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Home My WebLink AboutTC Digest 2006-11-03 TOWN COUNCIL WEEKL YDIGEST Week of October 30- November 3, 2006 Tiburon Specific Items 1. Town Calendar - November 2006 2. Memo from Peggy Curran - re: Resignation of Matt Odetto 3. Email from Liz Bird - re: Resignation from Design Review Board 4, Memo from Nick Nguyen - re: Use of Lot at 2240 Centro E. for Underground. Agendas & Minutes 5. Minutes - Design Review Board - October 19, 2006 6. Action Minutes - Design Review Board - November 2, 2006 7. Agenda - Planning Commission - November 8, 2006 Regional Information a) Correspondence from Marin Bd. Of Sups. - re: Underage Drinking Ordinance b) Conference Announce.- LGC - Smart Growth - Feb. 8-10, 07 - Los Angeles * Agendas & Minutes c) Agenda - Marin General Services Authority - November 1, 2006 d) Agenda - Marin Co. Parks & Open Space - November 3, 2006 e) Agenda - Marin Bd. Of Supervisors - November 7, 2006 f) Agenda - Marin Bd. Of Directors - Open Space District - November 7, 2006 g) Meeting Notice - Marin Healthcare District - November 9, 2006 * Council Only ,. ~ .... .. ... otJ en ~ 0- ~ fit.... bO Os: li! ::I C 0_ !c 0_ ..... '" ..... U ... .... CUcc ... ~ .. ~ :E '" ;;;: ~~ ...0 "'~ !il ~\:j Q "'~ ~ ,~ ~~ Q .. ....'" ~"" '" <!!~ ....30 ,..... ... ~~ <!~ .. i!l~ '" ~~ ::l ... .. = .... = - = ii2 !il ~ - ,~ 0 = "'", ~ 0 ~ ~~ ~ ~~ ~ - .. 0 1E "'.. .... = ~ ~~ '" ~ ~ ::I ~ ~~ :z: ;:; ::;:]~ .. ... ~ 0_ .... ~ .... ~ .... :=:J=G ~ 1 0_ .. :;" =- ~ 'f: o , 0 = 9l~ ~i" ~ : . ]. ~ :e.~ e ci.. - = ~~ -~ iO ..2:~ - ~ 8.;: '" - ' ~ ~ = . 0 '" ~ '" ~;: .~ .. :l~ .....e .. ~ ~~ ~'" .. !jj iO :; ~ ~~ ='" ~ g .... :!!:~ ;:s "E ... :- '" ~8 0_ '" ~;:; 0 o , 1:~ ~ u Z ~ ~<:: ~ ~'" "'- ~ .. ~ = ~.:..i ~..: ~;:s ... ~~ -"- ~ "'= ~ 1: g ~ , , o~ .. 0;::: ~ , E E! ~- .... ~!;9 ~ "E :5", -- _ N .... ~~ ~ u ~- ... ... z' ..: ~ = = .. ~- ~ '" -,,;, ~ , . "0 .~ ~- "" ~! ~"" ::c -- ' .tr ~'" '" ~ ~ ffi~ .. u .... ....'" v ~ ~ :~ ... C!i~ :S-g ',!< ::I "'''' ~ 0 .~ ~ ~.s ... ~~ o = :::; ~ ~ -~ = ~e .. i::lj~ .... '" ... C t; 0 ;!l s.. .. = .... W .a ~ C) 0- - .... c '0 c ~ 0 .... ~. Town of Tiburon ~/G~ CI . . MEMORANDUM 8r . . . . .. .. .. . . . . . . . . . . . . . . . . . .. . . .. .. . . . . . . . . . . . TO: Mayor and Town Council, Town Staff FROM: Peggy Curran, Town Manage~~~ SUBJECT: Resignation of Matt Odetto DATE: November 3, 2006 . . . . . . . . . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . Matthew C. Odetto, Tiburon's Chief of Police, announced his resignation today. He has accepted the position of Chief of Police for the City of San Rafael. After serving in his post for six years, his last day here at the Town will be December I, 2006. We at Town Hall are terribly sad to see Matt leave; he is both a highly respected and well loved member of staff. Weare happy for him, though, as this is an outstanding career opportunity that will enable him to manage a larger staff in a bigger, more challenging environment. In short, he has said this is a chance he just cannot pass up. I am sure Council will join us in wishing Matt the all the best in his new position. We will find an appropriate time and manner to honor him for his service to the Town. November 3, 2006 1 of 1 or'. ,,~ Town of Tiburon MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Peggy Curran, Town Manager FROM: Matthew C. Odetto, Chief of pOlt)},,~~ SUBJECT: Resignation DATE: November 1, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I have accepted a position as the Chief of Police for the City of San Rafael. I am submitting my resignation as the Chief of Police for the Town of Tiburon effective December 1, 2006, I want to thank you, the Council, and the entire staff for making my time in Tiburon most enjoyable and rewarding. On a personal note, I have been very lucky to have served with such high quality members of the Town's staff, I will leave this organization knowing that the friendships that I have made will last a life time. As we agreed, I will assist you and the Council in the selection process for the new Chief of Police, Again, thank you for the privilege of serving as your Chief of Police, Cc, Mayor Smith Councilmembers Page 1 of 1 7. DIGEST Diane Crane lacapi From: EBird915@aol.com Sent: Thursday, November 02, 2006 12:49 PM To: Diane Crane lacopi Subject: Design Review Board Liz Bird 2205 Paradise Drive Tiburon, CA 94920 November 2, 2006 Dear Diane, This is to let you and the Town Council know that I will be leaving my position on the Design Review Board as of December 1, 2006. Our family is moving to Waodacre and I am working to prepare for it; so although I have put this decision off as long as possible, the time has now come. Being on the Board these past few years has been a delight. Decisions don't always make everyone happy in the DRB process (as we all know), but I found it a welcome challenge and opportunity to get to know people in the community and to work toward the goals of the guidelines. I will still have a home in Tiburon and can pinch hit whenever you need me. I will miss my fellow board members and all of the great folks in the town office as well. All the best, Liz Bird 11/2/2006 IJIGSS-, q. Town of Tiburon MEMORANDUM .. ... . .. ........ ...... ........... ...... . . ... .. TO: Dan Watrous, Planning Department FROM: Nicholas Nguyen, Public Works CC: Peggy Curran, Town Manager AI Petrie, Public Works Tony lacopi, Public Works Isaac Dee, Harris & Associates, Fax: (925) 827-4982 Matt Odetto, Chief of Police Richard Pearce, Tiburon Fire District Glenn Ghilotti, Maggiora & Ghilotti, Fax: (415) 459-4884 SUBJECT: Action Plan For the Use of the 2240 Centro East Lot Lyford Cove Utility Undergrounding project DATE: November 2, 2006 ... .. ...... .... . ........ . . .. ........ .. . ... ... Since the last Planning Commission meeting on October 25th Public Works has formulated an overall process to manage the use of the lot at 2240 Centro East as per the Planning Commission's direction. The following steps include involvement from staff, the contractor (Maggiora & Ghilotti), and delegates of the adjacent residents: . To build a spirit of partnering among the stakeholders and establish a direct dialogue, Public Works has established a bi-weekly meeting to include two (2) delegates of the adjacent residents to discuss and resolve complaints. The two delegates are Dolores Davis and Milton Diaz. The first meeting occurred on November 1". Mr. Diaz did not attend as he was out of town. If the Town must use additional funds to mitigate valid issues, it will do so. . Dust control, being one of the key concerns, will be improved through education of the contractor's operators. Use of water before brooming operations will be emphasized. Contractor will also coordinate the use of their own street-sweeper. The Town will also engage the services of a street-sweeper at its own expense when appropriate. Damp fall and winter conditions will resolve remaining dust. . Noise from equipment, e.g. idling equipment, will be minimized through education of the contractor's operators. The contractor indicated that it is not to his benefit to leave equipment idling for long periods of time as it wastes fuel and damages the equipment. If equipment is on, it is on for a reason or because it makes less sense to shut them down and re-start them. The staff cannot dictate how the contractor will manage his equipment, but will partner with them to monitor the idling issue. . Odor from material, e.g. cold mix, will be continually managed through the use of a tarp. The contractor is entitled to have access to material in an efficient manner, If the tarp ,is not used in an effective or efficient manner, staff will direct contractor to do so. . Traffic safety, parking and postal delivery will be monitored by the Police Department andlor Public Works. The Police Department and Fire District have no particular 1012 . 'l. .,,,, Town of Tiburon MEMORANDUM . .. ............... ............... .... .. ....... negative comments about the situation on Centro East. In fact, the Fire Chief has pet~ioned the Town Manager and Chief of Police to continue the use of lot as this use provides clear roadways for the area and his emergency services. Coincidentally, the Fire Chief lives 50 feet diagonally from the site and next to Mr. Diaz. It has come to the forefront that the Postal delivery person has not delivered some mail because he/she would have to get out of their vehicle to do so. The Town will discuss this s~uation with the Postal Service. . Lastly, the contractor will vacate and stop using the lot by December 151h, 2006. Based on the complaints received from the adjacent residents, they wilf cease the use and store some of their equipment and stockpiles along the side of the roads wherever limited spaces are available. The contractor will park other non-essential equipment at off-s~e locations, such as Blackie's Pasture or wherever they have gained private access. However, it is anticipated that the Town staff will now address new issues and complaints arising from this approach. If you have any questions, please feel free to contact me. 2012 -- 5, MINUTES #18 b/Q TmURON DESIGN REVIEW BOARD MEETING OF OCTOBER 19, 2006 ~~~ The meeting was opened at 7:02 P.M. by Chairwoman Bird. A. ROLL CALL Present: Chair Bird, Boardmembers Beales, Doyle (arrived at 8:15 P,M.), Frymier and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Laurie Tyler, Assistant Planner Scott Phillips and Minutes Clerk Hennessy B. PUBLIC COMMENTS There were none. C. STAFF BRIEFING Planning Manager Watrous stated no appeals had been filed on decision from the previous Board meeting. D. OLD BUSINESS BEFORE THE ROAD 1. 35 HACIENDA DRIVE PETERSON, ADDlTIONSN ARlANCES/ FLOOR AREA EXCEPTION - CONTINUED TO 11/16/06 E. NEW BUSINESS BEFORE THE ROAD 2. 258 KAREN WAY CONTE, ADDITIONS 258 KAREN WAY FRED AND LARA CONTE EXISTING PROPOSED REQUIRED LOT SIZE 7,902 S.F. NA NA FLOOR AREA 2,070 2,4]0 2,790 MAX LOT COVERAGE 27.3% 27.7% 30.0% MAX BUILDING HEIGHT ]3'10" 20'4" 30' MAX SIDE YARDS 6'&6'6" 6'&6'6" 6' FRONT YARD 22' 22' 20' REAR YARD 27' 27' 25' V ARIANCESIEXCEPTION NONE TIBURON D.R.B. 1 10/19/06 . "'.. . (~ The applicant is requesting Design Review approval for the construction of additions to an existing single-story single-family dwelling on property located at 258 Karen Way, A home office would be situated within a new second story addition to the west side of the house, A small addition is also proposed to the existing living room, along with a new gas fireplace, Three (3) new skylights are proposed to be installed. Lara Conte, architect and owner, made a presentation to the Board. She stated that the project consists primarily of a new second story addition to the west side of the house and three skylights. Ms, Conte reviewed the options available to accommodate their needs; emphasized the smaller backyard than other houses in the neighborhood which she wanted to retain for her children; that this was a small addition that did not block neighbors' views; and windows to be situated to avoid privacy issues. She agreed to allow her neighbor to review the project during construction to make sure privacy was being provided and if necessary she could ask for frosted glass, She showed eye level views from second floor which would not affect neighbors' privacy. She stated that she was aware that second stories are frowned upon in Bel Aire neighborhood, but asked the Board to review this on a case by case hasis. She said that she notified the neighborhood of their plans and held an open house; seven people attended the open house and another 24 people signed petition approving project, and she said that the surrounding neighbors are OK with the application. Ted Leman, 29 year resident, expressed concern about privacy which is now afforded by an old fence and 35 year old landscaping. He suggested that the rear widows be frosted. Virginia Brunini, 40 year resident, noted the resurgence of young families in Bel Aire and recognized the need to expand. She stated that the zoning ordinance states second stories are discouraged in Bel Aire in order to preserve privacy and sunlight. She noted that this application would be architecturally compatible with the neighborhood, and agreed that this lot is triangulated at the end and lends itself to a variance. Mrs, Brunini also read a letter from Chuck and Mary Barnes that opposed any second story addition. Mrs, Conte showed the Board a model of the house and noted window sills are at 5' 11" height. In response to a question from the Board, Mrs, Conte stated she was willing, if necessary, to frost windows with a 2" clear border so she could supervise her children in the yard, Boardmember Beales acknowledged that there is a lot offeeling in Bel Aire about second stories. He stated that this is a smaller lot and the immediate neighbors have signed off on the project. He agreed that the Board looks at each application on its own merits, and he supported this request. Boardmember Teiser stated that this is a sensitive design and a modest expansion, with no room to add to the rear on this property. He said that the Town cannot control whether people look out ofta1l windows into yards, but he felt that this design was not conducive to looking at other yards. He said that the issue of frosting the windows can be worked out with the neighbors. TffiURON n.R.B. 2 10/19/06 Boardmember Frymier stated that she was sensitive to the history of Bel Aire, and that the number of families supporting this request means a lot. She said that the addition was sensitively designed and could have been much more massive. She felt that the applicants had gone overboard to appease their neighbors. Chair Bird stated that this was a thoughtful, modest and reasonable proposal. She agreed that the Board looked at these applications on a case by case basis, and noted that there were few lots like this in the neighborhood. MIS, TeiserlBeales (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. 3. 1885 MOUNTAIN VIEW DRIVE O'DONNELL, NEW DWELLING/ V ARIANCES/FLOOR AREA EXCEPTION 1885 MOUNTAIN VIEW DR. EMMETT & CINDIE O'DONNELL EXISTING PROPOSED REQUIRED LOT SIZE 22,194 S.F. NA NA FLOOR AREA 4,014 4,826 4,219 MAX LOT COVERAGE 17.5% 18.4% 15.0% MAX BUILDING HEIGHT 22' 24' 30'MAX SIDE YARDS 58'&21' 40'& 15' 15' FRONT YARD 1)'2" 13' 30' REAR YARD 17'10" 17'10" 25' REDUCED FRONT AND REAR YARD V ARIANCESIEXCEPTION SETBACKS, EXCESS LOT COVERAGE AND FLOOR AREA EXCEPTION The applicant is requesting Design Review approval for the construction of a new single- fumily dwelling on property located at 1885 Mountain View Drive. The main level ofthe proposed house basement level would include a living room, family room, kitchen, dining room, a master bedroom suite, one additional bedroom and bathroom, a playroom and a laundry room. A two-car garage would be attached to the main level of the house, with an office, loft and bathroom above the garage. Twelve solar panels, two chimneys and a series of solar panels would be installed on the roof. A swimming pool would be installed in the front portion of the site. Variances are requested for reduced front and side yard setbacks and excess lot coverage, along with a floor area exception. Greg Johnson, architect, reviewed the plans for construction of a new single-family dwelling which will replace an existing dwelling, He stated they met with neighbors and adjusted plans as requested by them. He stated that the application would preserve views and maintain the scale of the neighborhood and he asked the Board to approve the project as presented with the revisions made for the neighbors. TIBURON D.R.B. 3 10/19/06 Claudia Pictet stated that the story pole on the south side of the house was placed in error and new tape was strung that day which made it look higher, longer and more prominent along the ridge line. She stated that 25% of her water view was blocked and the view from her proposed new terrace would be affected. She had agreed that the applicant could remove the pine tree and replace it with two lower trees that would preserve her view, She asked that the height of the living room be lowered 2 or 3 feet and asked that new poles be put up to determine the impact. In response to questions from the Board, she stated that the picture showing the most water view impact was taken from her patio area Pete Pedersen, landscape architect for Ms, Pictet, further addressed the potential view impacts and asked that the house be lowered. Jamie Cohan stated that he objected to a house with a third level, stating that the proposed house would block his view of Belvedere Island. He stated that there were seven houses that would be negatively impacted by this application and he believed that the proposal contradicts the Hillside Design Guidelines. Greg Johnson responded that there are no third story additions proposed; rather, the house has one main story, along with a plUtiallower level and a small area above the garage. He noted that two of the photos shown by neighbors are from outside their houses. He stated that the story pole was not in error but another story pole was added to provide a streamer from one pole to the other. He stated the 9 foot plate height in the ceiling of the living room was an important design element. Boardmember Teiser noted that the Hillside Design Guidelines address views from primary living areas inside the house, which does not include patio areas. He stated that fureground views were also not considered to be as important. He said that Ms. Pictet's photos were a little misleading, noting that he visited her house and one has to go outside to see those views, which would not be significantly blocked, He stated that there would only be a very modest intrusion into the Cohans' views. He said that he could support the project, adding that the variances are for existing conditions. Boardmember Beales stated that he stood on the Cohans' driveway and that the one blip taken out of their Belvedere Island view would not be considered to be view blockage. He stated that the house would be in the foreground view, would not block any significant objects or the horizon line. He said that some small water view might be affected, but only if there is some tree trimming. Boardmember Frymier stated that this is a beautiful design. She said that she was hesitant to block views, but she visited the Cohans' property and found that their views would not be dramatically blocked. Chair Bird stated that this is a lovely design that sits nicely on the lot. She said that the view from the Cohans' house is of a hillside. She said that people in Tiburon do not live in Wyoming where you cannot see other houses. She said that the house would not block significant views and that the applicant has done a good job of addressing the neighbors' concerns. TIBURON D.R.B. 4 10/19/06 . , . M/S, BealeslFrymier (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 StatI report and the changes as outlined in the October 18, 2006 letter from the architect. 4. 955 OWLSWOOD LANE CRUZ, NEW DWELLING/FLOOR AREA EXCEPTION 955 OWLSWOOD LANE JEREMY CRUZ EXISTING PROPOSED REQUIRED LOT SIZE 10,405 S.F. NA NA FLOOR AREA 1,170 3,462 3,041 MAX LOT COVERAGE 11.2% 21.0% 30.0% MAX BUILDING HEIGHT 18' 28'4" 30' MAX SIDE YARDS 18' & IT 8'&8' 8' FRONT YARD 22' 20' 15' REAR YARD 44' 20' 25' V ARIANCESIEXCEPTION FLOOR AERA EXCEPTION The applicant has submitted modified drawings for the approved construction of a new two-story single family dwelling on the property located at 955 OwIswood Lane, Currently, the property is improved with a single-family dwelling which is proposed to be demolished, The applicant is not proposing to change the general layout of the structure or the size of the home. The modifications proposed would enhance the design by creating a more aesthetically pleasing home, both interior and exterior. Chair Bird announced that no decision would be made on this application this evening because the story poles have not been up for 10 days, however, the Board will review the application Luis Rabut, architect, reviewed the application which had previously been approved to replace an existing single-fumily dwelling, and outlined the improvements to the interior and exterior which would enhance the design by creating a more aesthetically pleasing home. He said that the height would be increased by 5'7" and 12 skylights removed, Boardmember Doyle arrived to the meeting. Boardmember Beales noted the chimney looked like it would be too close to the trees. Mr. Rabut replied that this possible fire hazard would be addressed during the construction phase. Mary Bowles expressed concern that the applicant had not contacted the neighbors and that the story poles seemed to be in the trees and wondered if any of the trees would be removed. TIBURON D.R.B. 5 10/19/06 Boardmember Frymier expressed concern that the story poles were not located forward enough and would like locations to be checked. She said that the house would be more vertical and could look massive for the small lot. Boardmember Beales noted the improved design and the importance ofthe trees being preserved to provide screening. He said that the story poles need to clearly illustrate the building height, including the chimney. Boardmember Teiser suggested additional story poles and a story pole plan be provided to visualize the chimney location. Chair Bird stated the height seemed prominent and suggested cutting some branches to clarify the height of the proposed structure. Boardmember Doyle stated that there appeared to be a lot of roof area, and agreed that better story po les are needed. MIS BealeslDoyle (passed 5-0) to continue this item to the November 16, 2006 meeting. 5. 7 HILLCREST ROAD STROTZ, NEW DWELLING 7 HILLCREST ROAD STROTZ TRUST EXISTING PROPOSED REQUIRED LOT SIZE 13,981 S.F. NA NA FLOOR AREA NA 3,393 3,398 MAX LOT COVERAGE NA 20.0% 30.0% MAX BUILDING HEIGHT NA 26'6" 30' MAX SIDE YARDS NA 21' & 18'6" 8' FRONT YARD NA 19' 15' REAR YARD NA 30' 25' V ARIANCESIEXCEPTION NONE The applicant has submitted a revised request for construction of a new single-family dwelling on the vacant property located at 7 Hillcrest Road. The proposal has been redesigned to address issues raised at the previous Design Review Board hearings. The proposed floor plan would include three (3) bedrooms, two (2) bathrooms and the master bedroom suite on the upper level; a family room, living room, dining room, kitchen and study at the lower level; and a three-car garage, game room, media room, wet bar and wine cellar at the garage!basement level. A tile deck would be located above the three- car garage with access at the lower level through the fumily room An interior stairway and elevator would service the three levels of the home. Mohamad Sadrieh, architect, reviewed the revised plans. Mark Jansheski, new owner of the property, stated that the plans had been revised to address the concerns of the neighbors. TmURON D.R.B. 6 10/19/06 -~ . Nita Poonian commended the architect for his cooperation with the neighbors, and expressed concern that no landscaping be added below the retaining wall that would block her views. Boardmember Doyle stated that the issues from the previous house design have been addressed. He stated that the house is appropriate for the site and does not appear to intrude into any sight lines, Boardmember Frymier noted that the house is consistent in style with others in the neighborhood. Boardmember T eiser stated that this is a much improved design that fits the landscape better and opens up more views than before. Boardmember Beales agreed that this is a much better design and noted that there is a condition of approval that addresses the landscaping issue. Chair Bird applauded the owner for working with the neighbors and stated that this was a much better home than before. MIS, FrymierlDoyle (passed 5-0) 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. 6. 200 GILMARTIN DRIVE LEHMAN, NEW DWELLING 141 TAYLOR ROAD DOUG AND BRITT ENGEL EXISTING PROPOSED REQUIRED LOT SIZE 1.6 ACRES NA NA FLOOR AREA NA 5,999 6,000 MAX LOT COVERAGE NA 8.4% NA BUILDING HEIGHT NA IS' 15'MAX SIDE YARDS NA 88' & 56' NA FRONT YARD NA 79'6" NA REAR YARD NA 82'9" NA V ARlANCESIEXCEPTION NONE The applicant is requesting Design Review approval for the construction of a new three- level single-family dwelling on a vacant lot located at 200 Gilmartin Drive. The main level of the proposed house basement level would include a living room, kitchen, dining room, a master bedroom suite, two offices, laundry room, game room and a guest suite. The upper level would three bedrooms and three bathrooms. A basement level would include a storage room and media room. A three-car garage would be attached to the main level of the house. Three chimneys would be installed on the roof. A swimming pool would be installed to the rear of the house. TmURON D.R.B. 7 10/19/06 Adam Gardner, architect, reviewed the plans for a three-level single family dwelling which conforms to the previously approved precise development,plan. He stated that the house had to comply with a 15 foot height limit. He stated that they have met with their neighbors and not aware of any neighborhood oPJXlsition. Pete Pedersen, landscape architect, stated there was a 6 foot height limit for much of the landscaped area and they worked with an approved plant list. He stated that there would be olive trees guarding the entryway and they would maintain the existing outcroppings of serpentine where possible. In response to questions from the Board, Mr. Gardner stated that there would be a shared driveway for this lot and the lot below. Planning Manager Watrous noted that the driveway would be built prior to submittal of plans for the second house. Bill Sweet, and also representing Charles Schreiver, wanted to make sure berming along the driveway would block headlights and asked for clarification of guest parking. Len Yaffee asked about the driveway layout. Planning Manager Watrous explained that the layout of the driveway has not changed. AI Anolik, previous owner of the parce~ reviewed the history of the development and noted only 8.4% of total land would be built upon. He asked for support of the application. Boardmember Teiser stated that this was a gorgeous design and noted that the adjacent neighbors are the only people who could see the house and have no objections. Boardmember Doyle stated that this was a beautiful design that works well on the lot. Chair Bird appreciated the landscape plan and feh that this will be a very welcome house on this site, MIS, Frymierffeiser (passed 5-0) 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 #17 OF THE 10/5106 DESIGN REVIEW BOARD MEETING Boardmember Beales asked that the fourth paragraph on page 2 be modified to insert italicized words: He stated that he spoke to Mr. Goldmanprior to the August 3 hearing.. . MIS TeiserlBeales (passed 5-0) to approve the Minutes of October 5, 2006 as amended. G. ADJOURNMENT The meeting was adjourned at 9:20 P,M. TffiURON n.R.B. 8 10/19/06 -,_.- -- . ,. ACTION MINUTES #19 DIGEsr TIBURON DESIGN REVIEW BOARD THURSDAY, NOVEMBER 2, 2006 1505TIBURON BOULEVARD A. ROLL CALL: Present: Chair Bird, Boardmembers Beales, Doyle, Frymier and Teiser Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk Hennessy B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 1. 2131 Vistazo East O'Donovan New DwellingN ariance APPROVED E. NEW BUSINESS BEFORE THE BOARD 2. 9 Acela Drive Dietz New DwellingNariance CONTINUED TO 12/7/06 F. MINUTES OF THE 10/19/06 D.R.B. MEETING - APPROVED AS AMENDED G. ADJOURNMENT - 8:15 PM 1. TOWN OF TIBURON D~ PLANNING COMMISSION 'GSSr 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting November 8, 2006 - 7:30 PM ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department Secretary at (415) 435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all Planning Commission Agendas, Staff Repor!s, and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and Staff Reports are also available on the Tiburon website (www.ci.tiburon.ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on agenda items. If you challenge any proposed action(s) in cour!, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Planning Commission attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to ttems appearing on the Planning Commission agenda. AGENDA CALL TO ORDER AND ROLL CALL Chairman Fraser, Vice Chairman Aguirre, Commissioner Collins, Commissioner Kunzweiler, Commissioner O'Donnell ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. {. .. Agenda - Planning Commission Meeting. November 8, , 2006 Page 2 COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. 2240 CENTRO EAST STREET: REVIEW OF CONDITIONAL USE PERMIT #10603 TO OPERATE A TEMPORARY CONSTRUCTION STAGING AREA ON A VACANT LOT; Rolfe Eiselin, Owner; Maggiora & Ghilotti, Inc., Applicant; Assessor's Parcel No. 059-142-02 DISCUSSION ITEMS 2, Discuss Possibility of Changing Planning Commission Meeting Time 3. Cancellation of November 22, December 13 and December 27 Planning Commission Meetings MINUTES 4. Planning Commission Minutes - Regular Meeting of October 25, 2006 ADJOURNMENT Future Aoenda Items a110806 Request to Designate Railroad.Trestle Mound in Blackie's Pasture Park as a Local Historic Landmark (January 10) Tiburon Glen Tentative Subdivision Map (TBA) - ~- RECEIVED a.. ! ..: - 1 2006 1 . TOWN MANAGERS OFFICE . ~ TOWN OF TlBURON lil ~ THE BOARD OF SUPERVISORS OF MARIN ~'''--'''''' ~ .../.).......\...................::...., ..... "\. ADMINISTRATION BUIl.DING COUNTY OF MARIN '" 3501 CIVIC CENTER DR., SUITE 329 SAN RAFAEL, CALIFORNIA 949034193 TELEPHONE (415) 499-7331 October 30, 2006 DIGEST FAX (415) 499-3645 'ITY (415) 499-6172 www.co.marin.ca.us/bos To: Mayors, City Council and Town Council Members Re: Social Host Accountability Ordinance On October 17, 2006, the Marin County Board of Supervisors passed the Social Host Accountability Ordinance to address the problem of underage drinking of alcoholic beverages at loud and unruly gatherings held at residences or other rented facilities. The ordinance allows law enforcement to impose civil fines and fees against persons responsible for such gatherings. In 2003-04, 382 young adults were admitted to Marin County's publicly funded alcohol detoxification and treatment program and of those, 52% reported alcohol as their primary substance. In the same year, 218 young adults were admitted to Marin's Drinking Driver Program. Reducing consumption of alcohol by minors will reduce the incidence of alcohol poisoning, sexual and/or physical assault and alcohol related incidents of automobile accidents. Adding this ordinance to our tool chest is part of a broader effort to encourage youth to make healthier choices and move toward a change in the norm that says that underage drinking, and binge drinking, is simply a rite of passage. House parties were identified by Marin youth as the number one source of access to alcohol. Current state law does not specifically address the accountability of hosts of gatherings where alcohol is served to, consumed by or in the possession of minors. The Social Host Accountability Ordinance targets the party, which is a totally preventable event, and holds adults accountable, closing the gap and providing law enforcement an additional course of action to combat parties where teens are drinking. We urge your council to pass a similar ordinance so that we have consistency throughout the county as we work together to reduce underage access to alcohol in Marin. Enclosed is a copy of our ordinance, some frequently asked questions and a fact sheet. Please let us know if we can be of any further assistance. Sincerely, s.,", A&.. L~ 1~ ~7hWAd Cynthia Murray PRESIDENT 2- VlCE.PRESIDENT VICE PRESIDENT CLERK SUSAN 1. ADAMS . HAROLD C. BROWN . CHARLES MCGLASHAN . STEVE KINSEY . CYNTHIA L. MURRAY . MAITHEW H. HYMEL SAN RAFAEL SAN ANSELMO MILL VALLEY SAN GERONIMO NOVATO 1" DISTRICT 2"" DISTRICT 3"" DISTRICT 4'" DISTRICT 5'" DISTRICT ORDINANCE NO, 3462 AN ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS TO REDUCE UNDERAGE DRINKING BY PROHIBITING LOUD OR UNRULY GATHERINGS WHERE ALCOHOL IS SERVED TO, CONSUMED BY, OR IN THE POSSESSION OF UNDERAGE PERSONS AND AUTHORIZING CIVIL FINES FOR VIOLATION AND IMPOSING CIVIL FEES FOR THE RECOVERY OF COSTS FOR PUBLIC SAFETY RESPONSES TO SUCH GATHERINGS THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN HEREBY ORDAINS AS FOLLOWS: SECTION I. Chapter 6.75 of the Marin County Code is hereby added to read as follows: CHAPTER 6.75 PROHIBITION OF LOUD OR UNRULY GATHERINGS WHERE ALCOHOL IS SERVED TO, CONSUMED BY, OR IN THE POSSESSION OF UNDERAGE PERSONS AND IMPOSITION OF CIVIL FINES FOR VIOLATION AND IMPOSITION OF CIVIL FEES FOR THE RECOVERY OF COSTS FOR PUBLIC SAFETY RESPONSES TO SUCH GATHERINGS Sections: 6.75.010 Legislative Purpose 6.75.020 Legislative Findings 6.75.030 Title 6.75.040 Definitions 6.75.050 Prohibition of Loud or Unruly Gatherings Where Alcohol Is Served to, Consumed by or in the Possession of Underage Persons 6.75.050(a) Violations/Civil Fines 6.75.050(b) Imposition of Civil Cost Recovery Fee for Public Safety Responses 6.75.055 Hearings on the Imposition of Civil Fine and/or Imposition of Civil Cost Recovery Fee for Public Safety Response; Appeals 6.75.060 Civil Fine and Civil Cost Recovery Fee for Public Safety Responses - Debt to County; Enforcement 6.75.070 Severability and Preemption 6.75.080 Effective Date Ordinance No. 3462 Page 1 of 10 6.75.010 Leqislative Purpose The purposes of this Ordinance are: (a) to protect the public health, safety and general welfare; (b) to promote the reduction of underage drinking by imposing a Civil Fine on persons responsible for loud or unruly gatherings where alcohol is consumed by, served to or in the possession of underage persons; (c) to facilitate the enforcement of laws prohibiting the service to, consumption of or possession of alcoholic beverages by underage persons; and (d) to offset the municipal costs associated with providing fire, police, and other emergency services to loud or unruly gatherings, by imposing a civil fee upon social hosts and/or landowners who knowingly allow such loud or unruly gatherings to occur on their premises, at their residences, or at rented facilities where alcoholic beverages are served to, consumed by, or in the possession of underage persons, 6.75.020 Leclislative Findinlls The Board of Supervisors finds as follows: (a) The County of Marin, pursuant to the police powers delegated to it by the California Constitution, has the authority to enact laws which promote the public health, safety and general welfare of its residents; (b) The occurrence of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is harmful to the underage persons themselves and is a threat to the public health, safety, or quiet enjoyment of residential property and the general welfare; (c) The County of Marin has made numerous and substantial efforts to enforce underage drinking laws; yet, despite these efforts, alcohol use by youth remains a serious problem in the County, contributing significantly to the incidence of adolescent crime, addiction, sexual assault, truancy, driving under the influence of alcohol, and motor vehicle crashes involving alcohol and causing injury and/or death; Ordinance No. 3462 Page 2 of 10 -~- (d) Underage persons often obtain alcoholic beverages at gatherings held at private residences or at rented residential and commercial premises that are under the control of a person who knows or should know of the service to, possession by, and/or consumption of alcohol by underage persons. Persons responsible for the occurrence of loud or unruly gatherings on private property over which they have possession or control have failed to ensure that alcoholic beverages are not served to, consumed by or possessed by underage persons at these gatherings; (e) Residents have failed to prevent the occurrence or reoccurrence of loud or unruly gatherings, including those where alcoholic beverages are served to, consumed by or possessed by underage persons, on private property, which seriously disrupts neighboring residents' quiet enjoyment of their property; (f) Control of loud or unruly gatherings on private property where alcoholic beverages are served to, consumed by or in the possession of underage persons is necessary when such activity is determined to be a threat to the peace, health, safety, or general welfare of the public; (g) Persons held responsible for abetting or allowing loud or unruly gatherings where alcohol is served to, consumed by or in the possession of underage persons will be more likely to properly supervise or to stop such conduct at gatherings held on property in their possession or under their control; (h) In the past and present, law enforcement, fire and other emergency response services personnel have responded and are required to respond, sometimes on multiple occasions, to loud or unruly gatherings on private property at which alcoholic beverages are served to, consumed by or in the possession of underage persons, and responses to such gatherings result in a disproportionate expenditure of public safety resources of Marin County, which are underwritten by general municipal taxes paid to the County by its taxpayers and residents, and also result in a delay of Sheriff responses to regular and emergency calls to the rest of the County; (i) Problems associated with loud or unruly gatherings at which alcoholic beverages are served to, consumed by or in the possession of underage persons are difficult to prevent or Ordinance No 3462 Page 3 of 10 deter unless the Marin County Sheriffs Office has the additional legal authority to issue a civil citation for a civil fine and/or a civil citation for the cost of public safety response; 0) The intent of this Ordinance is to protect the public health, safety, quiet enjoyment of residential property, and general welfare, rather than to punish. Persons who actively or passively aid, abet, or allow loud or unruly gatherings shall be held liable for the nuisances created by such gatherings, the Civil Fine(s) for such violations and the costs associated with responding to such gatherings: (k) Section 25658 of the State of California Business and Professions Code makes it unlawful for a person under the age of twenty-one (21) years to purchase or attempt to purchase, or consume alcoholic beverages and makes it unlawful for any person to sell any alcoholic beverage to any person under the age of twenty-one (21) years; (I) According to local, state and federal surveys, alcohol is overwhelmingly and consistently the most widely used drug at all adolescent age levels. A child who begins alcohol use prior to age fifteen (15) is four times as likely to experience alcohol dependence than one who refrains from alcohol use until age twenty (20) or 0lder;1 (m) This County of Marin Board of Supervisors therefore determines that this Ordinance is a reasonable and necessary means to protect and promote the health, safety, and general welfare of the youth and other residents of the County of Marin. 6.75.030 Title This Ordinance shall be known as the "Social Host Accountability Ordinance." 6.75.040 Definitions For the purpose of this chapter, the following definitions shall apply: t Grant, B. F and D A Dawson Age at onset of alcohol use and its association with DSM-IV alcohol abuse and dependence: Results from the National Longitudinal Alcohol Epidemiologic Survey Joumal of Substance Abuse 9: 1 03- 110, 1997 Ordinance No 3462 Page 4 of \0 -- (a) "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced, (b) "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed, or combined with other substances. (c) "Juvenile" means any person less than eighteen (18) years of age (d) "Loud or unruly gathering" means a party or gathering of two or more persons at a residence or on other private property or rented public property upon which loud or unruly conduct occurs, Such loud or unruly conduct constitutes a public nuisance and includes but is not limited to: (1) excessive noise; (2) excessive traffic; (3) obstruction of public streets and/or the presence of unruly crowds that have spilled into public streets; (4) public drunkenness or unlawful public consumption of alcohol or alcoholic beverages; (5) assaults, batteries, fights, domestic violence or other disturbances of the peace; (6) vandalism; (7) litter; or (8) any other conduct which constitutes a threat to the public health, safety, or quiet enjoyment of residential property or the general welfare. (e) "Minor" means any person less than twenty-one (21) years of age. (f) "Person responsible for the event" means and includes, but is not limited to: (1) the person who owns, rents, leases or otherwise has control of the premises where the gathering occurs; and/or (2) the person in charge of the premises; and/or (3) the person who organized the event. If the person responsible for the event is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the Civil Fine and/or for the costs incurred for public safety services pursuant to this chapter. Ordinance No 3462 Page 5 of 10 (g) "Public Safety Services" and/or "Response Costs" means the costs associated with responses by law enforcement, fire and other emergency response providers to loud or unruly gatherings, including but not limited to: (1) the portion of the cost of salaries and benefits of law enforcement, fire or other emergency response personnel for the amount of time spent responding to, remaining at, or otherwise dealing with the loud or unruly gathering(s), and the administrative costs attributable to such response(s); (2) the cost of any medical treatment to or for any law enforcement, fire or other emergency response personnel injured responding to, remaining at or leaving the scene of a loud or unruly gathering; and (3) the cost of the use of any County equipment or property, and the cost of repairing any County equipment or property damaged, in responding to, remaining at or leaving the scene of a loud or unruly gathering. (h) "Underage person" means any person less than twenty-one (21) years of age and shall have the same meaning as "minor," defined in subsection (e) above. 6.75.050 Prohibition of Loud or Unrulv GatherinQs Where Alcohol Is Served to. Consumed bv or in the Possession of UnderaQe Persons Except as permitted by Article 1, Section 4, of the California Constitution, no person shall knowingly suffer, permit or host a gathering at his or her place of residence or other private property, place or premises or host a gathering at a public place under his or her control where two or more persons under the age of 21 are present, where the gathering is loud or unruly and alcoholic beverages are in the possession of, being consumed by, or served to any underage person. (a) Violation(s)/Civil Fine(s) It shall be a civil violation for a person to knowingly conduct or allow a loud or unruly gathering where alcohol is served to, consumed by or in the possession of an underage person or persons on premises owned by the person responsible for the event, on premises rented by or to the person responsible for Ordinance No 3462 Page 6 of 10 .~ -~ the event, on premises where the person responsible for the event resides or on premises where the person responsible for the event is in control of such premises during the loud or unruiy gathering. The Sheriff, at his or her discretion, may immediately issue a citation for this civil violation upon evidence of the violation. There is no requirement of a first warning in order for the Sheriff to issue this civil citation (1) Civil Fine: A first violation of this Section shall result in a citation with a $750.00 fine A second violation shall result in a citation with a $1,500.00 fine. A third or subsequent violation shall result in a citation with a $2,500.00 fine. (2) The Sheriff shall give notice of a violation of this Section by issuing a citation to any and all responsible persons identified by the Sheriff within 30 days of the violation The citation shall also give notice of the right to request an administrative hearing to challenge the validity of the citation and the time for requesting that hearing [see Section 6.75.055]. (3) The Civil Fine prescribed in subsection (1) is in addition to any Civil Cost Recovery Fee for public safety responses that may be assessed pursuant to subsection (b) of this section, (4) In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile wili be jointly and severally liable for the civil violation. (b) Imposition of Civil Cost Recovery Fee for Public Safety Responses In addition to any Civil Fine imposed for violation of this section, when any loud or unruly gathering where alcohol is served to, consumed by or in the possession of underage person(s) occurs on private property and a public safety officer at the scene determines that there is a threat to the public peace, health, safety or general welfare, the public safety officer shall give to the person(s) responsible for the event warning that a second or follow up violation of this Section on the same date or on any later date will result in his/her/their liability for the cost of providing public safety services (I.e., fire, Ordinance No. 3462 Page 7 of 10 ambulance, sheriff, and other emergency providers). The requirement of a first warning does not limit the ability of public safety personnel to issue a civil citation for the imposition of civil penalties for cost recovery on the same day that the warning is given if the warning does not end the loud or unruly gathering The cost recovery for public safety responses shall be separate and distinct from a citation and fine for a civil violation described in subsection (a) of this section. (1) The amount of cost recovery under this subsection shall be calculated pursuant to 6.75.040(g) of this Chapter. (2) In the event that the responsible person who is in violation of this section is a juvenile, then the juvenile and the parents or guardians of that juvenile will be jointly and severally liable for the imposition of civil penalties for the cost of providing public safety services. (3) Civil Cost Recovery Fee(s) will not be imposed in those situations where those present at the gathering call for emergency services for an actual emergency at the premises. 6.75.055 Hearinas on the Imposition of Civil Fine and/or Imposition of Civil Cost Recoverv Fee for Public Safety Response: Appeals (a) Administrative Hearing Any person subject to a Civil Fine pursuant to Section 6.75.050(a) or subject to a Civil Cost Recovery Fee for public safety responses pursuant to Section 6.75.050(b) shall have the right to request an administrative hearing within 45 days of the issuance of a citation for a civil violation of this Ordinance [Section 675.050(a)] and/or the issuance of a citation for the imposition of Civil Cost Recovery Fees for a public safety response as specified in this Ordinance [Section 6.75.050(b)] pursuant to the authority granted to the Board of Supervisors by Government Code Section 25845, subdivision (i). To request such a hearing, the person requesting the hearing shall notify the Marin County Administrator's Office in writing within 45 days of the issuance of the citation, Ordinance No. 3462 Page 8 of 10 --.- The Marin County Administrator's Office shall refer any request for a hearing under Section 6.75.050(a) and/or Section 67S.DSO(b) to an Administrative Law .Judge. The Administrative Law .Judge shall conduct a hearing on the matter within 90 days of the request for the hearing unless one of the parties requests a continuance for good cause. The Administrative Law Judge shall render a decision within 30 days of the conclusion of the hearing. Either party may appeal the decision of the Administrative Law Judge pursuant to the requirements set forth below in subsection (b). (b) Appeal from Decision of Administrative Law Judge The person upon whom a Civil Fine is imposed pursuant to Section 6.7S.050(a) and/or upon whom a Civil Cost Recovery Fee is imposed pursuant to Section 6.75 SO (b) may appeal the decision of the Administrative Law Judge. The County may also appeal the decision of the Administrative Law Judge. No appeal can lie unless the party filing the appeal has first properly requested and obtained a hearing under Section 6.75.05S(a). The Appeal must be filed within 20 days after service of the final decision issued by the Administrative Law Judge pursuant to California Government Code Section 53069.4, subdivision (b). The procedures outlined in Government Code 53069.4 shall apply. 6,75.060 Civil Fine and Civil Cost Recovery Fee for Public Safety Responses - Debt to County: Enforcement The amount of a Civil Fine and/or Civil Cost Recovery Fee for Public Safety Responses shall be deemed a debt owed to the County by the person found in violation of Section 6.7S.0S0 and therefore liable for a fine under Section 6 75.0S0(a) and/or fees under Section 6.75.050(b), and, if that person is a juvenile, then also his/her parents or guardians. Any person owin9 such fine and/or fees shall be liable in an action brought in the name of the County for recovery of such fine and/or fees. These recovery costs may include reasonable attorney fees incurred in the action if the County prevails, as the County reserves the right to seek to recover reasonable attorney fees, on a case by case basis, pursuant to California Government Code Section 25845, subdivision (c). In those cases in which the County seeks to recover reasonable attorney fees, the other party may likewise do so. Ordinance No . 3462 Page 9 of 10 6.75.070 Severability and Preemption If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect any other provision or application, and to this end the provisions of this section are severable. The civil fines and fees imposed by this Ordinance do not preclude other potential civil actions or criminal prosecution under any other provision of law, including but not limited to Penal Code Section 272 and Business and Professions Code Sections 25658, 256582 and 25662. 6.75.080 Effective Date This ordinance shall be and is hereby declared to be in full force and effect as of thirty (30) days from and after the date of its passage and shall be published once before the expiration of fifteen (15) days after its passage, with the names of the supervisors voting for and against the same, in the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation published in the County of Marin. PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin, held on the 17th day of October, 2006, by the following vote: AYES: SUPERVISORS Charles McGlashan, Harold C. Brown, Jr., Steve Kinsey, Cynthia L. Murray, Susan L Adams NOES: NONE ABSENT: NONE PRESIDEN~B~jlJ~m:!fRVISORS ATTEST ~ Ordinance No. 3462 Page 10 of 10 - SOCIAL HOST ACCOUNTABILITY ORDINANCE FACT SHEET Marin County Needs A Social Host Accountability Ordinance. A Social Host Accountability Ordinance holds accountable the host of a gathering where alcohol is being served to, consumed by, or in the possession of minors. Specifically, ANYONE 18 years of age or older who hosts such a go.thering will be subject to the ordinance and a fine. If the host of such a gathering is 17 years old or younger, the parents of that minor will be held jointly responsible with their teen and subject to a fine, even if they were not present or aware of the gathering. Why have a Social Host Accountability Ordinance? Seventy-five percent of teens surveyed say they most often drink alcohol at parties and other social go.therings. Plus overall, Marin County has alarmingly high rates of underage and binge drinking - rates that surpass state and national averages. A social host ordinance solidifies and enforces the message that allowing underage drinking will not be tolerated in Marin County-that individuals who host gatherings where alcohol is served to or in the possession of minors will be held accountable. The ordinance also deters hosts from creating dangerous and illegal situations involving minors and to cut down on the nuisance such gatherings inflict on the community, like loud parties. In adtUtion, aSocial Host Ordinance: ./ Empowers parents, frustrated neighbors and concerned citizens to seek help from law enforcement when there are youth suspected of underage drinking, unruly or loud parties or other potentially dangerous or illegal situations involving minors; ./ Provides law enforcement with a formal course of action to combat underage drinking; and ./ Recoups some of the expense of providing police and! or other public services in response to underage drinking gatherings. How does a Social Host Accountability Ordinance Work? Enforcement of the ordinance begins when a complaint is received by law enforcement of a potentially unruly go.thering. Once officers determine: 1) the party is loud or unruly 2) underage people are consuming, possessing or being served alcohol, and 3) who is hosting the event, they are able to apply the ordinance and issue the citation. The ordinance will not result in civil fines or citations when a true emergency occurs at a gathering and emergency responders are called to deal with that situation. SOCIAL HOST ACCOUNTABILITY ORDINANCE Q&A 1. What exactly is a Social Host Accountability Otdinance? A new law that holds accountable the host of a gathering where alcohol is being served to consumed by, or in the possession of minors. Specifically, ANYONE 18 years of age or older who hosts such a gathering will be subject to the ordinance and a fine. If the host of such a gathering is 17 years old or younger, the parents of that minor will be held jointly responsible and subject to a fine, even if they were not present or aware of the gathering. 2. Why should parents who were out-of-town be held responsible? In most case, until your child turns 18 you are responsible for his actions, including your child's involvement in underage drinking. For example, if a 15 year old vandalizes private property, his parents will likely be responsible for paying the damage. If a 17 year old causes an auto crash, both the driver and his parents will face auto insurance increases. 3. Exactly how much are the fines? $750 for the first offense; $1,500 for the second offense. $2,500 for the third offense. In addition, Civil Cost Recovery Fees may be imposed, which may include the cost of providing public safety services such as sheriff, fire, ambulance and other emergency services. 4. Will teens at parties fear calling 911 in an emergency situation because of the high fines? The ordinance will not result in civil fines or citations when a true emergency occurs at a gathering and emergency responders are called to deal with that situation. 5. Why are the fines so high? The fines reinforce the message that contributing to underage drinking has serious consequences. They aim to prevent and deter the hosting of parties while the Civil Cost Recovery Fees help to offset municipal costs associated with providing fire, police, and other emergency services to gatherings where juveniles are drinking, instead of offloading the financial burden onto Marin residents. 6. Why have a Social Host Accountability Ordinance? Seventy-five percent of teens surveyed say they most often drink alcohol at parties and other social gathering. Plus overall, Marin County has alarmingly high rates of underage and binge drinking - rates that surpass state and national averages. A social host ordinance solidifies and enforces the message that allowing underage drinking will not be tolerated in Marin County-that individuals who host gatherings where alcohol is served to or in the possession of minors will be held accountable. The ordinance also deters hosts from creating dangerous and illegal situations involving minors and to cut down on the nuisance such gatherings inflict on the community, like loud parties. In addition_ a Soda/ Host Ordinance: . Empowers parents, frustrated neighbors and concerned citizens to seek help from law enforcement when there are youth suspected of underage drinking, unruly or loud parties or other potentially dangerous or illegal situations involving minors; . Provides law enforcement with a formal course of action to combat underage drinking; and . Recoups some of the expense of providing police andlor other public services in response to underage drinking gatherings. 7, How does a Social Host Accountability Ordinance Work? Enforcement of the ordinance begins when a complaint is received by law enforcement of a potentially unruly gathering. Once officers determine: 1) the party is loud or unruly 2) underage people are consuming, possessing or being served alcohol, and 3) who is hosting the event, they are able to apply the ordinance and issue the citation. 8. Will this ordinance prompt overzealous neighbors to call law enforcement without probable cause? All calls to law enforcement are handled with care and attention. It is up to local law enforcement to ascertain the legitimacy of every call and to assess the claims made by the caller. If there is an unruly gathering where alcohol is served to, in the possession of, or consumed by underage persons, the ordinance will be enforced. It should be noted that citizens will not have their civil liberties infringed upon by a social host ordinance as such an ordinance does not extend police powers aside from allowing law enforcement to fine and to issue a civil citation to social hosts. 9, Why is Marin County trying to tell parents what to do with their own kids? This ordinance is not intended to address familial gatherings, such as family dinners, religious observances or other intimate events, The concern under this ordinance is about holding accountable hosts who allow unruly gatherings where underage youth obtain and consume alcohol. 10, Isn't providing alcohol to minors already against the law? How does this ordinance differ from existing laws? Selling, serving or facilitating alcohol to minors is already against the law. This ordinance however, addresses a different issue - that of HOSTING a party on private property such as a home or private land or other buildings. It means that anyone who "allows" minors to drink will be cited under the ordinance. The ordinance does not prohibit or prevent law enforcement from addressing other violations of law that occur as part of an unruly gathering such as physical or sexual assault, vandalism, drug possession or any other action currently illegal under California law. 11. Do we really need a new law,? Don't we already have laws that do the same thing? California does not currently have a law that pertains specifically to hosts of gatherings where alcohol is served to, consumed by, or in the possession of minors. The Social Host Accountability Ordinance will fill a gap in California's underage drinking laws by holding accountable anyone who hosts gatherings where alcohol is being consumed by minors on private property. 12. Will this law add more bureaucracy in Marin County? No, the Social Host Accountability Ordinance is a civil infraction and therefore will not be referred to the Criminal Justice System or the Courts. I , Social Host Accountability Ordinance Talking Points Pro-Ordinance Points ,/ Marin County NEEDS a Social Host Accountability Ordinance. Our rates of underage and binge drinking are alarmingly high, exceeding state and national averages. ,/ The Ordinance just makes sense. Young people tell us that these parties are taking place every single weekend. We're not doing our job if we don't adopt this Ordinance. ./' This Ordinance will save lives. It will deter anvone. adults and vouth alike. from hosting gatherings where underage drinking is condoned. More importantly, it will prevent many of the tragic consequences of underage drinking, including sexual assaults, drinking and driving and violence. ./' The Ordinance hits home the message that underage drinking is not tolerated in Marin County. ./' This Ordinance simply makes sense for our community. It targets and penetrates one of the main sources of Marin County's underage drinking - that of parties and social gatherings. ,/ We have to do everything in our power to decrease, and eventually eliminate, underage drinking in our county. The Social Host Accountability Ordinance will be a powerful tool in that fight. General Ordinance Points ./' The majority of parents in our County are doing the right thing - having the difficult conversations with their children about alcohol and trying to keep their own kids safe. This Ordinance is about supporting those parents and the choices they make regarding their children. ,/ The ordinance helps to ensure that when parents are away from home, youth do not host parties where alcohol is consumed, endangering their lives and the lives of their friends. ,/ The Social Host Accountability Ordinance holds accountable anyone who hosts a gathering where alcohol is consumed by, in the ppssession of, and served to young people. ,/ This Ordinance provides law enforcement with a much-needed formal course of action to combat parties where teens are drinking. Messages for Parents ,/ It's time we hold accountable people who condone and contribute to underage drinking. I'm a parent and it's never OK for anyone to provide alcohol to my child or to put them in an environment where underage drinking is acceptable, ,/ We know that there are repeat offenders in our community - adults who often allow and host parties with alcohol for teens. Their actions impact the majority of our young people and it's time to hold them accountable. ,/ We know that there are adults in Marin who want to be the "cool" parents, so they host teen parties or serve alcohol under the misguided notion that it's somehow safer to host parties with alcohol in their home. These parents are in the minority, yet impact the majority of our young people. It's time to hold them accountable. ,/ California does not currently have a law that pertains specifically to hosts of gatherings where alcohol is served to, consumed by, or in the possession of minors. The Social Host Accountability Ordinance will fill that gap in Califomia's underage drinking laws and help to keep our kids safer. Ordinance Details ,/ The Social Host Accountability Ordinance is about holding accountable ANYONE who hosts a gathering where alcohol is consumed by, served to, or in the possession of minors, <1/'" If a young person consumes alcohol, is served alcohol, or is in the possession of alcohol at an unruly gathering, the host will be held accountable. ,/ One of the main reasons this Ordinance is so important to Marin County is because we know there are teens in this community are going to parties and drinking alcohol - and a lot of it, ,/ If the host is under the age of 18, his or her parents will be held jointly responsible. ,/ ANYONE 18 years of age or older who hosts a gathering where young people consume, possess or are served alcohol will be subject to the ordinance and a fine. <1/'" If the host of such a gathering is 17 years old or younger, the parents of that minor will be held jointly responsible and subject to a fme, even if they were not present or aware of the' gathering. ,/ Even if parents are not home during a gathering where young;people other than their own consume, possess or are served alcohol, they will be held jointly responsible. This should not be a surprise. In most cases, until children tum 18, parents are responsible for their actions, Ordinance Fines & Exceptions ./' Citation fines are: $750 for the first offense, $1,500 for the second offense, and $2,500 for the third offense. In addition, Civil Cost Recovery Fees may be imposed on repeat offenders to offset the costs of providing public safety services such as sheriff, fire, ambulance and other emergency services. ./' The fines are a small price to pay to save lives. More importantly, the fines reinforce the message that contributing to underage drinking has serious consequences. ./' The fines aim to prevent and deter the hosting of parties while the Civil Cost Recovery Fees help to offset municipal costs associated with providing fire, police, and other emergency services to gatherings where juveniles are drinking, instead of offloading the [mandal burden onto Marin residents. ./' The ordinance will not result in civil fines or citations when a life-threatening emergency occurs at a gathering and emergency responders are called to deal with that situation. if This ordinance is not intended to address familial gatherings, such as family dinners, religious observances or other intimate events. The concern under this ordinance is about holding accountable hosts who allow underage youth to obtain and to consume alcohol at unruly gatherings. ALCOHOL FACTS Adult Accountability Responsibility for underage drinking is not limited to America's youth. Adults who provide alcohol to youth playa large part in the problem, Effective solutions include a community-based approach which holds adults accountable for their actions, Problem: Many adults condone underage Solution: Communities can provide deter- drinking, making it easy for minors to obtain rents and change norms by enacting policies alcohol through social connections such as that hold adults accountable for their role in parents, older siblings, friends, and friends' underage drinking. parents, - Sociol host lows impose penalties on adults who - One in four parents think that teens should be provide olcohol to 0 person under the age of 21 or allowed to drink at home with their parents present. 1 ollow for the odult to be held liable for any injuries and damoges thot occur os a result of underage - Nineteen percent of odults and 16 percent of par- d . k' 8 nn mg. ents with children oged 12-20 agree that underage - Ohio's "Parents Who Host, Lose The Most" com- drinking is 0 rite of passage.2 poign to increose awareness of social host laws - Adults are the most common source of alcohol for resulted in 0 26 percent decrease in the number of 13-1 8 year 01ds.3 youth who say they had attended a party in the prior two months where alcohol wos served to youth.9 - Sixty-five percent of teens say it is eosy to obtain - Shoulder topping can be effectively combated and alcohol from adult relatives or siblings.4 reduced through enforcement progroms using under- - One in three teens report obtoining alcohol from age decoysW their own parents knowingly, and 40 percent have - Keg registration stotutes require thot kegs of beer been served alcohol by 0 friend's porent.5 be formally registered and togged at purchase so - Forty-six percent of youth who attempt to purchose that law enforcement officers who confiscate the beer alcohol employ the "shoulder tap" methcid by Ioiter- from underage drinkers con track the keg back to the .. I b 11 ing outside of a store and soliciting adults to pur- ongma uyer. chase alcohol for them.6 - These policies that hold adults accountable enjoy - In Marin County, California, 40 percent of youth strong public support: 71 percent of adults favor reported that most often, community members pur- beer keg registration and 72 percent support penol- chase alcohol for young people? ties on parents who provide alcohol to minors.12 Q --4www.Marlnll15titute.or, ....15-...56-5692 ~ ~ 1. American Medical Association. "Teenage Drinking: Key Findings." (2005). 2. Ibid. 3. Ibid. 4. Ibid. 5. Ibid. 6. Gould-Lopez, M. (2001) "California Beverage Merchonts." Colifornio Beverage News 65(2). 9. 7. Youth Leodership Institute. "Findings on Youth Access to Alcohol, Tobacco, and Other Drugs in Morin County," (2003) www.yILorg/prevention/files/YHACSurveyResults.pdf 8. The Morin Institute. "Policies to Combat Underoge Drinking Parties." www.Marinlnstitute.org/olco- hoLpol icy / socialhosUeenparties. htm 9. Ohio Parents for Drug Free Youth. Parents Who Host, Lose The Most. (2005). 10.California Deportment of Alcoholic Beveroge Control. Shoulder Top Progrom. (2003) www.abc.ca.gov/programs/Shouldeuop.html 1 1.Powell, Amy and Mark Willingham. (2004) "Strategies for Reducing Third-Party Transactions of Alcohol to Underoge Youth." Pocific Institute for Research and Evaluation. 12.Richter, Linda, Roger Voughon and Susan Foster. (2004) "Public Attitudes About Underage Drinking Policies: Results from 0 National Survey," Journal of Public Health Policy 25(1). 58-77. DIGESTc. MARIN GENERAL SERVICES AUTHORITY 27 Commercial Blvd., Suite C, Novato, CA 94949 Phone: (415) 883-9100 FAX: (415) 883-9155 MEETING NOTICE DATE: November 1,2006 RECEIVED TIME: 10:00 a.m. to 12:00 noon OCT 3 0 2006 TOWN MANAGERS OFFICE PLACE: Corte Madera Town Hall- Council Chambers TOWN OF TlBURON (300 Tamalpais Drive at Willow Avenue) AGENDA A. Adopt minutes of September 14, 2006 meeting. B. Executive Officer's Report. C. Closes Session - Personnel Session - Agreement for Executive Officer services. D. Closes Session - Litigation - One Case - PG&E Power Costs. E. Approval of agreement for Executive Officer services. F. Open time for items not on agenda. G. Adjournment. NEXT SCHEDULED MEETING: Januarv 11. 2007 cc: Clerk to the Board of Supervisors for posting Deborah Creech CitylTown.Managers/County Administrator Novato City Clerk (w/minutes) General Counsel Mary Wagner Mtg Notice-Agenda II-OI-06.doc fA. DIGEST MARIN COUNTY PARKS AND OPEN SPACE COMMISSION SPECIAL MEETING At Stafford lake Park, Area #2, 3549 Novato Boulevard, Novato 94947 Friday, November 3, 2006 12:30 p.m. to 1 :00 p.m. RECEIVED AGENDA OCT 3 0 2006 TOWN MANAGERS OFFICE iOWN OF TiBURON 1. CALL TO ORDER 2. PUBLIC COMMENT Open time for public expression, up to three minutes per speaker, on items not on the Parks and Open Space Commission Agenda. Items will be heard by the Commission without return comment. Testimony regarding matters not on the agenda will nol be considered part of the administrative record. 2. 2006 -2007 CHECK COMMISSION WORKPLAN REVIEW (Action Item) 3. 2007-2008 BUDGET AND WORKPLAN DEVELOPMENT SCHEDULE 4. ADJOURN ~fI ". ~ JI ..... .... ..... In accordance with the Americans with Disabilities Act, if you need special assistance (i.e. auxiliary aids or services) in order to participate in this public meeting, please contact the Senior Secretary of the Department of Parks and Open S ace b caUin 415 499-6387 voice or 415 499-6172 TTY at least five business da s rior to the meetin . The agenda is available on the Internet at: htto:/Iwww.co.marin.ca.us/deoartments/oarksandooensoace/marincountvoarksandooensoacecommission PARKS AND OPEN SPACE COMMISSION AGENDA FOR NOVEMBER, 2006 MEETING J. ..' /~ :%: -~ RECEIVED IJ.. CIG NOV - 3 2006 AGENDA FOR ~8~ TOWN MANAGERS OFFICE MARIN COUNTY BOARD OF SUPERVISORS TOWNOFTIBURON MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, November 7, 2006 Board of Supervisors Chambers, Room 330, Civic Center 9:30 a.m. Convene as the Marin County Housina Authority Board of Commissioners 1a. Approval of minutes of the meeting of October 24, 2006. 1b. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1c. Board of Commissioners' matters. 1d. Executive Director's Report. 1e. Status report on disaster preparation for Marin Housing properties. Recommended action: Accept report. 1f. Request to adopt resolution commending the Marin Evening Rotary Club for their annual support of Marin Housing residents Recommended action: Approve. Adiourn as the Marin County Housing Authority Board of Commissioners 10:00 a.m. Convene as the Board of Supervisors 2. Approval of minutes of the meetings of October 17 and 24, 2006. 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. [OJ U ,... ~ ~ ..... .... .~ 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 httD:llwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at htto:/Iwww,co.marin.ca.us/deots/BS/Archive/Meetinas.cfin A copy of the agenda will be faxed upon request by dialing (415)499-6060 and entering "181" after the brief introductory message. t', ...."J... 6. Consent Calendar A (Items CA-1 through CA-8) ("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 (Items CB-1 through CB-2) ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) 8. Supervisors Adams requesting resolution commending Dr. Lois Moore for her service to the people of Marin County. 9. Supervisor Adams requesting resolution proclaiming November 2006 as "National Runaway Prevention Month." 10. Supervisor Adams requesting resolution recognizing Bill and Elaine Petrocelli, acknowledging the 30th anniversary of Book Passage. 11. Supervisor Murray requesting resolution proclaiming November 2006 as "Family Caregiver Month." 12. Request from the Director of County Library Services to take the following actions related to the development of a Library Facilities Master Plan: (a) Authorize President to execute agreement with Group 4, in the amount of $297,685. for architectural and planning services; (b) Authorize President to execute agreement with Page + Moris, in the amount of $67,472, for consulting services; and (c) Approve related budget adjustments as detailed in staff reports dated November 7,2006. (Four affirmative votes required.) Recommended action: Approve. 10:30 a.m. 13. Hearing: Ordinance adopting a second unit amnesty program for a one-year period. Recommended actions: Conduct hearing and consider adopting ordinance. 14. Request from the Community Development Agency to allow Citizens Housing Corporation to extend the terms of their acquisition loan for the Fireside Affordable Housing Project. Recommended actions: (a) Approve subordination of the HOME, Community Development Block Grant ("CDBGn), Housing Enabled by Local Partnerships ("HELP") and Housing Trust funds, to the Low Income Investment Fund ("L1IFn), in the amount of $2,200,000, for the development of Fireside Housing; (b) authorize President to execute subordination agreement and, subject to County Counsel approval, to execute other subordination agreement and related documents required by other sources offinancing for this project. Marin County BOS Agenda 2 11/07/2006 -- ~- 15. Request from the County Administrator to adopt a resolution continuing the local emergency declarations for the County of Marin, related to recent severe storm damage, in conformance with Government Code Section 8630. Recommended action: Adopt resolution. 16. Request from the Public Works Director to adopt an interim policy and criteria for the use of "Radar Speed Driver Feedback" electronic signs on County streets. Recommended actions: Adopt interim policy and authorize the pilot program. 17. Request from the Department of Health and Human Services, Division of Alcohol, Drug and Tobacco Programs to authorize President to approve FY 2006-07 contract agreements, totaling $5,163,608, for the provision of alcohol and other drug prevention and treatment services, as detailed in staff report dated November 7, 2006. Recommended action: Approve. 18. Request to approve, effective November 5, 2006, personnel adjustments to the Public Guardian Office and Adult Mental Health Services in the Department of Health and Human Services, Division of Community Mental Health Services, to improve services to mentally ill, underserved clients. Recommended actions: Approve personnel adjustments and budget actions as detailed in staff report dated November 7, 2006. (Four affirmative votes required.) 19. Request to approve, effective November 5, 2006, personnel adjustments in the Department of Health and Human Services, Division of Public Health related to the California Nutrition Network ("CNN") Program and the improvement of outreach and education to the low income Latino population. Recommended actions: Approve personnel adjustments and budget actions as detailed in staff report dated November 7, 2006. (Four affirmative votes required.) 20. Request to approve, effective November 19, 2006, personnel adjustments in the Department of Health and Human Services, Division of Social Services, to improve ability to provide culturally appropriate and customer service based services to the community. Recommended actions: Approve personnel adjustments and budget actions as detailed in staff report dated November 7, 2006. (Four affirmative votes required.) Marin County BOS Agenda 3 11/07/2006 21. Appointments: a. Child Care Commission Seven vacancies appointed by the Board of Supervisors and six vacancies appointed by the Marin County Superintendent of Schools due to resignations or term expirations. The recommendations of the Executive Committee regarding the Board of Supervisors' appointments are included in their letter dated November 1, 2006, as follows: Board of Supervisors' Recommended Appointments Designati()n (appointed by the Board Applicants ofSupervisorsl .... 2 Consumer representatives Elizabeth Winston, Pagan Neil 2 Provider representatives Elsa Espinoza (i), Mark Olson (i) 1 Public Agency representative Paula Robertson 1 Community representative Darcy Hammons (i) 1 Discretionary representative Whitney Hoyt (Marin City) *(i) = incumbent Recommended actions: Make seven (7) appointments as recommended by the Executive Committee. The recommendations of the County Superintendent of Schools are included in her letter dated October 24, 2006, as follows: Marin County Office of Education Recommended Appointments De~ignation(appointed by the Applicants Countv~Superintendent of Schools) ..... 2 Consumer representatives Peggy Dodge (i), Elizabeth Foster (i) 1 Provider representative Melinda Kanter-Levy (i) 2 Public Agency representatives Mary Donovan (i), Raquel Puente 1 Discretionary representative vacant *(i) = incumbent Recommended actions: Ratify five (5) appointments as recommended by the Marin County Superintendent of Schools and continue remaining appointment to November 21, 2006. b. Youth Commission One vacancy. An application has been received from Myesha M. ReVada. Recommended action: Make appointment. Recess as Board of Supervisors Marin County BOS Agenda 4 11/07/2006 ---..-- 11 :00 a.m. Convene as the Marin Countv Open Space District Board of Directors 22a. Approval of minutes of the meeting of October 10, 2006. 22b. Board of Directors' matters. 22c. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 22d. General Manager's report. 22e. Request to accept conservation easement protecting a wetland restoration site at the County airport, Gnoss Field, Novato. (APN 125-190-54) Recommended actions: Authorize President to execute (i) Certificate of Acceptance of Grant of Interest in Real Property from the County; and (ii) Conservation Easement from the County to the Marin County Open Space District 22f. Request to approve land exchange with Kimbel and Debra Stuart, to facilitate trail reconstruction on the French Ranch Open Space Preserve. Recommended actions: Authorize President to (i) adopt resolution authorizing execution of property exchange agreement; (ii) execute Certificate of Acceptance of Grant of Interest in Real Property to receive Quitclaim Deed from Kimbel and Debra Stuart; and (iii) execute Quitclaim Deed granting District property to Kimbel and Debra Stuart. 22g. Closed Session: Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). One potential case. Adiourn as the Marin County Open Space District Board of Directors Reconvene as Board of Supervisors (in Room 324 Al 23. Closed Session: Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of potential cases: Two (2). Reconvene in Open Session Announcement from Closed Session. ********************** Marin County BOS Agenda 5 11/07/2006 CONSENT CALENDAR A (Items CA-1 throuah CA-8) ("Consent Calendar A" reflects those agenda items that have prior policy appro va! from the Board and do not exceed $500,000 in cost.) CA-1. Auditor-Controller: Authorize President to execute Third Addendum to the agreement with BAT Associates, Inc. (An Bui), increasing the contract amount by $80,000 for a maximum contract amount not to exceed $270,000, to complete implementation of the Marin Enterprise Resource Integration Technology ("MERIT") project, Phase II process design. CA-2. Communitv Develooment Aaencv: Request to adopt Resolution No. 2006-_ authorizing the submission of an application to the California Integrated Waste Management Board ("CIWMB") for the FY 2006-07 Tire-Derived Product ("TDP") grant program, which would partially fund material costs and shipping for the construction of the septic system seNing the proposed Point Reyes Station public restroom facility project. CA-3. Countv Administrator: a. Authorize President to execute FY 2006-07 agreement with the City of Novato, in the amount of $50,000, for study and design of an alternative road associated with the Hamilton Wetlands Restoration Project. b. Authorize President to execute agreement with the Town of Fairfax, in the amount of $50,000, to support costs associated with the Fairfax Downtown Renovations project. c. Authorize President to execute agreement with Bolinas Firehouse and Clinic, in the amount of $100,000, to provide partial funding for site development costs for construction of a new firehouse and clinic in Bolinas. CA-4. Health and Human Services: NOTE: Agreements in items CA-4a through CA-4e are renewals of existing agreements that were included in and funded in the FY 2006-07 budget. a. Authorize President to execute FY 2006-07 agreement with Marin Abused Women's SeNices ("MAWS"), in the amount of $75,563, to provide emergency shelter for battered women and their children. b. Authorize President to execute FY 2006-07 agreement with Bay Area Community Resources ("BACR"), in the amount of $126,048, to seNe as fiscal sponsor for the MarinCARES program. c. Authorize President to execute FY 2006-07 agreement with the California Institute for Mental Health ("CIMH"), in an amount not to exceed $200,000, for the development of a comprehensive statewide plan, working with the California Mental Health Council, for staff development. d. Authorize President to execute agreement with Brian Waterbury, in the amount of $25,500, to provide coordination and management seNices for the Marin Medical ReseNe Corps. e. Authorize President to execute FY 2006-07 agreement with Alternative Family Services, in the amount of $192,844, to provide seNices to prepare eligible foster youth for emancipation. Marin County BOS Agenda 6 11/07/2006 -~--- f, Authorize President to execute FY 2006-07 agreements, totaling $327,480, with the following community-based organizations for the provision of services to Marin's older residents: Northern California Presbyterian Homes and Services ("NCPHS"), in the amount of $33,214; Senior Access, in the amount of $31,500; Jewish Family and Children's Services, in the amount of $231,545; and West Marin Senior Services, in the amount of $31 ,221. g. Authorize President to execute agreement with Healthy Communities Foundation, in the amount of $80,000, for development and maintenance of a web-based portal to provide access to a community "dashboard", providing population level measures, news, community events, best practices and other information to enhance community health and wellness. CA-5. Human Resources: Authorize President to execute agreement with Liebert Cassidy Whitmore, in the amount of $156,000, for legal services related to contract negotiations, employee relations and related legal services. CA-6. Information Services and Technoloqv: Authorize President to execute agreement with the Marin Telecommunications Agency ("MTA"), resulting in reimbursement to the County up to $60,000, to provide Executive Director Services in support of the MT A mission. CA-7. Public Works: a. Authorize President to execute the following three agreements for the provision of engineering design services related to the 2007 Pavement Rehabilitation Program portion of the 5-Year Comprehensive Road and Bridge Maintenance and Rehabilitation Program: (i) Gannett Fleming, Inc., in the amount of $98,443; (ii) CSG Consultants, Inc., in the amount of $101,414; and (Hi) Coastland, in the amount of $96,794. b. Authorize President to execute First Amendment to the agreement with Kermani Consulting Group, increasing the amount by $120,000 for a total contract amount of $218,000, to manage the cost recovery effort from State and Federal agencies related to 2005-06 winter storm disasters. c. Authorize President to execute First Addendum to agreement with Miller Pacific Engineering Group, increasing the amount by $14,500 for a total contract amount of $35,000, to review, design and inspect the Paradise Beach Park Slope Stabilization Project. (Project No. PC-4052-11) d. Authorize President to execute agreement with Association of Bay Area Governments ("ABAG"), in the amount of $40,000, to complete Phase 2 of Riverine Consultant Stillwater Sciences' sediment analysis in the upper Lagunitas Creek watershed. e. Request to award contract to lowest responsive bidder, Mike Brown Electric Co., in the amount of $74,875 with a $15,000 contingency, for the College Avenue Signal Rehabilitation at Stadium Way Project. (Project No. ECR912) f. Request to approve sole source purchase of a Tiger Boom Mounted Flail Mower, in the amount of $111,500, and a Tiger Side Mounted Flail Mower, in the amount of $85,500, from Municipal Maintenance Equipment of Sacramento. Marin County BOS Agenda 7 11/07/2006 g. Authorize President to execute third amendment to lease with Piazza Trading & Company, Ltd. for lease of office space at 371 Bel Marin Keys Blvd., for the Information Services and Technology Department. CA-8. Treasurer: a. Monthly report of County, Schools, and District Investments as of September 30, 2006. b. Approve request for Discharge of Accountability pursuant to Sections 2923 et seq. of the Revenue and Taxation Code for the 2000-2001 Unsecured Property Taxes. c. Request to authorize excess proceeds payments from August 18, 2004, and August 17, 2005, tax sale pursuant to Revenue and Taxation Code Section 4676. CONSENT CALENDAR B (Items CB-1 throuah CB-21 (Four affirmative votes required.} ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Health and Human Services: a. Request to (i) approve transfer of $10,000 from the "Children's Health Initiative Fund", to the Health and Human Services Department to fund specialty dental care for children enrolled in CalKids; and (ii) approve related budget actions as detailed in staff report dated November 7, 2006. b. Request to approve, effective November 19, 2006; (i) personnel adjustments in the Department of Health and Human Services, Division of Public Health, to improve service delivery in the Women, Infants and Children's ("WIC'') Program; and (ii) related budget actions as detailed in staff report dated November 7,2006. c. Request to approve, effective November 5, 2006; (i) personnel adjustments in the Department of Health and Human Services, Division of Public Health, to provide critical continuity of care for Women's Health Services; and (ii) related budget actions as detailed in staff report dated November 7,2006. d. Request to approve the following actions related to conducting a general immunization program, identifying specific populations in need of immunizations, and initiating corrective actions to improve immunization levels: (i) authorize President to execute FY 2006-07 agreement (#06-55183) with the California Department of Health Services, Immunization Branch, in the amount of $104,613; (ii) authorize President to execute corresponding Contractor Certification Clauses (CCC-1005); (iii) approve related personnel adjustments, effective November 19, 2006; and (iv) approve related budget actions as detailed in staff report dated November 7,2006. CB-2. Public Works: Request to (a) accept an Office of Traffic Safety ("OTS") grant, in the amount of $36,000, to purchase and install an automated collision software system to identify and analyze high collision locations throughout the County; and (b) approve related budget adjustments as detailed in staff report dated November 7, 2006. (Four affirmative votes required.) Marin County BOS Agenda 8 11/07/2006 --- ---- IJ ~. ~G~8fECEIVED BOARD OF DIRECTORS MARIN COUNTY OPEN SPACE DISTRICT NOV - 3 2006 AGENDA TOWN MANAGERS OFFICE TOWN OF TIBURON Board of Supervisors Chambers Tuesday, November 07,2006 Marin County Civic Center 11 :00 a.m. Agenda items will be heard at the time specified or later, depending on the progress of the meeting A. Approval of Minutes from the meeting of October 24, 2006 B. Board of Directors' matters C. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda D. Open Space District General Manager's report E. Request to accept conservation easement protecting a wetland restoration site at the County airport, Gnoss Field, Novato (APN 125-190-54). Recommended action: Authorize President to execute: Certificate of Acceptance of Grant of Interest in Real Property and a Conservation Easement from the County of Marin to the Marin County Open Space District. F. Request to approve land exchange with Kimbel and Debra Stuart, to facilitate trail reconstruction on the French Ranch Open Space Preserve. Recommended action: Authorize President to (1) Adopt Resolution authorizing execution of property exchange agreement; (2) Execute Certificate of Acceptance of Grant of Interest in Real Property to receive Quitclaim Deed from Kimbel and Debra Stuart; and (3) Execute Quitclaim Deed granting District property to Kimbel and Debra Stuart. G. Closed Session: Conference with legal counsel regarding anticipated litigation pursuant to California Government code Section 54956.9(b)(1). Number of potential cases: One (1). ~ OJ I ~...! ~ JI ' .... I..~ 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 Board Agenda is available on the internet at htto:lwww.co.marin.ca.us/efiles/BS/AqMn/cvbaqnda.htm. The Board meeting is broadcast live over the Internet at htto:/Iwww.co.marin.ca.us/deots/BS/Archive/Meetinqs.cfm. A copy of the Board of Supervisors agenda will be faxed upon request by dialing (415) 499-6060 and entering "181" after the brief introductory message. RECEIVED ,- NOV - 3 2006 TOWN MANAGERS OFFICE I r\r:TI~llnf"\ MARIN HEAL THC.ARE DISTRICT 1100 South Eliseo Drive, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 DIRECTORS: JOHN W. SEVERINGHAUS, MD Chair ARCHIMEDES RAMIREZ, MD Vice-Chair blG~ SHARON J. JACKSON, MEA Secretary 8]- ROBERT A. DERZON SUZANNA COXHEAD, MEA NOTICE Lease & Building Committee Thursday, November 9, 2006 1:30 pm Marin Healthcare District Office 1100 South Eliseo Drive, Suite 4 Greenbrae, California 94904 I MARIN HEALTHCARE DISTRICT I A copy of the agenda for the Committee 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