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HomeMy WebLinkAboutTC Digest 2007-03-16 ~ TOWN COUNCIL WEEKLY DIGEST Week of March 12 - 16, 2007 Tiburon 1. Correspondence from Marin Bd of Supervisors - reo Robert L. Kleinert 2. Correspondence from San Rafael Mayor Al Boro - reo Robert L. Kleinert 3. Correspondence from Peggy Curran - re: Siciliano 25th Anniversary 4. Correspondence from Georgia Locke - reo Banning Trans Fats 5. Correspondence from Marin Interfaith - re: Conference 3/24/07 Agendas & Minutes 6. Minutes - Planning Commission - January 10, 2007 7. Minutes - BelfIib Jt. Recreation - February 12, 2007 8. Minutes - Design Review Board - March 1, 2007 9. Action Minutes - Planning Commission - March 14, 2007 10. Action Minutes - Design Review Board - March 15, 2007 11. Agenda - BelfIib Jt. Recreation - March 19, 2007 Regional a) Highway 101 Open House and Workshop - March 27, 2007 * b) Comcast - 2006 Community Report * c) Invitation - Grand Opening Wells Fargo Strawberry Village - 3/28/07 * d) The Marin Institute - Newsletter - Winter 2007 * e) Keys to Housing - EAH Newsletter - Spring 2007 * f) Service Matters - ABAG Newsletter - March/April 2007 * g) Golden Gate Gazette - Newsletter - Spring 2007 * h) LCC - Announcement - 2007 Legislative Action Days * i) Bay Area Home Builder - March 2007 * Agendas & Minutes j) Amended Agenda - Marin Bd. Of Supervisors - March 13, 2007 k) Agenda & Minutes - ABAG Executive Board - March 15, 2007 I) Agenda - Marin Bd. Of Supervisors - March 20, 2007 m) Agenda - Marin Hazardous & Solid Waste Auth. - March 22,2007 n) Agenda & Minutes - ABAG General Assembly Bus. Meet.- April 19, 2007 * Council Only i DIGE, ( · s Sr .;.e:~1~.:.:.::.:::.0~_.. ..~ THE BOARD OF SUPERVISORS OF MARIN ADMINISTRATION BUILDING 3501 CIVIC CENTER DR., SUITE 329 SAN RAFAEL, CALIFORNIA 949034193 TELEPHONE (415) 499-7331 , FAX (415) 499-3645 RECEIVED I TrY (415) 499-6172 www.co.marin.ca.us/bos March 13, 2007 ~_l v 2007 \ TOWN CLERK TOWN OF TIBURON . To The Family of Robert L. Kleinert c/o Diane Crane-Iacopi, Town Clerk 1505 Tiburon Blvd. Tiburon, CA 94920 To The Family of Robert L. Kleinert: The members of the Marin County Board of Supervisors were saddened to learn of your father Robert's death and, at Supervisor Charles McGlashan's request, we adjourned our meeting of March 13, 2007, in his memory. On behalf of all the Board members, we wish to extend our deepest sympathies to you and your family. Very sincerely, c::& STEVE KINSEY CHARLES McGLASHAN President, Marin County Board of Supervisors Supervisor, District 3 SK:ts 2'"u VICE-PRESIDENT VlCE-PRESIDENT PRESIDENT CLERK SUSAN L. ADAMS . HAROLD C. BROWN . CHARLES McGLASHAN . STEVE KINSEY . JUDY ARNOLD . MATIHEW H. HYMEL SAN RAFAEL SAN ANSELMO MILL V ALLEY SAN GERONIMO NOVA-TO l"DISTRICT 2~o D1STRlCT 3'" DISTRICT 41>< DlsmCf 5noD1STRICT 03/t5/07 THU t2:25 FAX 4]5 459 2242 CITY SAN RAFAEL ~UU'" DIGEST ;l. CITY OF Mqar Albert J. Bora Council Ml1m.'" PBUI M Collen BsrbBrtI Heller Cyr N. MiHer Gary Q Phillips March 15, 2007 RECEIVED Mayor Tom Gram MAR 1 5 Z007 Town of Tiburon TOWN MANAGERS OFFICE 1505 Tiburon Blvd. TOWN OF TIBURON Tiburon, CA 94920 Dear Tom: I was very saddened upon leaming of the passing of Tiburon's longtime manager Robert Kleinert. Unfortunately, I will not be able to attend Bob's memorial service on Sunday due to a scheduling conflict. I first met Bob many years ago conceming an Open Space issue in Tiburon when I was a member of the County's Parks Commission. Bob was a type of individual that you immediately liked and trusted. My respect for him grew all the more over the years in my capacity as Mayor of San Rafael. He was a great person and a real champion of Tiburon. On behalf of our City Council, we express our heartfelt sympathies and condolences to Bob's family and his many admirers in Tiburon. Sincerely, I}) Al~ Mayor 1400 Filth Ave., P.O. Box 151560, San Rafael, CA 94915-1560 Phone: (415) 485-3074 Fax: (415) 459-2242 TOO: (415) 485-3198 Town ofTiburon - 15051iburon Baulevard -oburan, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.tiburon.ca.us Office ofthe Town Manager / 415.435.7383 ".., "'.1"'\ .... 'U "'"I.,. March 9, 2007 ..... . "- . Ms. Cynthia Siciliano 1640 Tiburon Boulevard Tiburon, CA 94920 SUBJECT: PERMIT APPLICATION FOR 25TH ANNIVERSARY CELEBRATION Dear Cyndi, We have received a Special Event Permit application for your 25th anniversary celebration scheduled for Sunday, May 20,2007, between the hours of 4:00 and 8:00 p.m. Your application states that the event will be held on private property (parking lot at the Maritime Center). Accordingly, you do not need a special event permit from the Town, but you do need permission from the property owner as to the staging and tenting of this event. You will need a Town permit to have amplified music at the event (Chapter 25-1, Town Code), which the Town can consider once you have received the property owner's approval. Please be advised that if the police receive any complaints about the level of music, or if the music extends beyond the agreed upon time as set forth in the permit, you may be asked to mitigate the problem or to discontinue the activity. Best wishes and thank you for your cooperation in this matter. Very truly yours, 7~~ Peggy Curran Town Manager Cc: ~~ Council Digest DIGEST q. February 28, 2007 REC::::~V~D ~..,.,- The Honorable Paul Smith Tiburon Town Hall Office 11i\R 1 5 2007 Tiburon, CA 94920 TUt/1~ :'..:1i\liAGEi\S OFFICE Dear Mayor Smith: TOWN OF TIBURON RE: Banning Trans Fats in Local Restaurants I am writing to both salute and congratulate you on your persistent efforts in the banning of the use of trans fats in restaurants. I admire you in being the leader of the first city to ban them in their restaurants. As a citizen of both Tiburon and neighboring Ross, I am grateful for your hard work in both increasing awareness of hydrogenated oils in quality restaurants and the future prevention of their use. Sincerely, .~ Georgia Locke 3 Berke Court Tiburon, CA, 94920 ~~/ DIGEST s- .. MARIN INTERFAITH TASK FORCE =' -= p. ': ON THE AMERICAS , .,.4 f .. . PO Box 2481, Mill Valley CA 94942. Phone/Fax (415) 924-3227. e-mml ffiltf@JlgCorg ADVISORY BOARD MIRNA PERLA ANAYA ALBERT V. BAEZ March 14, 2007 RECEIVED REV. DANIEL BERRIGAN BLASE BONPANE, rhO MAR 1 6 Z007 ROY BOURGEOIS TOWN MANAGERS OFFICE Director SOA Watch Mayor Paul Smith TOWN OF TlBURON SUZANNE BRISTOL Town of Tiburon Former co-director MITF 1505 Tiburon Boulevard MARILYN CHILCOTE Tiburon, California 94920 NOAM CHOMSKY Dear Mayor Smith: Professor of Linguistics and Philosophy, MIT RAMSEY CLARK The Interreligious Foundation of Community Organization (IFCO), based REV WILLIAM SLOAN COFFIN in New York, is holding a conference on March 24 at Laney College to WALTER T. DAVIS apprise our community of the offer of full medical scholarships being extended by the Latin American Medical School in Havana, Cuba, to our REV. DAVID DYSON youth here in the greater Bay Area. People of Faith Network REV. JOHN FIFE As a part of that conference, a reception is being held on Friday, BISHOP THOMAS GUMBLETON March 23"', from 5:00-8:00 pm, in Oakland City Hall, One Frank Ogawa Archdiocese of Detroit Plaza (One City Hall Plaza), Oakland, Hearing Room 3, to honor political TOM HANSEN and academic leaders in our communities. Weare inviting you to attend, Mexicv Solidarity Network and most sincerely hope that you can do so. BILL HUTCHINSON Former co-director MITF We look forward to the pleasure of your company on March 23'd. PATRICIA KRaMMER, C.S.J. SAUL LANDAU Sincerely, institute for Policy Studies JORGE LARA-BRAUD ~~ PIERRE LEBOSSIERE Haiti Action Committee Dale Sorensen, Director REV. ALAN McCOY, O.F.M. Marin Interfaith Task Force on the Americas REV. PAUL MOORE, JR. KAREN PARKER Ene!: flyer for the March 24'" 2007 conference. Humanitarian Law Project EILEEN PURCELL RSVP: cross0828@yahoo.com or by phoning 415/924-3227 MICHAEL RATNER Center for Constitutional Rights AMBASSADOR ROBERT WHITE @~,., Learn About Full Scholarships to Study Medicine in Cuba! ii, ll!i More than 100 US students are studying to become doctors in Cuba at the Latin American School of Medicine in Havana, Cuba. The students come from the humblest areas of the US where medical care is scorce and expensive. They pursue the dream of a lifetime, thanks to Cuba's generous offer of 500 tull scholarships which Includes: tuition, books and room and board. Upon graduafion. they will honor their commit- menllo practice medicine In underserved areas in the US. ~~ """,..'" __~-.." ~~t;.;i:t ......~~.I ~"t..".":. ~~r~ ~;:.~~,. ';;1~~.~~. ......:u~~. ttb .~ ~~~,~X_ ~S,~r;: _....../~(IUJ iI\1t{~ ~h1Ittt. ~t:$i~:~.fZ1~' 'i~~:~~lI ~~.t:e:- ::_"..~-:~ ......___ I, ~~...,..:... ~.""''''_,''''':''. ~Ji:':~(o(- rl"',e" - ~ -~~ ;'~'';l''''f:.~''~'' ..:t::t'';' ::';":";:'~,1'::':~~;;.. ;.::;::::;:....- ::"';~,~~ :;:....... ,~~~~~~" ;";,t~':t......... (>",-t;:..."... ,~,..,.:.l...:.:"~\. ~'_"'~f'e.i"'~ ::?~~;;~.(_ :'-::::-,z;:".JZ'. ~~~;';,..~;,~ This program has been featured in major US media including The New York Times, The Washington Post and Philadelphia Inquirer. Saturday MARCH 24th Lane! College 900 Fal on St. Oakland, CA Student Center . The ultimate goal of this collaboration is to set up a pipeline that will return Room 401, A and B well trained, community-oriented Black. Latino. Native American and 9:00 am · 5:00 pm Asian doctors to serve medically underserved communities in the US. For more information conlact: Caror Cross at 650-367-9183, Alicia Jrapko at 510-219-0092 or ~ Interreligious Foundation for Community Organization 418 W.145th 51. New York, NY 1003112121926-5757 Aprenda sobre Beeas Gratuitas paraestudiar medieinaen Cuba Mas de 100 estudiantes norteamericanas estan en 10 Escuela latinoamericana de Medicinaen 10 Habana, Cuba para convertirse en medicos. Los estudlantes proYlenen de las areas mas pobres delos Estados Unidos donde el cui dado medico esescaSQ ymuy costoso. Gracias a lagenerosaofertq deCubo estos estudiante.s alcanzaranel sueno de sus vidas. Las 500 becas incluyen mptricula, Iibros, aloja- mien to yallmentacl6n. Despues de graduados, los estudiantes honrar6n su compromiso practicando .medic:inaen luga.:. res en los Estados Unidos donde no hay acceso a culdado medico. =........~,. 3~~CImt ~I~'- ';~~~ft -n~~..!f::t~"',~: ' ~"~;r. ~- """:"if.f$ ~... "'~ ~<< od~""r' H' 'IJ'I # ~)$i,..... "'-,;,. ,. "~-." ,... ..- ' ,', "~,' i..,.~ b ,"',~""',.w""r:fi'...ctt<< ~'...'t:,...,~"'~...-' ~. ."" ,- ',,,,:i.,' ol".' '.a " ara '~bt!~:tF ~~ ,~} .~'l>;'''' '.' I R '.[. ...... 'W' "k, .. J.. . Esle.programa ha$ldopubllcllado..n algunos '. e '. .ev.., UClUS . .al er, r. de losn.edlosde.comunlcacI6nmDslmporlanle. Director Eiecutivo de IFCO de los EsladosUnldos comoelNew'York 11me$; ~I .~ Washlnglon'Postyel'Philadelphla Inquirer. '. Sibado 24 de DJarzo Laney Co.llege 900 iFallOnSI. Oakland, CA SIudent Cenler Sala401, A andB De 9 dela manana a 5 de la tarde Para mas infonnacion contacte: Carol Cross al650-367-9183 0 ADcia Jrapl<o aI51Q-219..()()92 ~Interreligious Foundation for Community Organization 418 W.145th 51. New York, NY 1003112121926.5757 ,. DIG~S MINUTES NO. 943 Cr PLANNING COMMISSION January 10,2007 Regular Meeting T own of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL Chair Fraser called the meeting to order at 7:30 P.M. Present: Chair Fraser, Vice-Chair Aguirre, Commissioners Kunzweiler and O'Donnell Absent: Commissioner Collins Staff Present: Director of Community Development Anderson and Assistant Planner Phillips ORAL COMMUNICATIONS There were none. COMMISSION AND STAFF BRIEFING There was none. PUBLIC HEARING 1. REQUEST TO OBTAIN LOCAL mSTORIC LANDMARK DESIGNATION FOR THE FORMER RAILROAD TRESTLE MOUND NEAR BLACKIE'S PASTURE; Leslie Doyle, Belvedere-Tiburon Landmarks Society, Applicant; Assessor's Parcel No. 055-071-02 Assistant Planner Phillips presented the staff report. He noted that the purpose of the item is to seek Commission observations and recommendations that will be forwarded to the Heritage and Arts Commission and Town Council regarding the designation request. Phillips stated that the railroad trestle was initially constructed in 1883 and that after 84 years of use, train service ended in 1967. The wooden trestle was removed the next year, but the mound remained. The Town of Tiburon acquired the land in the 1970's and the tracks were removed in 1974. With respect to land use and zoning, Phillips informed the Commission that the Richardson Bay Lineal Park (RBLP) is designated as Parks & Recreation in the General Plan and Zoning Ordinance. He also noted that there is an TlBURON PLANNING COMMISSION MINUTES OF JANUARV 10,2007 MINUTES # 943 Page] '\ 1~ ." adopted Precise Plan for the Blackie's Pasture portion of the RBLP; various precise plans for the area have been adopted over the decades, with the latest adoption in 1992. The 1992 Precise Plan shows the "grading out" of substantial portions of the former trestle mound, and further calls for the planting of a mixed hardwood forest in that location. In 1993, the Town Council voted not to proceed with construction of the center-piece of the Precise Plan, which was a large salt marsh located where the statue of Blackie the swayback horse now stands. Later that year, the Council authorized limited improvements to the Blackie's Pasture area at the request of Black ie's Brigade. Work on the former trestle mound was not included in the Blackie's Brigade effort. Phillips indicated that the 1992 Blackie's Pasture Precise Plan technically remains in effect. The inconsistency of the historic landmark designation proposal with the Precise Plan's approved "grading out" ofthe former trestle mound would need to be resolved as part of the designation process, should it move forward. With respect to practical effects of the historic designation, Phillips noted that future approval of significant physical alterations to the trestle mound would likely require an environmental impact report as there would be a presumptive significant effect on a historic resource under the California Environmental Quality Act. In short, the former trestle mound would likely be protected indefmltely from major human-induced changes, such as the "grading out" called for in the adopted Blackie's Pasture Precise Plan. The Landmarks Society is also suggesting minor enhancements to the trestle mound, such as a decomposed granite path leading to the end of the mound with an informational plaque and potentially a bench. Phillips added that the Landmark's Society has indicated that it would be responsible for ongoing maintenance of any physical improvements that it might install on the trestle mound. Dave Gotz, Chairman ofthe Tiburon Heritage and Arts Commission, stated that his Commission would be receiving the recommendations of the Planning Commission at a future meeting and would hold a public hearing at that time. He noted that prior to this staff report, he was unaware of the 1992 Blackie's Pasture Precise Plan, Chair Fraser opened public comment. There being none, public comment was closed. Chair Fraser asked each Commissioner in turn to comment on the request. Commissioner Kunzweiler noted that the Commission was being asked for comments on three specific items; I) on the historic designation; 2) on the suggested physical improvements; and 3) on the designations inconsistency with the Blackie's Pasture Precise Plan. He stated that he supported the designation and supported the physical improvements provided that the Town incurred no costs or maintenance. He found the Precise Plan to be somewhat out-of-date and the proposed hardwood forest a "non- starter", and indicated that the Town Council should seriously consider revising the TlBURON PLANNING COMMISSION MINUTES OF JANUARY 10, 2007 MINUTES # 943 Page 2 Precise Plan either by amending the portions of it dealing with the trestle mound area or revisiting the entire Precise Plan. Vice-Chairman Aguirre agreed with Commissioner Kunzweiler, and added that public hearings should be held on the matter. He was curious how much public input was associated with the adoption of the 1992 Precise Plan. He supports the historic designation in concept, but wants to see more public input on the matter before a final decision is made. He further commented that the proposed physical improvements seem simple and adequate. Commissioner O'Donnell recommended that the Town Council look seriously at repealing the Precise Plan elements that have not been implemented after so many years and with the Town having a new General Plan. He wanted the Town to take a broader view of the RBLP and not simply reconsider the trestle mound area elements of the Precise Plan. Chairman Fraser supported the comments of his fellow commissioners and would like to see a modest plan for improvements to the trestle mound, on the belief that less is better. He also expressed a strong desire for additional public input on this issue. and agreed that the review of the Precise Plan needs to focus on "the big picture" rather than just the railroad trestle mound, as the historic designation could potentially have significant effects on the surrounding area. He wanted to avoid the tendency to piece-meal public park plans and improvements. In response to questions, Anderson stated that public hearings were held on the 1992 Precise Plan but that the trestle mound area elements did not generate much controversy in his recollection. In hindsight, a hardwood forest in that area seems unlikely to be approved today given view blockage concerns. It was the unanimous recommendation of the Planning Commission members present to support the historic landmark designation and urge the Town Council to revisit the 1992 Blackie's Pasture Precise Plan in its entirety. DISCUSSION ITEMS 2. Major Peninsula Project Status Update Anderson stated this was the annual update on major Tiburon Peninsula projects. Commissioner Kunzweiler asked about the most recent Sanitary District No.5 plans to annex property along Paradise Drive, and Anderson provided a brief update. 3. 2007 Planning Commission Calendar Anderson stated that the annual calendar appeared to indicate a less hectic year than 2006 but that it was too early in the year to be certain. The Commission had no comments. TIBtJRON PLANNING COMMISSION MINUTES OF JANUARY 10,2007 MINUTES # 943 Pat!:e 3 MINUTES 4. Planning Commission Minutes - Regular Meeting of November 8, 2006 MIS Kunzweiler/Aguirre to approve Minutes #942 as submitted. Motion carried 4-0. ADJOURNMENT The meeting was adjourned at 8:10 P.M. JIM FRASER, CHAIRMAN ATTEST: SCOTT PHILLIPS, SECRETARY (Acting) TIBURON PLANNING COMMISSION MINUTES OF JANUARV 10, 2007 MINUTES # 943 Page 4 ~ 1. ~~..t1BU.9o 'N~ '4' DIGEsi ~ ~ ~.~\ ~~Recreation Department Belvedere-Tiburon Joint Recreation Committee Meeting Minutes for Special Meeting Held February 12,2007 Call to Order, 7:00 pm Committee Members: Jerry Riessen Chair Present Jennifer Muller Vice-Chair Present Bob McCaskill Absent Tara Sullivan Absent Priscilla Tripp Present Denise Bauer Present MelTill Boyce, RUSD Present Staff Members Present: Bruce Mulder, Sherry Burchert 1. Public comment - No members of the public were present for comment. II. Minutes: - The minutes for the regular meeting held January 16, 2007 approved. Motion - Muller: Second - Boyce: Vote 5-0. III. Finance Reports: Mulder reviewed the January Cash Reports. He explained that the January numbers reflected the payments to the consultants of the Summer Camps studies. Invoices have been sent to both the city and town for reimbursement. If February Revenues and expenses are similar to last year Mulder projects an end of the year deficit of approximately $40,000 to $45,000. IV. Information and Discussion Items 1. Summer Camp Planning Update: Mulder presented an updated camp budget which reflects actual program levels that are being offered for 2007. Some adjustments have been made after confirming programs with Independent Contractors. Tripp ask how 2007 summer camp enrollment, revenue and expense numbers compare with last year. Mulder reviewed comparisons and explained that overall enrollment projections are less than last year. Revenues are similar but expenses are anticipated to be much less. Mulder explained that the Summer Camp brochure was already off to the printer and is scheduled to be distributed by February 271h Burchert pointed out that Leela Pratt donated a photo which will be featured on the front cover. Muller ask for print of the Summer Camp brochure, this will be emailed to both Muller and Bauer. 2. FY 2007-08 Budget Draft review: Mulder presented a revised draft of the FY 2007-08 budget. He explained that he updated each account that was discussed at the prior January BTJRC meeting and revised figures accordingly. All of these figures were reviewed. Mulder explained that he also revised the staffing levels of the program coordinator positions. He proposed changing the budget from one full-time coordinator at 40 Hrs. and 2 part-time staff at 20 Hrs. to two full-time coordinators at 30 hrs. and I part-time staff. He explained that over the past six weeks the Academy program had experienced the turnover of three staff in that part-time position. He is concerned that operating the Academy program with two part-time staff will lead to inconsistency in leadership that may negatively impact this program. Two full-time staff at 30 hrs offers much more stability for the leadership of this program. He also explained that with two 30 hr. program coordinators he can also limit the hours of the Office Administrator position to 4 days per week. Mulder explained that the difference in the budget impact to his proposal is estimated at about $4500 and leaves the budget deficit at $7376. Riessen suggested revising the budget to reflect the changes discussed and re-submit the budget to the committee for approval. 1 - U_,"_.._,_._.._.. - - .t 3. Workers Compensation Update: Mulder presented an update on BTJRC's process of obtaining altemative workers compensation coverage to be effective July I", 2007. He reviewed a letter that was sent to both Town and City Managers updating them on the process. BTJR is underway with the application for coverage with Park and Recreation Employee Compensation. Resolution number 07-1 to authorize participation in the PARDEC was passed by the committee with a unanimous vote. At the request of the committee, Mulder will also have the workers compensation documents reviewed by City of Belvedere officials. 4. Customer / Market Assessment Plan: Mulder presented a Customer Service / Market Assessment plan to address areas of quality assurance. He reviewed strategies that included customer service and customer satisfaction, program evaluations and market analysis. Riessen emphasized that this is a very important strategy and ask for a more detailed plan of how these strategies will be implemented. 5. Spring Cotillion / Filming of Documentary: Cynthia Glinka, the Cotillion instructor introduced herself and presented a summary of the Cotillion program. She explained that the current session has the largest attendance ever of 100 participants, with another 30 on a waiting list. She would like to expand the program but we are limited to the size and availability of facilities. She also presented a filming documentary opportunity that she would like to implement. Filming of this program would require all parents to sign release forms and may require additional funding. Glinka thanked the committee for allowing her the opportunity to presenl.her program ideas. 6. Belvedere- Tiburon Open Golf Tournament: Mulder updated the committee on the 2007 Belvedere- Tiburon Open Golf Tournament scheduled for September II, 2007 at Stone Tree golf course. Mulder has spoke with George Rodericks about BTJRC's interest in becoming the beneficiary of the program. Rodericks has ask the committee for a letter requesting this interest. Mulder will talk with George and follow up with a letter. Riessen suggested that committee members could support this tournament by each making phone calls to solicit sponsors and donors. IV. Action Items: J. Resolution to authorize participation in the Park and Recreation District Employee Compensation program, (P ARDEC). V. Adjourn: Meeting adjourned at 9:45 p.m. 2 ----,..~... -..,.., .".'"".---. -- ~. MINUTES #4 DIG~., TIBURON DESIGN REVIEW BOARD MEETING OF MARCH 1,2007 The meeting was opened at 7:00 P.M. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Boardmembers Frymier and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk Hennessy B. PUBLIC COMMENTS There were none. C. STAFF BRIEFING There was none. D. OLD BUSINESS BEFORE THE BOARD 1. 116 HACIENDA DRIVE MAlER, ADDITlONSN ARIANCElFLOOR AREA EXCEPTION 116 HACIENDA DRIVE KURT AND JAINA MAlER EXISTING PROPOSED REQUIRED LOT SIZE 11,200 S.F. NA NA FLOOR AREA 2,687 3.372 3,120 MAX LOT COVERAGE 24.0% 26.6% 15.0% MAX BUILDING HEIGHT 21' 24'6" 30'MAX SIDE YARDS 11'&9'6" 11'&9'6" 15' FRONT YARD 26' 26' 30' REAR YARD 26' 26' 25' V ARIANCESIEXCEPTION EXCESS LOT COVERAGE AND FLOOR AREA EXCEPTION The applicant is requesting Design Review approval for the construction of additions to an existing single-family dwelling on property located at 116 Hacienda Drive, with a variance requested for excess lot coverage, along with a floor area exception. This application was reviewed at the February 1,2007 Design Review Board meeting. At that time, concerns were raised by the owner of the adjacent downhill residence at 18 Noche Vista Lane regarding potential visual mass and bulk and privacy impacts that could result from the TmURON D.R.B. 1 3/1/07 .~ proposed second story addition. The Design Review Board shared the concerns raised by the downhill neighbors, and also expressed concerns about the overall size of the house, as both a variance for excess lot coverage and a floor area exception were requested. The Board recommended that the second story addition be pulled back from the rear of the house and made smaller in size to address these concerns. The application was continued to the March 1 meeting to allow the applicant time to modify the plans for the project. The applicant has now submitted revised plans for the project. Kurt Maier, applicant, stated that as a result of concerns expressed at the February I Board meeting, they had revised the plans and moved the second story back by 6' 9" further from the rear of the building and eliminated the den. The requested lot coverage remains the same at 26.6%, still necessitating a variance for excess lot coverage. The proposed floor area has been reduced by 152 square feet to a total of3,372 square feet. The requested floor area exception ahs been reduced from 404 sq. ft. to 252 sq. ft. He stated he had received support from two neighbors; however, two other neighbors still sought more changes. He noted that an effort to appease one neighbor would not appease the other and the further back he moves the project, the more it would diminish the view from the upstairs rooms. He felt that he had taken the Board's direction into consideration and have reached a compromise which would be augmented by landscaped screening. In response to Boardmember Teiser, Mr. Maier confIrmed the story poles depicting a potential hedge were not located on his property but on his neighbor Mr. Breen's property. Planning Manager Watrous confirmed that ifthis potential hedge was not on Mr. Maier's property it would not be part of the project and the Board could not require something to be installed on someone else's property. The Chair opened the public hearing. Marvin Breen, owner of the home below the site, reviewed the history of Board's approval of a second story addition at 118 Hacienda Drive which had a negative impact on his property. When added together with the proposed project, he felt that the environment of his house would be totally changed. He stated that the addition would diminish and narrow their view. He did not think that a hedge would provide adequate screening, and that Mr. Maier suggested planting a hedge 6 to 8 feet inside their small yard, which was more than they were willing to do. He said that he has tried to reach a reasonable agreement with his neighbors. He requested that the second floor be moved further from his house to reduce the intrusion on his home. Mr. Maier noted that Mr. Green had a view ofSausalito and Mt. Tam and that the view he was referring to was from his kitchen, which would be looking backwards. Mr. Maier added that if the structure was moved back it would impact others. In response to Boardmember Frymier, Mr. Maier stated they had room to move the second story but it would make two people unhappy and diminish the view from the new upstairs area. The Chair closed the public hearing. TmURON D.R.B. 2 3/1/07 ---- ~--- . Boardmember Teiser stated that the applicant had done what was requested by eliminating the upstairs den and reducing the floor area exception. He said that he had visited the Breen residence and agreed that the intrusion of 118 Hacienda Drive was significant, but the Board was not ruling on that property. He recognized that the Breens felt it was a privacy issue and something would be looming over them, but he felt it was far enough back and away from the property line. He hoped that screening could be worked between the neighbors. Boardmember Frymier acknowledged that the addition at 118 Hacienda Drive was penalizing this application. She agreed that the applicant has done what was requested by moving the addition back. She felt that the second story did not seem to be that large an encroachment on the Breen residence, adding that the distance from their kitchen to the addition made this feel not as extreme as the condition with 118 Hacienda Drive. She did not believe that the addition would look down on the home below, but encouraged the applicant to take care of the screening issue with the Breens. Chairman Doyle stated that the Board is tasked with preserving views and had suggested moving a portion ofthe upper story back. He said that some form of visual break at the rear would be helpfuL but he was unsure if the second story should be moved back any further. There was a brief discussion regarding screening techniques and Planning Manager Watrous noted that the Town discourages conditions of approval that require approval by neighbors, however, staff would be happy to work with the neighbors to try to reach a screening compromise. MIS, (Frymierffeiser) (passed 3-0) to determine that the project is categorically exempt from the provisions of CEQA and approve the application subject to the conditions of approval as set forth in the Staff report, with a recommendation that the applicant work with the neighbors to try to come up with landscape screening. 2. 2135 VlSTAZO EAST QUIRK, NEW DWELLINGN ARIANCES 2135 VlST AZO EAST STREET JOE AND KATE QUIRK EXISTING PROPOSED REQUIRED LOT SIZE 21,781 S.F. NA NA FLOOR AREA 2,416 4,176 4,178 MAX LOT COVERAGE 9.9% 15.5% 15.0% MAX BUILDING HEIGHT 19' 29'2" 30'MAX SlDEYARDS 49'&6'11" 45'&10' 15' FRONT YARD 25' 25' 30' REAR YARD 129' 90' 25' REDUCED FRONT AND SIDE'Y ARD V ARlANCES/EXCEPTION SETBACKS AND EXCESS LOT COVERAGE The Board reviewed this application at the February 15,2007 meeting for construction ofa new single-family dwelling and guest house with variances for reduced front and side yard setbacks and excess lot coverage, and heard concerns from neighbors regarding layout of the TIBURON n.R.B. 3 3/1107 house and guest house as well as layout of fruit trees and view and privacy impacts. The Board continued the item so each member could visit the site and view the story poles from inside the neighbor's residence. In response to neighbors' concerns, the applicant had agreed to frost a window in the master bathroom and that the master bathroom skylight is eliminated. In response to a request from Chair Doyle, Planning Manager Watrous summarized discussions regarding the existing fence along the rear property line and preserving the open space character of the property. He stated that Staff has determined that although the Board could encourage or request the applicant to move the fence, the Board could not require changes to the fence as a condition of approval of this application. He explained planning law which provides that there needs to be reasonable nexus between a condition of approval and the requested changes to the property in order to give the Board jurisdiction. Jared Polsky, architect, stated that his client has always been willing to talk to the neighbors about the fence but at this time did not want to include this with the application. Chris Armstrong, also representing his wife, stated he was not present to criticize the project but to note the unusual characteristics ofVistazo East. He stated that this is not a town maintained street, with a private sewer system, no storm drain system, and the Fire District has concerns because of the width of the street and the fact there is no turnaround. He noted that there are severe drainage problems in heavy rains. He asked the Board to consider street parking during construction and possible drainage impacts from the proposed project and suggested that upslope neighbors will want undergrounding of light poles and lines. Planning Manager Watrous stated those are issues that are dealt with during the building permit plan check process and Staff would bring them to the attention of the Building Official. Miles Berger praised the architect and stated he was totally in Javor of the project being approved. He stated that in his opinion the fence can be considered by the Board as part of the totality of the project design. He stated that the Board looks at material, bulk, landscape and how the project affects the neighborhood and noted that most of the other homes in the neighborhood have made a definite statement and voted with their lack of fencing on their properties. Mr. Berger stated he thought the Board had jurisdiction to preserve the open character of the hillside and he pointed out that the applicant's plans referred to a "natural hillside" at the rear of the property. He stated that a fence in the area destroys the natural hillside for the neighbors. He acknowledged tbat the applicant had a lot of exotic plantings and a reason to fence it, but suggested that they get rid of the rear fence and join the rest of the neighborhood. Patrick Armitage questioned the need for the fence along the rear property line. He said that the Fire District had concerns about getting equipment through the area with the fence in place. TIBURON D.R.B. 4 3/1/07 Masa Murata reinforced the comments made about drainage, and using the site plan illustrated to the Board the drainage problems he has experienced in the past and concerns he had with the addition of this house. Fred Hannahs asked the Board to avoid tunnel vision and consider constructive planning for the Peninsula. He feh that the Board had been over lenient and had overused the variance procedures in the past. He stated that the Board had an obligation to preserve amenities of privacy and views. Jerry Reynolds, speaking for Katherine Halpern, stated that if the Board approves the project without addressing the fence they will appeal the decision to the Town Council. He stated he thought the Board had the authority to address the fence. He recognized the Board was ready to approve the project, however, he requested that the main roofline be lowered by one foot and enumerated reasons why he did not feel that this change would have a major impact on the applicant. He stated that he would lose a view of the Golden Gate Bridge while the applicant would gain views. He felt that the rooflinei was not a requirement but an elective part of the house design, and they should not have to sacrifice their view for an architectural preference. Laura Halpern stated that the proposed house would affect her family's view and privacy. She stated that the house would block 85% of their water view beneath the Golden Gate Bridge from their lower level and would have a significant monetary affect. She stated that staff report did not accurately identuy their windows and side door. She was also concerned about privacy regarding the proposed terrace off the master bedroom, noting that one Monterey pine on their property provides screening between the houses. She asked that a wall be added on the side ofthe terrace facing their property to block sound. She stated that the skylights in the master bedroom closets will also be visible and asked that these skylights be eliminated. Fani Hanson stated that the process should be improved to eliminate hostility between neighbors. She stated that they were not notified of the fence application and asked to maintain the open space meadow at the top of the site. She requested that the fence be lowered 3 feet, the chimneys eliminated and that plantings be no taller than the guest house. She also asked that netting be installed on the story poles for the house. Angela Danadjieva stated that all the uphill neighbors were against what is happening with this project and noted that numerous letters of objection had been delivered to the Town. She showed photos of fruit trees and fencing and stated that much of her water view would be eliminated. She reiterated her previous suggestion that the guest house be rotated. She asked that the fence be removed, the house be lowered, the size of the retaining walls be reduced and that the existing trees be topped. Mike Figour supported the project as proposed, adding that its design was driven by the needs of people. He said that he was baffled by the pettiness of the neighbors. He noted the changes in the area during the past 60 years and gave his historical perspective. He also pointed out that the site would be developed at the bottom of the property instead of the top. TmURON D.R.B. 5 3/1107 Katherine Halpern stated that she did not want the house to obstruct her views, adding that the project would reduce the value of her property. She said that there has been a house on this property for 50 years that did not impact her views, with no fence to bother people uphill. She stated that this project did not fit in with the neighborhood and that the house was much too large. Jared Polsky stated there was a misconception that a solid fence was being proposed at the rear of the site, noting that it is a wire fence. He said that if the project moves forward his client will work with the staff to make improvements to the fence. He noted that the sole reason for the continuance was to address the house itself and they had already lowered it two feet. In response to Boardmember Frymier, Mr. Polsky stated that the roofline had already been lowered several times in order to compromise. The Chair closed the public hearing. Boardmember Teiser stated that he had been in the Halpern house and seen the view blockage and characterized it as pretty minimal. He noted that they have a panoramic view to Angel Island from the lower floor and even more extensive views from the main floor. He stated that the possible view impacts would be consistent with the Hillside Guidelines. He stated that property owners have a right to fence their property, and this fence is not on open space. He encouraged the applicant to consider the concerns of the neighbors, but stated that the Board could not force them to change the fence. Boardmember Frymier noted she was in a quandary about the fence, as Mr. Berger and Staff had different opinions. She felt that the fence should be moved closer to the structure ofthe guest house, but noted that the fence was already approved, and she did not know how to deal with it. Mr. Watrous further explained the concept of "nexus" in planning law, stating that the Town can make requirements for items that are reasonably related to what is being requested. In this case the applicant is proposing nothing to do with the character of the upper hillside and the concerns with the fence are about the open character of the hillside, when nothing in the application is related to the area. He noted that the Town had made changes to a previous application which would have blocked views by making changes to the existing structure which already blocked views. He reiterated that there is no nexus to allow the Board to require changes to the fence as part of this application. Boardmember Frymier stated she could approve the project with the applicant encouraged to move the fence. Chair Doyle stated he joined to Board to do the right thing. He said that he had no problem with the house at the last meeting. He said that if he were the architect, he would change the location of the guest house and think about dropping the roofline about a fOot. He said that the fence is not the right thing to have there. Although it was the property owner's right and it is on their property, the fence visually impacts the fabric of the community. He stated that TIBURON D.R.D. 6 3/1107 - ifhe was the applicant, he would go home tonight and take the fence down, as it feels like a scar on the hillside. He stated that he could support the house. In the reahn of good neighborliness, he felt that this was a spite fence, however, he did not think that the Board has the jurisdiction to change it. He suggested the applicant move the fence back to the plan proposed by Ms. Danadjieva, or some of the ideas suggested by Mr. Berger. Joe Quirk, applicant, stated he had tried to work with the neighbors about the fence and came up with suggestions to use landscaping to obscure the fence. He asked the Board to approve the house with the condition to work with staff to come up with a solution more palpable to the neighbors. Planning Manager Watrous suggested language for the condition of approval, if the applicant was willing, to state that the fence along the rear property line be modified to address the concerns ofthe neighbors and to be approved by Town staff. MIS, TeiserlFrymier (passed 3-0) to determine that the project is categorieaUy exempt from the provisions of CEQA and approve the application subject to the conditions of approval as set forth in the Staff report, with the additional conditions of approval that the dressing room windows facing east use obscure glass, and that the rear fence be modified to address the concerns ofthe neighbors to preserve the open appearances of the hillside, subject to approval of staff. E. NEW BUSINESS BEFORE THE BOARD 3. 1893 CENTRO WEST STREET HARD, NEW DWELLlNGIFLOOR AREA EXCEPTION 1893 CENTRO WEST STREET CHARLES HARD EXISTING PROPOSED REQUIRED LOT SIZE 12.600 S.F. NA NA FLOOR AREA 3,209 3,666 3.260 MAX LOT COVERAGE 18.4% 20.8% 35.0% MAX BUILDING HEIGHT 27' 28'6" 30' MAX SIDE YARDS 10'&6' 10'&6' 8' FRONT YARD 25' 25' 15' REAR YARD 58' 58' 25' V ARlANCESIEXCEPTION FLOOR AREA EXCEPTION The applicant has submitted a request for construction of a new single-family dwelling with a floor area exception, on the property located at 1893 Centro West Street. Currently a duplex exists on the properly, which was in the process of being renovated for conversion into a single-family dwelling. The applicant subsequently demolished over 50"10 of the existing walls of the structure. By demolishing more than 50% of the structure, the project is therefore classified as "new construction." The proposed single-family dwelling would be a two-story structure. The lower level would include a two-car garage, the master bedroom and hathroom, two bedrooms, a guest room, and a laundry room. A small wood deck would be located adjacent to the right side of the structure, with access from the guest room and one of the bedrooms. The upper level would include the living room, family room, dining area, kitchen and a large deck. The deck would be located above the garage TIBURON D.R.B. 7 3/t/1n with access from the family room. A variance for reduced side yard setback has been requested, but a notice was not able to be sent out in order for that request to be heard at this meeting. Luis Baez, project manager, reviewed the history of the application. He noted that the Board received a letter which described the reasons due to structural dry rot why more than 50% of the house was demolished, adding that this did not happen with the owner's consent. He said that they are trying to take all issues into consideration and move forward to get the project started. He slated they have tried to mitigate the neighbors' concerns and are willing to drop the house 30 inches to give back a portion of the view to 1895 Centro East. He noted that this change is not reflected in the submitted plans. Ricardo Royo, designer, reviewed the previous application and indicated their intent to eliminate the pitched roof and maximize views on south end, along with their willingness to lower the house into the ground. Charles Harb, applicant, slated that he had been on the deck of the neighboring home at 1985 Centro West Street and there was no view except of huge trees. He noted that the original proposed height ofthe roofline would block their view of the bridge. The Chair opened the public hearing. Bill Lukens noted that the lots along Centro West are very steep and the neighbors can hear each other very clearly and see each other's lights. He stated that the proposed windows will look right into the sun and become nuisances, noting that most other homes in the area have awnings to cover their windows. He noted that downhill neighbors will be able to see their lights. He said that the neighbors want to keep floor areas down as much as possible. He suggested trying to mitigate the bulk of the house, possibly by stepping into the slope. Brooke Halsey stated the building at 1895 Centro West has always only had a view from the top unit. She did not see any problem with the plans and urged the Board to approve the project. Mr. Baez stated they would like to keep the design as is, but will redesign if they have to do it. Mr. Rayo noted that the upper windows would be used for ventilation. The Chair closed the public hearing. Boardmember Teiser stated that he liked the idea of dropping the roof pitch and either reducing the size or eliminating the upper windows. He suggested dropping he roof 15 inches, but felt that the house did not have to be dug into the ground. He said that the lower unit at 1895 Centro West did not seem to previously have much ofa view, but lowering the roof pitch would open up their views. Chair Doyle noted that lowering the roof pitch would make the upper windows smaller. TffiURON n.R.B. 8 3/1107 Boardmember Frymier expressed some concern about the overall floor area of the house. MIS, TeiserlFrymier (passed 3-0) that the application be continued to the March 15 meeting. 4. POTENTIAL AMENDMENT TO BUILDING HEIGHT REQUIREMENTS Mr. Watrous stated that concerns have been raised regarding the language and interpretation of the Tiburon Zoning Ordinance requirements for measuring building height. In particular, concerns have been raised about how building height is measured at the perimeter of a building where the bottom of the structure is situated below the finished and natural grade. The height measurement method in the Zoning Ordinance would be changed to refer to measuring height from the perimeter of the exterior surface of the building, structure, fence, or wall. Boardmember Frymier requested that Exhibit A be more clearly identified. It was the consensus of the Board that the Town proceed with this amendment to the Hillside Guidelines. 5. POTENTIAL AMENDMENT TO THE HILLSIDE DESIGN GUIDELINES FOR "BORROWED VIEWS" Mr. Watrous reviewed the proposed amendment to the Hillside Design Guidelines with regard to "borrowed views" which involve situations in which an existing home has views across a vacant neighboring lot. MIS, (Frymiertreiser) (passed 3-0) to adopt the Resolution recommending Approval to the Town Council this amendment to the Tiburon Hillside Design Guidelines. F. APPROVAL OF MINUTES #3 OF THE 2/15/07 DESIGN REVIEW BOARD MEETING Boardmember Teiser amended the minutes on page 5, last sentence of first paragraph, to read: "....disappear; a lower flat roofand the color to be more earthy tone." MIS, TeiserlFrymier (passed 3-0) to approve the Minutes of February 15, 2007 as amended. G. ADJOURNMENT The meeting was adjourned at 10:00 P.M. TffiURON D.R.B. 9 3/1107 'i. TOWN OF TIBURON DA PLANNING COMMISSION rJSSr 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting March 14, 2007 - 7:30 PM ACTION MINUTES CALL TO ORDER AND ROLL CALL Present: Chairman Fraser, Commissioner Collins, Commissioner O'Donnell, Commissioner Kunzweiler Absent: Commissioner: Aquirre ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. There Were None COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. MUNICIPAL CODE CHAPTER 16 (ZONING); VARIOUS TEXT AMENDMENTS: AMENDMENTS ARE PROPOSED FOR SECTIONS ADDRESSING FLOOR AREA RATIO, LOT COVERAGE AND BUILDING HEIGHTS IN THE NC AND VC ZONES; BUILDING HEIGHT MEASUREMENT METHOD; SKYLIGHTS; AND BASEMENT DEFINITION Recommended Approval to Town Council (4-0) DISCUSSION ITEMS 2. ANNUAL GENERAL PLAN STATUS REPORT FOR CALENDAR YEAR 2006 Forwarded Report to Town Council (4-0) .P Action Minutes - Planning Commission Meeting March 14, 2007 Page 2 MINUTES 3. PLANNING COMMISSION MINUTES - REGULAR MEETING OF JANUARY 10, 2007 Amended as Written (3.0-1) ADJOURNMENT 8:05PM ---.-- 10- ACTION MINUTES #5 D1GEsr TIBURON DESIGN REVIEW BOARD THURSDAY, MARCH 15, 2007 1505 TIBURON BOULEVARD A. ROLL CALL: Present: Chair Doyle, Boardmembers Frymier and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Hennessy B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 1. 1 San Rafael A venue Lam New Dwelling APPROVED 2. 1893 Centro West Harb New DwellinglVar./Fl. Area Exception CONTINUED TO 4/5/07 E. NEW BUSINESS BEFORE THE BOARD , 140 Porto Marino Huehne AdditionslVariances CONTINUED TO 4/5/07 J. 4. 9 Burrell Court Hariri AdditionslVariances CONTINUED TO 4/5/07 F. MINUTES OF THE 3/1/07 D.R.B. MEETING - APPROVED AS AMENDED G. ADJOURNMENT - 9:15 PM c: DIGEST II. ~ ~ ~.~\ ~Recreation Department BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Regular Meeting Monday, March 19, 2007 7:00 p.m. Tiburon Town Hall - Tiburon Community Room 1505 Tiburon Boulevard, Tiburon The public is invited to attend. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact: Belvedere-Tiburon Recreation (415) 43S-4355. Notification 48 hours prior to the meeting will enable Belvedere- Tiburon Recreation Committee to make reasonable accommodation for full participation. (28 CFR 35,102- 35,104 ADA Title II) 7:00 Call to Order Committee: Jerry Riessen, Chair Tiburon Jennifer Muller, Vice-Chair Belvedere Robert McCaskill Belvedere Tara Sullivan Tiburon Priscilla Tripp Tiburon Denise Bauer Belvedere Merrill Boyce RUSD 1. Public Comment The public may direct questions or comments related to Belvedere- Tiburon Recreation business to the Committee and Director concerning matters not listed on the agenda. The Conunittee can take no action unless the matter is placed on a subsequent agenda II. Minutes I. Approval of minutes for the Special Meeting held February 12,2007. Motion Second by Vote 111. Finance Renorts I. Review of the February cash reports. IV. Information and Discussion Items I. FY 2007 -08 Budget review and approval. 2. Workers Compensation Update 3. Customer I Market Assessment Plan 4. Belvedere-Tiburon Open Golf Toumament 5. Revised Meeting Calendar 6. Organizational Chart 7. BTJRC involvement in programs / operations 8. BTJR major operational expenditures review V. Action Items: I. FY 2007-08 Budget Approval. VI. Adiourn - '" ._~-- DIGEST RECEIVED , AGENDA FOR 'ro:~Ai~Ai~~G~fZSO:F:'Clf MARIN COUNTY BOARD OF SUPERVISORS TOWi'~ O~: Ti5UI~ON MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS .. MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AMENDED AGENDA Tuesday, March 13, 2007 Board of Supervisors Chambers, Room 330, Civic Center 9:00 a.m. Convene as the Marin County Housinq Authoritv Board of Commissioners 1a. Approval of minutes of the meeting of February 20,2007. 1b. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1 c. Board of Commissioners' matters. 1d. Executive Director's Report. 1e. Request to adopt resolution approving the Public Housing Assessment System ("PHAS") Management Operations Certification for FY 2006. Recommended action: Approve. 1f. Request to adopt resolution approving the Risk Management Policy Statement. Recommended action: Approve. 19. Request to approve a 3% salary adjustment for the Shelter Plus Care Case Manager. Recommended action: Approve. 1h. Request to approve transfer of $750,000 from the Housing Choice Voucher Reserves to the Public Housing Operating Reserves for FY 2006, to eliminate deficit and stay in compliance with Housing and Urban Development's ("HUD") operating reserve balance requirements. Recommended action: Approve. Adiourn as the Marin County Housina Authority Board of Commissioners ~ g ---I ~ ri ....8 .... .~ L-- American sign language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at htlo:llwww,co.marin.ca.us/efilesfBS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at htlo:llwww.co.marin.ca.usldeots/BS/Archive/Meetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499~6060 and entering "181" after the brief introductory message. , ", "'... '1. ~""'l> .. .. ~.-, ...,.._. '<11<,'" t ..""....... .\ . 9:30 a.m. Convene as Board of Supervisors 2. Presentation of "Employee of the Month" Award, February 2007, to Freddy Dubon- Romero, of the Public Defender's Office. 3. Approval of minutes of the meetings of February 13 and 20, 2007. 4a. Board of Supervisors' matters. 4b. Request from Supervisors Kinsey and Arnold to discuss recent enforcement actions by the Immigration and Customs Enforcement branch of the U.S. Department of Homeland Security and direct County actions. 5. Administrator's report. 6. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 7. Consent Calendar A (Items CA-1 through CA-11) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 8. Consent Calendar B (Items CB-1 through CB-3) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 9. Request from Department of Health and Human Services to take actions related to approval of FY 2006-07 Master Fee for Service Contract for Community Mental Health Services, Adult Residential Provider contracts. Recommended actions: (a) Authorize President to execute Master Contract, in the amount of $2,800,000, to apply to fee for service contracts with Community Mental Health Services and adult residential mental health services providers and (b) authorize the Health and Human Services Director to execute contracts pursuant to this Master Contract. 10. Request from Department of Health and Human Services to take actions related to approval of FY 2006-07 Master Fee for Service Contract for physicians providing services to adult and child mental health clients. Recommended actions: (a) Authorize President to execute Master Contract, in the amount of $650,000, to apply to fee for service contracts with Community Mental Health Services and physicians and (b) authorize the Health and Human Services Director to execute contracts pursuant to this Master Contract. 11. Request from the Department of Health and Human Services to authorize President to execute FY 2006-07 agreement with Buckelew Programs, in an amount not to exceed $3,567,940, to provide various services to adult mental health clients. Recommended action: Approve. Marin County BOS Agenda 2 3/13/2007 -.- '----- 12. Appointments: a. Civic Center Conservancy One vacancy for a Board of Supervisors' appointee. Applications have been received from Stephen Patterson and Deborah Vick. Recommended action: Make appointment or schedule interviews for March 27, 2007. b. Countv Service Area ("CSA") 18 - Las Gallinas i. One vacancy due to the resignation of Harriot Manley. An application has been received from Kathryn Neville. Recommended action: Make appointment. II. One vacancy due to the resignation of Bruce Winchell. Recommended action: Schedule appointment for March 27, 2007. c. Tamalpais Desiqn Review Board ("TDRB") Five term expirations as follows: Crystal Barriscale, Bill Cullen, Robert Freitas, John McCormick and Kathy Ryan. All incumbents have reapplied. Recommended actions: Make five (5) appointments. 13. Personnel Actions: a. Request from the Retirement Administrator to add 1.0 FTE Senior Clerk Typist position (Class #1341), effective March 18, 2007, to assist active and inactive Marin County Employees' Retirement Association ("MCERA") members. b. Request from the Human Resources Director and the Auditor-Controller to approve 6.0% salary adjustment for the classification of Senior Accountant (Class #0373), effective April 8, 2007. c. Request from the Directors of Parks and Open Space and Human Resources to approve actions related to realigning the management structure of the Department of Parks and Open Space to maximize and support the new strategic direction being developed by the County. Recommended actions: Approve actions as detailed in staff reports dated March 13, 2007, for items 13a -13c. 14. First Reading: Ordinance amending Chapter 6.90 of the Marin County Code extending existing restrictions upon the use of Bolinas Beach for camping during weekends. Recommended actions: Request clerk to read ordinance by title only and schedule merit hearing for March 27, 2007, at 10:30 a.m. Recess as Board of Supervisors Marin County BOS Agenda 3 3/13/2007 11 :00 a.m. Convene as the Marin County Open Space District Board of Directors 15a. Approval of minutes of the meetings of February 6 and 13, 2007. 15b. Board of Directors' matters. 15c. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 15d. General Manager's report. 15e. Request for adoption of response to FY 2005-2006 Marin County Civil Grand Jury Report "Agendizing Responses to the Grand Jury Reports" (May 26, 2006). Recommended actions: Concur in and thereby adopt the response and direct the President to submit the response to the Presiding Judge. 15f. Request to authorize President to execute second addendum to the agreement with Kermani Consulting Group, increasing the amount by $118,000 for a total contract amount of $175,500, extending the agreement to December 31, 2007, and amending the scope of services for disaster recovery assistance related to the storms of January and April. 2006. Recommended action: Approve. 15g. Request to accept staff report regarding the Dickson Ridge Trail. Recommended actions: Receive report and public testimony. Adiourn as the Marin County Open Space District Board of Directors 11 :30 a.m. Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors 16a. Approval of minutes of the meetings of February 20 and 27, 2007. 16b. Open time for public expression, up to three minutes per speaker, on items not on the Flood Control and Water Conservation District Agenda. 16c. Board of Supervisors' matters. 16d. Request to adopt resolution accepting the Engineer's Report for the proposed Drainage System Fee in Flood Zone 9, Ross Valley and setting the protest hearing for May 1, 2007. Recommended action: Approve. 16e. Appointments: Flood Control Zone ("FCZ") #5 Advisorv Board - Stinson Beach One vacancy due to the resignation of James Sutton. An application has been received from Howard Schechter. Recommended action: Make appointment. Adiourn as the Marin County Flood Control and Water Conservation District Board of Supervisors Marin County BOS Agenda 4 3/13/2007 , i Reconvene as Board of Supervisors 17. Closed Session: a. Instructions to labor negotiator (Human Resources Director) regarding benefits for all bargaining units pursuant to Government Code Section 54957.6. b. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Abernathy v. County of Marin, et a/., Case No. CV 022794. c. Conference with real property negotiators pursuant to California Government Code Section 54956.8 on the matter as follows: Real Property Address: 3110 Kerner Boulevard, San Rafael, CA (APN 09-121-03 and 09-121-04); Agency Negotiators: David Speer, Facilities Planning & Development Manager; Real Property Lessee/Negotiators: Executive Director, Marin Community Clinic, a Non-Profit Corporation; Under Negotiation: lease terms. d. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of potential cases: One (1). 1 :30 p.m. Reconvene in Open Session Announcement from Closed Session. 18. Hearing: Harriman Appeal of the Planning Commission's non-action on the Olema Farm House (10005 One LLC) Coastal Permit, Design Review and Use Permit Renewal. (APN 166-201-14) Recommended actions: (a) Review the administrative record; (b) conduct public hearing; and (c) make decision on appeal. 2:00 p.m. 19. Hearing: Hughes Appeal of the Planning Commission's conditional approval of the Hansen Minor Design Review Application. (APN 143-142-25) Recommended actions:' (a) Review the administrative record; (b) conduct public hearing; and (c) make decision on appeal. * * * * * * * * * * * * * * * * * * * * * * CONSENT CALENDAR A (Items CA-1 throuqh CA-111 ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) CA-1. Auditor-Controller: Request from Auditor-Controller to adopt Resolution No. 2007-_ determining the FY 2006-07 appropriations of tax proceeds pertaining to the County of Marin's Special Districts not included in previous actions, in accordance with Article XIII-B of the State Constitution (Proposition 4 Gann Initiative). Marin County BaS Agenda 5 3/13/2007 CA-2. Board of Supervisors: a. Supervisor Adams requesting the Board adjourn in memory of Howard Council and Coleman Persily. b. Supervisors Kinsey and McGlashan requesting resolution commending Dr. Daniel Collins, D.D.S. for his extraordinary contributions in the arenas of public health, civil rights, education and business. c. Supervisor Kinsey requesting resolution supporting the "Earn It! Keep It! Save It!" to increase access to the Earned Income Tax Credit. d. Supervisors Adams and Arnold requesting resolutions commending this year's inductees into the Marin Women's Hall of Fame. CA-3. Community Development Aqency: Authorize President to execute First Amendment to the agreement with EDAW, Inc., in an amount not to exceed 79,088 for a total amount of $411,923, for preparation of an Environmental Impact Report ("EIR") for the Lawson's Landing Project. CA-4. County Administrator: a. Request to adopt Resolution No. 2007- continuing the local emergency declarations for the County of Marin, related to severe storm damage, in conformance with Government Code Section 8630. b. Authorize President to execute agreement with Red Hill Community Park Joint Powers Authority, in the amount of $200,000, to provide support for the construction of the sports field element of Red Hill Field Park in Ross Valley. c. Authorize President to execute agreement with Homeward Bound of Marin, in the amount of $100,000, to partially offset construction costs for the Homeward Bound Next Key project. CA-5. District Attorney: a. Adopt Resolution No. 2007-_ authorizing the District Attorney to submit a Grant application to the State Office of Emergency Services ("OES") for continued funding for the Vertical Prosecution Block Grant Program. b. Request to (i) adopt Resolution No. 2007-_ authorizing submission of a grant proposal to the California Department of Insurance ("CDI") for the continuation of the Workers' Compensation Insurance Fraud Investigation and Prosecution Program, and authorizing the District Attorney to execute the grant award agreement, including any extensions or amendments thereof; and (ii) adopt Resolution No. 2007-_ authorizing submission of a grant proposal to the CDI for the continuation of the Automobile Insurance Fraud Investigation and Prosecution Program, and authorizing the District Attorney to execute the grant award agreement, including any extensions or amendments thereof. CA-6. Fire: Request to approve purchase of equipment from Motorola, in the amount of $45,000, for Marin Emergency Radio Authority ("MERA") radios and accessories. Marin County BOS Agenda 6 3/13/2007 ----- CA-7. Health and Human Services: NOTE: Agreements in items CA-7g - CA-7h are renewals of existing agreements that were included in and funded in the FY 2006-07 budget. a. Authorize President to execute amendment to FY 2006-07 agreement with Catholic Charities Catholic Youth Organization ("CYO"), increasing the contract by $33,603 for a total amount of $427,320, to provide senior nutrition services. b. Authorize President to execute the following amended FY 2006-07 agreements, totaling $544,820, to provide alcohol and drug prevention and treatment services for the Substance Abuse Offender Treatment Program: (i) Elizabeth Dandenell, in the amount of $113,050; (ii) Elizabeth Stires, in the amount of $42,000; (iii) Family Service Agency of Marin, in the amount of $73,683; (iv) Marin People Care, dba The Vine, in the amount of $29,454; (v) Marin Services for Women, in the amount of $232,883; and (vi) Marin Treatment Center, in the amount of $53,750. c. Request to (i) approve FY 2006-07 Master Fee for Service Contract, in the amount of $370,000, to apply to fee for service contracts with child day treatment providers for seriously emotionally disturbed children; and (ii) authorize the Health and Human Services Director to execute contracts pursuant to this Master Contract. d. Request to approve amendment to membership composition of the Workforce Investment Board, pursuant to SB 293. e. Authorize President to execute FY 2006-07 County Performance Contract (including the County Use of State Hospitals Agreement) with the California Department of Mental Health, in the amount of $268,319, for State Hospital services as mandated by Section 5650 of the Welfare and Institutions Code. f. Request to set hearing on March 27,2007, at 10:30 a.m. to consider adopting a resolution revising the rate schedule for the Medical Marijuana Identification Card Program. g. Authorize President to execute FY 2006-07 agreement with Sausalito Networking, Inc., in an amount not to exceed $68,156, to provide computer consultation services. h. Authorize President to execute agreement with First 5 Marin Children and Families Commission, in the amount of $97,279 for the period of January 1, 2007, through June 30, 2007, to continue a children's oral health program. CA-8. Human Resources: Authorize President to execute agreement with Hazel Payne, in the amount of $75,000, to conduct classification, compensation and related studies. CA-9. Information Services and TechnoloQv: Authorize President to execute amendment to agreement with Materus Consulting, in the amount of $43,800, to provide programming services for the SAP system Marin County BaS Agenda 7 3/13/2007 CA-10. Public Works: a. Authorize President to execute agreement with Nelson/Nygaard Consulting Associates, in the amount of $34,405, to provide evaluation for year three operation of the Muir Woods Shuttle Demonstration Project. b. Authorize President to execute amendment to agreement with Shoreline Disposal, reflecting a 3.79% rate increase for refuse and recycling services in the West Marin Franchise Area NO.1. c. Authorize President to (i) execute Notice of Completion for the Air Conditioning Replacement and Expansion for the Computer Room Project; and (ii) approve release of retention 35 days after Board action, in the amount of $10,932.63, to R. E. Corporation of Santa Rosa. (Project No. C476) d. Request to approve plans and specifications and direct Clerk to advertise for bids for the pt. Reyes Public Facility Project (Engineer's estimate $460,000). (Project No. CAMS-2407) e. Request to approve plans and specifications and direct Clerk to advertise for bids for the Marin County Garage Mechanical Improvements Project. (Project No. CAP-92533-01) f. Request to adopt Traffic Resolution No. amending parking and traffic regulations for the Pohono Park and Ride lot. g. Request to adopt Traffic Resolution No. allowing parking on portions of Gate Six Road in the Waldo Point Area. CA-11. Treasurer: Monthly report of County, Schools, and District Investments as of January 31, 2007. CONSENT CALENDAR B (Items CB-1 throu!lh CB-3) (Four affirmative votes reauired) ("Consent Calendar 8" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Fire: Request to (a) accept an Office of Traffic Safety ("OTS") grant, in the amount of $103,973, to purchase state of the art extrication equipment from L.N. Curtis; and (b) approve related budget adjustments as detailed in staff report dated March 13, 2007. CB-2. Health and Human Services: a. Request from the Department of Health and Human Services, Division of Alcohol, Drug and Tobacco Programs to (i) authorize President to execute amended FY 2006-07 agreements with Center Point, in the amount of $151,796 and with Teena Scovis-Weston, in the amount of $52,687 for Adult Drug Court services; and (ii) approve related budget adjustments as detailed in staff report dated March 13, 2007. b. Request from the Department of Health and Human Services, Division of Public Health to (i) authorize President to execute amendment to 2006 agreement with the California Family Health Council, Inc. ("CHFC"), accepting $15,500 in additional funding, for Title X Basic Contraceptive Services; and (ii) approve related budget adjustments as detailed in staff report dated March 13, 2007. Marin County BOS Agenda 8 3/13/2007 CB-3. Public Works: Request from the Public Works Director to take the following actions related to granting sanitary sewer easement to the Novato Sanitary District for the District's wastewater facility upgrade project: (a) authorize President to execute Property Purchase Agreement with the Novato Sanitary District; (b) adopt resolution authorizing conveyance of easement; and (c) authorize President to execute Grant of Easement to the District. Marin County BOS Agenda 9 3/13/2007 DIGEST ~. -".'. I_.~ ,...... _.. ,~_" .'" !K.:.::<";,.::: :::.;;"; "lAR - c: 2007 TOWN MAN/,sa,s OFFICe TOWN OF TiBURON No, 354, MARCH 15, 2007 ABAG EXECUTIVE BOARD 0 AGENDA, MINUTES & SCHEDULE OF MEETINGS ASSOCIATION OF BAY AREA GOVERNMENTS REPRESENTING CITY AND COUNTY GOVERNMENTS OF THE SAN FRANCISCO BAY AREA ASSOCIATION Of BAY AREA GOVERNMENTS 0 Representing City dlld (ourlty (,overnment, of the San fri:lTlcisco Bay Area ABAG ABAG EXECUTIVE BOARD MEETING NO. 354 A G E N D A Thursday, March 15, 2007, 7:00 PM METROCENTER AUDITORIUM 101 8th Street (at Oak Street) Oakland, California For additional information, please call: Fred Castro, (510) 464 7913 1. CALL TO ORDER 2. PUBLIC COMMENT 3. ANNOUNCEMENTS 4. PRESIDENT'S REPORT 5. EXECUTIVE DIRECTOR'S REPORT" 6. CONSENT CALENDAR Action: Unless there is a request by a Board member to take up an item on the consent calendar separately, the calendar will be acted upon in one motion. A. Approval of Executive Board Summary Minutes" Summary Minutes of Meeting No. 353 held on January 18, 2007. B. Grant Applications" With Board consent, ABAG will transmit the attached list of federal grant applications to the State Clearinghouse. These applications were circulated in ABAG's "Intergovernmental Review Newsletter" since the last Executive Board meeting. C. Appointments to Committees President Cortese requests Executive Board approval appointments to the following committees: San Francisco Estuarv Proiect Implementation Committee . Forrest Green, Councilmember, City of San Jose Reaional Plannina Committee Please Note: The Board may act on any item on this agenda. .. Attachment included. Mailing Address P.o. Box 2050 Oakland, Califomia 94604-2050 (510) 46lj-7900 rax: (510) 464-7970 Info@abag,cagov @ Location Joseph P Bort MetroCen~er 101 r',ghth Strcrl Oakland, California 946[17-4756 March 15, 2007, ABAG Executive Board Agenda, Page 2 D. Authorization to Enter into Sub-contract with San Francisco Estuary Institute for Phase II of Critical Coastal Areas Project" Authorization is requested to enter into a sub-contract with the San Francisco Estuary Institute in a sum not to exceed $300,000, as part of a 2007 grant awarded by the State Water Resources Control Board to the San Francisco Estuary Institute in partnership with ABAG. E. Authorization to Submit Grant Proposal and if Awarded Enter into Agreement with U.S. Environmental Protection Agency (EPA)'* Authorization is requested for the Executive Director or designee to submit a grant proposal on be halt of ABAG, the San Francisco Estuary Project and partners and if awarded to enter into an agreement with EPA to continue the development of a Stream and Wetlands System Protection Policy for the San Francisco Bay and North Coast Regional Water Boards. The agreement will not exceed $460,000 and the term is October 2007 to September 2009. ABAG will provide a $20,000 in-kind services match. F. Authorization to Enter into Contract with the State Water Resources Control Board (State Water Board)" Authorization is requested for the Executive Director or designee to enter into a contract with the State Water Board to provide funding for continuing the development of a Stream and Wetlands System Protection Policy for the San Francisco Bay and North Coast Regional Water Boards. The contract will not exceed $150,000 and the term is June 1, 2007 to February 1, 2008. No ABAG match is required. G. Authorization to Enter into a Contract with the State Water Resources Control Board (State Water Board)" Authorization is requested for the Executive Director or designee to enter into a contract with the State Water Board to provide science and data collection support for development of Lagunitas and Walker Creek Sediment Total Maximum Daily Loads for the San Francisco Bay Regional Water Board. The contract will not exceed $207,312 and the contract term is June 1,2007, to June 1, 2009. No ABAG match is required. H. Authorization to Contract with Jeanne Perkins Consulting" Authorization is requested to contract with Jeanne Perkins Consulting to provide support for ABAG's Earthquake and Hazards mitigation programs and to provide consultation services in connection with four grant proposals for hazard mitigation work if they are awarded to ABAG. The initial term of the contract is March 17 to December 31, 2007, with a not-to-exceed amount ot $80,000. There are two (2) options to extend the term for a calendar year with not-to-exceed amounts set at $100,000 and $110,000 for the second and third years, respectively. Please Note: The Board may act on any item on this agenda. "Attachment included. March 15,2007, ABAG Executive Board Agenda, Page 3 I. Authorization to Enter into an Agreement with the San Francisco Bay Regional Water Quality Control Board (Water Board)" Authorization is requested for the Executive Director or designee to enter into an agreement with the Water Board to provide technical and scientific support for the Gambanini Mercury Mine Site, including downstream of the mine in Walker Creek. The agreement will not exceed $100,000 for work performed in calendar year 2007. Funds for the agreement are provided by the Gambonini Mercury Mine Site Cleanup and Abatement Account established by the State Water Resources Control Board. No ABAG match is required. 7. BAY AREA GREEN BUSINESS PROGRAM CERTIFIED PUBLIC AGENCY RECOGNITION" Information/Action: ABAG Senior Planner Ceil Scan done will report on the progress of the Bay Area Green Business Program which is seeking Executive Board recognition for 20 public agencies that have been certified in the last 12 months as "green businesses." 8. COOL COMMUTES CHALLENGE COMPETITION" Information/Action: Carl Guardino, CEO, Silicon Valley Leadership Group, will brief the Board and request support and participation in the Cool Commutes Challenge. Cool Commutes is a friendly competition between Bay Area employers, organized in partnership with the Silicon Valley Leadership Group, to encourage employees to use commute alternatives such as transit, carpooling, telecommuting, and bicycling rather than driving solo to work. 9. REGIONAL TRANSPORTATION PLAN SCHEDULE AND OVERVIEW Information: A representative of the Metropolitan Transportation Commission will brief the Board on plans and schedule for the upcoming Regional Transportation Plan. 10. ADMINISTRATIVE COMMITTEE REPORT Information/Action: Committee Chair, President Dave Cortese will report on the Administrative Retreat held February 23-24th and request approval of Committee recommendations. 11. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT*' Information/Action: Committee Chair Pete McHugh, Supervisor, Santa Clara County, will report on Committee activities. Please Note: The Board may act on any item on this agenda. .. Attachment included. March 15, 2007, ABAG Executive Board Agenda, Page 4 12. FINANCE AND PERSONNEL COMMITTEE REPORT*- Information/Action: Committee Chair Mark Green, Mayor, Union City, will report on Committee activities. 13. ADJOURNMENT Please Note: The Board may act on any item on this agenda. .. Attachment included. -- --,,--- SUMMARY MINUTES ABAG Executive Board Meeting No. 353. January 18. 2007 MetroCenter Auditorium 101 8th Street. Oakland. CA 1. CALL TO ORDER President Dave Cortese called the meeting to order at approximately 7:12 p.m. He noted that a memo on committee appointments and a revised Resolution 02-07 have been distributed to members. Reoresentatives and Alternates Present Jurisdiction Supervisor Susan Adams County of Marin Amiee Albertson. Dir., Intergovernmental Affairs City ot San Francisco Mayor Maria Alegria City of Pinoie Vice Mayor Ruth Atkin City of Emeryville Councilmember Jane Brunner City ot Oakland Vice Mayor David D. Cortese City of San Jose Supervisor Chris Daly County of San Francisco Councilmember Carole Dillon-Knutson City of Novato Mayor Jose Esteves City of Milpitas Vice Mayor Dan Furtado City of Campbell Mayor Mark Green City ot Union City Supervisor Scott Haggerty County of Aiameda Supervisor Rose Jacobs Gibson County ot San Mateo Supervisor Mike Kerns County of Sonoma Supervisor Barbara Kondylis County of Solano Council member Sam Liccardo City of San Jose Supervisor Mark Luce County of Napa Supervisor Peter McHugh County of Santa Clara Mayor Steve Messina City of Benicia Supervisor Ross Mirkarimi County of San Francisco Councilmember Nancy Nadel City of Oakland Vice Mayor Jean Quan City of Oakland Mayor Pro Tern Gwen Regalia City of Walnut Creek Councilmember A. Sepi Richardson City of Brisbane Douglas Shoemaker, Mayor's Office of Housing City ot San Francisco Mayor Jill Techel City of Napa Supervisor Gayle Uilkema County of Contra Costa Mary C. Warren RWQCB Councilmember Forrest Williams City of San Jose Reoresentatives Absent Jurisdiction Supervisor Blanca Alvarado County of Santa Clara Supervisor John Gioia County ot Contra Costa Vice Mayor Carol L. Klatt City ot Daly City Supervisor Gail Steele County of Alameda Supervisor Adrienne Tissier County of San Mateo Item 6.A. 1 2. PUBLIC COMMENT There was no public comment. 3. ANNOUNCEMENTS President Cortese welcomed Sam Liccardo and Forrest Williams. Councilmembers, City ot San Jose; Steve Messina, Mayor, City of Benicia: Gayle Uilkema, Supervisor, County ot Contra Costa; and Jill Techel, Mayor, City of Napa, to the Executive Board. The Homelessness Task Force has three vacancies representing the City ot Richmond. the City of San Jose. and the County ot Santa Clara. Interested members are asked to contact ABAG staff. The next meeting Is on February 21st, 2:00 p.m. to 4:00 p.m. There were no other announcements. 4. PRESIDENT'S REPORT President Cortese reported that ABAG is sponsoring a series of symposia/workshops to promote emergency preparedness for elected officials cailed, "What Every Elected Official Should Know". President Cortese asked Executive Director Henry Gardner to brief members on recent activity including a policy briefing on promoting strengthening residential property aiong the Hayward Fault held on December 13th; a conterence on Interoperabie Communications on January 30th and 31st co-sponsored by ABAG and the Marines Memorial Association, and a Senior Officials Workshop for Ail Hazards Preparedness on March 1st and 2nd. President Cortese announced that a Legislative Reception will be held in Sacramento on January 3151 for the Bay Area Legislative Delegation. President Cortese also reported that a public hearing on the Regional Housing Needs Ailocation methodology wiil be conducted and noted the importance of coming to an agreement and adopting a methodology during the evening's meeting that advances Smart Growth principles. 5. EXECUTIVE DIRECTOR'S REPORT" Executive Director Henry Gardner announced that Kenneth Kirkey has been appointed Planning Director, succeeding Janet McBride who resigned to become the Executive Director of the Bay Area Ridge Traii Council. He reported on meetings with representotives of San Francisco, Oakland, Marin County and the cities of Marin County, and other jurisdictions about the Regional Housing Needs Allocation (RHNA) methodoiogy. He intormed members that the Secretary of Business, Transportation and Housing announced the next round ot Blueprint Planning Grants and that the Metropolitan Transportation Commission (MTC) and ABAG wili receive $325,000, which is an amount less than what is required to carry out the work for this comprehensive planning effort. He noted that a policy briefing breakfast on Housing and the Hayward Fault and the Projections 2007 Symposium were both held on December 14th. He highlighted recent capitai funding through the ABAG Finance Authority for Nonprotit Corporations, Including Senior Living Revenue Bonds for Alma Via of San Francisco, Variabie Rate Demand Revenue Bonds tor Eskaton Viii age in Roseviile, and General Obligation Bonds for the EI Camino Hospitai District 6. CONSENT CALENDAR President Cortese recognized a motion by A. Sepi Richardson. Counciimember, City 2 of Brisbane. and seconded by Barbara Kondylis, Supervisor, County of Solano, to approve the consent calendar with a correction to the Summary Minutes for the meeting on November 16th to indicate that she was present at the meeting. The motion passed unanimously. A. Approval of Executive Boord Summary Minutes"" No. 352. November 16. 2006. B. Grant Applications" A list of grant applications was approved for submission to the State Clearinghouse, having been circulated in ABAG's "Intergovernmental Review Newsletter" since the last Executive Board meeting. C. Appointment to Committees The Board approved the appointments to the following committee: Administrative Committee Supervisor John Gioia, County of Contra Costa Supervisor Mark Luce, County of Napa Supervisor Jim Spering, County of Solano Mayor Pam Torliatt, City of Petaluma Finance and Personnel Committee Supervisar Mike Kerns, County of Sonoma Supervisor Barbara Kondylis, County of Solano Leaislation and Governmental Oraanization Committee Vice Mayor Surlene Grant. City of San Leandro Councilmember Kasie Hildenbrand, City of Dublin Councilmember Arne Simonsen, City ot Antioch MetroDolitan TransDortation Commission Vice Mayor Dave Cortese, City ot San Jose Realonal Plannina Committee Supervisor Jim Spering, County ot Solano D. Approval ot Resolution No. 01-07 Entering Into Grant Agreement with State Water Resources Control Board (State Water Board) for TMDL Implementation" The Board adopted Resoiution No. 01-07 outhorizing the Executive Director or designee to enter into a grant agreement with the State Water Board on behalt of ABAG/ San Francisco Estuary Project (SFEP) and its partners to implement specific high-priority water quality improvement actions identitied in Bay Area Total Maximum Daily Loads (TMDLs) tor sediment PCBs, and pesticides. The agreement will not exceed $2,680,000, with a start date of January 15. 2007 and end date of March 1, 2010. ABAG will prOVide a $25,000 in-kind services match, E. Ratification of Contract with Joan Patton, Consultant"" The Board ratified a contract with Joan Patton. responsive consultant under terms of the ABAG/San Francisco Estuary Project agreement with the U.S. Environmental Protection Agency. ABAG/SFEP issued a Request tor Proposals to provide communication/marketing services for Comprehensive Conservation and 3 Management Plan (CCMP) implementation, The contract will not exceed $35,000 and the contract term is January 1 to December 31, 2007, F. Ratification of Contract Amendment with San Francisco Estuary Institute (SFEI)" The Board ratified a contract extension with SFEI from January 1, 2007, to January 31, 2007, to provide technical assistance for Comprehensive Conservation and Management Plan (CCMP) implementation work funded by a U.S, Environmental Protection Agency grant. This is a time extension only; the contract amount of $58,000 remains the same, G. Ratification of Contract with San Francisco Estuary Institute (SFEI)** The Board ratified a contract with the San Francisco Estuary institute under terms of the ABAG/SFEP agreement with the State Coastal Conservancy. ABAG/SFEP issued a Request for Qualifications to provide technical writing/editing services for the San Francisco Bay Subtidai Habitat Goals Project, The contract will not exceed $33,200 and the contract term is November 20, 2006 to November 19, 2007. H. Ratification of Contract with Eleanor Ely, Consultant** The Board ratified a contract with Eleanor Ely, responsive consultant under terms of the ABAG/SFEP agreement with the State Coastal Conservancy. ABAG/SFEP issued a Request for Qualifications to provide technical writing/editing services for the San Francisco Bay Subtidal Habitat Goals Project, The contract will not exceed $41,800 and the contract term is December 1, 2006, to November 30, 2007. I. Ratification of Amendment to an Agreement with the Bay Area Clean Water Agencies (BACWA)" The Board ratified a contract amendment with BACWA extending the contract end date from December 31, 2006, to May 31, 2007, and increasing the amount from $95,000 to $102,639. The funds will be used by ABAG/SFEP to assist the Regional Water Quality Control Board by providing additionai staff resources that can focus on the development of TMDLs within the San Francisco Bay Region. J. Authorization to Submit Grant Proposal to United States Department of Agriculture to Develop IPM Contracting Toolklt** The Board authorized the submission of a grant proposal entitled Best Practices for Local Department of Agriculture, and if funded, for the Executive Director or designee to enter into a contract to serve as the Lead Agency/Fiscal Sponsor. and participate in other capacities to be defined. K. Authorization to Submit Proposal to California Department of Pesticide Regulation for Funding to Develop Guidance for and Conduct Outreach to Public and Private Sector IPM Customers" The Board authorized the submission of a proposal to the California Department of Pesticide Regulation for $66.500 to develop guidance materials and conduct outreach to public agency and private sector facilities managers on how to fulfili customer responsibilities to ensure the success of Integrated Pest Management services, and if funded, for the Executive Director or designee to enter into a contract to serve as the Lead Agency/Fiscal Sponsor, and partiCipate in other capacities to be defined. 4 L. Ratification of Subcontract with Wetlands and Water Resources, Inc. to Develop Strategy for Resolving Methyl Mercury and low Dissolved Oxygen Events in Suisun Marsh** The Board ratified a subcontract with Wetlands and Water Resources, Inc. to lead a team of scientific partners and manage and coordinate the research effort to determine best management practices for reducing Mercury methylation and low dissolved Oxygen in Sulsun Marsh to Improve water quaiity In managed wetlands in accordance with a grant from the State Water Resources Controi Board. The subcontract amount is $323,970 and the subcontract period Is from December 2006 through March 2009, M. Re Authorization to Enter into a Subcontract with U.S. Geological Survey (USGS) to Develop Strategy for Resolving Methyl Mercury and low Dissolved Oxygen Events in Suisun Marsh" The Board authorized the Executive Director or designee to enter into a subcontract with the United States Geological Survey (USGS) to provide slough hydrodynamics, water and soil grab sampling and analysis, developing statistical models, and report development that will assist with improving water quality in Suisun Marsh In accordance with a grant from the State Water Resources Control Board. The subcontract amount is $95,000 and the subcontract period is from December 2006 through March 2009. N. Authorization to Enter into Subcontract with Moss landing Marine laboratory (MlMl) to Develop Strategy for Resolving Methyl Mercury and low Dissolved Oxygen Events in Suisun Marsh" The Board authorized the Executive Director or designee to enter Into a subcontract with the Moss Landing Marine Laboratory to develop best management practices, and statistical models and provide water and soil grab sampling analysis that will assist with improving water quality in Suisun Marsh in accordance with a grant from the State Water Resources Control Board. The subcontract amount is $150,000 and the subcontract period is from December 2006 through March 2009. O. Authorization to Enter into Subcontract with Suisun Resource Conservation District (SRCD) to Develop Strategy for Resolving Methyl Mercury and low Dissolved Oxygen Events in Suisun Marsh" The Board authorized the Executive Director or designee to enter into a subcontract with the Suisun Resource Conservation District (SRCD) to provide CEQA documentation, landowner agreements, developing management practices, deploying hydrodynamic monitoring equipment that will assist with improving water quolity in Suisun Marsh in accordance with a grant from the State Water Resources Controi Board. The subcontract amount is $ 75,000 and the subcontract period is from December 2006 through March 2009. P. Authorization to Enter into Subcontract with University of California, Davis, Department of Wildllte, Fish & Conservation Biology, to Develop Strategy for Resolving Methyl Mercury and low Dissolved Oxygen Events in Suisun Marsh" The Board authorized the Executive Director or designee to enter into a subcontract with the U,C. Davis Department of Wildlife, Fish & Conservation Biology to conduct fish and invertebrate sampling and report development to assist with improving water quality in Suisun Marsh In accordance with a grant from the State Water Resources Control Board, The subcontract amount is $73,030 and the subcontract period is from December 2006 through March 2009, 5 Q. Ratification of Amendment to a Contract with San Francisco Estuary Institute (SFEI) .. The Board ratified the extension of a contract with SFEI from January 1, 2007, to December 31, 2007, to provide technicai assistance for the Wetlands Tracker Expansion project; the work is funded by a U.S, EPA grant, This is a time extension only; the contract amount of $79.750 remains the same. R. Authorization to Amend Contracts with the California Department of Boating and Waterways (DBW) and the Santa Monica Bay Restoration Foundation (SMBRF)" The Board authorized the Executive Director or designee to amend the DBW contract by increasing the not to exceed amount to $1,223,192.10, an increase of $150,000,00, The time period of the contact will remain the same, with the contract ending on December 31, 2007, Terms included a pass-through contract to the 5MBRF, the Estuary Project's counterpart, The San Francisco Estuary Project/ABAG will use $60,000 to work with the boating community in the San Francisco Bay Delta Estuary, A pass-through contract for $90,000 wlli go to the 5MBRF to work with the boating community in Santa Monica Bay, The Board authorized the Executive Director or designee to amend the agreement with the 5MBRF by increasing the amount not to exceed frorn $132,000 to $222,000 for carrying out the boater education program. S. Authorization to Solicit co-sponsorship funding for the Urban Pesticide Pollution Prevention (UP3) Project.. The Board authorized the ABAG/the San Francisco Estuary Project to solicit funds from municipalities in support of the UP3 Project's pesticide Total Maximum Daily Load (TMDL) implementation. Funding would provide municipalities with technical assistance and organizationai support services to prevent water poilution from pesticides. Funds collected would cover services not covered by State Water Resources Control Board grant funding. Funds would be deposited In a central account managed by ABAG and agencies would sign a Letter of Agreement, Funds coliected may be greater than $20,000, but are not expected to exceed $100,000. T, Approval of 2004/2005 Hazardous Waste Data Anaylsis, Ranklngs, and Recommendations Contained in Report Hazardous Waste Generation and Treatment Trends/San Francisco Bay Area/2004 and 2005 Manifest Dafa*' The Board approved the 2004/2005 data analysis of regional hazardous waste generation vs. rnanagement capacity and related recommendations, which the Hazardous Waste Management Facility Allocation Committee unanimously approved on November 17, 2006. U. Authorization to Enter Into Contract with Bobbi Sloan, Consultant" The Board authorized the Executive Director or designee to enter into a contract with Bobbi Sloan, responsive consuitant under terms of the ABAG/SFEP agreement with the U.S. Environmental Protection Agency. ABAG/SFEP issued a Request for Qualifications to provide graphic design and layout services for SFEP publications, The contract will not exceed $17,000 and the contract term is January 1 to December 31. 2007. 7. REGIONAL HOUSING NEED AllOCATION PROPOSED METHODOLOGY - PUBLIC HEARING President Cortese recognized Executive Director Gardner who briefed members on the RHNA process and concerns raised regarding the draft methodology including the transit component, the allocation of low and very iow income units to the large cities, the spheres of inftuence in Marin County, and the housing market, He also 6 briefed members on the proposed allocation methodology and state mandated objectives. President Cortese opened the public hearing on the RHNA Methodology, The Clerk of the Board called the following speakers to the microphone: Julie Pierce, Councllmember, City of Clayton, concurred with the original recommendation adopted by the Board in November. Staff recommendation to reduce the impact of transit has the unintentional consequence of re-concentrating housing in those areas that are housing rich and job poor. The income recommendation at 150 percent is probably realistic, but 175 percent is a stretch for many communities, Tina Wehrmeister, City of Antioch, stated support for aiternative one in the staff report as well as the 175 percent adjustment for the income allocation portion of the methodology, Paul Peninger, Nonprofit Housing Association, stated that the group cannot support the alternative presented because it is too narrow and does not serve the vision of providing affordable housing across the region for a full range of incomes and household types, Undue emphasis Is placed on fixed rail transit and ferry terminals while stepping away from broader concept of transit and infill development. He suggested looking at alternatives based on policy based projections. The group supports the 175 percent income adjustment. Sally Maxwell, Planning Department. City of Pleasanton, read comments from the Mayor of Pleasanton, The Mayor and City Council requests that the Board incorporate changes to the draft methodology including: allocating employment and employment growth on a sub-regional basis rather than on a city by city basis: adding traffic gridlock as an alternative allocation factor: and considering the difficulty of developing affordable housing in high housing costs areas, Jasmine Dawson, West Bay Housing Corporation, representing Housing Leadership Alliance of Marin, asked the Board to consider Smart Growth and fair allocations, and not to let suburban Bay Area jurisdictions off the hook for planning future housing needs, Paul Cohen, City of San Rafael. stated support for the resolution between Marin County and the towns and cities in Marin and the proposed income adjustment. He disagreed with staff on the handling of transit. He supported removing unfunded transit but leaving the 10 percent transit oriented development for housing and 10 percent for jobs, Sean Rogan, City of Oakland, stated that the City of Oakland cannot support any of the methodologies because it puts an unfair shared burden on Oakland and other large cities, Oakland gets an additional unfair allocation because at several BART stations and transit oriented stations, Producing 2,100 units of very low income family housing will costs the city $330 million, Meghan Horl. City of Oakland, spoke on three points: support for the 175 percent proposal for allocating shares by income; against the draft methodology for allocation for overall needs which needs to be tempered by a reality check: concern 7 that the substantial Increase in ailocation for Oakland is beyond the city's infrastructure capacity, Darin Ranelleti, City of Oakland, stated Oakiand's support for the 175 percent modifier for allocating income units. He stated Oakiand cannot support the proposed allocation methodology or staff's recommended alternative for overall allocation. Through its General Plan and its adopted policies and programs, Oakiand is deeply committed to Smart Growth. The proposed methodology does not represent Smart Growth and is inconsistent with statutory requirements to promote inflll and to preserve agriculturai land. Dave Coury, Housing Alliance of Marin, took exception to Executive Director Gardner's characterization of affordable housing as something to escape from, He sees affordable housing as a public good and as a way for the region to meet the socioeconomic and environmental needs of the residents now and in the future, Executive Director Gardner clarified his comments about how the Board got from its last meeting to the present meeting, stating that he did not mean to imply that affordable housing was something to escape from. Steve Emslie, City of Palo Alto, commented that growth projections for Palo Alto are vastly overstated. He stated support for the direction to normalize the allocation of housing based on transit. Diane Dillon, County of Napa, stated that affordable housing is not about building, but rather about zoning, The housing allocation given to Napa County's unincorporated areas potentially means rezoning agricultural land for housing, Napa County is adamant that a specific factor should have been included for agricultural. Napa County was willing to accept the proposed draft methodoiogy with a heavy weight for transit because it offset the faiiure to call out agriculture, She proposed an alternative to put a cap at ten percent on every county-wide allocation to the unincorporated areas to offset the unintended result of removing the transit eiement, laurel Prevettt City of San Jose, provided comments from the Mayor and City Council of San Jose. San Jose recognizes that the city will continue to bear a significant share of the regional need and Is comfortable with assuming a transit factor in the methodology and supports the 175 percent for income distribution. She requested that the resoiutlon inciude ianguage that strongly links the allocation to incentives and funding for the deilvery of infrastructure and affordable housing monies to achieve the numbers they are seeking, Phillip Woods, City of Concord, stated that the city strongiy recommends and supports the recommendations from the January 4th Housing Methodology Committee meeting. The proposed draft RHNA methodology takes a balanced approach to assigning local housing responsibility. The proposed transit factor supports ABAG policy to promote Smart Growth and the revised income allocation method. He referred to areas to be corrected In the next round of Projections, President Cortese recognized a motion by Pete McHugh, Supervisor, County of Santa Ciara, and seconded by Councilmember Richardson, to close the public hearing on the RHNA proposed methodology. The motion passed unanimously, 8 8. REGIONAL HOUSING NEED AllOCATION - FINAL RHNA METHODOLOGY President Cortese recognized Paul Fassinger, ABAG Research Director, who provided an overview on the Regional Housing Needs Allocation Final Allocation Methodology proposal which included a review of the November Executive Board discussion, approval of Projections 2007, and the release of the draft RHNA methodology; the components of the RHNA methodology: a description of the items for which Councils of Governments rnust survey local jurisdictions and consider: sources of comments received, including comments from the City of Dixon: a generai summary of the key issues, including transit. planned transit, impact on jurisdictions, linkages to resource decisions, and concentration of low income housing; a description of 'transit lite": and a review of the 175 percent regional income allocation factor. He recommended that the Board adopt the staff recommendation, the "transit iite" alternative, and the 175 percent towards the regional average income allocation proposal. The Board received a staff report summarizing comments received, a staff report on university student housing, and a revised resolution, Legal Counsel Kenneth May reviewed the changes in the revised resoiution Including a description of the changes to the RHNA methodology that staff is recommending: the weighted factor change; the change in regional income allocation: and the 50/50 split recommended by the County of Marin and the cities and towns in the County of Marin. The resolution will take out "Alternative 1" and replace it with "the reduced transit aiternative". The resolution links these regional goais and objectives and the assumption of the regional housing allocation by individual jurisdictions under this proposed allocation methodology to resources, At a policy level, identified resources include those under Propositions 1 C and 84. Staff Is directed to advocate to the Metropolitan Transportation Commission that it recognizes the assumptions of these allocations in its update at the Regional Transportation Plan and distribution of discretionary 1 B funds, The resolution works with a possible extension of the timeline for certification of the housing elements by Housing and Community Development in the event that these funding decisions are not made prior to the current deadline of June 2009. Staff clarified that the alternative referred to as the reduced transit alternative is labeled "Existing TOD/Less TOD". President Cortese recognized a motion by Supervisor McHugh, and seconded by Councilmember Williams, to adopt Resolution No. 02-07 on the final Regional Housing Need Allocation rnethodology, Members discussed the proposal by the Supervisor Dillon to cap allocations to unincorporated areas; the possible reallocation of units from unincorporated areas to other jurisdictions; the available infrastructure in unincorporated areas: the preservation of agriculturai lands, Jane Brunner, Councilmember, City of Oakland, stated that the numbers are not realistic for Oakland, Oakland has been good at building affordable housing, The biggest challenge is infrastructure, Jurisdictions should build in their respective cities, She proposed to connect the cities that have significant increases in housing allocation to the funding so they can do the significant increases. President Cortese recognized a motion by Councilmember Brunner to amend the motion by repiacing "those with significant proportions of the RHN as reflected in their certified Housing Elements" with "a significant increased allocation in the current 9 RHNA cycle" under B of the resolution, and by replacing "those with significant portions of the RHN as reflected in their certified Housing Elements' with "a significant increased allocation in the current RHNA cycie" under C of the resoiutlon, and seconded by Councilmernber Liccardo. The motion was accepted as a friendly amendment to the original motion. Members discussed directing funds to cities with higher allocations; comparing allocations to 0 baseline; resource ailocations and Smart Growth; resource aliocations; the definition of "significant"; the state requirement to build housing: the costs of building iow and very low income units; reducing transit and transit oriented development; the allocation of Propositions 1 C and 84 funds and linking funds to housing; advocating for transportation funds; the physical constraints on jurisdictions; zoning Implications on commercial and industrial development; the distribution of housing within counties with caps on unincorporated areas; keeping planned transit in a modified methodology; housing density and providing workforce housing: including rapid transit buses and different kinds of transit; the impact of the concentration of poverty: the intent of iegislative advocacy: Smart Growth incentives; construction costs and affordable housing: the allocations to Napa County: capping ailocations to unincorporated areas; urban growth boundaries: social services: the origin of RHNA in Fair Housing law: the distribution of poverty; reviewing alternative proposals; and developing a regional general plan. Jean Quan, Councilmember, City of Oakland cailed the question, On a roil coli vote, the ayes were 17 (Albertson, Alegria, Brunner, Cortese, Daly, Esteves, Jacobs Gibson, Liccardo, McHugh, Mirkarimi. Nadel, Quan, Regalia, Richardson, Shoemaker, Uilkema, Williams); the nays were 11 (Adams, Atkin, Dillon- Knutson, Furtado, Green, Haggerty, Kerns, Kondylis, Luce, Messina, Techel), The motion, as amended, passed. 9. lEGISLATION AND GOVERNMENTAL ORGANIZATION COMMITTEE (l&GO) REPORT" President Cortese recognized Chair Pete McHugh, who reported on the activities of the Legislation and Governmental Organization Committee, President Cortese recognized a motion by Barbara Kondylis, Supervisor, County of Solano, and seconded by Chair McHugh to oppose SB 49 regarding the San Francisco 4gers. President Cortese recognized a substitute motion by Susan Adams, Supervisor, County of Marin, and seconded by Gayle Uilkema, Supervisor, County of Contra Costa, to take a neutral position on SB 49. The ayes were 16; the nays were four. The substitute motion passed. Chair McHugh reported that the committee elected him as committee chair and Carol Dillon-Knutson, Mayor, City of Novato, as vice chair. The committee reviewed new bills of interest introduced in the 2007 Legislative Session, including support of AB 29, AB 38, SB 8, oppose AB 70, ACA 2, SCA 1, and watch AB 82, SB 2, SB 5, SB 6, SB 12, SB 27, SCA 2: received a briefing on Shifting State/Local Waste Diversion Responsibility to those who Produce Hazardous Waste Products; and heard a subcommittee report on the upcoming Legislative Reception, sponsored by ABAG with the League of California Cities and the Caii'tornia State Association of Counties, in Sacramento on January 31 ". President Cortese recognized a motion by Chair McHugh, and seconded by Scott Haggerty, Supervisor, County of Alameda, to accept the Legislation and 10 Governmental Organization Committee report, Members discussed a format for discussing eminent domain: SB 27 on the peripheral canal; and coordination on eminent domain with LCS and CSAC. The motion passed unanimously. President Cortese thanked Chair McHugh for his report, 10. FINANCE AND PERSONNEL COMMITTEE (F&P) REPORT" President Cortese recognized Chair Mark Green, who reported on the activities of the Finance and Personnel Committee, Chair Green reported that the committee reviewed the November 2006 Financial Reports; reviewed and approved the Proposed Work Program, Budget and Membership Dues for FY 2007-08: recommended approval of Resolution 03-07 recommending the General Assembiy adopt an amendment to ABAG's Bylaws increasing the per diem rate for meetings; and reviewed the Annual Performance Evaluation Process for the Executive Director. President Cortese recognized a motion by Chair Green, and seconded by Supervisor McHugh, to accept the Finance and Personnel Committee report. The motion passed unanimously. President Cortese thanked Chair Green for his report, 11. ADJOURNMENT Moo"cg odloom'" 01 obo" 953 P1~ ! ~ ~ Henry L. rdner, Secretary-Treasurer .. Indicates attachments, All ABAG Executive Board meetings are recorded, To arrange for review at these tapes, please contact Fred Castro, Cierk of the Board, at (5/0) 464-7973 or FredC@abaa.ca.aov. 11 ABAG Meeting Schedule 2007 Executive Board Meetings January 18 March 15 May 17 July 19 September 20 November 15 START TIME 7:00 PM LOCATION Joseph P. Bort MetroCenter Auditorium 101 Eighth Street Oakland, California 94607 Across from the Lake Merritt BART Station Spring General Assembly April 19 Palace Hotel San Francisco Fall General Assembly October 26 San Francisco 2/27/07 Schedule DIGEST ). AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. RECEIVED AGENDA MAR 7 6 2007 Tuesday, March 20, 2007 TOWN MANAGERS OFFICE Board of Supervisors Chambers, Room 330, Civic Center TOWN OF TIBURON 10:00 a.m. Convene as Board of Supervisors 1. Board of Supervisors' matters. 2. Administrator's report. 3. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 4. Consent Calendar A (Items CA-1 through CA-10) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 5. Consent Calendar B (Items CB-1 through CB-3) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 6. Request from the Department of Cultural and Visitor Services to receive report from The Friends of Marin Center on efforts towards funding specific improvements at the Marin Center. Recommended actions: Accept report. 7. Presentation of Report by the Community Development Agency: "Reinventing the Community Development Agency - A Strategic Assessment and Blueprint for Change". Recommended actions: Accept report. ~ g ". ~ JI ..... .... ..... - American sign language interpreters may be requested by calling (415) 499-6172 (TIY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at httD:/Jwww.co.marin.ca.us/efiles/BS/AaMnfcvbaanda.htm The Board meeting is broadcast live over the Internet at htto:/Iwww.co.marin.ca.usldeDts/BS/ArchivelMeetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. .\ -,';'," ,'~ .. 8. Request from the County Administrator to authorize President to execute agreement with the Marin County Office of Education approving their construction of new classrooms at the County's Rotary Valley site adjacent to Juvenile Hall. Recommended action: Approve. 9. Personnel Actions: a. Request from the Auditor-Controller to approve the addition of 1.0 FTE Senior Accountant, effective April 8, 2007, to respond to increased budget administration complexity and workload. b. Request from the Information Services and Technology Director to add four new positions to the MERIT project team, effective March 25, 2007, as detailed in staff report dated March 20, 2007. Recommended actions: Approve 9a - 9b. 10. Appointments: a. Alcohol & Druo Advisorv Board Two At-Large vacancies. Applications have been received from Pamela Lichtenwalner and John Neville and the Advisory Board's Executive Committee has recommended their appointments. Recommended actions: Make two (2) At-Large appointments. b. Children and Families Commission (First 5 Marin) One At-Large term expiration (Regina Archer, incumbent). Recommended action: Schedule appointment for April 17, 2007. c. Commission on Aoino One vacancy representing District 1 due to the resignation of Mary Bailor. Recommended action: Schedule appointment for April 10, 2007. 10:45 a.m. Convene Special Meetina of the Marin County Redevelopment Aaencv Board of Commissioners 11a. Organization of Board: i. Election of President. ii. Election of Vice-President. iii. Election of Second Vice-President. 11b. Roll Call. 11c. Approval of minutes of the meeting of December 12, 2006. 11d. Open time for public expression, up to three minutes per speaker, on items not on the Redevelopment Agency agenda. 11e. Authorize President to execute First Amendment to the agreement with Diehl, Evans & Company, LLP, increasing the contract by $4,000 for a total amount not to exceed $27,150, for assistance with report preparation and other accounting matters. Recommended actions: Approve. Marin County BOS Agenda 2 3/20/2007 11f. Authorize President to execute agreement with Ajilon Finance, in the amount of $82,000, to provide temporary accounting staff. Recommended action: Approve. Adiourn Special Meetina of the Marin County Redevelopment Aaencv Board of Commissioners Reconvene as Board of Supervisors 12. Closed Session: a. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: County of Marin v. San Rafael Rock Quarry. Marin County Superior Court, Case No. CV 014602. b. Instructions to labor negotiator (Human Resources Director) regarding all bargaining units pursuant to Government Code Section 54957.6. Reconvene in Open Session Announcement from Closed Session. * * * * * * * * * * * * * * * * * * * * * * CONSENT CALENDAR A (Items CA-1 throuah CA-101 ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) CA-1. Assessor-Recorder: Authorize President to execute Land Conservation Contract with the owners of 759 Hicks Valley Road (APN 125-030-02). CA-2. Board of Supervisors: a. Supervisor Arnold requesting resolution commending Dick Tipping upon his retirement. b. Supervisor Brown requesting resolution commending Jack Baker upon his retirement. c. Supervisor Brown requesting resolution commending Margaret Bohan upon her retirement. d. Supervisors Kinsey requesting resolution proclaiming April 15 - 21, 2007, as "National Library Week for Marin County." e. Supervisor Kinsey requesting a proclamation acknowledging "America500 Birthday", marking the 500th birthday of the geographical naming of North and South America, and endorsing the opportunity to further the understanding of the distinct origins of indigenous and immigrant Americans. CA-3. Community Development Aqencv: Authorize President to execute amendment to the Community Development Block Grant ("CDBG") agreement with the Novato Unified School District, increasing the amount by $30,000 for a total contract amount of $34,675, for the Novato Even Start/Marin Head Start playground project at 1320 Lynwood Drive, Novato. Marin County BOS Agenda 3 3/20/2007 CA-4. Health and Human Services: Authorize President to execute Second Amendment to agreement with Brian Waterbury, increasing the contract amount by $25,000, for a total contract amount of $75,500, to provide coordination and management services for the Marin Medical Reserve Corps. CA-5. Human Resources: Authorize President to execute agreement with Managed Health Network ("MHN"), in the amount of $157,000, to administer the Employee Assistance Program ("EAP") for County employees and their families. CA-6. Information Services and TechnoloQv: Authorize President to execute agreement with Key Financial Services, in the amount of $251,548.62, to complete the upgrade of the Marin Institutional Network ("MIDAS INET"). CA-7. Parks and Open Space: Request ta approve plans and specifications and direct Clerk to advertise for bids for the Miller Boat Launch Renovation Project CA-8. Public Works: a. Authorize President to execute Certificate of Acceptance of Grant of Interest in Real Property from Sheila Nielsen, Trustee, for an easement deed over a portion of a public pedestrian bridge at Three Grove Park in Mill Valley. (APN 047-112-52) b. Approve temporary closure of Redwood Drive in Wood acre , between Park Street and Fern Avenue, on Wednesday, March 28, 2007, from 8:00 a.m. to 6:00 p.m., to stage a crane. c. Approve temporary closure of B Street, between 5th and 6th Streets, in Point Reyes Station on Sunday, April 22, 2007, from 7:00 a.m. to 6:00 p.m., for the annual 'Waste Free Now Recycle Circus." d. Request to approve plans and specifications and direct Clerk to advertise for bids for the North San Pedro Road Overhead to Underground Service Conversion Garden Ave. to La Pasada Project. (Project No. ECMCLD) e. Approve annual maintenance fees for software licensing for the County's IBM mainframe computer, from Computer Associates International, Inc., of Islandia, NY, in the amount of $151,177.88, for the Marin County Information Services and Technology Department. f. Approve award of Invitation For Bid ("IFB") #2462 for the purchase of a Traffic Collision Database System, from Crossroads Software, Inc. of Brea, CA, in the amount of $31,976.09, for the Marin County Department of Public Works Traffic Engineering Division. g. Authorize President to execute First Amendment to agreement with Swinerton Management and Consulting, increasing the contract by $24,900 for a total contract amount of $210,440, for construction management services for the new Throckmorton Ridge Fire Station. (Project No. CAP-90282) Marin County BOS Agenda 4 3/20/2007 ------ h. Approve single source purchase of twelve portable radios and associated hardware from Motorola of Rohnert Park, CA, in the amount of $45,208.45, for the Marin County Fire Department. i. Approve renewal of single source contract, for a two-year term with the possibility of a third-year extension, with Sprint Courier Services, Inc. of Santa Rosa, CA, in the monthly amount of $9,350 for inter-library deliveries; and approve payment in the amount of $28,050 for April, May and June, 2007. j. Request to adopt Resolution No. 2007- approving the recordation of the Subdivision Map and authorizing execution of the Subdivision Improvement Agreement for the Arbar Subdivision, located off North San Pedro Road. CA-9. Reaistrar of Voters: Approve the Certification by the County Clerk of the results of the March 6, 2007, Special Election. CA-lO. Treasurer: Request to (a) authorize President to execute agreement with Arnerich Massena & Associates, Inc., in the amount of $44,000, for investment management oversight services; and (b) approve the 457 Deferred Compensation Plan Statement of Investment Policies and Guidelines. CONSENT CALENDAR B (Items CB-1 throuQh CB-31 (Four affirmative votes reQuired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Fire: Request to accept an Office of Traffic Safety ("OTS") grant, in the amount of $103,973, to purchase state of the art extrication equipment as detailed in staff report dated March 13,2007. CB-2. Health and Human Services: a. Request to (i) accept $10,000 donation from Marin General Hospital to suppart the Women, Infants, and Children's ("WIC") program to support Breastfeeding Peer Counseling effarts; and (ii) approve related budget actions as detailed in staff report dated March 20, 2007. b. Request to (i) accept $7,788 donation from Delta Dental to purchase dental supplies for two projects focusing on oral health care for low-income pregnant women and low-income seniors; and (ii) approve related budget actions as detailed in staff report dated March 20, 2007. CB-3. Probation: a. Request to (i) authorize President to execute FY 2006-07 grant agreement with the Marin Community Foundation, accepting $63,026 grant award to provide funding for the Mediation Services Unit; and (ii) approve budget actions as detailed in staff report dated March 20, 2007. b. Request to (i) accept Title II grant funds from the State Corrections Standards Authority, in the amount of $498,690, to fund the "Substance Abuse Treatment far High Risk Youth" initiative; and (ii) approve related budget actions as detailed in staff report dated March 20, 2007. Marin County BOS Agenda 5 3/20/2007 DIGEST'1JL . MARIN COUNTY HAZARDOUS & SOLID WASTE JOINT POWERS AUTHORITY RECEiVED AB 939 LOCAL TASK FORCE MAR 1 3 Z007 Thursday, March 22, 2007 TOWN MANAC;C:RS OFFICE TOWN OF TIBlIRON Suite 200-A Conference Room 65 Mitchell Blvd., San Rafael 10:00 -11 :30 AM AGENDA Call to Order 1. Introductions by JPA Staff. 2. Local Task Force Roles, Directives, and Membership. (Informational) 3. Local Task Force WorkPlan (Informational/Action) A. Five-Year Review of Integrated Waste Management Plan. B. Diversion Rate. C. Emerging Issues. 4. Set Next Local Task Force Meeting. (Action) 5. Open Time. 6. Adjourn. F:\WasteIMlrost\JPA\L TF\AGENDA\07 -03-22.doc ~ rI I-~ ~ U 'I ......... l__~ American sign language interpreters and assistive listening devices may be requested by calling (415) 499-6172 (TOO) or (415) 499-6530)(voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Contact the County Office of Waste Management at 499-6647 for more information I 2 MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Belvedere: March 22, 2007 George Rodericks To: Locai Task Force Members Corte Madera: David Bracken Frorn: Jeff Rawles County of Marin: Re: Local Task Force Roles, Directives, and Membership Matthew Hymel Fairfax: The Marin County Hazardous and Solid Waste Management Joint Powers Authority Linda Kelly Local Task Force (L TF) is a group of representatives from Waste Haulers, Waste Facilities, Special Districts, the public, and an environmental organization. The current Larkspur: membership is as follows: Jean Bonander Mill Valley: SOLID WASTE HAULERS/ FACiLITY OPERA TORS/ LANDFiLL Anne Montgomery Marin Sanitary Service Bay Cities Refuse Novato: Patty Garbarino Greg Christie Daniel Keen Novato Disposal Service Redwood Landfill Ross: Richard Johnson Rarnin Khany Cary Broad SPECIAL DISTRICTS. San Anselmo: Almonte Sanitary District Tamalpais Community Services Debbie Stutsman Loretta Figueroa Jon Eiam San Rafael: ENVIRONMENTAL ORGANIZA nON: Ken Nordhoff Marin Conservation League Sausalito: Kathy Lowery Dana Whitson PUBLIC MEMBERS.' Tiburon: County San Rafael Ross Valley Margaret Curran Tania Levy Terry Cosgrove Torn Gaffney Novato Southern Marin Cities Matt Mc Carron Kim Huff The combination of delegates from different sectors creates a nexus of opinion, information, and experience that will allow the group to make innovative, practical recommendations of how to deal with Marin County's various waste streams. Specifically, California Code of Regulations, Section 18761 states the "L TF shall provide technicai guidance and information regarding source reduction, waste diversion and recycling to local jurisdictions during preparation and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general public at p,bli, h,,,'cg' ,cd 'PO' <eq,,,I by m,mb", ,I Ip~1 'P~lCI oed oomm"'t; ""p"""c," \ ~ ~ ~ F:\Waste'JPAAgenda Items\LTF 070313\Roles and Directives_doc '.... Ai Marin County Department "fPublic Works. P.O. Box 41R6, San RafaeL CA 94913 Phone 415/499-6647 - FAX 415/446-7373 3 3 MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Belvedere: March 22, 2007 George Rodericks (1. To: Local Task Force Members 1'4 Corte Madera: I I . c ,! ! David Bracken !if / i f j From: Michael Frost ~\!iIJl 1 U' County of Marin: l' ILl/v I Matthew Hymel Re: Local Task Force Work Pian ! . \ Fairfax: Linda Kelly In November of 2006 the JPA Board affirmed the Local Task Force (L TF) roster to reconvene the L TF as part of the Five Year Review of the Larkspur: Integrated Waste Management Plan. Additionally, it is desired to Jean BOllander examine several emerging issues and develop strategies to further Mill Valley: increase Marin's diversion rate. Therefore, staff has developed the Anne Montgomery following work plan to provide guidance in these tasks. '. Novato: A. Five-Year Review of Integrated Waste Management Plan Daniel Keen This year the JPA will complete the Five Year Review of Marin Ross: County's Integrated Waste Management Plan. This process includes Gary Broad a review of the eiements of Marin's Integrated Waste Management Plan by the L TF. Marin's last Five Year Review was completed in San Anselmo: April 2003 (attached). Debbie Stutsman San Rafael: The State requires that all cities, counties and/or regional agencies Ken Nordhoff review and, If necessary, revise their Integrated Waste Management Plans every five years. The main focus of the Five Year Review is to Sausalito: examine changes in demographics and waste patterns within Marin Dana Whitson County. Additionally, the Five Year Review will analyze Marin's Tiburon: disposal capacity needs for the future. The L TF's specific role is Margaret Curran detailed in California Code of Regulations, Chapter 8; Section 18788, prior to the fifth anniversary of California Integrated Waste Management Board approved integrated Waste Managernent Plan. The Local Task Force shall submit written comments on areas of the plan that require revisions. The L TF's review will be utilized by the JPA Board to determine if a Plan revision is necessary, make the required changes, and resubmit the plan to the California Integrated Waste Management Board. Following today's meeting, staff will prepare the Five Year Review's reassessment and implementation schedule with a completion target date of the JPA's November Board Meeting. Additionally, staff will provide the L TF members with copies of Marin's Integrated Waste Management Plan in the format of their choice (electronic or bound paper). Marin County Department of PublIc Works, P.O. Box 4186, San Rafael, CA 94913 Phone: 4]5/499-6647 - FAX 415/446-7373 5 B. Diversion Rate The JPA requested staff to work with the L TF to develop recommendations and strategies to better Marin's diversion rate. To further improve diversion rates, there will be a need to implement new programs or regulations and examine existing programs for ways to increase diversion yields. Recently the JPA reported a 76.3% countywide diversion rate for 2005. Although is the highest countywide rate in the State it is a slight decrease from 2004, which was 77%. This may be an indicator that Marin is reaching a plateau in our diversion rate. At their November 2006 Board meeting, the JPA adopted a resolution setting a goal of 80% diversion by 2012 and zero waste by 2025. JPA staff is interested in both collecting heavy materials to reach our diversion goals, and providing for the most environmentally friendly method of waste handling. To start this process, staff met with all of Marin's franchised haulers, Tamalpais CSD, Marin Resource Recovery Center, and Redwood Landfill to review operations and opportunities to increase diversion rates. During the course of these meetings, staff developed the following list of options for increasing diversion. The first set of program options can be implemented in the short-term because of existing programs and infrastructure. The second set of long term options will require additional study, require new facilities, and are much more difficult to implement. Short Term Options . Municipal Proiect Diversion Collection of diversion data from municipal projects (road resurfacing, brush removal and storm cleanup). Currently, County Road Crew reports data on their diversion activities. . C&D Ordinance Adoption and implementation of JPA's model Construction and Demolition (C&D) Ordinance. Variation of the JPA's Model C&D Ordinance have been adopted by Sausalito, Tiburon, Novato and the County Long Term Options . Foodwaste Compostinq Currently there are no facilities available in Marin to accept foodwaste for composting. Therefore, a facility would need to be sited and the logistics and costs of collection determined prior to this option being implemented. . Greenwaste Compostinq There are no compost facilities available in Marin to accept the volume of greenwaste collected. Currently, the majority of greenwaste collected in Marin is utilized as Alternative Daily Cover (ADC) and is not composted. . Debris Processinq at Redwood A debris processing facility located at Redwood Landfill would have the potential to provide a significant increase in Marin's diversion rate and prolong the lifespan of the landfill. Redwood Landfill has expressed interest in a processing facility; however, their Solid Page 2 of3 I ,() Waste Facility Permit would need to be amended prior to taking steps to develop a processing facility. While the above list of options is not presumed complete, it is intended to provide a starting point for a dialogue on increasing diversion rates. It is noted the L TF is a well rounded group that can construct and recommend realistic approaches to help Marin County meet these goals. C. Emerging Issues Whereas, Agenda item 3B emphasized means of increasing Marin's diversion, there are also discussions regarding emerging issues concerning materiais that have environmentally harmful characteristics and promoting the highest levei use of resources. Primary issues are banning plastic bags and expanded polystyrene (Styrofoam) from use in different retail sectors. Several Bay Area municipalities are exploring these issues and Oakland, Berkeley and San Francisco have Styrofoam food packaging bans. Additionally, proposals have been made by different groups in Marin County and throughout the Bay Area of ways to deal with our ever changing waste streams. There has been an emphasis on composting organics, food waste collection, anaerobic digestion of green/ food waste, banning organic materiais from the landfill, development of plasma arc gasification technology, further diverting construction and demolition debris, setting progressive can rates, and developing a reuse facility. The JPA has greatly surpassed any diversion goal and mandates of the State by developing a public/private partnership with the local waste haulers and disposal facilities. Avoiding the duplication of environmental efforts made by the private industry has allowed Marin to deal with environmental issues surrounding waste more effectively and cost efficiently than similar counties. Therefore, maintaining this partnership with Marin's local businesses will be key to addressing emerging issues successfully. Limitations on plastic bags and polystyrene may be addressed with the JPA developing a model ordinance for adoption by member agencies. However, the JPA's role in emerging technologies as plasma arc gasification or developing privately owned and operating processing facilities needs to be cultivated. It is requested the L TF develop a position on a plastic bag and polystyrene ordinance and that discussion on other emerging issues be placed on a future L TF agenda. F:\WasleIJPA Agenda Items\L TF D70313\032207 L TF workplandoc Page 3 of3 7 FIVE YEAR RIWMP REVIEW REPORT for MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY prepared by the MARIN COUNTY DEPARTMENT OF PUBLIC WORKS November 2003 q Five Year CiWMP Review Report Marin Hazardous and Solid Waste JPA Information and any questions or cornments about this document should be directed to: Mlchaei Frost, Waste Management Speciaiist County of Marin Public Works Department P.O. Box 4186 San Rafael, California 94913 (415) 499-3725 mfrost@co.marin.ca.us 10 Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report TABLE OF CONTENTS CHAPTER 1.0 INTRODUCTION. ....................................... ......... .................. ... ...... ..... 1 CHAPTER 2.0 BACKGROUND ................. ..... ........ ............. ......... ........................... ... 3 CHAPTER 3.0 CHANGES AND TRENDS ..................................................................4 S ETTI NG ... .... ..... ...... ... ...................... .... ........ ... ..... '" .... ........ ...... .................... ...........................4 Figure 1. Map of Marin County........ ............... .......... ...... ............................................4 AD M INISTRA TIVE RESPONSiBILITIES............................................................................ .....5 OVERVIEW ............................................................................................................... ................6 DE MOG RAPHICS..... .... ..... ..... ............ ......... ... ... ........ .... .... ... ............ ...... ...... .... ..................... ... 6 Tabie 1. Population........................... ..... ........ ......... ...................................... .... .......7 Table 3. Countywide Household Income...............................................................................8 Table 4. Adjustment Factors................................................................... .................. ...........9 HOW DEMOGRAPHICS AFFECT DIVERSION RATES.........................................................9 QUANTITIES OF WASTE...................................................................................................... 12 Table 5. Pounds per Capita......................................................................................... 12 Table 6. Projected Disposal vs. Reported Disposal... ....................................... .......... 13 DiVERSiON............................................................................................................................ 13 Table 7. Projected Diversion vs. Reported Diversion.................. ...... ......... ........... ....... 14 Table 8. Projected Generation vs. Reported Generation........ ..... ........... ...... ....... 14 Table 9. Diversion Rate Trends (1995-2000).......................... .......... ........ ...... ........ 14 FUN DING SOURCES ................... ......................................................................................... 15 PROGRAM IMPLEMENT A TION ................................................................................. .......... 15 PERMITTED DISPOSAL CAPACiTy.................................................................................... 16 QUANTlES OF WASTE DiSPOSED..................................................................................... 16 AVAILABLE MARKETS ...............................................,............ ............................................ 16 IMPLEMENTATION SCHEDULE .......................................................................................... 16 OTH ER ISSU ES ..........................................................................................,......................... 16 CHAPTER 4.0 SUMMARY STATEMENT ...................................................................18 APPENDIX A: Marin JPA's PARIS Reports APPENDIX B: Draft Report Comment Letters II Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Reporl CHAPTER 1.0 INTRODUCTION The California Integrated Waste Management Act of 1989 (Assembly Bill 939) requires cities and counties in Caiifornia to reduce the amount of solid waste disposed in landfills and transformed by 25% by 1995; by 50% by the year 2000 and beyond through source reduction, recycling, and composting activities. Transformation may be used to reduce the wastes sent to landfills by no more than 10% in the year 2000. The Regionwide Integrated Waste Management Plan (RIWMP) is comprised of Marin's Multi-Jurisdictional Source Reduction and Recycling Element (SRRE), Multi-Jurisdictional Household Hazardous Waste Element (HHWE), Multi- Jurisdictional Non-Disposal Facility Element (NDFE), Countywide Siting Element (CSE) and Regional Summary Plan. The SRRE, HHWE and NDFE are the guiding documents for how Marin County and its cities will attain these waste reduction goals. The RIWMP is intended to be a planning document, which summarizes waste management problems facing Marin. It also provides an overview of the actions that will be taken to achieve PRC section 41780. RIWMPs and any amendments are approved by the Regional Agency by a vote of a majority of its member agencies with a majority of Marin's population. PRC Section 41822 requires each city, county, and/or regional agency to review its SRRE or the RIWMP at least once every five years to: (1 ) correct any deficiencies in the element or plan; (2) comply with the source reduction and recycling requirements established under PRC Section 41780; and (3) revise the documents, as necessary. The California Integrated Waste Management CIWMB (CIWMB) clarified the five-year RIWMP review process in CCR Section 18788. Section 18788 states that prior to the fifth anniversary of CIWMB approval of the RIWMP, the Local Task Force (L TF) shall complete a review of the RIWMP to assure that Marin's waste management practices remain consistent with the hierarchy of waste management practices defined in PRC Section 40051. The hierarchy stated in PRC 40051 is: (1 ) source reduction; (2) recycling and composting; (3) environmentally safe transformation and environmentally safe land disposal. 1 13 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA The process identified in CCR 18788 is summarized as follows: );> prior to the 5th anniversary, the L TF shall submit written comments on areas of the RIWMP, which require revision to the Regional Agency and the CIWMB; );> within 45 days of receipt of comments, the Regional Agency shall determine if a revision is necessary and notify the L TF and the CIWMB of its findings in a RIWMP Review Report; and );> within 90 days of receipt of the RIWMP Review Report, the CIWMB shall review the Marin JPA's findings and, at a public hearing, approve or disapprove the Marin JPA's findings. CCR 18788 also identifies the minimum issues, which are to be addressed in the RIWMP Review Report. They are: (A) changes in demographics in the county; (B) changes in quantities of the waste within the county; (C) changes in funding sources for administration of the Countywide siting element and summary plan; (0) changes in administrative responsibilities; (E) program implementation status; (F) changes in permitted disposal capacity and quantities of waste disposed of in the county; (G) changes in available markets for recyclable materials; and (H) changes in the implementation schedule. On October 30,1998 and again on July 21,2000, the CIWMB Office of Local Assistance sent letters to jurisdictions clarifying the CIWMB's oversight of the five year revision process. The July 2151 letter essentially noted that 1) the five year anniversary is from the date of approval by the CIWMB of the RIWMP, 2) the CIWMB Legal staff determined that jurisdictions can utilize their annual reports to update program information, if a revision is not determined by the jurisdiction to be necessary, and 3) that if a revision is determined to be necessary, it may be submitted with the next annual report. 2 /4- Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report CHAPTER 2.0 BACKGROUND Working jointly the incorporated cities and towns of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon and unincorporated Marin County developed the below documents to comply with the Integrated Waste Management Act (AB939) and these were compiled as components of the Regionwide Integrated Waste Management Plan (RIWMP). These documents include: r A Multi-Jurisdictional Source Reduction and Recycling Element (SRRE) including all of Marin's incorporated cities and the unincorporated County of Marin as named above; y A Multi-Jurisdictional Household Hazardous Waste Element (HHWE) including all of Marin's incorporated cities and the unincorporated County of Marin as named above; r A Multi-Jurisdictional Non-Disposal Facility Element (NDFE) including all of Marin's incorporated cities and the unincorporated County 0.1 Marin as named above. In August of 1996 Marin County and its incorporated cities and towns (Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausaiito, and Tiburon) formed the Marin Hazardous and Solid Waste Joint Powers Authority (JPA). The JPA as a regional agency prepared the following documents in addition to the above mentioned components comprise Marin's RIWMP: , Countywide Siting Element (CSE) r y Regional Summary Plan (RSP) 3 /5 Five Year CIWMP Review Report Mann Hazardous and Solid .Waste JPA CHAPTER 3.0 CHANGES AND TRENDS This chapter summarizes the changes and trends related to Demographics, Amount of Waste Generated and Disposed and Diversion. Additionally, this chapter provides an overview of the Marin's Setting, Administrative Responsibilities, Funding Sources, Program Implementation, Permitted Disposal Capacity, Availabie Markets and Implementation Schedule. SETTING Although Marin is usually thought of as a suburban residential and recreational area, ranching and dairying are major features of the rural areas of West Marin. Industry in the county includes movie and video production, computer software, communications equipment, printing, and the manufacture of plastic products, ceramics, candles, and cheese. One of the nine Bay Area counties, Marin County is linked to San Francisco by the Golden Gate Bridge and to the East Bay by the Richmond-San Rafael Bridge. It is bordered on the north and northeast by Sonoma County and on the west by the Pacific Ocean. There are 11 incorporated cities in Marin County (Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito, and Tiburon) all of which are located near or along the developed Hwy 101 corridor in eastern Marin. The 520 square miles of Marin offer a wide variety of topography, climate, and vegetation, from the tidal flats of the coastline to the slopes of Mt. Tamalpais rising 2,600 feet above sea level; from the dense stands of redwood and pine to the inland grasslands and exposed rocky areas, and the coastal fogs that temper the warm inland temperatures in summer. The combination of mountains, sea, and climate in Marin County, with 141,400 acres of federal, state, and county parkland, county open space, and two water districts' lands devoted to recreation, has made the county a recreation spot for the entire Bay Area. Marin County has many state, county and city operated parks and recreational facilities including: China Camp State Park, Mt. Tamalpais State Park, Point Reyes National Seashore, and the Golden Gate National Recreatian Area. Figure 1. Map of Marin County 4 'Ip Marin Hazardo.us and Solid Waste JPA Five Year CIWMP Review Report ADMINISTRATIVE RESPONSIBILITIES No substantial changes have occurred in the administration of the RIWMP. Below is a listing of the agencies and/or departments, which are currently implementing AB939 programs in Marin: ',.- The Marin County Hazardous and Solid Waste Joint Powers Authority, Marin's Regional Agency, is comprising of all Marin County's incorporated and unincorporated areas. The principle purposes of the regionai agency are to prepare and meet the goals of the RIWMP, to share diversion credit, and to avoid duplication of effort. The Regionai Agency was formed in August 1996 and its members consists of the following jurisdictions: Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, Tiburon, and the County of Marin. The Regional Agency performs the following specific roles: development and implementation of Marin County's Regional Integrated Waste Management Plan, monitoring of Marin County's diversion rates, and the implementation and, for all jurisdictions except for Novato, operation of Marin County's permanent household hazardous waste collection facilities. The City of Novato in conjunction with Novato Sanitary District implements its own househoid hazardous program for residents and businesses. ',.- The Marin County Department of Public Works provides staff to the Marin County Solid and Hazardous Waste Joint Powers Authority and performs the functions of budgeting, planning activities, and monitoring. /'" The Marin County Office of Environmental Health serves as the Local Enforcement Agency (LEA) for all of Marin County and its Cities. The LEA's duties include the permitting, inspection and enforcement of all active and abandoned solid waste facilities. ',.- The Marin County Community Development Department serves as the land use authority for Redwood Landfill, Marin County's disposal facility. :r A Local Task Force (L TF) provides advice and assistance for the preparation, maintenance, and review of Marin's RIWMP. The L TF is appointed by the Marin County Soiid and Hazardous Waste Joint Powers Authority and is composed of representatives of the cities, unincorporated county, special districts, solid waste and recycling industries, and environmental organizations. ',.- Marin Regionwide, 21 agencies franchise for waste collection and recycling services with five private haulers, and one agency provides 5 t7 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA waste collection service directly. The franchisers include ten of Marin's eleven cities (all but Novato), eleven special districts (one which franchises collection of Novato's waste), and the County. OVERVIEW Existing SRRE and HHWE goals, policies and objectives remain consistent with PRC 40051 and 40053. The existing and selected programs for each SRRE and HHWE are reviewed continually by Marin's Regional Agency and its member agencies. All programs have been implemented. The annual reports and the Planning Annual Report Information System (PARIS) for the Marin County Regional Agency are up to date. Although there have been some changes in program implementation, schedules, costs, and results, these changes are not considered to be significant. Furthermore, it is felt that continued emphasis on program development, evaluation, and implementation are more important than refining the RIWMP through a revision. DEMOGRAPHICS The population of Marin expanded approximately 0.9 percent annually through the 1990's, reaching 247,289 as of the 2000 Census. The population of Marin County is projected to increase another 11.4 percent to 275,289 by the year 2020. This population growth rate is ranked among the lowest in the State1. In contrast, the Marin has the highest per capita income in the San Francisco Bay Area and California. The per capita income of Marin residents was $57,981 in 1999, compared with $41,129 for the Bay Area and $29,857 for California2. In addition to ranking the highest per capital income, Marin County's 2000 employment was 138,700 and had a unemployment rate of 1.6 percent for that same year. This was the lowest unemployment rate in the State, being significantly lower than the state's 2000 unemployment rate of 4.9 percenl.3 Tables 1 through 7 depict demographic changes from 1990 to 2000. In contrast to many areas of the State, Marin has not experienced significant population growth during this review period. However, the residential income rates experienced considerable growth and enjoy a high employment rates, which have resulted in increased waste generation. The data shown in these tables use standardized data from Marin's annual reports to maintain continuity for the purposes of this report. I Source _ Marin Profile 2001, A Survey of Economic, Social and Environmental Indicators. 2 Source _ Marin Profile 2001, A Survey of Economic, Social and Environmental Indicators. 3 Source - Employment Development Department 6 ''''' Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report Table 1. Population' -~ ~ Population Jurisdiction 1990 2000 Difference % ChanQe - Belvedere 2,147 2,125 22 -1% - Corte Madera 8,272 9,100 828 10% Fairfax 6,931 7,319 388 6% LarksDur 11,000 12,014 1014 9% Mill Vallev 13,038 13,600 562 4% Novato 47,585 47,630 45 0% Ross 2,180 2,329 149 7% San Anselmo 11,743 12,378 635 5% San Rafael 48,404 56,063 7,659 16% Sausalito 7,152 7,330 178 2% Tiburon 7,532 8.666 1,134 15% -- Unincornorated 64,112 68,735 4,623 7% CountyWide 230,096 247,289 17,193 -~ Marin County experienced a 8 percent population growth between 1990 and 2000. However this growth was not evenly distributed throughout Marin. Some cities had fairly low or negative growth such as: Belvedere (-1 %), Novato (0%), Sausalito (2%) and Mill Valley (4%). Higher levels of growth occurred in the City of San Rafael (16%) and the Town of Tiburon (15%). The unincorporated County and the remaining cities and towns experiencing growth siightiy above and below the average of 8 percent Although the City of Novato's population increased by 0 percent, this statistic does not accurately report Novato's growth nor reflect its population transformation. While the City of Novato as with all of Marin's jurisdictions experienced an accelerated commercial and residential remodeling boom fueled by the economic prosperity enjoyed by the state, Novato was the site of Marin's major redevelopment project, Hamilton. Hamilton AFB, located in Novato, was decommissioned in the mid 1970's, however it retained a sizeable military population into the 1990's when it was closed and redeveloped into 700 residential housing units and commercial space. The waste generated during the clean-up and redevelopment of Hamilton had a major impact on Marin's waste generation. The redevelopment phase of Hamilton achieved an 80% diversion rate of all waste materiai generated. Not-with-standing this achievement, Hamilton's redevelopment accounted for 15% of Marin's total disposal in calendar year 2000. 4 Source - US Census Data from 1990 and 2000. 7 /9 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA Table 2. Housing Units5 Jurisdiction Housing Units 1990 2000 Difference % Change Belvedere 1,037 1,059 22 2% Corte Madera 3,717 3,850 133 4% Fairfax 3,225 3,418 193 6% Larkspur 5,966 6,413 447 7% Mill Valley 6,139 6,286 147 2% Novato 18,782 18,944 162 1% Ross 759 805 46 6% San Anselmo 5,330 5,408 78 1% San Rafael 21,139 22,948 1,809 9% Sausalito 4,378 4,511 133 3% Tiburon 3,433 3,893 460 13% Unincorporated 23,862 25,455 1,593 7% Countywide 99,757 104,990 5,233 5% Overall the increase in population is similar to increases in the number of housing units per jurisdiction: Fairfax (6%), Larkspur (7%), Mill Valley (2%), Novato (1 %), Ross (6%), Sausalito (2%), and the unincorporated County (7%). The exception of this were the following jurisdictions: Belvedere (2%), Corte Madera (4%), San Anselmo (1%), and San Rafael (9%). With the exception of Belvedere, these jurisdictions had a higher increase in population than the percent increase in housing units. On the other hand, Belvedere's population increased less than that of housing units. Countywide there was an 5% increase in total housing units between 1990 and 2000. Only Tiburon (13%) experienced a significantly larger percentage increase in housing units from the countywide increase. Table 3. Countywide Household Income6 1990 2000 Difference % ChanQe Median Household Income $ 48,544 $ 71,306 $ 22,762 47% Mean Household Income $ 67,828 $ 103,173 $ 35,345 52% 5 Source _ California Department of Finance - Demographic Research Unit 6 Source _ US Census Bureau 8 :1.P --- Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report The increase in the median household income of 47% out paced the increase in inflation for this area as represented by the SF Bay Area Consumer Price Index (CPI), which increased by 34.4% between 1990 and 2000. Adjusting the above 1990 income statistics to reflect inflation (SF Bay Area CPI) it would result in a median income of $65,243 and a mean income of $91 ,161. The 2000 income statistics were 13% greater than these inflation adjusted figures. Table 4. Adjustment Factors Taxable Sales Factor 1990 2000 Difference % Change Population 230,096 247.289 17,193 7% Employment? 127,200 138,700 11,500 9% Taxable Transactions8 $ 2,463,~35 $ 4,056,025 $ 1,592,390 65% Consumer Price Index' 131.1 176.3 45.2 34.4% Taxable sales in Marin increased 65 percent between 1990 and 2000. This rate was nearly double the rate of the Bay Area CPI and even greater than the Increase in income. During the same time period Marin's Employment increased 9 percent, a rate slightly higher than Marin's population. While unemployment remained the lowest in the State with 1.6 percent in 2000, down from 2.5 percent in 1990.10 HOW DEMOGRAPHICS AFFECT DIVERSION RATES Accurate base-year generation tonnage is critical to diversion goal measurement, because it establishes a starting point. Base-year generation means the amount of waste generated (disposed + diverted) during the year which was used for jurisdiction's solid waste generation study. The CIWMB calculates all future generation by extrapolating from the base year. Waste generation in subsequent years is generally extrapolated using the CIWMB adjustment method. The adjustment method is a standard formula used in diversion rate measurement to offset changes in a jurisdiction's population and economic conditions between the base year and the measurement year (also referred to as reporting year). Without the adjustment method, population increase and economic booms would result in lower diversion rates. The adjustment method used the base-year generation amount and the changes in 7 Source - Employment Development Department 8 California Department of Finance - Demographic Research Unit 9 Department of Industrial Relations - Division of Labor Statistics and Research 10 Source - Employment Development Department 9 cJ/ Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA population and the economy to estimate the generation amount in each report year. The method uses four factors: population, employment, and taxable sales adjusted using the consumer price index. The adjustment method yieids and estimated report-year generation tonnage. Jurisdictions' diversion rates are generally calculated by extrapolating tons diverted by subtracting the amount of disposal from the estimated report-year generation. In 1995, local governments were required to implement a state-mandated disposal reporting system to quantify the annual disposal tonnage for each jurisdiction. Prior to this time, there was no system for measuring waste disposal at the jurisdiction level. Instead, there were only state requirements for tracking quarterly disposal tonnage at the landfill level, which usually represented waste disposed from multiple jurisdictions. As a result, many inaccurate assumptions were made in the base-year waste generation studies to allocate tonnage down to the jurisdiction-specific level. For example, many counties used population ratios to allocate countywide tonnage. Additionally, many landfills were not equipped with scales prior to 1995, so disposal tonnage had to be estimated. Methods to estimate the disposal tonnage included visual estimations, estimates based on aerial photos, the use of published volume-to-weight conversion factors, or actual measured volume-to- weight conversion factors. Further, many jurisdictions relied primarily on franchised hauler data to determine their base-year disposal data and omitted or understated self-haul or nonlicensed hauler tonnage. Thus, although based on the best available data at the time, the base-year data included inaccuracies due to estimation errors, misallocations of regional tonnage to individual jurisdictions, and/or omissions of significant portions of the nonfranchised waste stream. Many of the 1995 annual reports prepared-to-date include base-year revisions to correct for these types of errors. As discussed above, the disposal reduction measurement system calculates a diversion rate based on the disposal reduction calculations. The disposal reduction calculations are based on a comparison of the adjusted base-year generation (an estimate of the reporting-year generation) with the actual reporting-year disposal. Large errors which understate base-year generation can result in exceedingly low diversion rates. Thus, inaccuracies in the base-year data can have a significant adverse impact on the calculated diversion rate. Therefore, base-year inaccuracies could negatively impact jurisdictions' ability to quantitatively demonstrate their actual progress toward achieving the 25 percent diversion goal of 1995 and the 50 percent diversion goal of 2000. As with most local agencies in the State, Marin's 1990 Base-Year Study did not escape inaccuracies of underestimating the amount of waste generated on an annual average. Fortunately, in 1993 Marin began implementing a disposal and 10 ~ Mann Hazardous and Solid Waste JPA Five Year CIWMP Review Report diversion monitoring system which enabled analysis of actual tonnage away from the 1990 estimations. This analysis revealed multiple problems with incorporated and unincorporated allocation and that self-haul and non-franchised hauler generation was significantly underestimated. While the effects of the underestimation did not amount to exceedingly low diversion rates or the prevention of Marin achieving its mandated goals, it was realized that significant discrepancies existed between Marin's actual diversion rate and the CIWMB's standard formula diversion rate measurement. To assist in remedying 1990 base-year study inaccuracies the CIWMB developed alternative options that dealt with both base and reporting year inaccuracies. These options were designed to allow a jurisdiction to seiect what they believe to be the most cost-effective option(s) for increasing their base-year and/or reporting-year accuracy. One of these options was to form a regional agency. The advantage of a regional agency is it may report to the Board as a single entity and, therefore, eliminate many of the allocation errors petween cities, towns, and unincorporated areas. In 1997, to remedy the base-year allocation errors, which caused wild fluctuations in diversion rates between jurisdictions with identical services, the Marin County and all of Its Incorporated cities applied for and was granted regional agency status by the CIWMB. In addition to forming a regional agency Marin elected to employ a second option to remedy base-year inaccuracies, a Generation-Based Method. Developed by the CIWMB to remedy 1990 base and reporting year inaccuracies the Generation-Based Method allows jurisdictions to provide an annual generation- based analysis to the Board each year. Since the disposal tonnage is now being tracked annually in the DRS, a jurisdiction that is also tracking large tonnage diversion programs (such as curbside recycling in combination with composting, or a MRF) might easily demonstrate goal compliance using readily available disposal plus diversion (i.e., generation) data. A generation-based analysis eliminates the need for base-year data since an estimate of the reporting-year generation is no longer needed when actual data is available. The Generation- Based Method was utilized by Marin to report its diversion rate for their 1998 Annual Report. Marin has continued to utilize the Generation-Based diversion calculation method in all of its subsequent annual reports. Unlike the CIWMB's standard method, which estimates reporting-year diversion using 1990 estimates and demographic changes to develop a best-guess diversion rate, the Generation-Based Method uses actual tonnage. Consequently, demographics do not directly affect diversion rates, but chronicle of a waste stream and its generation. Marin's demographics indicate the presence of high-wage skilled jobs and relatively wealthy residents and Marin achieves high ran kings among all California counties on a variety of income measurements. Therefore, it would be assumed that Marin would consume and 11 c)3 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA generate waste, both disposal and diversion, at higher rate than less affluent communities. QUANTITIES OF WASTE Table 5 provides the calculated per capita (pounds per person per day) of totai waste generation within Marin for the 1990 Base-Year and Reporting-Years 1995-2000. The statewide average per capita in 2000 for total waste generation was approximately 10.6 ppd. The average per capita for the same time period was approximately 3 pounds higher. This higher rate of generation are consistent with Marin's higher levels of income and taxable transactions. Also, it should be noted that there is a significant jump average per capita (i.e. generation) between the 1997 and 1998 reporting years. This increase coincides with the reporting of actual tonnage using the Generation Base Method and provides substantiation of 1990 generation underestimation. However, compounding the size of this increase was the added generation of the Hamilton redevelopment project. Table 5. Pounds per Capita Year Document Population 11 Total Tons Per Capita 13 Generated12 Marin Multi- 1990 Uurisdlctional RIWMP 230,096 371,297 8.8 Marin Countywide 1995 !Annual Reoort 240,536 363,431 8.8 Marin Countywide 1996 !Annuai Reoort 239,265 411,353 9.4 Marin Regional 1997 f'\>Jency Annul Rot. 242,215 421,469 9.5 Marin Regional 1998 f'\qencv Annul ROt. 245,900 559,806 12.5 Marin Regional 1999 Aqencv Annul Rot. 245,830 630,963 14.1 Marin Regional 2000 A>Jency Annul Rot. 247,289 624,427 13.8 Marin's reported disposal compared to Marin's Multi-Jurisdictional SRRE's projected disposal for the period 1995 through 2000 (according to the Marin's 11 Sources: 1990 & 2000 US Census Data, 1995-1999 California Department of Finance- Demographic Research Unit. 12 Total Tons Generated is taken from CIWMB approved Generation-Based generation. 13 Per Capita is the Pounds Per Person Per Day which was calculated by multiplying the Generation Estimate (represented in tons) by 2000 then dividing by the Popuiatlon which results in the Pounds Per Person Per Year which is then divided by 365. 12 ,11- ------- Mann Hazardous and Solid Waste JPA Five Year CIWMP Review Report Annual Reports) is shown in Table 6. With the exception of reporting year 1997, reported disposal surpassed the disposal amount projected in the SRRE by 20 percent annually. The differentiation in the projected vs. reported is attributed to underestimation of 1990 disposal and higher than anticipated growth during the economic expansion of the nineties. The 1997 reporting year drop in reported tonnage is attributed to the State granting the exclusion of Class II contaminated soil from Marin's disposal reporting. Additionally, 1997 disposal was effected by the easing of State requirements for the handling of sewage sludge and the expansion of landfill salvage operations at Redwood Landfill. However, due to the Hamilton redevelopment project and the economic boom of the mid-to-Iate 1990's,reporting-year 1998 increased to near pre-1997 levels. Table 6. Projected Disposal vs. Reported Disposal Year SRRE Reported Percent Proiected Difference 1995 204,422 241,365 18% 1996 199,393 244,561 23% 1997 193,012 194,185 1% 1998 187,679 238,488 27% 1999 182,618 229,964 26% 2000 1 77 ,464 214,063 21% DIVERSION Tables 7 through 9 identify diversion performance between 1995 and 2000. 1990 Diversion estimates underestimated totai diversion and were based on flawed methodologies. Therefore, reported diversion rates estimated using the standard diversion calculation formula are significantly lower than those projected in the SRRE. Conversely, actual diversion rates reported using the Generation-Based Method (1998-2000) ranged significantly higher than those projected in the SRRE. This discrepancy between projected and reported diversion from 1998 through 2000 is attributed to the following factors: underestimation of base-year diversion and selfhaul activities; unanticipated prosperity and growth through the 1990s; and increased waste generation from the Hamilton redevelopment project. 13 /25 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA Table 7. Projected Diversion vs. Reported Diversion Year SRRE CIWMB Percent Projected Approved* Difference 1995 166,345 101,487 -39% 1996 173,935 143,294 -18% 1997 182,872 172,202 -6% 1998 190,764 268,933 41% 1999 198,384 319,866 61% 2000 206,096 334,394 62% * Reporting years 1995 - 1997 utilize the standard method of diversion calculation and, therefore, the diversion portion of generation is estimate base on the 1990 data and adjustment factors. Table 8 identifies projected and reported generation for the 1995 - 2000 time period. This is a summation of Tabies 6 and 7. Table 8. Projected Generation vs. Reported Generation Year SRRE CIWMB Percent Projected Approved* Difference . 1995 370,767 342,852 -8% 1996 373,328 387,855 4% 1997 375,884 366,387 -3% 1998 378,443 507,421 34% 1999 381,002 549,830 44% 2000 383,560 548,457 43% * Reporting years 1995 - 1997 utilize the standard method of diversion calculation and, therefore, the diversion portion of generation is estimate base on the 1990 data and adjustment factors. Table 9. Diversion Rate Trends (1995-2000) Jurisdiction Years 1995 I 1996 1997 I 1998 1999 I 2000 Marin Countywide 32% I 41% 47% I 53% 58% I 71% 14 .,jt, ~._.- Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report Table 9 demonstrates the effectiveness of programs implemented by the high diversion reached by the Marin regional agency. All diversion programs selected for implementation in the Multi-Jurisdictionai SRRE are in place. There is potentiai for additional gains in diversion with the increased use of the Mixed Waste Processing Facility Program. The Mixed Waste Processing Facility Program has been implemented by the majority of the JPA's member agencies. However, due the cost effectiveness of travel distances to Marin's material recovery facility and hauling contracts the program has not been implemented in all areas of the Regional Agency. FUNDING SOURCES The JPA charges a solid waste tipping fee to Marin's franchised haulers, solid waste transfer station, landfill, and special district performing their own waste hauling (Tamalpais Community Service District) to implement and monitor the programs identified in Marin's SRRE and HHWE. For FY 2002-2003 this fee was $3.35 per ton for all disposal and generated $ 1,222,578 for the implementation of programs. Individual member agencies include the costs for recycling and green waste collection in the disposal rates charged to businesses and residents within their perspective districts. Additionally, the JPA periodically seeks grants to augment and assist in the implementation of selected programs. PROGRAM IMPLEMENTATION The Marin's Annual Reports have provided updated information concerning program implementation. All programs selected in Marin's RIWMP have been implemented. Some programs not selected have also been implemented and are reported in the Annual Reports. Refer to Marin's 2000 Annual Report, Section C (Appendix A) to view 2000 PARIS Reports which summarize the status of implementation of programs. Through implementation of the diversion programs listed in Appendix A Marin has found much success in reaching and surpassing the States mandated goals. In reporting year 2000 Marin County diverted 71 percent of its waste and according to the California Integrated Waste Management Board Marin reached the highest countywide waste diversion rate in the state. To achieve this high diversion rate, Marin has tailored their waste handling infrastructure to include curbside recycling, material recovery facilities and composting operations that are supported by comprehensive waste prevention and public education efforts. Another sign of Marin's success in program implementation is the CIWMB's awarding Marin their 2001 "Trash Cutter Award". In the award of the Trash Cutter Award Marin was recognized for high recycling results and efficient cost- effective program implementation through Marin's public/private partnership 15 ~7 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA between local government agencies and the haulers and facility operators. Additionally, the CIWMB has awarded Marin's businesses, including the owners of its Material Recovery Center, 179 WRAP (Waste Reduction Awards Program) Awards. In so, recognizing the businesses for their outstanding efforts in waste reduction. PERMITTED DISPOSAL CAPACITY Disposal capacity continues to be provided by Redwood Landfill (SIS # 21-AA- 0001). Redwood Landfill is iocated a few miles north of the City of Novato in unincorporated Marin County. As reported in Marin's 2000 Annual Report, estimated remaining disposal capacity of Redwood Landfill to be 39 years. QUANTIES OF WASTE DISPOSED Marin has not experienced any significant and/or unplanned changes in quantities of waste disposed. Since the implementation of the state mandated disposal reporting system in 1995, the annual quantity of waste generated in Marin for disposal has decreased twelve percent from a high of 244,561 tons to 214,063 in year 2000. This percentage decrease is virtually identical to the planned decrease in Marin's CIWMB approved RIWMP. AVAILABLE MARKETS Marin is reliant on its franchised haulers and facility operators to secure markets for the materials collected for recovery. Markets for recovered materials have been available. Though the market material quantity supply and demand and resulting market prices often fluctuate, outlets continue to be available. The exception to this are e-waste markets. As with e-waste itself, available Markets for e-waste are immature and are currently dependant with overseas markets. The JPA maintains a list of the most available construction and demolition material recyclers in and near Marin on the JPA's web site Marinrecycles.org. Otherwise, all JPA member agencies rely on their franchised haulers and facility operators to find markets for materials collected. IMPLEMENTATION SCHEDULE Minor changes in implementation schedules have occurred but are not significant. Implementation status and changes are reported Marin's Annual Reports to the CIWMB. A copy of Marin's PARIS Report from their 2000 Annual Report is included herein as Appendix A. OTHER ISSUES Appropriately, in 2001 the State banned the disposal CRT's in landfills. 16 J,...<i? . , , Marin Hazardous and Solid Waste JPA Five Year CIWMP Review Report Following the ban on the disposai of CRTs, the State is in the process of uniformly banning the disposal Consumer Electronic Devices (CEDs). It is planned for CEDs to be banned from landfilling for businesses in February of 2004 and residents in February of 2006. CEDs span a large variety of everyday products, such as: computers, cell phones, telephones, answering machines, radios, stereo equipment, tape players/recorders, video cassette players/recorders, compact disc players/recorders, DVD players/recorders calculators and some appliances. Currently, both CRTs and CEDs are being sold in California without restrictions and without a recycling infrastructure in place. Local governments have inadvertently become the responsible parties and are being forced to underwrite the increasingly costly task of cleaning up the electronics industry's toxic mess on the backs of the taxpayers. The State needs to addresses this crisis with 'producer responsibility' approach by requiring manufacturers of hazardous electronic devices to establish and implement a collection, processing, recovery, reuse, and recycling system for their obsolete and hazardous products. Additionally, pressure needs to be placed on manufacturers to phase down the use of hazardous materials in these devices. 17 c29 Five Year CIWMP Review Report Marin Hazardous and Solid Waste JPA CHAPTER 4.0 SUMMARY STATEMENT :>- The overall framework of the RIWMP is still applicable. :>- The goals, objectives, policies, funding sources, and responsible administrative organizational units noted throughout the RIWMP are substantially accurate. :>- Nearly all of the selected or aiternative programs have been and are continuing to be implemented, as well as programs not selected in the Multi-Jurisdictional SRRE. :>- Although a .few programs have been revised, overall program implementation has been discussed in the annual reports and in Marin's PARIS reports have been kept updated. :>- Consequently, the Marin JPA feels that the most effective allocation of available resources at this time is to continue to utilize the existing RIWMP as a planning tool augmented by the annual reports. , For these reasons, the Marin JPA does not feel that revision of its RIWMP ,. is warranted or desirable at this time. 18 30 ~.. Di['I"';,;:'ST 11 ,!i,J,_ . " GENERAL ASSEMBLY BUSINESS MEETING 0 THURSDAY, APRIL 19, 2007, 12:00 PM PALACE HOTEL 2 NEW MONTGOMERY STREET SAN FRANCISCO, CALIFORNIA AGENDA & MINUTES ASSOCIATION OF BAY AREA GOVERNMENTS REPRESENTING CITY AND COUNTY GOVERNMENTS OF THE SAN FRANCISCO BAY AREA As S 0 C] A T ION OF BAY AREA COVERNMENTS 0 Hepreseniinq (ity and (ollnty (lovemmenb of the Sail ~-rdrll")(() brl'/ Area ABAG A G E N D A GENERAL ASSEMBLY BUSINESS MEETING Thursday, April 19, 2007, 12:00 PM Palace Hotel 2 New Montgomery Street San Francisco, California 94105 STATUS 1. CALL TO ORDER 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROVAL OF SUMMARY MINUTES - April 20, 2006, General Assembly' Action 5. PRESIDENT'S REPORT 6. PROPOSED ANNUAL BUDGET AND WORK PLAN - Fiscal Year 2007-2008' Action Including Member Dues 7. PROPOSED BYLAW CHANGE' Action Article VII, Section A(7) re Per diem 8. ANNOUNCEMENTS 9. ADJOURNMENT . Attachment included. Mailing !\c1(Jrcss j'-(j l:)oxl(;~)U Uakl,lnd, l_ilritornld '7~1)()/'- j:J~U ':)iUi4b4-/\j(J(i IJx:!'JIU,iNI-/'J/(" 1111Q(!~dlJaq,Cj,qm" Location IO'iC"Dh I' 80rl MetroCenter Illl[iqll:!lC,IIC'PI Oakland, lallfofrll(j Wi)/' ~7"i!) SUMMARY MINUTES ABAG General Assembly Business Meeting, April 20, 2006 Moscone Center San Francisco, CA 1. CAll TO ORDER The meeting was called to order by President Dave Cortese at 12:05 p.m. 2. CONFIRMATION OF QUORUM President Cortese asked whether a quorum of voting delegates was present, Legal Counsel Kenneth May confirmed quorum with seven county delegates and 51 city delegates present, County Deleaates and Alternates Present Jurisdiction Supervisor Susan Adams County of Marin Supervisor John Gioia County of Contra Costa Supervisor Scott Haggerty County of Alameda Supervisor Rose Jacobs Gibson County of San Mateo Supervisor Mark Kerns County of Sonoma Supervisor Mark Luce County of Napa Supervisor John Vazquez County of Solano Citv/Town Deleaates and Alternates Present Jurisdiction Mayor Janet Abelson City of Ei Cerrito Mayor Paul Albritton City of Sausalito Mayor Pro Tem Maria Alegria City of Pinole Mayor Irma Anderson City of Richmond Councilmember Ana Apodaca City of Newark Councilmember Newell Arnerich Town of Danville Councilmember Ruth Atkin City of Emeryville Mayor Len Augustine City of Va cavil Ie CouncilmemberTom Bartee City of Vallejo Counciimember John Barton City of Palo Alto Councilmember Larry Chu City of Larkspur Mayor Pro Tem Stanley Cohen City of Sonoma Councilmember Dave Cortese City of San Jose Mayor Carole Dillon-Knutson City of Novato Mayor Trevor Evans-Young City of Hercules Councilmember John Fannon City of Hilisborough Mayor Pro Tern Kelly Fergusson City of Menlo Park Mayor Helen Fisicaro Town of Calma Vice Mayor Daniel Furtado City of Campbell Vice Mayor Jack Gingles City of Calistoga Councilmember Pedro Gonzalez City of South San Francisco Councilmember Robert Good City of Albany Councilmember John Hanecak City of Pleasant Hill Councilmember Olden Henson City of Hayward Item 4 1 Council member Kasie Hildenbrand City of Dublin Councilmember Nadia Hoiober City of Millbrae Councilmember Carol Klatt City of Daly City Mayor Linda Koelling City of Foster City Councilmember Patrick Kwok City of Cupertino Councilmember Jake Mackenzie City of Rohnert Park Councilmember Shawn Marshall City of Mill Valiey Councilmember Nancy McEnroe City of Piedmont Vice Mayor Janet Orchard City of Cotati Mayor Pro Tem Warin Parker Town of Windsor Mayor Barbara Pierce City of Redwood City Mayor Harry Price City of Fairfield Councilmember Jean Quan City of Oakland Council member Gwen Regalia City of Walnut Creek Councilmember Sepi Richardson City of Brisbane Council member Tony Santos City of San Leandro Councilmember John Sawyer City of Santa Rosa Vice Mayor Alan Schwartzman City of Benicla Councilmember William Shinn City of Concord Counciimember Anthony Spltaleri City of Sunnyvale Mayor Jili Techel City of Napa Councilmember Jerry Thorne City of Pleasanton Vice Mayor Gilbert Vega City of Dixon Vice Mayor Bill Walcutt City of Clayton Councllmember Mike Wasserman City of Los Gatos Mayor H. Abram Wilson City of San Ramon Councilmember Gordon Wozonlk <;::ity of Berkeley County Deleaates Absent Jurisdiction Supervisor Pete McHugh County of Santa Clara Vacant County of San Francisco Citv/Town Deleaate~:. Jurisdiction Councilmember Irene O'Connell City of San Bruno Intergovernmental Affairs Director Amiee Albertson City of San Francisco Mayor James Berg City of Belvedere Councilmember Rochelle Bird Town of Moraga Vice Mayor Larry Bra9man Town of Fairfax Mayor Mark Brodsky City of Monte Sereno Mayor Tom Byrnes Town of Ross Mayor Todd Carlson Town of Yountvilie Councilmember David Cassas City of Los Altos Councilmember Cindy Coffey City of American Canyon Councilmember Russ Cohen City of Burlingame Council member Paul Correa City of Gilroy Major Jose Esteves City of Milpitas Vice Mayor Carol Federight City of Lafayette Councilmember Manual Fernandez City of Union City Mayor Donald Freitas City of Antioch Mayor Pre Tem Steve Glazer City of Orinda Councilmember Matt Grocott City of San Carlos Councilmember Carole Groom City of San Mateo Mayor Sarah Glade Gurney City of Sebastopol 2 . , I Councilmember Barbara Heller City of San Rafael Councilmember James Janz Town of Atherton Mayor Beverly Johnson City of Alameda Mayor Marshall Kamena City of Livermore Mayor Michael Kee City of Pittsburgh Mayor Dennis Kennedy City of Morgan Hill Vice Mayor Michaei Lappert Town of Corte Madera Mayor Patricia Mahan City of Santa Clara Mayor Phillip Mathewson City of Belmont Counciimember Paul Morris City of San Pablo Councilmember Tom Means City of Mountain View Councilmember Anu Natarajan City of Fremont Vice Mayor Gary Plass City of Healdsburg Councilmember Carol Rios City of Oakley Cout:lcllmembetPaul Smith TGlwn,ofTiburon' Mayor James Spering City of Suisun City Mayor Brian Swisher City of Brentwood Counciimember David Tanner Town of Woodside Mayor Steve Toben Town of Portoia Valley Councilmember Pam Torliatt City of Petaluma Vacant City of St. Helena Vacant City of Half Moon Bay Councilmember Jim Vreeland City of Pacifica Councllmember Bill Wainwright City of Martinez Mayor Pro Tem Dean Washawsky Town of Los Aitos Hills Vice Mayor Gus Wolter City of Cloverdale Mayor Eddie Woodruff City of Rio Vista Mayor David Woods City of East Palo Alto 3. PUBLIC COMMENT There were no public comments, 4. APPROVAL OF SUMMARY MINUTES, April 28, 2005, General Assembly' President Cortese recognized a motion and a second to approve the minutes of the General Assembly of April 2B, 2005, The motion passed unanimously, 5. PRESIDENT'S REPORT President Cortese reported on two activities discussed at the recent Administrative Committee retreat for which members' input will be solicited. The first is the ABAG strategic planning process, which will be focused on ways to make ABAG more efficient and self-sufficient. This effort is being chaired by Mayor Jim Spering, City of Suisun City, Deiegates interested in submitting input on the strategic planning process are asked to contact Henry Gardner, Executive Director, or Pat Jones, Assistant Executive Director, who will connect them with those elected officials working on this effort, The second is an ABAG awards program committee that is seeking input on criteria for awards to be presented annually, The awards committee is chaired by Vice President Rose Jacobs Gibson, San Mateo County 3 Supervisor, and Councilmember Steve Rabinowitsh, City of Santa Rosa. Those members who wish to provide input are asked to contact staff. 6. PROPOSED ANNUAL BUDGEIAND WORK PLAN - Fiscal Year 2005-2006' President Cortese recognized Executive Director Henry Gardner who presented a brief summary of the Annual Budget and Work Program for fiscal year 2006-2007, He noted that for the first time in three years the budget inciudes a member dues increase of a weighted average of 6% and that member dues represent seven percent of the total budget, Most of ABAG's revenue Is derived from grants and contracts for which the association must compete. President Cortese recognized a motion and a second to approve the budget and work program. Council member Paul Albritton, City of Sa usa lito, asked whether members had received copies of the budget and work program before the business meeting. Bya show of hands members indicated that they had received the document, President Cortese called for the vote on the motion. The county vote on the motion was seven ayes, zero nays, and the motion passed unanimously. The city vote on the motion was 47 ayes, four nays, and the motion passed. 7. PROPOSED BYLAW CHANGE' President Cortese stated that the Executive Board adopted a resolution to amend the bylaws as included in the agenda packet. He called on Executive Director Gardner to provide background. Gardner commented that both the Executive Board and the Administrative Committee approved the resolution to support a change In the association bylaw that would allow a Member city or town to designate the city or town manager to represent the Member city or town at the business meeting and to vote in the event that both the General Assembiy delegate and alternate are not available, and a Member county to designate their county administrator to represent the Member county at the business meeting and to vote in the event that both the General Assembly delegate and alternate are not availabie. President Cortese recognized a motion and a second to approve the proposed bylaw change. Mayor H, Abram Wilson, City of San Ramon, stated his opposition to the proposed bylaw change in principle because to delegate the right as elected officials diminishes the position. He also stated that it would be in members' best interest to make sure elected officials attend these meetings and participate, and any deviation from this does a disservice to our residents and to ABAG. President Cortese commented that the Executive Board discussed the proposed resolution thoroughly, including the issue raised, and that staff would use the proposed bylaw change as a last resort to achieve a quorum to conduct business. Councilmember Dan Furtado, City of Campbell, asked whether the term "member" with lowercase "m" referred to an individual person who Is a member of the respective body, and the term "Member" (uppercase M) to an entity that is either a city or county. Kenneth May, ABAG Legal Counsel, repiied affirmatively, 4 _ ...-----.-- President Cortese called for the vote. The county vote on the motion was seven ayes, zero nays, and the motion passed unanimously, The city vote on the motion was 41 ayes, 10 nays, and the motion passed, 8. ANNOUNCEMENTS' President Cortese thanked the delegates for attending the business meeting, and, in particular, Immediate Past President Scott Haggerty, County of Alameda Supervisor, who was present despite having his arm in a sling as result of a painful injury. There were no other announcements. 9. ADJOURNMENT Meeting adjourned at about 12:20 PM, J~r!~reasurer . Indicates attachments, Aii ABAG Executive Board meetings ore recorded, To arrange for review of these topes, please contact Fred Castro, Clerk of the Board, at (510) 464-7973 or FredC@abao.ca.aov. 5 ASSOCIATION OF BAY AREA GOVERNMENTS ... tJ Representing City and County Governments of the San Francisco Bay Area ABAG M E M 0 Date: February 27, 2007 To: General Assembly From: Henry L G",",e' n ifl.--- Executive Director ' Subject: Per Diem The current per diem of $100 per meeting was approved by the General Assembly on December 9, 1994. After careful review and discussion, the Finance and Personnel Committee recommended to the Executive Board that an adjustment to the agency's per diem policy be made. The Executive Board at its January 18th meeting voted to recommend increasing the per diem to $150 for each qualified meeting attended. This change represents an annual increase of about 3.7% over the past 12 years. This increase is justified due to the increase in gasoline and auto maintenance costs over the past decade. Total impact on the agency's budget will be minor. If approved, this recommendation would cause the FY 07-08 budget line item to increase by about $30,000 from $60,000 for a total of $90,000. Recommendation The Executive Board and Finance and Personnel Committee recommend and staff supports increasing the per diem as stated in Article VII, Section A(7) of the ABAG Bylaws from $100 to $150. Attachments: Resolution No. 03-07 Resolution No. 04-07 Item 7 I I Mailing Address' PO Box 2050 Oakland, California 946042050 (510)464-7900 Fax: (510) 464-7985 info@abag.ca.gov @ Location' Joseph p, Bart Merro(enter 101 Eighth Street Oakland, California 94607-4756 , I ASSOCIATION OF BAY AREA GOVERNMENTS EXECUTIVE BOARD RESOLUTION NO. 03-07 RESOLUTION RECOMMENDING THE GENERAL ASSEMBLY ADOPT AN AMENDMENT TO ABAG'S BYLAWS WHEREAS, the Association of Bay Area Governments (ABAG) is a ]omt powers agency formed pursuant to the Joint Powers Act, California Government Code !l!l 6500, et seq.; and WHEREAS, the duly adopted Bylaws of ABAG sets the per diem for each qualified meeting at One Hundred Dollars ($100); and WHEREAS, the amount of the per diem was set in 1994 and the costs of attending meetings, including fuel and other automotive costs and expenses have risen significantly in the intervening period; AND, WHEREAS, the Finance and Personnel Committee and staff recommend the per diem be increased to One Hundred Fifty Dollars ($150) for each qualified meeting to cover increased costs. -1- ASSOCIATION OF BAY AREA GOVERNMENTS RESOLUTION NO. 03-07 NOW, THEREFORE, BE IT RESOLVED: that the Executive Board of the Association of Bay Area Governments hereby recommends to the General Assembly that the attached Bylaw amendment increasing the per diem to One hundred and Fifty Dollars ($150) for each qualified meeting be adopted and made effective immediately upon its adoption. The foregoing adopted by the Executive Board t Certification of Executive Board Approval I, the undersigned, the appointed and qualified Secretary"Treasurer of the Association of Bay Area Governments (Association), do hereby certify that the foregoing resolution was adopted by the Executive Board of the Association at a duly called meeting held on the 18th day of January, 2007. ~J;~ \ H ryL. ardner Secretary'Treasurer Approved as To Legal Form .7 A' -2- " 'i ATTACHMENT Article VII A. (7) Per Diem. Each voting member of the Executive Board, or of a standing and/or joint committee, and where expressly designated by the Executive Board, individuals participating in special committees, task forces or other meetings, shall receive a per diem of UOO $150 for each meeting attended. The per diem shall be paid for a maximum of forty-eight (48) meetings per year. Per diem may also be received by a Board or committee member representing the Association before an agency or body of the State or Federal government. ASSOCIATION OF BAY AREA GOVERNMENTS GENERAL ASSEMBLY RESOLUTION 04-07 RESOLUTION RECOMMENDING THE GENERAL ASSEMBLY ADOPT AN AMENDMENT TO ABAG'S BYLAWS WHEREAS, the Association of Bay Area Governments (ABA G) is a joint powers agency formed pursuant to the Joint Powers Act, California Government Code SS 6500, et seg.; and WHEREAS, the duly adopted Bylaws of ABAG sets the per diem for each qualified meeting at One Hundred Dollars ($100); and WHEREAS, the amount of the per diem was set in 1994 and the costs of attending meetings, including fuel and other automotive costs and expenses have risen significantly in the intervening period; AND, WHEREAS, the Finance and Personnel Committee and ABAG Executive Board recommend the per diem be increased to One Hundred Fifty Dollars ($150) for each qualified meeting to cover increased costs. NOW, THEREFORE, BE IT RESOLVED: that the General Assembly of the Association of Bay Area Governments hereby adopts the attached Bylaw amendment increasing the per diem to One hundred and Fifty Dollars ASSOCIATION OF BAY AREA GOVERNMENTS GENERAL ASSEMBLY RESOLUTION 04-07 ($150) for each qualified meeting and is made effective immediately upon its adoption. The foregoing adopted by the General Assembly this 19th day of April, 2007. David Cortese President Certification of Executive Board Approval I, the undersigned, the appointed and qualified Secretary. Treasurer of the Association of Bay Area Governments (Association), do hereby certify that the foregoing resolution was adopted by the General Assembly of the Association at a duly called meeting held on the 19th day of April, 2007. Henry L. Gardner Secretary-Treasurer Approved as To Legal Form Kenneth K. Moy Legal Counsel 'j ATTACHMENT ARTICLE VII A. (7) Per Diem. Each voting member of the Executive Board, or of a standing and/or joint committee, and where expressly designated by the Executive Board, individuals participating in special committees, task forces or other meetings, shall receive a per diem of $100 $150 for each meeting attended. The per diem shall be paid for a maximum of forty-eight (48) meetings per year. Per diem may also be received by a Board or committee member representing the Association before an agency or body of the State or Federal Government.