HomeMy WebLinkAboutTC Min 2018-01-17 TOWN COUNCIL
SPECIAL & REGULAR MEETING
MINUTES
SPECIAL MEETING —7:00 P.M.
On January 17, 2018, the Council held a special meeting as follows:
CALL TO ORDER
PRESENT: Councilmember Fredericks, Vice Mayor Kulik, Mayor Fraser
ABSENT: Councilmember Thier
INTERVIEWS FOR VACANIES ON TOWN COUNCIL
(Town Council—One Vacancy for Tiburon appointee)
• Erica Mesker
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, January 17, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier
ABSENT: COUNCILMEMBERS: One Vacant Seat
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,
Management Analyst Creekmore,Associate Engineer
Lashkevich, Town Clerk Stefani
ORAL COMMUNICATIONS
There were none.
CONSENT CALENDAR
Town Council Minutes #02-2018 January 17, 2018 Page I
CC-1. Town Council Minutes—Adopt minutes of November 15,2017 regular meeting(Town
Clerk Stefani)
CC-2. Town Council Minutes—Adopt minutes of November 29,2017 special meeting(Town
Clerk Stefani)
CC-3. Town Council Minutes—Adopt minutes of December 6, 2017 regular meeting(Town
Clerk Stefani)
CC-4. Town Council Minutes—Adopt minutes of December 7, 2017 special meeting(Town
Clerk Stefani)
CC-5. Vacancies on Town Boards, Commissions and Committees — Announce pending
vacancies for 2018 (Town Clerk Stefani)
CC-6. Annual Development Fee Report—Receive annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Community
Development Department)
CC-7. Investment Summary—Adopt investment summary for month ending November 30,
2017 (Director of Administrative Services Bigall)
CC-8. Investment Summary—Adopt investment summary for month ending December 31,
2017 (Director of Administrative Services Bigall)
CC-9. Tiburon Tourism Business Improvement District—Adopt resolution of intention to
levy assessments (Town Manager Chanis)
CC-10. Pooled Liability Assurance Network (PLAN) — Adopt resolution approving and
authorizing the execution of the PLAN Joint Exercise of Powers Agreement(Director of
Administrative Services Bigall)
CC-11. Ferry Dock Pile Repair Design Proposal—Authorize Town Manager to award contract
to Moffatt and Nichol and approve a budget amendment in amount of $43,000
(Department of Public Works)
CC-12. Budget Amendment—Approve budget amendment in amount of$30,000 for Town staff
succession planning and extended leave (Department of Administrative Services)
CC-13. Beach Road Drainage Project—Approve task order to GHD Inc. for project pre-design
study and authorize use of funds from Storm Drain Rehabilitation Project(Department of
Public Works)
Town Council Minutes 902-201g Januaq 17, 2018 Page 2
Vice Mayor Kulik inquired about the decrease in investment balance in the month of November.
Director of Administrative Services Bigall said the Town experiences an annual dry period due to the
regular revenue cycle, and must draw from investments during this period.
Councilmember Fredericks requested to remove Item No. CC-3 (Draft Minutes)and Mayor Fraser
requested to remove Item No. CC-10 (Pooled Liability Assurance Network) from the Consent
Calendar for discussion.
MOTION: To adopt Consent Calendar Items 1-2, 4-9, and 11-13 as written.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
CC-3. Town Council Minutes—Adopt minutes of December 6, 2017 regular meeting(Town
Clerk Stefani)
Councilmember Fredericks made a change to the first paragraph of the Town Council Reports on
page 2 to read: "...asked to support a federal amendment to the federal budget with regard to
preserving state and local tax deductibility from income tax returns."
CC-10. Pooled Liability Assurance Network (PLAN) — Adopt resolution approving and
authorizing the execution of the PLAN Joint Exercise of Powers Agreement(Director of
Administrative Services Bigall)
Mayor Fraser asked for further explanation about this change,and wondered if other Marin County
jurisdictions were doing the same.
Director of Administrative Services Bigall said the Town has participated in the Association of Bay
Area Governments Pool Liability Assurance Network(ABAG PLAN)since inception,but as a result
of the recent merger of ABAG and the Metropolitan Transportation Commission,the ABAG PLAN
was also consolidated into MTC. She said the ABAG PLAN Board of Directors searched for cost-
savings methods to avoid the overhead charges that will be charged due to this consolidation. She
said Bickmore Risk Services presented a proposal that will save member agencies $3 million over
the next five years.
She added that it is correct that only two Marin County municipalities are involved at this time,but
explained it is a normal practice to `shop around' insurance providers every few years, or if an
agency has a negative risk experience.
Mayor Fraser asked for further confirmation that this change will be advantageous to the Town.
Director Bigall confirmed this point, and said the Town receives the best rates through this plan
compared to other quotes received, and the Town will achieve savings with this option over the
current structure.
Town Council Minutes 902-2015 January 17, 2018 Page 3
Vice Mayor Kulik asked if the list of member entities provided to the Council were all current
ABAG PLAN members. Director Bigall confirmed,and said many of them have already adopted the
documents necessary to join the new JPA. She said any that have not yet done so likely will soon.
MOTION: To adopt Consent Calendar Items 3 & 10, as amended.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
ACTION ITEMS
AI-l. Vacancy on Town Council—Consider making interim appointment to fill one vacancy
on the Town Council (Office of the Town Manager)
Town Clerk Stefani said in the event of a Town Councilmember resignation,the Government Code
requires the Council to either make an appointment or call a special election within 60 days of the
effective vacancy date. She said the Council had previously stated its intention to fill the vacancy by
appointment,and the person appointed will serve for the remainder of Councilmember O'Donnell's
term—until the general election in November.
She said the Council had interviewed four candidates for this position: Heydar"Tony"Pourian,Jon
Welner, Jack Ryan and Erica Mesker. She recommended the Council consider making an
appointment tonight.
Mayor Fraser opened the floor for public comment. There was none.
Councilmember Fredericks said the community was fortunate to have several great applicants.
Fredericks believed broad experience,particularly in land use,was very important for this position,
as well as the willingness to run in the upcoming election to maintain the seat. She nominated Jon
Welner for the appointment.
Vice Mayor Kulik believed this to be a particularly significant appointment, given the fact that the
individual appointed will sit on the Council for nearly a year and the near-term issues approaching
the Council. He spoke to the attributes of each individual candidate, and said all had excellent
skillsets. He believed Jon Welner to be uniquely qualified for the position,and said he would support
the nomination.
Councilmember Thier thanked the applicants,and agreed that all were well-qualified for the position.
She stated her intention to abstain from the vote because she was unable to take part in the interview
of one of the candidates.
Mayor Fraser thanked the applicants as well.He said each brought forward unique skills,passion and
energy,and he hoped those individuals not appointed would continue pursuing Town service.Fraser
agreed that experience with both land use, and experience on the Planning Commission, were
Town Council Minutes #02-2016 January 17, 2018 Page 4
particularly valuable skillsets for the Council. He said he would support the nomination for Jon
Welner.
MOTION: To appoint Jon Welner to an interim position on the Tiburon Town Council,to serve
until the date of the general election on November 6, 2018.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik
ABSTAIN: Thier
ABSENT: One Vacant Seat
AI-2. Romberg Center Shoreline Restoration Project—Consider encroachment permit and
proposal from Romberg Tiburon Center for Environmental Studies to install eucalyptus
branch arbors along Blackie's Pasture shoreline(Department of Public Works/Office of
the Town Manager)
Associate Engineer Lashkevich gave a brief summary of the proposal from.the Romberg Tiburon
Center for Environmental Studies to install approximately 30 experimental eucalyptus branch arbors
along the Blackie's Pasture shoreline to train the vegetation to grow taller and act as a high-tide
refuge for wildlife species. Lashkevich said this project had been unanimously supported by the
Parks, Open Space and Trails Commission, and he introduced Dr. Katharyn Boyer to speak further
on the project.
Dr. Katharyn Boyer spoke about the impacts of sea level rise on local shorelines, and said the
resulting flooded shorelines could be well-observed in Marin County. She said shoreline habitats are
suffering because the wildlife that live there need a sanctuary away from the high tides,and they rely
strongly on high vegetation canopies, some of which are already not high enough.
Dr. Boyer said tonight's proposal is to add eucalyptus branches to the shoreline of Blackie's Pasture
to simulate debris in marshes to give marsh plants something to grow up and over. She said this will
provide a higher plant canopy for wildlife refuge.
She said this project would be monitored quarterly over the next two years in association with the
Richardson Bay Audubon Society and youth leaders to teach them about sea level rise and climate
change.
Councilmember Fredericks asked if the plants and arbors would be creating a new habitat for the
wildlife. Dr. Boyer said it could function as a habitat,but would mostly serve as a place to get out of
the water when the tide is too high.
Councilmember Thier asked if there was any chance the eucalyptus branches could sprout.Dr.Boyer
said they would not.
Mayor Fraser and Vice Mayor Kulik expressed concern about the height of the proposed arbors. Dr.
Boyer said the arbors would be of a modest height, and will not be a visual impairment to the view.
Town Council Minutes #02-2018 January 17, 2018 Page 5
She added that the height of the plants will naturally vary, but confirmed it would depend on the
height of the arbor.
Mayor Fraser opened the floor for public comment. There was none.
MOTION: To approve the proposal and direct staff to approve an encroachment permit authorizing
the Romberg Center to perform the proposed work.
Moved: Thier, seconded by Fredericks
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
AI-3. Lyford-Ned's Way Undergrounding — Receive staff update on Rule 20A
Undergrounding Project,consider additional fund allocation toward project and consider
authorizing Town Manager to negotiate for further Rule 20A credits (Department of
Public Works/Office of the Town Manager)
Director of Public Works/Town Engineer Barnes reminded the Council of previously set utility
undergrounding priorities using the Town's Rule 20A funding. He said staff has been working with
PG&E to underground the utilities between Lyford and Ned's Way since 2014 using those funds in
compliance with those goals.
Barnes said this project boundary includes a utility running through the property of a school,which
would also need to be undergrounded. He said this significantly increased the estimated cost of the
project, and because the project now exceeded the available Rule 20A credits the Town had
available, PG&E could not accept the project.
He said the Town worked with PG&E to develop a solution:to fund the project using Rule 20A and
Rule 20B funding. As design progressed,the cost of the project was anticipated to rise again, and at
this time, more Rule 20A credits are needed to complete the project.
Barnes said it is possible the Town could acquire additional Rule 20A credits from another
jurisdiction at an advantageous price. He said that given this possibility,there were several options to
consider. He said the Town could a) continue with a combined Rule 20A/Rule 20B project and
purchase the additional Rule 20A credits needed; or b) convert the Rule 20B funds into 20A credits
and purchase the additional Rule 20A credits needed. He requested the Council consider allocating
funds to a Rule 20A/Rule 20B project and consider authorizing the Town Manager to begin
negotiating purchase of additional Rule 20A credits from other jurisdictions.
Councilmember Fredericks asked about procedure for purchasing credits. Town Manager Chanis
said it is difficult to find transactional history of the transfer of Rule 20A credits,but staff has been
able to identify several municipalities that may be willing to negotiate with the Town for a transfer.
He said the process only requires an agreement between the two entities.
Town Council Minutes#02-201$ January 17, 2018 Page 6
Fredericks asked for confirmation that a successful negotiation would be brought back to the Council
for review. Chanis confirmed that staff would return to the Council with any proposal,and that staff
will be trying to negotiate the best possible deal.
Mayor Fraser expressed concern over the escalating cost estimates for this project over the last
several years, and wondered if the additional funds requested were meant to cover a contingency.
Town Manager Chanis and Director Barnes explained that the Council could defer the additional
fund allocation toward this project until reviewing the credit transfer proposal, and clarified the
differing dollar amounts requested depend on if the Council opts to continue the project as a Rule
20A/Rule 20B project or convert it into an entirely Rule 20A project.
Mayor Fraser further expressed concern about the rising cost of this project,and believed the Council
should set a standard for what would be an acceptable price to pay for the credits and the project, so
as to not have an unexpected cost increase again and later be in a situation where it is too late to turn
back with the project.
The Town Manager said staff will return to the Council with any proposal received, and if that
proposal is unpalatable, the Council can refuse the proposal and not go forward with the credit
transfer. He said,however,at that point,the Town would still have"paid"for the project design with
Rule 20A credits.
Fredericks and Vice Mayor Kulik asked the staff to expand on the expenditure for design of the
project. Director Barnes said that the nearly completed design would likely still be viable if the
Council or a subsequent Council saw an opportunity to do the Rule 20A/20B project at a later date
instead,when construction costs were better.Town Manager Chanis added that any"expenditure"on
the design of this project is not necessarily Town money, but would be deducted from the Town's
Rule 20A credit account.
Councilmember Thier inquired about the length of time between estimates. Director Barnes
confirmed 4 years had passed since the first estimate, at no design, and now the design is nearly
completed.
Councilmember Fredericks asked if the Town has made an expenditure on the design of the project,
and wondered if credits will be lost if the Council opts to not go forward with the project. Town
Manager Chanis explained that the design is nearly complete and PG&E has not yet made any
deductions from the Town's Rule 20A account,but will.He said if the Council decides to go forward
at reasonable time frame in the future instead,the design will likely be at least partially salvageable.
Kulik suggested the Council only authorize the Town Manager to begin negotiations with other
jurisdictions to acquire credits to get a better idea of what credits are available and potential costs.
Chanis said this would not hinder getting the best rates, but it was important to not delay the
additional Council consideration so as to not delay construction into another construction season.
Town Council Mingles 802-2018 January 17, 2018 Page 7
Kulik asked for a timeline on acquiring the credits. Chanis said there had been some interest, but it
would be difficult to estimate an accurate timeline without having the authorization from the Council
to seriously negotiate.
Mayor Fraser liked the Vice Mayor's suggestion. He said a special meeting could be scheduled to
review the proposal if necessary.
Mayor Fraser opened the floor for public comment.
Jack Ryan,Hawthorne Drive, said the Council should feel optimistic about advantageous pricing at
this time.
Mayor Fraser closed the floor.
Councilmember Fredericks believed the Council should take into consideration the risk of plans
going stale due to the push to install small cells on poles. Town Manager Chanis agreed this factor
was something to consider.
MOTION: To direct the Town Manager to negotiate with other jurisdictions to obtain, at the most
favorable terms, approximately $1,424,000 in Rule 20A credits, with any resulting
agreements to be brought back to Council for final approval.
Moved: Thier, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik, Thier
ABSENT: One Vacant Seat
AI-4. Virginia Drive Utility Undergrounding District — Consider adoption of resolution
approving Preliminary Engineer's Report, recordation of boundary map with County
Recorder and setting a public hearing on the matter(Office of the Town Manager)
Town Manager Chanis gave a brief history of the entirely residential Virginia Undergrounding
District,including the district boundaries and an overview of actions taken thus far by the proponents
of the district to gather petitions and subscription deposits. He said the proponents gathered enough
petitions to satisfy both state law and Town policy, and raised $114,000 of subscription deposits,
including some donations from supportive neighbors outside the district.
Chanis also reminded the Council of the Town's policy on undergrounding districts,specifically the
notion that residents are encouraged to pursue the formation of undergrounding districts,but 100%
of the cost will be borne by the property owners in the district, and there is no assurance of the
availability of other funds.
The Town Manager said the Council is considering the Preliminary Engineer's Report tonight,which
provides a preliminary cost estimate of total project costs,determines general benefit(in this case,no
general benefit), and the special benefits assessed to each parcel. Chanis also reviewed the
assessment methodology weightings used determine each parcel's special benefit,and said it was the
Town Council A4inutes 402-201.5 January 17, 2018 Page 8
same weightings used in the recent Hawthorne Undergrounding district.
Chanis concluded his report by saying the Council has several options available to them tonight: to
accept the Preliminary Engineer's Report and pursue the project, provide direction to staff about
additional actions or information needed before further consideration, or to reject the report and
abandon the project.
Vice Mayor Kulik asked the Town Manager to expand on why neighbors outside the district
contributed subscription deposits. Chanis presumed those neighbors' views would be enhanced.
Mayor Fraser asked about staff's confidence in the preliminary cost estimate of the project. Chanis
said the cost estimate is the responsibility of the engineer,but staff has done a thorough review of the
estimate, and given all known facts, believed it reasonable with an appropriate contingency. He
added that it is possible with any construction project that the bids come in higher than anticipated or
unforeseen conditions arise during construction.
Councilmember Fredericks commented that the district will only be responsible for the actual final
cost of the project, but if it is more than the estimate, a supplemental petition will be required.
Chanis confirmed this point.
Mayor Fraser opened the floor for public comment.
Audrey Fancy, Virginia Drive, expressed support for undergrounding, despite the high cost, and
spoke about the safety benefits of undergrounding.
Ryan Aytay, Upper Cecilia Way, said he owns a home in the district, and spoke in support of the
safety benefits of undergrounding.
Luciana Castro, Virginia Drive, told a story about a pole falling down in the district, and spoke in
support of the project.
Maria Castro-Dara, Sutter Court, said she was one of the neighbors outside of the district that
contributed subscription deposits and spoke in support of the safety and reliability benefits of
undergrounding.
Mayor Fraser closed the floor for public comment.
Councilmember Fredericks commended the neighborhood for coming together on this project, and
for having a realistic sense of the risks involved,and being willing to take that risk for the betterment
of the neighborhood.
Vice Mayor Kulik agreed with Fredericks. He said he saw support in all areas of this project, and
would vote to accept the report.
Town Council Minutes #02-2018 January 17, 2018 Page 9
Mayor Fraser agreed with the rest of the Council. He said this district has shown a strong sense of
community.
MOTION: To adopt the resolution approving the Preliminary Engineer's Report,and direct staff
to mail notices of the proposed assessments and ballots to property owners at least 45
days prior to the Public Hearing which is set for March 21,2018 at 7:30 p.m., and to
record the Boundary Map with the County Recorder within 15 days of the adoption
of the resolution.
Moved: Fredericks, seconded by Kulik
VOTE: AYES: Fraser, Fredericks, Kulik
DISQUALIFIED: Thier
ABSENT: One Vacant Seat
TOWN COUNCIL REPORTS
None.
TOWN MANAGER REPORT
None.
WEEKLY DIGESTS
Received.
ADJOURNMENT
There being no further business before the Town Council of t Town of Tiburon, Mayor Fraser
adjourned the meeting at 9:10 p.m.
JIM F ER, MAYOR
ATTEST:
P
EE 1
LEA STEF NI, TOWN CLERK
Town Council Minutes #02-2010 January 17, 2018 Page 10