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HomeMy WebLinkAboutTC Minutes 2017-11-15 TOWN COUNCIL SPECIAL & REGULAR MEETING i MINUTES SPECIAL MEETING —7:00 P.M. On November 15, 2017, the Council held a special meeting as follows: CALL TO ORDER Councilmember Fredericks,Councilmember Kulik,Councilmember Thier,Vice Mayor O'Donnell, Mayor Fraser INTERVIEWS FOR VACANIES ON TOWN BOARDS & COMMISSIONS (Planning Commission—One Vacancy for Tiburon appointee) • Kristina Wollan • Melvyn Mark ADJOURNMENT—to regular meeting REGULAR MEETING—7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday,November 15,2017,in Town Council Chambers, 1505 Tiburon Boulevard,Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser,Fredericks, Kulik, O'Donnell, Thier 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, Town Clerk Stefani ORAL COMMUNICATIONS None. RECOGNITION OF TOWN SERVICES Tonin Coxncrl A?inwes#23-20/7 Novwnber 1 j, 2017 Page 1 • Lou Weller: Design Review Board (2010-2011) and Planning Commission (2011-2017) I The Mayor thanked Lou Weller for his years of service to the Town, and presented him a plaque to commemorate his time on the Design Review Board and Planning Commission. CONSENT CALENDAR CC-1. Town Council Minutes — Adopt minutes of October 18, 2017 special and regular meetings (Town Clerk Stefani) CC-2. Town Council Minutes — Adopt minutes of November 1, 2017 special and regular meetings (Town Clerk Stefani) MOTION: To adopt Consent Calendar Items 1-2, as written. Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous ACTION ITEMS AI-1. Appointments to Town Boards and Commissions—Consider making appointmentto Planning Commission(Town Clerk Stefani) Town Clerk Stefani said there had been a vacancy on the Planning Commission since October,when Commissioner Lou Weller submitted his resignation. She said staff had advertised the vacancy in accordance with regular policy,and four applications were received by Roy Ciumrine,Melvyn Mark, Jeff Tsai and Kristina Wollan. She recommended the Council consider an appointment. MOTION: To appoint Jeff Tsai to the Planning Commission. Moved: Kulik, seconded by Fredericks VOTE: AYES: Unanimous AI-2. Town Council Committee Appointments — Consider making appointments to two Marin County Council of Mayors and Councilmembers Ad Hoc Committees (Town Clerk Stefani) Town Clerk Stefani said the Marin County Council of Mayors and Councilmembers recently approved two new subcommittees to which the Council may appoint Tiburon representatives: the Pension and OPEB Reform ad hoc committee and the Disaster Preparedness ad hoc committee. Councilmembers Thier and Kulik volunteered to be delegates on the Pension and OPEB Reform committee, and Mayor Fraser volunteered to be the alternate. I i Tovvn Council Minzaes#23-2017 November 15, 2017 Page 1 Mayor Fraser also volunteered to serve as delegate on the Disaster Preparedness committee, and Councilmember Thier volunteered to be the alternate. l AI-3. Hawthorne Utility Assessment District — Consider adoption of Mitigated Negative Declaration and approval of the Preliminary Engineer's Report (Department of Public Works) Town Manager Chanis reminded the Town Council that after the first review of the Preliminary Engineer's Report on September 19, 2017, the Council directed staff to work with Vice Mayor O'Donnell and the engineer to revise the report to address Council and citizen concerns.He said the updated report is the subject of tonight's meeting, and suggested a tentative timeline of future Council meetings, including the necessary actions leading up to The tabulation of the vote. Chanis said the updated report includes three significant revisions: methodology, discount on tax- exempt parcels.and the Town's contribution.He said the changes will result in different assessments than in the first report, and part of the Town's contribution would be put toward a set of complete plans and specifications. Vice Mayor O'Donnell commented the assessment amounts could be reduced ifthe property owners were to pay the assessment in cash. Chanis confirmed this point. O'Donnell also clarified that the Town's contribution toward a set of complete plans and specifications would allow the bonds to be sold for the actual project cost,and not necessarily for the estimate in the engineer's report. The Council discussed the possibility that project bids may come in at a higher price than the estimate. Councilmember Fredericks expressed concern about a supplemental assessment and secondary vote. Chanis said the Council could wait for a more advantageous bidding environment. Director of Public Works/Town Engineer Barnes commented on the cost increase between estimates. He said the increase in cost can be attributed to several factors, among them: increases in scope, inflation, utility costs, trench length, and costly environmental work. Of the contingency, he reminded the Council of the previous districts that went to supplemental assessment. Mayor Fraser clarified that if the bids are lower than expected,the money will not be spent.He said the contingencv is meant to protect those involved in the project. Chanis agreed, and said the assessments will ultimately reflect the actual project costs. Fredericks asked what would happen if the supplemental vote failed. Chanis said the project would be abandoned. The Council also discussed deferral of the assessments and the loan interest rate.Town Attorney Stock clarified that this program is indexed by income, and individuals need to reapply each year. i Tozvn Council A,Iizvzties#23-20/7 November 1.i, 2017 Page 3 — Mayor Fraser opened the floor for public comment. i Jack Ryan,Hawthorne Drive, said he was a longtime proponent of the project,but believed the cost to be too high and ask the Council to remove the rock contingency. Daryl Smith, Hawthorne Drive, believed the cost of the project to be too high and spoke about the safety benefits of utility undergrounding. A Virginia Drive resident also spoke about the necessity of utility undergrounding for safety reasons, citing a neighborhood pole that fell down near his home. Robert Chandler,Hilary Drive,said he could not afford the assessment and expressed concern that a potential buyer of his home would not take on this assessment. Michael Stephens,Hawthorne Drive,said he wanted the neighborhood to have a chance to audit the final cost of the project and have an explanation of specific costs. Quentin Hills,Belvedere Tennis Club,expressed concern about the varying costs,safety,and lower assessments on tax exempt parcels. He said they should just put the project to a vote. Jonathan Turner, Palmer Court, said the estimate was a "not to exceed" number. He proposed f increasing the general benefit, and reviewing the contingencies in the project. Ben Argov, Palmer Court, spoke in support of utility undergrounding, and said the Town should contribute more toward general benefit. John Hermansky,Hawthorne Drive, said the Town should contribute more toward general benefit because the beautification of the bike path is an important project for the Town. John Lake, Rock Hill Drive, spoke in support of the safety benefits of utility undergrounding. He said he would vote in support of the project, even though the costs seem too high, and expressed concern about the contingencies. Jennifer Isaac,Del Mar Drive, said many are deterred by the massive cost and the project may fail. She asked that the Town contribute more. Leonor Noguez spoke against the Town's contribution toward the district, and did not believe the Belvedere Tennis Club should be given the same charitable status as the churches in the district. Peter Snoek,Hawthorne Drive, questioned the new cost estimate. He said if the cost is too high,the residents will vote against the project. Gary Schock,Rock Hill Drive, expressed concern about the high cost, safety and general benefit. I L✓ Town Coemcil Minutes#23-2017 November I5, 2017 Page 4 Helen Schwartz. Hilary Drive, said many district residents cannot afford this assessment, and suggested any Council approval include a strategy in which project proponents provide financial i assistance to those who cannot afford the assessment. Ken Wyle, Hilary Drive, said this cost will cause the vote to fail. He said the residents are being asked to accept an unrealistic cost, and for that reason,the Town should contribute more resources. ]ill Sideman,Mara Vista Court, asked that the engineer review the contingencies and cost estimate again because the cost estimate did not change between reports. Ian Pearson, Rock Hill Drive,expressed disappointment about the new report and the high estimate. He said the district residents are concerned about the high cost, the contingencies, and wanted to ensure safety in their neighborhoods. Father Brown, St. Hilary Church and School, thanked the Town for the contribution. Mayor Fraser closed the floor. Vice Mayor O'Donnell said most of the known contingencies will be tightened up as the plans and specifications are completed, and more complex research is done. Councilmember Fredericks asked the district engineer to comment on general benefit. Dennis Klingelhofer said general benefit is a general enhancement of property value that is not directly associated with parcels or properties in the community. Councilmember Fredericks said the final cost is what the residents will pay, and not necessarily the estimate, but believed there should be enough consensus in the district to be comfortable with that amount. She said the Town is putting money toward final engineering which will help the district residents know actual costs. She argued there is risk involved for all parties, and the Town's funds are even more at risk if there is a need for a supplemental assessment,or if the bid is not successful. Fredericks also said the Town's contribution is taking the issue of paying for the local nonprofits off the table for district residents. She said the project is a great burden to property owners who cannot afford the assessments,and it makes their homes less valuable. She argued that the Town has stepped up to facilitate this project, and has put forward a lot of public funds. She reiterated the risks involved,and said she would vote to accept the report. Vice Mayor O'Donnell said this was a challenging district due to a lack of uniformity between parcels. He said the Town has worked to fashion a compromise representing the fairest way to proceed. He said the law permits the Town to discount tax-exempt parcels,and in this case, it is the right thing to do for the churches that are the fabric of the community. Tocvi7 Cozo7cil Nlinares#23-2017 November 15, 2017 Page 5 Of the Town's contribution,he said those funds are going toward complex research that will give the residents further clarity on the actual costs of the project.He reiterated Councilmember Fredericks' sentiment that the district residents will only pay the final cost of the project,and not necessarily the estimate amount. O'Donnell added that accepting a higher cost estimate,and working to lower costs. is a much better practice than underestimating the final cost. He added that the latter would ultimately put the Town's funds at even more risk. The Vice Mayor concluded by saying the Town is assisting the district residents in determining the actual costs of the project,while still being cautious of the risks involved for all parties. He believed the Town's contribution to be prudent and fair,given the fact that those funds could be used in many other ways to benefit the whole community. He said he would like to approve the report,and let the district decide if it wants to proceed with the project. Mayor Fraser said the Town has not previously contributed to projects in this manner, but he believed it to be the right thing to do to help this district move forward and get an accurate bid amount.He agreed with the Vice Mayor and said it would be more beneficial for everyone to accept the estimate, and work to lower costs. Fraser continued by speaking about the residents in the neighborhood on a fixed income, and expressed concern about those district residents that cannot afford the assessment. He said the Council should give this some consideration,and he does not want members of the community to be driven to leave. i Fraser said he wanted to see this project go forward.He said this district and the Town of Tiburon are both unique environments, and to compare this district to other cities is not necessarily an appropriate comparison.He spoke to recent construction cost increases,and said construction costs are likely to continue increasing.He said the best next step is to get the project bid.He also asked the staff to keep the project proponents and district residents involved and engaged in the process. MOTION: To approve the Mitigated Negative Declaration, and direct staff to prepare the necessary resolutions to approve the updated Preliminary Engineer's Report,and set the date for the required Public Hearing and submission of ballots in support of or in opposition to the formation of the District, and to consider those resolutions at a special Town Council meeting on November 29, 2017 at 5:00 p.m. Moved: O'Donnell, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, O'Donnell DISQUALIFIED: Kulik, Thier TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT Town Council Minares#23-2017 November 1.i, 2017 Page 6 None. I WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Counci of t Town of Tiburon, Mayor Fraser adjourned the meeting at 9:45 p.m. i JIM F S 'R, MAYOR ATTEST: LEA STEFANITTOWN CLERK I Tmvn Council Mirnales #2J-2017 November 15, 2017 Page 7