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HomeMy WebLinkAboutTC Digest 2006-09-29 TOWN COUNCIL WEEKLY DIGEST Week of September 25 - 29, 2006 1) Correspondence from Troy Bassett - re: Lyford Undergr. Upd.-Vista del Mar 2) Correspondence from Troy Bassett - re: Lyford Undergr. Update 3) Correspondence from Nick Nguyen - re: San. 5 Force Main Relocation 4) Correspondence from Marin Bicycle Coalition - re: Road Checkpoint Day 5) New Release - Information on "No on 90" Ballot Measure 6) Correspondence from Smart Train - re: "Set the Record Straight" - Measure R 7) Correspondence from Martin Nichols - re: New Job - City Mgr. Red Bluff 8) Minutes - POSC - April 12, 2005 9) Action Minutes - Planning Commission - September 27, 2006 10) Agenda - Marin Bd of Supervisors - Special Meeting - September 29,2006 11) Agenda - Sanitary District 5 - October 2, 2006 12) Amended Agenda - Marin Health Care District - October 3, 2006 Attached Original Separates (Councilmembers Only) 1a) League of California Cities - Legislative Briefings - Nov. 15, 2006 2a) Correspondence from Smart Train - re: Measure R 3a) League of California Cities - 2007 Calendar 4a) Risk Matters - Newsletter of ABAG Plan Sa) News Release - Comcast - re: North Bay Report and Addition of Channel 78 6a) Voices - Newsletter - Community Violence Solutions - Fall 2006 ------ ----- {. Town ofliburon' 1505liburon Boulevard 'liburon, CA 94920' P. 415.435.7373 E 415.435.2438' www.ci.ciburon.ca.us Department of Public Works 415.435.7354 blG~ September 28, 2006 8]- To Residents of Vista del Mar Subject: Construction Update Lyford Cove Undergrounding Assessment District Maggiora & Ghilotti, the contractors for the Lyford Cove utility under- grounding project have informed us that they are anticipating beginning work on the joint trench on Vista del Mar the week of October 9. The work to be performed under this contract consists of the installation of new underground facilities to replace overhead utility lines, including all required removal of pavement, trenching, backfilling, repaving, removal and replalcement of hardscape, installation of substructures, conduit, pull boxes, street lights, vaults etc, including striping & pavement markings. Street parking and delivery access will be temporarily disrupted during the work hours of 8:00 AM to 5:00 PM. Please be aware that portions of the construction will require localized lane closures on your street. However, access to and from residential driveways will be maintained at all times. The work will not affect Emergency vehicle access at any time. Maggiora & Ghilotti will place temporary "No Parking" signs on barricades, with appropriate dates and times, 48 hours before work commences. We appreciate your patience and cooperation during construction. If you have any concerns about the work, you can contact the on-site foreman, Mike Muzinich. If you are unable to locate the foreman at the jobsite, contact Bill Dash with Harris & Associates at (415) 306-1442 or the Department of Public Works at (415) 435-7354. Troy A. Bassett Project Coordinator ~. Town ofTiburon' 1505 Tiburon Boulevard' Tiburon, CA 94920' P. 415.435.7373 E 415.435.2438' www.ci.tiburon.ca.us Department of Public Works 415.435.7354 September 28, 2006 DIGeST To Lyford Cove Residents Subject: Construction Update Lyford Cove Undergrounding Assessment District The contractor for the Lyford Cove Utility Undergrounding project, Maggiora & Ghilotti, was able to begin work on the joint trench in July; and work on the joint trench along Centro East is complete; Spanish Trail and Vistazo East should be done next week, and over the next two weeks, work will begin on Tower Point Lane and Vista del Mar. Residents in these neighborhoods should have already received or will be soon receiving notification regarding this work. Schedule: Maggiora & Ghilotti have provided the Town with a scheduie that shows the work proceeding along the following streets in the order listed: . Solano, from the top (at Centro East) down (to Mar East) . Mar East, from Mar Centro and Agreste, working toward Solano . Work along Agreste, Paseo Walk, and Linda Vista will occur as the contractor works his way down Mar East . Paradise Drive will be left for the last, beginning at the Caprice. Contract documents allow the contractor 250 working days to complete the project, and the schedule as currently submitted, indicates a completion date of July 2007, which is within the 250 working days. As the project moves forward, more specific schedules will be mailed to residents prior to work commencing in any particular location. Parking and Access: Street parking and delivery access will be temporarily disrupted during the work hours of 8:00 am and 5:00 pm while work is performed along any particular street. Please be aware that portions of the construction will require localized lane closures. HOWEVER, access to and from residential driveways will be maintained at all times. Vistazo East, Spanish Trail and Tower Point Lane are the exceptions requiring full street closure. Work will not affect emergency vehicle access at any time. Temporary "NO PARKING" signs on barricades, with appropriate dates and times will be placed 48 hours before work commences at any particular location, and you should also receive notice by mail prior to any work on your street. The mailed notice will also include telephone numbers for on-site construction personnel shouid you need any assistance during construction. Landlords, please pass this information on to your tenants; and provide us with a name and address if a tenant would like to be added to our mailing list for construction schedule updates. .~ Department o[Public Works 415.435.7354 Safety: Please remember that resident cooperation with Maggiora & Ghilotti is critical in allowing the contractor to finish the work on schedule and on budget. Try to avoid areas where the contractor is working as much as possible; and remember to move parked cars where the contractor needs to work. If you must walk or drive through a construction zone, please remember to always proceed with care. And finally, I want to let you all know that I have resigned from my position as project coordinator with the Town of Tiburon. It is the Town's intention to hire a replacement for the position of utility undergrounding coordinator as soon as possible, and outside consu~ants have been brought in to assist with the coordination of the undergrounding during the trans~ion. If you have any questions or concems about the undergrounding project, do not hesitate to contact the Department of Public Works at (415) 435-7354. Troy A. Bassett Project Coordinator Utility Undergrounding Projects Town of Tiburon MEMORANDUM .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .... .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. TO: Heidi Bigal! FROM: Nicholas Nguyen ~ bIG cc: Troy Bassett, Ann Danforth, AI Petrie ~e~ SUBJECf: Sanitary District 5 Foroe Main Relocation I DATE: September 27, 2006 .. .. .. .. .. .. .. .... .. .. .. .. .. .. .... .... .. .. .. .. .. .. .. .. .. ........ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Back in the winter of 2005, the Town initiated discussions with the Sanitary District 5 sewer agency to relocate a sewer force main line located on Mar East Street between Solano Street and Paradise Drive as part of the Lyford Cove Undergrounding District conslruction project. The necessity of the relocation centered on the separation of "wet" utilities and the upcoming undergrounded lines. With a construction bid from our conJraclor of $34,800, the Town requested that Sanitary District 5 submit a payment equal to the bid price plus 10% for contingency. Over the course of several correspondences and meetings, Sanitary District 5 has denied its obligation to relocate the force main or pay for the relocation citing that it had an easement for the line. However, the easement could not be confirmed and never found. In a recent letter sent on July 5, 2006, the Public Wor1<s Department again requested the line to be relocated. I'm pleased to report that on September 20, 2006, _ received a correl;pOOdence from Sanitary District 5 indicating their acceptance to pay for the relocation up to the bid cost of $34,800. The actual cost to relocate may be higher or lower than the bid cost depending on field conditions. As such, the Undergrounding District may have to inaJr additional cost if the construction exceeds the bid estimate. Additionally, there was some concern that our contractor would mark up their entire bid based on an agreement from the Town allowing a price escalation due to delays in executing the construction contract. Since then _ have negotiated the increase and locked in the unit costs for the project. The only item of the relocation that may be impacted by this decision is the sand backfill, which should not be significant. So on behalf of the Undergrounding District, _ can pursue further discussions to get the sewer agency to commit to full payment of the relocation. Or _ can accept their offer. At this point, I would recommend continuing a dialogue with Sanitary District 5 and accepting their offer with the condition that they also provide a 10% contingency fund in case of changes during conslruction. We would offer to limit their exposure to solely 10% contingency by covering any cost beyond this if required. Please advise. ~MCB€ '{. MARIN COUNTY September 26, 2006 BJCYCLE .COALlTION . Chief Matt Odetto b/Q Tiburon Police Department \.. . 1155 Tiburon Blvd. ~8~ www.,rii,~'ri'rjb:L~ e,~ rg Tiburon, CA 94920 p.o. Box 1115 Dear Chief Odetto: Fairfax, CA 94978 voice (415) 456-3469 Thank you so much for sending three officers to participate with Marin County fax (415) 456-9344 Bicycle Coalition (MCBC) in our July 22 Share the Road Checkpoint Day on www.marinbike.org the Tiburon bike path. The event was a huge success considering that 450 cyclists and walkers received safety tip flyers from us that day. The final result of our five Checkpoints hosted in July and August was reaching 2300 people with safety information - we continue to spread our Share the Road message Board of Directors even wider' Jerry Edetbrock, President Blair Peterson, Vice President I saw first-hand that holding the Checkpoints on the bike paths proved to be a Don Magdanz, Secretary Julia Violich, Treasurer great way to reach more cyclists and walkers, all of whom are usually also Maureen Gaffney John Goggin drivers. The stop sign Checkpoints are still an effective way to reach motorists, Stephen Hesson and therefore we will continue to pursue educating all road users equally. Vince O'Brien Alexander Price Advisory Board I have enclosed an article that summarized our event for your reference. 1 hope Mark Birnbaum you will encourage your officers to share their experiences with their fellow Joe Breeze officers and develop a schedule of regular Checkpoints throughout the year in Tom Hale your town. MCBC can recruit volunteers to assist, if you provide me with Deb Hubsmith Jim Jacobsen dates at least one month in advance. Patrick Seidler Staff MCBC can provide PDFs of the updated safety flyers (one for motorists and Kim Baenisch two for cyclists) for you to use as needed. I'd recommend that you place some ExecudllD Director in each squad car as well as discuss their content at a future officer meeting to Jo Ann Richards explain how useful they are as an educational tool. Membership Data Coordinator Bob Trigg Administrator Thank you again for helping to bring the Share the Road campaign to the Deb Hubsmith public's attention through the Checkpoints. MCBC appreciates our continued Advocacy Director Eric Anderson partnership with the local law enforcement agencies to effectively provide Director of Planning safety information to motorists and cyclists. Cooperation and mutual respect Andy Peri between all road users will only result with continuous education to all. Advocacy Outreach Coordinator Wendi Kallins Safe ROfltes to Schools Director Kristin Nute Sincerely, Safe ROfltes Projecr Cooroinator Melanie.Grubman j:?M pa~~v/~ Safe Routes Teen Prorram Coordinator Frances E. Barbour Safe ROfltes Teacher Chris Duncan Safe ROfltes Teacher Kim Baenisch Executive Director Promoting Safe Bicycling for Everyday Transportation and Recreation ~, /)IG~ 8r For Immediate Release Contact: Kathy Fairbanks September 27,2006 (916) 443-0872 h's a taxpayer TRAP www.NoPrOD90.com New Independent Analysis Concludes Proposition 90 Would Cost California Taxpayers Billions Each Year In-depth study by team of economists concludes measure would also "curtail infrastructure development" and "mandate significant taxpayer payouts" for regulations intended to protect the environment, consumers, and regulate land-use. Sacramento - Today, a team of economists at LECG consulting, led by former non-partisan legislative Analyst Dr. William Hamm, released the first comprehensive report outlining Proposition 90's potential fiscal impact on California and its taxpayers. In their report "The Fiscal Impact of Proposition 9U', economists at LECG conclude that "the costs imposed on the taxpayers by Proposition 90 would amount to billions of dollars annually". "There can be no question that Proposition 90 will increase the annual cost of government by billions of dollars each year," said Bill Hamm. "Ultimately, these costs will be borne by California taxpayers through increased taxes or a reduction in state and local services." Among the key findings of the report: . Proposition 90 would increase the annual cost of state and local government in California by billions of dollars. . By increasing the cost of public works, like schools. roads, water systems, flood protection and utility services, Prop. 90 would curtail infrastructure development. For example, CalTrans is projecting that Proposition 90 will lead to more than $180 million in project schedule delay costs over the next seven years, and another $43 million per year in added litigation-related expenses -- without even considering the higher property acquisition costs that the measure will require the agency to pay for highway improvements. . By increasing the cost of regulation, Prop 90 would reduce government's ability to regulate land use, protect consumers and workers, and safeguard the environment. Paid for by No on 90, Californians Against the Taxpayer Trap, a committee of taxpayers, educators, business, environmentalists, local government and public safety, the League of California Cities (Non-Public Funds, CITIPAC), and California Public Securities Association Issues PAC www.NoProD90.com ~... , r-- 110- ~'...... LECG Analysis of Prop 90 Release 9-27-06 Page 2 The new report also includes an in-depth analysis of the measure and its provisions, and the likely impact on state and local government actions in California. According to LECG, two features of Proposition 90 are mainly responsible for the measure's multi-billion-dollar price tag: . The measure would require government (and the taxpayers) to pay businesses and individuals whenever it passes laws or adopts regulations intended to protect the public's interest (other than health- and safety-related) that substantially affect property values. . Proposition 90 also would significantly increase the amount that government and state- regulated, investor-owned utilities are required to pay owners when their property is acquired through eminent domain for public uses such as roads, schools, hospitals, airports, utility transmission lines, and power plants. Under current law, government must compensate owners by paying them the fair market value of their property, taking into consideration existing limitations on how the property can be used (e.g., zoning restrictions). In some cases, Proposition 90 wouid require government to pay owners more than the fair market value of their property by directing courts to ignore these use limitations. "In many cases the State, cities and counties will have no choice but to pay the higher costs imposed by Prop. 90. After all, some government actions are compulsory, not voluntary, such as actions taken to comply with federal law, court orders, and voter initiatives," said Hamm. Hamm also points out that other government actions, though not legally required, are - as a practical matter - unavoidable, such as building new roads, schools, and power lines needed to accommodate a growing population. In both cases, government will have to either increase taxes or reduce existing programs in order to make funds available to pay the higher costs resulting from Proposition 90. In other cases, LECG says agencies will take steps to avoid raising taxes or cutting programs by choosing not to conduct the regulatory and infrastructure-development activities that Proposition 90 would make more costly. However, even in these instances, Californians will not avoid the costs imposed by Proposition 90. "Where agencies seek to avoid the new costs imposed by Proposition 90, there will still be an impact on residents and taxpayers," said Hamm. "In these cases, the cost will take the form of more congestion, less consumer protection, less environmental protection, and a reduction in other regulatory activities intended to maintain or improve the quality of life in California." LECG used three different sources to evaluate the fiscal impacts of Proposition 90: 1) An evaluation of Oregon's Measure 37, which has similar provisions as Proposition 90. Passed only two years ago, Measure 37 has already generated ciaims of more than $5.4 billion, or $4,060 per household that Oregon taxpayers could be liable for. 2) The estimated cost of other state and local initiatives that would require taxpayer payouts for government regulation of land. Examples include Measure A in Napa County and Measure D in Nevada County, both of which failed but economic impacts were available. 3) Analysis of a selection of past state and local government actions, which would have been subject to Proposition 90's compensation requirements had the law been in effect at the time of their implementation. For a copy of the report visit www.NoProp90.com. LECG is a global economic consulting firm headquartered in California. It provides independent expert analysis and testimony, original authoritative studies, and strategic consulting services to Fortune Global 500 corporations, and major law firms, as well as to local, state, and federal governments and agencies around the world. The principal author of this report, William G. Hamm, was the State's nonpartisan Legislative Analyst from 1977 to 1986. In that capacity, Dr. Hamm was responsible for overseeing the fiscal analysis of more than 25,000 legislative bills and dozens of California ballot initiatives. His analyses of ballot propositions were included in the California Voters Handbook, which is distributed to each registered voter in the State. ,- J?!w..>='....~...1-=-~".........,.. "1.- /)IG~S'" =SMART= ~._..._._____."_.,..~a:;__~ For Immediate Release September 15, 2006 SMART SETS THE RECORD STRAIGHT (Sonoma/Marin, CA) Concerned about inaccurate and potentially misleading information that has surfaced recently about the Sonoma Marin Area Rail Transit (SMART) project, the SMART District has developed a fact sheet (see attached) to clarify details of the proposed train service and bicycle/pedestrian pathway between Cloverdale in northern Sonoma County, through Marin County and linking to regional ferry service at Larkspur Landing in Marin. A large part of the SMART District's responsibility in developing the project plans and the environmental impact report (EIR) for the project is to educate the public about the details and ensure the public has accurate information. Measure R on the November ballot asks voters in both counties to approve a quarter- cent sales tax over the next 20 years to pay for SMART train service and support a north-south bicycle and pedestrian pathway. 1 '\ ..~ ~"-..;:o...~.'...~.~...r".~:L =SMART= ""::;i.I. A ~All .tol.l.G....j.... !l.r SMART FACTS September 2006 Over the past few weeks, statements have been made about the SMART train and bike/pedestrian path that were inaccurate or potentially misleading (see italics). Here are the facts: Ridership "Nobody will ride the train" . Using a widely accepted, though very conservative method 5,300 riders per day (1.4 million per year) are projected to take the train when service starts in 2010. . Other Bay Area commuter trains are very successful: - Caltrain annual ridership is up 37% since 1996, up 63% since 1986 - Capitol Corridor ridership is up 300% since 1998 - ACE train service is up to 8 trains/day from 2 trains/day in 1998 "The ridership projections must be exaggerated" . Actual ridership for new train services very often exceed projections: - Dallas' DART's ridership 10% higher than forecast. [Source: DART, 2000] - Portland's Westside MAX extension exceeded forecasts by 22%. [Source: Tri-Met, 2000] - St. Louis' MetroLink exceeded its initial forecast by 67%. - Salt Lake City's Trax has exceeded forecasts by 43%. [Source: Utah Transit Authority, 2000] - Denver's Southwest extension to Littleton was 67% above the original projections [Source: Denver RTD; Denver Business JoumaI2001/01/26] "Only 230 people will take the train into Marin County from Sonoma County" . This is an example of using the "numbers game" to mislead. For example, the 230 number was taken from a table in the SMART environmental document and accounts for only those' riders during the peak commute traveling southbound across the County line, and only in the morning. It does not include Marin southbound morning riders, northbound morning riders, mid-day riders or afternoon/evening commute riders. 2 "75% of trips would be within Sonoma County" . 73.7% of projected trips are within Sonoma County. However, Sonoma County represents 72% of the projected sale tax contribution, and 72% of the track miles. Larkspur Station "The Larkspur City Council opposes this project" . Following meetings with the Larkspur City Council over the past three years, SMART selected the station site requested by the Larkspur City Council. That station site was evaluated in the Final Environmental Impact Report and has no aerial structures, and so doesn't block views. The proposed station location is between Highway 101 and the Larkspur Century Theater on property owned by SMART, and therefore requires the taking of no additional land. "The recent city council resolution said SMART would take property to make the area higher density" . SMART has never proposed any taking of property for development purposes. In fact, SMART's enabling legislation, AB2224, prohibits SMART from acquiring property through eminent domain for commercial or housing development. 'The current Larkspur station is a long, 10 minute walk to Ferry Terminal" . The proposed SMART station site at Larkspur is less than 4 city blocks, and just a 4-minute walk away from the Ferry Terminal ticket window. It is a shorter distance than San Francisco's Fenry Terminal is from the Embarcadero BART/ Muni Metro Station, which is a 5-6 minute walk. "If Larkspur City Council is opposed, why go to Larkspur, why not stop in downtown San Rafael" . Larkspur Fenry is the largest transit facility in the North Bay; it is an important connection for North Bay residents to San Francisco and other potential future ferry destinations. . Marin County Public Works Department has requested that SMART work with them to rehabilitate the existing CalPark Tunnel as a vital link in the County's bicycle/pedestrian network. As the owner of the tunnel, SMART is currently working with the County to upgrade the tunnel. Funds for the tunnel upgrade are being provided by the County and SMART. With the completion of this upgrade, the extension of rail from downtown San Rafael to Larkspur is made much easier and costs are significantly reduced. The tunnel is scheduled to open to pedestrian and bicycle use two years in advance of rail service. 3 Proiect Costs "No recent public works project in the Bay Area has been completed on budget" . An independent Blue Ribbon Committee of transportation experts and a financial risk analysis completed by a UC Berkeley researcher both indicated that the cost estimates for completing the SMART project are very solid. Few projects in the Bay Area subject their cost projections to this level of scrutiny. . While road projects have had a recent history of cost overruns, nationally, transit projects are generally completed within budget. The General Accounting Office (GAO) released a report in August of 1999 to the U.S. Congress evaluating the status of Federal New Starts transit projects. Of the projects examined, the report determined that all but 3 projects were completed within 2-7% of budget Cost Effectiveness "SMART will cost $50/$55 per trip while Golden Gate Transit only costs $8 per trip" . This is another example of the use of numbers to mislead: 1) It compares the annual operating cost of Golden Gate Transit VS. the total capital and operating cost of SMART over 20 years. This ignores past and future capital investments made by Golden Gate Transit including: continual bus fleet replacement, ferry boat acquisition and replacement, ferry terminal facilities, dredging, bus station / stop facilities, maintenance facilities, park and ride lots, real property, etc. 2) It assumes that the capital investment in SMART will only produce benefits for the 20-year life of the tax measure. In reality, the term of the investment is much longer. Rail tracks, stations and other infrastructure can last 50 years or more. Rail vehicles can last 30- 50 years. 3) The numbers used for SMART include the costs of the bike and pedestrian path with the rail system costs, but don't count the 7,000 daily bicycle trips on the pathway. 4) This number is a measure of "cost per trip", which is not the most accurate means to compare performance, since a "transit trip" could be 2 blocks or 2 miles. To honestly compare costs of different trips on different types of transit, the industry standard is "cost per passenger mile". . The annual projected cost of SMART per passenger mile is 79 cents, compared to 89 cents for Golden Gate Transit in FY06/07 (source: Golden Gate Transit). The reason that rail is lower than bus is that one set of two train cars can carry 200 people with one train operator. A standard bus only carries 40 people, but still requires one bus driver. This is the reason that commuter rail is being pursued throughout the country as the best way to provide additional capacity in congested travel corridors at a lower cost, with lower fuel needs and a fewer emissions. 4 -- ~. Traffic ConClestion "SMART's own EIR says it would not improve congestion on 101" . When 5300 trips are taken off Highway 101 every day when the train starts up (and even more as the years go by), of course there will be additional capacity on the freeway, just like when a new carpool lane is added. But gradually, over 20 years, that capacity gets used up by others who see that there is less congestion and so they decide to drive; when maybe before they made their trip later in the day or not at all. Think of 1-80; over 320,000 people take BART every day, but the Bay Bridge is still congested. Just think what it would be like if there were no transit in that corridor? "Buses are better" . Buses are caught in the same traffic congestion as everyone else unless there is a dedicated carpool lane that is not congested. And carpool lanes are filling up. A Caltrans report says that between April 2005 and April 2006 congestion reached "unacceptable" levels on between 3 and 5 percent of California's carpool lanes. And, "on any given day" about 10 percent operate under what it calls "degraded" (slowed) conditions. In the Bay Area, Interstates 80 and 880 and U.S. Highway 101 are among them. [source: Oakland Tribune 9/14/06]. Moreover, according to the Metropolitan Transportation Commission, the carpool lane through the Novato Narrows linking Sonoma County to Marin County will not be complete until 2020, another 14 years. "Express Buses are much better for serving areas with dispersed jOb sites like Marin" . The South Bay's Peninsula corridor also has dispersed job sites in places like South San Francisco, Palo Alto and Mountain View. And yet, the Caltrain commuter rail system serves these stations quite well, expanding its reach with a shuttle bus system. The Caltrain system serves 30,000 people per day and with shuttles serving nearly 5,000 riders per day. The SMART project allocates over a million dollars per year to run shuttles and local employers have indicated they plan to supplement these services with their own shuttles. Greenhouse Gases "If evel)l household in Marin and Sonoma Counties replaced just one incandescent light bulb, it would reduce more than twice the C02 greenhouse gas emissions than SMART. " . First of all, the SMART environmental impact report documents that the SMART train will remove 124,000 Ibs of greenhouse gas emissions each day. This does not include greenhouse gas reduction as a result of the 7,000 bicycle trips on the SMART bike/pedestrian pathway. Using biodiesel fuel in the trains would further reduce greenhouse gases due to the fact that biodiesel-producing soybeans or other vegetation absorb C02 gases. 5 . The above statement is another example of a misleading use of the "numbers game". The only way to achieve the figure above is to assume that the average residential incandescent light bulb is used for 12 hrs per day. According to the EPA, however, the average use by residential customers ranges from an average minimum of 1.8 hours per day for bedrooms to 3.8 hours per day for kitchens. In other words, given the 273,000 households in Sonoma and Marin Counties, almost a million light bulbs would need to be replaced to equal the greenhouse gas reductions resulting from implementation of the SMART train. . And, according to the non-profit, Climate Group, "In 1999, transportation accounted for 58% of C02 emissions from the combustion of fossil fuels, while electricity production accounted for only 16%. Curbing transportation emissions will be California's biggest challenge, as more vehicles are spending more time on the roads." Diesel Fumes "Residents, parks and schools would be exposed to diesel exhaust" . What opponents neglect to tell you is that as of Sept 1, California implemented a law requiring the use of low sulfurllow particulate diesel. The new allowable sulfur content of this fuel is 15 parts per million, compared to the old standard which was 500 parts per million. This low sulfur fuel also allows for advanced emission control systems (that would otherwise be poisoned by these compounds) that can greatly reduce emissions of nitrogen oxides (NOx) and particulates. . The SMART project would use both the new, advanced emission control technology (e.g., catalyzed diesel particulate filters) and low sulfur bio-diesel fuel (B20), which would reduce NOx and particulate emissions by about 90 percent, according to the EPA. . The detailed EIR health risk analysis, even using a "worst-case" EPA model (which assumed that a person would be exposed continually over a 70-year lifetime), found that the trains would NOT expose people to a significant amount of additional diesel emissions. Exposure levels would be extremely low due to advanced emission control technology. Wetlands and Habitat 'Wetlands and habitat would be destroyed" . Stations will be developed in urban areas, not on sensitive habitat. Of the 70- mile corridor, which totals approximately 635 acres, the vast majority (over 500 acres) is ruderal (weedy), non-native or developed land with little or no existing habitat due to the fact that the track bed has been in place for many decades. 6 . The project has been designed to avoid impacts on wetlands and habitat to the maximum extent feasible and additional measures will be implemented to further reduce impacts, including: . Replacing rail bridges in their existing footprint and increasing the span widths to avoid disturbance of stream banks and riparian areas; . Restoring andlor replacing disturbed wetlands, which means restoring existing degraded wetlands and/or creating new wetlands in suitable areas; and . Removing invasive species along the right of way, which will enhance the habitat value. . Less than one-half acre of vernal pool habitat will be impacted, and suitable habitat has been identified within the ROW where new vernal pools could be created. . The small amount of impacts on streams is at stream crossings, where existing bridges will need to be replaced. Golden Gate Transit "SMART will compete for Federal and State funds needed by Golden Gate, harming that service" . SMART and Golden Gate Transit do not compete for the same federal funding sources. In fact, since SMART is in a different transit category than Golden Gate Transit, it could bring more federal dollars to support North Bay transit service. . SMART is technically eligible for two state funding categories. However, these two categories are very minor sources and in one category, "revenue-based" funds, the SMART and Golden Gate don't compete. These funds are allocated based on revenue miles of service, bringing even more money to the North Bay. . All of SMART's Board members serve on other transportation district Boards, including the Golden Gate Transit District, SCTA, TAM, MTC as well as other regional transit districts. SMART has agreed to coordinate all annual funding requests with these other agencies. . Studies have shown that in other transit districts, approximately 80% of the train riders were former drive alone commuters. In fact, in the MetroLink rail system in Southern California after train service was initiated, overall bus ridership actually increased from 16 % to 60 % on different train routes. 7 SMART Operations "SMART has only one trackway of existing rail; how can this operate safely?" . Many rail systems in the US operate service in both directions on a two-way track with passing sidings. This is done safely by strategically locating the passing sidings along the corridor. In addition, SMART's train operation will be controlled by a single dispatch center and switching system that safely allows two-way track to operate along the rail corridor. Horn Noise "Loud train horns are required at numerous street crossings" . To reduce train horn noise SMART proposes using the "Quite Zone" program which provides crossing upgrades so horns do not need to be blown. This is a standard practice for commuter train crossings located near residential areas. In order for this program to be implemented local cities must take actions to initiate the quiet zones. The SMART Board has pledged to work with any city that would like to implement this program in their jurisdiction and has set aside funding for implementation. Freiaht Service "SMART has not assessed the impact of freight service." . SMART did fully consider the impact offuture freight service in its FEIR (Master Response 0) on Page 3.2-36. According to the most recent discussions with the NCRA, the agency responsible for freight service, and the current project volumes for freight (should service be initiated) is 3-6 trains per week and no more that 1 per day. Moreover, there will be no freight service south of the Ignacio Wye (Route 37). 8 1. ~ Govern~e~tal sO~IJ-.noNs I 415.883.9100 415.883.9155 fax 27 Commercial Blvd., Suite C Novato, CA 94949-6188 mnichols@marin.org DIGEST September 27,2006 Board of Directors Marin Telecommunications Agency 27 Commercial Blvd., Suite C Novato, CA 94949 RE: Resignation ofMTA Executive Officer Dear Board Members: I have sent the attached letter to Greg Stepanicich formally noticing the MT A of the termination of my professional services agreement. My last day as your Executive Officer will be November 30, 2006. I have accepted th~ position of Red Bluff City Manager. With your Board's leadership and perseverance and the very professional assistance of Greg Stepanicich, Suki Sennett, and Tom Robinson, the residents and members of the Marin Telecommunications Agency have a new cable TV franchise that provides significant benefits under the current legislation/regulatory scheme and creates options on how to deal with the pending state and federal law changes. The new !NET will significantly enhance shared applications between member agencies, which will increase men;ber agency's productivity and access to public services. The Marin Telecommunications Agency is the telecommunications policy agency for all of Marin. With committed eiected officials participating as a regional telecommunications policy clearinghouse, Marin can continue its efforts to encourage the development of appropriate telecommunications technologies, as you consider in the coming months: . Establishing a community media center in partnership with a local education, public agencies and local producers. . The potential for a municipal wireless network and the appropriate role for local governments in this emerging technology. . What policies to adopt to encourage broadband development in Marin. . How to use the franchise funding and !NET to plan for and then recover from a major local disaster. . Installing shared appropriate information service applications between member agencies. .t Marin Telecommunications Agency Resignation of MER A Executive Officer September 27, 2006 Page 2 Service on a regional JP A as a local elected official is a difficult assignment. Each of you has many other responsibilities in your jobs, as city council members or as a county supervisor and with each of your families. Attending MT A meetings in addition to the above is an extraordinary duty and a true te~tament to your commitment to public services. Marin is truly unique in its regional and shared approach to many common issues. The results and benefits for all residents is your legacy. (i1Jl I'"' cc: Greg Stepanicich Suki Senmtt Tom Robinson Media Access Advisory Committee MarinMapiSteering Committee Fred Vogler Mary Jane Burke Francis White David Hill Scott McKown Kathi Noe City/Town Managers County Administrator Ltr-MT A Board-ResignationExecDir.doc f- Governmental SOLUTIONS I 415.883.9100 415.883.9155 fax 27 Commercial Blvd., Suite C Novato, CA 94949-6188 mnichols@marin.org September 25, 2006 VIA CERTIFIED MAIL Gregory Stepanicich, Esq. Richards, Watson & Gershon 44 Montgomery Street, Suite 3800 San Francisco, CA 94104 RE: Notice of Termination of Professional Services Agreement Dear Greg: I hereby provide notice to terminate my Professional Services Agreement with the Marin Telecommunications Agency, effective at 5:00 p.m. on November 30, 2006. cc: Board of Directors & Alternates ,. MINUTES NO. 210 APPROVED PARKS & OPEN SPACE COMMISSION April 12, 2005 7:00 P.M. Regular Meeting blG~ Town Council Chambers 1505 Tiburon Boulevard, Tiburon, California 8,. CALL TO ORDER Chair Zender called the regular meeting of the Parks & Open Space Commission to order at 7:07 P.M., Tuesday, April 12, 2005, in the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. I. ROLL CALL PRESENT: Chair Zender, Vice Chair Wand, Commissioners Canter, Lindqvist and McMullen. ABSENT: None EX-OFFICIO: Town EngineerlPublic Works Director Echols II. PUBLIC OUESTIONS AND COMMENTS There were none. III. STAFF AND COMMISSION BRIEFING Director Echols reported on the County's Open Space District's finalization of their County Open Space Policy Review Initiative. He noted that it had gone through a several year process by various subcommittees and they were now taking public comments. He is planning for a staff review of open space by the Community Development Department and himself to ascertain whether or not there were any drastic deviations from Tiburon's policy and situations (i.e.; Tiburon land abutting the County's). He is striving for consistency and continuity. He will report back at a future meeting. Regarding the County hazard mitigation plan, he noted that all U. S jurisdictions must have a plan in place. The County is drafting theirs and eventually the towns will adopt it while taking into consideration their own individualized needs. Director Echols also explained these plans are needed in order to qualify for future hazard mitigation funds through FEMA; he thinks there would be a prospect of applying for broom mitigation monies. Presently, the Town is reimbursed for emergency response expenses such as clearing roads of mudslides and the like. He reminded the Commission that the monies are applied to public lands only. Tiburon Parks & Open Space Commission Minutes No. 21O-April12, 2005 Page 1 of5 .~~ Director Echols reported on his attendance at the League of California Cities Community Relations Policy Committee. California State Parks presented to them a strategy for providing parks and recreation opportunities to the fast growing Central Valley. He gave the Commission a California Department of Parks and Recreation's News Release regarding this plan. To keep up with demands, the State is focusing on enhancements and potential acquisitions along streams, rivers, lakes and wherever park facilities are being developed. Water is the focal point wherever developments are planned and thus it is centered along the drainage system. Director Echols told the Commission that today bids had been opened for the permanent restroom at South of Knoll and would be presented to the Town COlUlcil on April 20th for the low bid contract approval. Commissioner Lindqvist inquired about the design question prompted by the proximity of the building near the water and its effect upon wood construction; Director Echols acknowledged the appropriate mitigating design changes have been made. Commissioner Lindqvist also inquired about the Commission having an opportunity to decide the relocation of the benches. Mr. Echols annolUlced the hiring of Ms. Troy Bassett as UndergrolUlding Project Coordinator effective 4/18/05. The massive size of Lyford Cove (affecting 220 parcels) and Del Mar (221 parcels) necessitated this hiring. Ms. Bassett is a local resident and has a good backgrolUld in project management and people skills. Commissioner McMullen reported seeing on television that Assemblyperson Loni Hancock is proposing a bill to fund small boat access along the Bay. Pat Echols noted that BCDC is updating the entire Bay Plan also with the idea of increasing public access through new development, set asides and/or easements. He acknowledged that there aren't many opportunities on the Tiburon Peninsula. Commissioner Wand also noted that the Coastal Commission has been active in dealing with private property issues. IV. CONSENT CALENDAR Minutes of February 8, 2005 (No. 209) approved with the following changes: 1. Page 3, paragraph 2, line 3: delete Town of Belvedere $5,000 pledge 2. Page 3, heading, Multi-Use Path: change to singular. 3. Page 4, paragraph 4, line 3: change to Subcommittee member McMullen and Lindqvist 4. Page 4, paragraph 8, line I: Change to Director Echols MIS LindqvistlZender 5-0 to approve the Minutes No. 209 as amended. V. BUSINESS ITEMS A. Update on South of Knoll Tot Lot Renovation Project - South of Knoll Playgrounds Subcommittee Subcommittee members, Pam Bonnie and Derice Tao, reported that $60,000 is in hand which includes a $10,000 Herbst FOlUldation donation which will be deposited once the fundraising process is completed. Possible sources for more fundraising were discussed. Commissioner Canter Tihuron Parks & Open Space Commission Minutes No. 210 -April 12,2005 Page 2 of 5 I I. noted that lO years ago MCF had awarded Tiburon money for an older children's playground from their Neighborhood Grants Community Development and that Tiburon wouldn't qualify for an MCF facilities management grant. Director Echols reported that the Town was not approved at the first cut of Apri112 for the California Integrated Waste Management Board grant application. He is fairly optimistic but cannot guarantee that the grant will be approved at the second cut in May when the CIWMB facilitator reported that more money will be authorized to the program. The Playground Subcommittee indicated that the targeted goal had been reached as long as this state grant is awarded. Chair Zender inquired about the pending review of the construction costs. Director Echols noted that through the Marin Maps project he has new orthographic base maps with 3" resolution and will be using them when he confers with the engineering consultant as well as the playground consultant. He then plans to obtain line item engineer estimates with the assistance of local contractors who will evaluate constructability and also may donate in-kind assistance. A discussion ensued about playground equipment. Concern was expressed about the escalating costs particularly if they have to wait until the grant money is in place. Also it was suggested that the equipment estimates were high. Director Echols noted that if there is money remaining after the project is completed, it will be needed and used for repair and maintenance. He also pointed out that the Town was allocating 100% of the fund to this project. He cautioned it was still a little early to gauge exact costs to be expected. Derice Tao asked about the timing of the equipment purchases as it could take 8 to lO weeks to receive. Mr. Echols said another question is whether the Town should purchase the equipment or if it should go out to bid. Ms. Tao also expressed concern about an increase of at least 20% due to change of ownership of the equipment company. The "price pressure" of landscaping and wood products was discussed and several examples of what Mill Valley experienced on their playground project were cited. Commissioner Wand inquired about the effect on warranties if there is a delay in installation and about the need to make certain the specifications of the fittings are correct. The Subcommittee <?who> indicated that the prices include custom fittings. Director Echols assured the Commission that someone will be responsible for assuring proper site preparation and equipment installation per the plans. Additionally, a discussion will take place with the manufacturer as to the limits of the warranty. It is expected that the Town Manager will review all of these details particularly as they apply to the validation of the warranties and their effective period. Director Echols suggested that the plan move forward to have the Town Manager or Town Council to authorize the advance purchase of the equipment. At the same time, he will meet with the Subcommittee and the manufacturer to review all the details of costs, delivery times, specifications, and the warranties. Commissioner Mc Mullen suggested that written quotes be obtained for as long as possible but no less than 90 days. MIS ZenderlLindqvist 5-0 to approve the purchase ofthe South of Knoll Tot Lot playground equipment subject to the conditions set forth by the SubcommitteelPat Echols. B. Update on MMWD Plans for Pipeline Replacement Along Multi-Use Path - Town Engineer Pat Echols Tiburon Parks & Open Space Commission Minutes No. 210 -April 12,2005 Page 3 of5 Director Echols reported on his prior week's meeting with MMWD. They have completed "potholing tests" to ascertain the depth of existing utilities and the nature of the materials to be excavated. This will determine the feasibility of either directional drilling or open cut (trenching). MMWD would prefer not to trench so they don't have to provide the 6 foot pathway. However, much of the pathway will need to be open cut. Directional drilling can be done for most of the area west of the Belvedere Tennis Club to South of Knoll although another section in this area may be a candidate for either type of excavation and bids for both will be obtained. The remainder of the project from the Tennis Club towards San Rafael Avenue will require the open cut method and the trench will on the landscape side of the path. MMWD has suggested that the path be closed for the duration of the project which Director Echols declined - as he did with MMWD's suggestion to work at night. They indicated that the impact of requiring allowed access during the day will extend the duration of the project from one month to at least three. Director Echols explained that the project will be done in segments of several 100 feet at a time and that ADA requirements of an alternative path of travel must be maintained. He noted that an impractical solution would be to shuttle users of the path. Director Echols provided the Commission with Late Mail Item V-B (BPAC's comments and recommendations of a long range strategy plan) which POSC had asked them to do. Mr. Echols has kept BPAC advised about the various projects to do with the path. Commissioner Wand sees the goal for the MUP is to gain a widened path with appropriate materials. Director Echols noted that removed landscaping and irrigation must be restored. Additionally, the Town expects compensation adjustments if estimated work is not done. Commissioner Canter is concerned that the path will become a road when the size is increased and does not think it isa good idea to widen it. Director Echols said that BP AC doesn't want two paths; apparently it had been suggested that a median of some sort be set between two paths which they felt could be a potential hazard and liability. A long discussion ensued about the direction ofBP AC' s responsibilities which Mr. Echols reminded the Commission was advisory to the POSC and that POSC would make the final recommendations to the Town Council. The Commission discussed such concepts as the low impact of walkers versus the harder impact of such users as rollerbladers and the need for various surface materials. Commissioner McMullen reported that Reed School is having a Bike Safety Dayan April 21. Director Echols reported that the County has contacted him about reapplying for a STIP grant which the Town had received a few years ago but was unable to use. There will be a few steps for it to go through but he is hopeful that the Del Mar-Pine Terrace Crossing will again qualifY - this time for $107,000. He pointed out that the big challenge is that the land is owned by the Pine Terrace Homeowners Association although the Town has a lease. In early May, there will be a "walk about" to identifY constraints and improvements. The area's various parking issues were discussed. Tiburon Parks & Open Space Commission Minutes No. 2ID-Aprill2, 2005 Page 4 of5 ADJOURNMENT The meeting was adjourned at 8:29 p.m. MARGO ZENDER, CHAIR Parks & Open Space Commission ATTEST: ~o.t....:...-.~ Y--< ~ PATECHOLS,SEC~ARY Tiburon Parks & Open Space Commission Minutes No. 2ID-Aprill2, 2005 Page 5 of5 1: TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes September 27,2006 DIGEST ACTION MINUTES CALL TO ORDER AND ROLL CALL AT 7:30 PM Present: Chairrnan Fraser, Vice Chairman Aguirre, Comrnissioner Collins Absent: Commissioner Kunzweiler, Cornrnissioner 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 Comrnission 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 Cornrnission agenda. Please limit your comments to no more than three (3) rninutes. Three Persons Spoke Reqardinq the Temporarv Buildinq at the Belvedere Tennis Club COMMISSION AND STAFF BRIEFING Staff Update Commission Inforrnation Iterns PUBLIC HEARING 1. ANNUAL GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR FY 2005-2006 Revised and Forwarded to Town Council MINUTES 2. Planning Comrnission Minutes - Regular Meeting of August 9, 2006 Adopted as Amended (3-0) 3. Planning Commission Minutes - Regular Meeting of August 23, 2006 Adopted as Amended (3-0 ADJOURNMENT At 9:00 PM 10. BOARD OF SUPERVISORS COUNTY OF MARIN b/G.s SPECIAL MEETING 8)- Friday, September 29,2006 Four Points by Sheraton Hotel, Salon E 1010 Northgate Drive San Rafael, CA 94903 NOTICE IS GIVEN that Susan L. Adams, Marin County Board of Supervisors President, has called a special meeting of the Marin County Board of Supervisors on Friday, September 29, 2006, to be held at 1 :00 p.m. at the Four Points by Sheraton Hotel, Salon E, 1010 Northgate Drive, San Rafael, California. The business to be transacted at the special meeting consists of the one matter described below. AGENDA 1 :00 p.m. 1. Countywide organizational planning session to discuss organizational issues concerning long-term county operational goals and program outcomes. This will be a public meeting. Interested persons rnay make comments to the Board on the matter described above. Copies of this notice have been hand delivered or sent via facsirnile to all members of the Board of Supervisors and media outlets who have requested notice of special meetings. * * * * * * * * * * * * * * * * * * * * [5] DJ IIII"'"IIt ~ JI ..... .... .~ American sign language interpreters may be requested by calling (415) 499-6172 (lTY) 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 htlp:llwww.co.marin.ca.us/efiles/BS/AgMn/cybagnda.htm The audio portion of Board meetings is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/audio/index,cfm. A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. II. Peter Hoyt Berg, President Casey A. Kawamoto, Secretary b/G'~ Fred C Hannahs, Vice President Catharine Benediktsson, Director ~ r AGENDA Sanitary District No.5 of Marin County Regular Board Meeting at Sanitary District No.5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, California Monday, October 2, 2006 6:30 p.m. CALL TO ORDER and ROLL CALL PUBLIC OPEN TIME: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Board will not take action on any public comment. DIRECTORS COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 1. Approval of September 19,2006 Regular Board Meeting Minutes (see attached) 2. Approval of the Warrants September 2006 & Standby Mileage Reimbursement (Warrants attached) 3. Receipt of Monthly Financial Reports September 2006 (see attached) MANAGEMENT REPORT 4. Operations Report (O'Day) a. Tiburon & Belvedere Compliance Report & Public Complaint Report (see attached) 5. District Manager's Report a. Insurance Claim 89 Bay View Avenue, Belvedere b. Set Special Board Meeting for Candidate Interviews c. Set Special Board Meeting for Refmancing Belvedere COPs d. SBC Antenna Site Agreement (Letters attached) e. CSDA Conference Report Week of September 25,2006 UNFINISHED BUSINESS 6. Shaw Reimbursement Agreement (Lynch) COMMITTEE REPORTS 7. Finance Committee Minutes September 26, 2006 (Hannahs/Berg)(see attached) ADJOURNMENT The Board will be asked to adjourn the meeting to a Special Board Meeting October 16, 17 or 18, 2006, at 9:00 a.ill., at the Sanitary No.5 District Meeting Room at 2001 Paradise Drive, Tiburon, California. The Board of Directors may at its discretion, consider agenda items out of the order in which they appear above. Accessible public meetines: Upon request the District will provide written agenda materials in appropriate alternate Jannats, or disability-related modification or accommodation, including auxiliary aids or services to enable individual with disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P. a. Box 227, Tiburon, CA 94920 two days prior to the meeting. ,'-. MARIN HEAL THCARE DISTRICT ~S~ 1100 So. Eliseo Dr, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 AMENDED AGENDA Special Meeting Tuesday, October 3, 2006 7:00 p.m. Board of Directors Marin Healthcare District Marin General Hospital Conference Center 250 Bon Air Road Greenbrae, California ...................................................................................... NOTE: This is a Special Meeting of the Board of Directors of the Marin Healthcare District. By law, no items of business other than those on the agenda may be considered by the Board of Directors at the Special Meeting. Members of the public will have an opportunity to address the Board regarding only those items listed on this agenda. (I) Call to Order (2) Announcement of Purpose of Special Meeting (3) Roll Call: Archimedes Ramirez, M.D., John Severinghaus, M.D., Suzanna Coxhead, Sharon Jackson, Robert A. Derzon (4) New Business A. Presentation of Summary of Settlement, Transfer and Exhibit Documents regarding lawsuit of Sutter vs MHDB. (Atty. Straus) B. Public comments, questions, suggestions (Atty. Straus) C. Board discussion and decision ACTION ITEM (Dir. Severinghaus) Resolution to approve the Settlement with MGHC/Sutter Health and Transfer Agreements for the Resolution of Litigation, Termination of Hospital Lease and Transfer of Assets. D. Discussion ofthe Requirement to have all Candidates for the District Board Complete a Conflict of Interest Form. POSSIBLE ACTION ITEM (Dir. Ramirez) (5) Adjournment A copy of the agenda for the Special Meeting will be posted and distributed at least twenty-four (24) 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 24 hours in advance of this meeting.