HomeMy WebLinkAboutTC Minutes 2010-04-21TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, April 21, 2010, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Fraser, O'Donnell
Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
Prior to the regular meeting, the Council met in closed session at 6:30 p.m., followed by an
interview in open session at 7:15 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIATION
(Section 54596.9(c))
• Case name unspecified because disclosure would jeopardize settlement negotiations
CONFERENCE WITH LABOR NEGOTIATOR
(Section 54957.6)
Bargaining Unit: Tiburon Police Association
Negotiators: Town Manager and Director of Administrative Services
INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS
(Heritage & Arts Commission - One Vacancy)
• Ric Postle, 110 Marinero Circle
Town Council Minutes #06 -2010 April 21, 2010 Page 1
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Collins said there was no action to report.
ORAL COMMUNICATIONS
Andrew Thompson, former Mayor and Councilmember, asked the Council to revisit certain
provisions of Tiburon's tree and view ordinance. Thompson said that in 1989, an element of the
ordinance was removed that had previously required persons whose trees are blocking views to
be financially responsible for ensuring the rights of others' views. He said that without a financial
incentive, there was a tendency to "let your yard go, and others end up paying for it."
Thompson said that he would like to have this provision reinstated into the view ordinance which
he said would encourage cooperation, and create moral and financial responsibility, between
neighbors.
Mayor Collins referred the matter to Town staff.
CONSENT CALENDAR
Mayor Collins removed Item Nos. 1 and 3 from the Consent Calendar for further discussion.
1. Appeal of Tree Removal Permit for 100 Ned's Way - Adopt resolution denying an
appeal of the Design Review Board's approval of a tree permit to remove six eucalyptus
trees; File T2009-31 (Director of Community Development Anderson)
Address:
100 Ned's Way (Hilarita Apartments)
APN:
058-151-39
Applicant:
Hilarita Tiburon Ecumenical Association
Appellant:
Victoria Tuorto (Hilarita Tenant's Association)
2. Community Violence Solutions- Approve request by Community Violence Solutions to
proclaim April as Sexual Assault Awareness Month (Town Clerk Crane Iacopi)
3. Del Mar Undergrounding Districts - Approve retention of Bond Counsel for reformation
of Del Mar Undergrounding Districts (Town Attorney Danforth)
4. Del Mar Undergrounding District Litigation - Approve budget amendment to fund
litigation settlement agreement (Director of Administrative Services Bigall)
5. Greenwood Beach Drainage Easement - Adopt resolution authorizing execution of
Quitclaim of the Town's easement over 444 Greenwood Beach Road (Director of Public
Works/Town Engineer Nguyen)
Town Council Minutes #06 -2010 April 21, 2010 Page 2
MOTION: To adopt Consent Calendar Item Nos. 2, 4 and 5.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Slavitz
Discussion of Items removed from Consent Calendar
1. Appeal of Tree Removal Permit for 100 Ned's Way - Adopt resolution denying an
appeal of the Design Review Board's approval of a tree permit to remove six eucalyptus
trees; File T2009-31 (Director of Community Development Anderson)
Address:
100 Ned's Way (Hilarita Apartments)
APN:
058-151-39
Applicant:
Hilarita Tiburon Ecumenical Association
Appellant:
Victoria Tuorto (Hilarita Tenant's Association)
Mayor Collins asked for a staff report on the modified resolution submitted as "Late Mail."
Town Attorney Danforth described the changes to the resolution that addressed the issues raised
in the appeal about whether the trees were in whole or in part on Cal/Trans right-of-way. She said
that Cal/Trans had staked the property but that in an abundance of caution, the Town would
require the applicants to establish ownership or get permission from Cal/Trans before taking
action to remove the trees.
Ms. Danforth said that the Town used the word "hazardous" at the top of page 2 as a "term of
art" within CEQA guidelines. She said that language was being added to the resolution to clarify
that hazardous means, "as defined by the CEQA guidelines."
Mayor Collins opened the public hearing.
Appellant Vicky Tuorto, Ned's Way, requested Council reconsideration of its action based on
new information she had submitted in her letter and a letter from Mr. Hardy, concerning the
location of the trees on the property. She also said she had a 1995 letter from Cal/Trans that said
the trees were "straddling the property" line.
Ms. Tuorto once again raised the issue of "piecemealing" and said that the actions of the HTEA
Board were not only a current threat to the trees but represented an on-going threat.
Ms. Tuorto submitted minutes of an HTEA meeting in which she said the Board of Directors had
voted to remove four Blue Gum Eucalyptus and said that four days later, they submitted an
application to the Town that listed six trees. She said that Jim Mallot had noted that HTEA
"selectively" cut down every cluster of trees on the property.
Town Council Minutes #06 -2010 April 21, 2010 Page 3
Ms. Tuorto said that when she brought a petition to the HTEA Board that called for the review of
the tree-cutting, she was told it was "not the tenants' business."
Mayor Collins closed the public hearing.
Councilmember O'Donnell said that while he respected the passion and concern for the trees
demonstrated by the appellants, he said that it was difficult for the Council to be arbiters of what
happens at the Hilarita. He said that there may be internal conflicts there that need to be resolved.
He said he would vote for the amended resolution.
Councilmember Fredericks said that the authority of the Town Council was limited to review of
trees deemed to be "Heritage Trees." She said that these findings could not be made with this
application.
Councilmember Fraser thanked Ms. Tuorto for her diligence, hard work and passion. He said that
the Design Review Board had served the community, including the Hilarita, in its review of the
project and had done well in its analysis of the issues. He said that he thought the outcome would
be positive for both applicants and appellants. He said the amended resolution required the
applicants to get permits from Cal/Trans for the tree work. Fraser stated that he would vote to
adopt the amended resolution.
Mayor Collins said that his previous comments on the appeal still stood.
MOTION: To adopt the resolution in Consent Calendar Item No. 1, as amended.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Fraser, Fredericks, O'Donnell
NOES: Collins
ABSENT: Slavitz
3. Del Mar Undergrounding Districts - Approve retention of Bond Counsel for reformation
of Del Mar Undergrounding Districts (Town Attorney Danforth)
Town Attorney Danforth said she had met with Sam Sperry, a well-respected lawyer in the field.
She said the proposed agreement for services would include two phases of work: 1) house-
keeping matters to adopt resolutions severing the Hawthorne and Hacienda sub-zones from the
district, and to rescind the formation of the supplemental district, remove the assessments and
create new financing for the district; 2) formation of a new supplemental assessment district.
Ms. Danforth described the cost of this work and answered Council's questions concerning the
costs. She said that initial work on forming the new supplemental assessment district work would
cost up to $10,000; if the Town successfully formed the district, it would owe additional fees
under a formula set forth in the agreement. Ms. Danforth estimated that these fees would be
around $33,000; she noted that these costs (approximately $43,000) could be recovered from the
district. If the Town did not form the district, the Town would be out of pocket a maximum of
Town Council Minutes #06 -2010 April 21, 2010 Page 4
$10,000 for the formation costs.
The agreement also provides for the bond counsel to draft the resolutions necessary to implement
the December 31, 2009, appellate court ruling invalidating the 2006 supplemental assessment
district and modifying the modifying the 2005 original district pursuant to the settlement of the
first Bonander case.
Councilmember O'Donnell asked Ms. Danforth if she was confident that the attorney had read
the record of the lawsuits filed in connection with the formation of the Del Mar undergrounding
districts. Ms. Danforth said that he had read the settlement agreement and judgment in the
Bonander case, and had been fully briefed by staff.
MOTION: To adopt Consent Calendar Item No. 3, as written.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Slavitz
ACTION ITEMS
1. Appointments to Boards and Commissions - Consider appointments to fill vacancies on
Boards and Commissions (Town Clerk Crane Iacopi)
Mayor Collins said the Council had interviewed an applicant for the Heritage & Arts
Commission vacancy created by the resignation of Liz Schmidt.
MOTION: To appoint Ric Postle to the Heritage & Arts Commission.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: Slavitz
2. Lyford Drive Parking Project - Recommendation to review scope of work for the Lyford
Drive Multi-Modal Parking Lot and provide direction and authorization to staff (Director
of Public Works/Town Engineer Nguyen)
Town Manager Curran said that staff sought direction from Council on moving forward with the
project since the scope of the work had changed pursuant to further discussions at the
Council/staff retreat in March. At that meeting, Curran noted that Councilmember O'Donnell had
recommended that staff investigate the cost of undergrounding utility poles in the vicinity of the
project, along Tiburon Boulevard, in conjunction with the parking project.
Director Nguyen gave some background on the project and Council's approval to date. He said
that in November of 2009, the Council had approved a design concept and that the project cost
estimate at that time was $800,000. He said the estimate included a grant from the Transportation
Authority of Marin (TAM) in the amount of $304,000. He said the current cost was now
Town Council Minutes #06 -2010 April 21, 2010 Page 5
estimated to be $885,000, and that staff was still working with Cal/Trans to secure the right-of-
way for the site.
Nguyen said that staff had estimated the costs of undergrounding utility poles to Mar West as a
separate but concurrent project in the approximately amount of $610,000. He said this estimate
was based on a linear foot formula used in the Lyford Cove Undergrounding Assessment
District, and that it assumed the project would be a Rule 20B project.
The Director said that if the undergrounding was a Rule 20A project, then PG&E could lead the
effort and use funds set aside in that account (he said there was $450,000 in the Town's account
now). However, Nguyen said because of the backlog of PG&E Rules 20A projects, the Town
might have to wait up to seven years, or as little as 2.5 years.
Director Nguyen recommended that Council approve a revised scope of work for the project in
order for staff to get more refined bids. He reviewed the available funding: $370,000 in this
year's budget, $314,000 TAM (Clean Air) grant, for a total of available funds of $684,000. He
said that the $200,000 shortfall would be included in the FY 2010-11 Capital Improvement
Budget.
The Mayor asked for Council comment.
Councilmember O'Donnell, member of the Council's ad hoc Public Works committee, asked
whether there was a potential role for the City of Belvedere to play in contributing to the project,
perhaps in landscaping, with water trenched over from their Corporation Yard, or nearby park.
O'Donnell said that the retaining wall in the current project would certainly invite some
landscaping, as it would be visible from Belvedere.
Town Manager Curran said that these options had not yet been explored fully, but that staff had
broached it at the last Mayors'Nice Mayors' meeting between the two cities. She noted that most
of the current parking was used by workers bound for projects in Belvedere.
Councilmember Fredericks expressed concern about the escalating cost of the project. She
pointed out that the cost had doubled over the last two years. She said that the first cost estimate
for the project that had been reviewed by the Council was for a Town contribution of $200,000,
plus the prospective $300,000+ grant from TAM. She said the next estimate was for $800,000,
and now, $885,000. Adding to this the cost of taking down utility poles, she said the total cost of
the project was now estimated to exceed $1.1 million.
Fredericks said that given current economic conditions, and the fact that the Town was asking its
departments to cut costs, this was not the right time to undertake such a project, especially since
the cost estimates were still uncertain.
Town Council Minutes #06 -2010 April 21, 2010 Page 6
Fredericks suggested that there was no harm in getting in line for the Rule 20A funding,
especially since the poles might have to be moved anyway as a consequence of constructing the
improvements. She said it might even be possible to use this as a negotiating tool with PG&E to
move the Town up the list for use of the Rules 20A funds.
Councilmember Fredericks said that while she supported undergrounding efforts, and that it
would be great to see the poles come down along Tiburon Boulevard, she could not justify the
increase in cost of the project from $500,000 to over a million dollars.
Town Manager Curran pointed out that there was also Rule 20B credit that the Town could apply
in the current cost estimate.
Fredericks said that that project still had continued to grow in scope from one parking corridor to
two, largely as a result of the TAM grant. She said that she supported the project but she was not
willing to support the doubling of the cost in order to remove the utility poles.
Vice Mayor Slavitz agreed that the costs needed to be studied carefully, perhaps in the context of
what other Town projects were "on the radar" in the coming fiscal year.
Town Manager Curran said that the upcoming fiscal year budget included the annual streets and
drainage projects, plus "singular" projects like the proposal for a new Jt. Recreation building on
Ned's Way, and the Lyford Drive parking project. The only other funding, which remained
uncertain at this point in time, according to Curran, was the cost of the Del Mar undergrounding
project. She said that the new Corporation Yard was "on the back burner" at this time. She said
that staff had plenty of projects on its plate in the coming year.
Mayor Collins asked whether there was any information on the cost effectiveness of
undergrounding the utility poles now or at a later date.
Director Nguyen said that current economic conditions had driven down construction costs and
that there was a potential advantage to bid the project now. He said that it might be possible to
design the project to install the vaults and other equipment, but not pull the lines. He said that
Rule 20A funding might be used at a later date to pull the lines.
Town Manager Curran said that if the Council gave the go-ahead, staff could ask the utilities do
the engineering design work, and then staff could use this information in a bid alternate to
determine more fully what the costs of installing the vaults and conduit would be.
Director Nguyen said that it would not be difficult to re-do the slurry seal on the parking lot if the
actual work was done at a later date, under this scenario.
Councilmember Fredericks said that while she saw the value in this approach, she asked whether
it would actually put the Town in line for Rule 20A funding. Town Manager Curran said that it
would not, but it would put the Town in a better position to gather this information and have a
Town Council Minutes #06 -2010 April 21, 2010 Page 7
sharper bid.
Councilmember Fredericks asked how much the undergrounding design work would cost.
Director Nguyen said that the $885,000 included an estimate for all the utility design work.
Councilmember O'Donnell said that improving the Lyford Drive parking area was an idea
conceived by Mayor Collins several years ago and that he supported it. He said he was not aware
at that time of Rule 20A or Rule 20B funding but that it was "crazy" to do a project this big and
not do it the right way.
O'Donnell said that in his experience, "piecemealing" a project always ended up costing more.
He said that this would be a "shining project" for the Town and the entire community, and asked
what better use of capital dollars the Town could have.
Councilmember Fredericks agreed that it would be a benefit to remove the utility poles but that it
would have to be done piecemeal because the jump from a half a million dollars to over a million
dollars would "break the bank." She added that cost estimates were usually below what you
actually pay. She encouraged the Council to spend this money in the future, when the economy
improves, and she concluded that she could only support the engineering cost estimate portion of
the project at this time.
Mayor Collins said that he would like to see more numbers for the utility pole removal bid
alternate. He said he would like to see how much of the $610,000 estimate was actually for
engineering or for work such as the installation of conduit and vaults.
The Mayor agreed that these were difficult economic times but said that he still thought this
would be a wonderful project for the Town. He also agreed that it would be useful to see this
project in the context of a matrix of projects planned for the coming fiscal year, as well as the
next three to five years.
Director Nguyen said that staff could work to get "better numbers" for this project, by starting the
design process and getting PG&E staff involved, as well, to design their own set of plans and
estimates. He noted that the Town would have to pay PG&E for their work.
Councilmember Fraser asked what the cost was for the "base project." Town Manager Curran
said that the $885,000 project cost was the best estimate available at this time.
Fraser said that he, too, would like to see an outline of all the projects on the horizon. Town
Manager Curran said that these projects and estimates were available now; however, she
concurred that staff would like to put a finer point on the base [Lyford parking] project which
was why staff had come to Council for direction to proceed.
The Town Manager asked if the Council recommended holding off on any further design work
on the project. The Mayor said no, just the "secondary part" [utility undergrounding work]. He
Town Council Minutes #06 -2010 April 21, 2010 Page 8
asked that this be addressed in the context of the next several years' budget process.
Councilmember O'Donnell asked if there would be a cost to the Town to move the utility poles.
Director Nguyen said that typically if a utility is within a Town project, the utility has to move
the poles. O'Donnell asked if this could be used as a bargaining tool. Nguyen said that PG&E
had already told staff that they would try to expedite the Rule 20A project for the Town.
Mayor Collins opened the matter for public comment. There was no public comment.
Town Manager Curran said that the direction staff would proceed under was that it should
proceed with the Lyford Drive parking lot project engineering, as well as engineering that would
include undergrounding components (such as the cost to install vaults), and bring these numbers
back to Council in the context of the upcoming Capital Improvement Budget. In addition,
Curran said that staff would explore cost-sharing opportunities with the City of Belvedere.
Councilmember Fredericks asked if the $200,000 shortfall had yet been allocated to the project.
Town Manager Curran said that it had not yet been allocated.
TOWN COUNCIL REPORTS
Councilmember Fredericks reported that the League of California Cities policy committees had
met to consider suspending legislation pertaining to climate change (AB 32 and SB 375). She
said that the League Board of Directors had voted to maintain its position concerning the
legislation but had requested the Governor delay the impending deadlines and require funding be
available to cities for state mandates.
TOWN MANAGER'S REPORT
• Neighborhood Association Summit - Discussion of possible dates in June
Town Manager Curran put forth two possible dates: June 5 or June 19. Both dates were
acceptable to the Council.
The Town Manager also gave a brief report on the status of the contract with Cal Fire for the
protection of Angel Island. She said that this would probably cost between $12,000 and $18,000
per year. She said that although the State already manages the island, the Town had no authority
over what goes on there. But she said State law allowed Cal Fire to step into the breach, in the
event of a fire.
Mayor Collins asked why the Town had any legal obligation, including fire protection. Town
Manager Curran said that the Fire District borders that were drawn in 1941 preceded the Town's
incorporation and were never changed. She said that Tiburon Fire did not have an interest in
changing them now. She said that Cal Fire was better equipped to service the island, in any event.
She said that Cal Fire had picked up the bill for fighting the 2008 fire (in the amount of
Town Council Minutes #06 -2010 April 21, 2010 Page 9
$700,000) but that they were not willing to do so again. She said she wanted to have a contract in
place before the next fire season.
WEEKLY DIGESTS
• Town Council Weekly Digest -April 9, 2010
• Town Council Weekly Digest -April 16, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 8:55 p.m.
4
MCHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IA OPI, TOWN CLERK
Town Council Minutes #06 -2010 April 21, 2010 Page 10