Loading...
HomeMy WebLinkAboutTC Min 2018-02-07 TOWN COUNCIL SPECIAL & REGULAR MEETING MINUTES SPECIAL MEETING —6:00 P.M. On February 7, 2018,the Council held a special meeting as follows: CALL TO ORDER PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik ABSENT: COUNCILMEMBERS: Thier, 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, Town Clerk Stefani ORAL COMMUNICATIONS There were none. OATH OF OFFICE The Town Clerk administered the Oath of Office to Councilmember Jon Welner,and he took his seat on the dais. PUBLIC HEARINGS PH-1. Hawthorne Undergrounding — Conduct public hearing, count ballots, and consider adoption of resolution confirming assessments or abandoning proceedings (Office of the Town Manager) The Town Manager said the Council will hold a Public Hearing on this item tonight. He said the Mayor will clearly indicate when the Public Tearing is closed, and only ballots received prior to the closure of the Public Hearing will be counted. He said property owners may change their vote prior to the end of the Public Hearing if they wish. Chanis said the Town Council will recess for the vote tabulation,which will occur in the adjoining conference room. He said the district engineer and staff will conduct the vote count, and bond counsel and the Town Attorney will observe. He said that while this process is open to the public, space is limited, and therefore, the vote count will be projected in real time on the screen in the Council Chambers for everyone to follow along. Town Council Minutes 403-2010 February 7, 2018 Page I After the vote count is complete, the Council will reconvene and staff and bond counsel will report the vote results. Chanis said the Council will then have the opportunity to deliberate prior to adoption of the appropriate resolution based on the outcome of the vote. Chanis reviewed a tentative timeline of the project if there is not a majority protest and the Council proceeds with the project. He said staff would not anticipate starting construction until Spring or Summer 2019, and briefly reviewed financing information for property owners. He also reminded property owners of their responsibility to install the lateral connections before the poles are removed. Mayor Fraser opened the Public Hearing. Elena Stephens,Hawthorne Drive, spoke in support of the safety,reliability and aesthetic benefits of the project. Robert Chandler, Hilary Drive, spoke in opposition to the project and said he could not afford the assessment, and would likely have to sell his home. Richard Sideman, Mara Vista Court, spoke in support of the safety benefits of the project. Diane Newman,Hawthorne Drive, said she was aware of several ballots getting lost in the mail and expressed concern about votes not being received. Barb Elliot, Hilary Drive, questioned why the district engineer's firm is involved with the ballot tabulation and asked if it was a conflict of interest. Park Allen, Hilary Drive, spoke in support of the project. Mayor Fraser closed the Public Hearing,and asked staff to comment on the question raised about the engineer conducting the vote count. Chanis said the firm has done hundreds of similar projects, and has significant experience in conducting a vote count like this one. He said staff will be involved in the vote count, and in addition, the vote count will also be observed by bond counsel and the Town Attorney. The Council went into recess for the vote tabulation at 6:25 p.m. The Council reconvened at 7:30 p.m. The Town Clerk and bond counsel reported the results of the vote count: 101 ballots were tabulated, representing a total assessment amount of $10,487,012.88. 54 ballots were counted in favor, representing a total assessment amount of$5,538,526.15 and 52.8%. 47 ballots were counted in opposition,representing a total assessment amount of$4,948,486.73 and 47.2%. 6 ballots that were received were not tabulated for reasons including an inability to validate signatures,duplicate ballots with opposite votes, or ballots without a vote marked. There was not a majority protest. Bond Town Council Minutes#03-2016 February 7, 2018 Page 2 counsel further explained that these unverifiable ballots would not have changed the outcome of the vote. The Mayor called for a motion. MOTION: Adopt the Resolution Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for Town of Tiburon Assessment District No. 2017-1 (Hawthorne Undergrounding District). Moved: Fredericks, seconded by Welner VOTE: AYES: Fraser, Fredericks, Welner DISQUALIED: Kulik, Thier ADJOURNMENT—to regular meeting REGULAR MEETING — 7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:40 p.m. on Wednesday, February 7, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner ABSENT: COUNCILMEMBERS: None 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,Town Clerk Stefani ORAL COMMUNICATIONS Eric Artman asked the Council to consider designating an existing `Loading Zone' on Main Street into a handicapped parking space. PRESENTATION P-1. Mayor's Proclamation —Police Commendation The Mayor presented a proclamation of commendation to Detective Russell Stiverson and Sergeant Shane Ford of the Tiburon Police Department,and thanked there for their excellent police work on a recent burglary case. Town Council Minutes #03-2018 February 7, 2018 Page 3 CONSENT CALENDAR CC-l. Town Council Minutes—Adopt minutes January 10,2018 special meeting(Town Clerk Stefani) CC-2. Town Council Minutes — Adopt minutes of January 17, 2018 special and regular meetings (Town Clerk Stefani) CC-3. Town Signature Authority—Adopt resolution authorizing check signing authority to reflect changes in the composition of the Town Council (Director of Administrative Services Bigall) CC-4. IT Coordinator—Authorize IT Coordinator staff position and shared services agreement (Department of Administrative Services) Councilmember Fredericks asked to remove Consent Calendar Item No. CC-2 for discussion. MOTION: To adopt Consent Calendar Items 1, 3-4, as written. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous CC-2. Town Council Minutes — Adopt minutes of January 17, 2018 special and regular meetings (Town Clerk Stefani) Councilmember Fredericks amended Page 8, Paragraph 6 to read: "Councilmember Fredericks believed the Council should take into consideration ...". MOTION: To adopt Consent Calendar Item 2, as amended. Moved: Thier, seconded by Kulik VOTE: AYES: Unanimous PUBLIC HEARINGS PH-l. Tiburon Tourism Business Improvement District— Conduct public hearing to: a. Consider any protests to continue TTBID assessments as set forth in Resolution No. 0l-2018 b. Consider adoption of resolution to continue TTBID assessments as set forth in Resolution No. 0 1-2018 Town Manager Chanis said the Council adopted a resolution of intent at their previous meeting to continue levying assessments on the lodging establishments in Town to continue funding the Tiburon Town Council Minutes#03-201k3 February 7, 2018 Page 4 Tourism Business Improvement District. He said tonight is the required public hearing for the Council to consider any protest associated with the district, and if there is none, the Council may continue to levy the assessments for another year. Chanis added that the assessments help to fund Destination Tiburon and both lodging establishments have representation on the board of Destination Tiburon. Mayor Fraser opened the public hearing. There was no comment. MOTION: Adopt the resolution to Collect and Levy Assessments to fund the Tiburon Tourism Business Improvement District. Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous ACTION ITEMS AI-1. Town Council Board and Committee Assignments — Adopt updated list of Town Council committees and board representations for 2018 (Mayor Fraser) Town Clerk Stefani said members of the Council are appointed to serve on a variety of local and regional boards and committees and a number of Town ad hoc subcommittees. She said it is now timely for the Council to conduct its annual review of the appointments and make any changes or fill any vacancies for the coming year. Mayor Fraser said he would like Vice Mayor Kulik to serve on the Town Budget ad hoc subcommittee with him. The rest of the Council agreed. State and Regional Agencies Councilmember Welner volunteered to serve as Alternate to the Association of Bay Area Governments, and as Delegate to the Marin Clean Energy Board of Directors. Councilmember Thier volunteered to serve as Delegate to the Community Development Block Grant Priority Setting Committee, and as Alternate to the Marin Emergency Radio Authority Board. Vice Mayor Kulik volunteered to serve as Alternate to the Richardson Bay Regional Agency Board. Town of Tiburon Ad Hoc Subcommittees Mayor- Fraser volunteered to serve on the McKegney Green Renovation ad hoc subcommittee. Councilmember Fredericks volunteered to serve on the Utility Undergrounding Assessment District Policy ad hoc subcommittee. Councilmember Welner expressed interest in forming a new ad hoc subcommittee for technology usage and turning the ad hoc subcommittee to study the Martha project into a standing committee on Toren Council Minutes 403-2019 Februauy 7, 2018 Page 5 which he could join. Staff and Council determined both requests could be handled at a later date. MOTION: To adopt the Town Council Committee Appointments List, as revised. Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous AI-2. McKegney Field—Receive update on the McKegney Field Improvements Project and authorize staff to put the project out to bid (Office of the Town Manager/Department of Public Works) Director of Public Works/Town Engineer Barnes summarized previous Town Council actions taken on this project. He said the Council had agreed on a strategy to fund the$1.8 million field by sharing the cost with private entities. Barnes said the local soccer and lacrosse clubs had come forward willing to fundraise the required $400,000. The Town Council subcommittee recommended the soccer club fundraise$300,000 (and be allotted 75%of playtime on the field),and the lacrosse club fundraise $100,000 (and be allotted 25% of playtime). Barnes said the design is complete,the project is ready to bid,and the soccer club has guaranteed the total fundraising amount. He recommended the Council authorize putting the project to bid. Vice Mayor Kulik asked Barnes to clarify if the soccer club is guaranteeing the total $400,000 amount or only their $300,000 portion? Director Barnes said the soccer club has already raised $300,000, and has guaranteed the total $400,000. Mayor Fraser opened the floor for public comment. John Porter, Southern Marin Lacrosse Club, expressed concern about the fundraising process and said it was not clear how the lacrosse club would benefit from the proceedings as the club has not been able to raise the agreed-upon$100,000. Mattias Kodzoman, Tiburon Peninsula Soccer Club, said the soccer club could guarantee the $400,000 fundraising and hoped the Council would approve proceeding with the project. Mayor Fraser closed the floor. Councilmember Fredericks said she supported putting the project to bid,but expressed concern about the possibility that bids come in at a cost higher than the estimate. Councilmember Welner inquired about the existing use policy. Director Barnes clarified that the field is closed for league play during the winter months, and unless the field is reserved in advance for sports, the field is open for play for anyone. Fredericks inquired further if use of this field will be more constrained for maintenance purposes, and if the field will be available for both sports and general use. Barnes explained the field is open Town Council Minutes #03-2018 February 7, 2018 Page 6 for use as long as it is not too wet to play on. I-Ie said the field is not used for sports purposes often outside of league play, and the general use of the field does not cause as much wear on the field. Director of Community Development Anderson clarified further that the existing use policy is a permit process. For example,sports leagues are required to submit an application to reserve the field, and define the days and hours it will be used. Anderson said the use policy was developed for a different field, and suggested a review of the use policy prior to completion of the field. Mayor Fraser suggested putting the use policy on a Parks, Open Space and Trails agenda and consider an updated policy reflective of the investment in the field. MOTION: To authorize staff to put the McKegney Green renovation project out to bid. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous AI-3. Bench Plaque Exemption — Consider exemption request for bench plaques on Town property (Office of the Town Manager) Town Manager Chanis said the Trestle Trail project is now nearing completion,and staff received a request from the Trestle Trail organizing committee for exemption to a long standing Town practice to not allow memorial benches. He said the Council had approved inclusion of 4 benches (without plaques) in the original design. Chanis added that the Council had also approved memorial plaques to be embedded in the timbers of Trestle Trail and a donor-dedicated sign at the site. The Town Manager explained the Town's policy on memorial naming does not specifically address memorial benches, but a standard letter issued upon inquiry by the Heritage & Arts Commission does specifically indicate the Town does not permit memorial benches. He further clarified that while there is no specific policy that prohibits memorial benches,it has been a long standing practice for at least 20 years to not allow them. He said this request was first heard by the Heritage & Arts Commission, which voted in favor of the exemption. Jim Wood,Trestle Trail organizing committee, said the committee was requesting approval of four memorial plaques on the backs of benches. He said they would be similar- in appearance to the plaques already approved by the Council. Mr. Wood believed the Trestle Trail donors qualify for naming rights,as the standards are outlined in the existing Town policy. He further spoke in support of the project memorializing Tiburon's railroad history. Vice Mayor Kulik asked about the content of each plaque. Mr. Wood replied that the plaques could have the donor's name and a quote to enrich the plaque, to be approved by the Town. Councilmember Thier thanked Mr. Wood for his work and the work of the organizing committee on the Trestle Trail project. Mayor Fraser opened the floor for public comment. There was none. Town Council Minutes -103-2018 February 7, 2018 Page 7 Councilmember Fredericks believed the Town's practice to not allow memorial benches was appropriate, and said historical practices are not always memorialized in policy. She said this exception might not generate the same concern memorial benches in other areas would because the Trestle Trail site is more isolated, but it may still generate the possibility of more requests for memorial plaques. Councilmember Thier spoke in support of the project and said the Town's policy does not preclude memorial benches. She believed the request was in accordance with the policy,and the Trestle Trail project was of great historical significance. She further believed the placement and confined area of Trestle Trail made this request a limited circumstance, and reiterated the fact that the request was approved by the Heritage & Arts Commission. She said she would support the request. Vice Mayor Kulik agreed that this may be a unique situation given the isolated and concentrated area of the Trestle Trail site, and said memorial plaques would be consistent with the rest of the project. He believed the process of having a hearing and asking for an exemption to be important so as to give proper attention to past practice, existing policy and precedent. He supported the proposal. Councilmember Welner also believed the Trestle Trail site to be uniquely concentrated, and agreed that memorial plaques would be consistent with the rest of the project. He said he could support the proposal and believed this approval would not necessarily set a precedent for future memorial benches or plaques. Councilmember Fredericks said she had been persuaded by the rest of the Council to support the proposal if the approval restricted the exception to the de facto policy to these proposed benches. She urged the Council to revisit this policy in the near future. Mayor Fraser questioned the general public's awareness of this opportunity and expressed concern over how these select individuals were chosen for an opportunity that others might have liked to have had too. He felt troubled by the lack of public awareness, and said he would abstain from the vote. Mr. Wood said he shared the same concern,and said their team went to every effort they could to get the word out, including local media. MOTION: To approve the exemption request as it applies to only the proposed benches discussed. Moved: Thier, seconded by Welner VOTE: AYES: Fredericks, Kulik, Thier, Welner ABSTAIN: Fraser TOWN COUNCIL REPORTS Councilmember Thier said she may be absent from the next meeting, and the Council confirmed there would be a quorum for the meeting. TOWN MANAGER REPORT Town Council Minutes #03-2018 February 7, 2018 Page 8 The Town Manager reminded the Council of the upcoming Neighborhood Association Summit scheduled for February 13 and said all were welcome to attend. WEEKLY DIGESTS Received. ADJOURNMENT—to special meeting SPECIAL MEETING On February 7, 2018, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner PRESENT: EX OFFICIO: Town Manager Chanis,Town Attorney Stock CLOSED SESSION 1) Conference with Lel4al Counsel—Anticipated Litigation Significant Exposure to Litigation Pursuant to Paragraph (2) of Subdivision (d) of Government Code Section 54956.9: (1 Potential Case) ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:05 p.m. JIM FRAS R AIMR ATTEST: S 9 LEA STEFANI, TOWN CLERK Town Couned Minutes 903-201$ February 7, 2018 Page 9