Loading...
HomeMy WebLinkAboutTC Agd Pkt 2013-09-18TOWN OF TIBURON Tiburon Town Hall 1.505 Tiburon. Boulevard Tiburon, CA 94920 Tiburon Town Council September 18, 2013 Closed Session — 6:30 p.m. Regular Meeting — 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION-- 6:30 P.M. CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:1 case arising from pending expiration of the Town's settlement agreement with the Martha Company CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Fraser, Councilmember Slavitz, Vice Mayor Fredericks, Mayor O'Donnell CLOSED SESSION ANNOUNCEMENT IF ANtiTY ORAL COMMUNICATIONS Persons wishing to address the Town. Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred. to the appropriate Comn-dssion, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS ! Drever Family Foundation Proclamation - Proclamation thanking the Drever Family Foundation for its sponsorship of the Art By The Bay exhibit ® Marin Telecommunications Authority (MTA) Presentation — MTA and Community Media Center of Marin (CMCM) presentation regarding request for MTA Board of Directors to provide special, interim funding for CMCM (Barbara Thornton, MTA Executive Director, Michael Eisenmenger, CMCM Executive Director) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town. Council, public or staff to remove an item for separate discussion and consideration. If you wish to speale, on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. ACTION ITEMS 1. Tiburon Boulevard Relinquishment Analysis - Consideration of budget amendment to fund Caltrans Project Scope Summary Report (PSSR) and request for direction regarding Assembly Bill 747, the legislation authorizing relinquishment (Town iManager regarding 0 ZD Curran, Town Attorney Danforth, Public Works Director Nguyen) 2. Parking Plan - Consideration of recommendation to appoint an ad hoc Parking Z!, Committee of two Councilmembers, direct the Committee to work with staff on the development of a comprehensive approach to parking for future Town Council consideration and related authorization of funds. PUBLIC HEARING 1. 20 Upper Cecilia Way -Consideration of application to amend the Tiburon Highlands Precise Development Plan to expand the existing building envelope in order to construct C) an exterior stairw ay at the rear of the house (Assistant Planner O'Malley) Applicants: Michael and Audrey LeN7ernier AP No.: 034-360-24 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS ® Town Council Digests ests September 6 & 13, 2013 1 0 ADJOURNMENT GENERAL PUBLIC INFORMATION 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 - 73-77. 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.tiburon.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. To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting September 18, 2013 Agenda Item: Subject: Recommendation to Receive Presentation from Marin Telecommunications Authority (MTA) and Community Media Center of Marin (CMCM) regarding request for special funding for CMCM operations over the next four years Reviewed By: BACKGROUND The Town of Tiburon is a member of the Joint Powers Authority Marin Telecommunications Authority; Councilmember Jim Fraser is the Town's appointee to the MTA board. MTA was formed originally to assist the Marin cities in negotiating a contract with Comcast. MTA collects franchise fees paid by Comcast and remits most of those fees to the member agencies. Additional fees, referred to as PEG or Public, Education and Government fees, are used to fund the Community Media Center of Marin (CMCM) to create resources and access to the airwaves for public programming. The executive directors of MTA and CMCM, Barbara Thornton and Michael Eisenmenger, respectively, will be present to appraise the Town Council of its request of the MTA Board of Directors to approve special "gap" funding over the next four years for the CMCM program. There is no financial impact associated with this presentation. Special funding of CMCM as requested would serve to lower the franchise fees the Town receives from MTA from 2013 until 2017. The presentation will speak to the impact of various funding proposals. RECOMMENDATION Staff recommends that the Town Council receive the presentation. Exhibit: Prepared By: Summary of CMCM Request for Funds Peggy Curran, Town Manager TOWN OF TIBURON PAGE 1 OF 1 Summary of Key Information Regarding Community Media Center of Marin's Request for MTA Franchise Fee Funding during 2013-2017 "Bridge" Period IVITA's iurisdiction includes Video Service Provider Franchises with Comcast, AT&T and Horizon Cable. They provide Franchise and PEG fee revenues to MTA. Franchise Fees - Providers pay Franchise Fees (5% of Gross Revenues) to MTA for use of the public right of way. Providers collect these fees from CAN subscribers. - MTA pays members their share of franchise fees based on provider revenue reports. - Franchise fees are unrestricted revenues for Tiburon. - Tiburon's FY 2012-2013 franchise fee revenues were $175,000. 2. Public, Education & Government - (PEG) Fees - AT&T, Comcast in unincorporated Novato, and Horizon franchises pay PEG fees to MTA (1 % of Gross Revenues). - Comcast - MTA Franchise pays PEG fees to MTA (.5% of Gross Revenues until approximately January 2017, and 1 % thereafter). - PEG fees restricted to use for video services/PEG. - MTA pays PEG fees to CMCM for Media Center and PEG channel operation. MTA - Community Media Center of Marin (CIVICIVI) Agreement 1. MTA contracts with the CMCM to manage and operate the Media Center and the 3 PEG channels which are broadcast on Comcast channels 26/27/30 and AT&T channel 99. 2. MTA provided the CMCM $3 million in upfront monies received from Comcast to build and operate a media center and PEG channels. Quarterly PEG fees received from the video service providers are also provided to the CMCM. 3. Initial 5 year MTA-CMCM Agreement expires October 31, 2013. New Agreement is being negotiated. CMCM funding is a key item in the negotiations. CIVICIVI is requesting additional funding for 2013-2017 during a "bridge" period until MTA receives 1% PEG fees from Comcast. 1. Current CMCM funding - PEG fees from MTA, membership/course fees, fees for services, donations/grants, investment income, use of reserve funds. 2. CMCM's 5 year 2013-2018 budget projections include: - Capital expenditures of $715,000 given equipment is reaching end of service lives. - Annual operating deficits assuming no use of current reserves for operating expense. To date reserves have been used to fund annual budget deficits. - Retains $500,000 as minimum reserves level. Reserves currently are $982,000. - Requests franchise fee funding from MTA during 2013-2018. 3. MTA's proposal considers providing CMCM $660,000 from franchise fees during a "bridge" period and spread over the years 2013-2017. This will reduce franchise fee revenues to MTA members. 4. Tiburon's estimated total share of $660,000 spread over 2013-2017 is: - Hybrid calculation method - $38,958. - Tiburon's 5.27% share of total franchise fees method - $34,750. Tiburon Stf Rpt Attach me nt091213f ina 1 9/12/2013 To: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council From: Office of the Town Manager Office of the Town Attorney Department of Public Works Town Council Meeting September 18, 2013 Agenda Item: Subject: Request for Consideration of Recommendations to Approve Budget Amendment to Fund Preparation of the Caltrans Project Scope Summary Report (PSSR) and Provide Direction to Staff Regarding Assembly Bill 747 (Relinquishment Legislation) Concerning Possible Relinquishment of the Downtown Portion of Tiburon Boulevard Reviewed By: i3 % BACKGROUND On March 2, 2012, at the Town Council's annual retreat, Council and staff discussed the possibility of the Town seeking a relinquishment by Caltrans of the downtown portion of Tiburon Boulevard from Lyford Drive to Main Street. Staff was directed to investigate the process for, and costs and benefits of, relinquishment. On May 2, 2012, the Town Council directed staff to send a Letter of Interest to Caltrans to commence the relinquishment process with the understanding that Council intended to review the matter again before making a final decision to proceed. Caltrans responded to the Town and informed us that, while willing to enter into a process for relinquishment, it is only able to move forward on a "no cost" (to it) basis. Caltrans subsequently initiated the preparation of a Transportation System Analysis and Evaluation (TSAE), which is prepared by its staff and must be approved by Caltrans headquarters. The TSAE completion is anticipated to be complete sometime this year. On February 20, 2013, staff reported to the Town Council with a discussion of costs and benefits, and identified the next step in the Caltrans process, the preparation of a Project Scope Study Report or a PSSR. Staff reported that Caltrans would charge the Town $108,000 for this analysis, a sum considerably lower than its initial estimate of $180,000. At that meeting Council endorsed the notion of proceeding with the PSSR, but determined that one more attempt should be made to get Caltrans to reduce its cost or otherwise approach relinquishment on a stronger financial partnership basis. The Council appointed an ad hoc committee, composed of Mayor O'Donnell and Vice Mayor Fredericks, to work with staff and Caltrans. Staff and Council agreed that the PSSR was unlikely to include all the information the Town Council would require for its consideration. Staff suggested a course of action that held preparation of the PSSR as a first step, TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting September 18, 2013 followed by whatever additional cost /benefit analysis was necessary to fill in the gaps of that study. Also on February 20, 2013, the Town Council authorized staff to work with Assemblyman Marc Levine's office to introduce legislation that would enable Caltrans to relinquish control of a portion of Tiburon Boulevard to the Town. Assemblyman Levine subsequently introduced the legislation as Assembly Bill 747 ( "AB 747 "). The Assembly has passed the bill and it is being held on the Senate floor. The bill can remain on hold until the end of the current two -year session in August of 2014. Mayor O'Donnell sent a letter to Caltrans on April 11, 2013 asking for a reconsideration of cost - sharing for relinquishment. Caltrans responded on July 8, 2013 stating that it cannot reduce or contribute to the PSSR cost. Staff convened the ad hoc committee to consider the matter. The committee recommended that the matter return to the Town Council for authorization for the PSSR, as well as to consider new information in the matter of the legislation necessary to enable relinquishment should the Town Council eventually choose it. DISCUSSION Project Scope Summary Report As discussed above, to advance this proposal the Town must fund the Caltrans PSSR at a cost $108,000. This mandatory document evaluates the environmental, engineering and other aspects of the subject property and includes a survey (identifying the boundaries of the property changing hands), a necessary prerequisite for a land transfer of this nature. The PSSR typically takes twelve to fourteen months to complete. The current Town budget does not include funding for this study. Accordingly, if the Council wishes to continue the process of investigating relinquishment, the Council must adopt a budget amendment. Legislation During the February 201h meeting, staff emphasized that AB 747 would not become law until the Town Council was satisfied that the Town should assume responsibility and control over the subject portion of Tiburon Boulevard. At that time, staff assumed that the PSSR would be completed during the 2013 -2014 Legislative Session. However, that now appears unlikely. If the bill does not become law during the current session, the Town would have to begin the legislative process from the beginning when the next session begins in the fall of 2014. In that event, the new relinquishment bill would not become law until sometime in 2015. Relinquishments take effect on the first day of the year after the process is complete, meaning that the Town would not control the subject portion of Tiburon Boulevard until January 1, 2016 at the earliest. Given this potential for delay, staff has explored an alternative path for Town Council's consideration. The express language of AB 747, by itself, does not allow Caltrans to relinquish the roadway unilaterally. The bill authorizes Caltrans to do so if the Town and Caltrans reach an agreement providing for that relinquishment. In a conference call with the Town Manager, Town ' TOWN OF TIBURON Page 2 of 3 Town Council ;Meeting September 18, 2013 Attorney and Town Engineer, Caltrans staff confirmed that AB 747 does not authorize relinquishment without the Town's consent.' Accordingly, the Council could decide to allow AB 747 to become law before Caltrans completes the PSSR and still retain the right to abandon relinquishment if the Council determines that Caltrans' proffered agreement is not in the Town's best interests. This approach has the benefit of establishing the enabling legislation regarding relinquishment without compelling it in any way. This status could prove very beneficial should unforeseen delay occur or the Town, for whatever reason, choose to abandon the current relinquishment effort but wish to pursue it again at a later point. Adopting the legislation in this session would eliminate the need to repeat the minimum one -year process the legislation requires without compromising the Town's options in any way. Staff believes this is an advantageous way to proceed that has no downside for the Town and is agreeable to both Assemblymember Levine's office and Caltrans. Staff wants to emphasize that the notion of relinquishment remains "under study" through the actions proposed in this report. The entire matter will return to the Town Council once the PSSR, and likely additional analysis, are completed to enable the Town Council and community to make a determination on whether or not to proceed in light of that information. FINANCIAL IMPACT The current estimate for the cost of the required Project Scope Summary Report is $108,000. This amount was not budgeted in the current fiscal year; funds are available in the General Fund Unallocated Reserve for this purpose. RECOMMENDATION Staff recommends that the Town Council determine whether the Town should continue with the relinquishment process and, if so, 1. Authorize a budget amendment of $108,000 to fund the cost of Caltrans' PSSR, and 2. Direct staff to pursue final enactment of AB 747 during the 2013 -2014 Legislative Session Prepared By: Peggy Curran, Town Manager Nick Nguyen, Director of Public Works /Town Engineer Ann Danforth, Town Attorney ' Staff expects to receive a letter from Caltrans confirming this position within the next week or two. T04� N OF TIBURON Page 3 of 3 To: Fog,= TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting September 18, 2013 Agenda Item: Subject: Recommendation to Appoint an ad -hoc Downtown Parking Committee Consisting of Two Councilmembers and Authorize Budget Expenditure of up to $10,000 for Additional Consultant Analysis Reviewed By: ' �, BACKGROUND The Town Council has recently discussed various parking- related issues concerning its Downtown area, including physical improvements recommended in the Downtown Circulation and Parking Analysis report and the possibility of parking enforcement in private lots. The complexity of the issues has demonstrated the need for consideration of an ad hoc committee to study and consider these issues with staff in some depth prior to additional consideration by the full Council. The purposes of the committee would be to perform research, conduct outreach to stakeholders and formulate recommendations regarding parking issues for consideration by the full Town Council. The committee may require additional consultant services to adequately research and formulate recommendations regarding parking improvement strategies for Downtown. Staff recommends authorization of up to $10,000 for such services in the event they are needed. These funds are available in the adopted budget and no budget amendment is required. RECOMMENDATION: It is recommended that the Town Council: 1) Appoint two of its members to serve on an ad -hoc Downtown parking committee for the purposes outlined above; and 2) Authorize up to $10,000 for consulting services in support of the committee's efforts from the adopted budget. Prepared By: Scott Anderson, Director of Community Development _