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HomeMy WebLinkAboutTC Digest 2006-09-01 TOWN COUNCIL WEEKLY DIGEST Week of August 28 - September 1, 2006 1) Correspondence from Anne Drew - re: Lyford Undergrounding 2) Correspondence from Ronald Brown - re: Kol Shofar 3) Correspondence from Karen Nygren - re: Kol Shofar 4) Email from Tim Metz - re: Kol Shofar 5) Correspondence from Dan Watrous - re: Ling Precise Development Plan 6) Police Recap - July 2006 7) Correspondence from LCC - re: Proposition 218 and Water Service Rates 8) Agenda - Design Review Board - September 7, 2006 9) Meeting Cancellation - POSC - September 12, 2006 Attached Original Separates (Councilmembers Only) 1a) Invitation - Calfed Bay-Delta Program Science Conference - Oct.23-25,2006 2a) Estuary - Newsletter S.F. Bay-Delta - August 2006 3a) Change of Address - New Office Location - Bay Area Council ---- 1"'. , . 1';, Below, CKS details its search for alternative locations. The hiring of Rabbi Lavey Derby in the 1990's was the beginning of a growth spurt for Kol Shofar, as the congregation had been without a rabbi for over two years following David White's departure. While the simple appointment of a rabbi was an incentive for people to re-join, it was more true that our growth was a result of the dynamic leadership and vision of Rabbi Derby. As we grew, it became apparent that the facility was no longer meeting our needs. Parking was the first and easiest solution, and so we applied to the Town for a permit to pave oVer the upper parking lot. In 1997, the Town amended the existing CUP to allow the paving. A few neighbors sued in August of 1997. The court ruled in their favor in 1998, overturning the CUP, and the case was settled in September of 1998. Although CKS did experience a growth spurt in the 1990's, membership levels have since remained steady. We have been operating in inadequate facilities for many years. Towards the end of 1998, under the leadership of then-President Mark Goldman, we began to see if there were other places we could move that could accommodate our congregation. The search led to the Golden Gate Baptist Theological Seminary, occupying about 100 acres of land on the Strawberry Peninsula. For several years, we engaged the Seminary in a discussion about buying the entire property, as the newly formed Hebrew High School had backers interested in buying the site and turning it into a multi-use facility, and so the high cost of the purchase wasnot~de~rrinAfactQ!,. I70ringthecourse 6ftlienegotlahons, we began to be discouraged about the lack of progress and so turned our eyes to Larkspur. Through some contacts, we met with the owner of the old Niven Nursery site on Doherty Drive, and expressed an interest in buying the undeveloped 17 acre parcel. However, we were too late, as the owner had already optioned the right to buy to a developer who proposed to build housing. We had discussions both with the developer and the city manager about becoming a part of the project, but the developer was not interested and eventually we dropped out of the talks. During this time, the city manager asked us to take a look at the old Escalle site on Magnolia A venue in Larkspur and for a brief time, we did some homework to ascertain whether this site might be suitable for us (eventually, we decided that the physical characteristics of this site were unsuitable for a synagogue.) We eventually came back to the Seminary site, and at the end of the day, the Seminary offered to sell us the site on the condition that we buy it with no option, that is, absent favorable zoning and master plan approvals. Obviously, we were unwilling to do that, I and a few years ago, we stopped meeting with tbe Seminary altogetber. I I At that point, we agreed that our only option was to renovate our existing facility, and to engage in a capital campaign to do so. A building committee was formed to interview and pick an architect, and Sim Van de Ryn was retained (a campaign committee was also ----- formed and began to work to raise money). Shortly thereafter, Sim decided to retire from the day to day business of being an architect, and we retained Herman & Coliver. The Tiburon Neighborhood Coalition also suggests that the EIR should consider the alternative of renting other sites for the observance and celebration of life cycle events. First, we note that the purpose of erecting a multi-purpose room is chiefly religious and educational, NOT to stage raucous parties, as stated by TNC's attorney. In the Jewish tradition, Iifecycle events are considered religious occasions and acquire the decorum that befits such an occasion. The multi-purpose room is designed to accommodate many existing activities that have occurred for many years in our inadequate facilities. Renting another facility is not a feasible solution for accommodating daily activities. Furthermore, CKS has routinely searched for alternative facilities to hold specific large events, such as High Holy Days services, to no avail. The only facility in the county that is large enough to house us is the Civic Center, but Congregation Rodef Shalom uses the theatre and the auditorium is unavailable to us due to previous commitments by the county to established users. We have talked to the owner of the largest theatre in Marin (in Corte Madera) but he is unwilling to close down the theatre for any reason. We have also looked into other houses of worship (non-Jewish) but the ones we saw were either too small, in use, or had too few parking spaces. The Mill Valley Community Center is also unavailable to us as the city's policy is to not let religious services take place there (plus, the building is too small). This fruitless search is quite frustrating and leaves us in the position of having our religious practices compromised. Although CKS has previously detailed its search for alternative locations at public hearings, TNC nevertheless has repeatedly claimed the EIR must describe additional alternatives. As described above, there are no other feasible locations, in Tiburon or beyond, that will accommodate CKS's needs. Sincerely, ff~ )).6.. Ronald D. Brown Immediate Past-President Congregation Kol Shofar Rue; 25 06 02:33p Karen N~gren 415-435-4642 p. 1 1- John and Karen Nygren 22 Paseo Mirasol Tiburon, CA 94920 -, i--'\ il;~;" (, 7' ',\ Scott Anderson, Director of Community Development Ii'! ',- ".-' \ Tiburon Town Council ,Wi[ r\ Tiburon Town Hall ~UL::: ' [\,Uc: L L i i....j 1505 Tiburon Blvd. J Tiburon, CA 94920 PLANNltiG DlVISION ,OWN Of TltJliFION August 25,2006 Dear Mr. Anderson and Town Council members, New information has come to our attention regarding a program of which Congregation Kol Shofar has recently become a participating member. The program is called Synaplex. You will find attached pages, downloaded from the Internet, t11at verifies our statements and descriptions oflhe program, samples of how the program functions at other congregations and an article by Gary S. Cohn stating the results of the program. You can find out more information about Synaplex by investigating its comprehensive website hl1p://www.starsynagogue.orgl We commend the religious community for its desire to attract more people to its program, but wonder why Congregation Kol Shofar has not revealed this information to the Town or Planning Commission at prior meetings and have told thc public and staff they have no plans for growth. We believe it is critical for the Town Council to be aware of the Synaplex program, which Congregation Kol Shofar is now part of, to understand the extensive impacts of such a program on the surrounding neighborhood. The Town must consider how Synaplex and its impacts will be included as part of the Conditional Use Application soon to be beard by the Town Council. Significant new questions need to be answered after discovering this new information. Will these new expanded activities and events be regulated by the existing or potentially new CUP? Will Synaplex activities be considered an expansion of existing activities or events OT be considered new programs and events? If there is, as suggested in these articles) a 50 -80% increase in attendance on Friday nights, and Saturday daytime and Saturday evenings, how will the CUP regulate, if at all, the parking, traffic, noi~e, lights, hours of use and other environmental impacts of this new program, Synaplex? This is new information was not reveled by Congregation Kol Shofar and thus not included in the FEIR analysis. In order to understand the full impacts of the expansion ufthe multipurpose room and a new CUP, Ihe impacts ofSynapJex must be included in the FEIR analysis. This is the only way thallbc Town ""d Town Council can be able to fully understand the significant impacts of ti,e proposed Congregation KoJ Shofar project on the surrounding quiet residential neighborh:lOd. We strongly urge the Town and Town Cuullcil to invc5tigate and find out the extent of the impacts of the new Synaplex project and hll\!o,' and if tIlt: significant impacts from a potential 50 - 80% increase of attendance by Congrcgal ion Kol Shobr can be mitigated to a level of insignificance, Thank you for your interest in protecti:lg th<: :-;;:side.nts (,1' our Town, 3;nCereIY~~r/"''L O~Jr'~ /fofn;nd K~gren ~ Rue; 25 06 02: 33p Karen N~~ren 415-435-4642 p.2 . anding the Many Dimensions of Shabbat http://www.starsynagogue.orgisynap'eXl .Plex- . "",^',' .,.,.......,. ~~,...." '.\ STAR GAZER fu '~l'.' .. --- -----111III 1 Elul 5766 - Se;lrch L-. _"_ ._ m Newsletter I SiDnu~ Parti., ~ "'r- Abnut:Syn-apleit- Home. >> Synaplex~" SymUllex~Ph"bJ A1lo"m Expandli,g the M~,,;'. :limensions of Shabbat ~--_."..,,-_.....,_.,~,..~.,,~_... ,...... ... ...... Fl\,QS Synaplex'''' is d,~ ~\ned to trar ,,~ contemporary American synagogue from an a__." _,...'~.'~H . ._."~.__._..",-,,.~,.:.~. .K~"~"" institution that ':': :(:aks to iJn iT 'ily limited segment of the Jewish community to CJtherS1A~"rO!ltam$ one that is rele\;,;ot, inspira\ Ild signlflcant. The vision of Synaplex'''' Is for ...... . --.. -.---- .-_.. ,'.:--........ ~ synagogues to qr.)w wIth peol .~ ci", :ey evolve over' time, instead of allowing people to grow out of them. Synagogue~ ';)1"1,;' ,,:e lifelong opportunities for Jewish living, learning A~outSTAR and celebration and place a premiu'" on being part of a pluralistic, multi-generational community. Contact Us Synaplex"" syr, 'Jgues focus r~" i <2rgies on provIding a multitude of difFerent JewIsh experier: 'S un Shabb;. <.Ire characterized by excellence in programming, marketing and ' Inectin') to I 5 and the broader community, both In their tlomQ Shabbat progr,-:I i :1ilH.j and in ',ng they do. View samole SvnaoJex"" materials. .._..~...,-,-,..,_.-_.._...-._------- The goal is nol rely hi cre< innovative programs. Ratherl Synaplex'"" uses programs as (J c:r for sIren J Jewish Identity and. developing communIty. Each piece of the p, ,; ram l~ based .tical experience with synagogues as well as demoaraohic r~search ill the J.:;:, '.ommunlty. Syna-ple*1M prolfides-a powe-rlu.L-<.l:l' I native to how synagogl.les_loQk today~_____ For a limited, .'le, yoUr co ,ion can ;oin the national Svnaolex™ Initiative for' " l'" '\ Learn mor.-' '~llt Syr.lplc-, . he links at left. Bring inspiration to your own congregati(\ \'itli QCn.ctical ' ~. Alrei!ldya Synaplexn4 congregation? Login to access acJ,:J,tional resources, 11 as svnaolex: Celebrate Shabbat! a model for small congn~()~tions. "- - I lo. r- I 0 Re-Envisioning the , 'kJ!: .,.c .L. Syn~gogue: ,_... i .i~,\;,; "...the most provocativel ~,.I most insightful book STAR Res"urCCS Vi:, ->ynaplex'''' Synagogue on Jewisnlife I nave read in years; full of hard tl'Uths we need to hear." -- Harold Kushner MORE>> 10f2 8/2512006 10:34 AM .- Page 1 of 1 Cf. Scott Anderson From: Metz, Tim [ .J Sent: Friday. August 25, 2006 5:21 PM To: Scott Anderson /)IG~ Cc: .... -, ~ .- Subject: KS Facility Usage, the CUP and the new Synaplex Initiative Sr Hi Scott, Thanks for taking Ihe time to talk with me today. I wanted to foliow-up with you to stress how important the whole Synaplex issue is and how even more important it is to get a matrix filled out with current, pre-Synaplex. baseline usage. I know that KS has been resistant to filling out the matrix that I provided, but we definitely need information at this level of detail to truly understand the current facility usage and the baseline of impacts that we currently experience. In addition, we need them to layer in the projected usage so we can qualify and quantify the changes. The significanl ramping up of number and frequency of activities as well as the dramatic increase in number of attendees at events that a Synaplex can bring cause very significant concerns for us. We all feel that even the current CUP would need to be reviewed and revised in light of the new information regarding Synaplex. In addition, these new Synaplex activities cause an even more elevated level of concern regarding what the projected new usage patterns could mean when coupled with the potential of a dramatically expanded facility. Thanks for listening and I hope these concerns can be addressed In the Staff Report. Best regards, Tim Metz ___ - - ___..__________n___ 8/28/2006 f. Town of1iburon . 1505 1iburon Boulevard .1iburon, CA 94920 . P. 415.435.7373 E 415.435.2438 . www.ci.tiburon.ca.us Community Development Department September 1, 2006 Neil Sorensen 950 Northgate Drive, Suite 107 DIG~sr San Rafael, CA 94903 RE: Withdrawal of Ling Precise Development Plan application; File #30302 Dear Mr. Sorensen: The Town of Tiburon is in receipt of your letter dated August 30, 2006 withdrawing the application for the Ling Precise Development Plan. The Town therefore has deemed this application to be withdrawn. We look forward to working with you on a redesigned project as part of a future application to develop this property. We feel confident that a project can be designed that will meet your client's needs and fit well into the surrounding neighborhood. Please contact me at your earliest convenience so we can begin the process of working together toward a successful conclusion for the project. If you have any questions, please contact me at (415) 435-7393. Sincerely, ~A,0.,AI~ Daniel M. Watrous Planning Manager William Verelley 21 Mountain View Avenue Mill Valley, CA 94941 Joe Ling P.O. Box 159 Sausalito, CA 94966 Elliott Grimshaw 113 La Goma Street Mill Valley, CA 94941 " " ,. TOWN OF TIBURON MEMORANDUM p-~ To: Joan From: Dave Subject: July 2006 Tiburon PD Recap for the Digest DIGEST Date: August 29, 2006 Joan, With the retirement of Sergeant Rossi, we now have a new person preparing the Monthly Recap for the PD, Sergeant Shane Ford. This is his first attempt at preparing this document for the Council. Could you please see that this gets included in a future Digest that will be going out soon for me? Thanks! r Cm_, A:/~ ~c~, DAVID M. HUTTON CAPT AlN "... ~ .:~ TIBURON POLICE DEPARTMENT MONTHL Y RECAP JULY 2006 In the month of July, 2006, Officers responded to 572 calls for service and there were 145 case reports filed. The case reports were classified as follows: 78 - FALSE BURGLAR ALARMS. 7 - TRAFFIC RELATED REPORTS. 20 - MISe. REPORTS. 2 - CRIMES AGAINST PERSONS REPORTS. 4 - THEFT REPORTS 2 - V ANDALISIM REPORTS. 3 - FRAUD REPORTS. 10 - LOST / FOUND PROPERTY REPORTS. 1 - MENTAL Y ILL IN CUSTODY REPORTS. 5 - SUSPICIOUS CIRCUMSTANCE REPORTS. 2 - NARCOTIC ARREST REPORTS. 3 - BURGLARY REPORT. 8- DUI ARRESTS. --~RfMES*6AINSTi>ERSONS: --- -- A homeowner on Red Hill Circle walked outside to find a suspect in his vehicle, which was parked in his carport. When the home owner yelled to his wife to call the police, the suspect tried to push his way past the homeowner. The homeowner and suspect engaged in a violent physical fight, with each one landing several punches to the face. The suspect fled on foot just prior to police arriving on scene. There was an extensive search performed by Tiburon police officers and officers from Belvedere P.D., Mill Valley P.D., Sausalito PD., Marin County Sheriffs Office and a K9 officer from Novato P.D. Officers were unable to locate the suspect but they did recover the suspect's cell phone, which he dropped as he fled. Tiburon Police Officers called several stored numbers in the cell phone until they reached someone who was willing to tell officers who the phone belonged to, identifying the suspect. The person even came to Tiburon to show officers where the suspect was living. It turns out the suspect was a 20 year old Tiburon man who had been kicked out of his mother's house and was living in the bushes just east of Red Hill Circle. Officers searched for a couple hours before they found the suspect's camp site. Officers recovered stolen property at the camp site, although the suspect was not there. Officers then started looking for the suspect, who they believed would be in the area breaking into vehicles. --~"...._- -- Officers located the suspect walking on Centro West St. wearing a ski cap, gloves, a backpack full of burglary tools and stolen property, and narcotics. A records check on the suspect revealed that he had numerous arrests in Marin for burglary and other theft related crimes. The suspect was booked into the Marin County Jail. PROPERTY CRIMES: On 07/11/2006, a man walked outside to find an adult male subject in hisgarage. The subject was holding the home owner's tools when confronted. The homeowner asked the subject what he was doing and the subject fled the scene in an older red BMW with loud exhaust. The homeowner waited a couple hours to call police so, needless to say, the suspect got away. On 07/11/2006, an unknown suspect entered an unlocked home in the 2000 block of Paradise Dr. and stole approximately $17,000 in property. The homeowner had gone to the Tiburon Library and was only gone for two hours. This burglary occurred between II :30 AM and 1:20 PM. There are no suspects in this case at this time. MISCELANEOUS REPORTS: On 07-02-2006, 2 juvenile run-aways from a facility in San Anselmo were located at a residence in Tiburon. Tiburon Police returned the juveniles to the facility. On 07/04/2006, Officers responded to drunken male yelling profanities at Sam's Anchor Cafe Security Guards. Upon arrival, the drunken subject, a Mill Valley man, ran from officers but . Vl'a!iquickly <lITested inside Sam's. The subject was booked in-the Marin County Jail for being drunk in public. On 07/05/2006, Officers responded to a bar fight at Sam's Anchor Cafe. Upon arrival, a Chico man, who was reported to be the instigator in the fight, refused to follow the officer's orders. The man was very intoxicated. Officers used the minimal amount of force to gain his compliance. The man was then taken into custody for being drunk in public and resisting arrest. The Man's father then became confrontational with officers as he was also very intoxicated. The father was arrested for being drunk in public and assault on a police officer. On 07/21/2006, shortly after midnight, officers stopped a vehicle for not having license plates. The car was occupied by four adults. As one officer was talking to the driver, the other officer noticed a handgun on the floorboard near the right rear passenger's feet. The passenger was attempting to hide the handgun with his feet. Officer's called for assistance and officers arrived from Belvedere P.D., Mill Valley PD., Marin County Sheriffs Office and Sausalito P.D. All of the subjects were taken out of the car at gunpoint and detained in handcuffs. The gun was retrieved and officers learned that it was a BB gun. The BB gun looked exactly like the side arms carried by the officers. It turns out that the subjects were going to meet a Belvedere man who they wanted to purchase a car from. They were carrying over a thousand dollars in cash on them and had the gun for protection from being robbed themselves. The gun was confiscated and the subjects were identified, cleared of wants and warrants, and released. On 07/21/2006, Officers responded to a report of an intoxicated subject who was drinking alcohol in front of Paradise Burgers at 1694 Tiburon Blvd. Officers arrived and found an intoxicated San Leandro man sitting in a chair fronting Paradise Burgers. The man's blood alcohol content was .208. He was singing to about 2012-14 year old children, who were sitting all around him. Officers ran a computer check on the subject and learned that he was a registered sex offender and was on probation out of the East Bay. The man was not supposed to be consuming alcohol per his probation terms. Officers placed the man under arrest for being drunk in public. As officers were placing the subject under arrest, all the children started to yell "BOOOO" and "Leave the poor guy alone", etc. to the police. Hmmmm, if they only knew. On 07/24/2006, a female home owner was sitting in her living room when an adult male opened her front door and walked into her house. The home owner did not know the man and became very frightened. She yelled at him to leave her house, which he did. The man was later identified as a drug addict who lived near by. This incident is being investigated and it is not known what the man's motives were. TRAFFIC COLLISION REPORTS: On 07/01/2006, a Tiburon man_w~s_(lrivingj1()!lle froIn the aiIport, rt:tumingfromhi~Yacationin______ Hawaii. The man was only a block from home. As he was driving E/B on Tiburon Blvd., approaching Trestle Glen Blvd., the man fell asleep. His vehicle crossed the double yellow lines and crashed into the guard rail. His car bounced off of the guard rail and hit another vehicle head on. The other vehicle was traveling WIB on Tiburon Blvd. Miraculously, there were no injuries in this collision. Both vehicles sustained major damage and had to be towed from the scene. On 07-10-2006, a 15 year old girl had taken her parents vehicle without their knowledge. Needless to say, the girl was unlicensed. The girl left a house party off of Trestle Glen Blvd. with two other juveniles in the vehicle. The girl was traveling at a very high rate of speed down Trestle Glen Blvd. when she lost control of the vehicle. The vehicle went down into the deep drainage ditch on the west side of Trestle Glen Blvd. and the vehicle rolled over. All three juveniles sustained minor injuries. It was determined that the 15 year old driver had been drinking and was legally DUr. A blood test was taken from the girl and she was released to her parents. Charges of Dm were sought through the Marin County Juvenile Probation Department. -.-- On 07-14-2006, a Mill Valley woman was driving E/B on Tiburon Blvd. at San Rafael Ave. She was looking at the anti-war protestors on the corner when she noticed the traffic in front of her had stopped. The woman was unable to stop her vehicle prior to colliding with the vehicle which had stopped in front of her. There were no injuries in this collision. D.D.I. ARRESTS: On 07/04/2006, Officers stopped a vehicle for suspicion of committing auto burglaries on Marinero Circle in Tiburon. A resident from Marinero Circle had reported the suspicious activity. Officers located stolen property in the vehicle and arrested the driver, who was a 17 year old Tiburon boy, for driving under the influence. The 17 year old's blood alcohol content was .11. The stolen property was returned to the owner. On 07/05/2006, a San Jose man was arrested for DUL The man's blood alcohol content was .17, over double the legal limit. The man was booked into the Marin County JaiL On 07/05/2006, a Mill Valley man was arrested for DUI, after an off duty Tiburon Police Officer called an on duty officer to report the driver was "All over the road". The man's blood alcohol content was .17, over double the legal limit. The man was booked into the Marin County JaiL On 07/07/2006, a San Rafael man was arrested for DUI after a citizen reported him as a wreckless driver. The man was unlicensed and his blood alcohol level was .212. almost 3 times the legal limit. The man was booked into the Marin County JaiL On 07/14/2006, a Tiburon man was arrested for DUL His blood alcohol content was .16, double the legal limit. The man was booked into the Marin County JaiL On 07/15/2006, a Napa woman raced past the Tiburon Police Department at approximately 70 miles per hour, passing cars over a double yellow line. This took place in the early evening hours when there was heavy vehicle, bicycle and pedestrian traffic in the area. Once officers caught up to the woman, she refused to stop for the officers. After a while, the woman stopped on Trestle Glen Blvd. near Juno Rd. The woman was very intoxicated and her blood alcohol content was .20, 2 Yz times the legal limit. The woman was booked into the Marin County JaiL On 07/27/2006, a Tiburon man was arrested for D.U.L His blood alcohol level was .116. The man was later released to a sober adult per the Tiburon Police Department's "Community Release Program." On 07/30/206, a 17 year old Tiburon boy was arrested for D.U.L His blood alcohol level was .153; over three times the legal limit for persons under 21. The boy was released to his mother with a juvenile citation. INFORMATION IN REGARDS TO D.U.I.'S: To be arrested for D.U.!., an adult driver's blood alcohol content (B.A.C.) must be at least .08%. For drivers who are under the age of21, the driver's RA.e. must be at least .05%. Ifa driver who is under 21 has a blood alcohol content which is under .05, but at least .01, they are not subject to criminal arrest. In this case, there would be an administrative form filled out by the officer. When that form is sent to DMV, the driver's license would be suspended for a period of one year. -- ----- --------------- - ______ _m___ ---~ Fax -> 4154352438 Diane Crane [acDpi Page 881 Of 887 7. - GtJ/ IJIGEsr . . ~ t,F~:~St)~I~ 1400 K Street, Surte 400. Sacramento. California 95814 Phone 916658 8200F~~~c~F,ft~CEIVED I . CITIES FOR YOUR INFORMATION ! ~U~ 2 2006 I TOWN CLERK August 28, 2006 TOWN OF TIBURON TO: Mayors, Council Members. City Managers, Finance Officers. Public Works Directors, City Clerks (Please Circulate!!) FROM: Dwight Stenbakken, Deputy Executive Director Patrick Whitnell, Assistant General Counsel RE: Important Infonnation on California Supreme Court Decision: Bighorn-Desert View Water Agency v. Verjil, Kelley In a case handed down on July 24. 2006. the California Supreme Court has held for the first time that water service rates are subject to Proposition 218. While the Court's ruling only specifically covered water rates, its reasoning would likely also apply to sewer rates and government proVided refuse collection rates. The attached "Q&A" is intended to respond to questions that city officials are likely to have about this decision ':Auq 28 2ooE. 18:48:44 Via Fax -) 4154352438 Diane Crane Iacopi Page 002 Of DO? 1# "" Bighorn-Desert View Water Agency v. Verjil, Kelley In a case handed down on July 24, 2006, the California Supreme Court has held for the first time that water service rates are subject to Proposition 218. While the Court's ruling only specifically covered water rates, its reasoning would likely also apply to sewer rates and government provided refuse collection rates. The following "Q&A" is intended to respond to questions that city officials are likely to have about this decision. The California Supreme Court's Decision Ql. What dId the Califarllla Supreme Court decIde? AI. The Supreme Court decided that (1) rates for domestic water service delivery to an established customer are property-related fees subject 10 the procedural and substantive requirements of Proposition 218; (2) an initiative can be used to reduce or repeal property- related fees; but that (3) Mr Kelley's initiative was invalid because it required voter approval for future rate increases tn conflict with provisions of Proposition 218 that exempt water rate increases (as well as increases in rates for sewer services and government- provided refuse collection services) from the voter approval requirements that otherwise apply to property-related fees. Q2. What did the Court say about usmg the illltiative to reduce water rates? A2. The Court held that Proposition 218 allows taxes, assessments, and fees or charges to be reduced or repealed by an initiative. Although it did not decide whether the "fees or charges" that could be repealed by an initiative included fees other than the .. property- rel_"~'f<o~s and cJ1ar~~4efmed by AnicleXIUD oftlae measure,th"Courtmade clear that the initiative power covers no less than the property-related fees and charges defined by Article XIIID. Thus, all property-related fees - including those for water, sewer, and government-provided refuse collection - may be reduced or repealed by an initiative measure. Q3. Why dId the Court conclude that rhe Agency's water rate was subJecr to Proposition 218? A3. The Court held that since domestic water delivery through a pipeline is a property- related service essential to most uses of property, the Agency's water rates are property- related fees subject to the procedural and substantive provisions of Article XIIID because they are imposed for the property-related service of water delivery' Q4, What was the baSIS of the Agency's argument that the mltlative was unlawful? , I I I The Court specifically disapproved Howard JaTVIs Taxpayers Association v Ciiy olLos Angeles (2000) 85 Ca1.App, 4" 79, a DIstrict Court of Appeal deCISIon whIch held that consumption-based water rates were not property-related August 28, 2006 2 - - ---,..~---- , Hug 2B 2BB6 1B:49:B9 Via Fax -> 415435243B Diane Crane IacDpi Page BB3 Of BB? A4. The Agency offered two arguments: (1) Setting water rates is within the exclusive power of the Agency's Board and rates are therefore not a proper subject for an initiative because state law charges the water district's board with setting rates at a level no higher than cost and no lower than necessary to pay the operating expenses of the agency, provIde for repairs and depreciation of works, provide a reasonable surplus for improvements, extensions. and enlargements, pay the interest on any bonded debt, and provide a sinking or other fund for the payment of the principal of such debt.' (2) Consumption-based water rates are not "property-related fees" wIthin the meaning of Article XIIID of Proposition 218 and are therefore beyond the initiative power created by Article XlIlC of that same measure. Q5. What deCISIons had the Califorma Supreme Court made on Proposmon 218 and water rates prior to th,s deCIsIOn? AS. In R,chmol1d v, Shasta Commumty Services D,strIcr the Court considered whether a water service connection fee was a fee or charge within the meamng of Proposition 218'5 defimtion of "fee" or "charge" in Article XlIlD4 The Court concluded that connection charges are not property related fees because they are triggered by voluntary decisions to develop property and not by mere property ownership. However, relying heavily on the LegIslative Analyst's ballot pamphlet analysis of Proposition 218, the Court suggested that water delivery service is a property-related servIce because water is indispensable to most uses of real property. S Because water dehvery charges were not in issue in the Richmond case, many local government lawyers did not view that language as a bindmg holding. What legal requirements apply 10 imposing or increasing a water, sewer, or government-provided refuse collection service fee? Q6. What prOcedural provisions of Article XJIJD apply to rates for water, sewer al1d govemme/1t.prov,ded refuse collection serVIces? A6. To comply WIth Prop. 218, an agency imposing or increasing such a rate must do the following: . Identify the parcels upon which the fee will be imposed; 2 Stats 1969, ch 1175 ~ 25. P 2286. 72B West's Ann, Wat-Appen (1995 Ed ) ch 112. P 203 '(2004) 32 Ca14~ 409 4 "Fee" or "charge" is any levy other than a tax or an assessment "Imposed by an agency upon a parcel or upon a person dS an incldent of property ownership, including a user fee or charge for a property related servIce," 5 The Court noted, however. that not all water servIce charges are "fees" or "charges" WIthin the meaning of Proposition 218 A fee for ongomg water service through an existing connectlOn is a property-related fee subject to PropoSlllon 218 However, a fee for making a new connection to the system is not a property-related fee subject to PrOpOSItIon 218 because it results from the owner's voluntary deCIsion to apply for the connection Note that a fee for a service such as meter repa.ir is simIlarly not a property-related fee. Similarly, service charges to turn off an account, turn on an account. late charges. fees for duplIcate bIlls, etc are not governed by Proposlllon 218 because they are not charges for ongomg water service through an eXisting connectIon but fees for optional services not tequlred fot baSIC water service August 28. 2006 3 Aug 28 28B6 18:49:37 Via Fax -> 4154352438 Diane ~rane lacDpi Page BB4 Of BB7 , . Calculate the fee; . Provide written notice by mail to the record owner of each parcel upon which the fee will be imposed;' . The notice must include the amount of the fee; the basis upon which the fee was calculated; the reason for the fee; and the date. time. and location of a public hearing on the proposed fee; 7 . Conduct a public hearing not less than 45 days after mailing the notice; . At the public hearing, consider all protests againsl the fee . Ifwrrtten protests against the proposed fee are presented by a majority of owners of the parcels, the agency may not impose the fee. If wrrtten protests against the proposed fee are not presented by a majority of owners of the parcels, the agency may impose the fee. Voter approval at an election is not required to impose a fee for water, sewer. or refuse collection. Q7. May an ag~ncy provid~ notic~ of the requir~d public h~armg With the billfor service? A 7. Yes, but there is some quesl10n as to whether notice to record owners of property (i.e., those listed on the tax roll) who do not pay for service (as, for example, where their tenants do) must also be given notice. "Record owner" is defined as the owner of a parcel whose name and address appears on the last equalized secured property tax assessment roll, or in the case of any public enlity, the representative of that public entity at the address of that entity known to the agency (Government Code Section 53750(j)). However, Article XIIlD, Section 2(g) provides "property ownership shall be deemed to include tenancies of real property where tenants are directly liable to pay the assessment, fee, or charge in question." Government Code Section 53750(i) states that "notice by mail" means any . __notice.d required b}'_IProp~21&J.that.is..accompJished through a-mailing, postage prepaid; deposited in the United States Postal Service and is deemed given when so deposited. Notice by mail may be included in any other mailing to the record owner that otherwise complies with [Prop. li8} and this article, including, but not limited to, the maIling ofa billfor th~ collection of. a properry.relotedf~e or charg~." (Emphasis added.) Based on these authorities, many agencies include nolices in utility bills. The League of California Cities, in conjunction with ACW A, CASA, CSAC and CSDA, is discussing legislation that would amend the Proposition 218 Omnibus Implementation Act to allow notice by mail errher through the utility bill or with reference to the last equalized secured property tax roll rather than both, Q8. What are the substantive provIsions of Article XIIJD that apply to rates for water, sewer and government-provIded solid waste collection services? A8. Such rates must comply with all of the following requirements' . Revenues derived from the fee may not exceed the funds required to provide the service; · See Question 7 below 7 Where the amount of the fee depends on the amount of service to consume, like a metered water rate. It would appear to be suffiCient to prOVide the rate table or formula August 28, 2006 4 - . Rug 28 288~ 18:58:84 Via Fax -) 4154352438 Diane Crane Iacopi Page 885 Of 887 . Revenues derived from the fee may not exceed the proponional cost of the service attributable to the parcel; . The amount of the fee may not exceed the proportional cost of the service attributable to the parcel upon which the fee is imposed; and . The fee may not be imposed unless the service is actually used by, or immediately available to, the owner of the property In essence, rates cannot exceed the cost of providing service and rate revenues cannot be transferred out of a utility fund, especially to a general fund, except on the basis of a cost rationale, such as a cost allocation plan or on the basis of a study showing that utility operations impose costs on such general fund services as public safety and street maintenance Questions for Another Day Q9. What Issues were left undecIded by the Court? A9. Two important questions were left for another day: (I) Are the voters acting by initiative subject to state laws which require the rate-setting body to set rates high enough to cover the costs to provide an adequate and safe water supply? The Court noted this question and said that it was not deciding whether voters acting by mitiative can be held to such rules. In general, the voters acting via mitiative have no more power than does the legislative body itself (2) Are the voters acting by initiative subject to rate covenants in revenue bond issues under which the bond Issuer/rate-setting body has promised revenue bond holders to maintain utility rates high enough to maintain the utility's infrastructure and to pay the interest and principal of the bonds? The Coun did not address thiS question at alL However. rate covenants are protected by the impairment of contracts clause of the federal constitution. An initiative that violated a rate covenant would likely be held invalid. Background 10 the case Ql0. Who are the parties to the case? AIO. The BIghorn-Desert View Water Agency is a special district formed under the Bighorn Mountains Water Agency Law' The Agency provides domestic water service to residents in a roughly 42.square-mile area north of Yucca Valley in San Bernardino County, Karl VerJil is the Registrar of Voters m San Bernardino County. The Registrar of Voters (acting through its Interim Registrar, Sharon Beringson) certified the initiative which became the subject of this litigation E. W. Kelley is a resident of San Bernardino County and the proponent of the initiative which became the subject of this litigatIOn. 'The Bighorn 1vI0untallls Water Agency Law was enacted III 1969. The Agency acqUired its current name after consol1dal1on III 1989 With the Desert View Water D.stflct August 28,2006 5 Aug 28 2BBo 18:5B:29 Via Fax -) 4154352438 Diane Crane lacopi Page BBo Of BB? Qll. How dId rhe case ger Horred? All. Me. Kelly circulated initiative petitions to reduce the Agency's water rate and other charges by half and to require 2/3 voter approval for future rate increases. The Registrar of Voters certified the initiative and informed the Agency of its options under Elections Code 9 9310 to either adopt the initiative or submit it to the voters at a special election. The Agency did neither, however. Instead, it filed a complaint in Superior Court asking the court to declare the initiative invalid under California Law. August 28,2006 6 , ,. DESIGN REVIEW BOARD OIG~sr AGENDA TOWN OF TIBURON DATE: 917106 1505 TffiURON BOULEVARD MEETING TIME 7:00 P.M. TIBURON, CA 94920 AGENDA NO.: #15 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. A. ROLL CALL: Chair Bird, Boardmembers Beales, Doyle, Frymier and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR t;----WMain Streetu ----Abrams/Zelinsky Sign E. OLD BUSINESS BEFORE THE ROAD 2. 7 Seafirth Place Simple Math, LLC New Dwelling F. NEW BUSINESS BEFORE THE ROAD 3. 71 East View Ave. James Additions/V ariances!Floor Area Exception 4. 5 Rolling Hills Road Western Liability Ins. Additions 5. 4 Warren's Way Argov AdditionsN ariance G. APPROVAL OF MINUTES #14 OF THE 8/17/06 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT "PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** ~ DIGESi NOTICE OF MEETING CANCELLA TION THE REGULAR PARKS & OPEN SPACE COMMISSION MEETING SCHEDULED FOR TUESDAY, September 12, 2006 HAS BEEN CANCELLED. --T-r-J-ENEXT REGUtARLY SCHEDUlED MEETING OF THE PARKS & OPEN SPACE COMMISSION WILL BE TUESDAY, October 10, 2006. . ~~~; Lynn R. Ski . gs, Public Works Arministrative Aide C!.- -h N "t::-. f () t' (,...' ,'rY':~,i DIGEST ~ ~UlH ( AUG 2 5 2006 2345 Spanish Trail Rd. OIRECTOR OF PUBLIC WORKS Tiburon, Ca. 94920 TOWN OFTIBURON August 25,2006 Dear Troy, I thought you and the City Engineer would appreciate hearing something good about the undergrounding going on in our neighborhood. The foreman-- and the workers I have encountered have been very pleasant and accommodating . As you are well aware, our streets are very narrow and they have been as helpful as possible. We are anxious for the project to be over, but I do think most of the neighbors are focusing on the outcome and not the inconvenience. Yours truly, LlJ/<E0 - Anne Drew 435-3978 n . up.Sou-SmaH thought-;-When-thefinalpaving is -done can anything be dnneabout .... the "Bernal curb" and the very deep gutter on the North side of the street? . i