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HomeMy WebLinkAboutTC Minutes 2013-09-18Mayor O'Donnell called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, September 18, 2013, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. PRESENT: COUNCILMEMBERS PRESENT: EX OFFICIO: Doyle, Fraser, Fredericks, O'Donnell, Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works /Town Engineer Nguyen, Police Captain Hutton, Minute Clerk Terry Hennessy Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: 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 CLOSET) SESSION ANNOUNCEMENT IF ANY Mayor O'Donnell said there was no announcement to report. Drever Family Proclamation Mayor O'Donnell read and presented a Proclamation entitled, "Town of Tiburon Proclamation Recognizing and Thanking The Drever Family Foundation for Art By The Bay ". The Proclamation recognized the Drever Family Foundation, guided by Board of Directors Maxwell Drever, Janice E. Drever, Richard R. Klein, Mitchell A. Karasov, Tiffany E. Baker, Edward J. Baker, Lauren A. Drever, Galen S. Drever, Noah E. Drever and Isabelle V. Drever, who introduced two artists, Jean Pierre Rives and Kiril Jeliazkov, to the Town Council and because of their extraordinary generosity, had offered to underwrite in its entirety the exhibition of the artists' work. Town Council Minutes #14 -2013 September 18, 2013 Page 1 Isabelle Drever accepted on behalf of the family and foundation, and expressed their appreciation to the Town Council, and other groups associated with the endeavor. She especially thanked Town Manager Peggy Curran for her assistance and guidance. 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 Barbara Thornton, Executive Director of Marin Telecommunications Authority, asked the Council's consideration to provide a portion of funding of the Media Center of Marin using franchise fees received from Comcast, AT &T and Horizon. Ms. Thornton noted Tiburon received $175,000 in franchise fees in 2012 -13. Public, Education and Government (PEG) fees are used to fund the Community Media Center of Marin (CMCM). Ms. Thornton reviewed the background of funding and a settlement agreement reached with Comcast to share equally I% of franchise fees until Comcast recoups $3 million. It is anticipated this will be accomplished by 2017. The agencies are asking for additional funding for the next four years. Michael Eisenmenger, Executive Director of Community Media Center of Marin (CMCM), reviewed the history and fonnation of CMCM. He showed video illustrating local council meetings; youth programs; vintage car show; senior activities; non -profit project and other community, government and educational uses of their facilities. A recent project entailed interviewing ten candidates coordinated by the League of Women Voters. Dominican University and local high school students learned how to conduct sports programs. Mr. Eisenmenger used a slide presentation to show comparable budgets of similar agencies in the U.S. and how CMCM provides more training opportunities than other agencies for less cost. He also illustrated equipment depreciation and replacement costs. He emphasized the agency has almost $1 million in reserves. Councilmember Fraser noted they have done a superlative job in the Marin community. He encouraged the community to find a way to keep the Media Center operating. The Mayor asked if others present wished to say anything. Larry Bragman, Fairfax Town Councilmember, noted there had been a Community Needs Assessment done by Tom Robinson, as well as a statistical analysis, and a media center was born from that process. By all measures it has exceeded all its goals and metrics. Harris Coen, filmmaker, said he has been creating videos using the facilities and assisting local non- profits with their fund raising activities. Town Council Minutes #14 -2013 September 18, 2013 Page 2 Marty Perlmutter, Tiburon resident, said he uses their facilities and has shown his work globally. Lynn Fox, Tiburon resident, said she has used their equipment for education project, for only $25 fee. Bruce Bagnoli, CMCM Board Chair, asked Council to consider the Media Center as an "electronic commons ". It provides wonderful programming for educators and, without additional support, the program is at risk. Their primary focus is to reach Marin residents. The Mayor thanked them for their presentation. The Mayor moved the Public Hearing as the next item on the agenda. PUBLIC HEARING 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 an exterior stairway at the rear of the house (Assistant Planner O'Malley) Applicants: Michael and Audrey Levernier AP No.: 034 - 360 -24 Tiburon Assistant Planner Kyra O'Malley gave the staff report. The application proposes an amendment to the Tiburon Highlands Precise Plan to expand the building envelope on the east side of the property to develop an addition to an existing upper deck and an exterior stairway connecting to a new at grade deck. On August 28, 013, the Planning Commission adopted Resolution No 2013 -09 recommending to the Town Council that the Precise Plan amendment be approved. In response to a question from Vice Mayor Fredericks, the Director of Community Development stated there had been a few similar requests to for minor adjustments to the building envelopes and there had been no adverse results; these requests are handled on a case by case basis. Michael Heckmann, architect representing owner Michael Levernier, who was also present, stated there is an existing spiral staircase which is unsafe for their twin boys and their elderly parents. Current access is difficult to the back garden. Council had no questions of the applicant. The Mayor opened the Public Hearing. There being no comments from the public, the Mayor closed the Public Hearing. MOTION: To adopt Resolution of the Town Council of the Town of Tiburon Approving an Amendment to the Tiburon Highlands Precise Plan (PD #15) to Extend Building Envelope on Property Located at 20 Upper Cecilia Way, as written. Town Council Minutes #14 -2013 September 18, 2013 Page 3 Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous 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 relinquislunent (Town Attorney Danforth, Town Manager Curran, Public Works Director Nguyen) The Town Manager presented the staff report which outlined the previous steps taken in the process of consideration of the Town asking Caltrans to relinquish the downtown portion of Tiburon Boulevard from Lyford Drive to Main Street. The Town sent a. Letter of Interest on 5/2/12; staff reported to the Council on 2/20/13 on the costs and benefits and the next step, which is the preparation of a Project Scope Study Report (PSSR). Caltrans prepares this required report, but the Town must pay its cost of $108,000. Curran said that at that same 2/20/13 meeting, Council appointed an ad hoc committee composed of Mayor O'Donnell and Vice Mayor Fredericks to work with staff and Caltrans. Council also directed the staff to work with Assemblyman Marc Levine's staff to introduce legislation that would enable Caltrans to relinquish control the portion of Tiburon Boulevard in question. Subsequently, AB747 was introduced, and can be kept on hold till August 2014, the end of the legislative session. She also said that Mayor O'Donnell sent a letter asking Caltrans to consider reducing the cost of the PSSR or offer other consideration; they responded in July of 2013, declining any reductions per their policies on relinquishment. The Town Manager said that Staff asks that Council to consider funding the PSSR, which evaluates the environmental, engineering and other aspects of the subject property and includes a survey. She said the PSSR will take 12 to 14 months and costs $108,000, requiring a budget amendment. The Council is also being asked to decide whether to proceed with the adoption of AB 747; the express language of AB 747, by itself, does not allow Caltrans to relinquish the roadway unilaterally; it may only occur if the Town and Caltrans reach an agreement providing for that relinquishment. She said that Staff recommends that the Council direct Staff to lift the hold on AB 747, rather than postpone enactment until the Council had made a final decision whether to assume responsibility for the roadway. In response to a question posed by Vice Mayor Fredericks, Town Attorney Danforth explained that initially Staff thought the Town would have sufficient information to make that decision during this legislative session. But that will not be the case because of delays in starting the PSSR. Attorney Danforth said if this legislative session passes by with enactment of AB 747, the process would have to start over, adding a year to the already lengthy process. She said Town Council Minaates #14 -2013 September• 18, 2013 Page 4 Council could permit enactment of the law now to avoid the need to re- starting the process in the future; the law would enable Caltrans to relinquish the roadway only with the Town's consent. She also said it is not necessary to wait for the PSSR to move forward with the legislation. In response to another question by Vice Mayor Fredericks, the Town Engineer outlined the parameters of the PSSR. There was a general discussion amongst the Councilmembers regarding the contents of a PSSR, which is a Caltrans requirement before it can relinquish property. Per the Town Engineer, the PSSR offers some benefit to the Town of enhancing the Town's data base regarding boundaries and utilities. In response to a question from Councilmember Slavitz, the Town Manager explained that annual maintenance is anticipated to be approximately $35,000, but an additional reserve amount would be set aside for periodic repaving, so the annualized cost for both these expenses would be approximately $125,000. In response to another question from Councilmember Slavitz, the Town Engineer stated that discussions with Caltrans had not proceeded to discuss additional costs but he knew there would be administrative costs. Councilmember Slavitz wondered what the rationale would be of doing an analysis now prior to knowing what the Town wants to do with the property after it is acquired; he understood there were discussions regarding a round -about near the library and other ideas he was not in attendance to hear. Councilmember Fraser said that the Town's Circulation Element and a long-term vision for the downtown, along with additional energy from a new property owner urged acquisition of this section of Tiburon Boulevard. In response to a question from Mayor O'Donnell, the Town Manager noted there are a number of areas the Town might want to reconfigure to make the Boulevard more functional. She said the Allens had reported some preliminary discussions with Caltrans regarding the right -of -way, including an apparent willingness on Caltrans' part to consider selling part of the right -of -way to them. Manager Curran added this was new information that had not been verified yet. The Town Manager emphasized the Town may wish to control «hat happens on Tiburon Boulevard; she said the possibility of Caltrans selling off right -of -way raised the question of whether the Boulevard would simply sit there unchanged without relinquishment, or if portions of it might start shifting into private ownership, altering the integrity of the right -of -way as a whole. The Mayor opened the discussion to the public. Randy Greenberg, Tiburon resident, suggested Council to ask Staff to create a list of the Town's vision for this section of Tiburon Boulevard; she strongly urged Council not to spend the $108,000 of residents' money before learning what the actual benefits will be. Town Council Allinutes #14 -2013 September-18, 2013 Page 5 Greenberg said that the Town also needs to know impacts of stone charge; impact on road bed as sea level rises; costs based on current road conditions, rather than historical costs. Ms. Greenberg noted there are a lot of pot holes on our local streets that can use the $108,000, plus the annual maintenance costs. She said she was not necessarily opposed to relinquishment, but urged the Council to proceed cautiously and get more information before authorizing the expenditure of $108,000 for the PSSR. There being no further comments, the Mayor retuned the discussion to the Council. Vice Mayor Fredericks noted in her experience the Boulevard has been paved twice from 1996 to 2011. Caltrans stated it should be paved every 8 years. She also noted revenue for paving is drying up; gas tax money is diminishing and the Council is looking at general funds to pay annual costs; and expressed concern about spending down their reserves; concerned about variables such as water tabs; sea rising; earthquakes. Vice Mayor Fredericks thought the Council should conduct a cost benefit analysis, noting a consultant will know what to look for. She said she did not have an opinion for or against the relinquishment at this time; had no objection to going forward with the legislation as long as it doesn't commit the Town to anything. She expressed her concern about going forward and expending any money without solid information and some vision of benefits. Councilmember Fraser noted previous Councils did a sterling job of maintaining financial stability; noted the Town has used reserves for very positive results for the downtown plan; stated the Council needs to determine key strategy; agreed there is a need to look at other elements; his experience shows him we need to do some risk taking; if we don't plan for the future one stands still and will wind up in last place. Fraser enumerated recent accomplishments such as Lyford Parking lot; downtown Fountain; Library expansion; Cove Shopping Center vibrancy - all result of forward vision. He also noted the Council's ad hoc Committee for Downtown Revitalization has support of the business community. He suggested that spending money now is the right thing to do for the future; the Council might find out this is a project they do not wish to take on; if the Council waits to do everything in order, it might take 5 or 6 years. Councilmember Doyle stated that he agreed with Randy Greenberg's comments but also thought sometimes one needs to spend money to make good decisions. Councilmember Slavitz noted he missed two years of this discussion. He recognized the Town has done some wonderful things and likes the idea of the Torn having control over the downtown. He said he definitely supported going ahead with legislation and PSSR; thought the PSSR would add to cost benefit analysis. He did express his concern regarding spending $125,000 annually plus improvements, it adds a lot to the Town's expenses without a new revenue source, and the Town needs to evaluate whether it's an expense the Town can handle. He asked the Council to decide if they are willing to spend funds on paving every 10 years in lieu of other projects. Town Council Minutes #14 -2013 September 18, 2013 Page 6 Mayor O'Donnell noted the Council would have to spend more money to see if this is the direction they want to go; thought the PSSR and subsequent cost benefit analysis will help the process as to what they want to pursue, agreed with Councilmember Slavitz's concerns of the ongoing $125,000 annual costs. Town Manager Curran noted the Town would want and need an outside consultant to provide cost analysis; she expected the PSSR to take a year to complete and would ask Caltrans to provide the survey when complete and she would come back to Council to authorize funds for a consultant for the cost benefit analysis. Vice Mayor Fredericks commented that she didn't think the PSSR would provide a lot of information. MOTION: To direct Staff to pursue final enactment of AB 747 during the 2013 -14 Legislative Session. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous MOTION: To authorize a budget amendment of $105,000 to fund the cost of Caltrans Project Scope Summary Report (PSSR) concerning possible relinquishment of the downtown portion of Tiburon Boulevard. Moved: Slavitz, seconded by Fraser Vote: AYES: Doyle, Fraser, Slavitz, O'Donnell NOES: Fredericks 2. Parking Flan — Consideration of recommendation to appoint an ad hoc Parking 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 authorization funds (Community Development Director Anderson, Town Manager Curran) The Director of Community Development reviewed the staff report which requested creation of an ad hoc committee to study and consider the issues outlined in the Downtown Circulation and Parking Analysis report and the possibility of parking enforcement private lots, and asked the Council to authorize up to $10,000 for consulting services in support of the committee's efforts from the adopted budget. Councilmembers Fraser and Doyle volunteered to be on the ad hoc committee. A member of the public asked if there would be an opportunity for public input, and the Mayor assured her there would be. MOTION: To appoint Councilmembers Fraser and Doyle to the ad hoc Parking Committee. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous Town Council Minutes #14 -2013 September 18, 2013 Page 7 ADJOURNMENT There being no farther business before the Town Council of the Town of Tiburon., Mayor C, O'Donnell adjourned the meeting at 9:30 p.m. EMMETT UDONINELL, MAYOR ATTEST. / DIANE CRANE IA OPI, TOWN CLERK Town Council Minutes #14 -2013 September 18, 2013 Page 8