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Home My WebLink AboutTC Digest 2006-08-25 1) Invitation to TOT LOT Grand Re-opening - Sunday, September 24,2006 2) Correspondence from Chamber Re: 3,d Annual Oktoberfest - October 13, 2006 3) Correspondence from Mosquito Abate. Dist. Re: Reappointment of R. Smith 4) Corres. from Town Atty. in response to H. Herold Public Records Request 5) Corres. from Marin Co. Hazardous Waste JP A Re: Sept. Board Meeting 6) Tentative Agenda - Town Council- September 6, 2006 7) Agenda - Belvedere-Tiburon Disaster Advisory Council- September 12, 2006 8) Agenda - Board of Supervisors/Transit District - August 22, 2006 9) Action Minutes - Planning Commission - August 23, 2006 10) LCOTHA Homeowner's Association Minutes - August 7. 2006 11) League of CA Cities - URGENT ACTION Request Re: AB2987 Attached Original Separates (Councilmembers Only) 1a) Marin Conservation League - 2005 Annual Report 2a) Invitation - EAH Fall Kick-Off - September 14, 2006 3a) Invitation - Reception at LCC 2006 Annual Conference DIGEST , .-. , ~ *:S , .. - IC'lJiu!~11ld If/IIII allllS8d .;a!lPlll8 ff-c III ".., . .co! III E .... ,:e. - Ol () .. ... to Q.0l o 0 0 alai "01.1. 41 - ,:e. ,:e.- ---.~ -.... al ,,- .Cl0l al- a. -. 0 t: .;.: al.... O'J .Cl - tI! J:.O Ollll. ....- . = 1.0 - . c: .- ,... ...O'J OOlt') - ...1: 0>"" ..... ~ to ..... 0-- J:. Ol · . ,:e. OCllIt:) . 0 (Jill .... .. lIl.Cl~ ~ III III C')..... "C E ~ ::IQ. 0=- .... "OCIl 1:-- .., C 0 C __N _;::1Il CIlJ:. E 0 .... ....... o CIl CD . -..c:;:' I- "- Ol E . 0"0 III o 0 Q.t\l0l If/IIII C .... 0 .c OJ o .. ::I .. II) - ... O'J_ ff-c " CD ::2'" ~ ..c _!!! II) II)Q.Q. J:.::I . c..O C') ~E ....- .... 0 o e 1:"0... ".., o (I) >. OJ ..J I: I: ... . 0::1- III ....-11) 00.. . as Ql .... o III l. - ; "C (1)- oc.. I- J:. ::I -l.CIl -- O'J . .... Ol )0, J:. ... III ll) III .... .... C'" 0. t:OJ J:.elll III t\l l. " i as C.. III rIJ 1-01:1. Q c..= ,,- .. ... 0 0 "Cl>; " o a....J O/S III - ::J "C - " Q)..a" Cl c . ~ .c .- 0 .:::;, -. .... I- I- en en IIIlII!I ~ - ~ t DIGEST RECEIVED August 11, 2006 AUG 1 4 2006 TOWN MANAGERS OFFICE TO: The Town of Tiburon TOWN OF TIBURON FROM: The Tiburon Peninsula Chamber of Commerce Re: Plans to present Third annual Oktoberfest on October 13 The Tiburon Peninsula Chamber of Commerce is planning the 2nd AnnualOktoberfest to be held on Friday, October 13 on Main Street from 6-9pm. There will be food (Bratwurst, hot dogs, German potato salad and sauerkraut), wine & German beer. We will also have the authentic German "oompah" bad for dancing in addition to face painting and the balloon man for the kids. Children are welcome, accompanied by a parent also dogs. The mission of the Tiburon Peninsula Chamber of Commerce is to actively promote the economic development of the Tiburon Peninsula consistent with preserving and enhancing the quality of life in our community. You very kindly donated $2,000 to the Oktoberfest last year and hope we can count on you participation this year. Put on your mountain-climbing boots and lederhosen and join in the Fun Tiburon Peninsula Charnber of Comrnerce . P.O. Box 563 . Tiburon. CA 94920 . 415-435-5633 e-mail - tibcc@sbcglobal.net website - www.tiburonchamber.org MARIN / SONOMA 3 MOSQUITO AND VECTOR CONTROL DISTRICT First Organized District in California 595 HELMAN LANE, COTATI, CALIFORNIA 94931 TELEPHONE (707) 285-2200 FAX (707) 285-2210 BOARD OF TRUSTEES ~ ~~~~w~@ PRESIDENT August 21, 2006 CLAIRE MoAUlIFFE AUG 2 3 2006 BELVEDERE VICE PRESIDENT TOWN CLERK CHARLES BOUEY SONOMA JDWN.GlF :illBIoIaON SECRETARY HENRY FUHS Town Clerk COTATI TAMARA DAVIS Town of Tiburon SONOMA COUNTY AT LARGE 1505 Tiburon Blvd. ANNA SEARS Tiburon, CA 94920 DIGEST SONOMA COUNlY AT LARGE KIRSTEN SULLIVAN CLOVERDALE HEALDSBURG Dear Town Clerk: PAUL L1BEU ROHNERT PARK STEVe AYPJ...A The current tern of Roger Smith, your representative to our District's PETALUMA JOHN -JACK" HEALY Board of Trustees, expires on Dec. 31, 2006. While it is no longer mandated SANTA ROSA CRAIG LITWIN that we appoint a representative to our Board (Healtb and Safety Code: SEBASTOPOl DON MONK Division 3, Chapter 5, Article 3, Section 2240 (d), it is in tbe best interest of WINDSOR KATHARINASANDIZELL-SMITH all concerned to have tbe widest possible citizen participation in tbe District. MARIN COUNTY AT lARGE EO SCHUlZE Mr. Smitb continues to contribute through attendance at local and MARIN COUNTY AT LARGE NANCY BARNARD regional and when possible, state wide meetings where he interacts witb CORTE MADERA FRANK EGGER Trustees from Districts throughout Califorriia and otber states. As an active, FAIRFAX TOM BRADNER interested trustee, he helps us remain a governmental agency tbat is highly LARKSPUR CARRIE SHERRIFJ=..ROSENBERG responsive to tbe public healtb and comfort needs of tbe residents jiving MILL VAlLEY HERMAN ZWART within tbe District. NOVATO WENDY McPHEE ROSS JIM LAMMERS The following information is sent to assist your elected officials in SAN ANSELMO LILA McCARTHY tbe appointment process. Botb sections can be found in Article 3 of tbe SAN RAFAEL SAUSAllTO Califomia Healtb and Safety Code. ROGER SMITH T1BURON Section 2242-43 states tbat "an appointee shall be an elector of tbe ADMINISTRAnON appointing city/county from which they are appointed." MANAGER JAMES A. WANDERSCHEID ASST. MANAGERNECTOR ECOLOGIST RON KEITH www.msmosquito.com and: Section 2245( c) "sets a limit of two years on an initial appointment but allows 2 or 4 year terms on any subsequent consecutive reappoint." Thank you for your prompt consideration of this matter. SinCerelY~ ) f1r7W Mr. Wanderscheid Manager , MSMVCD . , , . , \ , 'f Town ofTiburon . 1505 Tiburoo Boulevard. Tiburon, CA 94920. P. 415.435.7373 F. 415.435.2438. www,ci.riburon.ca.us Office of the Town Attorney (415) 435-7370 August 23, 2006 !<, C:J'\ Mr. Henry Herold ~,~ 2 Davis Drive Tiburon, CA 94920 RE: Request for Public Records Dear Mr. Herold: This is in response to your letter dated August 18, 2006, received by tbe Town on August 21st. You ask that we "send all requested records and documentation," an apparent reference to tbe documents requested in your letter of August 10th. However, I already have informed you oftbe documents in tbe Town's possession tbat respond to your August I Oth r~uest and of tbe cost of obtaining copies tbereof (please see my letter dated August 16 , a copy of which I attach for your convenience). We have no further documents, You can review tbese records by making an appointment witb tbe Town Clerk or receive your own copies by making tbe payment stipulated in my August 16th letter, I must correct one statement in your most recent letter, complaining tbat tbe Town did not allow you rent your unit while you had to provide in-home care to your ailing mother, The Town did grant you such permission by letter dated November 25, 2003 to attorney Catherine Ross Perry. However, tbat permission expired almost 3 years ago. I remind you tbat such permissions are rarely granted and only for short periods of time when necessary to avoid personal hardship. Yours truly, ~U/ ~~-_/- Ann R. Danforth Town Attomey Enclosure cc: ~ce Wolohan, Housing Autbority oftbe County of Marin eidi Bigall, Interim Town Manager Matthew Odetto, Chief of Police Scott Anderson, Director of Community Development Town ofTIburon 0 I505TIburon Boulevard oTIburon, CA 949200 P. 415.435.7373 R 415.435.2438 0 www.ci.ciburon,ca.us Office of the To,,", Attorney (415) 435-7370 August 16,2006 Mr, Henry Herold 2 Davis Drive Tiburon, CA 94920 .. . . .. RE: Request for Public Records Dear Mr. Herold: . .. We received your request for records dated August 10, 2006 on August 14, 2006. The Town has the following documents that respond to your request: . .. I. A sample option agreement from tbe Housing Autbority. Section 4 provides for tbe 4% simple interest alternative formula for calculating re-sale price. 2, An email dated August 2, 2006, from Maurice Woloban explaining the applicability oftbe 4% formula. 3. The August 4, 1987 Option that you granted the Town in purchasing your unit. The first document is seven pages; tbe second is one page. If you would like a copy of tbese documents, please pay Town Clerk Diane Crane $2.00 and she will make copies, I assume that you already have a copy oftbe third document, but if you need a copy oftbat, we can provide one at $.25/page. We do not have any otber documents witb tbe requested. The Housing Autbority may have further records. Your letter indicates that you believe that tbe application oftbe 4% simple interest to your Option is improper. Please note that we are not requiring that you accept that formula. However, if you do not, tbe most advantageous price that you could expect under your Option, absent capital improvements, is $116,671. Also, please note that if you do not choose to sell your unit, you remain bound by tbe owner-occupancy restriction; tbe Option does not allow you to rent tbe unit. Yours truly, 4r// Ann R. Danforth Town Attorney cc: Maurice W oIohan, Housing Authority of lhe County of Marin Heidi Bigall, Interim Town Manager Matthew Odetto, Chief of Police Scott Anderson, Director of Community Development COpy . L~~ HENRY HEROLD ARCHITECT . ...;JJr:'f:.'r RECEIVED ARCHITECTURE - PLANNING Q INTERIOR DESIGN AUG 2 1 2006 2 Davis Drive Tiburon CA.94920 Tel: 415-435-0326 TOWN MANAGERS OFFICE August 18, 2006 TOWN OFTIBURON 1)1. Marin County Housing Authority ~IQ~ Town of Tiburon Marin Board of Supervisors ~S"" Town Council 4040 Civic Center Drive I 1505 Tiburon Boulevard San Rafael, California 94903 Tiburon, California Attn: Maurice Wolohan AttN: Ann Danforth Re: Request for All Documentaion and Public Records BMR Resale. Dear Town and Authority: I am in rec~ipt of the-letter from the Town dated August 2, 2006 which states: "The Housing Authority has added this ''"price floor" to the agree- ments later, always using simple interest, and has adopted the unwritten practice of applying it to earlier agreements such as yours.... I am not able to provide you with a written source of the 4 % simple interest rate, because it comes from the Housing Authority practice." I am also in receipt of the Marin Housing Authority letter of August 16, 2006 whih states: ' " The Housing Authority is not party to the Option Agreement and has no contractual relationship with respect to the property or the Option Agreement." (Letters documenting the Options "clerical error~ administrative, .,supervisory and overseeing role have been previously noted.) , This thalectic duality _' is not conducive to the truth. Which of these assertions are true? Relative to Ms. Danforth's letter of August 16, 2006, I am aware of the Resale Option Article 9, Consent to Certain Transfers: "The Town may elect to waive its right and consent a lease or transfer. The Town shall grant such consent pnly if that Prop- erty is maintained and preserved a housing affordable to eleg- ible middle income purchaserlo' " .... The Town, at its discretion, has leased all the units it purchased over the years, yet, I have not been allowed to lease after showing hardship and just cause providing live-in care in my 92 year old mother's apartment, (Fair Housing Letter enclosed) The Town can !ease as it pleases to its staff and I am allowed only an arChitectural colleaoue as a'robm-mate. This double standa~d in ~ainingleases for the Town while causinq hardship and financial loss to me is not fair and equitable in providino lequal 'protection') Please send all requested records and documentation. ~ours tru~ Encls: Fair Housing Ltr. H~ld ~ mu ~~ FAIR HOUSING OF MARIN 615 B STREET, SAN RAFAEL, CAllFORNIA 94901 .. TEL- 415/ 457-5025 PH- 415/457-6382 Ms. Heidi McVeigh Director of Administrative Services Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 October 24, 2003 Re: reasonable accommodation request for Henry Herold Dear Ms. McVeigh: The purpose of this letter is to request a reasonable accommodation for Henry Herold, who owns a condominium located at 6 Marsh Road, The Town denied Mr. Herold's request to rent out his home. At this time, Mr. Herold asks the Town to reconsider his request in light of the reasonable accommodation provisions of the fair housing laws. As you probably know, federal and state fair housing laws require housing providers to grant reasonable accommodations to afford disabled individuals the full enjoyment of their homes. See 42 U.S.c. 993604(f)(I), (3) (B); Ca. Gov, Code 9912955 (a), 12927 (c)(I). The request here is atypical, in that Mr. Herold's disability is not the basis for the request. Rather, the significant disability is that afflicting his mother, for whom he serves as caregiver. As the enclosed letters from two physicians indicate, Mr. Herold's elderly mother needs 24-hour assistance. Mr. Herold is her caregiver. As his mother needs his full-time assistance, it is Mr. Herold's position that he must reside with her. Although Mr. Herold's disability is not the one at issue, the policies underlying the reasonable accommodation provisions of the fair housing laws dictate that an accommodation is appropriate in this case. The fair housing laws strive to place disabled individuals on an equal footing with non-disabled people; the goal is to eliminate disability from the equation, If not for Mrs. Herold's disability, Mr. Herold would not have to live with her. He maintains that because of his mother's disability, he has no choice but to do so. The fair housing laws cannot sanction.a result under which Mr. Herold must sacrifice his home due to his mother's disability. I understand that the Town has made exceptions in order to permit rentals ili other, albeit limited. circumstances. It would seem to me that the situation here should qualify for such an exception. Although it is not possible to specify the duration of the rental Mr. Herold is seeking, these circumstances cannot persist forever, Indeed, his mother is close to 100 years old, I would expect that once his mother no longer requires his full-time services, Mr. Herold will once again occupy his own unit. Fair Housing of Marin is a county supported agency designed to counter discriminatory practices in housing. Our office investigates complaints of housing discrimination, including those based on race, national origin, religion, gender, familial status, and disability. Cases in which our investigation finds evidence of discrimination may be mediated or referred to HUD, the California Department of Fair Employment and Housing, or to attorneys. Please contact me at your earliest convenience so that we may resolve this matter without further delay. I look forward to hearing from you. Sincerely, cat~ hm-f/My Attorney at Law cc: Henry Herold, client -- r-- DIGEST 5 MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY RECEIVED Belvedere: August 16, 2006 AUG 2 4 2006 George Rodericks TOWN MANAGERS OFFICE To: JPA Board Members TOWN Of TIBURON Corte Madera: From: Michael Frost County of Marin: Re: California Integrated Waste Management Board's September Mattbew Hymel Board Meeting to be held in Marin Fairfax: Linda Kelly On September 12th, 2006, the California Integrated Waste Mangement Board (CIWMB) will hold their September meeting at the San Rafael City Hall. The Larkspur: CIWMB selected Marin as their September meeting location, as they are Jean Bonander scheduled to hear and take action on Marin's 03-04 Biennial Review. This Mill Valley: Biennial Review process will examine Marin's 2003 and 2004 Annual Reports to gauge State diversion requirement compliance and implementation of the Ann Montgomery Integrated Waste Management Plan. The CIWMB staff is recommending their Novato: Board approve Marin's Biennial Review, including certification of 76% (2003) Daniel Keen and 77% (2004) diversion rates. Ross: Additionally, CIWMB staff requested that local staff provide a short presentation Gary Broad as part of their Market Assessment Action Plan (MAAP) pilot program. As part of the CIWMB MAAP program, JPA staff has been working with our CIWMB San Anselmo: counterparts to survey markets for all materials collected for diversion in Marin. Debbie Stutsman The CIWMB intend to utilize the information gathered through the MAAP San Rafael: program to shape their focus on future waste diversion. Specifically, the Ken N ordboff CIWMB MAAP program will identify barriers to market development, identify recycling and reuse infrastructure and obstacles to increasing diversion rates to Sansalito: a goal of zero waste. Dana Whitson CIWMB staff also indicated that their Board wishes to recognize Marin for our Tiburon: assistance in the development of the MAAP Survey and diversion Heidi Bigall achievement. However, the CIWMB's September meeting agenda, including any draft staff reports, has yet to be made available. So, further details of Marin's recognition and the above items are not yet available from CIWMB staff. I will continue to work with CIWMB staff to coordinate JPA interests in their September meeting and notify you via email once mor information becomes available. ~ Cc: Jeff Rawles Haulers and Facility Operators JPA Interested Persons MF:pacF:IWasteIMfrostIJPAlciwmb 091206 JPA,doc Marin County Department of Public Works, P,O, Box 4186, San Rafael, CA 94913 Pbone: 415/499-6647 - FAX 415/446-7373 (p bla TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard ~8~ Tiburon, CA 94920 September 6, 2006 P.M. - Closed Session 7:30 P.M. - Regular Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377, Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www,ci.liburon.ca,us. Upon request, the Town will provide written agenda maIerials in appropriate alternative formats. or disability-related modification or accommodation, including auxiliary aids or services, to enabie individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at Ihe above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Agenda - Town Council Meeting September 6, 2006 Page 2 of4 TENTATIVE AGENDA CLOSED SESSION CALL TO ORDER AND ROLL CALL Councilmember Berger, Council member Fredericks, Council member Slavitz, Vice Mayor Gram, Mayor Smith ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please iimit vour comments to no more than three (3) minutes. CONSENT CALENDAR 1. Approval of Town Council Minutes - August 2, 2006 2. Recommendation by Town Attorney - Response to Marin County Grand Jury Report on Disaster Preparedness 3. Recommendation by Town Clerk - Biennial Update of Town's Conflict of Interest Code (Resolution) 4. Recommendation by Town Attorney and Town Clerk - Adoption of Policy Concerning Use of Public Resources and Ethics Training Requirements pursuant to Assembly Bill 1234 ("Sunshine Bill") 5. Recommendation by Director of Public Works/Town Engineer - Approval of Agreements for As- Needed Engineering Services 6. Recommendation by Chief of Police - Approve Special Event Permit Appiications a) Request by Library Bookmarks' Group - "Blackie's Hay Day" - September 30, 2006 b) Request by Special Olympics/RCP Tiburon Mile - Open Water Swim - October 1, 2006 REGULAR AGENDA 7. Recommendation by Interim Town Manager - Appoint Council Ad Hoc Subcommittee for Library Expansion Plan Property Negotiations 8. Recommendation by Director of Public Works/Town Engineer - Authorization to Change Configuration, Size, and Color of Fountain Piaza Benches Agenda - Town Council Meeting September 6, 2006 Page 3 of4 PUBLIC HEARING 9. Recommendation by Planning Manager - Request for Precise Development Plan Amendment (Cypress Hollow Precise Development Plan) to increase maximum floor area at 40 Monterey Drive Address: 40 Monterey Drive Owner/Applicant: Nasser Kashefi Assessor Parcel No, 034-394-04 10, Recommendation by Planning Manager - Ling Precise Development Application to Create Five Building Sites on a 5.6 Acre Parcel at the end of SIony Hill Road Owner: Joe Ling, et al. Applicant: William Verelley Assessor Parcel No, 055-261-10 11. Report by Building Official -Appeal of Fines for Expired Building Permit and Reactivation Fees Address: 121 Sugarloaf Drive Appellant: Abraham Valentino Assessor Parcel No. 058-313-03 COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS . Town Council Weekly Digest - August 4, 2006 . Town Council Weekly Digest - August 11,2006 . Town Council Weekly Digest - August 18, 2006 . Town Council Weekly Digest - August 25, 2006 . Town Councii Weekly Digest - September 1, 206 ADJOURNMENT - to a special meeting on September 19, 2006 SPECIAL MEETINGS & EVENTS . Sunday, September 3 - LABOR DAY PARADE . Saturday, September 16 - Coastal Clean-Up . Tuesday, September 19 - Kol Shofar Expansion & EIR Appeal (Tiburon Lodge) . Sunday, September 24 - TOT LOT re-opening celebration Agenda - Town Council Meeting September 6, 2006 Page 4 of 4 FUTURE AGENDA ITEMS . JI. Recreation Committee Annual Report - (October 4) . Request by Chamber of Commerce for Contribution to Oktoberfest - (October 4) . General Plan Implementation Annual Status Report - (October 4) . Maintenance of Trees on Town Property at South Knoll . Award Contract (Bid Alternate) for Individual Service Connections - Lyford Cove Undergrounding . "Project Lightspeed" Encroachment Agreement . NIMS (Emergency Management Training) Certification for Town Staff . Abandon Old Easement and Accept new Drainage Easement on Town Property - 6 Mateo Drive . Replacement of Light Standards on Tiburon Boulevard -------- l' DIGEST BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL MEETING AGENDA SEPTEMBER 12, 2006 4:00 TO 5:30 PM TIBURON TOWN HALL 1505 TIBURON BLVD. TIBURON, CA. 94920 . Call to Order . Approval of May 16, 2006 Minutes . Presentations: . Get Ready Disaster Preparedness Presentation - Larry Smith, Get Ready Task Force Chairperson . Committee Reports/Old Business · Marin Grand Jury Report and the City of Belvedere and Town of Tiburon response to it- Tom Cromwell · Reed Union School District - Disaster Preparedness training and drills for the 2006- 2007 school year -Merle Chisholm, R USD Rep. · Belvedere Tiburon Peninsula Field Hospital - where do we stand? . New Business · Introduction of Emergency Services Coordinator, Laurie Nilsen, and description of the job. -Captain Dave Hutton · Introduction of Belvedere Citizen Representative - George Rodericks* · Council history, mandate, and membership. Vacancies? Relationship to Disaster Preparedness Task Force · Compliance with the Brown Act · November 15th Disaster Drill · Meeting schedule - third Tuesday bi-monthIy, 2006-2007 schedule attached · Updating of Resources and Volunteers - Forms and identification card system being updated and implemented . "Amuouncements I Council Member Items . Public Comments . Next Meeting Date - November 21, 2006 4:00pm - 5:30pm . Adjourn * If one has been appointed prior to the day of the meeting r. - -- , 1j. Request approval of program to provide transit support to Homeward Bound clients. Recommended action: Approve. 1k. Consideration of new Transit District Meeting Schedule. Recommended action: Review and provide direction to staff. Adiourn as the Marin Countv Transit District Board of Directors 10:00 a.m. Convene as the Board of Supervisors 2. Board of Supervisors' matters, 3. Administrator's report. 4. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 5, Consent Calendar A (Items CA-1 through CA-6) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 6. Consent Calendar B (Items CB-1 through CB-2) ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) 7. Supervisors Adams and McGlashan requesting resolution authorizing County participation in the "Plug-in Partners" National Campaign to support the purchase and use of plug-in hybrid vehicles. 8. Request from the Community Development Agency and the Departments of Cultural and Visitor Services and Public Works to approve actions related to energy efficiency and photovoltaic projects at the Marin Center Exhibit Hall and 120 N. Redwood Drive, as detailed in staff report dated August 22, 2006. Recommended actions: (a) Authorize President to execute Memorandum of Understanding with the California Construction Authority to provide services for the photovoltaic projects; (b) adopt resolution authorizing the execution of the Photovoltaic Equipment Use Agreement for the Marin Center project and authorize execution of agreement; (c) authorize President to execute Certificate of Incumbency for the Marin Center project; (d) adopt resolution requesting $879,822 from the California Energy Commission to provide financing for the energy efficiency and photovoltaic projects at the Marin Center ($326,477) and 120 N. Redwood Drive ($553,345); and (e) approve related budget actions as detailed in staff report dated August 22, 2006. 9. Request from the Community Development Agency to approve agreements with subcontractors for implementation of the Marin Energy Watch Partnership. (Related to Board action of August 15, 2006.) Recommended actions: Authorize President to execute the following subcontractor agreements: (a) HMW International for $79,960; (b) Strategic Energy Innovations for $162,756; (c) Kenwood Energy for $77,220; (d) Utility Management Services for $26,693; (e) The Energy Alliance Association for $298,704; and (f) Quantum Energy Services & Technology, Inc. for $122,000. Marin County BOS Agenda 2 8/22/2006 ~.~.- -. - _._1 r DIGEST ~~c~ III~D AGENDA FOR AUe . 'OUN 7 8 2006 MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS IO~ANAGfR OF IIBUS OFFIC! RON Agenda items will be heard at the time specified or later. depending on the progress of the meeting. AGENDA Tuesday,August22,2006 Board of Supervisors Chambers, Room 330, Civic Center 8:30 a.m. Convene in Closed Session as the Marin County Transit District Board of Directors 1~. Conference with legal counsel regarding consideration of appointment of General Manager pursuant to Government Code Section 54957, 9:00 a.m. Reconvene in ODen Session as the Marin County Transit District Board of Directors Announcement from Closed Session. 1b. Open time for public expression, up to three minutes per speaker, on items not on the Transit District agenda. 1c. Approval of minutes of the meeting of July 11, 2006. 1d. Board of Directors' Matters. 1e. Transit Planning Manager's Oral Report. 1f, Hearing: Marin County Transit District FY 2006-07 Budget. Recommended action: Conduct public hearing and adopt the FY 2006-07 Operating Budget. 19. Request to develop a program with Golden Gate Transit for transit travel training for the developmentally disabled. Recommended action: Approve. 1h. Authorize President to execute agreement with Marin Airporter to operate three shuttle routes, effective September 11, 2006. Recommended action: Approve. 1i. Request to adopt resolution authorizing State Transportation Improvement Program ("STIP") funding with the California Department of Transportation ("Caltrans") for preliminary design and engineering of a transit hub in southern Novato. (The location of the project is to be determined through a publiC process. The agreement does not specify a site.) Recommended Action: Adopt resolution. ~ g --- ~ rI ..... .... ..... - American sign language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at httD:/Iwww.co.marin.ca.us/efileslBS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at httD:/Iwww.co.marin.ca.us/deDts/BS/Archive/Meetinas.cfin A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. 10. Request from the County Administrator to adopt a resolution continuing the local emergency declarations for the County of Marin, related to recent severe storm damage. in conformance with Government Code Section 8630. Recommended action: Adopt resolution. 11, Request from the Director of Health and Human Services to set hearing date to consider adoption of a resolution revising the charge/rate schedule (increasing rates by approximately 3%) for the Division of Community Mental Health Services Mental Health Plan. Recommended action: Set hearing for September 12, 2006, at 11 :00 a.m. 12. Request from the Health and Human Services Department to accept grant funds from the California Department of Mental Health, in the amount of $2,793,719, for the implementation of the Community Services and Supports portion of the Mental Health Services Act ("MHSA") Proposition 63 funding allocation. Recommended actions: (a) Accept grant funds; and (b) approve related budget actions as detailed in staff report dated August 22, 2006. 13. Request from the Department of Public Works to approve plans and specifications and direct Clerk to advertise for bids for the 2006 Pavement Rehabilitation Phase 1 Project, which involves repairing deteriorated roadways in the southern half of the county. Recommended actions: Approve. 14. Request from the Department of Public Works to approve plans and specifications and direct Clerk to advertise for bids for the 2006 Pavement Rehabilitation Phase 2 Project, which involves repairing deteriorated roadways in the northern half of the county. Recommended actions: Approve. 15. Request from the County Administrator to authorize the President to execute agreement with Tristar Risk Management, in the amount of $1,143,080, for administration of self- insured workers' compensation claims for FY 2006-09. Recommended action: Approve. 11 :00 a.m. 16. Hearing: Ordinance amending Marin County Code Section 2.50.050(b) and Section 2.50.200 of the Marin County Living Wage Ordinance to increase the health benefits allowance by $0.25 per hour to $1.50 per hour, effective October 1, 2006. Recommended actions: Conduct public hearing and consider adopting ordinance. 17. Hearing: Ordinance amending the Marin County Code to establish sunset dates for discretionary commissions and incorporate clarifying language. Recommended actions: Conduct public hearing and consider adopting ordinance. 18. Appointments: a. Airport Land Use Commission One At-Large vacancy due to the resignation of Stanley Loar. Recommended action: Schedule appointment for September 19,2006. b. Assessment Appeals Boards ("AAB") 1 and 2 One term expiration on AAB #1 and one term expiration on AAB #2. Applications have been received from Hugh Marchant (incumbent on AAB #1), Roy Farrington Jones (incumbent on AAB #2), Filia Franco, Jane Morrissey and Edward Pfeiffer. Recommended actions: Make two (2) appointments or select candidates and schedule interviews for September 19,2006. Marin County BOS Agenda 3 8/22/2006 c. Aviation Commission One vacancy representing District 4 due to the resignation of Stanley Loar. Recommended action: Schedule appointment for September 19, 2006. d. County Service Area ("CSA") #33 - Stinson Beach One vacancy due to the resignation of Mary Lowry. Recommended action: Schedule appointment for September 19,2006. e. Disaster Council One vacancy representing the American Red Cross due to the resignation of Jennifer Kelleher. Recommended action: Schedule appointment for September 12, 2006. f. Marin Community Foundation Board of Trustees One term expiration for the Representative of the "Poor and Needy" (Lois Moore, incumbent). Recommended actions: 1. Establish a 5:00 p.m. deadline on Friday, September 22, 2006, for submission of applications. 2. Schedule October 10, 2006, to select applicants for interviews. 3. Schedule interviews for October 17, 2006, from 3:00 p.m. to 8:00 p.m. g. Marin Countv Hazardous and Solid Waste Manaaement Joint Powers Aaency ("JPA") - Local Task Force One vacancy for a Public Member to be appointed by the Board of Supervisors due to the resignation of Gloria Duncan. Recommended action: Schedule appointment for September 19, 2006. 19. Closed Session: Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of Potential Cases: Two (2), Reconvene in Open Session Announcement from Closed Session. 1 :30 p.m. 20. Appointments: Human Riahts Commission Four At-Large term expirations. Applications have been received from Aref Ahmadia (incumbent), Thomas Anderson, Marna Cohen (incumbent), Raphael Durr (incumbent), Frank Gold, Ron Greene, Pam Martin, Maureen McManus and Peter Richmond (incumbent). At the August 1, 2006, Board meeting, Supervisors nominated all the applicants to return for interviews, Recommended actions: Conduct interviews and make four (4) At-Large appointments. ******** *** ******** *** Marin County BOS Agenda 4 8/22/2006 ----.-- 1-- CONSENT CALENDAR A (Items CA-1 throuQh CA-6\ ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) CA-1. Community Deyelopment Aqency: Request to waive Building and Safety Division fees, in an amount not to exceed $5,500, for the Bolinas Community Land Trust affordable housing duplex. CA-2. County Administrator: a. Authorize President to (i) execute a Second Amendment to agreement with Kappe+Du Architects LLP, extending the term to October 31,2006, with no increase in contract amount; and (ii) execute a Second Amendment to agreement with Ann Ludwig, extending the term to October 31, 2006, with no increase in contract amount, related to the Health and Wellness Campus planning efforts. b. Authorize President to execute agreement with The Permanente Medical Group, Inc., in the amount of $200,000, to provide pre-placement physicals, fitness for duty physicals, workers' compensation claim-related medical treatment and workers' compensation claims-related ergonomic evaluations/examinations. c. Authorize President to execute agreement with Management Partners, Inc. in the amount of $59,950, to conduct an organizational assessment of the Marin Housing Authority. CA-3. Health and Human Services: NOTE: Agreement in item CA-3 is a renewal of an existing agreement that was included in and funded in the FY 2006-07 budget. Authorize President to execute FY 2006-07 agreement with MV Public Transportation, Inc., in the amount of $80,000, to provide a flexible route shuttle service for County residents traveling between the San Rafael Transit Center and the Marin County Social Services facility located at 120 North Redwood Drive, San Rafael. CA-4. Information Services and Technoloqy: Authorize President to execute agreement with Media Interchange, in the amount of $91,200, for video production support of Board of Supervisors, Planning Commission and other public meetings and to manage content for the County's G Channel. CA-5. Public Works: a. Approve temporary closure of the 100-200 block of Drake Avenue between Donahue Street and Terrace Drive in Marin City on Monday, September 4, 2006, for an annual Blues and Soul Party. b. Request to adopt Resolution No. 2006 -_ establishing local support for the Marin City Transit Hub Improvement project. c. Request to adopt Traffic Resolution No. _ prohibiting parking on portions of Manor Road in the Kentfield area. d. Approve purchase and installation of 43 Mobile Data Computers ("MDC"), from CDCE, Inc. of Yorba Linda, CA, in an amount not to exceed $454,500 (covered by grants) by piggybacking on the San Miguel Consolidated Fire Protection District Contract for installation in Marin County Fire Chiefs Association ("MCFCA") command vehicles. Marin County BOS Agenda 5 8/22/2006 CA-6, Treasurer: Request to confirm appointment of Mark Riesenfeld as Public Member of the Treasury Oversight Committee. CONSENT CALENDAR B (Items CB-1 through CB-2) (4/5 vote reauired) ("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to budgetary matters.) CB-1. Auditor-Controller: Request from the Auditor-Controller to adopt Resolution No. 2006- authorizing temporary transfer of funds, in an amount not to exceed $5,982,740, to the Southern Marin Fire Protection District for meeting obligations incurred for maintenance purposes for FY 2006-07. (3/5 vote) CB-2, Library: a, Request from the Director of County Library Services to: (i) accept contribution in the amount of $500 from R.J. Brunner; and (Ii) make related budget adjustments as detailed in staff report dated August 22, 2006. (4/5 vote) b. Request from the Director of County Library Services to: (i) accept contribution in the amount of $1,500 from the Friends of the Civic Center Library; and (ii) make related budget adjustments as detailed in staff report dated August 22, 2006. (4/5 vote) c. Request from the Director of County Library Services to: (i) accept contribution in the amount of $2,000 from the Bolinas-Stinson Beach Library Improvement Society; and (Ii) make related budget adjustments as detailed in staff report dated August 22, 2006. (4/5 vote) d, Request from the Director of County Library Services to: (i) accept a Bill & Melinda Gates Foundation Public Access Computer Hardware Upgrade Grant, in the amount of $19,500, for the Marin City and Bolinas Libraries; and (ii) approve related budget adjustments as detailed in staff report dated August 22,2006. (4/5 vote) Marin County BOS Agenda 6 8/22/2006 I, , TOWN OF TIBURON 7 t;. PLANNING COMMISSION tJi 1505 Tiburon Boulevard Tiburon, CA 94920 ~ Action Minutes - Regular Meeting August 23, 2006 - 7:30 PM ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act. if you need special assistance to participate in this meeting, please contact the Planning Department Secretary at (415) 435-7390. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting, AVAILABILITY OF INFORMATION Copies of all Planning Commission Agendas, Staff Reports, and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and Staff Reports are also available on the Tiburon website (www.cLtiburon,ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on agenda items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s), TIMING OF ITEMS ON AGENDA While the Planning Commission attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order, No set times are assigned to items appearing on the Planning Commission agenda, AGENDA CALL TO ORDER AND ROLL CALL At 7:30 PM Present: Chairman Fraser, Vice Chairman Aguirre, Commissioner Kunzweiler, Commissioner O'Donnell Absent: Commissioner Collins, ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration andlor placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. There Were None Action Minutes - Planning Commission Meeting . August 23, 2006" Page 2 COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1, END OF STONY HILL ROAD; LING PRECISE DEVELOPMENT PLAN (PO #24) TO CREATE FIVE BUILDING SITES ON A 5.6 ACRE PARCEL; Joe Ling, et. aI., Owners and Applicants; Assessor's Parcel No. 055-261-10. The Planning Commission will consider making a recommendation to the Town Council on this application. Recommended Conditional Approval of a 2-lot Alternative (4-0) DISCUSSION ITEM 2, 2240 CENTRO EAST: STATUS REPORT ON A TEMPORARY CONSTRUCTION STAGING AREA FOR LYFORD COVE UTILITY UNDERGROUNDING PROJECT Discussed Item: No Action Taken ADJOURNMENT At 9:55 PM a030B06 LYFORD's COVE OLD TIBURON HOMEOWNER'S ASSOCIATION (0 '~ ~.L '.... . ~,." Lyford's Stone Towen889 ~, ~ ~:,_~<:~,' N ationa] Regi~ter of Historic Places, .-,--:--- ......-r' r Washmgron,D.C. '::'.~~~: . " 7f 11,1, RECEIVED, . .,," fl,:, l' LyfordsCove-OldTlburon . .' llll . ;; AUG 2 2 ZlBOOmeowners Association CLCOTlIA) . .-' ""\ ,; 98 Main Street #634 , C,; .~. ... " ..0:""',' ,J. , TOWN MANAGERS OFFICE Tiburon CA TOWN OF TIBURON ' MINUTES OF THE LCOTHA BOARD OF DIRECTORS - August 7th 2006 The meeting was called to order at 7PM by Bill Lukens, President, Attending: Diane Lynch, Phillipa Criswell, Frank Buscher, Helen Lindqvist, Todd Moody, Alice Fredricks, Susie Cattell, Bob Dagley, Pat Montag, Chris Benediktsson, Madeleine Wood, Kell Larsen. Minutes November '05 and February '06 approved as amended. Correction: Susie Cattell is on the Social Committee TREASURERS REPORT/ MEMBERSHIP: Kell Larsen: Bank balance is $5,492.46. Spending is mostly within the budget heading into the September 24th Garden Party, The approved budget assumes a $955.00 shortfall, but the annual dinner party expenses were $507.95 less than budget and several of the budget categories have not yet been expended. At this point, it appears likely that the expense side of LCOTHA's budget is OK. Paid membership however is still below expectations. We have approxi- mately 100 paid members. We need 140 paid members to meet budget. Next meeting will be Monday November 6th at the council chambers, Town Hall. SOCIAL: Please join us at our fall garden party. Send in your $10.00 to 98 Main Street #634. This year we will gather at the LANDMARKS ART AND GARDEN CENTER SUNDAY, SEPTEMBER 24TH 2006 from 5PM to 8PM. This is a wonderful opportunity to meet and visit with our neighbors, Please contact Susie Cattell 435-5612 if you'd like to help, more details to come. EMERGENCY PREPAREDNESS: Stepanie Regan reports (by email) that Get Ready training will resume in September and information on classes will be posted at www.getready94920.org. LCOTHA attendees totaled 95 households out of 485 homes/apartments. Which was only a 20% attendance, The Block Captains will meet shortly to look at holding training sessions for only Old Tiburon residents. Possibly including a pot luck dinner prior to the training so neighbors can meet each other as well as be trained. More will follow later. PA THS Upper Raccoon Lane needs work. Pat Montag will contact the town engineer for an update and to lobby for badly needed maintenance. Bill Lukens suggested that a discussion of paths should include concerns about the condition of Tibu- ron's road system. For example, the pavement on parts of Mar West or Mar East are embarrassingly poor, and in need of renewal. Many roads in the town are frankly poor, and reflect badly on our town. Alice commented that with limited monies, only the most cost effective repairs can be made, and that doesn't always include the worst streets. She also noted that the entire undergrounding area will be resurfaced when the undergrounding project is finished, in addition to those roads on the pavement management list. Todd Moody volunteered and subsequently appointed to include street concerns as part of the Path Committee, LCOTHA will provide the Town feedback and encouragement to adequately address this issue. pago I LYFORD's COVE OLD TIBURON ENVIRONMENT AU ARCHITECTURAL REVIEW LCOTHA Board members regularly attend the Design Review Board hearings on behalf of LCOTHA neighbors. Projects currently under review or at the planning commission hearing stage: . Caprice Restaurant Second Story Expansion is currently designed to hold 60 more people and a banquet room: The Conditional Use Permit (CUP) was not approved, so the design was not reviewed in depth, The Planning Commission did not approve the CUP application. That decision was appealed by the owner. The Town Council has formed an ad hoc committee (Miles Berger, Alice Fredericks) to study the issue. Initially the subcommittee requested the applicant to test run some current events at the Ca- price with the proposed parking restrictions. These include shuttling guests from the Bank of America parking lot and looping the shuttle down Paradise Drive, Solano, and Mar East instead of the current U- turn in the Caprice area. LCOTHA members have safety concerns with the current parking system: Valet cars that are left on the street in front of the restaurant do a U-turn on a blind curve to park. This is a big safety issue for motorists, bicyclists and pedestrians who negotiate these blind curves. The cur- rent status of the project is unknown, since a new application may be filed. We need input from LCO- THA membership on this. (Read the full Town Council Minutes on the Town's website _ www.cLtiburon.ca.us). LCOTHA members Pat Montag, Helen Lindqvist, and Bill Lukens will coordinate with Pt. Tiburon Homeowners Association. . Under grounding: (LCOTHA) The Lyford Cove special district undergrounding is underway. The contractor is almost finished with Centro East and will shortly move on to Mar East. Gus Strotz, 2070 Centro East, wrote LCOTHA to make homeowners aware to check the breakdown of their under- grounding bills carefully. The unit amounts need to be the same as in the base contract and to look at the share of mobilization and cost increases portion. The town engineer will respond to Gus in writing. (Centro West) Pat Montag received congratulations and official commendation for spearheading the successful Centro West undergrounding project. . Lights on Downtown: Change-out of downtown fixtures to poles that can support down lighting is on the Town Council agenda in the near future. Fountain Plaza Progress: Setbacks on this project included PG&E additions-moving high pressure gas lines, upgrading of transformers, material problems, cost overruns. Town is paying for increases in in- frastructure. Estimated completion - End of October. Paradise Drive Road Repair: Estimated completion - End of October HISTORICAL The 100th year anniversary for the Golden Fairfax Railroad is next year. The Town Council has approved a statue of Sam Chapman to be installed in Ferry Plaza. Sam Chap- man's father lived at 1805 Mar West. Sam's father divided it into 3 units. Somehow in the interim, six utility services were installed, and at least five dwelling units are currently available for rent. Concern was raised about "grandfathered" units that might be a problem for the fire department. Many houses have added units over time, many without permits. The board discussed the need for diligence with the town permitting process to make sure that renovations which add units are properly permitted. LIBRARY Madeleine Wood reported that the very popular Belvedere Tiburon Library Agency expansionlnew addi- tion project is moving into its second phase. Currently a 20-25 yr needs assessment study is underway which will be the planning document. Fundraising is necessary and underway. There is no "design" yet, but design concepts are being explored, There will be public discussion meetings in the fall. The cur- rent vision of the ideal library will have an enlarged children's' room, a youth room, a technology center, the "meeting room" will double in size, plus adequate office space, storage space, and the other listed space needs. Library information can be accessed at www.thelibrary.info. Looking Ahead: Belvedere Tiburon Garden Tour set for May 2007: Docents needed Please call Pat Montag 435-5223. Some lovely hillside gardens are scheduled. - 2 Auy Z5 ZBB6 16:46:34 Via Fax -) 415435Z43B Alex D, McIntyre Paye BBI Df BBB DIGEST II ~ LEAGUE 1400 K Street, Suite 400. Sacramento, California 95814 ~ C J^fTfs Phone 916.6588200 Fax 916658.8240 ~~~~~y.~:.~:.:~S,:.,~1:l:.~::.;;,,~}n~ URGENT - PLEASE TAKE ACTION TODAY! Page 1 of B DATE August 25, 2006 TO Mayors and Councllmembers, City Managers FROM Anthony Thomas, Legislative Representallve DVllght Stenbakken, Deputy Executive Director RE One Last Push on AB 2987 (Nunez/Levine) Two Hundred.Nine Amendments and Counting. DO THEY REALLY KNOW WHAT'S IN THE BILL? ACTION NEEDED: Please CALL your senator8 and assembly members about AS 2987 (Nunez/Levine), Aak them if they really know what's in this bill. And if they can't explain it, ask them to vote NO! Attachments: Talking Points, p. 2; League Floor Alert, p. 3; Senate Floor Analysia, p. 5 BACKGROUND. We've been writing you about AB 2987 and telecommunicallons reform for months now We know that we have asked you on more than one occasion to call your legislators and urge them to consider a host of local community Issues With thiS bill It has been a frustrating process -- because the bill IS clearly Intended to help telephone companies II has been dlfflcutt to get the local community Interests considered WHAT'S HAPPENING NOW, The deadline for the Legislature to adjourn ia Thursday August 31"! In spite of the short amount to time remaining, there were 209 new amendment8 placed In AB 2987 on August 22 The deadline to amend bills has been extended to Monday, August 28 - even as legislative staff are working tevertshly on a yet another new set of extensive amendments, technical as well as substantive The bill has to be voted on first In the Senate and then it goes back to the Assembly for concurrence All of this after 1II0nday, Augu8t 28 and before Thur8day, August 31, We are aHachlng to this memo the Senate floor analYSIS on AB 2987 --the document legislators reply upon to understand what a bill actualiy does, It is clear that the person writing the analysis has no idea what's in AS 2987! 1\ the staff doesn't know, or won't tell, what IS In the bllt, how can legislators cast a vote knOWing they have to go back home to their communities and explain It? Also attached IS the League Floor Alert ietter on the bill We're asking legislators to vote NO and bring the bill back again next year to give the Legislature at least some comfort In knowing what they may be voting for. The leHer lists the malor outstanding concerns There are too many additional technical Issues to list ACTION: Please call your Senator and Assembly Member iust one more time and ask them to explain the contents of AB 2987 1\ they can't, ask them to vote NO on the bill and bring It back for proper public debate and consideration next year (Talking POints attached, and available at '!Ij'II'I'C_,lcJllfcoqrrli,JrlyeJCCI.cYI;f;Qler ) 1 Aug 25 299& 1&:47:93 Via Fax -} 4154352438 Alex D. Mclnt~re Page 992 Of 998 AB 2987 Action Alert: One More Push! Talking Points (Please Use These When You Call Your Senator and Assembly Member) . I'm calling about AS 2987 (Nunez/Levine) I (my city) IS strongly opposed to this measure. . AS 2987 is a telephone company-sponsored bill designed to make II easier for telephone companies to compete with cable companies In offenng video and Internet service In California. . The bill is stili being rushed through to a final vote Without the Legislature taking the time 10 analyze whether or not amendments taken on August 22, and new amendments expected on Monday, actually solve the many problems In the bill . These amendments DO NOT address the many issues and concerns we and others have raised With the bill . I am calling fo ask you . Do you know what IS In these amendments? (The Senate Floor analysis is completely Inadequate.) . Can you explain to our city what they contain? Can you explain how you think they address our concerns with cherry,plcking of customers, emergency notificalion proCedures, funding for our PEG channels and I-Net systems, or enforcement of customer service standards? . If you can't explain these amendments, If you do not truly understand the bill, I ask that you vote NO. . ThiS Issue IS deeply Important 10 our community Please, leI's take the lime to do thiS right I . Thank you. 2 Rug 25 2880 10:47:22 Via Fax -> 4154352438 Alex D. Mcintyre Page 883 Df 888 League Floor Alert on AS 2987 (This is whst the Lesgue is sending to all members of the Legislature) August 25, 2006 TO: Members of the Senate and Assembly FROM: Anthony Thomas, Legislative Representative DWight Stenbakken, Deputy Executive Director RE: Telecommunications. AB 2987 (Nunez/Levine): Still a Bad Bill. REQUEST A "NO" VOTE!! AS 2987 is a telephone company-sponsored bill deSigned to make It easier for telephone companies to compete with cable companies In offering video and Internet service In California The bill has to date received unanimous support In every committee and floor vote - In spite of acknowledgements by the author and other legislators that there have been Significant problems with the bill. These problems remain, even with the most recent amendments AS 2987 succeeds in Its goal of helping the telephone companies, but In the process saCfll1cesthe Interests of both California consumers and the communities In which they live We urge a NO vote on ~B 2987, for the following reasons: . It MaAe3 Customer Cherry.PicAing Legal, The bill allom new telecommunications prOViders to self-selecf the areas they will serve, even when that means thaf some neighborhoods will get 21" century service and other neighborhoods In the same city will be left out While there are build-out goals In the bill, they are modest and they do not set long-term goals for the deployment of these serVices Local commUnities have no say In the deployment of these serVices, the telephone companies are given the sole authority to choose wI10 gets the new services illS our fear that in 5 to 10 years, the digital divide between affluent and less affluent paris of a community Will be Increased, as community access to these new services take a back seat to telephone company profits Rural communities are particularly at risk of being Ignored In the deployment of these services . One.Size.Fits.AII Accroach to PEG/I. Net. Public, education and governmental (PEG) channels and Inslltutlonal networks (I-Nets) are the provIsions In local franchise agreements that are the most unlqueiy 'local" In nature AS 2987 attempts to place a 'statewide solution" Into lawto address these local services As With any stateWide solution, telecommunications services Ihat some local commUnities now enJoy are certain to be eliminated In lis current form, AS 2987 will cause many communities to lose thell right to activate PEG access channels thai are In current tranchlses Once again, the community Interesl is left behind for the convenience of telephone companies . Customer Standards Difficult to Enforce, The legislation gives local government the authority to enforce customer service standards, but includes several prOVISions that Will undermine enforcement efforts For example, the fines are also capped at such a low level that some companies may conclude that they are simply another cost of doing bUSiness The bill then reduces any incentive for enforcement by giving away half oj the enforcement fines to the statel 3 Au~ 25 288& 1&:47:58 Via Fax -> 4154352438 Alex D. Hclnt~re Pa~e 884 Of 888 It should be noted that the state did this once before on moving vehicle violation fines, when It took a substantial amount of these fines to help solve one of its frequent fiscal crises The result was fewer moving vlolalion citalions; and, arguably, more dangerous local streets There are also no prOVisions for local agencies to recoup their enforcement costs, potentially creating a further dislncenlive for local agencies to Incur the lime and expense of lengthy lillgatlon to force compliance Finally, unlike many local franchise agreements, AB 2987 does not require a telephone company to keep records of complaints or how they were handled. Local agency enforcement will be severely constrained If this data IS not available . Public Safety at Ri3k with Expiration of Local Emergency Service Notification3. This bill will put communities at risk during serious emergencies, when citizens urgently need Information from local public safety agencies. The amendments allow the expiration of existing local emergency response prOVISions in a.current franchise upon the expirallon of the franchise (even under abrogation), or until January 1, 2009, whichever is later New providers are subject only to FCC emergency response prOVISiOnS; these do not adequately address local publiC safety needs . Why Create a New State Bureaucracy to Pet10rm a Local Function? The bill creates a new, expenSive, and likely growing state bureaucracy wllhin the state Public Utilllies CommiSSion to Issue franchises for companies to provide services in local communities. We believe thiS IS foolish and unnecessary We have repeatedly proposed an alternative that >Mil save the state money, and address many ot the local Issues that witl ineVitably arise >Mth implementation That alternative is to amend AB 2987 to establish the rules for a slate franchise for telecommunicallons serVices, including all the current requirements in the bill regarding deadlines for issuance - but to Issue the franchise at the local level. The expertise to run the new, expedited franchiSing that the telephone companies demanded is at the local level, not the state. Industry could sllll accomplish its goal of "speed-to-market" for its products Without a new state bureaucracy. . One-Sided Abrogation of Local Conlract3. The bill allows local cabte companies to unilaterally break locally negollated franchise agreements. All that has to occur to break thiS contract IS a .tatement of intent from a new entrant (telephone company) that they pl.n to provide service In the same area as a cable company They only have to "intend" to .erve, but in reality they don't even have to actually .ervice one cu.tomerl All of the provisions of a local cable franchise that were negollaled in good faith are automallcally broken With thiS "statement of Intent" Many of the assets and services negotiated on behalf of the communlly in a local tranchlse Simply go away The Legislature has learned harsh lessons about legislation that is passed before a proper public debate has taken place Two hundred nine amendment. were placed in AB 2987 on Auguat 22, with only about 6 working daya left before adjournment on August 31! We understand that more amendments are coming In on Monday, Augusl28, Ihe last day 10 amend bills Telecommunications reform IS a complex Issue that deserves tull publiC review Do you really know what i. in the bill you lie voting on? Your communities and conslltuents deserve to have thiS bill defeated and reexamined again next session. No more promises. We ask for a NO vote on AS 2987' 4 Aug 25 2BB6 16:4B:22 Via Fax -> 415435243B Alex D. McIntyre Page BB5 Of BBB Senate Floor Analysis (This is what the senators are receiving - an inadequate description of this bill) BrLL ANALYSIS ------------------------------------------------------------ ISENATE RULES COMMITTEE 1 AS 29871 loffi=e of Senate Floor Analyse3 1 1 11020 N Street, Suite 524 1 1 1 (916) 651-1520 fax: (916 ) I 1 1327-4478 1 I ------------------------------------------------------------ THIRD READING S1l1 No: AS 2987 Author: Nunez (D) and Lev ine (D) , et a1 Amended: 8/23/06 In Senate Vote: 21 SENATE ENERGY, U. 'C. COMMITTEE : 9-0, 6/29/06 AYES: E."lcutia, Cox, Alarcon, Battin, Dunn, Dutton, Kehoe, Murrey, Slmitian NO VOTE RECORDED: Bowen SENATE APPROPRIATIONS COMl'II:rTEE : 13-0, 8/17/06 AYES: Murre.y, Aane5tad, Alercon, Algui3t, Ashburn, Battin, Dutton, E.9cutia, florez, Ortl Z I Pocchigian, Romero, Torlabwn ASSEMBLY FLOOR : 77-0, 5/31/06 - See la~t page for vote SUBJECT : Cable and vldeo gervice SOURCE : Author DIGEST : Th~9 blll enacts the Dlgital Infrastructure and Video Competltion Act of 2006. ANALYSIS : Curxent law Buthoxizes local government9 to gxant fxanchises to provide cable television service. In awarding a franchise the local government must assure that access to cable sexvlce :s not denied to any group of customers because of their income. Franchise fees may not 5 Aug 25 2886 16:48:39 Vid FdX -> 415435243B Alex D, tlclnt!jre Pdge 886 Of 888 exceed five percent of gro.9.:3 revenue::!. The local franchising authority may require the franchise to provide channel capacity for public, educational, OI governmental use. Current law requires any competitor to an existing cable operator to provide service to the same entire area .. that operator. Thi. bill establishes . framework fOI . state franch1ge to provide video serVlce issued by the Secretary of State. Video .gerV1Ce i.9 broadly defined to include cable .gerV1Ce a9 well 8.9 any other cable-llke service delivered U.91ng the publlC right of way, such a.9 AT&T'::! internet protocol .gerVlce. The franchise provides the holder with the ::same rights to in"tall e.nd maintain the video network eo the telephone companle~. The ~tate franchi~e authorize~ a franchi~e fee of up to fi've percent, p.yable dlrectly to the local government where serVlce i.9 provided and gives local government control over the installation of the video network under the same terms .. telephone corporations. Local government 1. a190 given authority to enforce customer service ~tandards. This bill prohibits discrimination 1n the provision of video serVlce and establi.3hes . 9peciflc .9tandard for satisfying that prohibition. Thi. blll al.o e.tabli.he. .9pecific obligations for building out the video systems by the large" telephone companles. Reports on the progress toward meeting these requirements must be provided annually over two years after the franchise i. granted. Waivers from these requirements can be glven by the franchi.9ing authority under speclfied conditions after public hearing.9. The larger franchi~ee~ mU.9t provide annual report ,on Job, and employment. ThiS bill require3 . franchisee to provide for the .9ame number of public, educational, or governmental channels .. the incumbent cable operator. Additional public, educational, or governmental channels are required if there 1. . demonstrated need. Local governments are authorized to establish . fee to support the capital cost of pub lie I educa tional, or governmental channels and to 5upport institutional network facilities. Backqround The market for television 5ervice 1. dominated by cable. In California, 63 percent of household~ with television5 get their TV from cable, 27 percent from satellite .nd the remainder over the Blr. Advance~ in technology are making additional competition po~~ible in the televi~ion bu~ine.9.9. The indu!ltry he.:!!' evolved from over-the-air broadcast "tations to cable-based 6 _._n_ Rug 25 2886 16:49:83 Via Fax -> 4154352438 Alex D, McIntyre Page 8B7 Of BBB networks to 3atellite-based 3Y9tems. Now telephone compenl.e.3 are able to turbocharge their telephone infrastructure to provl.de cable-like :;:rervices. Telephone company entry into cable markets 9hould be welcomed 89 a way to help lower prlces/ lmprove serVlce quality, and spur innovation. Nothing >n current law bars telephone companies from offering cable serv lee. To do 90 they mU3t go through the same proce~:J.9 for obtaining a local franch1ge 89 the cable operator. Indeed, Verizon hes done 90 In .9ix Celifornia cities. But Verizon and AT&T have argued that the local french19ing process i9 slow and the requlrement that the new franchisee must build to the same geographic area 89 the incumbent cable operator "" eXpen::llve. They argue that revl::llng exi::lting cable franchi3ing law3 "" . nece.5.5ery inducement for them to inve~t in and compete for cable CU!3tomer!3. And thi~ rEl.l~eS the classic public polley question of how to create a level p1ay>ng field between competltors, the subject of this bH1. California has two of the top 10 televlsion markets >n the country, and four of the top 26. Ihth the sixth highest broadband penetration rate of all states at 28.4 percent and 34 million residents, California "" an attractive market for vldeo and broadband serVlce9. Comments It's Not Just TV More competition for cable se!\! lee.3 should be welcomed, H not encouraged. Eut thi.3 bill "" not just about TV. That's because these new video networks will 81.50 provide extremely fast Internet serVlce. The leap from dial-up Internet acce~!3 to broadband created va~t economic opportunities that were ~eized upon by lCOOl::: Callfornia companle9 :luch 09 Google, Yahoo I and eBe.y. These new video network3 can expand the availability of broadband to more parts of the 3tate and materlally .lncrea.ge download speed:! to create even more economlC opportunities:. And a9 the telecommunications companles market the bundle of telephone, video, and h>gh 9peed internet, broadband penetratlon rates 9hould rlse. No Price Wars One would expect competition to lower cable rate9, but 9tatement9 by officer9 of the major telecommunications companle.9 indicate something a blt different. Rather than get lnto prlce war3 over basic cable 3erV lce, the telecommunications companle9 instead intend to market bundles of serVlce (e. g, telephone, video, high-speed internet, and perhap.3 even cellular 3ervice) and offer discounts on the bundle. Advocates for thi9 blll have sugge.:lted savlng:l to cU:ltomer.:l which ore not reflective of the actual market 3trategie~ announced by company officers. 7 Aug 25 2886 16:49:26 Via Fax -) 4154352438 Alex D. McIntyre Page 888 Of 889 fISCAL EffECl : Appropriation: No E"iB'cal Com.: y,," Local: y,," F'iscal Impact (in thousands) Maler Provisions 2006-07 2007-08 2008-09 F'und Cable franchising \1,000 \1,000 S 1, 000 Special ASSEMBLY FLOOR : AYES: Aghazarian, Arambula, 8acB, 8e33, Benoit, Berg, Bermudez, Blake::llee, Bogh, Calderon, Canciamllla, Chan, Chavez, Chu, Cogdill, Cohn, Cote, Daucher I De La :rorre, DeVore I Dyrna 11 y, Emmer-'on, Evan3, Frommer I Garcia, Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shlrl"y Horton, Houston, Huff, Jane.9, Karnette, Keene, Klehs, Koretz, La Malta, I.ra Suer, Laird, LenD, Leslie, Levine, Lieber, Lieu, Liu, Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin, Nakanishi, Nava, Negrete McLeod, Parra, PBvley, Plescia, Richman, Ridley-Thoma.!!, Sharon Runner, RU.9kln, Saldana, Salinas, Spitzer, StIickland, Torrico, Tran, Umberg, Va.rgas, Villine.9, Wa.lter.9, Walk, Wyla.od, Yee, Nunez NO VOlE RECORDED: Natlon, Niello, Oropeza NC:cm 8/23/06 Senate Floor Analyses SUPPORT/OPPOSIlION: NONE RECEIVED ++++ END ++++ 8