulty in explaining to their elderly parents what they did for a living. Chanis said Crane lacopi's mother had found the right way to put it: "What she does is very important, because she helps people." He thanked her, and wished her and her husband, Tony, well. WEEKLY DIGESTS Received. ADJOURNMENT Page S Town Council Minutes xx-2016 DRAFT November 16, 2016 There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini adjourned the meeting at 7:50 p.m. ERIN TOLLINI, MAYOR ATTEST: /s/ DIANE CRANE IACOPI, TOWN CLERK Page 6 Town Council Minutes xx-2016 DRAFT November 16, 2016 Cti -3 DRAFT TOWN COUNCIL MINUTES CALL TO ORDER Mayor Tollini e the regular m ting of the Tiburon Town Council to order at 7:30 p.m. on Wedne ay, December 7, 2016, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, C ' ornia. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Public Works/Town Engineer Barnes, Director of Community Development Anderson, Director of Administrative Services Bigall, Chief of Police Cronin, Planning Manager Watrous, Building Official Salzman, Building Inspector Haight, Management Analyst Creekmore, Superintendent of Public Works Kerslake, Associate Engineer Lashkevich, Town Clerk Stefani ORAL COMMUNICATIONS Phil Richardson, 418 Greenwood Beach Road, referenced the email he sent the Council, expressing concern over a eucalyptus tree on Greenwood Beach Road that the Town has continuously allowed to be trimmed to protect another resident's view. He said he had hoped to be informed the next time it would be topped so as to have some input as to the health of the tree. Mary Beth Todd, Board member and Girls Director of the Southern Marin Lacrosse Club, said the club has recently seen tremendous growth, including over 200 Tiburon children. She said the club has not been able to secure field space in Tiburon, so they must practice elsewhere. She asked for"a seat at the table" in discussions for the development of McKegney Green. She said the club would bring their fundraising efforts, and in return would ask for usage of the field. Dana Steele introduced herself as a long-term Tiburon resident who now lives here with her husband and children. She said she has been involved in Belvedere and Tiburon's joint efforts to mitigate Tiburon Boulevard traffic. She spoke in support of all field users, including the Southern Marin Lacrosse Club, getting equal access to the decision making process regarding McKegney Green development. She said one concern of those working to alleviate afternoon traffic was Town Council DRAFT Minutes#xx-2016 December 7, 2016 Page 1 where local athletes must travel for practice and commented that all 200 local lacrosse players must travel out of the area, so they are unable to walk, bike or take advantage of the school bus to get to their activities. She further encouraged Council to consider equitable access for all. Artie DelNegro, Tiburon resident and local lacrosse coach, echoed Ms. Steele's comments. He said local lacrosse and soccer athletes should be able to use the same field, and if local children could walk or bike to athletic practice, much of Tiburon Boulevard traffic would be alleviated. Shannon Nies, Board member of the Southern Marin Lacrosse Club, spoke to the club's desire to help finance the field. She said local families are pleased to not have to leave Tiburon to drive to practice, and echoed Ms. Steele's comments about Tiburon Boulevard traffic being lessened. She said usage of a local field would help children try a new sport that they might not otherwise try. INTRODUCTION AND SWEARING IN OF TOWN EMPLOYEE Town Manager Chanis introduced new Town Clerk Stefani and administered the Oath of Office. CONSENT CALENDAR 1. Annual Appointments List—Adopt Annual List of Appointments made by Town Council in 2016 pursuant to state law(Town Clerk Stefani) 2. Mosquito & Vector Control Board—Affirm reappointment of Tiburon representative to Marin/Sonoma Mosquito &Vector Control District Board (Town Clerk Stefani) 3. Town Investment Summary—Accept report for October 2016 (Director of Administrative Services Bigall) 4. Resolution—Commendation of Daniel Watrous for 20 years of service to the Town of Tiburon(Director of Community Development Anderson) Councilmember O'Donnell requested Item No. 4 be removed for discussion. MOTION: To adopt Consent Calendar Item Nos. 1-3, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous Consent Item No 4.: Resolution—Commendation of Daniel Watrous for 20 years of service to the Town of Tiburon(Director of Community Development Anderson) Mayor Tollini read Resolution 31-2016, commending Planning Manager Dan Watrous for 20 years of dedicated service to the Town of Tiburon. Mayor Tollini presented Planning Manager Watrous with a framed copy of the resolution. Planning Manager Watrous expressed great Town Council DRAFT Minutes#xx-2016 December 7, 2016 Page 2 gratitude, and said it had been an honor and privilege to serve the residents of the Town of Tiburon, current and past Councils, and to work with a great staff. Vice Mayor Fraser added that Planning Manager Watrous has always been a great help and source of knowledge to those serving on community commissions and boards, and supposed that Dan had also been a similar asset to his colleagues. Councilmember Doyle said Planning Manager Watrous had been there for him when he was promoted to the Chair position on the Design Review Board, and recalled a memory in which Dan was able to exhibit his truly limitless wealth of knowledge. Councilmember Fredericks recalled working with Planning Manager Watrous when she had served on the Planning Commission. She said she wanted to recognize two of Dan's gifts: his penchant for building team spirit, and his talent for writing epic tributes to others. Councilmember O'Donnell commended Planning Manager Watrous for his ability to take on the difficult role as the referee, and said he plays this part magnificently. He said he appreciated Dan's counsel when he first began serving on the Design Review Board, and said the Town is very happy to have him. Mayor Tollini echoed her colleagues' sentiments. She thanked him for his time and service, and expressed appreciation for all that he does. Director of Community Development Anderson added that there is so much more that could be said about the tremendous work Planning Manager Watrous has done for the Town over the years, which simply cannot be encapsulated in the resolution. He said working alongside Dan has made his job easier and more productive. He expressed further gratitude for his service. MOTION: To adopt Consent Calendar Item No. 4, as written. Moved: Tollini, seconded by Fraser Vote: AYES: Unanimous ACTION ITEMS: REORGANIZATION OF TOWN COUNCIL 1. Recognition of Outgoing Mayor Tollini — Mayor Tollini is invited to share her comments and the Council is invited to share their comments with the outgoing Mayor, as well. Mayor Tollini said it has been a privilege to serve as Mayor in a community where the citizens are so involved, and who dedicate their time and expertise to the various boards and commissions in addition to other ways not officially part of town government. She thanked the staff for their support, for lending their knowledge, and for being warm and kind. She also thanked her fellow Councilmembers for their continued respect and for making Council meetings an enjoyable way to serve the community. And finally, she thanked her family for their endless support. Town Council DRAFT Minutes#xx-2016 December 7, 2016 Page 3 2. Town Council Comments — The Council may share additional comments at this time. Vice Mayor Fraser joked that Mayor Tollini had presided over their shortest Council meeting yet, setting a record. He said he was personally grateful to Mayor Tollini for her willingness to step out, sometimes against the crowd,on several issues,and led the way for the Council with her leadership. He thanked her for her good humor and positive attitude. Councilmember O'Donnell commented that one of Mayor Tollini's great successes of the previous year was the opening of the downtown farmer's market. He said it was a great way to engage the community, and he hopes it will continue. He added that Mayor Tollini is incredibly intelligent, speaks eloquently, and has excellent solutions to problems. He said she is a great asset to the community. Councilmember Fredericks said it has been a wonderful experience working with Mayor Tollini.She said she is an extraordinary representative of the younger families in Tiburon. She commended Mayor Tollini on her poise,her calm demeanor,and her ability to positively engage with people who have opposing views in a productive way. Fredericks said she admired Mayor Tollini enormously and her energy to revitalize downtown is only matched by her continued ideas to do so. She further commended Mayor Tollini for her timeliness in resolving difficult policy issues. Councilmember Doyle praised Mayor Tollini for her commitment to serving the community and the Council with a positive and kind attitude.He thanked her for making the Council meetings pleasant in addition to short and efficient,allowing each of them to spend more time on other commissions,in the community and with their families. Mayor Tollini thanked her colleagues for their kind words. 3. Election of New Mayor—Outgoing Mayor Tollini will entertain nominations for the Office of Mayor and conduct the election. MOTION: To appoint Vice Mayor Jim Fraser as the New Mayor [2016-2017] Moved: Doyle, Fredericks Vote: AYES: Unanimous 4. Election of Vice Mayor—The Mayor-elect will conduct the election of Vice Mayor. MOTION: To appoint Councilmember O'Donnell as Vice Mayor [2016-2017] Moved: Fredericks, Tollini Vote: AYES: Unanimous TOWN COUNCIL REPORTS There were none. Town Council DRAFT Minutes#xx-2016 December 7, 2016 Page 4 TOWN MANAGER REPORT Town Manager Chanis reminded Council of the upcoming special meeting of the Town Council on December 12 at 7:30pm and the cancellation of the December 21 regular meeting. He said Town Hall will be closed from December 23, 2016—January 1, 2017, reopening on Monday, January 2. WEEKLY DIGESTS • Town Council Weekly Digests—November 18 & 25, 2016 • Town Council Weekly Digests—December 2, 2016 Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini adjourned the meeting at 8:06 p.m. JIM FRASER, MAYOR-ELECT ATTEST: LEA STEFANI, TOWN CLERK Town Council DRAFT Minutes#xx-2016 December 7, 2016 Page 5 TOWN OF TIBURON Town Council Meeting � �,. • �.: 1505 Tiburon.Boulevard January 4, 2017 = Tiburon, CA 94920 Agenda Item: CC-u t SrA REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: t ment Summary—November 2016 Reviewed By: BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended November 30, 2016. ANALYSIS November 2016 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment $20,148,142.11 0.678% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15% Liquid Marin) Total $20,248,142.11 The total invested at the end of the prior month was $20,698,142.11 therefore the Town's investments decreased by $450,000 from October 2016. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing— safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for November 2016 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON Town Council Special Meeting January 4, 2017 1505 Tiburon Boulevard Tiburon,CA 94920 Agenda Item:Al-1 STAFF REPORT To: Mayor and Members of Town Council From: Town Manager Town Attorney Subject: yRe �ud approval of Resolution Number 32-2016 related to proposed Utility nt District Reviewed By: � BACKGROUND On Monday December 12, 2016, the Tiburon Town Council (the Council) held a special meeting during which they considered and approved a Resolution of Intent to form a Utility Undergrounding Assessment District(Resolution Number 32-2016). A copy of this resolution is attached as Exhibit 1. Prior to the meeting on December 12, the Town complied with all required noticing requirements as detailed in the Brown Act. In addition to these required measures, staff also mailed notices to affected property owners informing them of the meeting date and time. Subsequent to the meeting, we learned that due to a clerical error, a significant number of property owners did not receive a notice, and as a result, may not have been aware the meeting was taking place. Therefore, in order to allow all affected property owners an opportunity to participate, we are asking Council to consider rescinding their approval of Resolution Number 32-2016, and reconsider the item this evening as Agenda Item AI-2. In preparation for today's meeting, we mailed an explanatory letter with a meeting notice to all property owners in the proposed Assessment District. A copy of that letter and notice are attached to this report as Exhibit 2. RECOMMENDATION Staff recommends that the Town Council rescind their approval of Resolution Number 32-2016, which was considered on December 12, 2016. EXHIBITS 1. Resolution Number 32-2016 2. Letter and notice sent to property owners on 12/19/16 Prepared By: i 0W\01 1,1111 OAK#4844-8871-4556 v1 RESOLUTION NO. 32-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA, DECLARING ITS INTENTION TO TAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND TO ISSUE BONDS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 TO UNDERGROUND ALL EXISTING OVERHEAD UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE PROPOSED TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Town Council of the Town of Tiburon (the "Town") has previously adopted Town Council Resolution No. 2996 supporting the undergrounding of overhead utility wires and poles and has adopted Policy and Procedures for the Formation of Utility Undergrounding Assessment Districts (the "Policies"); and WHEREAS, in accordance with the Policies, the owners of certain parcels of land have submitted petitions (the "Petitions")to the Town requesting the formation of an assessment district in order to underground all of the overhead utility wires, poles and other facilities providing utility service to the area within the proposed assessment district; and WHEREAS, the Town Clerk has reviewed the Petitions and in accordance with Streets and Highways Code Section 5896.7 has presented to the Town Council a certificate as to the sufficiency of the Petitions to the effect that petitions have been submitted by more than five owners of assessable land within the proposed assessment district, as shown on the last equalized assessment roll, who own lands constituting more than one-half of the area of all assessable lands within the proposed assessment district; and WHEREAS, the Town Engineer and Director of Public Works (the "Town Engineer") has reviewed the Petitions and determined that the Petitions show support for the proposed assessment district by the owners of at least sixty percent (60%) of the parcels within the proposed assessment district; and WHEREAS, the Town Council desires to adopt this resolution in accordance with the Policies and the provisions of Streets and Highways Code Section 10200, which is a part of the Municipal Improvement Act of 1913 (the "1913 Act"), declaring its intention to make acquisitions and improvements to underground all electric, telephone and cable facilities, remove poles, overhead wires, guys and anchors and complete appurtenant work thereto as further described in Section 3 hereof(the "Improvements") and to order the formation of an assessment district to pay the costs thereof under and pursuant to the provisions of the 1913 Act; and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the "Assessment District"); and WHEREAS, the proposed boundaries of the Assessment District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the Assessment District, which map has been prepared by Harris & Associates (the "Assessment Engineer") and designated "Town of Tiburon Hawthorne Undergrounding District Proposed Boundary Map" (the "Map"), which Map is on file in the office of the Town Clerk; and WHEREAS, the Town Engineer, with the assistance of the Assessment Engineer, is competent to make and file with the Town Clerk the report with regard to the Improvements, which report is required by the 1913 Act to be made and filed; and WHEREAS, the conversion of overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to undergrounding, is categorically exempt from the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA") and its implementing guidelines (14 California Code of Regulations Section 15000 et seq.) (the "Guidelines") pursuant to Section 15302(d) of the Guidelines; and WHEREAS, in order to finance the cost of the Improvements the Town Council intends to consider issuing bonds secured by the assessments to be levied on property in the Assessment District pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Streets and Highways Code (the"1915 Act"); and WHEREAS, before issuing bonds, the Town Council is required, under the 1915 Act, to adopt a resolution declaring its intention to do so; NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. In accordance with the Policies, the Town Council hereby appoints Harris & Associates as the Assessment Engineer and the firm of Stradling Yocca Carlson & Rauth, a Professional Corporation and Samuel Sperry as bond counsel for the Assessment District. SECTION 3. The Improvements generally include the undergrounding of existing electric, telephone and cable facilities, including the removal of poles, overhead wires, guys and anchors and the installation of new underground service connections and new streetlights and appurtenant work therewith within the area shown on the Map. The Map is hereby approved as the preliminary boundary Map for the Assessment District. The Improvements will be designed and constructed to the standards required by the Pacific Gas and Electric Company ("PG&E") and other utility providers. The Town will inspect the work to ensure conformance to Town standards and specifications where applicable. Once completed, the underground facilities will become the property and responsibility of PG&E and such other utility providers. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his property necessary to connect facilities constructed by the public utilities in the public streets to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work to be done by the Assessment District. Failure to convert individual service connections on private property may result in a recommendation to the Town Council that the public utilities be directed to discontinue service to that property or that other actions be taken in accordance with applicable laws to convert such individual service connections. Overhead facilities cannot be removed until all overhead service has been discontinued. SECTION 4. The Town Council hereby finds and declares that the public interest and necessity require the acquisition and construction of the Improvements, and any portion of the costs of the Improvements to be assessed against parcels within the Assessment District will be of direct and special benefit to such parcels. The Town Council hereby declares its intention to order the conversion of the existing overhead electric and communication facilities to underground locations, and the acquisition of the Improvements, to make the expenses thereof chargeable upon the area included within the Assessment District, and to form the Assessment District. SECTION 5. The Town Council further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the respective special and direct benefit to be received by each parcel of land from the Improvements. SECTION 6. The Town Council finds and determines that before ordering the acquisition of the Improvements it shall take proceedings pursuant to the 1913 Act and pursuant to Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2960 et seq. (the "1931 Act"). SECTION 7. The Assessment Engineer is hereby authorized and directed to make and file with the Town Clerk a written report with regard to the 1913 Act (the "Report"), which Report shall comply with the requirements of Section 10204 and Section 2961 of the Streets and Highways Code and Article XIIID of the California Constitution and shall contain the following: (a) Plans and specifications for the Improvements; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the works, appliances or property are to be acquired as part of the Improvements; (c) An estimate of the cost of the Improvements, and the cost of land, rights of ways, easements, and incidental expenses in connection with the Improvements, including the cost of registering bonds, and a determination of the portion of the costs that represent a general benefit and the portion of the costs that represent a direct and special benefit to each of the parcels within the Assessment District; (d) A diagram showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each parcel of land within the Assessment District as they existed at the time of passage of this resolution (each subdivision to be given a separate number on the diagram); and (e) A proposed assessment of the total amount of the cost and expenses of the proposed Improvements that confer a direct and special benefit upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by such subdivision, respectively, from the Improvements (the assessment shall refer to the subdivisions by their respective numbers assigned as provided in(d) above). (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the Town and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. In addition, the Report shall contain the information required by the 1931 Act as set forth in Streets and Highways Code Section 2961(b), including: (a) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than the proposed assessments to be levied with respect to the Assessment District, which would require an investigation and report under the 1931 Act against the total area proposed to be assessed; and (b) The total true value, as near as may be determined, of the parcels of land and improvements within the Assessment District which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the county. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIIA of the California Constitution. SECTION 8. Notice is hereby given that serial or term bonds to represent unpaid assessments and to bear interest at a rate not to exceed 12 percent per annum will be issued in the manner provided in the 1915 Act to represent the unpaid assessments and the last installment of such bonds shall mature a maximum of 30 years from the second day of September next succeeding 12 months from their date. The principal amount of such bonds maturing or becoming subject to mandatory prior redemption each year shall not be an amount equal to an even annual proportion of the aggregate principal amount of the bonds, but rather (except as specifically otherwise provided by the Town Council in connection with the sale of such bonds), shall be an amount which, when added to the amount of interest payable in each year, will be a sum which is substantially equal in each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Such bonds shall be serviced and collected by the Town Treasurer or by such registrar and/or paying agent(s) as this Town Council may from time to time designate. SECTION 9. Following the acquisition of the Improvements and the payment of all incidental expenses in connection with the formation of the Assessment District and the issuance of bonds pursuant to the 1915 Act, any surplus remaining in the improvement fund established for the Assessment District shall be used as determined by the Town Council as provided in Section 10427 of the Streets and Highways Code. SECTION 10. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. SECTION 11. Except as specifically otherwise provided for herein, the Improvements shall be made and ordered pursuant to the provisions of the 1913 Act. SECTION 12. The Town Council hereby determines that the Town will not obligate itself to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund established for the Assessment District. SECTION 13. The public interest will not be served by allowing the property owners to take any contract to be let for the construction of the Improvements, and no notice of award of contract shall be published. SECTION 14. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Town Council finds that all of the conditions specified in Section 9525 are satisfied and that the adjustments to assessments are on a pro rata basis, the Town Council may approve and confirm the report and any, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds; and the last installment of such bonds shall mature on such date as will be determined by the Town Council in the proceedings for such refunding. SECTION 15. It is in the public interest and more economical to do certain work on private property to eliminate any disparity in level or size between the Improvements and private property and to add the actual cost of such work to the assessment of the property to which such work was done; provided that no work of this nature shall be performed until and unless the written consent of the owner of property is first obtained. SECTION 16. Pursuant to Streets and Highways Code Section 10110, the Town intends to enter into agreements with PG&E and the other utility providers, and any agreement between the Town and PG&E, or any other public utility, for the ownership, management, or control of the underground electric, telephone and cable facilities to be installed in connection with the Improvements, would benefit any current or future residents of the Assessment District. SECTION 17. Pursuant to Section 15302(d) of the Guidelines, the undergrounding of the Improvements will have no significant effect on the environment and is categorically exempt from CEQA. The Town Clerk is directed to cause a notice of exemption to be posted as required by law. SECTION 18. The Town Council hereby waives the requirement in the Policies for the appointment at this time of an underwriter for the Assessment District (the "Underwriter") and determines that delaying the appointment of the Underwriter to a later date in the proceedings will not adversely affect the proceedings as the Town will be engaging a municipal advisor to assist it in estimating the costs of issuing the bonds for the Assessment District. SECTION 19. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Greg Chanis Town Manager 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 SECTION 20. This Resolution shall take effect immediately upon its passage. SECTION 21. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on December 12, 2016, by the following vote: AYES: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell,Tollini NOES: COUNCILMEMBERS: None JIM FRASER, Mayor ATTEST: LEA STEFANI, Town Clerk Town of Tiburon• 1505 Tiburon Boulevard•Tiburon,CA 94920•P.415.435.7373 F.415.435.2438•www.townoftiburon.org December 19, 2016 Erin Tollini Dear Property Owner, Mayor You are receiving this letter because you are listed as the owner of a property located in Jim Fraser the proposed Hawthorne Utility Undergrounding Assessment District (the District). On Vice Mayor Monday December 12, 2016, the Tiburon Town Council (the Council) held a special Frank x Doyle meeting during which they considered and approved a Resolution of Intent to form the Councilmember District. Prior to the meeting, the Town posted the meeting on its website and mailed Alice)Fredericks notices to affected property owners informing them of the meeting date and time. Councilmember It has come to our attention that due to a clerical error, a significant number of property Emmett O'Donnell owners did not receive a notice, and as a result, may not have been aware the meeting Councilmember was taking place. We regret that this occurred as we know it is important that all property owners in the District have the opportunity to listen to the information provided to Council and state their opinion on this important matter. Therefore, we Greg Chanis Town Manager have scheduled this item for reconsideration by Council at a special Council meeting scheduled for January 4, 2017 at 7:15 p.m. This will give all affected property owners an opportunity to participate, and an opportunity for Council to reconsider the decision made on December 12. If you are unable to attend the meeting but would like to provide input to the Council, please feel free to email your comments to me directly, or send them to us here at Town Hall. For your information, the Town Hall will be closed starting Friday, December 23—reopening on Monday,January 2. Enclosed with this letter please find a notice detailing the time, date and location of the meeting. If you have any questions or concerns about this matter, please contact me directly at (415) 435-7383 or gchanis@townoftiburon.org. I will be checking my voice mail and email periodically during our holiday recess, so please don't hesitate to send your comments in. Sincerely, Greg Chanis, Town Manager Town of Tiburon t �` a ., ............................... TOWN OF TIBURON NOTICE OF SPECIAL MEETING ON A PROPOSED UNDERGROUNDING DISTRICT NEAR ROCK HILL DRIVE Notice is hereby given that the Tiburon Town Council will hold a special meeting at Town Hall on January 4, 2017 at 7:15 p.m. to reconsider the formation of a proposed undergrounding district on portions of Rock Hill Drive, Hawthorne Drive, Hillary Drive, Hillary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard ("Proposed Undergrounding District"). Certain residents from this neighborhood have filed petitions to form a utility undergrounding district. The Proposed Undergrounding District involves the designation of a contiguous area within which includes all parcels that will benefit from the construction of the proposed improvements to underground utilities. At the meeting, the Council will reconsider whether to adopt a resolution that 1) Approves a preliminary boundary map, 2) Designates an Assessment Engineer, 3) Directs the preparation of the Engineer's Report, and 4) Appoints Bond Counsel. The Staff Report for the Proposed Undergrounding District is available for review at the Public Works Department, Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920 and on the Town's website at www.townoftiburon.org via a link in the Tiburon News section of the home page. Inquiries regarding this project should be directed to Greg Chanis, Town Manager, at (415) 435-7383 or at gchanis@townoftiburon.org. The Town Council special meeting will be held at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California on Wednesday January 4, 2017. The meeting will begin at 7:15 P.M. TOWN OF TIBURON Town Council Special Meeting a 1505 Tiburon Boulevard January 4, 2017 Tiburon, CA 94920 Agenda Item:Al-2 STAFF REPORT To: Mayor and Members of Town Council From: Town Manager Town Attorney Subject: Rec ,'sideration of Proposed Undergrounding District Resolution of Intent kl Reviewed By: I SUMMARY As discussed in Agenda Item AI-1, due to an error in noticing property owners, staff is asking Council to reconsider their December 12, 2016 approval of a Resolution Number 32-2016 associated with a proposed Utility Undergrounding Assessment District (the District). In preparation for today's meeting, we mailed an explanatory letter with a meeting notice to all property owners in the District on December 19, 2016. In addition, we have attached to this report as Exhibit 1, a copy of the Powerpoint presentation that was shown during the meeting on December 12. The remainder of the information contained in this Staff Report is identical to the Staff Report provided on December 12. BACKGROUND Property owners on portions of Rock Hill Drive, Hawthorne Drive, Hillary Drive, Hillary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard have filed petitions to form a utility undergrounding district (hereinafter referred to as the "Proposed Undergrounding District"). Attached hereto as Exhibit 2 is the proposed boundary map for the Proposed Undergrounding District. Pursuant to the attached certificate from the Town Clerk, more than five property owners owning lands constituting more than one-half of the area of all assessable lands within the Proposed Undergrounding District have signed petitions as required by State law. In addition, the Town Engineer has determined that property owners of more than the 60% of the parcels to be included in the Proposed Undergrounding District, as required by the Town's policy, have signed petitions requesting that the Proposed Undergrounding District be formed. The Town Clerk's certificate is attached as Exhibit 3. In addition, attached hereto as Exhibit 4 is the Town's policy for forming underground assessment districts. The Proposed Undergrounding District involves the designation of a contiguous area within which includes all parcels will specially benefit from the construction of specific public improvements. The request for the Council's initiation of special assessment proceedings is made in accordance with the Municipal Improvement Act of 1913, and further requests that OAK#4844-8871-4556 v1 bonds be sold to finance the improvements in accordance with the Improvement Bond Act of 1915. The bonds would be secured by assessments levied on the parcels within the Proposed Undergrounding District, which would be paid by the parcel owners as part of their property tax bills over a period not to exceed 30 years. As part of proceeding with the Proposed Undergrounding District, it is necessary for the Town to appoint a District Engineer and Bond Counsel. The District Engineer will have responsibility to prepare a report regarding the Proposed Undergrounding District which will include the plans and specifications for the improvements and the portion of the costs that represent a general benefit and the portion of the costs that represent a direct and special benefit to each of the parcels within the Proposed Undergrounding District. The Town requested proposals for engineering and assessment services and received four responses. Upon reviewing the responses and conducting interviews, staff concluded that Harris & Associates ("Harris") should serve as the Town's District Engineer for this Proposed Undergrounding District. The Town obtained a preliminary cost estimate from Harris to provide the services outlined in the Town's policy, and Harris estimated the costs of providing the services in order to proceed with a vote on the Proposed Undergrounding District to be $109,855. The Town has received deposits from some of the petitioners in the amount of$151,000, and Harris's work will be paid by these deposits. In regards to appointing Bond Counsel, the Town's policy describes several responsibilities for the Bond Counsel. First, Bond Counsel must direct all legal proceedings to establish the Proposed Undergrounding District. Second, Bond Counsel must provide advisory services to all interested property owners within the Proposed Undergrounding District about the assessment process and their rights and responsibilities. The Town Attorney obtained several proposals from certain law firms specializing in municipal public financing, and those firms uniformly would not agree to provide the advisory services required under the Town's policy because of a perceived conflict of interest with representing the Town while also advising the property owners of any district. In order to satisfy this potential conflict of interest concern, the Town was able to obtain the services of Sam Sperry who has previously assisted the Town with legal services. Mr. Sperry has agreed to provide the limited services stated in the Town's policy to advise the property owners about their rights and responsibilities. In addition to Mr. Sperry's advisory Bond Counsel services, Town staff recommends the retention of Bob Whalen with Stradling, Yocca, Carlson& Rauth to provide Bond Counsel services to the Town. Mr. Whalen has assisted the Town in its review of the legal sufficiency of the petitions for the Proposed Undergrounding District, and will continue overseeing the formation process so that the Town complies with all statutory requirements while moving forward with the formation of the Proposed Undergrounding District. In order to move forward, the Council must adopt the attached resolution that 1) Approves the preliminary boundary map, 2) Designates Harris & Associates as Assessment Engineer, 3) Directs the preparation of the Engineer's Report, and 4) Appoints Sam Sperry and Stradling, Yocca, Carlson& Rauth as Bond Counsel. When the Engineer's Report is completed, the Council will establish the date for a public meeting at which Council will be asked to preliminarily approve the Engineer's Report and set a date for a public hearing on the proposed assessments and for the delivery of ballots by property owners. OAK#4844-8871-4556 v1 It should be noted that all of the actions scheduled at this meeting are preliminary and do not commit the Council to the formation of the Proposed Undergrounding District. RECOMMENDATION Staff recommends that the Town Council adopt the attached Resolution(Exhibit 5). EXHIBITS 1. Powerpoint from December 12,2016 meeting 2. Proposed Boundary Map for Proposed Undergrounding District 3. Town Clerk's Certificate 4. Town of Tiburon Undergrounding Policy 5. Resolution Prepared By: OAK#4844-8871-4556 v1 f y, �a'�'•s�v S �,�Ag �� f 2 �� ti 8 a E�� 7 1 's :_. v r f:. r 3 S Wys ( `>.IMBI TIC)® . ,:. Agh WWI Proponents have submitted 83 petitions , a sufficient number to satisfy both State Law and Town Policy. • State Law: More than five property owners, representing greater than 50% of the land area of the proposed district. Submitted petitions represent 50. 18% • Town Po Petitions representing more than 60% of the parcels. Submitted petitions represent 68.8% Proponents have also submitted $151K in subscription deposits • Proposed district comprised of 121 parcels • Includes parcels on Rock Hill Drive, Hawthorne Drive , Hillary Drive , Hilary Court, Del Mar Drive, Tiburon Boulevard , Palmer Court and Mara Vista Court. • In addition to residences , the proposed district includes Saint Hillary's Church/School , Belvedere Tennis Club , and the Community Congregational Church of Tiburon . D IN #.sa'e a+ aars.Rri.�Ra IF F i " Nkvtymt w OL►O t d c v E • TTT -IT R e a+r as� ` .. T aaj In � • C IT it j ITII -aUff tr a i R i ( � t I IR I � a, 6 ,R1400, ft 3 S RR fIiNR'a s� +. j HIM*"A Fi iaTrf �� � � 1 .,J .� 1 t } .a, ,r i2 (-'. n{e'.s,,: L 4. � a 1 v ) t \ .2"t'f ,':�4 £.Ed, '>�' ,. ,^i.• r '\.spry z"". c '�, �:; .;-:. •sr. r 4, X�,a c:- .5^z � "z !i r 't �.{-. 2) F� t ) S ✓ �3 �`a e o,% S''� 3� h s � �����> r�� �� Si� d _yyv .•`~ S' tt � , { C r , ,s. ,!" YS ... ,,.,,. ".. .� .: ,fi.. ., ,.\.�: rL r.,., ,.. .+, < :.,.,., .G,s ..,s- 4:a s ,^cs' z .;:: ✓., ) ,:., � r „ .,. z,. .':w. ,.. .mss �v,a.» ,„�..:.v.., 4.�n:, u., ,,.�&.�„ «.zs.,wa, t �,,..»..a.�~�, �:..a..�4,✓`n� ..�ha,�<:'z�.s ?.. s. 6 � ? R / . • �, s , :- .. ;� � - < . , � - fir ` , : ' • , ,, ; � 1 ( i / Declares intent to form the Assessment District • Appoints Bond Counsel (s) • Approves preliminary District Boundary Map • Appoints District Engineer and directs District Engineer to prepare Engineers Report Expenses associated with these actions paid by subscription deposits ($151K) • Provides a preliminary estimate of total project cost • Determines the `special benefit' provided to each parcel , which is the basis for the assessment on each parcel • Determines the `General Benefit' provided by the project, which cannot be included in the assessment • Property owners will also be responsible for cost of the `lateral' connection to their homes t 4y u • Proposed District Engineer's initial estimate of total project cost = $8 .4M — Estimate includes $ 1 . 05M in construction contingency, or 25% of the estimated construction cost — Estimates general benefit could be 10-15% of total project cost Regarding the cost of undergrounding projects , Town Policy states : Unless contributions are available from other sources, property owners should know that 100% of the cost of the underground project will be borne by the property owners in the district. If available, funds from PG&E and other utilities will be applied to help reduce the costs, but there is no assurance of such availability. W4111113111 WS PG&E Rule 20A funds • 1 . 5% tariff on utility payments, approximately $30K/year • Tiburon Boulevard U/G project in design phase at PG&E (Lyford to Ned's Way) • Will use approximately $875K of Rule 20a funds , includes `borrowing ' funds based on 5 year look forward • Will also use an additional $400K of General Fund Reserves ( Rule 20B) In 2005 , Council unanimously voted to : Confirm that Tiburon Boulevard continues to be the Town 's Rule 20A funding priority and that the next project priorities would be (a) Mar West to Ned's Way ,(b) Ned's Way to San Rafael Avenue, and (c) Reed Ranch Road to Trestle Glen Boulevard. Designate Trestle Glen Boulevard (Tiburon Boulevard to Paradise Drive) as the next priority after Tiburon Boulevard. Prior assessment district projects : • Engineers Report did not identify any General Benefit in prior projects • Town has not contributed General Fund money to prior projects • Exception is Del Mar, General Fund paid : — Litigation cost + settlement ($ 1 . 14M ) — Supplemental assessment for RUSID and plaintiffs ($220K) • How is General Benefit funded? • How is the completion of biddable set of Plans and Specifications funded (Estimated at $407K)? — This expense is reimbursed by bonds if project is completed — Expense is not recoverable if project is abandoned after expense is incurred x' tr n � � a is nr. .G , H >®a is�mrasx m er LEGEND: D0 ��I PG&E TRANSFORMER 1i � � 168 PG&E SPLICE VAULT 4 ' HAWTHORNE UNDERGROUND j166 -, DISTRICT BOUNDARY PG&E No 3 Box 94) AT&T T4 VAULT �`• ! / --- — - -- �� ® COMCAST B48 BOX I STREETLIGHT 160G I EX. 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DATE BY . THESE ORAW Ncs AND SPECIFICATIONS ARE THE'ROPER' DRAWx�' S5OE0 D ANYNocTHERw"aroAK THE ENGINEER AND E-NOT RE USED ON AP wTEMAR 2016 i TOWN OF TIBURON DPAW1NC- SIGN DND FIEUT DIHALLMENSIEPT BY WRITTEN ONS 5RECEDENCE WER S�`NED 6Y Harris & Associates HAWTHORNE UNDERGROUNDING PROPOSED BOUNDARY MAP scucoE o —SIGNS AND E ElD DIMENSIONS w+u DE vER nED LG De NO. °so*GEo"TrE EN'„ER RP R roSTM BE BROUGHT woaK `N"KE°�"RG • -� i DISTRICT NOVEMBER 15, 2016 zxx-xxxx.xx SHEET Of CERTIFICATE OF TOWN CLERK AS TO THE SUFFICIENCY OF PETITIONS FOR TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) I, Lea Stefani, Town Clerk of the Town of Tiburon, do hereby certify that I have examined the petitions submitted by the owners of certain parcels of land within the proposed Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the "District"). In accordance with Streets & Highways Code Section 5896.7 I have checked the petitions submitted to me and determined that petitions have been submitted by more than five owners of assessable land within the proposed District, as shown on the last equalized assessment roll, who own lands constituting more than one-half of the area of all assessable lands within the proposed District. Dated this 7th day of December,2016. 7 Lea Stefani Town Clerk of the Town of Tiburon A ¢"ITNO ; f C-1 TOWN OF TIBURON POLICY & PROCEDURES FOR THE FORMATION OF UTILITY UNDERGROUNDING ASSESSMENT DISTRICTS Town Policy The Town of Tiburon strongly supports the undergrounding of overhead utility wires and poles(see Town Council Resolution No. 2996, adopted February 2, 1994). Undergrounding of overhead utilities improves public safety under fire, earthquake and high wind conditions; reduces utility company maintenance costs for tree trimming to maintain overhead lines and equipment;and results in improved visual characteristics. General Overview These policies describe the basic considerations and actions required to relocate and to finance such relocation of overhead utility lines underground. The policies are provided to guide property owners in achieving undergrounding of utilities in their neighborhoods and to help the Town Council,Town Staff and Town consultants in assisting in such efforts. Specific figures regarding estimated costs for undertaking this effort and ultimately implementing a specific project are not presented herein since they vary depending on the size, location of the proposed district and economic factors. A separate Frequently Asked Questions brochure(available at Town Hall or at www.tiburon.org)may provide a range of answers to those types of specific non-policy questions. The procedures, events and steps described below are governed by California State law and guidelines of California Public Utilities Commission(regulating the Pacific Gas&Electric Company (PG&E)and other utilities)about the physical and financial requirements for utility undergrounding projects.The Town must comply with these laws and regulations while taking appropriate actions to coordinate the project from its inception to its completion. To provide for financing and to enforce connections to the underground system,the undergrounding districts will be special assessment districts established by the Town under State law. Unless contributions are available from other sources,property owners should know that 100%of the cost of the underground project will be borne by the property owners in the district.If available,funds from PG&E and other utilities will be applied to help reduce the costs, but there is no assurance of such availability. The proponents of a proposed district must submit a written petition to the Town showing the support by owners of at least 60% of all of the parcels in the prospective district. The Town will supply examples of petitions and instructions on its signing. Along with the petition,the required -,"HI ® Zf subscription deposit for district formation costs (see discussion below) and an informal boundary map showing the parcels proposed to be included must be provided. Upon receipt of a satisfactory petition, deposit and informal map, the Town will begin the process of district formation. The Town will retain the District Engineer for the assessment district,along with Bond Counsel and the bond Underwriter. The District Engineer (with the assistance of Town staff and bond Underwriter) will prepare an estimate of all of the costs of the project. Those costs will include construction cost estimates(based on information from the utilities)and an allowance for the Town's administrative costs calculated to reimburse the Town for the work of Town staff on the project and bond issuance costs and deduct any possible contributions. An Advisory Services fund is also established to allow project proponents and opponents to obtain legal advice and information from the Bond Counsel regarding the assessment process and their rights and responsibilities. That net cost will be apportioned or"assessed" to each of the parcels in the district based on how each parcel is specially benefited from the undergrounding work.Under Proposition 218,the District Engineer is responsible for defining the special benefit each parcel receives and may take into account a variety of factors in defining that benefit. The method of allocating special benefit may vary from district to district depending on the conditions of and the improvements needed for each such district. Under State law,the Town Council must hold a public hearing and conduct an assessment ballot to seek approval of the assessment part of the district. This approval requires an affirmative majority approval (based on dollars assessed) by property owners returning ballots. If approved, the Town may proceed with the assessment and the district. The assessment may then be paid in cash or allowed to"go to bond"or be financed at tax-exempt municipal bond rates for 20-25 years.Bonded assessments are collected on the County tax bill. The assessment is not a personal obligation of the property owner and it passes with the title to the property assessed, like regular taxes. The Bond Counsel and Underwriter prepare documents needed for the bonds. The costs of individual service connections to the underground facilities are borne by each property owner and are typically not included in the assessment. If possible, a small amount of bond funds may be available on a per-financing basis,at the request of property owners(first come-first served) to help finance connections. The actual amount available will depend on the size of the project and the estimated amount of bond financing available and will vary with each project. The entire process may take at least 12 to 24 months (assuming no legal actions/challenges). The duration of the process may also be affected by utility company financial conditions and staffing priorities. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 2 of 9 Procedural Events & Steps for District Formation This section outlines the process of forming a special assessment district for utility undergrounding in Tiburon. 1. Preliminary Meetings Interested Property Owners meet with Town Staff to discuss the process and procedures,and to have questions answered and concerns addressed.This would typically include representatives of the Department of Public Works and the Town Manager.The project proponents would also be encouraged to hold a neighborhood meeting to discuss the proposed project, solicit input, answer questions,etc.and schedule an informal presentation before the Town Council to solicit informal support for the proposed project. These are some of the most important steps in successfully creating a district. This document, along with the FAQ brochure should be distributed to all property owners whose participation is to be solicited.Proponents should also arrange a site walk with the prospective District Engineer to develop ballpark estimates of preliminary costs associated with creating the District.This will help refine the estimate of the total amount of subscription deposit funds that will be submitted to the Town along with petitions of interest as described below. 2. Petition of Interest Proponents of the proposed district circulate Petitions of Interest among all Property Owners of the prospective district. 3. Informal Boundary p As part of the Petition process,the Property Owner proponents prepare an informal boundary map showing the area proposed to be the district based upon the results of the circulated petition. The Town and District Engineer will review this map and may suggest changes, as required to satisfy utility companies' requirements and requests of other, adjacent Property Owners. Property Owner Proponents may wish to distribute the informal boundary map. Property Owner Proponents may also request a `boundary walk' with the affected utility companies to better refine the project boundary. It should be noted that the utility companies (particularly PG&E) may require a deposit before they will attend a boundary walk. 4. Subscription Deposits When obtaining Petitions, Property Owner Proponents should also raise subscription deposit funds for preliminary design engineering and construction cost estimates and legal advisory services. Funding must be sufficient to secure engineering cost estimates from electric, telephone, and the cable franchise provider and to pay the advance costs required to retain the District Engineer. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 3 of 9 The District Engineer will prepare complete technical plans and drawings for review by the utilities, and establish final cost estimates for the construction bidding process. Plans must contain detailed information on trench size and location,and the location of equipment within the trenches. Such drawings are usually ordered and directed by the District Engineer. Such costs may range from$900 to$1,700 per Property Owner Proponent and will depend on the size of the district, complexity of the project, the costs for the preliminary services required to establish the district.. Recently, PG&E and SBC (formerly Pacific Bell) have required full deposits up front before they will proceed with engineering support for a proposed district.The utility companies develop engineering drawings and technical specifications for design of their particular underground facilities, which are then incorporated into composite drawings by the District Engineer. It is the composite drawings which are ultimately used for construction bidding purposes. If the district is formed and issues bonds, it will refund or credit these funds to the Property Owner Proponents in proportion to their contributions. As further described in the following section,the Property Owner Proponents are also required to raise funds for Legal Advisory services. In accordance with a recently adopted Settlement Agreement, this amount is to be $100 per Property Owner Proponent, up to a maximum of $10,000 for the entire district. Accordingly,the total subscription deposit necessary to form an assessment district may range between$1,000 and$1,800 per Property Owner Proponent.If for any reason,the district is not formed, and/or fails to issue the bonds, the Property Owner Proponents will receive only the amount of their contributions that have not been spent. 5. Filing-the Petition of Interest, Subscription Deposit and Boundary Map The Petitions may be submitted to the Town when Property Owners representing at least 60% of the total number of parcels to in the proposed district have signed and the Subscription Deposits(see above)and the informal boundary map are ready. Staff will check the Petition to be sure that there the necessary signatures from the required percentage of properties and that the Subscription Deposit and boundary map are in order. 6. First Council Meeting-Resolution of Intention At the first Council meeting, the Council adopts the Resolution of Intention to Make Acquisitions and Improvements which formally begins the assessment process. 7. Consultants With the Resolution of Intention,the Town will appoint:Bond Counsel,the District Engineer, and the Underwriter. The District Engineer prepares the estimates of costs, the proposed assessment of the costs to each parcel in the district, the formal maps of the district and the plans and specifications for the construction work. The plans may be preliminary at this stage. In accordance with State law, the assessment of costs to each parcel in the district will be Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 4 of 9 developed by an analysis of the special benefit that each property owner receives from the improvements funded by the assessment. All of the above information is summarized in the "Engineer's Report" for the district. The Underwriter is responsible for helping to estimate the costs of the bonds and in pricing, selling and delivering the bonds to the bond market. The Underwriter is paid only from the bond issue and only if bonds are issued. Bond Counsel directs all legal proceedings to establish the district including Council resolutions,notices,forms of documents and instructions,including the levy of the assessments and issuance of bonds. Except for the Advisory Services to Property Owners below, Bond Counsel is paid only if the bonds are actually issued. Bond Counsel also provides advice and information(the"Advisory Services")to all interested Property Owners within the proposed district(whether they support or oppose the project)about the assessment process and their rights and responsibilities. ■ All Property Owners shall be provided with notice of their right to meet with Bond Counsel, and this notice shall include written materials that describe the assessment process and their rights and opportunities to be heard during the process. ® Bond Counsel shall hold at least 2 meetings for the purpose of advising the Property Owners: The 1St meeting as soon as practicable following Town appointment of Bond Counsel and the 2nd second meeting shall be held before Town Council votes to preliminarily adopt the Engineer's Report for the district. ■ To the extent that Advisory Funds are available, Bond Counsel shall be available to provide brief follow-up telephone consultation to affected Property Owners. ■ In the event the Advisory Fund is insufficient to provide all of the Advisory Services described in this section, Bond Counsel shall provide Advisory Services in the following order of priority: (1)written materials describing the process; (2) meeting with Property Owners prior to adoption of the draft Engineer's Report; (3) meeting following retention of Bond Counsel; and (4) telephone consultation. ■ The Town Attorney has sole discretion to supervise Bond Counsel's provision of Advisory Services to ensure,so far as practicable,that such services are fairly allocated between all affected Property Owners. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 5 of 9 8. Second Council Meeting-Preliminary pproval The District Engineer prepares and files the following items with the Town Clerk: ■ The Engineer's Report containing estimates of total assessment district costs,including costs for District Engineer, utility company engineering, Bond Counsel, Underwriter Advisory Fund, construction contract and Town administration. Construction cost estimates will include a breakdown of each property owner's individual service connection cost. ■ Map of Proposed Boundaries and Assessment Diagram for the district ■ Plans& Specifications for Project, The Town Council adopts: ■ Resolution Preliminarily Approving District Formation/Boundary Map, Engineer's Report, and Directing Actions with Respect Thereto; and ■ Resolution Approving Plans and Specifications and Calling for Bids for Construction (If the plans and specifications are still preliminary,this step may be deferred until after the Assessment District is officially formed and the final plans are prepared by the District Engineer). 9. After Second Council Meeting Immediately following the Second Council Meeting,the Town Clerk, in coordination with the District Engineer and Bond Counsel, takes the following actions: ■ Mails Notices of Proposed Assessments and Ballots to Property Owners at least 45 days prior to the Public Hearing; ■ Records Map of Proposed Boundaries of the District; and ■ Coordinates publication of call for construction bids (if appropriate). 10. Informational Workshop In the 45-day period after Item 9, Town Staff and the consultants hold a Workshop about the project and the proposed financing. 11. Construction Bids Under the State Public Contract Code and the Chapter 3A of the Tiburon Municipal Code, Town solicits contractor bids for construction. Typically, the bid period is 30 days, with bids received about two weeks before the public hearing and ballot. After the bid opening, the District Engineer and Town Staff determine the lowest responsible bid and adjust the proposed assessments if warranted.This step may be deferred until after Item 17 if preliminary plans and specifications are used for district formation. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 6 of 9 12. Third Council Meeting-Public Hearing and Ballot At a Council meeting held at least 45 days following mailing of the Notice of Proposed Assessments, the Town Council will: ■ Hold a public hearing to solicit any comments for or against the assessment ■ Close the public hearing and call for the tabulation of ballots The Town Clerk opens and counts ballots. Ballots are weighted on dollars assessed (for example, if all assessments are the same,each property owner has one vote). Only valid ballots actually received by the end of the hearing are counted. Unsigned, unreadable or unmarked ballots are not valid. If more than 50 percent of the ballots cast are against, the proceedings must be abandoned. If a majority approving vote is received, and the Council concurs, Council then adopts: Resolution Adopting Engineer's Report,Confirming Assessments and Directing Actions with Respect Thereto This resolution levies the assessment and directs recordings and filings for the assessment lien and directs the cash payment period. This resolution also has provisions establishing completion time requirements for individual service connections. 13. Immediately After 12 above: The Town Clerk, District Engineer and Bond Counsel, takes the following actions: ■ Files and Records Assessments,Notices of Assessment and Assessment Diagram; ■ Publishes Notice to Pay Assessments; and ■ Mails Notices to Pay Assessment to each Property Owners (include the deadline date for completing individual service connections). 14. Cash Payment Period Property Owners have a minimum 30-day period to pay cash for their assessments or any portion. At the end of the 30-day period,the exact amount of bonds to be issued is determined based on the remaining, unpaid assessments. After the cash payment period: ■ The Administrative Services Director completes the List of Unpaid Assessments; and ■ The Bond Purchase Agreement and Preliminary Official Statement are filed with the Town Clerk. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 7 of 9 Property Owners must also decide whether to contract with the Contractor performing the District work or hire their own contractor to perform individual service connection work on their property. 15. Fourth Council Meeting Bonds At a Town Council Meeting after Item No. 14 above, Town Council adopts: ■ Resolution Authorizing Issuance of Bonds; and ■ Resolution Authorizing Execution of the Construction Contract. This step may be deferred until after Item 17 if preliminary plans and specifications need to be finalized by the District Engineer. 16. After Item 15 The Administrative Services Director and Underwriter price the bond issue, and the Town executes the following: ■ Bond Purchase Agreement(sells bonds); and ■ Preliminary Official Statement (describes bonds for market) 17. Bond Closing Approximately 2 weeks after Item 16, the bonds are delivered to Underwriter in exchange for the purchase price under the Bond Purchase Agreement. This, along with the cash payments, provides the funds for to pay for the underground project and its related costs. 18. Execution of Construction Contract The Town executes the Construction Contract with the selected bidder. Construction work would typically commence within a few weeks of contract execution. Town staff makes progress payments to the Contractor as with any public works contract. Construction duration will depend on the size and complexity of the project, but typically lasts 60 to 90 days. 19. Utility Coordination Upon completion of construction, the Town coordinates with the utilities to connect all properties to the new underground system. This process may take several weeks or more depending on the scheduling requirements of each utility company. Each property owner is responsible for connecting his or her property to the newly undergrounded facilities. The Town's contractor is usually required to offer service connection work at established costs. However, each owner may chose his or her own contractor or other provider for the individual service connection work. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 8 of 9 20. Work Completed After all connections are completed,the utilities will remove the overhead system. Town pays final bills and costs, including any remaining legal and administrative costs incurred by the Town for the project. If there is any surplus remaining,the Council may take action to provide any further improvements needed to complete the project and/or distribute any surplus as provided by law. Policy&Procedures for the Formation of Utility Undergrounding Assessment Districts Page 9 of 9 RESOLUTION NO. xx-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON, CALIFORNIA, DECLARING ITS INTENTION TO TAKE PROCEEDINGS PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND TO ISSUE BONDS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 TO UNDERGROUND ALL EXISTING OVERHEAD UTILITY FACILITIES WITHIN THE BOUNDARIES OF THE PROPOSED TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-1 (HAWTHORNE UNDERGROUNDING DISTRICT) AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the Town Council of the Town of Tiburon (the "Town") has previously adopted Town Council Resolution No. 2996 supporting the undergrounding of overhead utility wires and poles and has adopted Policy and Procedures for the Formation of Utility Undergrounding Assessment Districts (the "Policies"); and WHEREAS, in accordance with the Policies, the owners of certain parcels of land have submitted petitions (the "Petitions")to the Town requesting the formation of an assessment district in order to underground all of the overhead utility wires, poles and other facilities providing utility service to the area within the proposed assessment district; and WHEREAS, the Town Clerk has reviewed the Petitions and in accordance with Streets and Highways Code Section 5896.7 has presented to the Town Council a certificate as to the sufficiency of the Petitions to the effect that petitions have been submitted by more than five owners of assessable land within the proposed assessment district, as shown on the last equalized assessment roll, who own lands constituting more than one-half of the area of all assessable lands within the proposed assessment district; and WHEREAS, the Town Engineer and Director of Public Works (the "Town Engineer") has reviewed the Petitions and determined that the Petitions show support for the proposed assessment district by the owners of at least sixty percent (60%) of the parcels within the proposed assessment district; and WHEREAS, the Town Council desires to adopt this resolution in accordance with the Policies and the provisions of Streets and Highways Code Section 10200, which is a part of the Municipal Improvement Act of 1913 (the "1913 Act"), declaring its intention to make acquisitions and improvements to underground all electric, telephone and cable facilities, remove poles, overhead wires, guys and anchors and complete appurtenant work thereto as further described in Section 3 hereof(the "Improvements") and to order the formation of an assessment district to pay the costs thereof under and pursuant to the provisions of the 1913 Act; and WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as the Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District) (the "Assessment District"); and al:: _s11,11I WHEREAS, the proposed boundaries of the Assessment District are shown on a map which indicates by a boundary line the extent of the territory proposed to be included in the Assessment District, which map has been prepared by Harris & Associates (the "Assessment Engineer") and designated "Town of Tiburon Hawthorne Undergrounding District Proposed Boundary Map" (the "Map"), which Map is on file in the office of the Town Clerk; and WHEREAS, the Town Engineer, with the assistance of the Assessment Engineer, is competent to make and file with the Town Clerk the report with regard to the Improvements, which report is required by the 1913 Act to be made and filed; and WHEREAS, the conversion of overhead electric utility distribution system facilities to underground, including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to undergrounding, is categorically exempt from the California Environmental Quality Act(Public Resources Code Section 21000 et seq.) ("CEQA") and its implementing guidelines (14 California Code of Regulations Section 15000 et seq.) (the "Guidelines")pursuant to Section 15302(d)of the Guidelines; and WHEREAS, in order to finance the cost of the Improvements the Town Council intends to consider issuing bonds secured by the assessments to be levied on property in the Assessment District pursuant to the Improvement Bond Act of 1915, being Division 10 (commencing with Section 8500) of the Streets and Highways Code (the "1915 Act"); and WHEREAS, before issuing bonds, the Town Council is required, under the 1915 Act, to adopt a resolution declaring its intention to do so; NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. In accordance with the Policies, the Town Council hereby appoints Harris & Associates as the Assessment Engineer and the firm of Stradling Yocca Carlson & Rauth, a Professional Corporation and Samuel Sperry as bond counsel for the Assessment District. SECTION 3. The Improvements generally include the undergrounding of existing electric, telephone and cable facilities, including the removal of poles, overhead wires, guys and anchors and the installation of new underground service connections and new streetlights and appurtenant work therewith within the area shown on the Map. The Map is hereby approved as the preliminary boundary Map for the Assessment District. The Improvements will be designed and constructed to the standards required by the Pacific Gas and Electric Company ("PG&E") and other utility providers. The Town will inspect the work to ensure conformance to Town standards and specifications where applicable. Once completed, the underground facilities will become the property and responsibility of PG&E and such other utility providers. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his property necessary to connect facilities constructed by the public utilities in the public streets to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work to be done by the Assessment District. Failure to convert individual service connections on private property may result in a recommendation to the Town Council that the public utilities be directed to discontinue service to that property or that other actions a6 be taken in accordance with applicable laws to convert such individual service connections. Overhead facilities cannot be removed until all overhead service has been discontinued. SECTION 4. The Town Council hereby finds and declares that the public interest and necessity require the acquisition and construction of the Improvements, and any portion of the costs of the Improvements to be assessed against parcels within the Assessment District will be of direct and special benefit to such parcels. The Town Council hereby declares its intention to order the conversion of the existing overhead electric and communication facilities to underground locations, and the acquisition of the Improvements, to make the expenses thereof chargeable upon the area included within the Assessment District, and to form the Assessment District. SECTION 5. The Town Council further declares its intention to levy a special assessment upon the land within the Assessment District in accordance with the respective special and direct benefit to be received by each parcel of land from the Improvements. SECTION 6. The Town Council finds and determines that before ordering the acquisition of the Improvements it shall take proceedings pursuant to the 1913 Act and pursuant to Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2960 et seq. (the "1931 Act"). SECTION 7. The Assessment Engineer is hereby authorized and directed to make and file with the Town Clerk a written report with regard to the 1913 Act (the "Report"), which Report shall comply with the requirements of Section 10204 and Section 2961 of the Streets and Highways Code and Article XIIID of the California Constitution and shall contain the following: (a) Plans and specifications for the Improvements; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the works, appliances or property are to be acquired as part of the Improvements; (c) An estimate of the cost of the Improvements, and the cost of land, rights of ways, easements, and incidental expenses in connection with the Improvements, including the cost of registering bonds, and a determination of the portion of the costs that represent a general benefit and the portion of the costs that represent a direct and special benefit to each of the parcels within the Assessment District; (d) A diagram showing the exterior boundaries of the Assessment District, the boundaries of any zones within the Assessment District and the lines and dimensions of each parcel of land within the Assessment District as they existed at the time of passage of this resolution (each subdivision to be given a separate number on the diagram); and (e) A proposed assessment of the total amount of the cost and expenses of the proposed Improvements that confer a direct and special benefit upon the several subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by such subdivision, respectively, from the Improvements (the assessment shall refer to the subdivisions by their respective numbers assigned as provided in (d) above). (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the Town and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. In addition, the Report shall contain the information required by the 1931 Act as set forth in Streets and Highways Code Section 2961(b), including: (a) The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than the proposed assessments to be levied with respect to the Assessment District, which would require an investigation and report under the 1931 Act against the total area proposed to be assessed; and (b) The total true value, as near as may be determined, of the parcels of land and improvements within the Assessment District which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the county. Alternatively, total true value may be determined by other reasonable means, including, but not limited to, by adjusting the value shown on the last equalized assessment roll to correct for deviations from market value due to Article XIIIA of the California Constitution. SECTION 8. Notice is hereby given that serial or term bonds to represent unpaid assessments and to bear interest at a rate not to exceed 12 percent per annum will be issued in the manner provided in the 1915 Act to represent the unpaid assessments and the last installment of such bonds shall mature a maximum of 30 years from the second day of September next succeeding 12 months from their date. The principal amount of such bonds maturing or becoming subject to mandatory prior redemption each year shall not be an amount equal to an even annual proportion of the aggregate principal amount of the bonds, but rather (except as specifically otherwise provided by the Town Council in connection with the sale of such bonds), shall be an amount which, when added to the amount of interest payable in each year, will be a sum which is substantially equal in each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Such bonds shall be serviced and collected by the Town Treasurer or by such registrar and/or paying agent(s) as this Town Council may from time to time designate. SECTION 9. Following the acquisition of the Improvements and the payment of all incidental expenses in connection with the formation of the Assessment District and the issuance of bonds pursuant to the 1915 Act, any surplus remaining in the improvement fund established for the Assessment District shall be used as determined by the Town Council as provided in Section 10427 of the Streets and Highways Code. SECTION 10. The provisions of Part 11.1 of the 1915 Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. SECTION 11. Except as specifically otherwise provided for herein, the Improvements shall be made and ordered pursuant to the provisions of the 1913 Act. SECTION 12. The Town Council hereby determines that the Town will not obligate itself to advance available funds from its treasury to cure any deficiency which may occur in the bond redemption fund established for the Assessment District. SECTION 13. The public interest will not be served by allowing the property owners to take any contract to be let for the construction of the Improvements, and no notice of award of contract shall be published. SECTION 14. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 (commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Town Council finds that all of the conditions specified in Section 9525 are satisfied and that the adjustments to assessments are on a pro rata basis, the Town Council may approve and confirm the report and any, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent (12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds; and the last installment of such bonds shall mature on such date as will be determined by the Town Council in the proceedings for such refunding. SECTION 15. It is in the public interest and more economical to do certain work on private property to eliminate any disparity in level or size between the Improvements and private property and to add the actual cost of such work to the assessment of the property to which such work was done; provided that no work of this nature shall be performed until and unless the written consent of the owner of property is first obtained. SECTION 16. Pursuant to Streets and Highways Code Section 10110, the Town intends to enter into agreements with PG&E and the other utility providers, and any agreement between the Town and PG&E, or any other public utility, for the ownership, management, or control of the underground electric, telephone and cable facilities to be installed in connection with the Improvements, would benefit any current or future residents of the Assessment District. SECTION 17. Pursuant to Section 15302(d) of the Guidelines, the undergrounding of the Improvements will have no significant effect on the environment and is categorically exempt from CEQA. The Town Clerk is directed to cause a notice of exemption to be posted as required by law. SECTION 18. The Town Council hereby waives the requirement in the Policies for the appointment at this time of an underwriter for the Assessment District (the "Underwriter") and determines that delaying the appointment of the Underwriter to a later date in the proceedings will not adversely affect the proceedings as the Town will be engaging a municipal advisor to assist it in estimating the costs of issuing the bonds for the Assessment District. SECTION 19. All inquiries for any and all information relating to these proceedings, including information relating to protest procedures, should be directed to: Greg Chanis Town Manager 1505 Tiburon Boulevard Tiburon, California 94920 (415) 435-7373 SECTION 20. This Resolution shall take effect immediately upon its passage. SECTION 21. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on January 4, 2017. JIM FRASER, Mayor ATTEST: LEA STEFANI, Town Clerk i Lea Stefani From: Greg Chanis I C,V'.N G hRlLLATE MAIL Sent: Monday, January 02(SAY �Ir3�ibv i�— #'All To: Robert Chandler Cc: Lea Stefani; Patrick Barnes Subject: RE: Council Meeting Scheduled Jan.4, '2017 Re: Undergrounding Utilities Dear Mr. Chandler, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding Project. Town Council will be provided a copy of your email prior to the meeting on Wednesday. Regards Greg Greg Chanis,Town Manager Town of Tibu'a-on 1505 Tiburon Boulcvard. Tiburon,CA 94920/(415)43.5-7383 From: Robert Chandler [maiIto:robertchandler33@comcast.net] Sent: Friday, December 30, 2016 10:02 PM To: Greg Chanis Subject: FW: Council Meeting Scheduled Jan.4, '2017 Re: Undergrounding Utilities Subject: Hawthorne Utility Undergrounding Assessment District Dear Mr. Chanis: Thank you for your letter dated 12-19-16. 1 have lived at 695 Hilary Drive 38 years. A/P#055-211-04. 1 raised my family here, became widowed here and remarried here. I am age 73 living on a pension. I do not have the money to pay for undergrounding of utility poles and wires. In addition, if the purpose of undergrounding is to improve homeowners views—my view would benefit very slightly. Trees block my view much more than utility poles and wires. If Hawthorne Terrace homeowners are unhappy with the utility poles, why did they buy their houses here in the first place?This is a mystery to me. In summary, if I were forced to pay for undergrounding, I would not be able to. I would have to sell my house of 38 years.We are against the undergrounding project. Please forward an e-mail copy of this letter to The Town Council members. Respectfully yours, Gloria B. Chandler Robert M. Chandler i Lea Stefai From: ��V������ Greg Sent: Monday, January U2. 28l73:I3PK4 �"'4 O'F"M-PURON To: Bruce Auld LTAEAIQW/0N Cc: LeoStefani� Pat/ickDarne� o�m �� Subject: RE: Hawthorne UndergruundingDistrict Dear Mr. and Mrs. Auld, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding Project. Town Council will be provided acopy ofyour correspondence prior tothe meeting onWednesday. Regards Greg Greg []xuuia,Town Manager Tox'nofTiburon ]5O5Tiburon Boulevard Ti6ur011,[A94920/(415)4]5'7]83 From: Bruce Auld Sent: Monday, January 02, 2017 3:05 PM To: Greg Chanis Subject: HuwthorneUnde»gnnunding District Greg, We are unable to attend the Town Council meeting on 04 Jan 2017, but do want to express our strong desire to see the resolution re the Hawthorne District under8rounding passed. Martha and Bruce Auld 7Palmer Court Tiburon, C4 l Lea Stefani ETV From: Alice Fredericks <alice@alicefredericks.net> JAN —3 2017 Sent: Tuesday,January 03, 2017 3:22 PM To: Lea Stefani Subject: FW: Undergrounding T(71NN TO (N O CSE K (7F TIBLii3ON MM A From:Carol Weiss<carolweiss37@vahoo.com> .�— Date:Tuesday,January 3, 2017 at 1:55 PM LATEIVAIL IFAI - To:Alice Fredericks<alice@alicefredericks.net> Subject: Re: Undergrounding Hawthorne Terrace Undergrounding Project: I object to this project. Carol Weiss * 415/302-7529 i LATE MAIL A l-� RE I E Lea Stefani 12- __J From: Greg Chanis AN _3 2017 Sent: Tuesday,January 03, 2017 2:48 PM _ To: Andrea Yelle TOV"'!IT��L�- 1 Cc: Lea Stefani TOWN!OF 11BU[0 Subject: RE: Letter in Support of Hawthorne Terrace Undergrounding District Dear Ms.Yelle, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting tomorrow evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon,CA 94920/(415)435-7383 From: Andrea Yelle [mailto:andreayelle(@me.com] Sent: Tuesday, January 03, 2017 2:35 PM To: Greg Chanis Subject: Letter in Support of Hawthorne Terrace Undergrounding District To Whom It May Concern: I am writing this letter in support of the formation of the Hawthorne Terrace Undergrounding District. My family has owned 705 Hilary Drive in Tiburon for 5o years. Our property is on the corner of Hilary and Rock Hill, and is at the apex for many of these wires that connect the neighborhood in both directions. Our property has been negatively impacted by these wires for many years. PGE, which has been tasked with maintaining the trees around the poles, have pruned them in such an unprofessional way,they have now become a hazard. My neighbors have asked to have all the trees removed, and I have complied. It is about time that we do the same with the power lines. These poles negatively impact everyone's property value, are a hazard and an eyesore. As a long term past and future resident of this community, I have seen major change approved throughout the town.This type of change is another step in the right direction for the future betterment of this town. I very much look forward to hearing about a positive outcome. Thank you for yourtime. Andrea Yelle/Owner-705 Hilary Drive andreayelleRme.com 415-367-5644(m) 1 Lea Stefani LATEMAIL #Al-2 R_ . I E From: Greg Chanis JAN ®3 2017 Sent: Tuesday,January 03, 2017 2:50 PM To: Jennifer Wang Cc: Lea StefaniT0�4��OF T_i[3U(�ON TOWTOWNCIE!:�K OF Subject: RE: Support for Hawthorne Terrace Undergrounding -OWN T Dear Ms. Wang and Mr.Anderson, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting tomorrow evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon,CA 94920/(415)435-7383 From: Jennifer Wang [ma iIto:jennifer@redwood-legaLcom] Sent: Tuesday, January 03, 2017 2:41 PM To: Greg Chanis Cc: Ashley B. Anderson Subject: Support for Hawthorne Terrace Undergrounding To the Town Council of Tiburon: We understand that there will be a meeting this week to consider forming the undergrounding district for the Hawthorne Terrace neighborhood. We are unable to attend this meeting due to our recently having had a baby, but we wanted to send an email to register our strong support for this effort in lieu of our mtg attendance. Thank you for your time and consideration and best wishes for a very happy 2017. Best regards, Jennifer Wang & Ash Anderson 40 Del Mar Drive Redwood Legal Group, P.C. Corporate I Litigation I Arbitration&Mediation 555 California Street,Suite 4925 San Francisco,CA 94104 t:415.500.3335 f:415.366.2174 Jennifer a,redwood-legal.com www.redwood-le ag l.com The in/ormouon roniained in this contnatnication is copjdrntial,to intended onlylor the uce o>thu rert)tient nlnneo/ahore.'111,1tuaV he k;gu//t povi/aged!,/rhe 1Ft;i/i'1oldua to so„e it net the tnt—n Ir11 r"riptvnr,.roll are hcr"br notified thur um'dixarminariun,di,en ibaiton 1,r ropvm;o/do,I onnnun"Won is snrie1/1 prldtiha"d- 1/rou hut: rrr;ii'rd thin'rnimmm�aliun ir;et rnr,I>leae t<ernd thi+runnnmucutim to the.crudro rm<1 rl<•lelr t e'ori,einal nr- ur(lilt lour rouipru"r IRS('li2('t /.:IR.'3U/)/ti'( LU.A'J rHl::l'to'nunt u,7 i'u,xrr Re,tdnnrnt,c,am tae a'h'ic,I ontaill"d m thn 1'111IItNINII, lion(111(/mhng aur Will,hnt"nn)11 1114 ilia-nd'al or urinen to hr u"d.nn'/ .tUlnot he used lir rclmd 1,pon hr vou or am olher person.Jilt the)trvrpnse o/(/)arotdin"'�pcna/lics under die,Intern<d Rei cline Code,or(ii)proutonng,marketing o) to anudtcr i,arnurn-lac lot 1,C,ud h,,:"'d herr.in.Plectv<•(011/0'1 a ntr:mhwr n/the firm i/i oil)"'pol mal.v)iraat ta.c opinion that solt'lwe a thle IIN reyun ement.r. 1 Lea Stefani LATE MAIL #AI -Z. I From: Greg Chanis JAN _3 2011 Sent: Tuesday,January 03, 2017 3:10 PM To: Jane Young Cc: Lea Stefani TOWN OLFRK Subject: RE: Hawthorne undergrounding TOWN OF TO!DQN Dear Mr. and Mrs.Young, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting tomorrow evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From:Jane Young [mailto:gdfiane@aol.com] Sent:Tuesday,January 03, 2017 3:03 PM To: Greg Chanis Subject: Hawthorne undergrounding We attended the meeting in December and are strong supporters of the under grounding district. We hope the meeting goes as well as the December meeting did for the supporters. We cannot be there tonight. Sincerely, Jane and Don Young 673 Hawthorne Drive i Lea Stefani "2 LATE MAIIYF From: Greg Chanis `� N -'3 2017 Sent: Tuesday,January 03, 2017 3:33 PM To: Kathy Scollin TOWN C-T Cc: Lea Stefani TOWN OF TI URON Subject: RE: Undergrounding hearing Wednesday 1/4 Dear Mr. and Mrs.Scolin, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting tomorrow evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Kathy Scollin [mailto:krscollin@comcast.net] Sent:Tuesday,January 03, 2017 3:29 PM To: Greg Chanis Subject: Undergrounding hearing Wednesday 1/4 My husband and I are sick and unable to attend this hearing but we wish to confirm that we are strongly in favor of undergrounding in our area (Rock Hill). This is needed for safety and the impact the poles and wires have on our views. Kathy and Bruce Scollin 154 Rock Hill Sent from my iPhone 1 LATE MAIL Lea Stefani #A)-2— -E ► I D From: Greg Chanis 4.11N _4 2017 Sent: Wednesday,January 04, 2017 8:25 AM To: Ory Shirazi Cc: Lea Stefani TOUVN CLEf?K TOWN Subject: RE: Hawthorne Terrace undergrounding 0F TIBURON Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting tomorrow evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Ory Shirazi [mailto:orydesigns@yahoo.com] Sent:Tuesday,January 03, 2017 4:17 PM To: Greg Chanis Cc: Kami Shirazi; Kenneth Weil; sklein1234@gmail.com Subject: Hawthorne Terrace undergrounding To whom it may concern: We are in full support of the under-grounding project in Hawthorne Terrace and sadly can not make it to the January 4th meeting. Our information is as per below: Kamran Shirazi and Oranous Ebrahimi 3 Rockhill Drive The Shirazi's Sent from my iPhone 1 Lea Stefani From: Greg Chanis Sent: Wednesday,January 04, 2017 1:17 PM To: Lea Stefani Subject: FW: Hawthorne Undergrounding Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Arif Fazal [mailto:fazal arif@vahoo.com] Sent:Tuesday,January 03, 2017 10:02 PM To: Greg Chanis Cc: Arif Fazal Subject: Hawthorne Undergrounding Hello Town of Tiburon, Unfortunately I cannot attend the Wednesday evening town counsel as I'm out of the country returning next week but I wanted to send a note of STRONG SUPPORT for the Hawthorne Undergrounding project. It's time our neighborhood stepped into the clean and safe first world that we live in, alongside much of our neighboring Tiburon and Belvedere! Cheers, Arif 25 Mara Vista Ct i RE VED Lea Stefani #AlwlE, R 11 I From: Greg Chanis JAN ®4 2017 Sent: Wednesday,January 04, 2017 8:28 AM To: Tracey Turner Cc: Lea Stefani TOWN CLERK Subject: RE: Support for the formation of the Undergrounding Di TOWN OF TIBURON Dear Mr. and Mrs.Turner, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting this evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From:Tracey Turner[mailto:traceyturner@gmail.com] Sent:Wednesday,January 04, 2017 8:11 AM To: Greg Chanis Cc: Erin and Michael Tollini; Kenneth Weil; Elena Stephens;Jack Ryan;Jonathan Turner Subject: Support for the formation of the Undergrounding District Town Council, Unfortunately we are out of town and cannot attend the Town Council meeting tonight, but we want to express our wholehearted and vigorous support of the formation of the Undergrounding District in the Rock Hill Rd neighborhood. We live with a transformer extremely close to my 7 year old daughter's bedroom, which is both a health risk for a small child and a safety risk for all three of our small children that worries us every day. We also feel strongly that in 2017, there is no rational reason for dangerous and unsightly wires to plague our town. This is good for Tiburon,good for home owners, good for home values, good for our people's health,good our people's safety and good for our children. We do appreciate the financial burden this could place on some families, but have also studied the methods of assessment,the spreading of payments over 30 years,the home value increases and the discounts for senior citizens and strongly believe this is good for all. Those who disagree don't seem to fully understand the cost/benefit analysis. We also want to applaud the extraordinarily professional and responsible approach Ken, Elena,Jack and Sarah have taken to this project. We are immensely lucky to have them leading this effort, spending a massive number of volunteer hours on this important project to the benefit of us all. If we had to pay for this valuable work, it would certainly be in the hundreds of thousands of dollars. But it is the high quality, professionalism and thoughtfulness with which they have approached the project for which we should be most deeply appreciative. Thanks very much for your support of such a worthy, important project for our town. 1 Tracey and Jonathan Turner(Somerset 7,Tristan 5, Lachlan 3) 3 Palmer Ct Tiburon CA 94920 415-595-5582 2 P11 IFFN Lea Stefani LKf E MAIL #A 1-2- REUEIV_,_ From: Greg Chanis JAN `4 2017 Sent: Wednesday,January 04, 2017 9:52 AM To: Steven Bendinelli TO IN ff GLFIRK Cc: Lea Stefani TOWN OF TIBURON Subject: RE: Support for Under-Grounding of St Hilary's neighborhoo Dear Mr. and Mrs. Bendinelli, Thank you for your email regarding the proposed Hawthorne Utility Undergrounding District. Members of the Town Council will be provided a copy of your email prior to their meeting this evening. Regards Greg Chanis Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Steven Bendinelli [mailto:steve.bendinelli@sbcglobal.net] Sent: Wednesday,January 04, 2017 9:32 AM To: Greg Chanis Cc: Deb Bendinelli Subject: Support for Under-Grounding of St Hilary's neighborhood To our Town Administrators, We would like to let you know that we are fully in support of the proposed plans to form an association for our neighborhood and to proceed through the process of putting all our utility lines underground. We believe this will be a dramatic improvement to our neighborhood, not only for our property values, but our collective views as well. We would love to see this project move forward and be completed as soon as possible. Thanks for your consideration! Best Regards, Steve & Deb Bendinelli 735 Hilary Drive Tiburon, CA 94920 Steve.Bendinelli@sbcglobal.net Business Cell-(415) 320-5842 Home Business Line- (415)789-0457 1 Lea Stefani ' v;c j' j` .a� From: Greg Chanis JAN _4 2017 Sent: Wednesday,January 04, 2017 10:23 AM To: (Tiburon POST) Park Allen TOWN UT Cc: Lea Stefani TQWN OF TIBUF{QN Subject: RE: Hawthorne Terrace Neighborhood Undergrounding Park, Thanks for your email regarding the proposed Hawthorne utility Undergrounding District, Councilmembers will be provided a copy prior to the meeting this evening Regards Greg Greg Chanis,Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920/(415)435-7383 -----Original Message----- From: Parkallen [mailto:parkallen@gmail.com] Sent: Wednesday,January 04, 2017 10:04 AM To: Greg Chanis Cc: Christina Goebel Subject: Hawthorne Terrace Neighborhood Undergrounding Greetings Council, and happiest of New Years! My wife Christina and I wholeheartedly support the undergrounding project that is again coming before you tonight.The reasons are clear: * it's safer than poles and wires * easier and less expensive to maintain * aesthetically far better looking My apologies for not being able to be in attendance tonight-we are out of town taking advantage of the RUSD vacation schedule. I understand that there will be both support and opposition for the undergrounding presented tonight. Many in opposition include those on fixed income and I am deeply empathetic as there will be personal cost associated with this project. But we feel that the benefits far outweigh the costs.And for those on fixed incomes-there are solutions including reverse mortgages and requesting to defer any property tax increases to the next owners. I do want to point out that the neighborhood continues to evolve-those on fixed incomes continue to move out(to their great financial benefit for they often bought their homes at far less than what they're selling them for)and new families are investing in our neighborhood and value improved infrastructure, safety, and aesthetics. 1 The bottom line is that progress must continue.Just as our predecessor neighbors enjoyed new homes and infrastructure when they moved their families in during the 50's and 60's, we would like new, safe infrastructure for our families. Progress in the form of this undergrounding project improves the lives dramatically for our neighborhood. I hope you will maintain your decision from the last time you heard this proposal and keep the project moving forward. Thank you, Park Allen &Christina Goebel 699 Hilary Drive 2 ' Gei vCd C& r- William J. McKee 311 Paradise Drive Tiburon, California, 94920 415-435-4864 bbmckee1 msn.con-t Town Of Tiburon, Caliornia 1/4/2017 Dist: Town Mayor Town Council Town Counsel Chief of Police National Rifle Association, Legislative Action Committee Greetings; I just have seen the ARK periodical and it mentioned the new town statute concerning firearms. It appears that his has been on the books now for quite a few months and is now in effect. I am a life member of the National Rifle Association, ex-military, and affirmed Patriot. I was a sworn boarding officer in the Coast Guard as well as working for interdiction of smuggling and drug trafficking during my service. I am not one to dispute the legal system in our country until I encounter the flagrant tyrannical, overreaching and, despotic, petty, and thoughtless attempts of educated � in trying to draft meaningful rules and laws for which they either cannot or have not taken the time to realize what they originally wished to accomplish and then how to proceed in order to succeed. If your new "Law" indeed states that all firearms within a citizens residence must be kept in a locked container then I take exception to your law. I have been a gun owner and avid shooter for all of my adult life and will continue along that path as long as I am capable. I own guns and in my home they are not locked away but are loaded and stand ready to assist me in repelling nefarious persons of ill intent entering my home. They will remain in that ready condition unless visitors are present and the firearms must be placed in a safe place during their visit. It my come to some of you that the wording I saw quoted in the ARK bespoke wording that is unconstitutional on its face, but I need to read the actual verbiage used by your town council in order to affirm that. It is time for all the persons responsible for designing legislation of any and indeed all levels of governing groups from the town level up to and including the national legislature to begin thinking what the desired effect is and exactly how you can accomplish this goal without treading on the rights of the citizenry. We are not the problem unless you want us to be. The bad guys on the streets, the thugs, the pushers that use intimidation and the armed robbers, home burglars and other miscellaneous nasty persons should be you targets, not us. I have told our Police Chief that I, among many others I'm sure, will have his back if he needs us; that may require armed citizens or not, but if it does we are here. I stand by that statement. I implore you to use good sense and an intelligent approach to your "lawmaking". Repeal that questionable piece of legislation and place a new one that accomplishes what you actually intended. If your intent was to essentially "handcuff' your citizens I believe you'll find us to be worthy and capable adversaries. If you insist on a legal action against the town, which I would indeed sadly receive and contest in the federal courts. I sincerely ask that you reconsider and not expend town finances and unnecessary waste of our collective time. Sincerely and Hopefully William J. McKee 415-299-1344 (mobile)