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HomeMy WebLinkAboutTC Min 1998-08-05 , I"" TOWN COUNCIL MINUTES CALL TO ORDER Mayor Matthews called the regular meeting of the Town Council of the Town of Tiburon to order at 7:36 p.m. on Wednesday, August 5, 1998, at Town Hall Council Chambers, 1505 Tiburon Blvd., Tiburon, CA. A. INTERVIEWS -7:10 p.m. Current Vacancies: Disaster Advisory Council.!. Cynthia Batt, 2. Stephanie Sedlock. B. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Hennessy, Thompson, Gram (Arrived 8:00 p.m.), Mayor Matthews None PRESENT: EX-OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Town Engineer Barmand, Minute Clerk McVeigh '"' C. ANNOUNCEMENT OF CLOSED SESSION ACTION The Closed Session was rescheduled to the end of the regular Council meeting. D. PUBLIC OUESTIONS AND COMMENTS There were none. E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES Disaster Advisory Council (One Vacancy) MOTION: Moved: Vote: to appoint Stephanie Sedlock to the Disaster Advisory Council Bach, Seconded by Thompson AYES: Unanimous ABSENT: Gram F. COUNCIL. COMMISSION & COMMITTEE REPORTS 1. GGBH&TD PROPOSED FERRY FEEDER BUS FARE '"' Councilmember Thompson reported the GGBHTD currently operates two ferry feeder buses in Town. Since ridership is not at the District's desired level, the District would like to change the level of service. The District is considering 1) eliminating/reducing the number of buses that meet the four ferries in the AM and PM, 2) Consolidate the feeder bus routes, 3) continue the existing level of service and charging riders 75 cents. Town Council Minutes # 1145 August 5, 1998 1 r"' Councilmember Hennessy stated it is important to encourage the District to provide the service for free. Councilmember Bach feels the service should continue to be provided at no charge to riders. John Smissart, Felipa Court, stated he feels the District should make improvements to the ferry feeder bus service instead of reducing service, particularly if the sales tax initiative passes in November. G. CONSENT CALENDAR MOTION: to approve the Consent Calendar consisting of: 2. TOWN COUNCIL MINUTES #1143, July 1, 1998 3. TOWN MANAGEMENT/MID MANAGEMENT EMPLOYEE COMPENSATION (Resolution No. 3293) 4. APPROVAL OF RANCH ROAD REORGANIZATION #2 TO TOWN OF TffiURON AND SANITARY DIST. NO 2; 4905 RANCH ROAD, AP#38-052-07, John & Jean Duckett, Owners - Resolution No. 3294) Thompson, Seconded by Bach AYES: Unanimous ABSENT: Gram Moved: Vote: r--- H. UNFINISHED BUSINESS 5. RULE 20A - PG&E UNDERGROUNDING PROJECT AT BLACKIE'S PASTURE (Status of Cost Overruns and Refund to Town) r"' Town Manager Kleinert noted PG&E representatives are present to address the cost overruns associated with this underground project. He reported the original estimate for the project was $260,000, but the actual project cost was $428,052. This represents a $168,000 overage or 63%. Kleinert reported PG&E representative Mr. Colicchia believes a portion of this overage should be charged against the Town's rule 20A balance. Kleinert reported that while PG&E was doing borings at Jefferson Drive, the Town worked with PG&E to have borings done at Stewart Drive in anticipation of a future undergrounding assessment district. PG&E suggests that the cost for the Stewart Drive borings ($27,412) be charged against the future Rule 20B project. Kleinert reported that a major cost overrun resulted when a storm drain was ruptured at Stewart Drive. Of the $168,439 overrun, PG&E proposes to absorb $47,774 and charging the future Reed Heights project $27,412, leaving a remaining overage of $93,253 which PG&E proposes to charge against the Town's future 20A funds. He noted Council had several questions and concerns pertaining to this cost overrun and allocation and requested the matter be agendized. Marie Gaynor Murphy of PG&E reported PG&E launched an internal investigation into the cost overrun. It was determined the overrun fell into three categories. First, the Town Council Minutes # 1145 August 5, 1998 2 r"' Jefferson Street crossing, in which CAL TRANS did not allow the boring technique normally called for by PG&E. PG&E had to implement a new boring technique which caused delays. She noted the project should have been stopped at this point and the costs re-estimated. Secondly, the Stewart Drive crossing in which PG&E should not have entered into an agreement to do the work. Finally, the $93,000 in cost overruns which covers additional trenching, borings, and paving. Councilmember Thompson questioned if USA should be required to pay for a portion of the overrun for not marking the storm drain on Tiburon Blvd. that was damaged. Councilmember Hennessy questioned at what point PG&E notified the Town that it was going to spend an additional $90,000 of the Town's Rule 20A funds? Ms. Gaynor responded the Town was not notified until after the fact. Mr. Rocco Colicchia, PG&E representative, noted the cost overrun at Jefferson Street was in part caused by the creek crossing and loss of productivity working with traffic on Tiburon Blvd. I' Councilmember Hennessy expressed her concern that PG&E has admitted to several mistakes it made during this project, yet still expects to charge the Town for these mistakes. She noted all conditions were existing when the project estimate was made by PG&E, ie. creek, CalTrans boring requirements, and Tiburon Blvd traffic. She feels it is unconscionable to expect the Town to pay for PG&E's mistakes. Manager Kleinert noted the issues are: 1) the transfer of costs to the neighborhood project; 2) the $93,000 of additional charges against the Town's future Rule 20A funds; and 3) does the Town feel this is acceptable? Councilmember Bach does not feel the Town should pay for any cost overruns as the Town did receive anything above and beyond the original contract. Councilmember Gram noted the $93,000 overage is 36% of the original contract amount. Ms. Gaynor noted she and Mr. Colicchia were here to respond to the Council's questions, they are not able to re-negotiate the contact. Manager Kleinert questioned who the Town could file an appeal with regarding PG&E's position. Mr. Colicchia stated certainly PG&E and ultimately the Public Utilities Commission. r--- Town Attorney Danforth questioned how much of the remaining $93,000 cost overrun was due to the misapprehension of the conditions at the site, i.e. traffic, creek and drainage. Mr. Colicchia estimated approximately $66,000 in additional costs was due to the creek crossing and reduction of productivity from Tiburon Blvd. traffic. Attorney Danforth indicated that since PG&E was crediting the Town for the Jefferson Street boring costs, the Town should also receive credit for the other errors, as the creek crossing and Tiburon Blvd. traffic was known prior to the project commencing. Town Council Minutes # J 145 August 5, 1998 3 r"' John Kern, Stewart Drive, reported he attending meetings with PG&E representatives during the initial investigation. He expressed concern that the future Reed Heights undergrounding project will be charged $27,400, that there is no incentive for the residents to proceed. He also reported he provided PG&E with maps, prior to starting work, that clearly showed the storm drain at Stewart Drive which was damaged during the boring phase. He also reported he checked with USA and they have no record of being contacted by PG&E to mark the utilities at Stewart Drive, which is in violation oflaw. Councilmember Hennessy requested Mr. Kern to draft a letter to the PUC detailing his comments. Judy Burgin, Virginia Drive, noted several errors occurred during this project and does not feel they are the fault of the Town or the Reed Heights neighborhood. She questioned whether PG&E has liability or errors and omissions insurance. ~ Joe Keller, 699 Hilary Drive, feels that PG&E is to blame for the cost overruns, yet they want to charge the costs to the citizens ofTiburon. He stated the Rule 20A funds belong to Tiburon as the money is from the rate payer's bills. He noted PG&E does not give the money to the Town out of the goodness of their hearts. He expressed his opinion that if the project was not done "in-house" and was put out to bid, these problems would have been caught by the bidding contractors. He does not feel any of the additional costs should be paid by Tiburon. Ms. Gaynor-Murphy summarized the comments made by the citizens and officials this evening. She did note there is a lot of discomfort on the part of the citizens and PG&E in regard to this project. She noted PG&E must charge the future Reed Heights 20B project as the conduit is ready in the street for the future project and is not part of the 20-A project. Councilmember Thompson expressed his concern that it is difficult to get a majority of property owners to agree to assess themselves, and thinks it will be almost impossible to get the future undergrounding assessment district off the ground if there is a $27,000 charge waiting before they start the project. He also questioned if the $27,000 would accrue interest. Mr. Colicchia stated "No". Manager Kleinert recommended the Council appoint a Committee to meet with the next level up in PG&E to exhaust all administrative remedies. He also questioned if the Town could use its Rule 20A funds towards a 20B project? Mr. Colicchia stated he would have to investigate that issue. MOTION: That the Town draft a letter to the PUC and ask citizen John Kern to help with the letter. That the letter address the Town's concerns and incorporate Councilmember Hennessy and Attorney Danforth's comments in regard to the miscalculations by PG&E employees and send the letter to their supervisors, someone higher up in PG&E with the ability to negotiate, and if they are not willing to meet with a committee of the Council within a time period at the discretion of the Town Manager, then the Town will file I"" Town Council Minutes #1145 August 5. 1998 4 /-- Moved: Vote: a complaint with the Public Utilities Commission Hennessy, Seconded by Gram AYES: Unanimous Councilmembers Hennessy and Bach agreed to serve on the committee to meet with PG&E representatives. 6. REQUEST FOR ANNEXATION TO TOWN OF TmURON (petition by Bay Vista Court Property Owners) Planning Director Anderson reported the Town has received a petition signed by six property owners on Bay Vista Court requesting annexation to the Town. He reported Staff does not consider the annexation of this property, a westward expansion of the Town limits, to be prudent at this time. The Town's practice over the past 10 years has been to approved strictly "in-fill" areas. He noted this is a policy question as to whether the Council feels this annexation would consititue an "in-fill" annexation. Eve VIin, 6 Bay Vista Court, expressed her support of the annexation to Tiburon. She feels her street is really a continuance of Rancho Drive. " Councilmember Hennessy questioned if the six property owners were willing to spend $40,000 to repair their street. She noted the Town usually requires property owners bring a street up to Town standards prior to annexation. Councilmember Bach expressed his opposition to the requested annexation. Councilmember Thompson expressed his support of the annexation, noting this area is partitioned offfrom the Cypress Hollow annexation. Councilmember Gram feels the annexation does not make sense at this time, one main factor being the streets need to be brought up to the Town's standards. Moved: Vote: To indicate the Town's opposition to annexation of Bay Vista Court . at this time Bach, Seconded by Hennessy AYES: Hennessy, Bach, Gram, Matthews NOES: Thompson MOTION: 7. TOWN COUNCIL ORGANIZATION & COMMITTEE STRUCTURE (Ad Hoc and Standing Committees) -- Town Manager Kleinert reported this item is carried over from the July 15 regular meeting where discussion ensued regarding the use of ad-hoc committees rather than standing committees. He noted that if standing committees are utilized, their meetings must be properly noticed under the Brown Act. He reported that a survey oflocal agencies Town Council Minutes #1145 August 5, 1998 5 r-- indicated most do not use standing committees. Mayor Matthews questioned how many standing committees are utilized by the Town. Kleinert responded four, Land Use, Finance & Administration, Public Services and Legal Committee. Councilmember Hennessy stated she would prefer to use ad-hoc committees as they do not make decisions, rather make recommendations to the Town Council. Councilmember Bach reported this issue was discussed at a seminar he attended and it was recommended that ad-hoc committees be used as they have more flexibility, but they must not be composed by a majority of the Council. Mayor Matthews reported ad-hoc committees must be of a limited term, have a single issue to deal with and simply gather information and report to the Council. Councilmember Gram stated he would support keeping the standing committees, but would like to use ad-hoc committees more than previous Councils. 8. TffiURON BOULEVARD MEDIAN LANDSCAPING PROJECT (Information Update) ,.--.. Manager Kleinert reported this is an informational item. He reported a Citizen's committee has been formed to upgrade the landscaping along Tiburon Blvd from Reed Ranch Road to Highway 101. Most of this area is in the County. The Committee's responsibility is to raise the $30,000 - 35,000 for the purchase of plants. CalTrans and the California Conservation Corps will do the site improvement, install drip irrigation, and install plants. Jerry Reissen, 616 Ridge Road, is a member of the BeautifY Tiburon Blvd. Committee and reported the committee is being headed by Jean Banning. He reported the Tiburon Peninsula Foundation has committed funds to the project and the Belvedere Foundation has agreed to match those funds. He requested the Council authorize the Town Manager to work with Belvedere,Strawberry and the County to arrive at a cost sharing formula for the $32,000. Then as revenues are raised these agencies will be reimbursed by the Committee. Manager Kleinert expressed his support for the project but is concerned with the up-front funding proposal as the incentive is not as great to raise the funds. -- Council asked to reagendize the matter to the next regular meeting so the Committee can report on their fund raising efforts. Town Council Minutes # 1145 August 5. 1998 6 r-- J. PUBLIC HEARING 9. ORDER TO SHOW CAUSE (Re: Abatement proceeding-lllegal Unit at 1832 Centro West, Tiburon) Planning Director Anderson reported that a recent inspection of the subject property by the Building Official uncovered an illegal third unit. He reported the owners of the property have come in for a demolition permit, yet he still encourages Council to adopt the Resolution declaring a public nuisance exists and that Staff abate the nuisance. He noted a clause should be added extending the deadline for compliance from September 4 to a later date for good cause. Mayor Matthews opened the public hearing. Being no response, Mayor Matthews closed the public hearing. MOTION: Moved: Vote: to adopt the Resolution with the added clause Thompson, Seconded by Hennessy AYES: Unanimous 10. PREZONING FOR ANNEXATION OF PROPERTY AT 4905 RANCH ROAD (To RO- 2 (Residential Open) Zone; Jean & John Dukett, Owners; AP#38-052-07 r-- Council waived the oral staff report. Mayor Matthews opened the public hearing. Being no response, Mayor Matthews closed the public hearing. MOTION: Moved: Vote: to read by title only Thompson, Seconded by Bach AYES: Thompson, Bach, Hennessy, Gram, Matthews NOES: None Mayor Matthews read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON PREZONING APPROXIMATELY 0.41 ACRES OF PROPERTY LOCATED AT 4905 RANCH ROAD, ASSESSOR PARCEL NO. 38-052-07". MOTION: Moved: Vote: to adopt second reading Thompson, Seconded by Bach AYES: Thompson, Bach, Hennessy, Gram, Matthews -- ORDINANCE RE: WAIVERS (HARDSHIP EXCEPTIONS) FOR UNDERGROUNDING OF UTILITIES - Amendments to Chapter 12A of Tiburon Municipal Code 11. Town Counci/Minutes #/145 Augu.t 5. 1998 7 ,---. Council waived the oral staff report. Mayor Matthews opened the public hearing. There being no response, Mayor Matthews closed the public hearing. MOTION: Moved: Vote: to read by title only Thompson, Seconded by Bach AYES: Thompson, Bach, Hennessy, Gram, Matthews NOES: None Mayor Matthews read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON AMENDING PROVISIONS OF CHAPTER 12A OF THE TffiURON MUNICIPAL CODE REGULATING UNDERGROUND UTILITY DISTRICTS -- EXTENSIONS". MOTION: Moved: Vote: to adopt ordinance Bach, Seconded by Thompson AYES: Thompson, Bach, Hennessy, Gram, Matthews I""' 12. ORDINANCE RE: INDIVIDUAL AND ALTERNATIVE SEWAGE DISPOSAL SYSTEMS - Amendments to Chapter 13 of Tiburon Municipal Code Council waived the oral staff report Mayor Matthews opened the public hearing. There being no response, Mayor Matthews closed the public hearing. MOTION: Moved: Vote: to read by title only Hennessy, Seconded by Thompson AYES: Thompson, Bach, Hennessy, Gram, Matthews NOES: None Mayor Matthews read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON REPEALING CHAPTER 13C OF THE MUNICIPAL CODE AND ADOPTING BY REFERENCE THE INDIVIDUAL AND ALTERNATIVE SEWAGE DISPOSAL SYSTEM REQUIREMENTS OF TITLE AND 18.07 OF THE MARIN COUNTY CODE AS A NEW CHAPTER 13C OF THE MUNICIPAL CODE (INDIVIDUAL AND ALTERNATIVE SEWAGE DISPOSAL SYSTEMS)". -- MOTION: Moved: Vote: Town Council Minutes #1145 to adopt ordinance Thompson, Seconded by Hennessy AYES: Thompson, Hennessy, Bach, Gram, Matthews NOES: None August 5, 1998 8 r-- 13. ORDINANCE RE: CODE ENFORCEMENT AND ADMINISTRATIVE PROCEEDINGS - Repeal Sections 1-7, 1-8, 1-10, 1-11, 1-12, 1-13; Amend Sections 1-2, 2-8 AND 13.4. 1 (A); Repeal Chapter 24; and Adopt New Section 1-7, 1-8, 1-10 and Add New Chapter 31 of Tiburon Municipal Code Council waived the oral staff report. Mayor Matthews opened the public hearing. There being no response, Mayor Matthews closed the public hearing. MOTION: to read by title only Moved: AYES: Thompson, Seconded by Bach Vote: AYES: Thompson, Bach, Hennessy, Gram, Matthews NOES: None r- Mayor Matthews read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TffiURON REPEALING SECTIONS 1-7, 1-8, 1-10, 1-11, 1-12, 1-13; AMENDING SECTIONS 1-2, 2-8, AND 13-4. 1. (A); REPEALING CHAPTER 24; AND ADOPTING NEW SECTIONS 1-7, 1-8, 1-10; AND ADDING NEW CHAPTER 31 (ENFORCEMENT OF CODE)". MOTION: Moved: Vote: to adopt second reading Thompson, Seconded by Gram AYES: Thompson, Bach, Hennessy, Gram, Matthews K. COMMUNICATIONS 14. SISTER CITY PROGRAM - Information from Pont-Aven, Brittany, France The Council declined the proposed Sister City Program. 15. MARIN COUNTY JOINT SERVICES COORDINATION PROGRAM OVERSIGHT COMMITTEE Mayor Matthews agreed to serve on this Committee. 16. MTC TECHNICAL ADVISORY COMMITTEE (Regional Ferry Plan Update) Informational item only. L. STAFF & TOWN MANAGER REPORTS 17. MARIN STREET LIGHT JPA AUDIT REPORT (FY 1996-97) r- MOTION: Moved: Vote: to accept the audit Hennessy, Seconded by Bach AYES: Unanimous Town Council Minutes #1145 August 5, 1998 9 - - '- M. ADJOURNMENT The regular meeting of the Town Council of the Town of Tiburon was adjourned at 10:00 P.M., Wednesday, August 5,1998 to Closed Session. ATIEfJ~ DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1145 i~!1:!!!:;cs:b9 TOWN OF TmURON August 5. 1998 10