The URL can be used to link to this page

Home My WebLink AboutTC Digest 2007-02-16 ." ~ TOWN COUNCIL WEEKLY DIGEST Week of February 12 -16r 2007 Tiburon 1. Correspondence from Henry Herold - re: Breach of Duty - BMR Issue 2. Correspond. from Jason Andrews - re: Teenage View of Tib's Infrastructure 3. Newsletter, Membersltip, Minutes - LCOTHA - 1/29/07 * Agendas & Minutes 4. Minutes - Design Review Board - February 1, 2007 5. Action Minutes - Design Review Board - February 15, 2007 6. Meeting Cancellation - Planning Commission - February 28, 2007 Regional a) Correspondence from Marin Civil Grand Jury - re: Hogtieing b) Correspondence from RBRA - re: Contacts for Wind-driven Vessels & Debris c) Conference Announce. - Clean Money/Clean Cities - March 15 & 23, 2007 * d) Breakfast Invitation - First 5 - May 9, 2007 * e) Estuary Newsletter - February 2007 * f) Western Cities - February 2007 * Agendas & Minutes g) Agenda - RBRA - January 15, 2007 h) Agenda - Marin Board of Supervisors - February 20, 2007 i) Agenda - Marin Healthcare District - February 20, 2007 * Council Only (. HENRY HEROLD ARCHITECT ARCHITECTURE - PLANNING INTERIOR DESIGN 2 DAVIS DRIVE * TIBURON, CALIFORNIA 94920 * TEL: (415)435-0326 February 14, 2007 Board of supervisors Marin Housing Authority 3501 Civic Center Drive, suite 329 San Rafael, California Re: Demand Letter to Correct the Authority's Breach of Duty' to the BMR Homeownership Program Administration and Supervision. Dear Board and Authority: This is a demand letter to the Board of Supervisors as the Author- ity to reinstate and preserve the covenant and intention of the Pt. Tiburon Marsh BMR Homeownership Program. This program specifies for continuing homeownership 'purchasers' by the Repurchase Option 1987, the 1987 Program Monitoring Memorandum and the 1991'Original Document Request~reaffirming the Authority's Program administration, overseeing and supervison. (enclosed) The Authority's promised covenant and duty is clearly specified in the three above stated documents; to the BMR ~omeowners. Therefore, supervisory duty requires the Authority to issue an ad- ministrative directive to the Town of Tiburon in or~er to correct and prevent the To.u~s continuing 16 years of program violation. The Town has abused the homeownership promised covenant and intention by using the Homeownership Program as a device to obtain discriminatory Town staff rental units. All the rented units should be resold to qualified purchasers/either by the Town or Authority,as specified. Further, this letter requires the Authority to direct the Town of Tiburon to abandon its Resale Option wit, the County Recorder of Her~ old's BMR unit at 6 Marsh Road, Tiburon. This is because the Town has breached the Resale Option contract by failing to obtain new purchasers; and the unfair 'conflict of interest' created by the Town's ownership for Staff rentals. This resulted in a clear Town 'conflict of interest' in participating as 'owners' in harrassment, entrapment; add demonizing smear tatics previously put for~ward. The Town asked for proscecution and unfair harsh sentanence. This caused unnecessary unfair prosecu- tion-Court determination causing life threatening conditions and health damage. For my own peace of mind and health I am forced to relocate. My retirement home must be fairly replaced elsewhere. Please effect this directive to the Town of Tiburon as a fair cor- rection consistant with your administative, monitoring and supervisory duty as soon a possible. Yours truly, ~~ cc: Town 'Henry erold encls. (4) '\ .. . ' MEMORANDUM OF UNDERSTANDING N~\... ~ BETWEEN THE TOWN OF TIBURON AND THE HOU SING AUTHORITY OF THE COUNTY OF MARIN O~\G' ADMINISTRATIVE PROCEDURES FOR RE-SALE OF UNITS UNDER THE BELOII MARKET RATE PROGRAM INTRODUCTION Units sold to eligible families under the Below-Market Rate ("BftRn) Program are subJect to deed restrictions which establish certain conditions for occupancy and for re-sale. The following is intended to define the procedures which shall be implemented to meet the monitoring and re-sale requirements of the program. GENERAL It is understood that the BMR units are to be made available for purchase by moderate-income households by action of the Town of Tiburon (lithe Town") in accordance with the inclusionar.y housing policies of the Housing Element of the Town's General Plan, and that this represents an affordable housing program in which the Housing Authority of the County of Marin (lithe Authority") is acting as impl ementi ng agent of the Town. The following shall serve as the cOlltact persons for all written notices and correspondence between the Town and the Authority: Town: Town of Tiburon 1155 Ti buron Bl vd. Tiburon, CA 94920 Attention: Robert Kleinert, Town Manager Authority: Housing Authority of the County of Marin P. O. Box 4282 San Rafael, CA 94913 Attention: Janet Miller Schoder, Executive Director MONITORING OF OCCUPANCY The Authority will monitor the occupancy of each unit in a discreet fashion to guard against potential program abuses and violations of the deed restrictions. Any irregularities or suspected abuses will be reported to the Town in writing for any action it deems appropriate. 0228E/870723 Page 1 of 3 5. If Authority and Town determine that the option to purchase should be exercised, the Authority will designate either the prospective eligible buyer from the lottery and/or the Town as assignee and proceed according to the provisions of the deed restrictions to exercise this option and open escrow. 6. After the first thirty (30) days of the option period, the Authority will submit a status report to the Town and assist in exploring alternatives to purchase if appropriate. At sixty (60) days into the option period, or upon sale to an eligible buyer, whichever is earlier, the Authority shall again notify the Town of the status of the re-sale. 7. If it becomes necessary, for whatever reason, for the Authority and Town to purchase a unit, then the Authority and Town shall immediately meet to determine the most expeditious course of. action to take, so that the unit can be re-sold. At such time, the parties shall consider how closing costs, loss of interest, and other unrecoverable expenditures, shall be handled. SUBSTITUTION OF CURRENT DEED RESTRICTION The Authority m~, during the re-sale process, make recommendations to the Town that a more current .form of the deed restrictions be substituted at the time of re-sale. This might, for example, adjust the time frames or the re-sale formula. ELIGIBILITY CRITERIA The policies governing the selection of homebuyers for certification by the Housing Authority under the Below Market Rate Program shall be those as established by the Town. These shall include, but not be limited to maximum income and asset limits and policy on first-time home-buyers. The most recently established criteria shall be used by the Authority in structuring the lottery. The Town shall notify the Housing Authority in writing of any additions or modifications to its selection policies. ADMINISTRATIVE FEE The Authority shall be paid an administrative fee for services in processing the BMR re-sale in the amount of one thousand dollars ($1,000.00) p~able as follows: five hundred dollars ($500.00) payable by the Town and five hundred dollars ($500.00) payable by the new purchaser of the BMR unit, both upon close of escrow. READ AND AGREED this .;?31!-D day of ~ ' 198-1. B v~ 0228E/870723 Page 3 of 3 ADDENDUM A TO CONDOMINIUM GRANT DEED GRANT OF PREEMPTIVE RIGHT,TO PURCHASE TO THE rOWN OF,.TIB,pRON I , 'I ,~ ). , '''''~:',''>r.X''~' THE REAL PROPERTY (THE "PROPERTY") Jiff..ICHIS TIlE SUBJEC.T OF THE CONDOMINIUM GRANT PEED TOWHICHTH'IS.ADDENDUMIS.. ,-.:, ',: -,." .'_ _" " ',- , .:'","', ': ,"""'" .,:. ",-'" ',', "", , ,_" "'",," ',_ _,," ';':, ~ -'~"'_::_:"':",""'~"""';ij":,;,, ,"': _'_"",r AP;::r~9M~D"JTHE".~:G~I~,a;, D~x;R" ) "I sS,9l;1vx;),'FdD 9 u!jJ,!?C,t';Q'g'I,~;~,lk,~]';~~,?,'i~~~ R~,<fB,~~,I9;fuRClfAP.Ft;;"JI1~~"1,7oP;:rJ ON" )'/; UNI?~ RTHE,,1EW1S,~~.l?,~,;Cg~.!?,~,~,t8~,pL HfJ.,;!J.. ".fi~f.,;;.;.[~.",R.,.., j': p J::'J:'; ".F.i9~t:!:lci;;;,I.Jt.,!>gA.., n::rI.N. G '#!!~ . O?n (?N.;;,., '" ,.R., g~.~..P.ij};3!f!.,.t;.!ij,g;.'...9..... ....;;.;...If.;~~B..; ADDEI<DUM"" ',THE';:"UNDERSIGNED' GRA:NTEE' UNDER THE\t;~RA:NT;;,,::,J)l!IED' d~GRrNTE];; " rjl"uNd~RST,*N'DS",,' 'iREPRESENTSAND';' ,. KCK~~i~E~'GE"s,lilj",I"Atsi~ Af::~i~~~ifE'~~~J~~~f~;~~I~~!'.' 'f ,. ;", ".~~:~ilf~j~~J!~~f~~~~l;:~~';~;~!:::;:! ;:;';;~~ ! The;Pi-6pe;-t.y .is being llladE! available ;9F;';Eurchi!~:~!?y' et&~~l?~e;;moder<j.te-;income purchasers .'at a beT6",,:"~:~rYi,,,f. ~g;~;~,ra~e pr~ce; . "'..", ,- ,- ,,- , '.1,;;"-'''',:1,' , Ij B. Grantee is an eligible moderate-income purchaser under the q.ualifications of the Moderate-Income Purchase Program (the "Program") of the Town of Tiburon (the "Town"); .,,, . C. 11) order,tc;> .maintain ang prese1:'ye .t~~f;,p~;~~~~ty' alj h9us~ng aY'prdap1-e, te> ,e}.igibTemodera~~7iricomet p##c:f\.a,~~~~,,!t.if. i:S,~ nf~!F~~s~A;Y ," !~e>,,, r,!!:!s,t.tict;~heresale,'B'r:ic,~Of; thE{!I'~f'9E~ttX!:;l:1~;" r ~s .ire' ,con tr oT:~,'. sti<5li:ciont.i:Cll s, are'.. in (en qed'1Cl' .# ...! eve'n#',;;atn3itiClt~ a~a~~u~~egi'1e.l}t:' ~iil;,~h~ l?i?fs -~fh)m "re,aiiz~'pg' t~warAp~e4 ,g',lf~~$'?~~91llt; ~', '1: ,,' .,.t.. .. ,i;; '-"f" .,....... -, h",ol"_ ..-, P .. ':' v" --.:- '!'i.\ 'r)!'- '_1.. .. ';" .'-, .. -.... .;'~ " ;-~- ,-,.. - t ". ."..,,~. ",' '''d'' \--R-"'- ..;;" ,.... - ;~.. ~'_"C-,-,""~,,,~,,'J'~-::'"':',},';':-'~'~-""J<.oi'4!~,1"''(<OAO.j, sa es 0 ..t e. ropertu at unres rJ.cte .rr~ces; "'1.... 'i.. ...';;',"'''''''".,,, .; >" .- 1;' ,""i '-.'.. ."~.;,..,.-.-.,, "k ;",.,;-\. . ':-f~i'- tJ." ,',,,' . ". . 1 ,<<;-,' ',,-,~., '.' ,",j,," ''-'.-. "j-. l ",J, ,"_.'..,' n- -',,, ; '.(.1" 'f. n':""",~"" 'il"~~~;14l' A-;i oJ...."" ,: \"':l/inl i ci~'.' i",k~~>~fi .. :ij', ., .,;,; f", ... .~i(' );'7;!' 'n ~'cl(J)~g~\ii1~f~,S :,'1i~"",t~_l?"~;-i,,~' ",' !ti~:~~ ~.f;p,J~e,.1; t; y" ;" _~, ~l? J ~ ,7; t ,,:t,ea ,;:~~," 9-,a,.~~le'IC; ~n,t,f:r9 ~,,,~~,,!,s. Q,n,~ ,;"~t;B;~._~~i~*!:fl~1 v a;rU~lJ;r~'...'c:S):mmU,'n;i #&'i" r:es:6urci~ bY,Pr;oy.fd ingi=l.~cient'i;;T's~fi~T.i'~i?f~P.~' s~i1i t~!y' hotisi'n'gi;'tD"modera t'e~income' c. purchaseH1w~cl'6th~rw.{~~' woiild-' be unable t.o afford such hous'ing in the same or similar loca tion as the Property. In. order to protect and pre.~erve thi~resource it is necessary, proper, arid in the ,'public interest. for the Authority to administer the resale controls by rne~ns of this Option. NOW THEREFORE, IN. CONSIDERATION OF THE SUBSTANTIAL .,...... ''-''','- . ,,".. ,,".',- '.', '",,""'- . :"".' ,"':. "''''. '-<-.:.,....~.-:,Y~"i',~.;.",.-;..,...,'"..,... .,-,..\,.-:.., ECONOMIC BENEFITS INURING .TOGRANTEE AND TO THE PUBL.IC, PURPOSES -.;'. -:.'.., "', ,;", ", " '"".:,;~'. --';, ",',- '.' .- . ," '., """., "',' ....- ' '. -:'-';' ,.' ',,'." " . -'':.':'' , ' >:,.-.r.. :' .~:. r.~''-.'.:' . ,,;,.;. _w,: '~'.:::Y:' '., ,,"': .,.:\. ('." TO. B]';ACHIEV]';D UlWER THE PROG~, GRA.NTEEFOR, HIMSELE", ,.l\'ND..,iF()R. ALL 9T'HER'S' PE.Fr'NEb.l<s. AN "Ooii@R" IN. PlIRAGRAPH'1'BEf,()~'iIiER]';~Y GRJ\.N,!,S" T.e)' T~E;!T()W. OF .' TIBURO~.' OR ITS 'ASSIGNS~<THE '.~.TbWN'~>:";THE:' OPTrCiN UNDER 'THE' FOLLOWING TE'RMS AND' CONDITIo'NS: . i'" r- "'~: :" _, 1. Exercise and Administration of the Optio~. The Option and the right to exercise the same is vested in the Town. EXHIBIT "A" - Page 1 of 11 MARt" HOUSINC Making HOUJlng More Affordab 30 N, San Pedro Road June 26, 1991 Post Omee Box 42&2 San Rarael California 9491 415/472-4030 (FAX) 415/472-21&6 Henry Hero 1 d Executive Director 6 Marsh Road Janet Miller Schader Tiburon, CA 94920 . Deputy Director Michael D. Kelleher re: Return of Original Document Dear HOMEOWNER: As you know, your home was purchased through the Below Market Rate Homeownership Program. The Marin Housing Authority is responsible for overseeing that program, and ,has an option to re-purchase your home through the program. In reviewing our files, we have discovered that an original document relating to that program was inadvertently sent to you. The document is entitled "Attachment to Grant Deed: Grant of Pre-emptive Right ("Option") to Purchase to the Housing Authority of the County of Marin." We have provided a copy of this Attachment so that you can identify it. Please return the original executed Attachment to us in the envelope that has been provided for your convemence. Youwlll find the Attachment stapled to the Grant Deed that you received at the time that you purchased your home. (Do not return your Grant Deed to us.) You may replace the original, Attachment that you return to us with the copy that we have provided for your records. You should return the original executed Attachment to us no later than July 15th, 1991. If you have problems locating the Attachment, or if you have any questions about the Below Market Rate Program, please contact me at (415) 472-4030 extension 319. Thank you in advance for your cooperation and assistance. Sincerely, M~ Mt.\J~ MAURICE M. WOLOHAN Manager, Rehabilitation and New Development MW:jc Enclosures: Copy of Attachment to Grant Deed Return Envelope Housing Authority of the County of Marin ~. Dear Mayor Tom Gram, DIGEST As part of a requirement for a merit badge with the boy scouts of America I had to find a problem or issue with the town and tell you how I feel about it What I found was a problem concerning the social infrastructure of the town, making it largely unfit for a productive and progressive life as a teenager and instead a mediocre tourist attraction. I feel as though I have slated this with an uncomfortable bluntness, and although I understand how nice it is for you and the rest of the town to remain behind your screen of pleasant illusion, I am being honest as to the feelings I have about this town. The underlying causes come from an imbalance in the social structure a desirable community might have. I have found such to be; a complete lack of affordable and non-tourist oriented retail centers, a supreme lacking of any culture, social scene or sense of town, (instead of individual houses) and a complete disregard for the nature which once occupied the area, as large homes are constructed everywhere. The previous issues are what the town lacks; here is a short list of what I feel we have in deconstructive excess; yuppies, rules, senior citizens. Each is with nothing but the best intention, but in the same thought each is from a removed perspective. Indeed Tiburon is a beautiful place, and I am thankful to not have been brought up in Modesto, but Tiburon is really no more than a place to ride a bike through not a town in which I can live in and enjoy for its community. Tiburon is a town based mostly on tourism, real estate is the primary industry and the cheapest restaurant doesn't sell a burger meal for less than eight dollars, but what are you to do? I know that the overall social structure we have here is the way it is. However knowing that there are roughly one thousand kids around their teen years living here, it . seems it should mean something to you. We are still "the future" after we graduate from middle schoo\. Luckily I don't expect any change, or else I would be disappointed, thank you nonetheless and I hope you found this funnier than offensive Jason Andrews Troop 48- prospective Eagle Scout February 8, 2007 ~ ctJ~. ,.. .~ ~~ IIJ' I tt III1 I mil .... I 1[1 III I I I [I I II I & ~ l ~ --J-f-----. - -~~-I-I~-- -:.>r---... ..+1 TI1'-lj*-----L-'-j---~~-+- __i_LLh 3 Q) + ~ ~I . W I I I~I I J . (l) - _1- . r- ~""__I- _ _ ~ '_-+"_ o I '-I. I I "I I'" (l) -",-~b.'::. .c;~=!~=~..."'IN~..J '. "'....,1-0 ~=w..,"'...,'=Li ~1..8, . -<=~",. ~ gl\\j"~~J-~~ll:?;I6'i:'C1...,l1i'~~~~f-: ~Ig>g 6'i:'g>ll'::,l1i'!fI~1 ~~~ ~'-- 'i€~~~~+j; ..' ~1"'!1!i" ~1C1~g.21I~~ If.~~~ ~ 'll~".. 3 ii." g ~~".g" ~-~;; ~":II;"t;," n! IS! m ea. ~ S Cl2 ~ i: (;> ii ,... E ~ S::. ':I: ~ Q Cil~. IE (;> Ci ~ '11"<" SJ ala)( _ )> >- ';..1_ (; a:rn 3,i5.....g~~C1lg g a ~g(;g' ~fl(;"3g:lEg; cq 5'1J)~lgl-:',:- ,,~ *l!~~I;;r~I~ ::: "'I~I" ~ ~ ~ ~~! *::: 5'''' I gfli ~~t~~ . ~ r!I~~~<D a gj f~ a ~ al ~p I ~ I [~;I~""""" c. ~~o.m m ~l!l. !! "'m" ~ 0.-3rg ~[ ~~~O'~ I If'~ ,~ r:II~' II i ~ ;~I" E -~I~ ~ tr EL!~ I ~'I g.- "- 9:1~ . I ~ " II~II ~'~~ > I ~ I I"." 1 ,,,- I [, ~ .., I c- I 'I 0. I ! i ~ 1",'-.:__: I ' I II I . . II ' ['. I.... I :'" 1 I I UI ' . . 'c. . I ~ .~ ~ I . I I I I .'~ I I I ~. I ......... , I I I ., ' I I " "" '0. t:::3 N 1'<'::-1::",,,,__~ ~ . '~ ~QO""" :"w~ CDW~->.....r-,) eo ; a: p ~ ~ ;--t ~.co ~ ~ :--l ~ ~!=>> pc ~ ;t?J. ~ ;-..! pl'-'/""""'!J1 '!'l:-" 1'>"!'> ''-<::.: ~w~ .... wW~-.t.....~ ~o...", W-.lNW-.t.-.t.W.... 0000 .....dC1l <0 U'l l'\,) N 00 C') W co "'" .....Jr-.>l ',W U'I ~ 0:) 0;) -'- CD -41-.1 en CD <:) 0. oje. _,; lJ X C) In ~ ~ ~ (J) a; () olC)lC')i.(.,~ b:i" (JJ b:i " "C1" C1 (JJ ---,-~ ~ ~II~ g:'-' Dl QIQ-< -<l<.fH~~"T1lZl-<-<-<-< I ;u,:~lcn-< "T1cn-<-<-<-<-< -< ~()S'.f~;:=.: co - I.I . .,'. , - ::ttI- - (l) - , - '.'" __ -I--r- ;;' -'. ~ I ' - CD CON <0 <0 N N ~~~~C1 N ?> I ~ P !=1l' ~ , '" p j:n r"=i' eo O)!=O P P = 01= 0 o ~ I. , +.. -'--!~"'" 'I ~~~. , I~ I "81.1,,8:; I-II '" r I 0 '" ~ I~ nJ....l>> I 3 _bc:o~ ~'->ow ~~~ ~ ~ ,_~~=~ <1l c.n W .... W.... <0 -'- 0 00 0 C') 0 00 .<<1: coo e. ~:, ~pp '!='~PP!=JOI~:-->"~PIP '.'::O..._:-"";A.;A.~I'- c.n(C?>[I;-""PPj ="'. ..."'......ppp~=.~.../. -.loe OOOOAmc-.lC!O :~<1l-W ~C:O-O<1l00 elm '~o=oo NOlO OOOOJ<D-,"NO'O r -,U'J,CDON rJ>COC>>O,OlQO CO ,;N..SJOOO I - - - . '-I- c-- - ~ '.., I! !! I':" I~.' I ,N~NN- N N N N I ..... 'U'l01 cnIUl,(1. cnl~C') - ~OU'l~~cn NO~ NO~N1C')C')cnl ~ 00000 01'(;. '=' 0 U'l A 01010 ~l I........'" "" 0 ~ "" O'I~!O 00. C. ~o .010 ~ === 1= "':"'00=.51".=1==' "''''00'000 -'" O(''-rrp~ I I iLlb ~ I III 1 E 1_ I ! I.~~{; ~L,~-t Il~ I ~ ~~J~ ~ ~ ...... ->. Ul...... N .$:>0 co' ,CI (t:)1-" -.J 0- ...,. CD 0 -.I c;Q 0 o:;.n 0 0 ~I'" '" ~ '" '" '" "';,)< ~ '" '" '" ..-'........~ ~ ",I 'jllli.~' I"" I~.= ~ "'~i:[:-' P' = Oll"'t'" :i. ~........w ~OOO.~~A=~ .~.~_~ ~~~_=~........ 0_ ~oooo (flQ.p. /oOQOOlcoo.",..O)N' _I~_coo,," ~COU'l"'l'.)"'~ 00 U1~'=.r:c;?~~ I , I I 'I !' ___~_ ......->....... p ......--- " ...... ........ -................ <.h<.h"'<.tln o ",-m r-l I I II' ,-~!, ,. I-~ -~ -- _-L-I_~I , :-" -"" I' a ! ...... ..~ ......WW__N 0 ~w_wlw . ~ . ",_...~..' - w __=o~~ ~ -"'~_o .... ~ww ~OOOO~A__N :~.o__ O_N~__W 0_ ~ooool:':: ~. "'rtl;" ~i", '" 0 Q,,,,,I!i;.:...,, ............. ",I"" '--< I 01",:...:... '--< '--< "'I 0,'" I ..... 00 ,gii" .. =-"'=.. g!==IOO!i"'~il~OOlor=i"IOI! 0"10/0=000 ==! :-00.5::",,-'" I 2.-< ..... - -..... cocococo~9.. w_l.... w -- w w......->. A O=Oonm :"""".e:n.~ !Xl~~1~~~:-;t~P'> ?'P~I "'1,J~",;l:P'P' "'''' "'1""I"'lo@:.r:- 8'8 g :5 g g g g ~,g gIg g ..:5 ~ g is ~ g g g g is g g :-_': g:5 g g-:-.. .' rLih i"r-+ r -fr-J-i-.................-~,i--r,hj-,.=c--I..-[-,--O= T-r+ -Tr-~. . '" 'I 1 I I I - I ' I I I .,- 'I 3-< - I'.J.WW ...... W ...... ,...0 o~ M_: -_...........A__...... ,~..... __g_ )>0 I I~II"'I:...:..."'~~I <.._I~.o. 1'-<0,,,,0,1,,,,-,.;,, '-<!! ",,,,1_1"''''.0", S ~ ~'fJ'lI~ I ~ P 0, ot~l~ ~1~ ~1~ '~'~'I'~ ~11 1 1::;! ~Ii~ ~1~I:Poj~ lp ~ I :'~.~ ~_;Sl~r:-' O>CDN NOOO co 00 01 <.n-.lr"" ""-l......a.oN COWc.nCOCOWI-.l 10........ :.Q'I.==loo ",101", I oJo~l.iiii,,"'!"'''',~, I ,..~,~IL, ! io,:;:i-_i",I""J ,010, I i -01",,010 .... ---- DIGEST ,. MINUTES #2 TIBURON DESIGN REVIEW BOARD MEETING OF FEBRUARY 1,2007 The meeting was opened at 7:00 P.M. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Boardmembers Beales, Frymier and Teiser Absent: None Ex-.Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Hennessy B. PUBLIC COMMENTS There were none. C. STAFF BRIEFING There was none. D. OLD BUSINESS 1. 1896 MOUNTAIN VIEW DRIVE BEAUDANIKA W A W A, NEW DWELLINGN ARlANCE 1896 MOUNTAIN VIEW PATRICKBEAUDANIMARIKAWAWA EXISTING PROPOSED REQUIRED LOT SIZE 20,546 S.F. NA NA FLOOR AREA 1,497 4,050 4,055 MAX LOT COVERAGE 13.0% 19.2% 15.0% MAX BUILDING HEIGHT 21 23'6" 30' MAX SIDE YARDS 30' & 27' 15' & 22'6" 15' FRONT YARD 64' 64' 30' REAR YARD 67' 25' 25' V ARIANCESIEXCEPTION EXCESS LOT COVERAGE On December 7, 2006 the Design Review Board reviewed a proposal and took public testimony for construction of a new single-family dwelling with variances for reduced rear yard setback and excess lot coverage, and a floor area exception for the property located at 1896 Mountain View Drive. The Board determined that the proposed home should be redesigned so that it would not result in any privacy impacts for the downhill neighbors, and not be located within any of the setbacks. The Board could not make the [mdings for a hardship for the requested setback variance, and felt that not every room in TIBURON D.R.B. 1 2/1107 \1 ., the home was entitled to a "view". In addition, it was determined that the proposed rooftop deck would cause potential view obstructions and noise impacts for the uphill neighbors, and should be eliminated from the proposal. The application was continued to allow the applicant time to address these concerns. Revised plans have now been submitted which still require a variance for excess lot coverage. Mohamad Sadrieh, architect, stated after the last Board meeting and meetings with the neighbors, his clients agreed to reduce square footage, relocate the house, remove the large deck, reduce the second story and redesign the interior layout of the house. The Chair opened the public hearing. John Posin, downhill neighbor, stated the applicant and architect did a phenomenal job of addressing their concerns, and asked staff to address a few of his questions in a previously submitted letter. He said that he is now a strong supporter of the current proposal. Arnold Pierce stated that he and his neighbors had reviewed the revised plans and all believe it is a very attractive house and had no objections. They felt it would be an asset to their community. Emmett O'Donnell stated that he is also very supportive of the proposal, adding that the applicant has been very solicitous and helpful. RolfEiselin echoed his neighbors' opinions, stating that he is also very supportive of the proposal. The Chair closed the public hearing. Boardmember Beales commended the architect and applicant for coming up with a satisfactory solution. He stated that the downhill neighbor misunderstood the railing and wanted to make sure that the roof will not be converted to a deck. He noted that any landscaping damaged during construction would be replaced. Boardmember Teiser noted that he was not at the previous meeting, but it looks like all the issues have been resolved and the neighbors support the project as redesigned. Boardmember Frymier stated she thought the applicant and architect went overboard on doing what was asked and she complimented them for listening to and addressing the . neighbors' concerns. Chairman Doyle noted that he did not have that many objections to the last design and the changes have only made the project better. MIS, BealeslFrymier (passed 4-0) to determine that the project is categorically exempt from the provisions of CEQA and approve the application subject to the TIBURON D.R.B. 2 2/1107 -- - -- - - conditions of approval as set forth in the Staff report and amendments reflected on the plans presented February 1, 2007 E. NEW BUSINESS BEFORE THE BOARD 2. 14 SUTTER COURT SINGHlDAB, ADDITIONS/APPEAL An application for Staff-level Site Plan and Architectural Review has been approved to construct additions to an existing single-family dwelling on property located at 14 Sutter Court. The application included a new master bedroom deck with sliding glass doors above the lower floor addition and the reconstruction of an existing rear deck. The neighboring property owners at 20 Sutter Court have appealed the approval of the deck and sliding glass doors for this project. Susan Dab, appellant, stated that the proposed new deck would bring the neighbors' outdoor living space close to theirs. She said that all other decks in the neighborhood are screened from the neighbors. She asked that the new deck be denied. Daniel Del Rio, representing Satpal Singh, applicant, stated that he did not think the deck protruded into the neighbors privacy. He said that the applicant wanted to create a modern deck with railings and that there was never an intention of invading anyone's privacy. He stated that they may wish to request an extension ofthe other deck at some point. Mr. Singh suggested the neighbors install trees to preserve privacy. In response to Boardmember Beales, Mr. Singh stated that the new deck would be outside the master bedroom, and there is currently no access from the master bedroom to the existing deck. Boardmember Teiser stated the staff report states the new deck would not be used very much. Plarming Manager Watrous noted that decks off bedrooms are generally not used as often as decks off living rooms or other primary living areas. The Chair opened the public hearing. David Joyner stated that although the new deck would not impact him directly, having lived in the area 5-6 years, he knew that the slope of the property would allow the Sings to look down onto the Dabs' property from the new deck. Mr. Joyner also expressed frustration with the Town's process because he got a notice for this application just before Christmas and then Town offices were closed for a period oftime. He asked the Town to look at its timeline for applications during the holidays. The Chair closed the public hearing. Boardmember Teiser stated that he was unsure why the extension ofthe existing deck was denied by the Planning Division. Planning Manager Watrous responded that the extension of the deck was not part of the original plans or described in the application, but the applicant can request that at another time. Boardmember Teiser stated that he did not think that the new deck was necessary, as it would impinge on the neighbors' privacy and would not enhance the applicant's TmURON D.R.B. 3 2/1107 property. He said that he would rather see them revise the application to enlarge the existing deck, and suggested changing the existing bedroom window facing the deck to a sliding glass door to create access from the master bedroom. He stated that he supported the appeal. Boardmember Beales agreed with Boardmember Teiser's comments, adding that he did not see any purpose for the deck over the extension, as it would look right down on the neighbors. He noted that the applicants have a large deck already, and the extension of the deck is not up for consideration at this time. He said that he could fmd no basis for the new deck. Boardmember Prymier stated that she supported the appeal and did not see why the applicant did not work with their neighbors. Chair Doyle stated that the new deck did not make sense from an architectural point of view. He agreed that it would be easier to install a sliding glass door from the master bedroom onto the existing deck. MIS, BealesIFrymier (passed 4-0) to direct staff to prepare a resolution partially granting the appeal to deny the new rooftop deck and sliding glass door from the master bedroom. 3. 4639 PARADISE DRIVE RHODES, ADDITIONS 4639 PARADISE DRIVE JESSE RHODES EXISTING PROPOSED REQUIRED LOT SIZE 51,792 S.F. NA NA FLOOR AREA 3,549 5,484 7,179 MAX LOT COVERAGE 4.2% 6.9% 15.0% MAX BUILDING HEIGHT 24' 28' 30'MAX SIDE YARDS 43' & 37' 56' & 47' 15' FRONT YARD 86' 86' 30' REAR YARD 186' 131' 25' V ARIANCESIEXCEPfION NONE An application has been submitted to request construction of additions to an existing single-family dwelling, located at 4639 Paradise Drive. The project as proposed would convert the existing garage into a game room and construct a new three car garage at the lower level. The major addition would be located above the new garage, in which a new master bedroom and bathroom would be constructed, as well as an extra bedroom and additional decking. Jeff Pedersen, architect, described the proposed project. The Chair opened the public hearing. There being no comments, the Chair closed the public hearing. TIBURON D.R.B. 4 2/1/07 Boardmember Frymier stated she visited the property and the neighbors had no objections to the project. She noted that one of the neighbors wanted to save a tree and the applicant had agreed to do so, and another neighbor had asked that the fence not be located along the road. Boardmember Teiser stated he thought it was a great design on a secluded property that would not impact the neighbors. Boardmember Beales stated that he visited the uphill neighbor who had no problem with the project. MIS, FrymierlTeiser (passed 4-0) 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. 4. 116 HACIENDA DRIVE MAIER, ADDITIONSN ARIANCEIFLOOR AREA EXCEPTION 116 HACIENDA DRIVE KURT AND JAINA MAIER EXISTING PROPOSED REQUIRED LOT SIZE 11,200 S.F. NA NA FLOOR AREA 2,687 3,524 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' VARIANCESffiXCEPTION EXCESS LOT COVERAGE AND FLOOR AREA EXCEPTION An application has been submitted to request construction of additions to an existing single-family dwelling located at 116 Hacienda Drive. The application consists of a proposed new upper story; small additions would also be made to the main floor ofthe house, including and expanded entry and foyer, bay windows to be added to three bedrooms and the rear family room, and a new deck and fireplace for the front family room. A variance is requested for excess lot coverage, along with a floor area exception. Greg Johnson, architect, noted that he tried to minimize the roofvolume and the addition would only be 8 feet higher than the existing house. He said that the adjacent properties have primary views in the opposite direction from the addition and an existing hedge also helps screen the property. In response to Boardmember Beales, Mr. Johnson stated that the downhill neighbors asked them to put up a line representing a possible screening hedge and they had agreed to install screening. He answered questions from the Board regarding the articulated roofline. The Chair opened the public hearing. TIBURON D.R.B. 5 2/1107 Janella Maggette, representing the Spatz family, stated that they submitted a letter in the afternoon asking the applicant to reduce the size of the addition, noting that it would result in a home bigger than the Spatz house, which is on a larger lot. She stated the Spatz's have a secondary view ofMt. Tam from their office and noted there is a window in the proposed master bedroom which they felt would look into their master bedroom. Ms. Maggette emphasized they were not objecting to the concept of a second story addition but asked it be reduced in size and moved forward towards the street to protect their view. Carol Breen felt the proposal would have a negative impact on her property and make them feel overwhelmed. She suspected ifthe top of their house can be seen, then they could see into their house. She said that the Spatz addition had such a negative impact, and asked the Board to look at this request seriously. She stated she thought the plan was lovely, but if granted would affect her privacy. Michael Bass stated the plan would impact the patio off his kitchen and he was concerned about loss oflight. He said that he would like the applicant to install and maintain a line of trees that would obscure the second story and he would split the cost of planting more trees. In response to Mr. Bass, Mr. Jolmson noted that the story poles for the second story cannot be seen from his property and studies showed there would be no decrease in light. With regard to the Spatz residence, Mr. Jolmson noted that the lot is smaller but the proposal does not appear bulky and massive. He also noted that one would have to be 8 feet tall to see over the hedge. The Chair closed the public hearing. Boardmember Teiser stated that he remembered the Spatz application and the concerns were about building so close to the property line. He said that he was concerned about the lot coverage variance and floor area exception and suggested that the addition be reduced in size and pulled back. He noted that this would also help the Breens. He thought that the design and location of second story were fine but if the west side could be pulled back and reduced in size it would address other issues and reduce variance requests. Boardmember Beales stated that the original plan for the Spatz addition was a massive two-story wall and it was pulled back. He said that he visited the Breens' home and noted that a hedge would do very little to provide privacy screening. He suggested that the solution would be to pull back the forward edge of the upstairs addition. He noted that they were asking for a den upstairs as well as a floor area exception. He said that there was room to pull back the face of the addition, possibly up about 9 feet, which would be a big help for the neighbors. He said that the Breens definitely have a privacy issue and that the addition would loom over them. Boardmember Frymier slated that the applciants were being penalized for what happened with the Spatz project. She said that she supported the project but liked what her colleagues had said about the issues for the downhill neighbors. TffiURON D.R.B. 6 2/1107 - . Chair Doyle stated that he had not seen some of the issues his colleagues had brought up when he visited the site. He noted that the bedroom is set back from the roofline and did not seem looming to him. He said that there are not a lot of other options given the house location except pulling the addition back towards the street. He characterized the addition as modest, and said that it would only block a side view from an office of the Spatz's home. He said that he could support the application, but felt that the privacy concern brought up by other Boardmembers were valid. Boardmember Teiser stated he probably would have approved the design except they are asking for both a floor area exception and a lot coverage variance, which often indicates overbuilding. He said that he would like them to pull the addition back and decrease some ofthe area to help the neighbor. MIS, TeiserlFrymier (passed 4-0) to continue the application to the March 1,2007 meeting. 5. 34 MERCURY AVENUE P ARCHE, NEW DWELLING 34 MERCURY AVENUE STEFAN PARCHE EXISTING PROPOSED REQUIRED LOT SIZE 7,500 S.F. NA NA FLOOR AREA 1,017 1,787 2,750 MAX LOT COVERAGE 18.6% 29.0% 30.0% MAX BUILDING HEIGHT 14' 14' 30' MAX SIDE YARDS 10'& 10' 10' & 10' 8' FRONT YARD 29' 15'8" 15' REAR YARD 42' 42' 25' V ARIANCESIEXCEPTION NONE An application has been submitted to request construction ofa new single-family dwelling on property located at 34 Mercury Avenue. As more than 50% ofthe existing structure would be demolished, the project is therefore classified as "new construction". The existing dwelling is single-story and contains a two-car garage, two bedrooms, living room, dining room and kitchen. The proposal seeks to increase the size of the home by expanding the garage and adding two new bedrooms to the front ofthe dwelling. A small front entry porch would also be added. The interior of the home would be remodeled to create a more functional home with the inclusion of the additions. Stefan Parche, owner, described the proposed project. John Swain, architect, noted that nine neighbors signed a letter of support. The Chair opened the public hearing. There being no comments, the public hearing was closed. TIBURON n.R.B. 7 2/1107 Boardmember Frymier stated that she thought it was a beautiful project. She suggested the green color of the exterior be toned down to a more earthy shade. Boardmember Teiser complemented the applicant for working with the neighbors, and noted that the Belveron neighborhood has been working together to enhance everyone's property. Chair Doyle stated that he appreciated the design of the building. MIS, FrymierlBeales (passed 4-0) 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. F. APPROVAL OF MINUTES #22 OF THE 12/18/06 DESIGN REVIEW BOARD MEETING Page I & 2, change the architect's name to "Avilla." Page 2, 4th sentence to read: "...window on the door of the garage." Page 3, 5th paragraph to read: "...he felt it was a trade-off for removing the deck encroachment which was closer to the neighbors." MIS, BealeslTeiser (passed 4-0) to approve the minutes of the January 18,2007 meeting as amended. G. ADJOURNMENT The meeting was adjourned at 8:35 P.M. TIBURON n.R.B. 8 2/1107 . ~. DIGEST ACTION MINUTES #3 TIBURON DESIGN REVIEW BOARD THURSDAY, FEBRUARY 15,2007 1505TIBURON 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. CONSENT CALENDAR 1. 14 Sutter Court Singh/Dab Resolution Partially Granting Appeal ADOPTED E. NEW BUSINESS BEFORE THE BOARD 2. 30 Old Landing Road Edington AdditionsN arianceIFloor Area Exception APPROVED 3. 9 Burrell Court Hariri AdditionsNariances CONTINUED TO 3/15/07 4. I San Rafael A venue Lam New Dwelling CONTINUED TO 3/15/07 5. 2135 Vistazo East Quirk New DwellingNariances CONTINUED TO 3/1/07 F. MINUTES OF THE 2/1/07 D.R.B. MEETING - APPROVED AS WRITTEN G. ADJOURNMENT - 9:20 PM ,. NOTICE OF MEETING DIGEST CANCEL LA TION . THE REGULAR PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, FEBRUARY 28,2007 HAS BEEN CANCELLED. THE NEXT MEETING OF THE PLANNING COMMISSION WILL BE THE REGULARL Y SCHEDULED MEETING ON WEDNESDAY, MARCH 14,2007 ~ SCOTT ANDERSON, SECRETARY . DiGEST ~. . ~ ~ il ~ ~ ,.::;;:..:.:::::;~==.~ MARIN COUNTY CIVIL GRAND JURY COUNTYOFMARIN '. ..' .. '. February 14, 2007 Tiburon Town Council Town Hall 1505 Tiburon Blvd, Tiburon, Ca 94920 Re: Grand Jury Report- Hogtieing: A Lethal Restraint? Report Date: February 14, 2007 Dear Mayor: Enclosed please find a copy of the above report. Please note that Penal Code Section 933.05(f) specificaily prohibits any disclosure of the contents of this report by a public agency or its officers or governing body prior to its release to the public, which will occur six days after the date of this lelter. The Grand Jury requests that you respond in writing to the Findings and Recommendations contained in the report pursuant to Penal Code Section 933.05 (copy enclosed), The Penal Code is specific as to the format of responses, The enclosed Response to Grand Jury Report Form should be used. Governing bodies should be aware that the comment or response from the governing body must be conducted in accordance with Penal Code Section 933(c) and subject to the notice, agenda, and open meeting requirements of the Ralph M. Brown Act. The Brown Act requires that any action of a public entity governing board occur only at a noticed and agendized meeting. The Penal Code is also specific about the deadline for responses. You are required to submit your response to the Grand Jury within 90 days as foilows: 1 hard copy to: The Honorable Lynn Duryee Marin County Superior Court P.O. Box 4988 San Rafael, CA 94913-4988 2 hard copies to: Karin J, Hern, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 303 San Rafael, CA 94903 Responses are public records. The clerk of the public agency affected must maintain a copy of your response. Should you have any questions, please contact me at 415-328-2224 or at the above address. Sin~reIY, ... f~f!!u- Karin J. Her, oreperson 2006-200 arin County Grand Jury Enclosures: Penal Code Sec. 933.05; Penal Code Section 933; Response to Grand Jury Report Form 3501 Civic Center Drive, Room 303, San Rafael, CA 94903 . Tel. 415.499,6132 .t~ RESPONSE TO GRAND JURY REPORT FORM Report Title: Hogtieing: A Lethal Restraint? Report Date: February 14, 2007 Response by: Title: BOARD: Tiburon Town Council FINDINGS . I (we) agree with the findings numbered; . I (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons therefor.) RECOMMENDATIONS . Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) . Recommendations numbered have not yet been implemented, but will be implemented in the future, (Attach a timeframe for the implementation.) . Recommendations numbered require further analysis, (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable, This timeframe shall not exceed six months from the date of publication of the grand jury report, ) . Recommendations numbered will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) Date: Signed: Number of pages attached_ Response Form ~ 933.05. Responses to Findings (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable, This timeframe shall not exceed six months from the date of publication of the grand jury report, (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority, The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, uniess the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge, No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. (Added by Stats.1996, c,1170 (S.B,1457), 91, Amended by Stats,1997, c,443 (A.B.829), 9 5,) California Penal Code 933. (a) Each grand jury shall submit to the presiding judge of the superior court a final report of its findings and recommendations that pertain to county government matters during the fiscal or calendar year. Final reports on any appropriate subject may be submitted to the presiding judge of the superior court at any time during the term of service of a grand jury. A final report may be submitted for comment to responsible officers, agencies, or departments, including the county board of supervisors, when applicable, upon finding of the presiding judge that the report is in compliance with this title. For 45 days after the end ofthe term, the foreperson and his or her designees shall, upon reasonable notice, be available to clarifY the recommendations of the report. (b) One copy of each final report, together with the responses thereto, found to be in compliance with this title shall be placed on file with the clerk of the court and remain on file in the office of the clerk. The clerk shall immediately forward a true copy of the report and the responses to the State Archivist who shall retain that report and all responses in perpetuity. (c) No later than 90 days after the grand jury submits a fmal report on the operations of any public agency subject to its reviewing authority, the governing body of the public agency shall comment to the presiding judge of the superior court on the findings and recommendations pertaining to matters under the control of the governing body, and every elected county officer or agency head for which the grand jury has responsibility pursuant to Section 914.1 shall comment within 60 days to the presiding judge of the superior court, with an information copy sent to the board of supervisors, on the findings and recommendations pertaining to matters under the control of that county officer or agency head and any agency or agencies which that officer or agency head supervises or controls. In any city and county, the mayor shall also comment on the findings and recommendations. All of these comments and reports shall forthwith be submitted to the presiding judge of the superior court who impaneled the grand jury. A copy of all responses to grand jury reports shall be placed on file with the clerk of the public agency and the office of the county clerk, or the mayor when applicable, and shall remain on file in those offices. One copy shall be placed on file with the applicable grand jury, final report by, and in the control ofthe currently impaneled grand jury, where it shall be maintained for a minimum of five years, (d) As used in this section "agency" includes a department. 2006-2007 MARIN COUNTY GRAND JURY TITLE OF REPORT: HOGTIEING: A LETHAL RESTRAINT? Date of Report: February 14, 2007 I . . . . ~ ~ It I I s I a Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? ! Marin County Grand Jury '''^'-'''M'^'?-~ .... HOGTIEING: A LETHAL RESTRAINT? SUMMARY Hogtieing can be lethal. Hogtieing is the term for "the restraint of an individual with the wrists and ankles bound together behind the back." (American Journal of Forensic Medicine and Pathology, March 2000). Other terms for essentially the same procedure include maximwn restraint, Total Appendage Restraint Procedure (TARP) and, sometimes, hobbling. Adequate policies, procedures, and training are essential to protect from injury both the person being restrained and the law enforcement personnel involved, to prevent property damage and to limit law.enforcement liability. The Grand Jury surveyed all of the municipal law enforcement agencies in Marin County and the Marin County Sheriffs Office and reviewed the portion of their state-mandated policy manuals that applies to maximwn restraint equipment and procedures. The Grand Jury further inquired into police and Sheriff procedures and training in the use of restraints, types of restraint equipment, and frequency of use of such restraint equipment. The Grand Jury found the incidence ofhogtieing by law enforcement personnel in Marin County to be low. However, the policies, procedures and training regarding its use vary widely among law enforcement agencies. Many law enforcement agencies studiously avoid even using the term hogtieing, despite practicing it. Because hogtieing can be dangerous and even lethal to the detainee, the Grand Jury believes it is critically important for restraint training, policies and procedures to be clearly and uniformly articulated and carefully and consistently followed. The Grand Jury strongly recommends that hogtieing be prohibited by all law enforcement agencies in Marin County. Better, safer alternatives are available. Further, the Grand Jury strongly recommends that a set of "best practices" regarding maximum restraint be immediately established by the Police Chiefs' Association and swiftly implemented by all Marin County law enforcement agencies. Page 1 of 11 February 14,2007 Marin County Grand Jury. HOGTIEING: A LETHAL RESTRAINT? METHODOLOGY The Grand Jury took the following steps during its investigation: . Examined the policy manuals of the Marin County Sheriff's Office and the 10 municipal law enforcement agencies. . Surveyed the Marin County Sheriffs Office and the 10 municipal law enforcement agencies regarding procedures, equipment, training and frequency of use and injury related to hogtieing. . Interviewed representatives from a majority of the law enforcement agencies in Marin County. . Surveyed law enforcement agencies outside of Marin County at the city, county, state and federal levels. . Examined depositions, the coroner's inquest report and the jail video related to the Cary Grime case. . Interviewed a representative of the state agency responsible for police officer standards and training (POST). BACKGROUND On August 17, 2003, Cary Grime, aged 47, was stopped by Marin County Sheriff s officers, arrested, hogtied, and taken in a patrol car to the Marin County Jail. Shortly after he arrived at the jail, he suffered a heart attack and cardio-respiratory arrest. Two days later his family discontinued life support and he died. The coroner's inquest concluded that hogtieing was not the cause of death but may have been a contributing factor. In September, 2006, Marin County settled a wrongful death claim brought by Grime's family for $1,000,000. (See Appendix.) The Grand Jury's intent is not to reopen the Grime case but to investigate both the incidence ofhogtieing in Marin County and the adequacy of training, policies and procedures regarding its use. What is a hobble? What is hogtieing? A hobble is a rope, strap or other flexible device with clasps or clips at one or both ends. It can be wrapped around an individual's legs and then attached to another object, often the individual's handcuffed wrists in front of or behind the individual's back. Page 2 of 11 February 14. 2007 Marin County Grand Jury HOGTIEING: A LETHAL RESTRAINT? This is a picture of a typical hobble: Hogtieing is the term for "the restraint of an individual with the wrists and ankles bound together behind the back." (American Journal of Forensic Medicine and Pathology, March 2000). A hobble is commonly used to hogtie a detainee. Below is a copy of the ONLY instructions that come with the particular brand of hobble used to hogtie Cary Grime. When a hobble is used to hogtie an individual, binding together his handcuffed wrists and ankles behind his back, this type of product can be lethal. Frame number six is a sketch of a person who has been hogtied. Notice the 90-degree bend in the knees and that the subject is face down in a highly dangerous position: Page3 of 11 February 14, 2007 Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? The RIPP HOBBLE is another brand of hobble commonly used by law enforcement in Marin County. Its one-page instruction sheet, not pictured, concludes: "NEVER HOGTIE ANYONE." Why and when is hogtieing used? Most Marin County police department policy manuals make no distinction between the use of hogtieing and the use ofleg restraints, a less restrictive restraint technique. The following are typical guidelines for the use ofleg restraints: In determining whether to use leg restraints officers should consider the following: 1) Are the officer and/or others subject to harm due to the assaultive behavior of a violent, resisting and/or attacking suspect? 2) Is it reasonable to protect the suspect from his or her own actions that would place him or her in danger, i.e., hitting his or her head against the interior of the patrol unit, running away from the arresting officer while handcuffed, kicking at officers or objects? 3) The leg restraint shall only be used after a person has been handcuffed. Hogtieing is used when less severe methods of restraint are inadequate. It is intended for use to prevent injury to the detained individual or to another person, or to prevent property damage by the detained individual. Risks associated with hogtieing The primary risk associated with hogtieing is positional asphyxia, also known as postural asphyxia or restraint asphyxia. Asphyxia, much like suffocation, is a condition in which an extreme decrease in the concentration of oxygen in the body accompanied by an increase in the concentration of carbon dioxide leads to loss of consciousness or death. Positional asphyxia is a form of asphyxia that occurs when a person's position prevents him from breathing adequately. Every year a small but significant number of people die suddenly and without apparent reason during restraint by law enforcement, corrections and health care staff. Positional asphyxia may be a factor in these deaths. Positional asphyxia is more likely to occur when one or more of the following take place: 1) Hobbles are improperly applied by bending the individual's knees to an angle ofless than 90 degrees, i.e. hogtieing the individual. This can cause a backward arching of the spine, impeding the ability of the lungs to expand and making breathing difficult. Page40fll February 14,2007 Marin County Grand Jury HOGTIEING:'A LETHAL RESTRAINT? 2) The individual is left lying on his stomach rather than on his side. This position limits expansion of the lungs and can impede breathing. All law enforcement policy manuals reviewed by the Grand Jury require that individuals not be left on their stomachs while hogtied. 3) Pressure is exerted on the individual's back or neck, either while on his stomach or side. This can hamper expansion of the lungs and impede breathing. 4) The individual is not monitored at all times for signs of difficulty breathing. All policy manuals reviewed by the Grand Jury require that a hogtied detainee be monitored at all times for signs of difficulty breathing. Even a short period of oxygen deprivation can cause serious injury or death. In its report titled "The Lethal Hazard of Prone Restraint: Positional Asphyxiation," April 2002, Protection and Advocacy, Inc. (PAl) of Oakland, California states the following: "PAl's investigations determined that prone is a hazardous and potentially lethal restraint position and likely contributed to the deaths or injuries of each of the individuals described in this report. Based upon its investigations, PAl recommends that: · Individuals must never be placed in the prone position when restrained; · Temporary prone containment should only be attempted when all other techniques are ineffective to prevent imminent serious hann and when there are sufficient safeguards in place to protect the individual from positional asphyxiation; · Restraint and containment must be viewed as the result of a treatment failure, not a treatment intervention; and · All first responders must be educated regarding the risks of positional asphyxiation with prone restraint." DISCUSSION Policies and procedures within Marin County regarding hogtieing As required by the State of California, all Marin County law enforcement agencies have written policy manuals. Interested citizens can obtain copies of these policies directly from the agencies. There is no legal requirement that all law enforcement agencies have the same policies and procedures regarding restraints. Common sense suggests that there exists one set of "best practices" that should be developed by the Police Chiefs' Association and applied countywide. Areas where there are noticeable discrepancies from agency to agency in Marin County include: Attachment of hobble to handcuff: Some law enforcement agencies prohibit the attachment of the hobble to the handcuff; others permit it. Some restrict the degree of knee bend, thereby reducing risk; others do not. One law enforcement agency requires Page 5 of 11 February 14. 2007 Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? that the loose end ofthe hobble be attached to the detainee's belt rather than his handcuffs. Transport: Some law enforcement agencies require transport of a hogtied person in an ambulance or paramedic vehicle; others do not. Most agencies permit only the driver to be in the vehicle with a hogtied person. One agency requires a second officer in the vehicle to monitor the detainee. Training: Some law enforcement agencies' officers are trained in the hogtieing procedure; some are not. In training, some officers have been hogtied or hobbled themselves and have a genuine appreciation of the procedure; others have not. It is clear that some agencies' training is better than others. Purchase and issuance of equipment: Most law enforcement agencies specify a certain brand of hobble and provide it to their officers. As of this writing, some agencies allow officers to buy their own. Some have one in every patrol car; others permit only supervisors to carry them. Policies and procedures outside Marin County regarding hogtieing The Grand Jury solicited information from law enforcement agencies outside Marin County regarding hogtieing. The following agencies, all of which deal with large populations and high crime rates, were contacted. Their policies, in part, state: San Francisco PD: "...policy forbids hogtieing under any circumstances." San Jose PD: "Hogtieing, T ARP and maximum restraint are all viewed to be the same and are prohibited under all circumstances." Los Angeles PD: "The hobble restraint device shall not be used in any manner to bind an individual's hands to his/her feet in any manner." U.S. Marshals: Does not practice hogtieing. Does not condone hogtieing. However, does not have a written policy prohibiting hogtieing. California Department of Corrections: Hogtieing is not practiced and not authorized. Oakland PD: Uses a product called the "Wrap". Oakland PD does not practice hogtieing. The practice is not specifically prohibited. Los Angeles County Sheriff: Permits hogtieing but refers to it as TARP, total appendage restraint position. Policies are very carefully crafted. Only those officers who have received department-authorized training may do it. When possible, a field supervisor is on scene before T ARP. Medical personnel are requested to the scene before T ARP. TARP should be videotaped ifpossible. Transport is to be via ambulance. Application of Page 6 ofl! February 14,2007 Marin County Grand Jury HOGTIEING: A LETHAL RESTRAINT? T ARP is considered "significant force" and is reportable as such. Officer training regarding the use of hobbles The organization in California responsible for standards for law enforcement personnel training is the Commission on Peace Officer Standards and Training (POST). POST sets the minimum proficiency levels for peace officers in various areas and at various levels of training. POST must approve training programs conducted by a local law enforcement agency. Officers receive three levels of training. Newly minted officers arrive at their agencies after completing Basic Training at a law enforcement academy. They then receive approximately 16 weeks of one-on-one Field Training by a POST -certified Field Training Officer. Training continues with In-service Training at least every 24 months, and frequently as often as yearly. There is also periodic roll call training, at which topics of current interest are discussed. Many law enforcement agencies believe that all recruits receive training in hobbling and hogtieing procedures in Basic Training. This is not accurate. The section of the POST manual dealing with restraints, called Domain 33, contains nothing on any of the restraint methods addressed in this Grand Jury Report. Better, Safer Alternatives to Hogtieing A better, safer alternative procedure to hogtieing is available. It is called either a "wrap" or by one of its trademarked names, "The Body Guard." The "wrap," pictured in use below, consists of a layer of canvas or other heavy material with stiffening elements running its length. It is wrapped around the detainee's legs from ankles to thighs and is secured by Velcro straps. The detainee is then placed in a shoulder harness and his torso is connected to his knees by means of a strap. The end result is that the detainee is immobilized in a sitting position and the risk of positional asphyxiation is eliminated. Page 7 of II February 14,2007 Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? Among the law enforcement agencies surveyed by the Grand Jury, the Oakland Police Department and the Sausalito Police Department use the wrap. It is also under active consideration by the Novato Police Department. In its survey response, the Marin County Sheriff's Office informed the Grand Jury that the MCSO will prohibit the use of hobbles and hogtieing and move exclusively to the use ofthe "wrap" in the spring of2007. FINDINGS The Marin County Grand Jury finds that: Fl: Hogtieing is a "maximum restraint" procedure that can be dangerous and even lethal. F2: Better and safer restraint procedures exist as alternatives to hogtieing. F3: The primary risk associated with hogtieing is positional asphyxia. F4: Hogtieing is practiced in Marin County, though the incidence is low. F5: The purpose of policies, procedures and training in maximum restraint is to protect both restrained detainees and law enforcement personnel. F6: There are significant differences among maximum restraint policies of law enforcement agencies in Marin County (and elsewhere). F7: Many large law enforcement agencies outside Marin County prohibit hogtieing. F8: The Los Angeles County Sheriffs Office permits hogtieing, but its policies and procedures are much more demanding than those found in Marin County. Page 8 of 11 February 14, 2007 Mann County Grand Jury HOGTlEING: A LETHAL RESTRAINT? F9: Most law enforcement agencies questioned by the Grand Jury incorrectly believe that officer Basic Training includes training in the use of hobbles and/or hogtieing. FIO: Training and awareness of policies by law enforcement personnel who practice hobbling and/or hogtieing vary widely. RECOMMENDATIONS The Marin County Civil Grand Jury recommends that: Rl: Hogtieing, as distinguished from hobbling, be prohibited by all law enforcement agencies in Marin County. Better, safer alternatives are available. R2: Whether or not hogtieing is prohibited, a countywide set of best practices be immediately established by the Police Chiefs' Association and swiftly implemented by all law enforcement agencies in Marin County. These best practices should include the proper use of the hobble and the dangers ofhogtieing. REQUEST FOR RESPONSES Pursuant to Penal Code section 933.05, the Grand Jury requests responses as follows: From the following governing bodies: . The City and Town Councils of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito and Tiburon: FI, F2, F3,F4,F5,FIO,RI,R2 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code section 933(c) and subject to the notice, agenda and open meeting requirements of the Brown Act. The California Penal Code section 933(c) states that ".. .the governing body of the public agency shall comment to the presiding judge on the findings and recommendations pertaining to matters under the control of the governing body." Further, the Ralph M. Brown Act requires that any action of a public entity governing board occur only at a noticed and agendized public meeting. From the following individuals: . All chiefs of municipal police departments in Marin County: FI, F2, F3, F4, F5, FIO, RI, R2 . The Marin County Sheriff: FI, F2, F3, F4, F5, FIO, RI, R2 Page9of11 February 14,2007 Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? The Grand Jury invites the following association to respond: . The Marin County Police Chiefs' Association: all of the findings and recommendations Reports issued by the Civil Grand Jury do not identifY individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person, or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. APPENDIX Cary Grime: A case of hogtieing gone wrong. The information provided below comes primarily from the coroner's inquest into the death ofCary Grime conducted on October 16, 2003. Additional information comes from various depositions of parties participating in or witnessing the events. It is not the aim of the Grand Jury to assign blame to individuals in the case. Accordingly, the names of law enforcement personnel have been omitted. In August 2003, Cary Grime was stopped by a MCSO deputy at the intersection of Enfrente Road and Ignacio Boulevard in Novato. He was arrested, hogtied and placed in the back seat of a patrol car for transport to the Marin County Jail. Shortly after arrival at the jail he suffered a "heart attack and cardio-respiratory arrest." The case raised concerns about law enforcement agencies' restraint policies and procedures and the adequacy of training of personnel as follows: . There was conflicting testimony about how close Mr. Grime's feet were to his hands when he was hogtied. The officer who performed the hogtie stated in his deposition, "I best recall Mr. Grime's legs positioned to where his heels, if they were not touching his buttocks, they were close." When asked whether "close" meant within six inches, he answered in the affirmative. There was, however, other testimony indicating there were two feet of slack between Mr. Grime's hands and feet, and a third witness said there was "at least a foot." . After being hogtied, Mr. Grime was laid face down on the back seat of a patrol car. This was contra-indicated by every policy manual the Grand Jury examined. This dangerous error was corrected by the sergeant on the scene and Mr. Grime was turned on his side for transport to the jail. Page 10 of II February 14,2007 Marin County Grand Jury HOGTlEING: A LETHAL RESTRAINT? . The two MCSO deputies who performed the hogtie ofMr. Grime presented conflicting statements at the coroner's inquest. One deputy said, "To the best of my knowledge, there is no written codified policy with regard to the hobbling device. It has been and still continues to be an accepted practice given the nature of the situation." The other deputy was asked, "Was the manner in which the hobble was used consistent with your understanding of the MCSO policy on that subject?" He replied, "Yes, yes, it was." Whatever the policy is, it is clear that not everyone knows it, is trained consistently in it, or interprets it the same way. . Mr. Grime was transported lying down on his side in the back seat of a MCSO patrol car. Most Marin County law enforcement agencies require that a person unable to sit upright in a patrol car for any reason be transported in an ambulance or paramedic vehicle and accompanied by a sworn officer. This would cover virtually every hogtied prisoner because it is impossible to sit upright while hogtied. Only if such transport is unavailable is it generally permitted that a person may be transported while lying down in the back seat of a patrol car., . During transport of Mr. Grime to the jail, only the driver was in the patrol car. Most law enforcement agencies in Marin County permit transport in this fashion with the additional requirement that the officer who is driving also observe the arrestee for signs of medical distress. However, an officer driving a car cannot adequately (or safely) monitor a passenger lying down in the back seat, who is likely to be barely visible at best. This situation contradicts the accepted policy that hogtied prisoners should be carefully monitored at all times. In the final analysis, the coroner's inquest into Cary Grime's death concluded that hogtieing was not the cause of death. The Grime family's wrongful death lawsuit was settled for $1 million and never went to court. The forensic pathologist concluded that the cause of death was comprised of four factors. She said, "The cause of death in this case is mixed drug toxicity associated with physiological stress while being restrained. A significant medical condition in this case is cardio hypertrophy (enlargement of the heart) and coronary vascular atherosclerosis (narrowing of the arteries)." (Parenthetic definitions added.) The forensic pathologist went on to indicate that, all else being equal, an individual would have a better chance of survival if he were not restrained. She further indicated that an individual would have a better chance of survival ifhe were restrained less than someone who was restrained to a higher degree. Page 11 of 11 February 14,2007 - ~ur - {II Jr. ~ Ji;td {en RICHARDSON'S BAY REGIONAL AGENCh€J;,z, FEe - 9 20 OJ Dear West Shore Road Resident, 07 TOWN MANAGERS Living on the waterfront exposes you to a very dynamic natoraJ environment As many of yolPWll.61F T18UR~:ICE have lived in the area for some time can attest, wind-driven debris or vessels are an unavoidable fact of life on the windward shore during storm events in Belvedere. In response to concerns, the Richardson's Bay Regional Agency (RBRA) has developed a program to enhance its vessel and debris interception capabilities. The program does not create any duty on RBRA's part, but increases the likelihood of intercepting a vessel or debris before it contacts shore. . As JIarbor Administrator for the RBRA, I have put together a response guideline for persons who have waterfront property that is exposed to wind-generated debris or a vessel that is adrift. Upon becoming aware of this circumstance, you should frrst attempt to contact ll1e. If possible, I will intercept the vessel or debris on the open water. To further RBRA's response goal of24 hours or less, Dave's Diving has agreed to be on stand-by day or night for drifting vessel and debris problems at West Shore Road. Dave's Diving is based in Sausa1ito, and has local crewmembers as well, which should enhance response capabilities during storm events. Our goal is to provide open-water interception at no cost to private parties. However, this program has a small budget and its operation may be limited or curtailed. West Shore residents bear ultimate responsibility for dealing with any vessel, object, or debris that has drifted onto their property, including damages and the eJCpense of having the vessel or debris removed. A good look-out can often forestall disaster! If a vessel or debris is spotted adrift and may be threatening, a call to emergency responders can avert property damage and salvage costs as well. Please report any such sightings quickly, even if you are not sure of the situation. The following are local emergency phone nnmbers to call: qo Community Development Agency, 350l Civic CentCf Drive, Room 308, San Rafael, CA 94903 Office 415/289-41.43 Pager415/451-9595 Cell971-3919 Page I of2 .,1. If debris or a vessel is has drifted onto your property, and you are unable to reach any of the above emergency responders, the best solution is for you to promptly contact a local salvage operator and make arrangements for them to remove the debris or vessel. Time is of the essence, because the longer the object stays in place, the more difficult and costly it likely will be to remove. In the event of an incident occurring, it is important that you always contact or leave a message with the RBRA Harbor Administrator at 415/971-3919. Since I am on call most of the week, I may be able to respond directly, keeping everyone's costs to a minimum. Regardless of the circumstances, I will be coordinating with local agencies and contractor'll concerning further work. Most of the RBRA's efforts occur after a vessel is towed. , In addition to notifying the Harbor Administrator, please also contact the Belvedere Police, the County Sheriff; and the Coast Guard if debris or a vessel drifts onto your property. This will alert responding agencies and allow them to determine the next steps. It is also essential in cases where your homeowner's insurance requires you to file a police report in order to document the accident. Please keep an eye on your neighbor's waterfrc;mt area as well. If your neighbor is away and debris or,a vessel washes up on their property, you may be the first or ouly person to notice and be able to mitiate a response in a timely manner. Work out a pian with your neighbors ahead of time so that everyone knows what to do if a problem should arise that requires a neighbor's assistance. Don't hesitate to contact me at 415/971-3919 or via the address listed below if you have any comm uestions. Bill Pri Harbor Administrator Richardson's Bay Regional Agency cfo Community Development Agency, 3501 Ovic Center Drive, Room 308, San Rafael, CA 94903 Office 4~9-4143 Pager 41!V451-9595 Cell 971-3919 Page 2 M2 - DIGEST 5. RICHARDSON'S BAY REGIONAL AGENCY Thursday, ] anuary 15, 2007 5:30 P.M. to 6:30 P,M. Sausalito City Council Chambers 420 Litho Street Sausalito, CA PUBLIC COMMENT IS INVITED CONCERNING EACH AGENDIZED ITEM PURSUANT TO THE BROWN ACT. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. AGENDA RECEIVED i I I FEB I~ 2007J I 5:30 P.M, CALL TO ORDER - ROLL CALL. I FINANCE UH'ARTMENT 1. Minutes of December 21, 2006 Meeting TOWN OF TIBURON 2. Election of Officers 3. Review report of Harbor Administrator 4. Approval of prior expenditures for December 2006 and January 2007 5. Rapid Response Program inception update 6, Mooring Plan status update 7. Update on patrol vessel operations with Sausalito Police Department 8, Public comments invited concerning items NOT on this Agenda (3-minute limit) 9. Staff comments 10, Board member matters Adjourn. NEXT MEETING: Tentatively planned for April 19, 2007. Please review your calendars and advise Staff on your availability, A COMPLETE AGENDA PACKET IS AVAILABLE FOR VIEWING AT THE SAUSALITO CITY LIBRARY. TO RECEIVE AN ELECTRONIC MEETING NOTICE, PLEASE EMAIL REQUEST TO DON ALLEE AT dallee@Jco.marin.ca.us Marin County Community Development Agency, 3501 Civic Center Dr. Room 308, San Rafael, CA 94903 Office 415/289-4143 bprice@co.marin.ca.us ":\ .~ <". RICHARDSON'S BAY REGIONAL AGENCY MINUTES OF DECEMBER 21, 2006 HELD AT SAUSALITO CITY HALL CHAMBERS MEMBERS PRESENT: Board Chair Paul Albritton (Sausalito); Charles McGlashan, (Marin County); Jerry Butler (Belvedere); Paul Smith, (Tiburon) ABSENT: Chris Raker, (Mill Valley) STAFF: Bill Price (Harbor Administrator); Ben Berto (RBRA Clerk) Session Called to Order at 5:38PM. Minutes of October 19, 2006 meeting Minutes were approved unanimously. Accept Report of Harbor Administrator Staff recounted the difficulties with ordering motors with the correct shaft size for our vessel, and said that new 2007 90 HP motors would need to be substituted for the 75 HP motors that were originally delivered and subsequently returned. Member Smith asked if RBRA always responds to calls for dead seals and Staff stated that unless it was a cetacean larger than a dolphin, RBRA would take care of it. Approval of prior expenditures for October and November, 2006 The first quarter expenditure report was approved unanimously, RBSAP and Joint Powers Authority discussion Ben Berto began the discussion by stating that the SAP had been formulated back in the days when the anchor-out issues had been burdensome to the County Board of Supervisors and other elected bodies around Richardson's Bay. He had found that a recreational mooring program was discussed in the SAP, and supported in its policies. He also noted that the SAP grants the RBRA local authority to apply more specific policies. He felt that this would be a good starling point for the upcoming discussions with BCDC. Member Smith asked about Clem Shute's role, and Mr. Berto eXplained that Mr. Shute's depth of experience with public trust issues, and with Richardson's Bay specifically, would help us to navigate the critical path. Member Smith asked ifMr. FlageolJet would be working on the SAP as well since he was concerned with the low budget that was afforded consultant fees. Mr. Berto stated that county counsel would be involved, and that Mr. Shute had recognized the Agency's small budget and he was still willing to work with us to accomplish our initial goals. The Board thanked Staff for the informative report. Rapid Response Program update Mr. Berto explained that the program should move forward but emphasized a need for caution owing in part to the litigious nature of some residents of West Shore Road. The Chair Albritton asked Staff to talk to Tiburon and Southern Marin Fire Districts about their perceived role in a Rapid Response scenario. He reiterated the need for a line in the letter referencing property damage liability as the responsibility ofthe property owner and the third party vessel owner. He also asked that a press release go out to local paper, and that Staff send out an appropriately revised letter for the Floating Homes Association and the local harbormasters. Mooring Plan Discussion Mr. Berto presented the Board with the proposed scope of work from attorney Clem Shute, and asked that he be permitted to move ahead with executing the contract once it is drawn up at the County. Member McGlashan said that he was very committed to see this process through, and that he would pursue it vigorously in the BCDC, emphasizing the safety and environmental concerns while remaining sensitive to needs of the anchor- outs already in place. Chair Albritton stated that we would need solid legal arguments from Mr. Shute and constituent support to move through BCDC's process. Mr. Berto cited a few positive references within the RBSAP that pointed to the RBRA as authorized to establish detailed mooring policy. A member of the public, Jeff Chase, asked for a brief explanation of the program, and Member Smith answered that this program was envisioned as a more controlled plan that would provide safety and address environmental concerns for all users of Richardson's Bay, Mr. Chase said he appreciated the free anchorage, and stated that having folks on the water made the bay safer for all users. Member Smith said that examples from all around the country were being studied and that it would be different from the freewheeling past. Mr. Chase then asked about the benefit to eelgrass from moorings. Member McGlashan said that new mooring types eliminated the "crop circles" created by traditional anchorages. He stated that the goal was to provide a safe, economical mooring field that would remain flexible at the same time, to be enjoyed by cruisers and local residents as well. Mr. Chase asked if the RBRA could set up moorings now, and the response was that the BCDC would not allow that currently. Water Test Results Mr. Price explained to the Board thatthe results were in, and that Gates Coop had faired very poorly once again. He stated that he had spoken with the BCDC, and the consultant and lawyer from Waldo Point Harbor, and there appeared to be some good news in reaching a resolution that would allow the proposed development to move forward, eliminating the source for the sewage leaks, Member McGlashan explained that through his contacts with Lynn Woolsey and her assistance in pushing the project forward, resolution had been reached on the mitigation conflict over the 40 year-old parking lot. A marsh restoration project had been identified in Mill Valley, and it is expected that Waldo Point could break ground as early as Spring '07. Staff pointed out that once ground is broken there would be a $50,000 mitigation check coming to RBRA as well, Staff also declared its intention to move forward with dock repairs (labor only) at the Gates Coop just in case the project is stalled further. RICHARDSON'S BAY REGIONAL AGENCY HARBOR ADMINISTRATOR'S REPORT February 8,2006 WORKING RELATIONSHIPS . Dept. of Boating and Waterways - I) Submitted a claim reimbursement for $26,400 for vessels disposed of since October, 2006. 2) Another claim letter is about to be submitted for approximately $30,000. Staff is considering re-applying to DBW for another grant starting in FY 07/08 due to the increased activity in vessel disposal. . City of Sausalito - On-the-water training is almost finished for the four SPD officers who will be operating the "Mud Puppy", The officers will be qualified to operate the vessel on their own by March I. Unfortunately, the wrong motors that were delivered, could not be installed, and were returned to Honda are delaying police operations. We are awaiting delivery on 2007 model 90 HP motors. It is anticipated they will be bolted on in April, and police use will start shortly afterwards. DEBRIS REMOVAL . Disposed of 15 vessels as well as 6 skiffs. Three boats are currently impounded. A lien sale was conducted and the sailboat was sold for $1075. . Discovered a wrecked, sunken lifeboat that had been hidden underwater for over 12 years. Raised and demolished. . Towed three vessels to San Rafael. Two large motorboats were relocated to slips, and one was brought to SR since no marina would take it in Sausalito. . Beaches are on a regular clean-up schedule. Also working with the marsh restoration project at Blackie's Pasture in Tiburon with the Audubon Center in Lyford Cove. . Completing work on removing the piles of steel debris, car wreckage, and landing crafts that filled in the area between Gate 6 Yz and East Kappas Pier. This project was conceived and funded as a public / private cooperative effort between the RBRA, Mr. Tom Duggan (a Gate 6 Yz houseboat resident), and the contractor. All participants split the cost and RBRA has also been instrumental in the off-loading and disposal of the retrieved wreckage. The project is 85% complete as of this report, and documenting photos will be presented at the Board meeting. WATER QUALITY . RWQCB - Assisted their staff in collecting samples for the January testing, with the hopes of increasing their awareness and participation in our testing program, . Working with Marin Co Public Health Dept. to see if we can receive a new bacteria test that is being tested by Lawrence Livermore Labs. The new test should be able to identifY the exact species source of the bacteria, . Schoonmaker Point has ordered and will install a state-of-the-art sewage pump-out system at their docks, This will greatly assist the "Waste Aweigh" program in its operations since it will allow the vessel to empty much more quickly and efficiently, OTHER ---~ RICHARDSON'S BAY REGIONAL AGENCY Dear Floating Homes Resident, Living on the water exposes you to a very dynamic natural environment. As many of you who have lived in the area for some time can attest, wind-driven debris or vessels are an unavoidable fact of life in Richardson's Bay during storm events, In response to concerns, the Richardson's Bay Regional Agency (RERA) has developed a program to enhance its vessel and debris interception capabilities, The program does not create any duty on RERA's part, but increases the likelihood of intercepting a vessel or debris before it contacts shore. As Harbor Administrator for the RERA, I have put together a response guideline for persons who have property that is exposed to wind-generated debris or a vessel that is adrift, Upon becoming aware of this circumstance, you should first attempt to contact me, If possible, I will intercept the vessel or debris on the open water. To further RERA's response goal of24 hours or less, Dave's Diving has agreed to be on stand-by day or night for drifting vessel and debris problems in Richardson's Bay. Dave's Diving is based in Sausalito, and has local crewmembers as well, which should enhance response capabilities during stonn events. Our goal is to provide open-water interception at no cost to private parties. However, this program has a small budget and its operation may be limited or curtailed, Vessel owners bear ultimate responsibility for dealing with any drifting vessel, object, or debris, including damages and the expense of having the vessel or debris removed, A good look-out can often forestall disaster! If a vessel or debris is spotted adrift and may be threatening, a call to emergency responders can avert property damage and salvage costs as well. Please report any such sightings quickly, even if you are not sure of the situation. The following are local emergency phone numbers to call: Business name Contact person Phone number Richardson's Bay Bill Price 415/971-3919 Rel!ional Al!encv Harbor Administrator Dave's Diving Dave Gissendaner 415/385-5496 nap-er 415/ 838-0029 crew Todd Estrella 415/203-5746 nap-er 415/838-0093 Local ememency Southern Marin Fire District 415/289-4141 So, Marin Fire District additional line 415/289-4153 County Sheriff Deputies Gallegioni or Stott 415/507-4134 Marin Citv sub-station Sausalito Police additional line 415/289-4170 U,S. Coast Guard Station Golden Gate 415/33]-8247 Parker Dive Service Tim Parker 415/33]-0329 ceI14]5/740-1276 i c/o Community Development Agency, 3501 Civic Center Drive, Room 308, San Rafael, CA 94903 Office 415/289-4143 Pager 415/451-9595 Cell 971-3919 Page 1 of2 RICHARDSON'S BAY REGIONAL AGENCY Dear Neighbor, Richardson's Bay exposes those who live there to a very dynamic natural environment. As many of you who have lived in the area for some time can attest, wind-driven debris or vessels are an unavoidable fact of life in Richardson's Bay during storm events. In response to concerns, the Richardson's Bay Regional Agency (RBRA) has developed a program to enhance its vessel and debris interception capabilities. The program does not create any duty on RBRA's part, but increases the likelihood of intercepting a vessel or debris before it contacts shore. As Harbor Administrator for the RBRA, I have put together a response guideline for persons who have personal or real property that is exposed to wind-generated debris or a vessel that is adrift. Upon becoming aware of this circumstance, you should first attempt to contact me. If possible, I will intercept the vessel or debris on the open water, To further RBRA's response goal of24 hours or less, Dave's Diving has agreed to be on stand-by day or night for drifting vessel and debris problems in Richardson's Bay. Dave's Diving is based in Sausalito, and has local crewmembers as well, which should enhance response capabilities during storm events. Our goal is to provide open-water interception at no cost to private parties, However, this program has a small budget and its operation may be limited or curtailed. Directly affected persons bear ultimate responsibility for dealing with any drifting vessel, object, or debris, including damages and the expense of having the vessel or debris removed. A good look-out can often forestall disaster! If a vessel or debris is spotted adrift and may be threatening, a call to emergency responders can avert property damage and salvage costs as well. Please report any such sightings quickly, even if you are not sure ofthe situation. The following are local emergency phone numbers to call: Business name Contact person Phone number Richardson's Bay Bill Price, Harbor 415/971-3919 Re~ional A~ency Administrator Dave's Diving Dave Gissendaner 415/385-5496 pager 415/ 838-0029 crew Todd Estrella 415/203-5746 pager 415/838-0093 Local emergency Fire Districts and police 415/289-4141 departments Sausalito Police additional line 4] 51 289-4170 So. Marin Fire District additional line 415/289-4153 Tiburon Fire District additional line 415/435-7200 Belvedere Police additional line 415/435-3266 U. S. Coast Guard Station Golden Gate 415/331-8247 County Sheriff Deputies Gallegioni or Stott 415/507-4134 Marin City sub-station Parker Dive Service Tim Parker 4]5/331-0329 cell 415/740-1276 c/o Community Development Agency, 3501 Civic Center Drive, Room 308, San Rafael, CA 94903 Office 415/289-4143 Pager 415/451-9595 Ce1l971-3919 Page I of2 i i I I I I 1 i I I 1 I ; , 21 c ~ I c I ID j ,E , c. I 1 'S 0- j ID ~ , '" ID .c W .e- 0; I -0 C 1 UJ ~ '" a Z 0. .~ 0 ! C a. ill ID '" E W ~ ID 0:: .... a I~ 0 0 1;; 0: - "" E ;:; ..... -0 .~ M "" 0:: - ..... .e- 0 0 W 0; E u. en .~ _ W ID t- W '" c u .,; Z ID IE g c W ::::l ~ '" .- . '" c i E ':2; ~ ID 1- .- Iw z ,g g ID 0; W ID W c C ID I~ w "'.' 0; '" W 1 0. ~ '" ID '" o.W 'ro c 0 > ~ '" '" c .. '" E a (; 'u '" .- 1l<;; , E W '" > W " I 0.<;; 1;; x '" c W <;; c I~ 0:: W W W 2! ~ a..Q -0 ~I W ID W W '" 0 .~ ~ ~ ~ ill Il ~ I] '0 -< 10:: c 10 Ia; z ~ ~IS '" 0 :Eb ~I ! ID ';f'. S .c 0& ID <;; 0 <( ",,,,-< 0. -" W - "'I- w "''''''' - - .... 0 0'" "'... "''''''' 0 '" W 00 0'" 0'" .... '" - '" :5<<; en "''''''' '" "'.... 0 '" '" -'" -.... '" 0 "'~ 00 N '" 0 N "'.... '" "'... N .... ....'" ... ID~ {"}~ - '" "'~- 0 - '" ON q .-~ 0 ...., '" ~ Q)~ W Z ......" >0- ..:f "'~ ~ (1)-.-- <A ' '" Z N ......-(J} .,; '" - '" .,; ~y; ;;; .... 0:: w ..."'''' "'''' '" '" UJ '" '" '" '" 0:: '" '" - 0:: '" '" ;;; '" ::::l w w !:: u. u. u. u. 0 is is Z '" N'" 0'" "'.... 0 ON "'''' N '" '" 0 '" '" 0 '" "'''' ....'" 0", ......co.-..- '" '" -.... "'I ... 0 - '" "'.... '" 0 a"'''' '" N N N "'", W ("')lOt--t-- N '" <A "'... "'... "'....- 0 0> N N"'_ "'.... "'.... r2- I,l')~ o<DtOcO <'i '" ....-'" '" ' <A . '" '" '" '" ' , -q--""': <'i'" 0.. ....(")..-1O ;;; ;;; ;;; .oi m ;;;~ ...'" '" '" >< .tI')Ef)tI} '" .... '" If: a. '- :> '" w ! '''' X l w , W 0:: >- 0 I I 0 t- , I t- U >- >- - Z "'00 0 00 0 00 00 00 00 COlD 0 C> 0 0 a 0 CD 0 0 W V..-O 00 tFtoaOOOOl.OtFtO 10 ""Il.l') 0 (f)- DIEf) 0 (f)- N 0 (f)- ~ NNO OU) ... N "'.... 0 ....''''1 0 I.... '":,'<t_o_ ~ 0_ tqo_ II) Cl co-.,....-("')- ..[1.....: 'EI} - - (f)- -I Eflj - - ~ ~i~ y; ~' g f2 ~ r: 0 ~ ~:;:: ;;itFt I ~ V} ~I lEi} ~ ~ 0 <( w I W Ii. N W 0: ...-...- N t- '''' t- I (f)- tI) tit ...J a. , III li a. i I I 0 , 0 <( I I _ I-LL-i___! 0 1 , 0 z -< " . -< r .., . ----+-- 0 i ! IU) - , I I I I I 1 I "" W I I I , I It-I I~ w l;t ;",1 Cl 'w' , Ul(/) U) I '0...' It-I''''' ,'" 0::: -IW w I - I i 10::: ~ U ~ '>1 W Z I> ':2; ~ ~I~ ~ wi 161 I ! IW >1 5 ~ g iUJI 0:: I~ 10::, => I :IIf:3 ~ in:: VJ 1....1 (1)10::1 WI W C) W I it> ::llol iw' 1'ti1:u >- II-I ,W' '~ o (J)...J a... 21 (/)1,1 lID' IZ'WI IW U) U) ~.o z ,UJ 'w Z ~ ~1O:: ~ ~ ~I~I~ I 01 I~ wig: g u!W I...J' I~ > > !C/)I <( <{ <{IW wi Zl<{ ~ : c'Olw'OI W IW ZIC/) lD z a. Cl.la....J w,z wla. 01 1~I>i~lolU) w ~ ~ o'<{1 0 10. ,Z WI <{ :ro' I...J W - 'a. 10 U W U UJ UJIO ~ :2;'0 o.lUJ WI !mi~!~!a.,<c'-.J ~ I~ 1-:0, IfJ i= 1<t1C/) U5 51~ Z a:: a::1~ W ~I~ ii31a:::2 C/) I ,Wll-II-il-I<{ I <{lwl a. oOoO'...JO.J<( loOowl i g'1"'1"""'IZI'" 01 0 >1'0' Z enD: ...Jlf- UJID:: =:l =:;'U:IW'WI~ 2 t-It-I~ u.1~1~ ~i~ "'lg1 !.~Ia::IWIWI~'a:: ~ ~ ~lwl 0 W'" IOlw ~IU) ~ :2 I ciWia::I~; IW ~ cr. f='-:l' Z Z Z 0 CO ~ Z W I' ,"OJ'I-!W:Wi~I,W U w ~iOi en a::~ ~Im ~ col(/) 0 ;j"~wo::j;:;I::lu.:;j'uJw L ID' I)-II- - I- (/) 1-' ' iOJ'~IZI~...J b:zl~ ziWI_~! 0 ::JO (f) CO 0.1:) ~ U en_ ' ul,-,L-,"', -,..~=:(j-j<L:, 0:: t::- -I' ! I I 2i2+~ g. I- a. 0,2 I-_~_ ,_ w 01010'01010 0:0 ol~j , ' , I' , 0,. 'O!~:o:olo'o ::J o:o,~I~io,~:o N;oIN: <( Zt- OIN o:oiolo 010101010100 0 o:~: I Z ~:~:~i~!~i~~M ~:~ ~! J: N,,,,- "'-'("')'1{) ~ ~I~ ~ ~ ~I~ C; 8 ~I~L I WW ;o:o'o~olo 0 W OiOIOIOlo:OiO 010101 U 0.'" :':=I~,N'NiNIN NiNININININ ~ ~ ~I~, i > ~!~i~I~I~l~l~ ~!~i~1 )(0 1{)!l!HO,~:1{)11{) ~II{) lO lO lO ~ L{) L{) I{)i~ W ~:~'v v!~I~;v!v'~:V' 0:: W~ I I I: : ' I a:: ; ! i" 1 TR 07 December.XLS TRIAL BALANCE BY ACCOUNTING DISTRIBUTION THROUGH DEC 31, 2006 1 Dave's Diving Service - raise sunken boat (1,150.00) 2 Wedlock Survey service (185,00) 3 Wediock Survey service (185,00) 4 Wedlock Survey service (185,00) 5 Bay Cities Refuse Service (1,302,35) 6 Parker Dive Service (1,125.00) 7 Hertz Equipment - backhoe rental (506.20) 81GB Building - office rental (420,00) 9 Libertyship Way Dry Storage (540,00) 10 Schoonmaker Point Marina - slip rental (230.00) 11 Schoonmaker Point Marina - slip rental (275,00) 12 Port Supply - boat maintenance (106,86) 13 US Bank Cal Card (283,56) ENDING BALANCE -5,343.97 Cal Card breakdown (from item #13) HazMat fees - US EPA 22.5 AT&T - DSL wireless 60,86 Earthlink email monthly charge 5.9 Saylors Landing - crew lunch 28,71 Anchorage 5 - crew lunch 25,98 Home Depot - Sawz-all and blades for demo work 139.61 Golden Gate Petroleum - fuel for towing boat to Oakland 55.54 Card Total 339.10 Page 1 Percent of Budget and Percent of Year as of January 31, 2007 Fiscal Year Remaining 42% Total Budget Expenditures vs. Budgeted Expenditures Expenditures $148,398 Adopted Budget $267,709 Remaining 45% " Expended 55% Revenue Realized Revenue vs. Budgeted Revenue Remaining Realized Revenue $213,595 21% Budgeted Revenue $271,576 L.;J.LT' \~n.-l\.1 Lvr .....-v::>v i VOLUME 38 ISSUE 2 S~RVINGTIBURON, BELVEDERE AND STRAWBERRY SINCE 1973 Richardson Bay Belvedere Rapid Response Couple Shares Citizen ofth Program Aims to Divert BY PRISCILLA TRIPP Jack and GinnyDoylehave beel) i:tamed.to.share Wayward Boats Belvedere's Citizen of the Ye~\J: hOl)ors for 2006. 'Yhel) t~e.phone calLcame fr<:>IIl~elvedereM<lyor BY>JEANNEPRICE Jo~rr'I'elischak that the city council h<ld confirmed A "Rapid Response Program" that addresses the their selection, "We were ovepvhelmed," Jack said. problem of drifting vessels in Richardson Bay was .Their nomination had gone to the Citizen of the Year launched at the Richardson Bay Regional Agency's Committee, which then recommended the Doyles to (RBRA) December meeting. the city council for confirmation. Belvedere's West Shore' residents and others at They feel very 'honored to be named Citizens of the risk around Richardson Bay will be receiving a letter Year, especially since, when they moved to Belvedere outlining how the plan to .reduce the danger of storm- in 1986, they didn't know anyone but now know all the tossed boats careening into private property is to be Citizens of the Year over the past 20 years. implemented. "We are so high on volunteering," said Jack. "You Among the main points of the letter is that "West get so much back for all the time you give. We feel very Shore residents bear ultimate responsibility for deal- strongly about it and it has made a big difference in our ing with any vessel, object or debris that could or has lives." drifted onto a property." In other words RBRA is le- Their contributions to Belvedere have centered on gaily got liable for any property damage. The Rapid Re- things that provide enjoyment to all of the community sponse Program "does not create any duty on RBRA's - music, art, parks and parades. Gin~y is <l co-founder part," the letter states. of Belvedere's popufar summer music series, Con- However, "RBRA is working on enhancing response certs-in-the P~rk,al)d still.co-chairsthecommitt~~.> capabilities to increase the likelihood of intercepting a with Maureen JohnsomIu past years;.;]ackhils beeu>i;i vessel before it contacts shore." Belvedere Councilman co-chair with Ginny.. .. . . Jerry Butler, Belvedere's represent<ltive 01). the five- Ginny served 011 the Belvedere Centenl)ial Celebta' 'memberRBRA board, commented at the meeting, "We tion Committee in 1996 and Jack helped with the centen- arel)otaboat rescue agency." What RBRA offers is to nial parade, She was on the Paril:s & ()pen Space Com- use its very limited budget to il)tercept any free,float- mittee (POSC) when Centennial Paril:was developed and ingvessels in open water before they hit the shore. Con/lnved On page 19)- Jock and Ginny I The letter encourages residents to be alert to any- _._~----~ thil)g that seems to be drifting their way and immedi- ately notify the RBRA Harbor Administrator Bill Price, Citizens Emeritus: Harvey &. Dave's Diving Service, or the Tiburon Fire District, in that order.The letter provides all the contact numbers, BY PRISCillA TRIPP The Rogers J including cell phone numbers. In a sweet coincidence, Belvedere's 2006 Citizen of in 1957, had the RBRA clerk Ben Berto of the Marin County Ad- ministrator's office said at the meeting, "This plan the Year Emeritus honors are also being shared by a first SOl) was thl addresses the problem of no immediate and available couple - long-time Belvedere residents Harvey and raised their tw, help, which frustrated West Shore homeowners last Nancy Rogers. in today and wh winter." visit. Nancy holds Butler sees this plan as a policy for any homeowner serving appoint Continued on page 20 )- code. In 2005, s . ~. ~'~'~.'~. Joint Recreatior .. E ,~iI'~'mlli~ II R R' "l~\p,~o/ ~! l;rt :;; years. She was ~ .'i'lri . R'1"&nC"."iP'.~ vedere City Cou DIGSSr Jv. -". AGENDA FOR FEU " ?n07 l.... l..... MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRIC-rOWN MANAGERS OFFICE TOWN OF TIBURON BOARD OF SUPERVISORS MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS Agenda items wilt be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, February 20, 2007 Board of Supervisors Chambers. Room 330, Civic Center 10:00 a.m. Convene in Open Session as the Marin County Housinq Authoritv Board of Commissioners Convene in Closed Session 1a. Instructions to labor negotiator (Executive Director and Liebert Cassidy Whitmore) regarding negotiations with Service Employees International Union ("SEIU") Local 949 pursuant to Government Code Section 54957.6. Reconvene in Open Session as the Marin County Housinq Authoritv Board of Commissioners Announcement from Closed Session. 1b, Approval of minutes of the meeting of January 23,2007. 1c. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1d, Board of Commissioners' matters, 1e. Executive Director's Report. 1f, Request to approve 2006 Portability Accounts Receivables write-ofts in the amount of $4,120.21. Recommended action: Approve. ~ U ,... ~ rI ..... .... ..... 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 htto:llwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at httD:/Iwww.co.marin.ca.us/deDts/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. ~l . .. . 19. Request to authorize the Executive Director to purchase a new truck to dispose of garbage and abandoned items from all Housing Authority properties and to amend 2006 Annual Plan budget. Recommended action: Approve. 1h. Request to adopt resolution authorizing execution of the 2006 Section 8 Management Assessment Program ("SEMAP") Certifications. Recommended action: Adopt resolution. 1i. Request to take actions necessary to exercise option to purchase a Below Market Rate ("BMR") property at 104 Almond Court, San Rafael, for the current BMR value of $318,100, using interim funds provided by the City of San Rafael, to retain the property in the BMR program. Recommended actions: Authorize Executive Director to (i) exercise the option to Purchase and execute required documents; (ii) take necessary steps to borrow the interim funds; and (Ii) approve related actions as detailed in staff report dated February 20, 2007. Adiourn as the Marin County Housina Authoritv Board of Commissioners 10:15 a.m. Convene as the Marin County Board of Supervisors 2, Approval of minutes of the meeting of January 30 and February 6, 2007. 3. Board of Supervisors' matters. 4. Administrator's report. 5, Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 6. Consent Calendar A (Items CA-1 through CA-7) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 7. Consent Calendar B (Item CB-1) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 8, Supervisors McGlashan and Adams requesting resolution celebrating "Black History Month." 9, Supervisor Adams requesting adoption of a resolution supporting the reclassification of "Alcopops"-type flavored malt beverages from a beer/wine product to a distilled spirit product. Marin County BOS Agenda 2 2/20/2007 - ------ 10:30 a.m. 10. Hearing; Consideration of Marin Sanitary Service's requested 8.1 % rate increase, effective March 1, 2007, for regular refuse collection in Central Marin Franchise areas 1, 2, 3, 4, 5 and 6. Recommended actions: (a) Conduct hearing scheduled at 10:30 a.m.; (b) consider adopting rate increase; and (c) if approved, authorize President to execute twelfth amendment to the agreement with Marin Sanitary Service reflecting approved rate. 11, Status report from the Department of Public Works regarding the Nonmotorized Transportation Pilot Program. Recommended action: Accept report. 12. Request from the Department of Public Works to authorize President to execute agreement with the Golden Gate Bridge, Highway and Transportation District ("GGBHTD"), in an amount not to exceed $249,475, for operation of the Muir Woods bus shuttle service during the months of May to September 2007. Recommended action: Approve. 13. Request from the Public Defender to begin a six-month pilot program to provide representation of defendants at arraignments, , Recommended actions: Consider item as outlined in staff report dated February 20,2007. 14, Personnel Actions: a. Request from the Treasurer-Tax Collector to approve the addition of 1,0 FTE Accountant II (Class #0370), effective March 10, 2007, to enable cross- training in investment responsibilities and respond to increased workloads. b. Request from the Retirement Administrator to approve the addition of 1.0 FTE Accountant Assistant (Class #1391), effective February 25, 2007, to provide new and increased services to assist both active and inactive Marin County Employees' Retirement Association ("MCERA") members. Recommended actions: Approve 14a -14b. 15. Request from the County Administrator to approve the County's participation in the initial stage of a Frank Lloyd Wright thematic application to the National Park Service, to be considered for the United States Tentative List. Recommended actions: Approve and direct staff to return to the Board with a progress report and recommendation for next steps. 16, Appointments: a. Children and Families Commission (First 5 Marin) Three term expirations as follows: Two At-Large seats (David Bonfilio and Rocio Elisa Hernandez, incumbents) and one seat representing Health and Human Services (Frima Stewart, incumbent). Recommended action: Schedule appointments for March 27, 2007. Marin County BOS Agenda 3 2/20/2007 b. Countv Service Area ("CSA") #29 - Paradise Cav One term expiration (William Canada, incumbent). Recommended action: Schedule appointment for March 27, 2007. c. Disaster Council . One term expiration representing the Police Chiefs Association. The incumbent, Chief Charles Lacy, has reapplied. Recommended action: Make appointment. d. Economic Commission One term expiration representing the North Bay Leadership Council (Clark Blasdell, incumbent). Recommended action: Schedule appointment for March 27, 2007. e. Marin/Sonoma Mosquito and Vector Control District Board of Trustees One At-Large term expiration (Katharina Sandizell Smith, incumbent). Recommended action: Schedule appointment for March 27, 2007. f. Oakland Airport Noise Forum Two vacancies as follows: one for a Citizens' Representative and one for a Marin County elected official. Applications have been received as follows: Iicants Michael McEnean Matthew Curwood, Thomas Martell, Bill Rothman Recommended actions: (i) Make one appointment for Elected Official representative; and (ii) make one appointment for Citizen representative or schedule interviews for March 20, 2007. g. Peace Conversion Commission One At-Large term expiration (Lucienne O'Keefe, incumbent). Recommended action: Schedule appointment for March 27, 2007. h. Strawberrv Desian Review Board One vacancy. Recommended action: Schedule appointment for March 20, 2007. i. Youth Commission One vacancy. An application has been received from Gabriela Andrade. Recommended action: Make appointment. 17. 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 13,2007, at 10:30 a.m. Marin County BOS Agenda 4 2/20/2007 11 :00 a.m. Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors 18a, Approval of minutes of the meeting of January 23,2007. .18b. Open time for public expression, up to three minutes per speaker, on items not on the Flood Control and Water Conservation District Agenda. 18c. Board of Supervisors' matters. 18d. Request to approve the Drainage System Fee Methodology for raising flood control revenues in Flood Zone 9, and instruct the Assessment Engineer to submit Final Report. Recommended actions: Approve. 18e. Authorize President to execute Notice of Completion for the Pump Station Control Panel Improvements Flood Control Zones 3 & 4 Project; and release retention amount of $34,493.65, 35 days after Board action, to Tresch Electric Company, Inc. of Novato. (Project Nos. LUFX30 and LUFX40) Recommended action: Approve. 18f. Request to adopt resolution ratifying Resolution 2007-05, amending the boundary of Flood Control Zone NO.9 (Ross Valley). Recommended actions: Approve. Adiourn as the Marin County Flood Control and Water Conservation District Board of Supervisors Reconvene as Board of Supervisors (in Room 324 Al 19. 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: County of Marin v. San Rafael Rock Quarry, Inc. Marin County Superior Court, Case No. CV 014602. c, Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(c). Number of potential cases; One (1). d. Appointed Department Head evaluation (Community Development Agency Director) pursuant to Government Code Section 54957. Reconvene in Open Session Announcement from Closed Session, * * * * * * * * * * * * * * * * * * * * * * Marin County BOS Agenda 5 2/20/2007 CONSENT CALENDAR A (Items CA-1 throuah CA.7) ("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. Board of Supervisors: a. Adopt Resolution No, 2007-_ approving revisions to Conflict of Interest Codes submitted by the San Rafael City Schools and the Stinson Beach County Water District. b, Authorize President to execute Memorandum of Understanding ("MOU") with the Marin Community Foundation, Major Employer's Group and the County of Marin to establish the Marin Workforce Housing Trust. c. Supervisor Brown requesting resolution commending George Buckle upon his retirement. d. Supervisor Kinsey requesting resolution commending Tony Giacomini, Eric Iseri, Joe Morena and Ian Adams of the Marin County Fire Department for their outstanding efforts in responding to a heart attack patient. CA-2. 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 The Legal Self Help Center of Marin, Inc., in the amount of $30,000, to provide free legal services for self- represented litigants and individuals, especially low income, underserved and immigrant populations in Marin County. CA-3. Health and Human Services: NOTE: Agreements in items CA.3a . CA3c are renewals of existing agreements that were included in and funded in the FY 2006-07 budget. a. Authorize President to execute Bay Area Regional Immunization Registry Joint Powers Agreement, effective January 14, 2007 to January 13, 2012. b. Authorize President to execute the following FY 2006-07 agreements related to the Emergency Medical Services ("EMS") System: (i) William Teufel, MD, in the amount of $60,000, to provide medical direction; and (Ii) Kate Garay, RN, in the amount of $58,350, for local and regional program planning. c. Authorize President to execute agreement with Fischer Communications, in the amount of $42,796 for 15 months, to provide a communications strategic plan for the Nutrition Wellness Program. d. Authorize President to execute agreement with Boeschen and Associates, in the amount of $30,000 for 15 months, to assist in strategic planning and implementation of the Nutrition Wellness Program and the Marin Physical Activity Nutrition Wellness Collaborative, e. Authorize President to execute FY 2006-07 agreement with the Center for Restorative Practice ("CFRP"), in the amount of $81,257.50, to assist families in consensus-based decision making related to service plans for at risk children and youth. Marin County BOS Agenda 6 2/20/2007 CA-4, Information Services and Technoloqy; Authorize President to execute addendum to the agreement with Pixxures, Inc. increasing the contract by $5,000 for a total contract amount of $32,500, to rectify the parcel boundaries on the MarinMap orthophotograph. CA-5. Librarv: Request to approve change in hours of operation for the South Novato Library, effective April 3, 2007, adding four hours to the existing schedule as detailed in staff report dated February 20, 2007, CA-6. Public Works: a. Request to adopt Traffic Resolution No. _ prohibiting parking on portions of Redwood Highway Frontage Road in the Strawberry Point area, District 3. b. Approve purchase of new furniture and related expenses, in the amount of $82,705.28, for labor and materials to reconfigure and install furniture in the Public Guardian's Office in the Department of Health and Human Services, under the existing contract with Coordinated Resources Inc. ("CRI"). c. Authorize President to execute agreement with Bright Star Security, Inc" in the amount of $92,520, for guard patrol services at Gnoss Field Airport. CA-7, Treasurer: Monthly report of County, Schools, and District Investments as of December 31, 2006. CONSENT CALENDAR B {Item CB-11 (4/5 vote reauired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1, Librarv: Request from the Director of County Library Services to accept the following donations and approve budget actions as detailed in staff report dated February 20, 2007; (Four affirmative votes required) a, $28,800 from the Friends of the Marin County Free Library. b, $2,000 from the Tomales Bay Library Association. c, $250 from Charles Schwab & Co, Inc. d, $250 from the Novato Republican Women, Federated. Marin County BOS Agenda 7 2/20/2007 . J /JIGS S,. MARIN HEAL THCARE DISTRICT http://www.marinhealthcare,org 1100 South Eliseo Drive, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 DIRECTORS: SHARON J. JACKSON, MBA, Chair RECEIVED ARCHIMEDES RAMIREZ, M.D., Vice-Chair FES 1 6 Z007 JAMES CLEVER, M,D., Secretary TOWN MANAGERS OFFICE LARRY BEDARD, M.D, TOWN OF TIBURON JENNIFER RlENKS, Ph,D. NOTICE MEETING OF THE MANAGEMENT & FINANCE COMMITTEE Tuesday, February 20, 2007 10:30 am Marin Healthcare District Office Suite 4 1100 S Eliseo Drive Greenbrae, California A copy of the agenda for the Regular Meeting will be posted and distributed at least seventy-two (72) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting.