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HomeMy WebLinkAboutTC Agd Pkt 2006-10-18 TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 October 18, 2006 5:30 P.M. - Workshop (Fountain Plaza) 6:30 P.M. - Closed Session 7:30 P.M. - Regular Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.liburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Agenda - Town Council Meeting October 18, 2006 Page 2 of 3 AGENDA WORKSHOP - (5:30 P.M. - Fountain Plaza, Corner of Main Street and Tiburon Boulevard) . Discuss final design of plaza regarding location, placement and material of benches and pots CLOSED SESSION - (6:30 P.M. - Town Hall) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 94956.9(b)) One Case - (Kol Shofar Appeal, letter from appellant's attorney dated September 6, 2006) CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Fredericks, Council member Slavitz, Vice Mayor Gram, Mayor Smith ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Councii meeting agenda. Please limit vour comments to no more than three (3) minutes. CONSENT CALENDAR 1. Approval of Town Council Minutes - October 4,2006 2. Recommendation by Director of Administrative Services - Accept Town Monthly Investment Summary for August 2006 3. Recommendation by Mayor - Commendation of South Knoll Tot Lot Fundraising Team of Pamela Bonnie and Derice Tao for their Service to the Town of Tiburon - Resolution REGULAR AGENDA 4. Recommendation by Director of Public Works/Town Engineer - Provide Direction to Staff for Final Design of Fountain Plaza pursuant to Site Visit 5. Recommendation by Town Manager - Consideration of Request by Jt. Recreation Committee for Funding to Conduct Summer Camp/Program Marketing Study - Budget Amendment 6. Recommendation by Director of Administrative Services - Consideration of Request by City of San Rafael for Amendment to the Marin Telecommunications Agency Joint Powers Agreement Regarding Disbursement of Franchise Fees - continued from October 4, 2006 Agenda - Town Council Meeting October 18, 2006 Page 3 of 3 COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS . Town Council Weekly Digest - October 6, 2006 . Town Council Weekly Digest - October 13, 2006 ADJOURNMENT - to a special meeting on October 24, 2006 at Bel Aire School FUTURE MEETINGS . October 24,2006 - Special Meeting, 7:00 p.m., Bel Aire School Multi-purpose Room (Kol Shofar) . October 28, 2006 - Fountain Plaza Grand Re-Opening with Unveiling of Sculpture, Coming About . November 1,2006 - Regular Meeting, 7:30 p.m. . November 15, 2006 - Special Meeting, 7:00 p.m., Bel Aire School Multi-purpose Room (Kol Shofar) . November 29, 2006 - MCCMC, 6:00 p.m. (Servino's) . December 6, 1006 - Regular Meeting, 7:30 p.m. (Election of Mayor) . December 13, 2006 - Holiday Party (Servino's) FUTURE AGENDA ITEMS . Authorize Budget Amendment for Maintenance of Trees on Town Property at South Knoll- (November 1) . Approve Conditions of Town Encroachment Permit and Conveyance of Easement for MMWD Pipeline Replacement Project along Multi-Use Path . "Project Lightspeed" Encroachment Agreement . NIMS (Emergency Management Training) Certification for Town Staff . Abandon old Drainage Easement and Accept new Drainage Easement - 6 Mateo Drive . Replacement of Light Standards on Tiburon Boulevard . Annual Development Fee Report . Fee Schedule and Hourly Rate updates . Revisions to Local CEQA Guidelines regarding EIR preparation and format IL /j . L7L ilL JU' O. ! TOWN COUNCIL MINUTES CALL TO ORDER Mayor Smith c~Ued the regular meeting ofthe Tiburon Town Council to order at 7:30 p.m. on WednesdaY, October 4,2006, in Jown Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali~__ /~/ ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Smith ABSENT: COUNCILMEMBERS: Gram PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Nguyen, Chief of Police Odetto, Town Clerk Crane Iacopi Prior to the regular meeting, Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Siciliano v. Town oJTiburon In re: Del Mar Valley Co. oj Marin v. Martha Company ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Smith said that no formal action was taken on the matters discussed in closed session. ORAL COMMUNICATIONS None. INTRODUCTION AND ADMNISTRATION OF OATH OF OFFICE - NEW TOWN MANAGER Margaret (Peggy) Curran Town Council Minutes # 19-2006 October 4, 2006 Page 1 Town Clerk Crane Iacopi administered the oath of office to Ms. Curran who then thanked the Council for the opportunity to serve as Town Manager. Mayor Smith presented Ms. Curran with a Town of Tiburon sweatshirt. INTRODUCTION OF NEW TOWN EMPLOYEE Scott Phillips (Assistant Planner) Director of Community Development Anderson introduced Mr. Phillips, a native of Lafayette, most recently worked for the City of Reno, Nevada. Mr. Phillips thanked the Council for creating the position of Assistant Planner and said that he too was happy to become part of the Tiburon staff. ORAL PRESENTATION Belvedere- Tiburon Joint Recreation Committee Annual Report - Bruce Mulder, Director Mr. Mulder welcomed Town Manager Curran to Tiburon and also thanked Interim Town Manager Bigall for all her hard work and said that he had enjoyed working with her during the transition. Director. Mulder said that the mission statement ofthe Committee was "to provide quality recreational and educations programs that inspire and enrich the lives of children and adults in the community while maintaining a self-supporting agency." Mulder said that the Committee had an annual budget of over $600,000 and provided programs for over 8,000 participants per year. He said that during the past year and a half, the committee had operated without interruption during the transition of-new director, office supervisor and two other staff positions. The highlights ofthe JI. Recreation program line-up, according to Mulder, are the studio ballet program and after-school academy. He acknowledged the support of the Reed Union School District Administration in providing expanded sites at Reed and Bel Aire Schools for the latter program. On the other hand, Mulder said, the summer camp program had not been as successful. He listed market competition, including new facilities at Tiburon Peninsula Club, and said that this would continue to present a challenge for the Committee. For that reason, Mulder said that the Committee had prepared an RFP for a summer camp study and market analysis that would be undertaken after meeting with the managers of the City of Belvedere and Town of Tiburon the following week. Town Council Minutes # 19-2006 October 4. 2006 Page 2 Mr. Mulder referred to his written report and said that historically, the Committee had enjoyed a net income in eight out of the last 10 years. He said that he hoped for continued success in the future. Councilmember Slavitz said that his children utilized the Jt. Recreation programs and that they were a great service to the community. He noted that the even though there had been a drop in camp participation, it had not affected the overall revenue stream. He asked Mr. Mulder to explain. Mr. Mulder said that the after-school programs, especially at Reed, were doing very well and had maximum attendance. He also said that there was increased participation in adult programs and ballet, and that the Committee had also raised program fees. Councilmember Slavitz asked which programs might be curtailed. Mr. Mulder said that the consultant would study this question and make recommendations. He suggested that the summer program might be reduced as part ofthe overall budget. Councilmember Slavitz said that he had been concerned about the success of the programs while the schools were being remodeled. Mr. Mulder again thanked RUSD and said that both Bel Aire and Reed had committed a classroom each to Jt. Recreation and that the summer program might well be moved to those sites as well, once the field work was finished. Councilmember Berger said that academic summer camps might have an appeal to the community. Mr. Mulder agreed, and said that they had a program called "campus connection" at Reed last summer. Mayor Smith agreed with the recommendations to evaluate the programs while adding that the Committee did "great things" for the community. Jt. Recreation Committee member Jerry Riessen acknowledged the hard-working staff and said that the Committee's mission would continue to be served even though it received no direct funding from the city or town, unlike other programs in other cities. He did acknowledge the help from RUSD and the Town and City through the use offacilities at those locations. Report accepted. CONSENT CALENDAR 1. Approval of Town Conncil Minntes - September 6, 2006 2. Recommendation by Director of Administrative Services - Amend Check Signature Authorization Authority - Resolution Town Council Minutes # 19-2006 October 4, 2006 Page 3 3. Recommendation by Director of Administrative Services - Authorize Funding Request - Chamber of Commerce Oktoberfest 4. Recommendation by Town Attorney - Adopt Policy Concerning Use of Public Resources and Ethics Training Requirements pursuant to Assembly Bill 1234 - Resolution 5. Recommendation by Town Manager - Commendation of Angelo Servino and Servino Ristorante, Tiburon Peninsula Chamber of Commerce Business of the Year - Resolution 6. Recommendation by Chief of Police - Authorize Budget Amendment to Purchase Replacement Defibrillators MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 6, as written. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Gram REGULAR AGENDA 7. Recommendation by Director of Administrative Services - Consider Requesting the Marin Telecommunications Agency to Revise Joint Powers Agreement regarding Disbursement of Franchise Fees Interim Town Manager Bigall gave the report. She said that in June of this year, the cities (through MT A) had sigoed a Master Franchise Agreement with Comcast. Prior to the adoption of this agreement, the fees collected for the cable franchises went directly to the cities. Now, according to Bigall, the franchise fees went to MT A and were distributed to the cities after MT A took its administrative portion. Ms. Bigall said that the City of San Rafael opposed this practice and had asked for support from the other cities to revert to past practice by amending the agreement. She said that San Rafael and Larkspur had voted in favor of the amendment; she said that the City Council of Mill Valley had discussed the item and, while they had not formally taken a vote, had declined to support San Rafael's request. In response to questions from Council, Ms. Bigall said that the amendment would be revenue neutral. Town Manager Curran added that the administrative portion taken by MT A was 8% (in Tiburon's case). Mayor Smith asked if the matter was time sensitive and whether it could wait for Tiburon representative Gram's comments. Town Council Minutes # 19-2006 October 4, 2006 Page 4 Councilmember Fredericks also said that she did not know the answer to the question of whether this proposed amendment would put the town in a better position vis a vis all of the changes in the telecommunications industry and the related issues of federal and state versus local control. MOTION: To continue the item to the next meeting for comment from Town MT A representative Gram. Smith, seconded by Slavitz AYES: Unanimous ABSENT: Gram Moved: Vote: 8. Recommendation by Director of Community Development - Consider Acceptance of Annual General Plan Implementation Status Report for FY 2005-2006 Director Anderson gave the report and said that with the recent adoption of the General Plan, the Town has a lengthy list of programs to implement. He said that the annual report would be used a both a blueprint and a tracking mechanism, which would also be consulted during the budget development process each year. Mr. Anderson said that the Planning Commission had reviewed the annual report on September 27 and made several program priority changes. One such change was to the Open Space Management Program (OSC-G). Anderson noted that the Council had appropriated $50,000 in a designated fund for this purpose, but that the Commission recommended that the funding be increased and actual action taken to prepare the management plan and physically improve and maintain open space areas. Anderson also said that the Commission wanted to see continued emphasis on energy conservation programs by moving in the direction of purchasing town vehicles that were hybrid or bio-diesel. The Commission acknowledged the success of the Town's installation of solar panels on Town Hall. Another area targeted by the Commission for increased priority was the seismic improvement program for Town infrastructure, due to its importance as a life-safety issue. In addition, the Commission recommended that the Town continue to add to its Affordable Housing set-aside or in-lieu fund even though it no longer collected tax revenue through the Redevelopment Agency. Finally, Mr. Anderson said that while it was not a program listed in the General Plan, the Commission indicated that the informal park & ride lots near the Lyford Drive intersection with Tiburon Boulevard should be given serious attention for aesthetic improvement because they were an entrance to downtown Tiburon. Town Council Minutes # /9-2006 October 4, 2006 Page 5 He recommended that the Council review and comment on the report which would be forwarded to the appropriate state agencies after completion. Councilmember Fredericks said that she did not agree with the assessment that Lyford Drive was the "entrance" to downtown Tiburon. Director Anderson said that there are many opinions on this issue, and that many people believe that the Mar West Street intersection is the more logical beginning of the downtown area. Mayor Smith said that he had spoken to a couple of the Commissioners about the history of the Lyford Drive informal park and ride area. He said that the Commissioners knew the limitations of the lots and did not seek improvements such as additional lighting, but more of an aesthetic upgrade in terms oflandscaping. Councilmember Slavitz asked about the status of the Pan Pacific Ocean affordable housing overlay site listed in the General Plan. Director Anderson said that there was an application filed a few years ago with the County of Marin for this site and that the application had recently been reactivated. The Town had pre-zoned the site but was not pursuing annexation. Finally, in response to a question from Councilmember Berger, Director Anderson said that the Matrix Study (Community Development Department organizational review) had indeed called for the hiring of an additional planner to help implement the General Plan programs, including a comprehensive update of the Zoning Ordinance. He said that he would continue to report to Council on the progress of implementing the Matrix Study recommendations. MOTION: To accept the annual General Plan status report as presented, incorporating the recommendations of the Planning Commission. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Gram Moved: Vote: PUBLIC HEARING None. COUNCIL AND COMMITTEE REPORTS Councilmember Fredericks noted the upcoming MCCMC meeting in Belvedere on October 25 and said that Tiburon was hosting the event on November 29. Town Council Minutes # 19-2006 October 4, 2006 Page 6 WRITTEN COMMUNICATIONS . Town Council Weekly Digest - September 8, 2006 . Town Council Weekly Digest - September 15, 2006 . Town Council Weekly Digest - September 22,2006 . Town Council Weekly Digest - September 29,2006 No comments on Digest. ADJOURNMENT On behalf of the Council, Mayor Smith again thanked Heidi Bigall for her excellent work over the last six months as interim Town Manager. He said that she had done a "great, professional job" and that it had been a "seamless transition" after Alex Mcintyre left. Ms. Bigall said that she appreciated the Mayor's comments and was happy that Peggy [Curran] was on board. There being no further business before the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 8:10 p.m., in honor of his friend John Steinhart, to the next regular meeting scheduled for October 18, 2006. PAUL SMITH, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 19-2006 October 4, 2006 Page 7 Town of Tiburon STAFF REPORT AGENDA ITEM :< D'" . . ." TO: Mayor and Members of the Town Council FROM: Heidi Bigall, Director of Administrative Services SUBJECT: Monthly Investment Summary - August 2006 MEETING DATE: October 18, 2006 REVIEWED BY: ... . . . . . . ... . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . . TOWN OF TIBURON Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $21,747,809.26 4.946% Liquid Investment Fund (LAIF) Total Invested: $21,747,809.26 TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $967,562.74 4.946% Liquid Investment Fund (LAIF) Total Invested: $967,562.74 Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week fallowing the month ended. Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. .--;----z 1 J 3 1;-(Ctt /L 0, ,-- --r RESOLUTION NO. 44-2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING PAMELA J. BONNIE AND DERICE SEID TAO FOR THEIR DISTINGUISHED SERVICE TO THE TOWN WHEREAS, Pamela J. Bonnie and Derice Seid Tao, as concerned parents and members of the community were instrumental in the upgrade of an important Town asset, the popular toddlers play area known as the Tugenberg Playground. WHEREAS, Pamela and Derice, of Tiburon and Belvedere respectively, on March 11,2003 proposed to the Parks aud Open Space Commission formation of an ad hoc subcommittee to study and oversee the renovation and update of the Playground which was originally established in 1992 through the guidance of Margo Zender. WHEREAS, Pamela and Derice researched current safety compliant manufacturers of playground equipment and surfaces, visited many neighboring parks in nearby towns and conferred with the Town Engineer regarding expansion of the area, design, pricing and lay-out. WHEREAS, Pamela and Derice researched funding opportunities and were directly responsible for the $17,500 in contributions received from the Belvedere Community Foundation, Herbst Foundation aud the Carol and Denuis Rockey Foundation; additionally, they collaborated in obtaiuing the donations from the Tiburon Peninsula Foundation and Wells Fargo, and a State recycled waste management grant. WHEREAS, Pamela and Derice conceived a grass roots fundraising plan which entailed designing all of the publicity materials and included a delightful and easily recognized logo. WHEREAS, Pamela and Derice were responsible for the raising of $40,000 due to their personal efforts in the continuation of sales of commemorative tiles. WHEREAS, Pamela and Derice organized the September 24, 2006 Ribbon Cutting Ceremony and Celebration of the new beautifully upgraded Tugenberg Playground. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby recognize and commend Pamela J. Bonnie and Derice Seid Tao for their three and a half years of dedication, diligence and hard work to provide the Tiburon Peninsula with a beautiful and safe recreation area for young children. PASSED and ADOPTED at a regular meeting of the Tiburon Town Council on October 18, 2006, by the following vote: AYES: COUNCILMEMBERS: PAUL SMITH, MAYOR Town of Tiburon ATTEST: Diane Crane Iacopi, Town Clerk Town of Tiburon STAFF REPORT AGENDA ITEM ~ ..... . . . . . . . .. . . . . . . . .. . ..... . . ... . .. . . TO: Mayor and Members of the Town Council FROM: Nicholas Nguyen, Director of Public WorksfTown Engineer SUBJECT: Fountain Plaza Art Installation - Provide Direction to Staff for the Final Design of the Fountain Plaza Pursuant to Site Visit ~ MEETING DATE: October 18, 2006 REVIEWED BY: ~ BACKGROUND AND DISCUSSION On February 2, 2005, the Town Council selected the Coming About fountain design by Reed Madden Designs (RMD) as the finalist for the downtown fountain plaza art project. At the time, Coming About consisted of a 22-foot-diameter, 18-inch deep pool with seven stainless steel kinetic sail elements. Subsequent Council action milestones include the following: . March, 1, 2006 - the Council approved the concept plan for the downtown plaza prepared by Pedersen Associates (PA) and subsequently approved entering into an agreement with PA to provide construction drawings, estimates, and inspection services on March 15, 2006. . April 5, 2006 - the Council approved a set of changes to the RMD scope of work which refined various design elements of the fountain. . June 7, 2006 - the Council approved a contract amendment that expanded RMD's limits of construction to include the construCtion of the outer perimeter concentric concrete ring, fabrication and installation of three feature benches that match the fountain benches, miscellaneous concrete work, and additional excavation, which are all consistent with and called out in the PA plaza design. . September 6,2006 - the Council directed staff to provide four (4) mock-ups of 4-foot black benches to simulate an arrangement in the field consistent with the original Pedersen Associates plans. Mock-ups of the planter pots will also be available to complete the field review. The field workshop is scheduled for October 18th at 5:30 pm. The fountain artists indicated to staff that they would provide four (4) 5-foot mock-ups of "teak-colored" benches to provide another option. In conjunction with the field workshop scheduled earlier at 5:30 pm, staff has placed this item on the agenda to provide Council with an opportunity to continue the discussion if needed. D'.', . . .. . . 10/13/2006 1 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM RECOMMENDATION It is recommended that the Council provide direction to staff for the final design of the Fountain Plaza bench and planter pot configurations. 2 of 2 Town of Tiburon STAFF REPORT .5 AGENDA ITEM . . . . ., . . ., . . . . . . . . . . . . . . . ., . . . . . . ., . . . . . . . ., . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: MARGARET A. CURRAN, TOWN MANAGER BELVEDERE - TIBURON JOINT RECREATION COMMITTEE: REQUEST FOR FUNDING FOR ANALYSIS OF SUMMER CAMP PROGRAMS SUBJECT: MEETING DATE: OCTOBER 18, 2006 REVIEWED BY: MARGARET A. CURRAN \ I V\.~I1-)J) " . . . . . . . . . . . . . . . . . . . . . . . .. ................ BACKGROUND AND ANALYSIS Over the past several years the summer camp program conducted by the Belvedere Tiburon Joint Recreation (BT JR) Committee has experienced decreasing attendance and a concomitant drop in program revenues. In an effort to better understand this apparent trend, the BT JR board directed its staff to prepare and issue a Request for Proposals (RFP) for an analysis of the summer camp market in the area and to make recommendations to the Committee and staff regarding the future of the program. The RFP also solicited proposals to provide services to conduct a community recreation needs assessment, which would constitute a separate and distinct second phase of analysis. Only Phase I, the summer camp assessment, is under consideration at this time. The BT JR Committee wishes to award a contract for the Phase I scope of work to P/aysafe, LLC. This firm, which provides recreational consulting and services, has substantial experience in conducting these kinds of analyses. Their bid for the work is $14,000. BT JR also solicited a bid from former BT JR executive director Barbara Creamer. She has offered to conduct a parallel analysis of the summer camp program from her unique vantage point for $3,000. BT JR wishes to award both of these contracts for a combined total of $17,000. In prior discussions between representatives of Belvedere, Tiburon and BT JR, an agreement was reached that Belvedere and Tiburon would pay for the summer camp analysis. If split along the traditional lines of 75%/25% between Tiburon and Belvedere, the Town's share would be $12,750. At the monthly MayorsNice Mayors/Managers meeting between Belvedere and Tiburon on October 10th, this agreement was again discussed and the ra" . . ~ . . Town of Tiburon STAFF REPORT AGENDA ITEM participants confirmed the arrangement. Mayor Paul Smith asked that this item be placed on the Tiburon Town Council agenda for October 18th for confirmation and to authorize funding. Funds would come from the General Fund Unallocated Reserve. No agreement has been reached regarding funding for Phase II. If and when it is determined to proceed with that analysis the matter will be raised again for discussion between the parties. RECOMMENDATION Staff requests that Town Council consider this matter and authorize a budget amendment in the amount of $12,750 from the General Fund Unallocated Reserve to pay for this Phase I summer camp study. EXHIBIT October 10, 2006 letter from Bruce Mulder, Recreation Director pc.BTJR funding. 2006. doc ~~.1IBU80 ~~ '-t * ~ ~.~) ..---.-.: Recreation ... -- RECEIVED OCT I C 2006 October 10, 2006 TOWN MANAGERS OFFICE TOWN OF TIBURON Ms. Peggy Curran Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Ms. Peggy Curran, I am writing on behalf of the Belvedere-Tiburon Joinl Recreation Committee to request funding for a Summer Camp Recreation Program Marketing Study. In recent years our summer programs have experienced a substantial decline in revenues. We believe the market is changing and is growing increasingly competitive. To address this concern the BTJRC is recommending this study. The BTJRC met in a Special Meeting on October 3, 2006 to review proposals for consulting services. In this meeting the BTJRC has recommended using two separate consultants in evaluating this area. We believe that each of these consultants is valuable and each brings a different perspective to this process. Playsafe, LLC submitted a proposal in response to our RFP. They have extensive experience in the field of parks and recreation, which includes recreation programming and marketing studies. A review of their references and credentials was very impressive. Their proposal to complete Phase I of our RFP was submitted at a cost of $14,000. In addition to using Playsafe, LLC the BTJRC has also recommended hiring the services of Barbara Creamer, the fomler Director of BTJR. It is believed that her expertise will be valuable in evaluating the programs, marketing and operations of the recent summer programs. Her historical perspective, knowledge of the market and internal operations will give us helpful insight into our summer programming. Her proposal was submitted for $3,000. Belvedere- Tiburon Joint Recreation appreciates the support from the Town of Tiburon and we hope that the Town will support this process to study our Summer Youth Programming. Thank you for your consideration and we look forward to working with you through this process. lru Bruce Mulder Recreation Director Belvedere- Tiburon Recreation cc. Denise Bauer, Chair BTJRC Jerry Riessen, Viee Chair BTJRC Belvedere-Tiburon Recreation Department 1505 Tiburon Blvd., Suite A. Tiburon, Califomia 94920 (415) 435-4355. Fax 435-8157 Town of Tiburon STAFF REPORT AGENDA ITEM b o . .... ~,QI JJ_.5IU ,,- o. ::~~r .0 V;;?~~~/J" ........o~~,o. .~ ~N'AT~(.. '. . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council Heidi Bigal!, Director of Administrative Services <::t:f- FROM: SUBJECT: Consider Request by City of San Rafael for Amendment to the Marin Telecommunications Agency Joint Powers Agreement regarding Disbursement of Franchise Fees MEETING DATE: October 18, 2006 REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,. . . . . . . . . . . . . . . . . . . . Attached, as an exhibit, is the Staff Report that was prepared on this matter for the Council's consideration at its regular meeting of October 4, 2006. Council continued the matter to allow Vice-Mayor Gram, Tiburon's representative on the MTA Board, the opportunity to provide his input on the subject prior to taking a formal position. Since writing the Staff Report for the October 4th meeting, the Towns of Fairfax and Ross have both taken a position on the City of San Rafael's request. The Town of Fairfax supports the proposed amendment while the Town of Ross opposes the amendment. To date, San Rafael, Larkspur and Fairfax desire the MTA to amend its Agreement of Formation to return to the previous practice of having Comcast remit franchise fees directly to each participating agency. Mill Valley and Ross do not support the amendment. Mill Valley and Ross both cite that the proposed amendment would not have a practical financial effect on the participating agencies. Exhibit 1. Staff Report, dated 10/4/06 AGENDA ITEM o , ." ~ gLUpt,; ~. 0_ fE/ ~f_o (\I,,~@~/ v\<::..'-"~;:::;:/~ ...,..\;;;.----..~;o.'O .('o<~~/... .' ~"'IA.-\~{.. '. , o Town of Tiburon STAFF REPORT COpy TO: Mayor and Members of the Town Council FROM: Heidi Bigal!, Director of Administrative Services SUBJECT: Consider Proposal to Amend Marin Telecommunications Agency Agreement of Formation - Redirect Payment of Franchise Fees MEETING DATE: October 4,2006 REVIEWED BY: Background In February 1998, the Town Council adopted a Telecommunications Ordinance and approved the Marin Telecommunications Agency (MTA) Agreement of Formation. The MTA was formed by combining the efforts of the County of Marin and the cities/town of Marin, except Novato, for the express purpose of negotiating a new franchise agreement with the local cable television provider. During the past decade the cable franchise provider has turned over several times due to corporate mergers or acquisitions. The current cable television provider is Comcast. After several years of negotiations, a new Franchise Agreement was approved and ratified by the MT A and Comcast in June of this year. Analysis Prior to the execution of the new Franchise Agreement, Tiburon's cable television Franchise Agreement was held by the Town and franchise fees were paid directly to the Town. The Town would then remit an annual payment to the MTA for its share of operating costs based on a subscriber-based formula. In FY 2005-06, the Town's contribution to the MTA was $9,200. As authorized by the Agreement of Formation, once the new franchise agreement was approved by the MTA, the flow of franchise fees from all agencies shifted from the local cities/towns directly to the MT A. The MT A then retains a portion of the franchise revenue to fund its budget and then rebates the net amount to the member agencies on the subscriber-based formula. In August, the City Council of the City of San Rafael requested each member agency to consider an amendment to the MTA's Agreement of Formation in order to return to the previous practice of how franchise fees were remitted (Exhibit 1). At issue is franchise fees being redirected away from local municipalities and placed under the administration of an independent governing body. In order to affect such a change, an amendment to the Agreement of Formation and the recently negotiated Cable TV franchise agreement would be required. In addition, an amendment to the MT A Agreement of Formation requires unanimous approval by all members. As of the writing of this Staff Report both the Cities of San Rafael and Larkspur have supported the amendment concept and Mill Valley has opposed. The Board of Supervisors has discussed the amendment but took no formal action. Though there is not unanimous support for the amendment, the MTA Executive Director has requested that each member agency consider the City of San Rafael's request to amend the MTA's Agreement of Formation (Exhibit 2). Town of Tiburon STAFF REPORT . . .", ~ Qf..lJ8() .... 4-\// "~o ''JEf ....:~~~)..... ('o\'k.~~l '9\~~.~~/:.o':' .../~(~,C\ .' ~t\'-iA-I"'(.. '. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Fiscal Impact By virtue of the Com cast Cable Franchise Agreement signing with MTA, the Town has shifted the local control of revenues to another agency. This arrangement is not consistent with how other JPA's are financed in which the Town participates. The Town of Tiburon receives approximately $120,000 per year in cable television franchise fees. Recommendation It is recommended that the Town Council discuss the issue and determine if it desires the MTA to amend both the Agreement of Formation and Franchise Agreement to return to the previous practice of payment of franchise fees. Exhibits 1. Letter from San Rafael City Manager, dated August 8, 2006 2. Letter from MT A Executive Director, dated September 26, 2006 October 13, 200€ page 2 of 2 Belvedere-Tiburon Joint Recreation REQUEST FOR PROPOSALS: Summer Camp / Recreation Program Marketing Study and Community Recreation Needs Assessment for the Belvedere- Tiburon Joint Recreation Committee Issue Date: August 21, 2006 Closinl!: Date: September 21, 2006 1. EXECUTIVE SUMMARY The Belvedere-Tiburon Joint Recreation Committee is issuing this Request for Proposals to define and evaluate the overall Community Recreation Program Market and Summer Camp Market, and make recommendations for improving program offering to best meet the needs of the community, while maintaining operational sustainability by maximizing revenues. The Tiburon Town Council recently adopted its General Plan, which calls for the creation of a Recreation Master Plan. This community recreation program marketing study of the Belvedere- Tiburon Joint Recreation Agency is seen as the first step in the larger process of eventually creating a comprehensive Recreation Master Plan. The marketing study is intended to have two separate phases. Phase I shall focus on the Summer Camp Programs with recommendations for the 2007 Camp season, as well as a needs analysis / survey of community to evaluate overall recreation programming and identify opportunities and service gaps. Phase II shall focus on overall community recreation needs assessment that is intended to become a piece of the Recreation Master Plan with recommendations for meeting the needs of City of Belvedere and Town of Tiburon residents, along with a proposal for a long-term plan / strategy that positions BTJR for financial sustainability. 2. NOTICE OF REOUEST FOR PROPSALS The Belvedere- Tiburon Joint Recreation Committee is issuing this Request for Proposals (RFP) for consulting services to evaluate the Summer Camp Program Market and the overall community Recreation program market to determine if there are modifications that should be made to current programs to meet the needs of Belvedere and Tiburon residents while maximizing revenue to the agency. The Belvedere-Tiburon Joint Recreation Committee may interview respondents to the RFP and may discuss and negotiate any changes to the agreement between the Committee and the consultant, and may receive the final report. The Committee must receive proposals from qualified consultants no later than September 21,2006 at 4:00 p.m. Three (3) copies of the proposal should be submitted to: BTJRC RFP Page I of7 Bruce Mulder, Director BTJRC Belvedere-Tiburon Recreation Committee 1505 Tiburon Blvd. Suite A Tiburon, California 94920 (415) 435-4355 directorlalbtrecreati on.org The Belvedere-Tiburon Joint Recreation Committee is an equal opportunity employer, and affirmatively ensures that all business enterprises will be afforded full opportunity to submit proposals in response to this notice and will not be discriminated against on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, veteran's status, sexual orientation, age or sex. The Belvedere-Tiburon Joint Recreation Committee reserves the right to reject or negotiate any and all proposals, and to waive any irregularity in negotiating a final contract and may make adjustments to the Scope of Work as described herein. 3. INSTRUCTIONS FOR SUBMITTING PROPOSALS 3.1 - RFP Issuance and Deadline for Chanl!:es This RFP will be issued on August 21, the opening date of the project. Requests for clarifications of the RFP must be submitted no later than September 14. Phase I and Phase 11 are to be proposed separatel y with Phase I being conducted first. These requests must be submitted in writing, specifically requesting any interpretation or correction, to Bruce Mulder, Director of Belvedere- Tiburon Recreation, by one of the following methods: I) postal service to 1505 Tiburon Blvd. Suite A, Tiburon, CA 94920; 2) FAX at (415) 435-8157; or 3) electronic mail ("e-mail") to director@btrecreation.org. 3.2 - Additional Task and Cost Breakdown Responses to the RFP should include the identification of any additional tasks, activities or research that might be required in conjunction with this project beyond those identified in the Scope of Work. The additional tasks and their costs should be clearly identified and described in the proposal. 3.3 - Deadline for Proposal Submittal Three (3) copies of the written proposal must be received by 4:00 p.m., on September 21, 2006. Proposals submitted after the deadline will not be accepted. 3.4 - Revisions and Supplements The Belvedere-Tiburon Joint Recreation Committee reserves the right to modifY, amend, revise or supplement any part of this RFP and is not responsible for any explanation, correction or interpretation of the RFP other than by written addendum delivered to each firm. No oral interpretations, corrections or explanations of any provision in the RFP shall be binding upon the Agency. Firms should acknowledge receipt of any addendum. BTJRC RFP Page 2 of7 3.5 - Proposal Format Each consultant's proposal shall include, at a minimum, the following information: 3.5.1 - ReQuired Firm Information a. Firm name, address, telephone number, FAX number, and "e-mail" contact address. b. Firm profile. c. List at least four (4) references with addresses and telephone numbers of current or past contracts for which the firm has performed or is performing that represents work of similar type, including scope and complexity. d. List of the firm's principals and employees with resumes of qualifications as well as agents and subcontractors that the firm anticipates assigning in conjunction with this project. Include the expertise of each individual who will be assigned to this project, along with a description of the work they are to perform. 3.5.2 - AvvroachlMethods Used to Perform the Proiect Detailed description of the services and methods by which the work set forth in the RFP will be performed. The description shall include, at a rninimum, the following items: a. Consultant's understanding of the services to be provided. b. A schedule for the completion of the key components of the project and the project as a whole based on a start date of no later than October 16, 2006. It is important to note that the Agency's fiscal year begins on March 1,2007. c. Consultant's expectations as to the roles and responsibilities of the City of Belvedere, the Town of Tiburon and specific tasks of the Belvedere- Tiburon Joint Recreation Committee and staff. 3.5.3 - Conflict of'Interest A statement which discloses any past, ongoing or potential conflicts of interest which the proposer may have as a result of performing work for this proposal. 3.5.4 - Cost of Services The proposed fee to provide the services requested along with a schedule of hourly billing rates for each individual who will be assigned to the project. Phase I and Phase Il should be proposed separately. 3.6 - Review of Proposals The Belvedere- Tiburon Joint Recreation Committee shall review and evaluate all proposals for completeness and responsiveness to the RFP in order to determine the qualifications, credentials and capabilities of the consultants required for the satisfactory performance of the project. The Committee will consider the experience and past performance of the consultant(s) in offering similar services, as well as cost, response times, and any other criteria deemed by the Committee as relevant. Proposals are scheduled to be reviewed by the Belvedere-Tiburon Joint Recreation Committee during the week of October 2,2006. BTJRC RFP Page 3 of7 3.7 - Terms and Conditions of Al!:reement The terms and conditions of the agreement include an understanding that the firm shall: a. Provide a copy of the appropriate insurance certificates, other proof of insurance or intent to provide insurance from the issuing company, including a description of types of coverage and dollar amount limits, as well as the Agents/Brokers/Underwriters certification. Specific Committee insurance requirements include comprehensive general liability with a combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate as well as comprehensive automobile liability with a combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. b. Agree that all work products become the sole property of the Agency. 4. SCOPE OF WORK 4.1 - Backl!round Information 4.1.1 Community Profile The City of Belvedere and Town of Tiburon are affluent, predominantly built-out communities with a combined population of approximately ] 0,800. According to 2000 census information the community consist of 616 children under 5, 689 children ages 5 to 9, 675 children ages IOta 14 and 445 youth ages 15 to 19. The communities are located on the Tiburon Peninsula in southeastern Marin County and consist of approximately 5.0 square miles ofland area. 4.1.2 Al?'encv Profile The Belvedere-Tiburon Joint Recreation Agency is a Joint Powers Agreement that was established in June 1975 in the aftermath of the adoption of Proposition 13. The purpose of the agreement was to create a recreation committee that would formulate, administer and operate recreation programs and facilities for the residents of Belvedere and Tiburon. The Agency's governing committee consists of seven members, three appointed by the City of Belvedere, three appointed by the Town of Tiburon and a seventh member appointed by and being a member of the Reed Union School District. The Reed Union School District includes both Cities. Through the years it has been expressly understood that the purpose of creating a separate public entity was to ensure that recreation services for Tiburon Peninsula residents would be supported by participant fees rather than subsidized by tax dollars. The mission of the Belvedere-Tiburon Recreation Agency is to provide quality recreational and educational programs that inspire and enrich lives of children and adults in the community while maintaining a self-supporting agency. BTJRC RFP Page 4 of7 The Agency's ability to maintain a self-supporting status can be attributed to the committee's emphasis on providing quality recreation programs while strictly allocating available resources. The Agency's budget supports three part-time staff and one full-time administrator, with hours totaling an equivalent of 3.1 full-time positions. The Committee has been careful not to obligate the agency to high overhead costs that are associated with owning and maintaining facilities, but rather in partnership using other public facilities. The department has a current annual operating budget of $632,105 generated almost exclusively from program fee revenue, which is broken down into Academy programs, Adult programs, Camps programs and Other Program Revenues. The Budget also has a category for Administrative Expenses, which outline the additional operational expenses that are not associated with specific program areas. The total Administrative expense budget is $289,032. In addition to the four administrative, staff the Agency also employs two full-time program staff, six part-time staff and up to 15 seasonal camp staff. The Agency also utilizes several independent contractors to conduct many specialized recreation programs. 4.2 - Scope of Services The Belvedere-Tiburon Joint Recreation Committees objective is to conduct an independent marketing and community recreation program analysis of the Summer Camp programs as well as an overall Community Recreation needs analysis and marketing study for the residents of the Tiburon Peninsula. 4.2.1 Phase I: Summer Camp Marketinf! Study and Community Prof!ram Survev . Comprehensive market study of Southern and Central Marin Summer Camp Programs, which defines our competition and identifies threats and opportunities. . Forecast of Camp Market for next five years. . Conduct needs analysis / survey of community to evaluate overall programming and identify opportunities and service gaps . Recommendations for Belvedere-Tiburon Joint Recreation based on comprehensive general recreation market analysis, community needs, available facilities and revenue generation. . Identify the most effective marketing strategies for reaching market segments to promote programs. 4.2.2 Phase II: Conduct a Community Recreation Needs Assessment and proposal of an Af!encv stratef!V that ensures Financial Sustainability . Inventory recreation space and facility needs of the community, as well as the agency, to identify current and future needs for programs, services and facilities. BTJRC RFP Page 5 of7 CONTRACT FOR CONSULT A nON SERVICES Consultant: Barbara Schultz Creamer, 1828 Village East Drive, Petaluma, California. 707765-1047, barbaracreamer@sbcgloba1.net, herein referred to as "Creamer". Recipient of Consultine Services: Belvedere Tiburon Joint Recreation Committee, 1505 Tiburon Blvd. Suite A, Tiburon, CA 94920. 415435-4355, herein referred to as "BTJRC". Purpose of Consultation Defined: Creamer and BTJRC have decided to enter into a consultative process together for the purposes of conducting a review of the Belvedere Tiburon Recreation Camp Programs. Camp Programs referred to herein include: Campus Kids (Ages 3.5 - 5), Paradise Park Camp (Ages 5 -7), Campus Connection (Ages 5 -II), Angel Island Junior Islanders (Ages 7-10), Island Adventure Camp (Ages 10 - 12), Teen Programs (Ages 12 - 14), Belvedere Sports Club (Ages 4 - 5), and Ballet Camp. The proposed services as stated by BTJRC in an e-mail dated 9/21/06, (attachment now titled, Proposed Services as outlined bv BTJRC) was to include a review of current budget information and recent brochures followed by meetings with the Recreation Supervisor and Director to discuss camps. BTJRC was then "hopeful that (the consultant) would be able to make recommendations about how (the recipient of consulting services) should proceed and what (the consultant's) role might be." Scope of Services: In order to meet the above objective, the following services will be rendered by Creamer: Reviews . Camp Program budget details which provide back-up to Camp Program figures in the approved budgets for FY 2005-06 and 2006-07. . Camp Program vendor contracts, ifnot included in the above budget detail. . General Budget sections that relate to Camp Programs for fiscal years 2005-06 and 2006-07. . Camp Program enrollment figures and profit margins for 2005-06 and 2006-07. . Recreation program evaluations, if any, conducted between 2004 to present. . Brief reviews of training materials, marketing materials, camp policies and procedures, daily schedules for each camp program in effect from 2004 to present. Page 1 of 3 Scope of Services Continued - Discussions with staff will include, but are not limited to, the following topics: . Strategies behind the development of the Camp Programs from 2004 to present. . Recreational trends observed as well as BTJR Committee and/or community Camp Program suggestions implemented or rejected. . Estimate of current population of youth in Belvedere and Tiburon broken down by age groups or grades: Ages 3 and 4, Kindergarten, Grades I sl_ 3"\ Grades 4th - 6th, Grades 7th _8th School enrollment records will be sufficient. . Budgeting methods. . Hiring practices and the staffs current experience with the part time employment market. . Overview of daily camp schedules and curriculums. . Administrative involvement in the development and implementation of the Camp Program's daily schedules and curriculums. . Estimated administrative time spent on the Camp Programs and an overview of the chain-of-command. . Marketing strategies and schedules for implementation. . Policies and procedures associated with Camp Program registrations. . Camp Program purchasing and reservation practices. . Vendor contract negotiations and the staffs philosophy pertaining to the use of contractors for Camp Programs. . Operational problems that would be apparent to BTJRC's clientele, including cancellation statistics, or any adverse experiences parents or children might have had while participating in BTJRC's programs. Final Report: . Preparation of findings, development of suggestions and final report. . Up to 1.5 hour review and discussion of the final report with the Chair and Vice Chair ofBTJRC. A!!encv Contacts and Roles: BTJRC's Director, Supervisor, and Camp Registrar will be providing the consultant with oral and written information that is needed to perform the services. Required documents will be requested from Bruce Mulder, Director of Recreation. The final report with findings will be delivered to BTJRC Chair Denise Bauer and a time for the discussion will be coordinated with her. Proiect Schedule: We agree to arrange the consultation appointments at a time convenient to all parties. Consultation shall be in person or when practical by phone. Documents provided by BTJRC to Creamer may be reviewed off the premises. It is both parties intent to have work commence on October 2, 2006 and be completed by October 16, 2006. Any problems or delays experienced during the consultation period will be resolved or negotiated with BTJRC's Chair Denise Bauer. Page 2 of 3 Fees: We agree to the following fee structure: $150.00 per hour. This fee wi11 apply to time required for reviewing and analyzing documents, meeting time in person and by phone and the preparation, presentation and discussion of a final report. Any administrative and travel fees incurred are included in the above rate. Hours to conduct the services under this contract will not exceed 20 billed hours. Payment is due 30 days from billing date. Acknowledl!ement of Past Association and Limitations: All parties acknowledge that Creamer was the acting Director of Belvedere Tiburon Recreation from 1988 to 2004 and in addition to the information collected above, will be using her previous experience and knowledge of the Belvedere Tiburon Recreation operations and Tiburon Peninsula community to formulate her suggestions to BTJRC. The services rendered under this contract are understood by both parties to be limited in scope. As a result, the suggestions in the final report mayor may not be relevant to current trends and community interests without the benefit oJ Jurther study. BTJRe's Director, Supervisor, and Camp Registrar will be providing Creamer with oral information and written documents that are required to effectively perform the services. Any information provided to Creamer by the administrative staff will not be audited as a part ofthe consultant's services. Any inability of BTJRC to provide the requested information to Creamer may affect the desired outcome for the final report. It is understood that the choice to implement and manner of implementing consultation suggestions is at the sole discretion of BTJRC and/or the administration and that outcomes of implementing any suggestions are not guaranteed. Termination of Contract: It is understood that either party can terminate the contract with notice in writing. Creamer will provide preliminary findings to BTJRC and she will be remunerated for any services rendered up to the time of termination. Barbara Creamer Consultant Belvedere - Tiburon Recreation Authorized Representative Date Date Page 3 of 3