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HomeMy WebLinkAboutTC Digest 2006-05-05 TOWN COUNCIL WEEKLY DIGEST Week of May 1- 5, 2006 1) Correspondence from Ann Danforth - re: McCart Court Drainage Problem 2) Correspondence from T.Bassett- re: Del MarUndergrounding & FAQ's 3) Correspondence from T.Bassett - rei Del Mar Undergr. IndividSvc Connects. 4) Correspondence from D.Bernardi - re: Lyford Cove Undergr. Contract 5) Memorandum from Dan Watrous - re: Synopsis of Council/planning Wkshp. 6) Memorandum from Town Clerk ~ re: AB 1234-Ethics Training Requirements 7) Thank You from Redwood High School Grad Night Committee 8) Correspondence from Metz/Jorgensen - re: Kol Shofar Expansion Plans 9) Correspondence from Dr. MSchwartz - re: Lease Law Signage at Blackies 10) Correspondence from Ms. McConnell-Douglass - re: Bus Stop at Neds Way 11) Email from Book Passage -re: Local Retailers & Commun.Bus. Environment 12) Certificate of Recog.- From Congress.Woolsey - re: Protect/Restore Environ. 13) Correspondence from Comcast - rei Equipment Rental Price Adjustment 14) Correspondence from Comcast - re: June 1, 2006 Trouble Call Price 15) Agenda - Sanitary 5 - May 1, 2006 16) Agenda - Marin Parks & Open Space Commission - May 4, 2006 17) Meeting Rescheduling - Marin Healthcare District - for May 9, 2006 18) Agenda - Marin Bd. Of Supervisors - May 9, 2006 Attached Original Separates (Councilmembers Only) 1a) Western City Magazine - May 2006 2a) Free Tax Seminar for Non Profit & Exempt - May 11, 2006 3a) Correspondence from Transportation Alliance - rei Endorse of SMART Train 4a) Invitation - Asthma Benefit Walk - September 30, 2006 Sa) Forum Invitation - First 5 Marin 6a) MTC Report - April 2006 7a) Announcement - AB 1234 Ethics Training & Update on Loc.Govt.Law 8a) LCC Announcement - 2006 MCCMC Academy - July 26-29, 2006 9a) LGC -" Ahwahnee Water Principles" - Water Resource Fact Sheets (. 10wn ofTiburon' 15051iburon Boulevard' Tiburon, CA 94920' P 415.435.7373 E 415.435.243R' www.ci.tiburon.ca.us 'Office of the Town Attorney (415) 435-7370 May 4, 2006 OIG~ .8]- Paul' Smith Mayor ... ....'.......... Mrs. Edna Mitchell Tom Gram Vice 'Mayo! I McCart Court .. ..'...... .'.... Tiburon, CA 94920 Miles Berger Councilmelnber Re: McCart Court Drainage Problem ... .'......."'........ Alice:Fredericks Councilmerriber Dear Ms. Mitchell: .. ............... jeffSlavitz The Town Manager has asked me to respond to your letter of April Councilmember 20, 2006, which asserts that the Town is liable for the McCart Court flooding problem. As you have been advised by multiple Town Engineers, this is incorrect. Water from your uphill neighbors has drained across McCart Court properties since at least the creation of the subdivision in 1967, and probably well before then. The subdivider, your predecessor in interest, designed the subdivision drainage improvements such that water flowed from the street, through a concrete ditch on private property to an outlet on Town property. I understand that this system worked reasonably well until a McCart Court property owner buried the concrete ditch, installing a small catch basin and 4-inch pipe to replace it, without Town permits. The catch basin and a small portion ofthe pipe appear to be within the Town's right of way, but the Town was never notified of and never approved the installation of these facilities. The privately installed, unpermitted, facilities had less capacity than the previous drainage ditch. The person that installed these facilities is the party responsible for any resulting problems, not the Town. Nevertheless, the Town has done what it can to improve the situation, by upgrading the facilities located within the Town's right of way, i.e., the catch basin and the portion of the pipe in our right of way. I have asked the new Town Engineer, Nicholas Nguyen, and Superintendent of Public Works Tony Iacopi, to investigate the situation and consider what more can be done to address the remaining problem. However, you must understand that any remedy will involve repair or replacement of privately owned facilities located on private property. Accordingly, such a remedy will require , . t . Ms. Edna Mitchell May 4, 2006 Page 2 of2 ,,- property owner participation. I hope that this letter is helpful to you in understanding the Town's position. Mr. Nguyen will contact you after he has had an opportunity to review the problem. Sincerely, A/;?~ -...... Ann R. Danforth Town Attorney cc: Town Council, Town ofTiburon Heidi Bigall, Interim Town Manager Nicholas T. Nguyen, Town Engineer Tony Iacopi, Superintendent of Public Works ~. Town ofTIbnron . 1505TIburon Boulevard 'TIburon, CA 94920 . P. 415.435.7373 F. 4] 5.435.2438 . www.ci.riburon.ca.us Department of Public Works 415.435.7354 /)/Gc. Sr April 28, 2006 To Del Mar Valley Property Owners Subject: Proposed Supplemental Assessment Del Mar Valley Utility Undergrounding The Town will hold a second, special Assessment Information Meeting to answer questions for the Del Mar Valley Utility Undergrounding Supplemental Assessment District. on Monday, May 8,2006 6:00 PM In the Tiburon Council Chambers located at 1505 Tiburon Blvd. The purpose of this meeting is to answer questions about the project and it's financing. It is not a public hearing, and Council members will not necessariiy be present. You will also find in this package, a list of Frequently Asked Questions, which may address your questions or concerns. Please remember that on that same evening, Monday, May 8, at 7:00 PM, the Town Council will hold the Public Hearing to take public testimony, tabulate the Assessment Ballots and take final action on the proposed Supplemental Assessment District. Notice of this Public Hearing was provided to you with your Ballot. Anytime before the end of the Public Hearing, you may submit your Assessment Ballot to the Town Cierk. Copies of the Stall Report for the Council Meeting will be available on the Town's website at www.ci.tiburon.ca.us after 5:00 PM Friday, May 5, or can be picked up at Town Hall Monday, May 8, 2006. Department o[Public Works 415.435.7354 Project Schedule If the project is approved, the Town Council could authorize the sale of the supplemental bonds following a 30-day cash payment period and award a construction contract to Ranger Pipelines, Inc. We would anticipate actual construction work starting up sometime during the summer of 2006. Unless the proposed assessment receives approval by at least 50% of the ballots received (weighted by dollars assessed), the assessment cannot be confirmed, and the Assessment District will not be approved. However, if 50% of the ballots received are in favor of the District formation, and the Council confirms the assessment, you may pay all or part of the supplemental assessment in cash right away or allow it to go to bond for not more than 40 years. Individual Service Connections Please remember: the supplementai assessment does NOT include the cost of connecting your property to the new underground system if you currently receive service from overhead wires. Those properties that DO currently receive electric power, telephone & cable via an underground service will not require any conversion work. They will be tied into the new underground systems as part of the District work since their services already are connected to the utility systems outside of their property limits. If Town records indicate existing overhead wires on your property, we will be sending you a package in the next few days addressing the requirements for undergrounding services on your property, including the plat map identifying the location of your existing electric service per our records. If no Individual Service Connection package is sent, the Town did not receive a bid for your property, most likely because no work is required on your property. However, it is your responsibility to verify that you do not currently receive any electric, teiephone or cable television service via an overhead line. If you have any questions or concerns about the undergrounding project, you can always contact me by telephone at 435.7359, bye-mail at tbassett@ci.tiburon.ca.us or visit me at Town Hall. ..... .~ \ ~/\- :> ~ ~- ( ., Troy A. Bassett Project Coordinator DIGEST Town of Tiburon MEMORANDUM ... ... .. . . . . . . . . . . .. .... . .. .. . . .. .. . . ...... . .. SUBJECT: Del Mar Valley Utility Undergrounding Supplemental Assessment District FREQUENTLY ASKED QUESTIONS 1. What is the purpose of the supplemental ballot? The Supplemental Assessment District would provide the additional funding needed to underground existing overhead electrical, telephone and cable facilities to fill the shortfall between available funds (from the initial bond sale) and the cost of construction. The Town Council has stated its preference to allow property owners to vote on whether or not they want to approve a supplemental assessment to fund this shortfall. Under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, the approval of the supplemental assessment district involves substantially the same legal proceedings that were taken to originally form the district, including a mailed ballot, public hearing and vote by the property owners to be assessed. If the property owners approve the supplemental assessment (by a majority vote, weighted by the dollar amount of the supplemental assessment to be levied on each owner's property), the Town will issue an additional series of bonds and sell them to fund the supplemental assessment amount. As with the original assessment district, the Town will give all property owners the opportunity to prepay their supplemental assessment amount in cash before bonds are issued. 2. Why is the project costing more? The cost overrun occurred for a number of reasons; there is no single cause. In a previous Council meeting, the Mayor described the situation as a "perfect storm". To minimize the "start-up" costs of the District, the Town decided to form the initial district (i.e., ballot and bond) based solely on an engineer's estimate prepared prior to detailed final project design. Although the estimate was conservative, it was still too low n a year of extremely unsettled construction costs. Construction materials costs fluctuated tremendously in 2005 due to a number of factors including, but not limited to, oil prices, Hurricane Katrina, as well as the current building boom in China. It has also been reported that contractors are busy and less "hungry" for work, resulting in the Town receiving few bid proposals and high prices. 3. What if the property owners reject the supplemental assessment? If a majority of District property owners vote to reject the supplemental assessment, the Town will have insufficient funds to award a construction contract and will cancel the project. As noted earlier, the Town must weight votes according to the proposed amount of assessment against each property. Property owners should be aware that the Town has already had to expend funds on this project, primarily for design and engineering of the project and the transaction costs of issuing the original series of bonds. If the project is cancelled, the Town will 4/25/2006 FAQs 10f7 Town of Tiburon ..... . . . .. . . . .. . . . " . . ... . . . . . . . . . . .. . ... ... .. 7. How do I know what has been spent? District expenditures are a matter of public record. Additionally, on April 19, 2006, the Town Council amended the Town Policy regarding the formation of Utility Undergrounding Assessment Districts to address the accounting of district funds and the disposition of surplus funds after completion of the project. A copy of this policy is available at Town Hall. As of March 31, the District has paid or committed to the following for this project: For Design and Engineering Harris & Associates $ 263,000 PG&E 80,000 SBC 20,000 For project administration To the Town of Tiburon 55,000 Legal Defense (not covered by donation) 7,500 To Bond Counsel 59,700 To the bond underwriter 94,000 Bond Costs of Issuance 18,800 THE ENGINEER'S REPORT 8. How was my assessment determined? The Disirict Engineer is responsible for recommending an apportionment of the costs to properties which specially benefit from the improvements under State law. The Town appoints the District Engineer to analyze the facts and determine the correct apportionment of the assessment obligation. The preliminary Engineer's Report describes the method of assessment used for the Supplemental Assessment District. The Town used the same method of assessment for the supplemental district as it used for the formation of the original Utility Undergrounding District in May 2005. The Town is not reconsidering this method in the supplemental district process. 9. The assessed value of my property is substantially less than my neighbor's property, but we have been assessed the same amount for the undergrounding district. Why? The amount of the original assessment and the proposed amount of the supplemental assessment are determined based on the total cost of the project which is allocated or "spread" to all of the properties in the district benefiting from the project. The spread formula, which is contained in the Engineer's Report for the District, is based on the determination of the special benefit each property receives from the undergrounding project, not on each property's assessed value. Your property's assessed value is determined under California law, including Proposition 13. 4/25/2006 FAQs 30f7 Town of Tiburon . . . . . . . . . . . . .. . ... .. . . . . . . . . . . . .... . . . . . . . . . . . PAYMENT OF MY ASSESSMENT 13. Can I pay my entire supplemental assessment amount up front? Yes. Whether or not you pre-paid the initial assessment, you will be provided a 30- day period during which you may decide to pay either a part 01, or the entire amount of the supplemental assessment. 14. What does my assessment translate to on my property tax bill? The average annual cost per $1 ,000 of supplemental assessment is estimated to be approximately $55 per year for the next 20 years. Thereafter, it will increase modestly for about the next 14 years. It will be collected on the Marin County property tax bill. Based on an original assessment of $21,717, the approximate original annual assessment payment will be $1,413 for 2006/2007 and similar thereafter. The supplemental assessment that corresponds to that original lien is $14,471. With the intention of minimizing payments for property owners (both current and total), the proposed structure for the supplemental bond is to extend the maturities beyond the current 30 years and gradually increase debt service starting in approximately 20 years. The annual debt service for the supplemental lien would be approximately $796 per year for the next 20 years (interest only), then increase modestly. The combined total annual assessment payment is therefore estimated to be approximately $2,209 per year or $184 per month for the next 20 years, then increase by approximately 2% per year thereafter. Note that the annual payment will vary slightly from year to year because the bonds are soid in $5,000 increments, so total bond debt service will go up or down within a range each year of $5,000. Property owners will be impacted by their share of that variance. The above numbers should be OK for working numbers and are oniy an estimate to be finalized when the bonds are actually sold. 15. Why isn't the Town paying for this? Why isn't PG&E, or any of the other utilities paying for this? The cost for undergrounding utilities is typically borne by the residents who will benefit from these efforts. The Town does not have the financial resources available to underground existing utilities in all neighborhoods within Town boundaries. The California Public Utilities Commission (CPUC) regulates how much, and under what conditions, electric and telephone companies are required to pay lor the undergrounding of utilities. If you would like to review the PG&E Ruie regarding utility undergrounding, you can find it at hllo://www.oae.com/tariffs/odf/ER20.odf. Cable operators are not regulated by the CPUC and the Town has presented Comcast Cable with a bill for their share ot the undergrounding. However, Comcast is disputing its responsibility to pay this amount. 4/25/2006 FAQs 5 of 7 Town of Tiburon . . . . . .... .. . . . . .. . . .. . . . . . . ',' .. . .. .. . . . . ... .. 21. Will my street be re-paved? The Utility Undergrounding construction project only includes a small pavement patch (18" wide) for the restoration at the trench. However, in October 2005, the Town Council adopted an Administrative Policy regarding town funded street resurfacing in undergrounding districts. Consistent with this policy, the Town will resurface the following streets within the District: . Avenida Miraflores, Felipa Court, Geldert Drive, Porto Marino and Tenaya Drive will receive a slurry seal. . Hacienda Drive (that portion publicly maintained), Hawthorne Drive, and Rowley Circle (from Geldert to Hilary), Harn Court, Howard Drive, and Malvino Court will receive a full overlay. . Geldert Court, Hilary Drive, Mark Terrace, Rowley Circle (from Howard to Geldert), and Wilkins Court do not qualify for resurfacing under the Town's policy; however property owners have the option to contribute 50% of the cost to resurface on a voluntary basis; the Town will contribute funds to match property owner contributions. . A portion of Hacienda Drive is privately maintained and will receive a patch only. LATERALS 22. How much will my lateral cost? When do I need to have it completed if I use my own contractor? Your lateral, also referred to as your individual service connection, is that part of the undergrounding effort on your own property. The improvements included in the Assessment work do not include any individual service connections on private properties. The individual service connection work includes: providing a trench and conduit for the three utilities, and, if required, upgrading the existing electrical service at your house. The Town will require a minimum of 100A service at each property. Each property owner is responsible for arranging and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets. When Ranger Pipelines prepared their proposal for the undergrounding construction work, they also submitted costs for lateral work; their pricing is available at the Dept of Public Works counter in Town Hall. If property owners opt to use their own contractors for the lateral work, it must be completed before the overhead wires can be taken down. Regardless of whom you have underground the existing service to your house, the costs of all work within your property is borne by you. If the supplemental district is approved, this work will not be optional. Note that if your property currently receives electric power, telephone & cable via an existing underground service, no conversion work will be required on your part. 4/25/2006 FAQs 7 of 7 Town ofliburon' 1505 liburon Boulevard' liburon, CA 94920' P 415.435.7373 F. 415.435.2438' www.ci.tiburon.ca.us /}IG~8r May 1, 2006 Individual Service Connections Utility Undergrounding Project - Del Mar Valley Assessment District If the Supplemental District is approved, the undergrounding of utilities on your property will not be optional; and all of the work must be completed before PG&E, AT&T and Comcast can convert overhead utility wires to the underground system, and remove the poles. The utility undergrounding assessments do not include the cost of connecting your property to the new underground system if you currently receive utility service from overhead wires. This mailer describes the work associated with undergrounding utilities on your property, often referred to as your "individual service connection" or "lateral". Those properties that already receive electric power, telephone and cable via an underground service will not require anything to be done. They will be tied into the new underground system by the District contractor as their services already are connected to the utility systems outside of their property limits. Those structures that currently receive any of their utility services via an overhead wire will need to be examined and potentially upgraded or rearranged in order to be ready to receive an underground service. The best way to determine if your structure is ready for underground service is to have a qualified electrical contractor inspect and advise of any necessary work. Contractors: The best way to determine if your structure is ready to receive an underground service is to have a qualified electrical contractor inspect and advise you of any necessary work. There are several options for making an electric panel ready for underground service and a qualified electrical contractor can provide you with those options. Because of the numerous requests from property owners for the names of qualified contractors, we are including a short list of contractors who are familiar with this kind of work. You are not required to use any contractor on this list. We provide this list as a convenience and are not making any specific recommendations. The contractor that you select to do the work will be responsible to you, not to the Town, whether you select the District Contractor, a contractor on this list or another, unlisted contractor. . Nordby Electric (707) 579-1240 electrical, trenching and some landscape work . Mike Brown Electric (415) 897-9060 electrical and trenching, with limited landscape work . Laurence Kolb Electric, Inc. (415) 302-6888 electrical, trenching and iandscape work . Linscott Engineering (415) 492-1755 trenching and conduit only, with some landscape restoration (challenging trenching jobs a specialty) Department of Public Works 415.435.7354 Buildina Permit Reauirements: The Tiburon Building Division will require all properties to have a minimum main electrical service of 100 amperes. If your home does not already have this level of service, you will need a panel upgrade, which in turn requires a building permit. The Town does not require a permit for work associated with a simple conversion (Le., without a service upgrade). If you or your contractor has any question aboutwhether you will need a building permit, please contact the Town of Tiburon Building Division at (415) 435-7380. Please note the following requirements of the Town's Building Division . All properties must upgrade the main electrical service to minimum 100 amperes . The Town will require all properties install grounding and bonding per California Electrical Code Section 250; provide a Ufer ground or 8 foot ground rod with #4 solid copper grounding electrode conductor from ground rod to ground bus; bond to water and gas on the house side of the meters; bond the hot/cold water lines at the water heater. Courtesy inspections (no fee) will be provided by the Town for required grounding and bonding. . The Town will encourage all properties install smoke detectors, install seismic straps on water heaters, and provide ground fault protection for receptacle outlets in kitchens, bathrooms, garages, and exteriors. Courtesy inspections (no fee) will be provided for these installations. PG&E Reauirements: Once you have selected a contractor to do any necessary work, it is important that the proposed conversion adhere to PG&E standards that apply to the type of work being done. Each residential building that currently has an overhead service is assumed by PG&E to be receiving a 200A underground service as part of this project. Most existing overhead services will range from a capacity of 30A to 200A. The assumption of 200A for all new underground services will cover most, if not all, of the residential services. If a property owner feels they need to increase their capacity above 200A, they must obtain PG&E approval before starting any conversion work. You will find additional detail regarding PG&E requirements in the PG&E Greenbook Section 5 - Electric Service: Underground, and in the following PG&E documents: #061032: Residential and Small Commercial Overhead to Underground Conversion #058817: Terminating Underground Electric Services 0-600 volts The PG&E Greenbook, and engineering documents can be found at: http://www.pae.com/customer service/new construction services/areenbook/service re auirements/index.html or copies are available at Town HaiL Procedures: 1. Work with your contractor to determine a feasible location for your underground service. The cost of installation of the conduit is generally proportional to the length of the trench. The most direct route from the future joint trench in the street to your existing electric meter is probably the most economical installation. However, you Individual Service Connections Page 2 of 4 Department of Public Works 415.435.7354 and your contractor should consider existing improvements that you might have to move to install the conduit. 2. Have your contractor mark up the plat map provided by the Town to show where you would like to locate your service trench, and submit the plat to the Town for utility company approval. The trench location must be approved prior to beginning work. 3. Your contractor should contact Underground Service Alert (USA) at 1-800-642-2444 to have any existing underground utilities located and marked. 4. The utility companies must inspect and approve the trench and conduit within your property before the trench is backfilled. When your trench location is approved, your contractor will be provided with utility company contact names and telephone numbers. 5. You or your contractor will aiso need to notify the Town when the work is complete and ready for service conversion. The Town's Building Dept wili provide a courtesy inspection (no fee) prior to utility company acceptance. The joint trench in the street, as well as all of the laterals must be compieted and approved by the Town and by the utilities as conversion ready before the utility companies can pull their wires. Your utility services will continue to be provided through the existing overhead wires until the utility companies complete their work. Connectina to the Underaround Svstem: If you must underground your lateral and are not using the District contractor to do the work, you should be aware of several important milestones: 1. If you complete your lateral work prior to Ranger Pipelines completing the joint trench in the street in front of your property, then Ranger Pipelines will be responsible for making the connection from the street to your laterai at your property line. We anticipate that the very earliest Ranger Pipelines couid start digging would be mid summer. A complete schedule showing when and where Ranger Pipelines will be working will be sent to you when it is approved, after award of the construction contract, (not before June 2006). 2. If Ranger Pipelines completes the joint trench work in front of your property prior to the completion of your lateral, they will terminate their work at your property line at the iocation shown per their most recent information, (the piat map as approved by PG&E). Your contractor will be responsible for making the connection into the underground system. If the location of your iateral differs from the information available to the District Contractor at the time they complete that portion of your lateral within the public right of way, then you will need to make the necessary arrangements to tie your iateral into the new underground system at your own expense. Private Improvements on the Public Riaht of Wav: The District Contractor will be responsible for all work within the public right-of-way. All property owners should be aware that the District Contractor will not be responsible for repiacing or repairing private improvements within the public right of way damaged in the execution of his normal work, Individual Service Connections Page 3 of 4 Department of Public Works 415.435.7354 per the conditions of Town Encroachment Permits. If you are concerned about damage to private improvements in the public right of way, consider assuming the responsibility (and cost) for the work associated with undergrounding in those public areas. Alternatively you may elect to remove and relocate any private improvements prior to the commencement of work by the District contractor. Upon completion of the project, you may then restore iandscaping, etc. in those areas disturbed by the District contractor. Trenchless Construction Alternatives: Alternatives exist for trenchiess construction within your property. One common method is known as Directional Drilling and involves the installation of the conduits without digging an open trench. This is done by digging a hole at the street and a hole near your house and installing the conduits by boring underground from hole to hole. You should review this with your contractor. ***************************************************************************************************** Construction Cost Worksheet: As a courtesy to property owners, the Town obtained construction cost information from the District Contractor (Ranger Pipelines) to do the work associated with the individual service connections. Their prices are included in this package, along with a worksheet estimating the work needed at your property. The quantities included on your worksheet are based on the most economical route from your electric service panel to the public right of way (your property line). Please note that NO landscape or pavement restoration work is included in the Ranger Pipeline prices for the laterals; IF you choose to have Ranger Pipelines do the work on your property, you will need to arrange for the replacement of landscaping and/or paving yourself; it will not be included in the scope of work managed by the Town. You can choose to use Ranger Pipelines, Inc. to do the work on your property, but you are by no means required to use them. Regardless of who you have underground the existing service to your house, the costs of all work within your property is borne by you. ***************************************************************************************************** If the utility undergrounding project is approved, the Town will send you a form requesting you to identify the Contractor you have chosen to do the undergrounding work on your property. Identification of your contractor will be crucial to allow the mainline District contractor to coordinate all connections. Your contractor should be already familiar with much of what is outlined above and with many of the requirements for undergrounding utilities. He or she should be able to answer most of your questions. Otherwise, please do not hesitate to contact Troy Bassett at Town of Tiburon, Town Hall, 1505 Tiburon Blvd., telephone (415) 435-7359, tbassett@ci.tiburon.ca.us Individual Service Connections Page 4 of 4 '/. DIGEST May 2, 2006 Sanitary District No.5 P.O. Box 227 Tiburon, California 94920 Subject: Lyford Cove Utility Undergrounding District ATTN: Mr. Bob Lynch Gentlemen:&a The Town recently finalized the formation of the Lyford Cove Utility Undergrounding District. A contract has been awarded to Maggiora- Ghilotti, Inc as the prime contractor. Work is anticipated to begin on or about June 15,2006 and will proceed for approximately 9 months. Recently, the District was informed that a part of the work included relocating a District owned 4-inch force main, on Mar East, to provide adequate clearance for the joint trench. The previous correspondence requested that the District fund this relocation. The response from the District Board w;ts not favorable to the Town's request. The purpose of this letter is twofold: First, to inform you that the relocation of the force main will occur with the Undergrounding District paying the contractor to do the work. The bid amount for the work is $34,800. Your District has been sent this set of plans in the past, on two separate occasions, for comments. To date, the Town has not received any comments regarding the proposed work. I have again enclosed a set of plan sheets that depict the location of the force main relocation for your information. Second, is to let you know that the Town wishes to continue dialogue with the District regarding the ultimate responsibility for funding the force main relocation. Town ofTIburon . 1505TIburon Boulevard 'TIburon, CA 94920 . P. 415.435.7373 F. 415.435.2438 . www.ci.riburon.ca.us Please advise, at your earliest convenience, if you have any concerns or questions. PaulSniith ~ M~yor . ..... ........ . David M. Bernardi, PE Tom-Gram Deputy Town Engineer YiceMayor ... ',0' .,....... CC: Director of Public Works Mile,sB'erger Councilmember Town Attorney ... ...... ',0... Ylnterirn Town Manager Alice:Fredericks CouncilriieIriber ~..J.e.... ::r-T , +~ /5 ... .....'-.......... Jeff SlavI" Ly H~' ~~ ;;(.TJD!;' Coundlmember Town of Tiburon DIGEST MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: HEIDI BIGALL, INTERIM TOWN MANAGER FROM: DANIEL M. WATROUS, PLANNING MANAGER~ SUBJECT: SYNOPSIS OF TOWN COUNCIUPLANNING COMMISSION WORKSHOP DATE: MAY 3, 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Here is a synopsis of the items discussed at last night's Town Council/Planning Commission workshop and the follow-up actions to be taken: 1. CEQA Review Process - Commission and Staff encouraged to move projects along to Town Council more quick/yand not get bogged down by CEQA process 2. EIR Organization - Schedule time for Commission to discuss EIR organization issues, then forward ideas to Council - Explore possibilities of distributing EIRs in tabbed 3-ring binders to Commission and Council - Create Town format for EIR summaries, possibly in spreadsheet format - Try to improve altematives analysis section 3. Late Mail Issues - Investigate possibility of preparing agendas and staff reports earlier, then setting cut-off date for late mail at some point before meetings 4. Zoning Ordinance Comprehensive Update - Update provided; no follow-up action 5. Project Update - Martha Company- Update provided; no follow-up action - Caprice Restaurant - Staff to call Mogens Bach to check status and present possible deadline - Paradise Drive- Update provided; Town to continue discussions with County - Ling - Staff to request applicant to place tape between story poles DIGEST ' Town of Tiburon MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR SMITH AND MEMBERS OF THE TOWN COUNCIL FROM: TOWN CLERK CRANE IACOPI SUBJECT: AB 1234 - Ethics Training Requirements DATE: May 4, 2006 . .. ............................................... A new law (AB 1234) that went into effect this year requires elected and appointed officials to take two hours of ethics training if they receive compensation for their services or are reimbursed for their expenses. Officials must receive this training every two years with the first deadline being December 31. 2006. There are several ways to meet this requirement: 1. by going to a paid course of study 2. by receiving "in house" training 3. by taking a self-study course and exam on-line Option No.1: ABAG recently provided training at its offices in Oakland (on April 28) and will offer another one on December 11. Councilmember Fredericks has asked for a list of trainings in the County; so far, none have been offered other than one by the City of Larkspur, which conflicted with the date and time of the last Town Council meeting. Staff will continue to pursue this option. Option No.2: the Town Attorney is looking into certification for in-house training if the Council wishes to pursue this option. Option No.3: This is perhaps the easiest method of complying with the new law. Mayor Smith has recently completed the requirement in this manner. As a special service, Western City magazine and the Institute of Local Government are offering the attached article for one (1) hour of AB1234 self-study credit (the first half of the requirement). To claim self-study credit, log on to www.ca.i1Q.orQ/AB1234selfstudv.print out and take the test, then mail it to the address indicated with a $25 processing fee. The Town will reimburse you for this expense. I will also provide you with a copy of the follow-up article from Western City (June 2006) which will provide another self-study opportunity to complete the second hour of required training. Please contact me if you have any questions. . i/' 'J /,-11/ // . . ru: <? ,/ . . / 7 y P _:<t-!/l2 L Cj11 .~ Town of Tiburon MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cc: Interim Town Manager Town Attorney May 4, 2006 Page 2 of 2 I " -;. ;' "'(J;',~:j1L~~;;;;.5-.j~k'-f~l~M;(J:llii~~E.~:;'t~;,::;;Lfu'4,d;,:;;(;1&,;j',':i;"",::"._..,..., :~flC.-\];'f4~'i,':S1!1r;1W!~I'.0.:~~;l~'MIW;\t'!_l\1?/~:;:!I;;j:~Ji?3fi.f,!4)i1't~~~'a.~.a;Al!i't~~~MuMi:;;&jl~rr.~f.il)~~~iJE;\~tJ\ii{~~~,~,jt;~f1~Wfl~\~.~,tci!.r;J'~#1St!j~Jd~~'0.;i~'i:ij:ti~,~"jh?~~R!IDjJ - AB 1234 requires elected and appointed officials to take two hours of ethics training If they receive compensation for therr services or- are reimbursed for therr expenses. The ethics training requrrement may also apply to agency employees deSignated by the agency's legislative body. There are many ways to satisfy this requrrement, including In-person training and self-study activities. Furthermore, like all ethics laws, AS 1234 is a floor, not a ceiling. Local officials can demonstrate their commitment to ethics In public service by gOing beyond AS 1234's minimum requrrements. As a special service, Western City and the Institute for Local Government (ILG) are offerrng thiS article for one hour of AB 1234 self-study credit (or the first half of the minimum requirement). To claim self-study credit, log on to wwwca-Ilg. org/AB1234selfstudy. prrnt out and take the test, then mail it to the address Indicated With a $25 processing fee. ThiS fee covers grading the test providing the correct answers (and explanations) and your proof of participation certificate. Scope ofThis Self-Study Exercise This article covers the first twO areas of Ask yourself: Would I want to read about a certain course of ac- ethics training required by AS 1234: tion that I had taken - on the front page of my local newspaper? 1. Laws related to personal financial gain by public ofJicials (including bribery and conflict of interest laws); and 2. Laws related ro office-holder perks that the public or media will perceive it to state's criminal laws, a "bribe" includes (also known as perquisites), including be so. Local officials are strongly encour- anything of value; it also includes receiv- gifts and travel restrictions, personal aged to go beyond the minimum ethics ing "advantages." The advantage can be and political use of public resources, training standards created by AB 1234 a future one and need not involve t.he and prohibitions against gifts of and participate in additional educational payment of money. The federal defini- public funds. activities related ro their legal and ethical tion of bribery is even broader. It also covers ethics principles that are obligations as public servants. . Disqualification Based on Financial related to these laws and public service Interests. A public official may not ethics in general. Laws Addressing Financial Gain make, participate in or inHuence a gov- The June 2006 "Everyday Ethics" column The principle underlying the financial ernmental decision that will have a fore- will provide a self-study opportunity to gain laws is that the possibility of personal seeable and material financial effect complete AB 1234 ethics training con- financial gain or loss cannot be a facror on the official, the official's immediate cerning governmental transparency and in your decisions as a public officiaL The family or any of the official's economic fair process laws. laws in this ai'ea are designed to promote interests. Note the breadth of the prohi- Note that public service ethics laws are the general ethical values of responsibility bition: It does not just apply to voting and trustworthiness. Public servants have a but the entire process leading up to vOt- extraordinarily complex. The learning responsibility to act always in the public's ing. See "Pinanciallnterests Affected by objective of both self-study and in-person imerest, and the public must be able to an Agency Decision: When ro Seek an AB 1234 training courses is to familiarize trust that they will. local officials with situations where they wntim/ed need to consult agency counsel, the attor~ The following laws are designed to avoid ney general or the Fair Political Practices both the reality and the appearance of Commission about what the law requires. personal financial gain influencing public Furthermore, the ethics laws and training servants' actions. Looking for Footnotes? requirements of AB 1234 are minimum . Bribery. Requesting, receiving or agree- A fully footnoted version of this standards. Just because a course of action ing to receive money in exchange for article is available online at is legal doesn't me3.11 that it is ethical or an official action is a crime. Under the www.westerncity.com/articles. www.westerncity.com Western City, April 2006 (j ~ ',.w./:, 'r', ,/iD J ].1-1 .\e(fSruc(j! ()ppO/"tlIllitl'> Financiai interests Affected earl Om', (OJItJlluerl By an Agency Decision: When to Seek An Attorney's Advice" at leh fm a list 01' the Attorney's Advice kinds of financial intcresrs that Clll give ri.se to potentially disqualifying conHicrs Talk with your agency attorney when an action of interests. by your public agency may affect (positively or . Interests in Contracts Prohibited. A negatively) any of the following: public official nuy not have a hnancial Income. Any source of income of $500 or more imerest in any contract made by the (including promised income) during the prior 12 months tor you or your spouse board or body of which the oFficial is or domestic partner. J member. The law is very strict 011 this point. Such contracts arc void - Real Property. A direct or indirect interest in real property of $2,000 or more meaning that the public agency will that you or your immediate family (spouse or domestic partner and dependent nO( have to pay the official For the children) have, including such interests as ownership, leaseholds (but not benefits provided to (he agency under month-to-month tenancies) and options to purchase, especially when any of the contract. Under most circumstances, these are located within 500 feet of the subject of your decision. the prohibition cannot be avoided by Personal Finances. Your or your immediate family's (spouse or domestic part~ disqualifying oneselF From participating ner and dependent chiidren) personal expenses, income, assets or liabilities. in the decision on the contract. Gift Giver. A giver of a gift of $360 or more to you in the prior 12 months, . Prohibition Against Property Acqui- including promised gifts. sition in Redevelopment Areas. Gen- Lender/Guarantor. A source of a loan (inciuding a loan guarantor) to you. erally speaking, public officials who have input into redevelopment project Contract. You or a member of your family would have an interest (direct or areJ.s may not acquire property in those indirect) in a contract with the agency. areas. Any existing interests must also Business Management or Employment. An entity for which you serve as a be disclosed. director, officer, partner, trustee, employee or manager. . Helping Prospective Employers. A Business Investment. An interest in a business in which you or your immedi- public official may not influence agency ate family (spouse or domestic partner and dependent children) have a direct decisions when the interests of a prospec- or indirect investment worth $2,000 or more. tive employer are at stake. This situation Related Business Entity. An interest in a business that is the parent, subsid- arises when someone is negotiating or has any arr8.ngemenr concerning pro- iary or otherwise related to a business if you: spective employment with someone who . Have a direct or indirect investment worth $2,000 or more; or has business before the agency. . Are a director, officer, partner, trustee, employee or manager. . Revolving Door. Effective July 1, 2007, Business Entity Owning Property. A direct or indirect ownership Interest in a elected o'Fficials and top-level managers business entity or trust of yours that owns real property. cannot represent private individuals or entities for pay before their agencies for Campaign Contributor. A campaign contributor of yours (if you are sitting on one year after leaving office. an appointed decision-making body). For example, this appiies it you are a Note tlut some local agencies have ad- planning commissioner running for city council. opted even more restrictive prohibitions. Other Personal Interests and Biases. You have important (but non-financial) The consequences of violating these re- personal interests or biases (positive or negative) about the tacts or the parties that could prevent you from making a fair decision. quirements can be severe. They include criminal felony or misdemeanor prosecu- What Will Happen Next? tions under state and sometimes Federal laws. Conviction can involve :!ubstantial Your agency attorney will advise you whether a) you can participate in the fines, jail time and loss of office. Civil decision and, b) if a contract is involved, whether the agency can enter into the fines can also add up. For example, the contract at all. Counsel may suggest asking eitherthe Fair Political Prac- administrative penalry for violation of tices Commission or the state attorney general to weigh in. Keep in mind the the Political Reform ACt is a fine of up to attorney's duty is to promote compliance With the ethics laws - not try to find $5,000 per violation. In most instances, ways around them. officials targeted For civil enforcement ac- (ions will pay tens of [hollsands of dollars 10 League of California Cities www.cacities.org - in defense costs ~ significantly more in criminal cases. There can also be other kinds of negative consequences. For example, if an official violates prohibitions against self-dealing related to contracts, the official may have to refund amounts paid under the contract. If a decision israinred by the participation of someone who should have disqualified herself, the decision is The "Leave the Room" Requirement subject to invalidation. Laws on Personal Advantages If you are disqualified from participating on a specific agenda item under the And Perks conflict of interest rules established by the Political Reform Act, you must: The principle underlying the "no perks" . At the meeting, publicly identify the financial interest or potential confiict of laws is that your status as a public servant interest in sufficient detail to be understood by the public; and your access to public resources should . Not attempt to influence the decision in any way (this includes pre-meeting not afford you special privileges. There discussions with staff or colleagues); are two categories of "no perks" laws, One . Refrain from discussing or voting on the matter (you should ask for the item relates to perks that others provide public to be considered separately if it is on the consent calendar); and officials (for example, gifts). The other involves advantages that officeholders . Leave the room until after the discussion, vote and any other disposition of provide themselves (for example, use of the matter is concluded, unless the matter is on the consent calendar. public resources). There are limited exceptions that allow a disqualified official to remain in the The laws in this area are designed to pro- room and participate in the discussion as a member of the public when one's mote the general ethical values of ftir- "personal interests" are at stake. Consult with your agency attorney about what ness, responsibility and trustworthiness. For kinds of personal interests qualify. example, receiving perks from others un- dermines the public's truSt that decision- makers are treating everyone who comes before them fairly and making decisions solely in the public's interests, When officeholders give themselves perks, it undermines the public's truSt that these officeholders are careful, public-minded stewards of taxpayer resources. To the extent that some of these perks involve political advantages, they undermine the fairness of campaigns and elections. Generally speaking, the "no perks" laws bar some transactions and require disclo- sure of others, including the following. Loans. Officials Cannot receive loans from those within the agency or with whom the agency contracts (except for bank or credit card indebtednes.s made in the regular course of the company's business), Personal loans of more than $500 from others must meet certain requirements (for example, they must be in writing and clearly state the date, amounts and interest payable). continued Oll page J 3 www.westerncity.com Western City, April 2006 11 --.-- /lH 12j.') Se!FStut(v Opporwnit)', !)ttrt One, i.olltinuul.frolt! page II Just because a course of action is legal doesn't mean that it is ethical or that the public or media will perceive it to be so. Gifts. With cerC:l.in exception,~, a public and other items). "Personal" Lise of public official must disclose lTImt gifts of $50 or resources includes activities that are for more on his or her StatemeJU of EconOIll- personal enjoyment, private gain or ad- ic Interests and may not receive gifts from vantage. "Use " means the use of puhlic anyone source dut total more than $360 resources dut is substantial enough to in a single year. GiFts include meals, cer- result in ,1 gain in advantage for the liseI' tain kinds of [ravel payments, and rebates and a loss to the local agency that can he or discouJUs to public officials not offered estim;1ted as a monetary value. to ochers in the usual course of business. Expense Reimbursement. The general Travel Passes From Transportation rule is that local agency officials may be Companies. State law strictly Forbids reimbursed only for actual and neces- elected ~lI1d appointed public officials sary expenses. Effective Jan. 1, 2006, from accepting free or discounted travel cities, counties and special Ji.~triCfs rhat fi..om transportation companies. The pen- reimburse their elected and appointed aIry For violating the prohibition against oFficials must adopt expense reimbul'se- accepting travel passes from transporta- ment policies that specify the kinds of tion companies is severe - immediate activities that will be reimbursable. Local forFeiture of office. agencies must use expense report forms, Travel Expenses From Non- Transporta- and all expenses must be documented don Companies. Gifts of travel expenses with receipts. These documents are public (for example, airfare, lodging, meals and records subject to disclosure. entertainment) From non-transportation Limits on Public Official Compensa- companies are generally subject to the gift tion. Typically there is a legal limit on rules and must be reported on your State- elected public official compensation levels, ment of Economic Interests as such. either in state or local starutes. Public Receiving Gratuities or Rewards. It is officials, particubrly elected ones, may col- lect and retain only such compensation a crime to receive any kind of graruity or as the law a!lc,n,'vs. As protectors of the reward For performing your duties as a public servant. public purse, courts generally take a strict approach to public official compensa- Honoraria. State law regulates the de- tion limits. gree to which public officiah nul' receive Ciry and county officials typically receive payments for giving a speech, wriring an J monthly salary for rheir service. Special article or aftending a public or private district directors tend to be compensated conference, convention, meeting, social by a daily stipend. With certain cxcep- event, meal or similar gathering. Genera/- tions, this stipend compensates such ly such payments ~ known as honoraria directors for: ~ are prohibited. The assumption is that such communications are parr of a public . A meeting of any "legislative body" as official's service. defined by the Brown Act; Personal Use of Public Resources. Stare . A meeting of an advisory body~ and/or law Forbids public officials from using . Conference attendance or educuional public resoun,:es for personal purposes. activities, including ethics training. "Public resources " include such things as staff time, office cCluipmellt (telephones, Special districts may compensate officials fax machines, photocopiers and com pur- I-'or attendance at other events as specjfied ers) and office supplies (stationery, stamps mntilll/tr.! 1'" Western Citv, AprH 2006 " i1\ll~~~W'!lf1lf.~~~~U?'J\,;m~rJMiiiii';':;i'l;j"",;.;,;ru,l.iQj;~~'~::'W AB 1234 Se{(-,S'tltt(V Opportunity, Ptlrt One, continued In addition, you can ask yourself these Going Beyond the Minimum in Understanding kinds of questions: Public Service Ethics . What decision, behavior or course of action will best promote the public's Like all ethics laws, AS 1234 sets minimum standards. The enforcement me- truSt in my leadership and that of chanism for complying with AS 1234's requirements relies on public opinion and my agency? media attention. Records of officials' compiiance with AS 1234 (such as proof of . Would I want to read about a certain participation certificates) are public records and must be maintained for at ieast course of act:ion on the front page of five years. my local newspaper? In addition to maintaining records on compliance with the minimum standards . How do I want to be remembered as a imposed by AS 1234, local agencies may also want to maintain records of any public official? What would make my training and study that locai agency officials have engaged in beyond AS 1234's family and parents proud of my work minimum requiremeflts. This will enable those inquiring to ascertain the agency's and legacy? and individual's full scope of commitment to understanding the ethical and legal For example, even if you are not legally obligations associated with public service. requited to disqualify yourself from par- ticipating in a decision, you may want to voluntarily abstain from participating if you believe the public would reasonably in a written policy adopted in a public dacy. Compensation decisions may not question whether you could pur personal meeting. be tied to political support either. relationships and interests aside in making Use of Public Resources for Political Speak with your agency counsel about the a given decision. Purposes. The same statutes that prohibit specifics of these requirements as they may Conclusion the use of public resources for personal apply to your situation. benefit also prohibit the use of such re- The consequences of violating the "no- Former British Prime Minister Benjamin sources for campaign purposes. The pro- perk" laws can also be severe. For exaffi- Disraeli once observed, " ... all power hibition applies to campaigns to elect pie, the prohibitions against the personal is a trust; ... we are accountable for its candidates and campaigns in support' of use of public resources are punishable by exercise." As extensive and complicated as or opposition to ballot measures. a $1,000 per day fine plus three times the they are, the rules related to public service Mass Mailings at Public Expense. State value of the resource used. Criminal pen- ethics are a reRection of that overarching law fotbids sending mass mailings at pub- ::tlties include a twO- to four-year prison quest for accountability and trust. lic expense. The Fair Political Practices term and disqualification from office. Commission has defined "mass mailings " Prosecution under the, federal income tax as sending 200 or more identical pieces evasion laws is also a possibility. Again, that contain the name or pictures of e1ect- this does not include the costs of hiring Resources for ed officials except as part of a standard defense lawyers, which can run into tens letterhead. (For more information, see of thousands of dollars or more. Further Information "Career-Saving Tips on Mass Mailings, " February 2006, \.'i7estern City; available Going Beyond the Law The following resources offer online at www.westernciry.com.) more information about ethics Understanding and complying with pub- laws and principles. Gifts of Public Resources or Funds, lic service ethics laws is a challenge, bur California's Constitution forbids gifts the public expects even more of its public California Attorney General of public funds. This prohibits, for ex- servants. Rather than making decisions Publications: caag.state.ca,usl ample, paying for spouses to accompany purely on the fly, how can public officials publications/index.htm public officials. It can also be an issue maximize the likelihood that they will (click on "ethics") when a public agency contemplates chari- meet or exceed the public's expectations Fair Political Practices Commis- table contributions. for ethical conduct? sian Publications: www.fppc. Soliciting Political Support From Agen- One way is to think in terms of ethical ca.gov/index.html ?id=9 cy Employees. Soliciting campaign funds values. Some key values related to public Institute for Local Government from agency officers or employees is also service include responsibility, trustworthi- Ethics Resource Center: www. unlawful, as is conditioning employment ness, respect and fairness. Assess decisions ca-ilg.org/trust decisions on support of a person's candi- you have to make against these standards. 14 League of California Cities www.cacities.org --.- RECEIVED ~ . MAY - 1 2006 TOWU MANAGERS OFFICE TOWN OF TIBURON REDWOOD HIGH SCHOOL GRAD NIGHT A SAFE AND SOBER EVENT FOR OUR TEENS April 25, 2006 blQ~ Town of Tiburon 8r 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Town of Tiburon, Thank you so much for your contribution of $500 to Redwood High School's "Safe and Sober Grad Night." It is through the generosity of towns and cities, organizations, schools and local businesses such as yours that we are able to put on this all night party that keeps our graduates together and safe. We will acknowledge all donations and you will be recognized in the various forms of publicity we are planning. Your donation also qualifies as a charitable contribution. (Tax J.D. # 94-6173812) On behalf of this year's Grad Night committee, as well as all the Redwood High School Class of 2006 graduates, I would like to extend our sincere thanks and appreciation. Please feel free to contact me if you have any questions. Sincerely, ~~p Leslie Cunningham Co- Chair 415-924-1127 REDWOOD HIGH SCHOOL GRAD NIGHT 395 DOHERTY DRIVE LARKSPUR. CA 94939 8- 1'1 M OTI-I Y METZ "\ N D JENNIFER JORGENSEN "'lay 4, 2006 ~ [~ It: IE : :w; ~ Town of Tiburon Planning Commission and Tiburon Town Council Tiburon Town Hall PLA~J~JING DIVISION 1505 Tiburon Boulevard TOWN OF TIBIJROU Tiburon, C./\ 94920 Re.: Kol Shofar Expansion Plans - Alternatives that have never been considered bA Dear Tiburon Planning Commissioners and Tiburon Town Council Members: ~~8r There are several alternaoves that have never been cons1dered by Kal Shofar, Planmng Staff and the FIR Consultants. Until these other alternatives have been considered and their impacts assessed, the EIR process should not be considered complete and. the neighbors cannot be assured that a thorough and complete analysis has been done. These alternatives are not drastic nor would they lead to Kal Shofar's project goals not being satisfied. However, all of these alternatives would leave the neighbors with SIGNIFICANTLY fewer negative impacts than any other proposals (except Alternative 2) in the ElR. Until these or other alternatives have been considered, the neighbors needs have not been fully considered in this proposed project. Following is a list of other alternatives that have not yet been considered. These alternatives and others need to be considered before the ElR can be certified and the CUP approved or denied. 1) Alternatives for High Holidays: aJ Rent a dignified event tent to house High Holidays overflow; Make better use of the Annex building. See my handout from the April 24th Planning Commission meeting for further information on this option. b) Rent an offsite facility or find another religious institution with a suitable sanctuary/facility size that can be used for an offsite and separate High Holidays service at the same time as the one at Kol Shofar. This is the most common split service alternative practiced by other synal{orues around the count:QT. This alternative would not \riolate religious law, as services would both happen at the same time. 2) Alternatives for other proposed events: a) Rent a tent to house overflow from these proposed events. Make better use of the Annex building. \X;'ith this alternative, fewer proposed events would be allowed since noise could become an issue. b) Rent an offsite facility for events. Split events into an onsite religious event and an offsite social event. e.g. \X-'edding ceremony onsite and reception offsite, B'nai l\1itzvah service onsite and reception offsite, ete. cJ Rcconfigure existing space with a smaller sanctuary than what has been proposed and more social! classroom space to better accommodate social events and classes. Keep Ring Mountain Day School as a tenant. f-.lake better use of the Annex building for these functions. d) Reconfigure existing space with a smaller sanctuary and more social! classroom space to better accommodate social events. Remove Ring- Mountain Day School as a tenant and make better use of the space they are using to accommodate Kol Shofar's needs. i\Jake better use of the Annex building for these functions. \XIhile we truly appreciate the role that Ring Mountain Day School plays in the community, they are Kol Shofar's tenant and they do take up a significant portion of the synagogue space (i.e. the entire existing classroom v,>ing). If Ring }"'lountain Day School were no longel~ in the Kol Shofar facility, all of the space currently allocated to this school could be reconfigured more specifically for Kol Shofar's needs, whether it is additional classroom or social space or both. Thus far in the discussion, there has been no mention of whether portions of the facility should continue to be leased out to a tenant. A -2- May 4, 2006 prudent person would think that if an expansion was being considered the first place to look for that expansion would be within the existinJ? walls of the facility. 3) General alternative: a) Move up the end times of proposed events to something more in line \Vith a residential environment. Events should end no later than 8:00 PM with cleanup happening thereafter. Including- cleanup, no event other than High Holidays should end after 9:00 PM in a residential neighborhood. b) Find a parcel of land or another existing facility that is more suitable for the proposed usage. Kol Shofar would relocate onto/into that more suitable site. This is not necessarily the best alternative, but it is an alternative nonetheless. This is also an alternative that Kol Shofar has considered in the past since they are on the record as pursuing relocation to Larkspur. Again, we recognize and respect Kol Shofar's need to serve their community. We embrace Kol Shofar's desire to improve their facilities by renovating/rebuilding the existing space to make it more suitable for the practice of their faith. However, we do not view the additions of a multi purpose room, expanded classrooms and associated parking lot expansion as necessary to serve their religious needs and community. We also feel that these aspects of their expansion plan significantly change the character of the residential neighborhood in which they are located. As always, thank you for your consideration. Sincerely, "" r+'1~ orhy Metz and Jennifer Jorgensen 511 REEDLAND WOODS \\'AY' TtBlJRON, eA .9492() PI-lONE: 415 383 5381 DIGEST 1- v~ (l1-/A~~l j;f-r-;;~r C~~t--Zl~ ~ /--A/-b-J1 ,;t~ A~i/ -#- ~lr <L~Y~~ ~i ~k ,/V~-~' j2-1._o---I!~'V1--'~ ~ a;fg~4-- f' "-~<, t~ ,~Vfj~ ,bk ~~. ~,~ #~!V ./tL/'J--- /k-<-;;f ~~~.~ RECEIVED I /1u j_<J_~~1/-/<-;C;7fpz ~;( ~~~200~~] cLoy ~J-4 em 1~ TOWNuu:.KK ~ ~ ,- 7 TOWN OF TIBURON I . l. e:L/\..,~ /-;/~~ ~J0kAa A~~/-P- '" 1- ~?- ~~ " '2 E ~ ~ t~ ~~&') ;trU~ ~ oJ " U U C J " 2 ::s . ~ 8 .,; ~ J;/J oJ; ~ 13 '"' (.0 .-I ~ ~ c/O O!.O@) C/) .u q;:> ",r--~ d~~,/MJL~ M M"1 ::;E ~ ~C(Q _OO~ B f';-~...c: N ." - " "''''U "/~ cl.-t.'--r-; ~ ~ ... ~ --~ '" " '" '" ~ .~ .E~ u'S ..s fOG .z:P:; ;e~ V2 " Il.l ;..:::l .:-a " '" ~~t; - u ~ ~"o~ -" ~~0{U~~~~.d:; ~~- ~ t:: ~ 2 ,.- Q.l '-<;::: .= ~ ::;E d: ~.__. .~ ~'15F ~~ ; C.......&-@I.<-. - 'b -uis. \.i&'s ~Ia:> - ~.~~ Me >=~ ~) q\ '5'" 4-s:>- s", "S- 4 p~~ Ml!C?,,"^,~D.uG.w~ C-J . (~~ . c...-..... IIJ. This is in response to your March 30 and March 31 emails to the Golden Gate Bridge, Highway and Transportation District (Distrrct) Secretary regarding your various concerns relating to Golden Gate Transit bus service and bus stops serving, "The Hilarita housing in Tiburon," I have summarized your concerns and prOVided information on each below. Please forgive the District if I have misinterpreted your concerns. 0 1. Safety Issues with Shelter at Tiburon Blvd.lNeds Way Bus Stop - This shelter is owned and - maintained by the District. It was originally installed in the late1970's and was replaced a few (i) years ago when it was damaged in an auto accident. According to the m District's Bus Maintenance Department, there have been no reported problems with (I) it. Maintenance staff has been asked to investigate your concerns that: "it is not safe, is not -I lighted, does not provide adequate shelter from the elements, and is falling apart; and determine corrective action." You also note that a bus stop was recently constructed at Tiburon Blvd/Stewart Drive. For your information, this bus stop was previously located within the intersection of Stewart Drive and Tiburon Blvd. Buses blocked Stewart Drive to serve passengers. Passengers had to board and alight buses from the street. These conditions prompted GGBHTD and Town of Tiburon to require relocation of the bus stop to a newly constructed turnout. Without the construction of a new bus stop, the old stop would have been eliminated. For your further information, Town of Tiburon (Town) has requested a bus passenger shelter be installed at the bus stop on Tiburon Blvd., opposite Neds Way going east towards downlown Tiburon. The Town has constructed the site for a shelter and GGT bus maintenance staff are readying a previously used shelter for installation at the site. 2 High Fares - You say that the bus fares are not affordable and suggest that bus passes should be Issued to the "needy" and transit dependent. The District offers 50% discount off the adult cash fare for youth, seniors and persons with disabilities and 20% discount with purchase of ticket books and Translink for regional bus travel between Tiburon and San Francisco, Sonoma County and the East Bay via the Richmond Bridge. The District recently lowered the regional bus fare from Tiburon by nearly 20% as part of a fare zone consolidation. Marin County Transit District sets fares for local bus travel within Marin County. They can be reached at 499-6099. 3. Bus Service is Getting Worse - The District has significantly reduced regional bus service over the past decade in response to declining ridership as more residents of Marin confine their travel to within the County. Local bus service to Tiburon has also been reduced in frequency and hours. MCTD has recently developed a plan to improve local bus services within Marin County. Please contact MCTD at 499-6099 or visit www.marintransit.org to learn more. 4. Complaints are Ignored - All communications received from the public are recorded by our Customer Relations Department and distributed to appropriate staff for review and response. Most, but not all, communications are provided a personal reply. Your March 30 and 31 emails, for example, were received by the District Secretary who requested a personal reply from the Planning Director. Helen Hass. supervisor of the customer relations department, often will reply by telephone to complaints received via the 511 telephone information system that is advertised on our Transit GUide We sincerely hope that the Districts response has provided you with information that demonstrates our concern for our transit customers and commitment to addressing their needs as best as we can. Sincerely, Subject: RE: The Golden Gate Bus Shelter @ The Hilarita In TiburonjA Gated Community for Tiburon & Belvedere Mrs. McConnell-Douglass, Please provide me with the date, time and location of your HTEA meeting. Do you have an official posilion with HTEA on whose behalf you are inviting us to participate in your meeting? If so, please send me an agenda showing the topic you desire a representative of this agency to speak on. If not, could you please put us in contact with an official representative of HTEA who can confirm this invitation to speak at an HTEA meeting on the subject of the bus passenger shelter. Thank you. Alan Zahradnik, Director of Planning, GGBHTD .,,",,,,.,,,,,~_,,,,~,,~..,,,,_,,,..,,.,,,,,,,",,,,"~M".",,,,.. '"',''n,..n",,''' ..". ''''''''M'M",,,,,,,.M~'''' '''''''.."",,,,,,,,,,,,, __.......""",""",,_, From: Jan Tarantino Sent: Monday, May 01, 2006 12:00 PM To: 'Pamela McConnell-Douglass' Subject: RE: The Golden Gate Bus Shelter @ The Hilarita In TiburonjA Gated Community for Tiburon & Belvedere Good morning Mrs. McConnell-Douglass: Again, thank you for your comments. "11111I0m'f~ I! Re ardin our comment on, "lp"fJ,sa!itl ' I , Y". !!flw~;!!lLlmnMm)!\!",~:!;:tl!!:u}iil ' ,1f!n~p:!, ; .~lm~!'i.iing'p~,!fp,ri~~!'4'lg:;~1iiI. I have forwarded your note to the Planning Director. Janet S. Tarantino District Secretary Golden Gate Bridge, Highway & Transportation District -----Original Message----- From: Pamela McConnell-Douglass [mailto:pamelamcconnelldouglass@yahoo.com] Sent: Monday, May 01, 2006 11:08 AM To: Jan Tarantino Subject: RE: The Golden Gate Bus Shelter @ The Hilarita In TiburonjA Gated Community for Tiburon & Belvedere Monday - May 0], 2006 - ]]:07 a.m. Page 1 of2 DIGEST II. Heidi Bigall From: Bill Petrocelli [bill@bookpassage.com] Sent: Monday, April 24, 2006 9:35 PM To: Heidi Bigall Subject: book passage community meeting Heidi Bigall Town Manager I would like to invite you and other representatives of your city government to a meeting about protecting local retailers and the community business environment. Weare hosting the meeting at Book Passage in Corte Madera on April 30. Some of the topics to be discussed are listed below. If you plan to attend and would like to speak or be available to answer questions, I would appreciate it if you would let me know beforehand. You can reach me by email. If you want to reach me by phone, please call my cell phone 415-279-6005 or leave a message at my home 415-383-6007. Thank you Bill Petrocelli Community Meeting Place: Book Passage, 51 Tamal Vista Blvd., Corte Madera, CA 94925 Date & Time: April 30,2006, I :00-5:00 pm Topic. A Balanced Economy in Marin: What Restrictions Should be Placed on Big Box Stores? Some of the topics for discussion: I. What are the important benefits that independent retailers provide to the community in Marin County and elsewhere? Some of these include recycling of money into the local economy, meeting local consumer needs, providing a market for local products, supporting community initiatives. What are the others? 2. What are the threats posed to independent retailers from national chainstores and big-box retailers0 National retailers have a big advantage in dealing with nationally-owned shopping centers and landlords. What are the other factors involved? 3. What can local governments do to protect the community from national chainstore intrusions that threaten local businesses and community life? Communities around the country have enacted ordinances requiring a special review of retail projects that may be excessively large, formulaic in design, or environmentally unfriendly. What have our local communities done and what should they be doing? 4. Who should make the decisions that affect local retailing and community life? Should the broader community have some input on decisions that, at this point, are only made by local town councils? Book Passage, for example, is a Marin-based business with only a small percentage of its customers in Corte Madera, nevertheless the decisions by the Corte Madera town council have a vital effect on its business. What role should the county play in this kind of situation? What role should community groups play? 4/25/2006 Page 2 of2 5. What other ways are there by which communities can support local retailers? Should local governments have a buy-local policy? Could community groups develop buy-local policies of their own? What is the role of local business alliances? 6. What action can people take who want to bring about change in Marin County and develop sensible regulation of national chains and big-box retailers? How can they organize politically> 4/25/2006 DIGE~ I ().. 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Q)l... uJ .S .E , , E Q) V II) l... ::s 0 II) 0 l... .- "'0 Q) C :E 0 l... o 'l- @omcast COfficastCable /3. 1111 Andersen Drive San Rafael, CA 94901 April 24, 2006 Ms. Heidi Bigall DIGEST Interim Town Manager Town ofTiburon I 155 Tiburon Blvd. Tiburon, CA. 94920 Subiect: June 1, 2005- EQuipment Rental Price Adiustment Dear Ms. Bigall: As part of Com cast's ongoing effort to keep you apprised of adjustments in services and/or prices that affect our customers, I am writing to inform your office of a price adjustment to our equipment rental services. These adjustments will take place on or before June 1,2006 (depending on the customers' billing cycle). The following details the current prices and the new prices: Service Current Price New Price Remote Control $0.25 $0.20 Analog Converter (Basic Only) $ 1.25 $1.10 DCT Converter (Non Basic) $4.75 $3.80 Customers will receive a message on their ApriVMay billing statement indicative of the new price adjustment. Please do not hesitate to contact me directly at (707) 541-3550 if you have any questions or concerns. Sincerely, ~Q~ Deb Padia Manager of Regulatory Affairs North Bay Area @omcast@ ComcastCable If. 12647 Aleosta Boulevard Suite 200 San Ramon, CA 94583 May 1, 2006 Office: 925,973.7000 Fax: 925,973.7015 www.comcastcom Mr. Alex McIntyre Town of Tiburon 1155 Tiburon Blvd. DIGi::~<r Tiburon, CA 94920 Subiect: June 1. 2006 Trouble Call Price Dear Mr. Alex McIntyre: On March 1, 2006 Comcast forwarded to your office the FCC Forms 1240 and 1205. The FCC Forms represent Comcast's annual filling for adjustments to the basic service tier, equipment and installation prices. The intent of this letter is to provide clarification to an amount that was listed on the FCC Forms as a price to be adjusted. As listed in the FCC Forms, we indicated that the price for the "Customer Trouble Call" would decrease to $16.99 from $17.99. Upon review, Comcast has decided not to adjust the current price for the Customer Trouble Call-the price will remain $17.99. If you should have any questions or concerns regarding the enclosed please feel free to contact your local Government Affairs Director, Kathi Noe at (707) 541- 3502. Sincerely, ) Mitzi Givens-Russell Franchise Compliance Manager Bay Market Cc: Martin Nichols, Executive Director, Marin Telecommunications Agency DIGEST I~ Peter Hoyt Berg, President Casey A. Kawamoto, Director Richard Weinstein, Vice President Catharine Benediktsson, Director RECEIVED Fred C. Hannahs, Secretary AGENDA APR 2 8 2006 Sanitary District No.5 of Marin County Regular Board Meeting TOWN MANAGERS OFFICE at Sanitary District No.5 of Marin County Meeting Room TOWN OF TIBURON 2001 Paradise Drive, Tiburon, California Monday, May 1, 2006 6:30 p.m. CALL TO ORDER and ROLL CALL PUBLIC OPEN TIME: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Board will not take action on any public comment. DIRECTORS COMMENTS AND/OR AGENDA REQUESTS REGULAR BUSINESS 1. Approval of April 18, 2006 Regular Board Meeting Minutes 2. Approval of the Warrants April 16 through April 30, 2006 3. Receipt of Monthly Financial Reports April 2006 MANAGEMENT REPORT 4. Operations Report a. Tiburon Compliance Report & Public Complaint Report b. Belvedere Compliance Report & Public Complaint Report 5. Capital Improvement Program Report UNFINISHED BUSINESS 6. Paradise Cove Treatment Plant Permit Renewal (Lynch) 7. Rauch Communications Public Hearing Presentation Overview (Lynch/Rauch) 8. Report on Benefits Program for the Board of Directors (Koch) COMMITTEE REPORTS 9. List of Committees and Members (Koch) 10. Finance Committee Minutes of April 27, 2006 (Weinstein/Hannahs) a. Consideration 0 f Connection Fees b. Report on Financing for Paradise Drive Conveyance System c. Authorization to Proceed with Marin County MERIT Program d. Close Zero Balanced Funds at County of Marin ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board of Directors meeting, to be held on Tuesday, May 16, 2006 at 9:00 a.ill., at the Sanitary NO.5 District Meeting Room at 2001 Paradise Drive, Tiburon, California. The Board of Directors may at its discretion, consider agenda items out of the order in which they appear above. Accessible Dublic meetinf!s: Upon request the District will provide written agenda materials in appropriate alternate formats, or disability-related modification or accommodation, including auxilimy aids or services to enable individual with disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P. 0. Box 227, Tiburon, CA 94920 two days prior to the meeting MARIN COUNTY PARKS AND OPEN SPACE COMMISSION I'. AGENDA RECEIVED Thursday, May 4, 2006 MAY - 1 2006 Planning Chambers, Room 328, Civic Center TOWN MANAGERS OFFICE TOWN OF TlBURON 1:30 1. CALL TO ORDER (Room 328) /)IG~ 1:35 2. APPROVAL OF MINUTES OF THE MEETING OF APRIL 6, 2006 8r 1:40 3. DIRECTOR'S REPORT 1:50 4. COMMISSIONER REPORTS Commissioners may speak briefly about items of interest to the Commission that do not appear on the agenda. No action may be may be taken on any items. 2:00 5. PUBLIC COMMENT Open time for public expression, up to three minutes per speaker, on items not on the Parks and Open Space Commission Agenda. Items will be heard by the Commission without return comment. Testimony regarding matters not on the agenda will not be considered part of the administrative record. 2:10 6. BOLlNAS LAGOON UPDATE (Information item) 2:40 7. MARIN OPEN SPACE TRUST (MOST) UPDATE (Action item) . Commissioner Paisley will present an update on the Marin Open Space Trust for Commission input, discussion and recommendation for the Board of Supervisors 3:10 8. COUNTY BIKE PLANNING UPDATE (Information item) Update on two Department of Public Works bicycle planning processes related to countywide bicycle and pedestrian planning efforts A. County Bike Plan update B. County Nonmotorized Transportation Pilot Program 3:25 9. PRELIMINARY OPEN SPACE ACQUISITON PRIORITIES 2006.2007 (Information item) . Discuss preliminary criteria for prioritization of open space acquisition projects 3:45 10. COMMISSION WORKPLAN- (Action Item) . Set dates for events 4:00 11. ADJOURN --- -----_..._-----~--~---_._- .------- -----..- ~-_.._--- -- ~-- ______ _.~_H__ -...------- DIGEST 17- MARIN HEALTHCARE DISTRICT 1100 SouthEliseo Drive, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 DIRECTORS: JOHN W. SEVERINGHAUS, MD Chair ARCHIMEDES RAMIREZ, MD Vice-Chair SHARON J. JACKSON, MEA Secretary LAWRENCE H. ARNSTEIN, MD SUZANNA COXHEAD, MBA NOTICE Marin Healthcare District Board of Directors Closed Meeting Scheduled for Wednesday, May 3, 2006 at 7:00 pm Has been CANCELLED and RESCHEDULED For May 9,2006 at 6:00pm To immediately precede the Regular Meeting at 7:00 pm Conference Center Marin General Hospital 250 Bon Air Road Greenbrae, CA 94904 A copy of the agenda for the Special Meeting will be posted and distributed at least seventy-two (72) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting MARIN HEALTHCARE DISTRICT I 100 So. Eliseo Dr, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 AGENDA - REVISED Closed Meeting Tuesday May 9, 2006 * 6:00 pm Board of Directors MGH Conference Center Marin Healthcare District 250 Bon Air Road Greenbrae, California 94904 ........................................................................................1 NOTE: This is a Closed Meeting of the Board of Directors of the Marin Healthcare District. By law, no items ofbnsiness other than those on the agenda may be considered by the Board of Directors at the Special Meeting. Members of the pnblic will have an opportnnity to address the Board regarding only those items listed on this agenda. (I) CaIl to Order (2) Announcement of Purpose of Special Meeting (3) Roll Call: Lawrence Arnstein, MD; Archimedes Ramirez, MD; John Severinghaus, MD; Suzanna Coxhead; Sharon Jackson. (4) Public Comment Regarding Agenda Item (5) Closed Session A. Conference with Legal Counsel: Pending Litigation pursuant to Government Code Section 54956.9(a): Marin General Hospital vs. Marin Healthcare District. (6) Open Session: Announcement ofResuIts of Closed Session (7) Adjoununent A copy of the agenda for the Special Meeting will be posted and distributed at least twenty-four (24) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting. -~_._.._- ~---_.- /1, AGENDA FOR . MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY TRANSIT DISTRICT BOARD OF DIRECTORS Agenda items will be heard at the time specified or later. depending on the progress of the meeting. AGENDA Tuesday, May 9, 2006 Board of Supervisors Chambers, Room 330, Civic Center 9:00 a.m. Convene as the Marin County Transit District Board of Directors 1a. Open time for public expression, up to three minutes per speaker, on items not on the Transit District agenda. 1b. Board of Directors' Matters. 1c. Transit Planning Manager's Oral Report. 1d. Public Hearing to Receive Comment on the Draft Service Plan. Recommended Action: Receive public comment and provide direction to staff. Adiourn as the Marin County Transit District Board of Directors 10:00 a.m. Convene as the Board of Supervisors 2. Approval of minutes of the regular meeting of April 18, 2006, and the special meeting of April 26, 2006. 3. Board of Supervisors' matters. 4. Administrator's report. 5. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 6. 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.) 7. Supervisor Adams requesting resolution proclaiming May 2006 as "Foster Parent Appreciation Month". 8. Supervisor Adams requesting resolution proclaiming May 12 - May 19, 2006, as "Bike to Work Week"; and proclaiming May 18, 2006, as "Bike to Work Day". ~ rI ,.. ~ 'I ..... .... .~ American sign language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at httD:llwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The audio portion of Board meetings is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/audio/index.cfm. A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. ..~ ~ 9. 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. 10. Request from the Health and Human Services Director to authorize President to execute agreements with the California Department of Aging to provide state-funded, community- based services for seniors. Recommended actions: (a) Authorize President to execute two agreements (#AP- 0607-05 in the amount of $1,310,421 and #TV-0607-05 in the amount of $112,681) with the California Department of Aging and; (b) adopt corresponding resolutions accepting subgrant awards from the State Department of Aging and authorizing the County to execute the grants. 11. Request from the Health and Human Services Director to authorize President to execute FY 2005-06 agreement with Community Action Marin, in an amount not to exceed $1,153,101, to provide a variety of peer-based support services to people living with serious mental illness. Recommended actions: Approve. 12. Request from the Department of Health and Human Services, Division of Alcohol, Drug and Tobacco Programs, to authorize President to execute amendments to FY 2005-06 contract agreements, totaling $578,706, for the provision of Substance Abuse and Crime Prevention Act ("SACPA") alcohol and other drug prevention and treatment services. (4/5 vote) Recommended action: (a) Authorize President to execute amendments to FY 2005- 06 contract agreements; and (b) approve related budget actions as detailed in staff report dated May 9, 2006. 13. Appointments: County Service Area ("CSA") #16 - Greenbrae Two term expirations (Ron Goldman and Tim Pidgeon). Both incumbents have reapplied. Recommended actions: Make two (2) appointments. 11 :00 a.m. 14. Hearing: Ordinance amending Chapter 2.96 of the Marin County Code addressing the Sheriff's required holding period for unclaimed property. Recommended actions: Conduct hearing scheduled at 11 :00 a.m. and consider adopting ordinance. 15. Hearing: Request from the Community Development Agency to conduct a public hearing for comment on the FY 2006 Consolidated Plan Amendments (including FY 2006 projects) for the Community Development Block Grant ("CDBG") Program and the HOME Investment Partnerships Program. Recommended actions: Conduct a public hearing and consider (a) approving the Consolidated Plan Amendments and related documents as detailed in staff report dated May 9, 2006; (b) adopting resolution authorizing staff to submit the Consolidated Plan amendments to the U.S. Department of Housing and Urban Development ("HUDn); and (c) announcing that copies of the Consolidated Plan and related program documents are available from the Community Development Agency. Marin County BOS Agenda 2 5/09/2006 , 16. Closed Session: Conference with legal Counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: People v. Marin County Board of Supervisors, et a/. 1 :30 p.m. Reconvene in Open Session Announcement from Closed Session. 17. Hearing: Mease/Salah and Dougherty Appeals of the Planning Commission's adoption of a Mitigated Negative Declaration of Environmental Impact and Conditional Approval of the Mease/Salah Master Plan Waiver, land Division, Precise Development Plan and Design Review applications. 701 Nicasio Valley Road, Nicasio. (APN 121-200-01) Recommended actions: (a) Review the administrative record; (b) conduct a public hearing; (c) consider adopting a resolution denying the Mease/Salah and Dougherty Appeals, sustaining the Planning Commission's decision and adopting a Mitigated Negative Declaration of Environmental Impact; and (d) consider adopting a resolution denying the Mease/Salah and Dougherty Appeals, sustaining the Planning Commission's decision and approving, with conditions, the Mease/Salah Master Plan Waiver request, Land Division, Precise Development Plan and Design Review. ********************** CONSENT CALENDAR A (Items CA-1 throuah CA-61 ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) CA-1. Board of Supervisors: a. Supervisor Murray requesting resolution recognizing May 13, 2006, as "National Keep Your Cat Indoors Day." b. Supervisor Murray requesting resolution ~ecognizing the Marin Home Show & Benefit Jazz Fest for 30 years of education and entertainment. CA-2. Cultural Services: Request to approve the Consent to Assignment of Agreement for food and beverage concession services for the Marin Center and the Marin County Fair, from Event Beverages, Inc., to R. Ring's Enterprises, Inc., to complete the term of the final fourteen months of the agreement. CA-3. District Attornev: Request to adopt the following resolutions for continuation of the District Attomey's two technology-related grants funded by the State Office of Emergency Services ("OES"), including authorizing the District Attomey to execute, on behalf of the County, the grant award agreements and any extensions or amendments thereof: (a) Resolution No. 2006- _ in support of the District Attorney's application for the High Technology Theft Apprehension and Prosecution ("HTTAP") Program grant: and (b) Resolution No. 2006- in support of the District Attorney's application for the HTTAP Identity Theft Program grant. Marin County BOS Agenda 3 5/09/2006 CA-4. Health and Human Services: NOTE: Agreements in items CA-4a and CA-4b are renewals of existing agreements that were included in and funded in the FY 2005-06 budget. a. Authorize President to execute FY 2005-06 agreement with Marin General Hospital, in the amount of $75,837, to provide one eligibility worker to determine eligibility and process applications for persons seeking Medi-Cal and County Medical Services Program ("CMSP") benefits. b. Authorize President to execute the following two FY 2005-06 agreements with Marin General Hospital to provide acute inpatient psychiatric services: (1) in an amount not to exceed $265,000, for County-responsible clients on a fee-for-service basis; and (2) for Marin Medi-Cal beneficiaries as part of the Marin County Local Mental Health Plan. c. Authorize President to execute amendment to the agreement with Catholic Charities Catholic Youth Organization ("CYO"), increasing the contract by $42,642 for a total contract amount of $58,132, related to senior nutrition program costs. CA-5. Probation: Request to adopt Resolution No. 2006-_ authorizing the Probation Department to submit reapplication to the Corrections Standards Authority for continuation of Juvenile Accountability Block Grant funds to support the Marin County Juvenile Drug Court. CA-6. Public Works: a. Authorize President to (1) execute Notice of Completion for the New Staff Shower and Changing Rooms Project; and (2) approve final payment in the amount of $2,002 and release retention amount of $20,018, 35 days after Board action, to Zolman Construction and Development Inc. (Project No. C453) b. Authorize President to execute agreement with TransTech Systems, Inc., in the amount of $47,725, for the proposed upgrade of the Marin County Jail electronic control panels. (Project No. C481) c. Authorize President to execute agreement with Kermani Consulting Group, in the amount of $98,000, to manage the cost recovery effort from State and Federal agencies related to recent storm disasters. d. Adopt Resolution No. 2006-_ providing for the official adoption of the 2005-06 Road Mileage of County maintained roads. e. Authorize President to execute Easement Agreement with the Sewerage Agency of Southern Marin ("SASM"), allowing the SASM to construct the Rosemont Force Main sewer line project, affecting County lands known as the "Mill Valley to Sausalito Bike Path", with just compensation to the County. f. Authorize President to execute second amendment to lease with Piazza Trading & Company, Ltd. for lease of office space at 371 Bel Marin Keys Blvd., for the Information Services and Technology Department. g. Authorize President to execute amendment to the agreement with Carey & Co. Inc., increasing the contract by $63,017 for a total contract amount of $371,280, for architectural design services related to the demolition of the former County Jail. (Project No. C106-A) Marin County BOS Agenda 4 5/09/2006 ~._..- ---