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HomeMy WebLinkAboutTC Digest 2007-06-15 ~; TOWN COUNCIL WEEKLY DIGEST Week>of June 11-15,2007 Tiburon 1. Memo from Peggy Curran - re: Support for Marin Housing BMR Program Agendas & Minutes 2. Agenda - Design Review Board -June 7, 2007 3. Agenda - BelvederefTiburon Library Agency - June 18, 2007 4. Agenda - Belvedere/Tiburon Jt. Recreation Committee - June 18, 2007 5. Agenda - Design Review Board - June 21, 2007 6. Minutes - Hill Haven Property Owners Association - June 3,2007 7. Minutes - Planning Commission - April 25, 2007 8. Minutes - Planning Commission - May 9, 2007 9. Action Minutes - Planning Commission - June 13, 2007 10. Meeting Cancellation - POSC - June 12, 2006 Regional a) Correspondence from Smoke Free Marin Coalition - re: Illegal Sales to Minors b) Memorandum from SCTA - re: Marin/Sonoma Narrows Update c) Correspondence from Radio Sausalito - re: Commun. Radio on Marin Cable d) Correspondence from GGNRA - re: Marin Headlands/Ft.Baker Draft EIR e) Notice from PG&E - re: Application for Forecast 2008 Electric Procure. Costs f) Bay Area Monitor - June/July 2007 * g) Invitation - 47th Annual Moosefeed Luncheon - December 14, 2007 * h) Invitation -10th Anniv. Dinner - Marin County Scho~l Volunteers -10/13/07 * Agendas & Minutes i) Agenda - Marin Board of Supervisors - June 19, 2007 j) Agenda - Marin County Open Space District - June 19, 2007 * Council Only I. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: June 15, 2007 From: Mayor and Town Council . ~A/V'------- Peggy Curran, Town Manager "?f Marin Housing Request for Funding To: Subject: Attached is a letter from Marin Housing asking for core support for their operations. The organization is seeking $14,344.94 from Tiburon; other Marin cities have also received similar requests. The topic is being evaluated and discussed by the Marin Managers as a whole, and Administrative Services Director Heidi Bigall and I are evaluating the appropriateness of this request for Tiburon. We will advise the Town Council on the outcome of that process. If there is any funding recommendation we will bring it forward as a budget amendment at that time. Thank you. DIGEST May 21,2007 RECEIVED MAY 2 2 Z007, MAR'N HOUSING Town of Tiburon Attention: Margaret Curran 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Making Housing More Affordable 4020 Civic Center Drive San Rafael, CA 94903-4173 Executive Director Barbara Collins Dear Ms. Curran, The Marin Housing Authority (MHA) Below Market Rate Program has managed 25 units in The Town of Tiburon serving 42 households over the past years. We believe the program provides a great service to the community and is frequently invisible and seamless to the jurisdiction. As you are aware, MHA has been restructuring and repositioning to continue as a fiscally healthy and sound organization. With cuts in federal funding we have had to make difficult choices in order to preserve and sustain the housing and services we offer. MHA has been providing services to The Town of Tiburon through our BMR and Rehabilitation Loan Program in addition to the core Section 8 Housing Choice Voucher and public housing programs. Marin Housing plays a pivotal role in meeting the housing needs of the community, especially for very-low and low-income households. These programs assist jurisdictions to meet their Regional Housing Needs. It is our desire to continue these programs, but we need assistance from the jurisdictions whose housing we manage and preserve. In 2005/06, in spite of the high median and average home sale prices, MHA maintained an impressive level of affordability: almost half our buyers were below 800/0 of the Area Median Income (AMI) standard and almost a quarter were below 650/0 of AMI. MHA offers first time homebuyers Mortgage Credit Certificates and the American Dream Down Payment Initiative that significantly increases affordability to lower income households (below 800/0 AMI). These programs do not provide funding for program costs. 1.5 full time staff with an annual operating budget of $188,875 operates the BMR program, with a 150,10 overhead included. It has been proposed that MHA rely on a percentage of home sales to support program expenses; however, counting on sales fees to operate the program is problematic as sales are unpredictable. In 2003, there were eight sales and in 2005, there were thirty-four sales. Home sale prices are tied to the median income standard; and when we evaluated the period from 2002 thru 2004, we determined that the average sale price was below $170,000. In 2005-2006, median and average home prices were not typical because of 39 new units in San Rafael on top of the 20 re-sales during the period. This year to-date, MHA has only closed three home sales; but currently, sale commission fees are the only source of revenue to offset program costs. MHA is asking that each jurisdiction pay its "fair share", proportional to / the percentage of program units managed for the jurisdiction. Housing Authority of the County of Marin 415/491-2525 (FAX) 415/472-2186 (TOO) 1-800-735-2929 We also explored increasing our fee to the realtor's norm of 60/0, particularly with older, inexpensive units that now sell between $100,000 and $150,000. These homes are well below their original affordability targets and the sales fee pricing could be reviewed with each jurisdiction, as they are re-sold. This would not affect the Restricted Resale Price paid to the seller, but would be an adjustment to the sale price going forward. This may be an option explored by some jurisdictions; however, tying the program budget to sales alone is not representative of the majority of the work conducted by the staff. More time is spent on existing challenges such as over-encumbrance or defaults, inheritance issues, and client counseling to prevent these problems, than in actual sales in a "normal" year. (And the day-to-day tasks of queries, pricing, and lottery input, etc.). Due to these factors, MHA proposes that the program be funded by contributions from each jurisdiction according to the percentage of the units managed for that jurisdiction. Sales and fee income would be reviewed biannually to adjust funds required to meet program expenses. Attached is the scope of work to be included in the program through a Memorandum of Understanding. If you have any questions please contact either myself at 491-2530 or Peter Ramsay, Acting Manager, at 491-2547. Thank you for your consideration of this matter and we look forward to a continued partnership to create and maintain affordable housing in Marin. ------..) ~///~ ' ~~-----------"- ar ollins .--:;) Executive Director Cc: Scott Anderson, Director of Community Development Dean Bloomquist, Building Official Heidi Bigall, Director of Administrative Services Ann Danforth, Town Attorney MARN HOUSING Making Housing More Affordable Memorandum of Understanding This Memorandum of Understanding ("MOU") is entered into as of May 21,2007, between the Housing Authority of the County of Marin (the "Housing Authority") and The Town of Tiburon (the "Jurisdiction") with respect to the administration of the Below Market Rate Homeownership Program (the "BMR Program"). This MOU shall define all of the policies and procedures which shall govern the pre-development planning, consulting services, initial sale, monitoring, resale and refinance of each unit within the City that is administered by Marin Housing through the BMR Program (the "BMR Unit"). The Housing Authority and the jurisdiction agree as follows: 1. BMR Program Fees. The Housing Authority shall be paid for services and activities provided in support of the BMR Program with respect to the Jurisdiction's BMR Units according to the attached Exhibit A--BMR Program Fee Schedule. The Fee Schedule shall be reviewed and revised annually by the parties to this MOU. 2. Term of MOU. Regardless of the term of the resale restrictions recorded with the BMR Unit, the term of this MOU shall be five years from the date of this MOU, with an option to renew for another similar period upon the written approval of both parties to this MOU. 3. Notices. Notices shall be sent to the following addresses: Housing Authority: Housing Authority of the County of Marin Attention: Executive Director 4020 Civic Center Drive San Rafael, CA 94903-4173 Jurisdiction: Town of Tiburon Margaret Curran, Town Manager 1505 Tiburon Blvd. Tiburon, CA 94920 4. Resale Restriction Documents. The BMR Unit shall be secured by a Resale and Refinancing Restriction Agreement and Option to Purchase, and a Housing Authority Deed of Trust, both of which will be recorded with the property at the close of escrow. 5. Priorities and Preferences in the Selection of Buyers. The Housing Authority will utilize a lottery system to select prospective buyers from among all BMR applicants. The Housing Authority will utilize a standard definition of live/work in Marin County as a priority in the 1 of 1 0 5/21/2007 selection of prospective buyers for any BMR Unit. If the jurisdiction desires to implement any other priorities or preferences in the selection of buyers for any BMR Unit, the jurisdiction must assume all of the duties associated with the selection of the buyer for the BMR Unit. The Housing Authority will not participate in any buyer selection or qualification that requires the use of any other priority or preference system. 6. Default, Foreclosure, or Over-Encumbrance of BMR Unit. Any BMR Unit that falls into default or foreclosure, or that becomes over-encumbered, shall be subject to the Housing Authority's assignment of the property back over to the jurisdiction. In such a case, if the jurisdiction provides their fair share of program costs, then Marin Housing Authority will provide the services to secure the property, but may require a short-term loan from the jurisdiction to secure the property. Otherwise, the jurisdiction may elect to contract with another agency or professional service, may choose to resolve the matter utilizing its own staff and resources, or may choose to contract with the Housing Authority on a case-by- case basis to provide services on a cost plus basis to resolve the matter. For the TOWN OF TIBURON: Authorized Signatory: NAME DATE For MARlN1:tOlJSI NG: ____---------__. // / /--- --. ~ (~ -----// \ ~/..-::> \ , ------ 5)0/ ~;7 - // BARBARA COLLINS, Executive Director DATE 2 of 1 0 5/21/2007 Exhibit A BMR Program Fee Schedule Effective January 2, 2007 1. Annual Retainer For the 25 BMR Units in the Jurisdiction administered by the Housing Authority, the Jurisdiction shall pay to the Housing Authority an annual fee of $14,943.00, payable upon presentation of invoice. If the Annual Retainer is paid by the Jurisdiction, all services except legal, title, recording, and loan charges will be provided by Marin Housing Authority at no additional cost to the Jurisdiction. Exceptions will be charged at actual cost to Marin Housing and the jurisdiction will be provided with an estimate of those costs. See Exhibit B for a list of services included in Annual Retainer BMR Program Costs by Jurisdiction Corte Madera County Larkspur Mill Valley San Anselmo San Rafael Tiburon TOTAL BMR Units 31 91 25 25 3 117 24 316 % of Inventory 9% 29% 8% 8% 1% 37% 8% 1000/0 % of Operating $18,528.88 $54,391.22 $14,942.64 $14,942.64 $1,793.12 $69,931.57 $14,344.94 $188,875.00 Otherwise the following apply: 2. Sale of BMR Units For each sale of an existing BMR Unit in the Jurisdiction that is facilitated by the Housing Authority, the Housing Authority shall be paid a BMR Sales Transaction Fee equal to six percent (6.00,10) of the sales price of the BMR Unit, to be divided and paid in equal shares-one-half by the Buyer and one-half by the Seller, through the escrow account. If at mid-year Marin Housing Authority has recovered all program costs for that Jurisdiction through sales, then the Jurisdiction will be refunded their Annual Retainer. 3 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 3. Pre-Development Activities and Consultation with Developers The fee for pre-development activities and consultation with the City and with developers regarding the City's inclusionary housing requirements, and the delivery and pricing of work-force or affordable housing shall be arranged in advance by means of a written contract with the Housing Authority for each specific development and/or developer at $100 per hour. 4. Default. Foreclosure. Over-Encumbrance. Bankruptcv For any BMR Unit that falls into default or foreclosure, or becomes over-encumbered, or subject to bankruptcy proceedings, the Housing Authority will assign its option and all rights under the BMR Resale Restrictions to the Jurisdiction. The Jurisdiction, at its option, may elect to contract with the Housing Authority at $100 per hour plus legal costs and/or engage outside professional legal services in recovering the BMR Unit. 4 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 Exhibit B BMR Proaram Services and Fees . Annual monitoring of at least one third of existing BMR units to verify current owner for compliance with the Resale Restrictions (e.g., continuing owner occupancy, property upkeep, not over-encumbering the property, etc.) . Provide semi-annual status reports to the Jurisdiction on BMR sales activity and related information (e.g., BMR owner demographics, current affordability levels, number of BMR resales, etc.) . Create and distribute an annual newsletter to BMR participants . Respond to routine inquiries from BMR owners, lenders, realtors and developers regarding how the BMR program works, how the resale restrictions work, how to determine affordability, how to apply for capital improvements, what is the resale procedure, what is the policy on renting, matters dealing with inheritance and changes on title, etc.) . Available "on call" to meet with the Jurisdiction and prospective developers to discuss the locality's inclusionary requirements and how they can be met through the BMR Program, and explain how to determine a specific "affordable" sales price to be applied to a general income level target . Provide current Median Household Income information to Jurisdictions and prospective developers and explain the nuances of Income Limits, Median Income, the relationship between them, and how they are typically used to determine affordability . First-time homebuyer counseling regarding mortgages, refinancing, and HOA's . Consult with Jurisdictions and instruct attorneys regarding Option Events: .:. Over-encumbrance .:. Defa u Its .:. Deaths, Inheritance .:. Renting out (living elsewhere) Additional Programs: . Administer ADDI (American Dream) . Apply for funding and administer Mortgage Credit Certificate Program . Administer Marin City Down Payment Assistance Program 5 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 Incidental BMR Program Fees .:. BMR Lottery Application: The application fee for individuals to enter the lottery for BMR units that are sold by Marin Housing shall be an annual fee $50 for the calendar year, payable at the time of submitting an application. .:. BMR Resale Price Valuation: The fee for preparing a BMR Resale Price Valuation shall be $100, payable by the owner, in advance. .:. Capital Improvements: The fee for inspecting and approving the value of capital improvements to be added to the BMR Resale Price shall be $100, payable by the owner, in advance. The Housing Authority will not consider any capital improvements that total less than $1,000 and that the Housing Authority has not approved in writing, in advance. 6 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 BMR Re-Sale Services 1. MHA receives letter from BMR Owner ("Seller") notifying MHA of Owner's Intent to Sell. 2. MHA calculates BMR Re-Sale Price as of date of receipt of letter (worksheet & cover letter) and sends to Seller within 5 days; and prepares list for "Receipt of Documents" for later use. 3. MHA sends Seller an acknowledgement letter confirming BMR Re-Sale Price and proposed schedule to complete the re-sale transaction; and advises seller to order Resale Inspection from City if Code Regulations state that City requires; and ask Seller to send us copy. 4. MHA contacts local jurisdiction to inform them of resale and determine if locality wants to do anything other than re-sell to a qualified first-time homebuyer. 5. MHA advises Jurisdiction of any additional costs related to title, recording fees, and legal costs. 6. MHA makes an appointment and performs an inspection of the BMR unit to review condition of the unit, assess any capital improvements to be factored into the price as well as any necessary repairs or adjustments to the price, and reviews details of the re-sale process with the Seller; and requests HOA disclosure documents from seller (see detailed below in #7). 7. MHA orders Contractor's Inspection (to be charged to Seller out of close of escrow). Contractor's Inspection will prevent last-minute complaints by Buyer, after close of escrow. 8. MHA contracts for any repairs or replacement items with a licensed, insured, general contractor. M HA will secure three competitive bids to complete the work. 9. M HA orders from Condo Certs (cost to be charged out of close of escrow to seller) HOA Disclosure Docs, including Real Estate Transfer Disclosure Statement and "Request For Response" from Management Co, and reauests from Seller their HOA disclosure documents, minutes, etc; lists them on a Receipt for Documents index; performs a review of documents and does any necessary follow-up to verify that the packet is complete. (MHA) meets later with Buyer, who signs for receipt of docs, including Natural Hazard Disclosure Report and Earthquake Safety Booklet. 10. MHA order Natural Hazard Disclosure Report. 11. MHA conducts outreach and marketing; establishes deadline for applications; sets date for lottery. 12. MHA orders Preliminary Title Report from the title company and a Structural Pest Control Report from a local termite inspection company. MHA reviews both reports and contacts HOA, if necessary, regarding follow-up on repairs. 13. MHA performs lottery (generally within one week of Notice to Sell) to select list of prospective buyers from among all eligible applicants utilizing Access database and random number generator software program. 14. MHA sends out a letter with the lottery results to the top 10 to 15 names and invites those applicants to an Open House to be conducted by the Seller on a specified 7 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 weekend. The letter describes follow-up procedures if the applicant is interested, and lists the required documentation the applicant will need to bring to the interview. 15. MHA logs and tracks confirmation of interest from the applicants and schedules appointments for eligibility interviews with those who ranked highest in the lottery. 16. MHA conducts an eligibility interview to screen the applicant for BMR program eligibility and applicant's ability to qualify for financing. MHA provides an overview of the BMR Program, the Resale Restrictions and financing options. MHA also reviews with the applicant a pro forma financial analysis of the purchase transaction (typically runs 2 to 3 hours per interview session). 17. MHA contacts the applicant's lender to verify feasibility of the proposed financing and any outstanding issues (e.g., crediUdebt issues, funds available for down payment and closing, gift funds, required documentation, etc.); and remains in contact regarding pre-approval for financing. 18. Once an applicant has been determined eligible and has provided evidence of loan pre-approval, MHA draws up a Standard Residential Purchase Agreement, which is signed in a one-on one session with MHA, first by the Buyer and then by the Seller. The Purchase Agreement includes the proposed terms of the Buyer's financing and establishes the proposed date for the close of escrow. Attachments to the Purchase Agreement include the BMR Program Transaction Fee Disclosure and the BMR Buyer's Disclosure Statement, and any Addendum regarding Buyer/Seller credits, if applicable. Make sure that Buyer understands family inheritance rules before signing Disclosure. MHA gives Buyer a general presentation all of the required disclosure documents, lists them on a Receipt for Documents index, and gives to Buyer, who signs for receipt of each item. 19. MHA sends via Registered Mail the "Exercise of Option" letter, within 60 days of receipt of owner's "Notice to Sell". 20. MHA provides copies of the signed Purchase Agreement (including any Addenda), Contact Sheet, Preliminary Title Report, Resale Restrictions and Buyer Eligibility Letter to the Lender. 21. MHA forwards Buyer's initial deposit of 30,10 of the purchase price to the Title Company along with Escrow Instructions, Contact Sheet, and the original executed Resale Restriction documents to be recorded at the close of escrow. 22. MHA receives Mortgage Credit Certificate application forms completed by the Buyer and the Lender and MHA issues an MCC Commitment Letter confirming reservation of an MCC allocation for that specific transaction. This process may periodically alternate with the use of American Dream funds administration. 23. MHA interviews and qualifies at least one additional applicant (next in line from the lottery) to fill a back-up position should the selected Buyer drop out for any reason or fail to obtain final loan approval. 24. MHA continues to follow up with the Buyer, Seller, Lender and the Title Company to coordinate final steps, resolve any outstanding issues and see the transaction through to a successful close of escrow. 25. MHA does final walk-thru with Buyer 3 days prior to close of escrow; while Seller is responsible for any applicable repairs. 8 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 26. MHA coordinates with Seller to bring keys to MHA and we give keys to Buyer at the close of escrow. 27. MHA receives BMR post-loan-closing documents from the Title Company (BMR Sales Transaction Fee, HUD-1 Settlement Statement, recording information for the Resale Restriction documents, Request for Notice of Default, etc.). 28. MHA receives MCC post-loan-closing documents from the Lender and issues the MCC. 29. MHA updates both the BMR and the MCC databases and the relevant files to document the BMR re-sale transaction and the newly issued MCC. *** American Dream or MCC will be explained to applicant, as available. 9 of 1 0 BMR MOU and INVOICE _ Tiburon.doc 5/21/2007 J. DESIGN REVIEW BOARD AGENDA DIGEST TOWN OF TIBURON 1505 TmURON BOULEVARD TIBURON, CA 94920 DATE: 6/7/07 MEETING TIME 7:00 P.M. AGENDA NO.: #10 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. A. ROLL CALL: Chair Doyle, Boardmembers Corcoran, Frymier, Glassner and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 2. 3. 2309 Spanish Trail 673 Hawthorne Drive Stafford Young New DwellingN ariance/Floor Area Exception CONTINUED TO 6121/07 AdditionIVariances CONTINUED TO 6/21/07 Addition/V ariances 1. 1893 Centro West Street Harb E. NEW BUSINESS BEFORE THE BOARD 4. 5. 6. 173 A venida Miraflores 43 Upper North Terrace 2 Warren's Way Roach Soofer Roberts Exterior Alteration! Appeal Addition/V ariances Addition/V ariances CONTINUED TO 6/21/07 F. APPROVAL OF MINUTES #9 OF THE 5/17/07 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** Jun 15 07 11:28a BEL-TIB LIBRARY 415-789-2650 p.2 J. REGULAR MEETING BELVEDERE..TIBURON LIBRARY AGENCY Monday, June 18, 2007 Regular Meeting 6:15 PM Belvedere- Tiburon Library 1501 Tiburon Blvd., Tiburon, Ca[ifornia IJ/GSsr AGENDA CALL TO ORDER/ROLL CALL OPEN FORUM This is an opportunrty for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon being recognized by the Chair. please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Board consideration will be agendized for further discussion at a later meeting. STAFF, BOARD AND COMMITIEE REPORTS 1. Chair's report - Ann Otter (5 minutes) 2. BTLF report - Carol Kurland (5 minutes) Appoint trustee liaison to next meeting 3. Library Director's report - Deborah Mazzo!ini (10 minutes) 4. Financial statement, May 2007 (5 minutes) 5. Committee reports Program Committee calendar and Film Series Response Summary CONSENT CALENDAR - 3 minutes The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Board, its staff or the pUblic may request removal of an item for discussion. 6. Approval of minutes of May 21,2007 7.. Approval of warrants dated May and in-house check register TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. 8. Building Program Planning Update (10 minutes) Draft letter to Tiburon Town Council regarding permit process 9. Building Facilities Maintenance (5 minutes) 10. Final Budget FYE June 30, 2008 (10 minutes) COMMUNICATIONS & ANNOUNCEMENTS 11. Monthly calendar 12. Schedule of 2007 meeting dates 13. Letter from Town of Tiburon confirming the appointment of Trustee Beverlee Johnson ADJOURN NOTICE AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: ~gendas and/or agenda packet materials in alternate formats; special assist~n~e n~eded t~ attend or part~clpate In thIS meeting. Please make your request at the office of the Ad~'lIn1stratlve ASSIstant or by calling (415) 789-2660. Whenever possible, please make your request three days In advance. . f:::~~.1IBURO~ ~ -vr-- fg.~' ~Recreation Department DIGEST ~. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Special Meeting Monday, June 18,2007 7:00 p.m. Tiburon Town Hall- Tiburon Community Room 1505 Tiburon Boulevard, Tiburon The public is invited to attend. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact: Belvedere-Tiburon Recreation (415) 435-4355. Notification 48 hours prior to the meeting will enable Belvedere- Tiburon Recreation Committee to make reasonable accommodation for full participation. (28 CFR 35,102- 35,104 ADA Title II) 7:00 Call to Order Committee: Jerry Riessen, Chair Jennifer Muller, Vice-Chair Robert McCaskill Tara Sullivan Priscilla Tripp Denise Bauer Merrill Boyce Tiburon Belvedere Belvedere Tiburon Tiburon Belvedere RUSD I. Public Comment The public may direct questions or comments related to Be1vedere- Tiburon Recreation business to the Committee and Director concerning matters not listed on the agenda. The Committee can take no action unless the matter is placed on a subsequent agenda II. Minutes 1. Approval of minutes for the Regular Meeting held May 14, 2007. Second by Vote Motion III. Finance Reports 1. Review of May cash reports. IV. Information and Discussion Items 1. Workers Compensation Update 2. Tennis Courts Update 3. Golf Toumament 4. Personnel Update 5. Summer Camp Enrollment Update 6. Executive Director replacement status 7. Program Update: Ballet perfonnance 8. Status on benefits proposal V. Action Items: 1. None VI. Adiourn .. . ''-.r · II Belvedere- Tiburon Joint Recreation Committee Meeting Minutes for Regular Meeting Held May 14, 2007 Call to Order, 7:00 pm Committee Members: Jerry Riessen Jennifer Muller Bob McCaskill Tara Sullivan Priscilla Tripp Denise Bauer Merrill Boyce, RUSD Chair Vice-Chair Present Absent Present Absent Present Present Present Staff Members Present: Dana Thor, Sherry Burchert I. Public comment - No members of the public were present for comment. II. Minutes: - The minutes for the regular meeting held April 16, 2007 approved. Motion - Riessen: ,Second - Bauer: Vote 5-0. III. Finance Reports: Burchert reviewed the April Cash Reports. She explained that the AC 3 revenues were off slightly due to the absence of the "Rock the House" program, which brought in approximately $5,000.00 in revenue last spring. This program was not offered this spring because an agreement of venue could not be reconciled with the instructor. Burchert also stated that Paradise, Summer Youth and Angel Island revenues appeared to be on track. Tripp questioned why the Other Programs revenue was down from the previous year. Burchert explained that we were offering about a third of the specialty camps that we offered last year based on the recommendations of the consultants. Tripp also inquired as to why the Adult Programs revenue was down from last year. Thor explained that we lost a bridge instructor who taught several classes, which were profitable last year. She has not been able to find another instructor for these classes, but continues to search. IV. Information and Discussion Items 1. Workers Compensation. Burchert reported that she mailed a letter to the P ARDEC Board of Directors requesting waiving the minimum premium fee. The Board will meet on May 23 rd. Burchert stated that she will email a decision to the board once she is notified. Riessen stated that it wouldn't hurt to call our rep at P ARDEC and explain our situation to him again and how much this difference would impact our department financially. 2. Merchant Account Update. Denise Bauer was able to negotiate a reduced percentage with Bank of America. The decrease (2.37% to 2.1 %) will be effective June 1st, Burchert will check the statement to verify the adjustment has been made. 3. Tennis Court Update: Thor reported that the tree roots removal and landscaping of the Belvedere courts was due to begin on June 21. She inquired if anyone had followed up with Peggy regarding resurfacing the Pt. Tiburon courts, because the contractor was very busy and scheduling him was challenging. Riessen stated that he would follow-up with Peggy regarding financing the resurfacing of the Pt. Tiburon courts. 4. Belvedere Community Foundation Grant. Burchert reported that we were awarded a $3000.00 re-imburseable grant for summer camp scholarships to be invoiced at the end of the summer. We've notified last year's scholarship recipients of the funding to encourage registration. Bauer suggested that we contact RUSD regarding the lunch program participants and inform those students of our camp scholarship funding. 5. Golf Tournament Update: Burchert reported that she and Dana met with George to discuss the golf tournament. The venue has changed to Stone Tree in Novato. Per George's recommendations, we will need assistance with sponsorships, player recruitment, raffle prizes and at least four people are needed the day of to help out. Thor stated that she would not be available the day of the tournament and we would need two committee members to assist at Stone Tree in addition to the two staff members that will be present. Burchert stated that we were working on creating "Save the Date" flyers and sponsorship letters for distribution. As soon as those letters were distributed, we would forward the contact lists to the committee for follow-up. 6. Personnel Update. Burchert reported that Jaime Hoffman (recreation coordinator) has resigned. Her last day of work will be June 8, 2007. 7. Summer Camp Enrollment Update. Burchert recommended canceling the first six weeks of Miwok due to low enrollment and attempting to retain those participants to the later weeks in August. Paradise, Summer Youth and Angel Island enrollment appear to be on track, so far. Burchert stated that there was a waiting list for the first week of Angel Island Camp due to the popularity of the theme (Survivor Challenge) as indicated by parent feedback when registering. Bauer asked why week six of Angel Island Camp did not have any enrollment. Burchert was also perplexed. A suggestion was made to change the theme of week six to "Survivor Challenge" and try to move participants off of the waiting list of week one into this week. Burchert confirmed that she would make the change. 8. Executive Director Replacement Status. Riessen reported that he, Thor and Burchert met to discuss the job description. Minor changes were made to the Director Job Description and Riessen asked that the committee review the job description and provide feedback, if any. IV. Action Items: 1. Vote to approve the salary adjustments presented at the 4/24/07 special meeting. Riessen reviewed the salary proposal presented by Burchert and Thor. Motion to approve-Tripp Second: McCaskill Vote: 5-0 VI. Adjourn: Meeting adjourned at 8:00 pm. 2 ,. ~. DIGEST DESIGN REVIEW BOARD AGENDA TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DATE: 6/21/07 MEETING TIME 7:00 P.M. AGENDA NO.: #11 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes,' (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. A. ROLL CALL: Chair Doyle, Boardmemhers Corcoran, Frymier, Glassner and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) , 2. 3. C. STAFF BRIEFING D. CONSENT CALENDAR 1. 1 73 A venida Miraflores Roach Resolution Granting Appeal New DwellingNariance/Floor Area Exception CONTINUED TO 7/19/07 Addition/Variances CONTINUED TO 7/19/07 F. NEW BUSINESS BEFORE THE BOARD 4. 5. 6. 7. 8. 9. 10. E. OLD BUSINESS BEFORE THE BOARD 1893 Centro West Street Harh Additions Addition/V ariance Addition/V ariances Addition/V ariances Decks/PoolN ariances New Dwelling New Dwelling CONTINUED TO 7/19/07 G. APPROV AL OF MINUTES #10 OF THE 6/7/07 DESIGN REVIEW BOARD MEETING 2309 Spanish Trail Stafford H. CONSIDER CANCELLATION OF THE 7/5/07 DESIGN REVIEW BOARD MEETING 313 Karen Way Duncan 442 Greenwood Beach Road Snellgrove 2 Warren's Way Roberts 2130 Mar East Street Schonefeld 29 Meadowhill Drive Russell 4365 Paradise Drive Ammar 42 Claire Way Clawson I. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** 'I RECEIVED ~ JUN 1 1 Z007 , TOWN MANAGERS OFFICE TOWN OF TIBURON Minutes of the General Membership Annual Spring Business Meeting Held at the home of Edith and Hal Hobbs on Lagoon View Drive Sunday, June 3, 2007 4:00 P.M. Attendina: All Officers (except Vice President Hal Freemon), Director Elizabeth Moffett and Hill Haven Residents. Treasurer's Report: Paula Little reported that, 53 of the 82 members (64.6%) paid their 2007 dues and the bank balance is now $2,789.06. Unpaid members are requested to send their $10.00 check made payable to Hill Haven Property Owners' Association to Treasurer Paula Little, 420 Ridge Road, Tiburon, CA 92940. 1. Election of Officers and Directors: The following slate of officers and Directors for 2007 was presented and all were elected unanimously: Officers Directors President: Vice President: Secretary: Treasurer: Jerry Riessen Hal Freemon Hal Hobbs Paula Little Joan Dracott Fred Hannahs Jim Horan Charles Laurenson Elizabeth Moffet Dr. Lynn Spitler Trudy Taich Arnie Pearce 2. Town Events: Jerry reported on the various items covered in the annual summit meeting of the 29 property owners associations (paragraphs 3 through 8). 3. Paradise Drive Underaroundinq Proiect: They have pulled the PG&E electric cables and 95% of the adjoining parcels owner are hooked up. When finished the roads will be repaved. 4. Town streets: 23 streets in Tiburon have been classified as failed or dead (none of them in Hill Haven) and we are currently spending one million dollars to rebuild some of them. Previous budgets had annualy averaged approximately $200,000 for street work. ,''':. 5. Bicycle Path: The path will be widen@d with th~ n~w w~t@.b m~int 6. Community Center: Work is proceeding on planning a moderate center on the gravel lot next to the town hall. 7. Earthquake Preparations: The recent Belvedere-Tiburon preprations have been taken over by Marin County. Hill Haven should count on 3 to 5 days without police and fire protection after any disaster. Tune in on 840 AM on your radio. More will be heard about this in the future. 8. New Sewer Line: A new line will be installed further dmwn on Paradise Drive connecting to the Seafirth Plant. 9. Remodeling: Recent disputes demonstrate that the first step should be for you to talk to your neighbors at the very beginning. This can also work for tree disputes. 10. Martha Prop'ertv: Jerry gave an excellent update on the latest developments on this property complete with maps, photographs (undeveloped and developed sites), etc. This situation centers on the December 29, 1976 Judqrnent Pursuant To Stipulation which allowed a minimum of 43 single family homes on t acre minimum parcels developed through Marin County. The Martha property felt that the town of Tiburon had treated them unfairly in their two previous applications and they believe this judgment allows them to develop hornesites within 300 feet horizontally or .within 100 feet vertically of visually prominent ridgelines instead of locating them in gullies with little or no views. The reasoning on the passing of the Judqment is that we had a judgment and we should stick by our judgment. As a background, Jerry with the Last Chance Committee had helped with bond issues raising 8 million dollars which purchased the 101 acre Harroman and the 16 acre Jay properties for the Old Saint Hilary's Open Space Preserve now operated by Marin county. The Martha property of about 100 acres was purchased in 1923 by the Reeds and the early Tiburon submittals encountered problems with mud slides, endangered plants and 1 endangered animal. Current plans for this property suggest one site at the end of Straits View Drive, 3 at the end of Mountain View Drive and several at the end of Ridge Road. The meeting was then adjourned for conversations with wines, cheeses and cookies furnished by Paula Little and Edith Hobbs. ~~ Hal Hobbs, Secretary Curran, Tiburon Town Manager ~ ave-Old Tlburon Home Owners Association (LCOTHOA) ro~~N-Mw~moomWW~NM~_~ (Y) ...... '<::t (l') o~ ....... t--- OJ 1'-. 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C OJ (II +, +-' qJ C (jJ -U +>L L'="JU -t-' o....ilJ -~ () Oill:;::.-l c- () 4J -0 f1j m H) L U) (j) W I 0 I w ?;:-J L cr::J >--- 0 o -:t 'J ~t (Y; '4 Ln ..(j r. w" 0 OJ ',J (Ii ij J l-iJ m l[) (Y-. 0 () 0 0 0 0 0 0 - ....... ---j (\1 (\J (J " ~~~oornOOOOOOooOOOOOOmmOOOOmG () ~ .- ..;...:. Iii III .- .- IW_- == ~~_t~~~~-~-~~_~~-~~j~~~~~.--J-- e...b c: _ ~~ .N~ o \)tC "" '" . , . . 1. MINUTES NO. 946 PLANNING COMMISSION April 25, 2007 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California DIGEST CALL TO ORDER AND ROLL CALL Chair Fraser called the meeting to order at 7:30 P.M. Present: Chairman Fraser, Vice-Chairman Aguirre, Commissioners Kunzweiler and Commissioner O'Donnell Absent: Commissioner Collins Staff Present: Director of Community Development Anderson, Planning Manager Watrous, and Director of Public Works Nguyen ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Director of Community Development Anderson stated there was one item to add to the Upcoming Items list at the bottom of the Agenda for May 9, which was a time extension for a day care use permit. He stated that the May 23 meeting may be cancelled due to the lack of items. Planning Manager Watrous reminded the Commission of the Town Council/Planning Commission workshop set for May 21. PUBLIC HEARING 1. END OF PARENTE ROAD AND END OF ANTONETTE DRIVE: CONFIRMATION OF PRECISE DEVELOPMENT PLAN WAIVER FOR PARENTE VISTA PROPERTY; Lionel Achuck, Owner; Ton NewtonlILS Associates, Applicant; Assessor's Parcel No. 038-111-16 Planning Manager Watrous presented the staff report. Lionel Achuck, Owner, stated that the design of the proposed driveway would be essentially the same as that approved by the Design Review Board. He said that he had TIBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 1 .. . ." earlier negotiated with the previous owners of the Parente Vista property for an easement for this driveway alignment. He said that this driveway design would reduce the amount of grading needed and would be more aesthetically appealing. Commissioner Kunzweiler asked about the temporary driveway present on the site. Mr. Achuck replied that there is temporary paving in the same approximate location as the proposed driveway. He said that the finished driveway would be a little wider and the asphalt would be replaced with concrete, with no retaining walls. There were no public comments, and Chair Fraser closed the public hearing. Commissioner O'Donnell stated that he was on the Design Review Board when the Achuck house was approved, but he was a dissenting vote, because the driveway was so close to the property line and there was so much hardscape on the site. He said that the proposed driveway alignment would be a better solution than the one the Board approved. He said that he had no objection to the requested waiver and commended the applicant for how he is approaching the entire Parente Vista property. Commissioner Aguirre stated that he had no objections to the waiver request but wondered how this would affect the Parent Vista project as a whole. Planning Manager Watrous responded that staff felt that the driveway would have no substantive effect on the development of the property. Commissioner Kunzweiler asked if the applicant could change the current Parente Vista application to request more than two homes on the site. Planning Manager Watrous stated that that is possible, but noted that the applicant has been consistent in his approach to developing the site since he purchased the property. Commissioner Kunzweiler asked if the proximity of the proposed driveway to the future Parente Vista roadway would create any visual impacts. Planning Manager Watrous replied that this portion of the site is not that visible from other properties, except from afar. Chair Fraser stated that he visited the site and supported the requested waiver. ACTION: Move/Second (O'Donnell/Kunzweiler) to adopt the resolution confirming the waiver as submitted. Vote: 4-0 in favor. 2. 1525 and 1555 TIBURON BOULEVARD: EXTENSION OF TIME FOR CONDTIONAL USE PERMIT FOR TWO UN-PAVED PAY PARKING LOTS IN DOWNTOWN TIBURON; Main Street Properties (1525) and Zelinsky Properties (1555) Owners and Applicants; Assessor's Parcel No. 58-171-91 (portion) and 58-171-88 (portion). TIBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 2 Community Development Director Anderson presented the report, noting this was likely to be the final time extension granted for both parking lots, as plans had either been approved or were under preparation for the paving of both lots. Staff prepared two resolutions; one for each of the lots, that grant an extension for a year. Staff recommends the Commission take public testimony and adopt the resolutions granting the extensions for the two parking lots. Vice-Chair Aguirre referred to the condition in each resolution regarding the expiration date and asked to strike the words, "unless an application for extension has been granted." The applicant said he was available for questions. There were no questions of the Commission and no public comment, and Chair Fraser closed the public hearing. Commissioner Kunzweiler felt the Commission understood the reasons for the delay and supported the extension. Commissioner O'Donnell and Vice-Chair Aguirre both supported the resolutions, as amended. ACTION: Move/Second (Kunzweiler/Aguirre) to adopt the two resolutions with the words "unless an application for extension has been granted" stricken from each resolution. Vote: 4-0 in favor. Director Anderson said the Director of Public Works would be arriving shortly and asked the Commission to consider the moving the adoption of minutes ahead of the next scheduled item. The Commission agreed. MINUTES 4. PLANNING COMMISSION MINUTES - REGULAR MEETING OF MARCH 28,2007 ACTION: Move/Second (Aguirre/O'Donnell) to approve the minutes as submitted. Vote: 3-0-1 (Kunzweiler abstained). DISCUSSION ITEMS 3. DRAFT CAPITAL IMPROVEMENT PROGRAM REVIEW FOR FISCAL YEAR 2007-2008 BUDGET Community Development Director Anderson presented the staff report, clarifying that per State statute, the role of the Planning Commission was to annually review the Capital TlBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 3 Improvement Program (CIP) Plan for consistency with the General Plan. He felt, given the size of Tiburon, it was easy to determine when a capital improvement project was inconsistent with the General Plan. He stated that the CIP plan involved three categories; 1) streets; 2) drainage; and 3) community and miscellaneous projects, which includes undergrounding projects. Director Anderson said the plan is then discussed with all department managers and the Town Manager, it moves onto a standing Council subcommittee, which makes the recommendation to the full Council during the budget process, which is typically conducted in May and June. The budget is adopted prior to July 1st. Director of Public Works Nguyen arrived at the meeting at 8:05 PM. Commissioner Kunzweiler asked how projects relate to the General Plan in terms of priorities. He stated that the Commission spent considerable time prioritizing the General Plan programs, as well as timeframes as to when they might be underway. He cited as an example the line item regarding "Traffic Calming on Centro West". Director Anderson said this year he and Director of Public Works reviewed the General Plan Implementation program when working on the Draft CIP Plan. He said many general plan items do not appear because they are maintenance items; while many items are projects that have been around for awhile or are tied to on-going projects, such as the Lyford Bridge. Some of the other improvements, such as Tiburon Boulevard and Trestle Glen Intersections widening project, are keystone programs in the General Plan Circulation Element and will relieve some of the traffic congestion. He said the Stewart Drive at Tiburon Boulevard improvements are intended to address a long-standing problem and the Town finally got Caltrans to come through with some offer of improvements and the Town will contribute $15,000, which is only a portion of the cost. Caltrans will fund the bulk of the project cost. Director Nguyen described the Stewart Drive/Tiburon Boulevard intersection improvements for the Commission. Director Anderson stated the Open Space Management Plan was also very important and listed as High priority in the general plan program list, as well as the Fire Road item, and said staff did consult the General Plan Implementation Program when pulling together the draft capital improvements program list. Commissioner O'Donnell confirmed that the Seismic Risk Improvement Plan was also a high priority in the general plan list. Commissioner Kunzweiler questioned if the undergrounding projects were on budget and whether there was a contingency that the Town would need to consider using. TIBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 4 Director Nguyen said the Lyford Cove Underground District was on budget and that contingency funding was contained within the project budget itself; however, the project has actually been completed. Staff is now thinking about how to restore the roads and is writing a letter to the utilities to complete their portion of the project as soon as possible. He said Comcast and PG&E had actually mobilized on the site before the job was completed, which was a plus. Director Anderson said it would be many months at least before the utility poles were removed, due to the utility company's schedules. Director Nguyen confirmed with Vice-Chair Aguirre that the general area would also be entirely repaved, which was listed on the street improvement chart as Item 1 for $468,000, and said staff has had to come up with more funding to fully cover the cost. Chair Fraser asked if there was a list of top priority projects in the General Plan that did not make it into the budget. Director Anderson said he did not have a pre-prepared list, but most of the projects in there were not things that would ever appear on the CIP Plan list and were mostly non-budgeted, staff-intensive efforts that have not yet been completed. Director Nguyen said in following up on how the priorities are set or developed, one of the things that he will be promoting is the adoption of a Long-Term Capital Improvement Program. Historically, the Town has not adopted one, but it definitely is a good tool for financing. He said many finance directors use this as a tool to estimate their revenue stream and cost streams out into the future. Staff will be better able to identify costs and savings of projects, as well as their overall financing. Commissioner Kunzweiler felt Paradise Drive costs will need to be addressed, in addition to the overall condition of Town streets. Director Anderson said the Town has a better grip of the pavement condition and deterioration rates. He added that the Public Works Department has embarked on a Storm Drain Master Plan, which does the same as what the Street Pavement Program does, which is assess the condition of the storm drains, identify the deficiencies, develop a plan to bridge that deficiency, and cost out the overall effort into a long-term plan. He felt this would be another eye-opening project because currently the Town did not know the full extent of the <;leferred maintenance of its storm drain system, much of which was installed in the 1950's and 1960's. Vice-Chair Aguirre strongly recommended that a close look be taken of what capital improvements would be needed 5 to 10 years out. Commissioner O'Donnell questioned the condition of Mar West Street. Director Nguyen said the Town has federal and local monies and that the overlay project should be in construction in July of2007. TIBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 5 There were no other comments. ADJOURNMENT The meeting was adjourned at 8:30 P.M. ATTEST: JIM FRASER, CHAIRMAN SCOTT ANDERSON, SECRETARY TlBURON PLANNING COMMISSION MINUTES April 25, 2007 MINUTES # 946 Page 6 3. MINUTES NO. 947 PLANNING COMMISSION May 9, 2007 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California DIGEST CALL TO ORDER AND ROLL CALL Chair Fraser called the meeting to order at 7:30 P.M. Present: Chair Fraser, Commissioners Kunzweiler and Commissioner O'Donnell Absent: Vice-Chair Aguirre and Commissioner Collins Staff Present: Director of Community Development Anderson, Planning Manager Watrous and Minutes Clerk Harper ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Director of Community Development Anderson announced that the May 23 meeting may be cancelled due to the lack of items. PUBLIC HEARING 1. 761 HILARY DRIVE: ANNUAL REVIEW OF A CONDITIONAL USE PERMIT FOR A RELIGIOUS INSTITUTION AND PRIVATE SCHOOL (ST. HILARY CHURCH AND SCHOOL); File #19908; Roman Catholic Archbishop, Owner and Applicant; Assessor Parcel Nos. 055-253-2Q and 055-221-06 Commissioner O'Donnell disclosed that although he occasionally attends St. Hilary Church, there was no conflict of interest to restrict him from participating on the item. Planning Manager Watrous presented the staff report, noting the CUP was originally adopted in 2000, and this was the latest annual review. He said the church was in compliance with conditions of the use permit and staff has received no complaints from neighbors. TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 1 ~ . ~~l Bill McLaughlin, representing St. Hilary Church, said they were pleased with the current performance of St. Hilary's facilities. He requested modification to page 3, 3rd paragraph of the staff report to clarify that the Town Council, and not the Church, had originally requested modification to the use permit in 2005. Commissioner Kunzweiler suggested changing the sentence to read ".... St. Hilary's Church was appro,:\ched by the Town Council, who requested they modify the CUP." Planning Manager Watrous agreed that Mr. McLaughlin was correct, said that although the staff report was accurate, he would note the change in the staff report and said the minutes would also reflect Mr. McLaughlin's request. There were no public comments, and Chair Fraser closed the public hearing. Commissioner Kunzweiler said that he was happy that the St. Hilary facilities are running well, with no complaints received, which was a compliment to the church and its neighbors. ACTION: It was MIS (O'Donnell/Kunzweiler) to accept the annual review of the conditional use permit with no modifications. Vote: 3-0. 2. 642 TIBURON BOULEVARD: REQUEST FOR TIME EXTENSION OF AN - APPROVED CONDITIONAL USE PERMIT TO OPERATE A LARGE FAMIL Y DAY CARE HOME; File #10601; Lars Bergholdt Sorensen; Owner and Applicant; Assessor Parcel No. 055-171-25 Community Development Director Anderson said that last year the Commission approved a conditional use permit for a large day care home. The applicants were diligently proceeding on complying with conditions for installation of the sound-isolating fence, but have requested additional time to construct the fence and complete the conditions of approval. Lars Sorensen, applicant, discussed his efforts in addressing the condition for a sound- isolating fence. He said that landscaping was currently being done and the survey was completed. He voiced concern about being able to satisfy Town requirements for the fence standards. He said they needed to submit more detailed plans on the fence and he was hopeful in getting a building permit. Chair Fraser confirmed with the applicant that they were currently still operating a small family day care home and that compliance with conditions could be reached within one year, assuming the acoustical engineer approved the fence plans. TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 2 Chair Fraser opened the public hearing. Lisa Colbertson spoke on behalf of the day care and as a friend assisting in their process and voiced concerns with the requirement to build a sound-isolating fence. She felt the applicant was not being given due process or information as to what constitutes or defines a soundproof fence. She felt it was an undue burden for the applicant to spend time and money into building a fence that may not be approved by the acoustical expert, as well as being inconsistent with the Health and Safety Code. She also cited the Town's noise ordinance and felt the applicant was provided with no definition or standard for the fence detail in limiting or reducing noise, and she questioned the Town's ability to enforce this requirement. Chair Fraser closed the public comment portion of the meeting. Commissioner Kunzweiler requested an explanation of the Town's noise ordinance and how it is applied in this situation. Director Anderson said it was not -so much a noise ordinance issue but whether or not the time extension should be granted. He said conditions were imposed, agreed to and unchallenged for over a year, and felt there was a misunderstanding about what the condition required for the fence. He said when construction drawings for the fence are completed they will be forwarded to the Town's acoustical consultant who will review and comment on the adequacy of the design. Once the design is approved, the building permit will be ministerially issued. There is no requirement that the acoustical consultant visits the site or reviews the fence after construction. He also noted that the acoustical expert spelled out requirements last year for the benefit of the applicant during the original approval of the use permit. Commissioner O'Donnell stated that the resolution seemed to be vague in providing the timeframe or process for constructing the fence. He recommended modifying the language of the resolution to indicate that the review by an acoustical consultant was to be done prior to issuing the building permit. Director Anderson stated that the Town's process requires that the sound review work must be done before the building permit is issued; otherwise, the applicant is not allowed to put up the fence. Chair Fraser said that an extension would be appropriate, but he was not supportive of extensions in perpetuity. He felt the plan should have been submitted to the acoustical engineer long before this time, and that he would not be in favor of approving another extension in a year from now. Commissioner Kunzweiler said the Commission is not considering amendments to the original resolution at this meeting. Director Anderson noted that amending the language of the resolution was not on this agenda and noticing would be required to modify the original use permit. This was simply a request for a time extension. TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 3 Chair Fraser felt that the applicant may have misunderstood the fence-review process, which has now been properly communicated. Commissioner Kunzweiler added that the purpose of the conditional use permit is not to outline the entire application process. Mr. Sorensen stated that he now understood the process, said he did not realize they needed an acoustical consultant to look at the plans prior to building the fence. His understanding was that they would build the fence and then the expert would come and make his decision. Chair Fraser encouraged the applicant to complete the process, and suggested that staff add in the resolution that this would be the final extension or use whatever terminology is appropriate. ACTION: It was MIS (Kunzweiler/O'Donnell) to approve the resolution approving the time extension for the Large Family Day Care Home Conditional Use Permit located at 642 Tiburon Boulevard, as modified. Vote: 3-0. 3. 1 BLACKFIELD DRIVE: RENEWALIEXTENSION OF A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; File #19710; Michael Lee, Owner; Sprint-Nextel, Applicant; Assessor's Parcel No. 034-212-18 Planning Manager Watrous gave the staff report, said the proposal is an existing wireless facility operated by Sprint/Nextel, which is hidden in a false chimney above the Blockbuster Video store in the Cove Shopping Center. He stated that the facility was originally approved in 1997, was granted an extension in 2000 which expired in 2003, and the applicant is retroactively asking for an additional time extension. He said the Planning Commission has the option of determining the appropriate timeframe. A 5-year extension from the October 23, 2003 expiration date would only run for another 1 7 months. Staff recommends, therefore, that since no complaints have been 'received, it is a stealth application in a good commercial location, that the extension be 5 years from this date to May 9,2012. Chair Fraser referred to the resolution, item G, and asked that the word, "generally" be removed, as he felt there was nothing inconsistent about the facility. Jason Osborne, Spring-Nextel, applicant, said he was available for questions of the Commission. There was no public comment and Chair Fraser closed the public hearing. TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 4 ACTION: It was M/S (O'Donnell/Kunzweiler) to accept the resolution as modified by removing the word, "generally" from section G and approving the extension to May 9, 2012. Vote: 3-0. 4. 2001 PARADISE DRIVE: RENEW AL/EXTENSION OF A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; File #19906; Sanitary District No.5 of Marin County, Owner; Sprint-Nextel, Applicant; Assessor's Parcel No. 059-162-02 Planning Manager Watrous noted this request was similar to the previous application; however the permit has not yet expired. The site is located above the Sanitary District No. 5 plant, no objections or complaints have been received. The extension would run to October 27,2014, and staff would modify the resolution similar to the previous resolution to remove the word, "generally". Chair Fraser opened the pubic hearing. Jason Osborne, Sprint-Nextel, Applicant, said he was available for questions of the Commission. ACTION: It was MIS (Kunzweiler/O'Donnell) to accept the resolution as modified by removing the word, "generally" from section G and approving the extension to October 27,2014. Vote: 3-0. Director Anderson announced that the State enacted a law last year which will cause the T own to make a few changes to its wireless facilities regulations. For example, if staff received a new application, the approval would need to be for at least 10 years. ACTION: It was MIS (O'Donnell/Kunzweiler) to cancel the May 23, 2007 meeting. Vote: 3-0. ADJOURNMENT The meeting was adjourned at 8:15 P.M. JIM FRASER, CHAIRMAN ATTEST: TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 5 SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES May 9, 2007 MINUTES # 947 Page 6 TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting June 13, 2007 - 7:30 PM ACTION MINUTES CALL TO ORDER AND ROLL CALL 7:30 PM Present: Chairman Fraser, Vice Chairman Aquirre, Commissioner Collins, Commissioner O'Donnell Absent: Commissioner Kunzweiler ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. There were none COMMISSION AN-D STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. 78 MAIN STREET: CONDITIONAL USE PERMIT #1002; PROPOSAL TO RELOCATE AN EXISTING PILATES STUDIO FROM ITS CURRENT LOCATION AT 1626 TIBURON BOULEVARD; Zelinsky Properties, Owner; Stephanie Ziegler, Applicant; Assessor's Parcel No. 059-102-20 AlJlJroved 4-0 2. 700 TIBURON BOULEVARD: REQUEST FOR TIME EXTENSION FOR A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; Belvedere Tennis Club, Owner; Sprint Nextel, Applicant; Assessor's Parcel No. 055-201-36 AlJlJroved 2-0 (AQuirre and Collins RecusedJ ;\..- ~ Action Minutes - Planning Commission Meeting June 13, 2007 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of April 25, 2007 AlJlJroved as Amended 2-0 4. PLANNING COMMISSION MINUTES - Regular Meeting of May 9,2007 AlJlJroved as Written 2-0 ADJOURNMENT 7:45 PM ro- DIGEST NOTICE OF MEETING CANCELLA TION THE REGULAR PARKS & OPEN SPACE COMMISSION MEETING SCHEDULED FOR TUESDAY, June 12, 2006 HAS BEEN CANCELLED. THE NEXT REGULARLY SCHEDULED MEETING OF THE PARKS & OPEN SPACE COMMISSION WILL BE TUESDAY, July 10,2006. ~ Lynn R. Slings, Public Works A · istrative Aide DIGEST Page 1 of2 tA,. Peggy Curran From: Smoke-Free Marin Coalition [smokefreemarin@yahoo.com] Sent: Thursday, June 14, 2007 9:44 AM To: sladnier@co.marin.ca.us Cc: Curry Bob; Elizabeth Emerson Subject: Reducing Youth Tobacco Access o I J SMOKE FREE MARIN COALITION c/ 0 !~.Q._~j_~9.9EQ_.~.~~~~!!__~_~!!_~_.~_?g_~..~_~!.!._~9.!9_~~-,._g.f:...~~_~_Q_~_ May 24, 2007 Dear CounciJ Members, During the last five years, with the assistance of the Sheriff s Department, the County was able to conduct random compliance checks throughout the county resulting in a decrease of illegal sales to minors from 420/0 to a current 9%. Some would argue that this reduction is very good - however it actually means that 90/0 of our stores are still illegally selling cigarettes to our youth, even though some of these retailers have been cited and fined several times. We feel that these stores look at the fines as the "cost of doing business". How do we fairly address this problem? The answer is to adopt a local licensing law that will allow the city to suspend a retailer's license to sell tobacco if they continue to provide tobacco to underage youth. In recent years over 60 communities throughout g_~UJq~_~~_~ have passed Tobacco Retailer Licensing Laws (Please see attached files) and the results clearly indicate that licensing laws are effective. Nobody wants to place a burden on retailers and we do not feel that this is a burden. Some regulation is necessary. We license our cars, pets, restaurants etc. It is quite reasonable that we license an addictive drug that kills 1,200 Americans prematurely every day. We need to know where; by whom and under what circumstances tobacco is being sold. And the bottom line is, if a retailer does not sell to youth, they have nothing to worry about. State projects concur that strong local tobacco licensing law must include the following components: . Requirements that all retailers that sell tobacco products obtain a license and renew it annually. . A fee set high enough to sufficiently fund an effective program including administration of the program and enforcement efforts. An enforcement plan, that includes compliance checks, should be clearly stated. 6/14/2007 , -..1) Page 2 of2 . Coordination of tobacco regulations so that a violation of any existing local, state or federal tobacco regulation violates the license._ A financial deterrent through fines, and penalties including the suspension and revocation of the license. Fines and penalties should be outlined in the ordinance. . Retail Licensing can't address all of the sources from which minors can obtain tobacco but "illegal sales to minors by retailers" has been a large part of the problem. This is a public health problem, and tobacco retailers need to be part of the solution. That can happen through strong local licensing laws. The Marin Smoke-Free Coalition hopes you will seriously consider adopting a strong Retailer Licensing Law in your community. If you need any assistance or have questions please call the Marin Tobacco Related Disease Control Program (TRDCP) at ~!.?::12~.:}Q.~.Q. Thank you for taking the time to consider our concen1. Sincerely, Jennie Cook Chair of the Smoke Free Marin Coalition It's here! Your new message! Get lleWn~mftilJllGrt~ with the free Yahoo! Toolbar. 6/14/2007 w E SCTA~tion ~~~H~4 DIGEST) · N s REceIVED JUN 1 2 2007 TOWN MANAGERS OFFICE TOWN OF T18URON Memorandum To: MSN Policy Advisory Group From: Suzanne Smith, seTA Executive Director Re: Marin/Sonoma Narrows Update Date: May14,2007 TAM and SCTA submitted a request for 2006 STIP augmentation funds that exceeded each county's share of funds based on the historic formula for STIP distribution. The STIP augmentation process is a result of $28 in funds being made available with the passage of Prop 1 B. SCTA and TAM need an advance on STIP funds in order to match $82M in CMIA and fully fund a portion of work in the Marin/Sonoma Narrows (MSN). An advance is allowed as long as other counties in the region or State come in under their respective STIP targets. Statewide, the STIP augmentation came in 250/0, or $500M, over programmed. The Bay Area was $58M over programmed for highway projects. Sonoma County is $25M over programmed and Marin is $30M over programmed. San Francisco also came in over its target and Santa Clara came in significantly under target. At the STIP hearing on May 2, the CTC asked that MTC work with the counties to reduce the region's programming to come within their target for highway projects. The CMA Directors met on May 11 on this subject and agreed to put forward the following proposal to our respective Boards. · San Francisco will defer its proposal for programming $54M to Doyle Drive to the 2008 STIP as long as all parties in the Bay Area agree it is the priority project. In so agreeing six of the eight other counties will have an impact on funding available to them in the 2008 STIP. Sonoma and Marin will not be impacted as they will have no new capacity in the 2008 STIP given the advance for the Narrows. There may be an impact to the funding available to Marin and Sonoma in 2010. . · Alameda will swap a $5M project out of the 2006 STIP augmentation and fund it with regional funds. · With these cuts to the programming proposal, Marin and Sonoma can advance funds and fully fund the MSN proposal totaling approximately $200M. · Marin and Sonoma, along with other interested parties, will pursue creative funding approaches for future phases of the MSN project including GARVEE bonds. · A regional approach to future STIP cycles will be developed that will include Marin and Sonoma deferring to other regional priorities in the next two STI P cycles. Meeting Attendees PAG Members: Caltrans: seT A: TAM: VaIi Cooper & Associates: CirclePoini: Public: .. SCTA ~ .... ~ ~C!-.+~ Transportation Authority of ~\l1arjn lizItrans Marin-Sonoma Narrows Policy Advisory Group Meeting Notes and Summary May 16, 2007 3:30 p.m. San Rafael City Council Chambers City Hall, 1400 Fifth St. San Rafael, CA Supervisor Mike Kerns, Sonoma Board of Supervisors (Vice Chair) Supervisor Judy Arnold, Marin County Board of Supervisors Mayor Jeanne MacLeamy, City of Novato Mayor Peter Breen, Town of San Anselmo Mayor Pamela Torliatt, City of Petaluma Jit Pandher Joe Lieber Suzanne Smith Guy Preston Bill Gamlen Connie Preston Ben Strumwasser Andrea Nocito Suzanne Dunwell, Office of Senator Migden Anita Franzi, Office of Congresswomen Lynn Woolsey Tanya Maxwell, Aide to Supervisor Judy Arnold Susan Lackie, City of Petaluma Karen Nygren, Sierra Club of Marin Joshua Townsend, Office of Assembly member Jared Huffman Angela Colombo, North Bay Leadership Council David Schonbrunn, TRANSDEF 1. Introductions Introductions of P AG members were made. 2. Project Update Pandher presented a brief project update announcing that the draft environmental document has been submitted to FHW A with a finalized version ready for public release in July. Public hearings will be scheduled for summer 2007. 3. Local Agency Update Smith presented the P AG with a memorandum summarizing the recently reallocated STIP funds. Briefly, it states that the Bay Area, including Marin and Sonoma counties, have come in over their targeted programmed 2006 STIP funds. MTC has coordinated with counties to reduce over programmed funds resulting in funding the MSN project from 2006 STIP funds (while reducing funding from other Bay Area projects giving them priority in future STIP funding years). It was noted that the next phase of funding work for TAM and SCT A will be to continue researching creative funding options and considering 2008 STIP funds. Kerns added a note of thanks to TAM and SCTA for their joint efforts and collaboration in finding funds for this important project. 4. Discussion of Scenic Highways Joe Lieber of the Caltrans Scenic Highway division gave a presentation to the P AG about the California Scenic Highway Program. A brief summary follows: Program history Legislation was enacted in 1963 establishing a scenic highway program. Program features A highway must be designated by the Department of Transportation Advisory Committee. After designation, Caltrans posts highway signs on the route announcing it as a scenic highway. . Criteria A highway nominated for designation must be eligible (must have a current degree of scenery, not development); after nomination, the local jurisdiction must adopt a program to protect the scenic route and a Corridor Protection Program must be filed meeting state zoning and land use requirements. Nomination process The local jurisdiction must prepare a visual assessment and resolution package which includes an explanation of the route's vividness, intac_tness, and unity.. Then, the local jurisdiction consults with Caltrans in order to file a Scenic Highway Resolution Package. This package must include the Resolution of Intent enacted by the local governing agency, topographic maps identifying any visual intrusions, zoning maps., a Inarr.ati veof .the. corridor ' s scenic elements , and 2 video/photographs of the area. Caltrans reviews this package and then sends the package on to DT AC for their approval (or denial) of the corridor. Designation process Minimum requirements (section 261 of SB 1467-Farr) must be met: 1. regulation of land use and density of development; 2. detailed land and site planning; 3. prohibition of off-site outdoor advertising and control of on-site outdoor advertising; 4. careful attention to and control of earthmoving and landscaping; and 5. design and appearance of structures and equipment. Corridor protection development Public participation results in a protection program that meets local desires and considers local property owners, local citizens' committees, and environmental groups. Review of protection program Caltrans verifies that the program meets the five outlined requirements and then submits the program to DT AC for review and recommendation. Monitoring process Once every five years the following shall be completed: 1. Caltrans reviews protection plan; 2. local jurisdictions attest to the continued enforcement of the protection measures; and 3. the route is designated for an additional five years. Additional information Non-compliance during monitoring periods could result in revoking the designation. Local jurisdictions can request removal of designation at any time. Additional Statues Streets and Highways Code, Division 1, Chapter 1, Article 3; Streets and Highways Code, Division 1, Chapter 2, Article 2.5; Streets and Highways Code, Division 3, Chapter 4; and Public Utilities Code, Division 1, Part 1, Chapter 2. P AG asked for the benefits of this designation. Lieber suggested that at times, a designation can increase tourism to the area. Lieber furthered that the designation often recognizes the area as a visually special area adding credibility to locals by protecting their area. It was noted that designation does not offer any potential funding for the MSN project. Similarly, it was noted that in the past, P AG had not moved forward with the designation process in an effort to protect, and not deter, the development of the Narrows project. Lieber stated that PUC does offer some funding for underground utilities in these corridors. Torliatt noted that this process requires locals to preserve zoning within the jurisdiction of the project. Kerns noted that existing billboards may serve as a problem. Lieber stated that existing billboards could be bought out. Torliatt asked for the planning departments in Sonoma and Marin counties to explore this issue further, without detracting from the MSN project. This would be a parallel process. Arnold and Kerns seconded the request and noted that both counties are updating their general plans whichmayiurther-the_,fesearch, or. may ,cause this research to begin after 3 the plans have been approved. This issue will follow on the next P AG agenda for an update from the local planning departments. 5. Next Meeting Kerns requested the next meeting be established after the public comment period on the Draft Environmental Impact Report has ended. 6. Public Comment Nygren thanked P AG for considering the scenic highway issue. She furthered the discussion by adding that continued growth in the project area, notably, near the San Antonio interchange, could take away from the ability to designate the corridor. She hopes the P AG will use the nomination as a tool to prevent growth and to negotiate with property owners in the area from future development. She adds that people use the corridor during travel to the wine country, and asks PAG to involve legislators such as Jared Huffman in this process. Schonbrunn identifies the MSN project as expensive and one that offers little value to commuters. He asked P AG to consider the point when the costs of the project outweigh the benefits. He suggests using the project's funding for transit projects like SMART. 7. Adjournment The meeting adjourned at approximately 4:30 p.m. 4 DIGEST t. Jonathan Westerling, President Broadcasting to Your Neighborhood In Sa usa lito, CA. PO Box 397 Sausalito, CA 94966 415.332.JAZZ RECEIVED JUN 1 2 2007 \ Hon. Tom Gram Marin Telecommunications Agency Board Member 1505 Tiburon Blvd. Tiburon, CA94920 TOWN MANAGERS OFFICE TOWN OF TlBURON VIA MAIL Re: Agenda Item E.1 on June 13th 2006 Meeting Dear Mr. Gram, I write you as founder and president of Radio Sausalito to ask for your support in ratifying an arrangement that will at long last return-community radio to Marin's cable subscribers. You likely remember in the outcry that occurred on February 14th, 2005 when Comcast pulled its FM service including several community radio stations without notice. Consequently, governmental action and regional news coverage over the removal of these stations resulted in a compromise brokered by California Senator Carole Midgen in which Comcast agreed to carry Marin's community radio stations as background audio to the "bulletin board" programming on Channel 26. Unfortunately due to the weak signals of these stations, a technical hurdle remained in getting their programming to San Rafael and onto Comcast's network. Radio Sausalito stepped forward and purchased a hardware solution that allows the broadcast of locally produced audio programming on Channel 26. This solution, offered at no expense or obligation was presented immediately to Comcast who, after initially approving of its feasibility, suggested that a signed franchise agreement was required prior to its installation. The same solution was presented by Radio Sausalito to the MT A immediately following the successful enactment of the Franchise agreement on July 8, 2006. The MT A rightly delegated our proposal to the MAAC for review, and as you will learn Wednesday, the MAAC unanimously endorsed 9n agreement regarding our proposal at its last meeting. Via this agreement, authored by Scott McKown, the county accepts Radio Sausalito's proposal and authorizes us to proceed with activating the necessary hardware which will finally return community radio to Marin County. .~ The audio on Channel 26 created by our solution will initially consist of no less than 15 locally-produced programs. These are each pre-recorded weekly either by Radio Sausalito or by "Radio Canal" in San Rafael. (Of the only two other stations KWMR, in pt. Reyes initially declined to have its programming included via this solution, and KSRH at San Rafael High School did not return our inquiries, though neither station is precluded from joining this initiative in the future.) Similar to the videos presented on Channel 26, each audio program will have designated "airtimes" (start times) which will remain consistent each week and occur during times where the bulletin board is being aired. (Under this agreement, audio programming will be preempted by video programming on the channel.) The intervals between the end of one audio program and the start another will be filled by Public Service Announcements from non-profits throughout the County (adhering to FCC mandated standards for language and eligibility) interspersed with a constantly changing playlist of classic jazz selections, programmed by our Music Director and pr~mos for upcoming programming. After the initial introduction of this service, additional programs, produced and pre-recorded bv individuals or orqanizations throuqhout the county will augment this lineup and will be added as technically feasible, under policies similar to those which exist for PEG Channel video programming as agreed to by Radio Sausalito and the MAAC/MTA. I encourage you to ratify the MAAC's approval of our solution at your meeting on Wednesday. Additionally, I am hoping that the MTA can direct Comcast to accommodate this agreement as soon as possible. The timely return of community radio in Marin is in your hands. I look forward to speaking with you about this arrangement and welcome any questions a have regarding the details of this arrangement. Cc: Scott McKown Cc: Dave Hill DIGEST 4. United States Departmellt of the Interior NATIONAL PARK SERVICE Golden Gatt: National Recreation Art:a Fort Mason, San Francisco, California 94123 I" 1([;1'1) IUTE1\ ru L 76 (GOGA-PLAN) June 7.2007 HE: ,Haril1 Headlands and Fort Bakel' Transportation h?jj'astr/lcture and }I,{anagement Plan Drc!f; Environmental Impact Statement D~ar Rcvic\ver: The Golden Gate National Recreation Area (GGNRA) has completed a Draft Environmental Impact Statement (Draft EIS) for the Marin Headlands and Fort Baker Transportation Infrastructure and Management Plan in Marin County. California, The Draft EIS meets the requirements of the National Environmental Quality Act. A CD of the Draft EIS is enclosed for your revie\v and comment. The project area is located in GGNRA lands north of the Golden Gate Bridge. The Marin Headlands span the ~()Llthern tip ol'the ivTarin Peninsula from u.s. Highway 101 to the western coastline. and Fort Baker is directly adjacent to the Headlands on the east side of U.S. ] 01. The purpose of the project is to provide improved access to and within the Marin I-kadlands and Fort Baker for a variety of users, and to initiate these improvements in a way that minimizes impacts to the natural and cultural resources of the study area. Agencies. groups. and individuals are invited to comment on the analysis. There is a 60-day review period for the Draft E~:IS_ \Vrinen comments on the Draft EIS can be submitted online at http://parkplanning.nps.gov/goga (click thl..' project title and follow instructions). bye-mail (goga_parkplanning!0nps.gov), or at the address below no later than August 13, 2007. Send written comments to: Superintendent Golden Gate National Recreation Area Building 20 I. Fort Mason San Francisco. CA 94123 Attention: MH-FB TMP A publ ic meeting is schedllkd to receive comments on the Draft GIS: .July 18,2007 Bay Model V isitor Center 2100 Bridgeway Sausalito. CA 94965 Open house: 5:00 - 6:00 p.m. Prescntalioll and Q&A: 6:00 - 7:30 p.lll. For further information on this project please visit the website noted above. Questions regarding this project Illay be directed to Steve Ortega at (415) 561-4841. or emailed to goga_planning<@nps.gov. Sincerely. ])85' C <J~ hcUM kill/ABLE DN IAJ /7JwN IMLL DilxJ uJ /l-TJf!OUs' ~w.-/-.:..; II~ f~Brian O'Neill ~ General Superintendent Ene loslIres NOTIFICATION OF APPLICATION BY PG&E FOR ITS FORECAST 2008 ELECTRIC PROCUREMENT COSTS DIGEST 1-.- TO: STATE, COUNTY AND CITY OFFICIALS ~ ~~~~,~ JUN 1 2 2007 T.OWN CLERK TOWN OF TmURON ~ Each year, Pacific Gas and Electric Company (PG&E) is required to file an application that forecasts in detail how much it will spend the following year to ensure adequate electricity supplies for its customers. The California Public Utilities Commission (CPUC) carefully reviews the utility's forecast to ensure that customers are not charged more than it costs PG&E to provide electricity. The forecast costs approved by the CPUC are included in rates the following year. During that year the actual costs and revenues are tracked, and any difference is flowed to PG&E customers later. On June 1, 2007, PG&E submitted an application requesting that the CPUC adopt its electric procurement cost forecast for 2008. PG&E's total forecast (that is, the expected costs of electricity needed to serve its customers) is $3,500.1 million. PG&E requests that electric rates designed to recover this amount become effective on or after January 1, 2008. Does this mean electricity will cost me more? PG&E's request in this proceeding will increase rates. The total electric procurement forecast of $3,500.1 million for 2008 is $541.5 million higher than 2008 revenues would be at present rates. To recover the increase, rates for bundled customers (that is, customers who receive electric generation, as well as transmission and distribution, service from PG&E) will increase by approximately $537.8 million, or 5.0 percent on average, and rates for direct access customers (customers who purchase their electricity from a non-utility supplier) will increase by $1.2 million, or an average of 0.5 percent. In addition, PG&E expects to increase rates to departing load customers (customers who receive electric generation from a non-utility supplier, as well as transmission and distribution service from a publicly-owned utility or municipality) by approximately $2.5 million. If the Commission approves PG&E's application, a typical residential customer using 560 kilowatt- hours per month will see the average monthly bill change from $74.26 to $75.46, an increase of $1.20 per month. A residential customer using approximately 850 kilowatt-hours per month, which is twice the baseline allowance, will see the average monthly bill change from $149.55 to $156.86, an increase of $7.31 per month. Individual bills may differ. PG&E expects that the rate changes associated with PG&E's 2008 electric procurement forecast will be consolidated with changes in other CPUC proceedings and incorporated into rates on or after January 1 , 2008, so the eventual net change in rates for individual customers is difficult to predict. Detailed Information About PG&E's Application PG&E's total 2008 electric procurement cost forecast of $3,500.1 million consists of two types of costs. The first type is the costs of fuels used in producing electricity at PG&E's own power plants and the cost of buying electricity from non-PG&E generators at or below market rates, and these costs are recorded in an account approved by the CPUC called the Energy Resource Recovery Account. PG&E's forecast for this type of cost is $3,163.5 million. The second type is power procured under pre-existing contracts at prices that are now higher than market rates. This type of cost, tracked separately, is called an ongoing Competition Transition Charge and is allowed by the Electric Utility Industry Restructuring Act (Assembly Bill 1890). PG&E's forecast for this type of cost is $359.7 million. A related downward adjustment of $23.1 million brings the net total to $3,500.1 million. The CPUC Process The CPUC's independent Division of Ratepayer Advocates (ORA) will review this application, analyze the proposal, and present an independent analysis and recommendations for the CPUC's consideration. Other parties will also participate. The CPUC may hold evidentiary hearings where parties of record present their proposals in testimony and are subject to cross-examination before an administrative law judge. These hearings are open to the public, but only those who are parties of record are allowed to present evidence or cross-examine witnesses during evidentiary hearings. . After considering all proposals and evidence presented during the hearing process, the CPUC will issue a draft decision. When the CPUC acts on this application, it may adopt all or part of PG&E's request, amend or modify it, or deny the application. The CPUC's final decision may be different from PG&E's proposed application filing. FOR FURTHER INFORMATION For more details call PG&E at 800.743.5000 Para mas detalles lIame 800.660.6789 · ~$'I~~~~~ 800.893.9555 For TDDrrTY(speech-hearing impaired) call 800.652.4712 You may contact the CPUC's Public Advisor with comments or questions as follows: Public Advisor's Office 415-703-2074 or 866-849-8390 (toll free) 505 Van Ness Avenue, Room 2103 TTY 415-703-5282 orTTY 866-836-7825 (toll free) San Francisco, CA 94102 E-mail topublic.advisor@cpuc.ca.gov If you are writing a letter to the Public Advisor's Office, please include the name of the application to which you are referring. All comments will be circulated to the Commissioners, the assigned Administrative Law Judge and the Energy Division staff. . AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS DIGEST.).. Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, June 19, 2007 Board of Supervisors Chambers, Room 330, Civic Center 8:30 a.m. Convene in Open Session as the Marin County Housina Authority Board of Commissioners (Convene in Room 324 A) Convene in Closed Session as the Marin County Housina Authority Board of Commissioners 1 a. Appointed Department Head evaluation (Executive Director of the Marin Housing Authority) pursuant to Government Code Section 54957. 9:30 a.m. Reconvene in Open Session as the Marin County Housina Authority Board of Commissioners (Reconvene in Room 330) Announcement from Closed Session. 1 b. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1 c. Board of Commissioners' matters. 1 d. Executive Director's Report. 1 e. Authorize Executive Director to execute agreement with the County of Marin, in an amount not to exceed $742,833, to provide support for the Shelter Plus Care Program to assist homeless mental health clients in obtaining housing and support services. Recommended action: Approve. K5J rI "..,. ..... .... ..... - ~ rI All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at httD:/Iwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/Archive/MeetinQs.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. . ""'\'..A 1 f. Authorize the Executive Director to exercise option to purchase the Below Market Rate ("BMR") property located at 36 Flemings Court, Marin City, for the current BMR value of $222,750, and take related actions to retain the property in the BMR program and preserve it as an affordable housing unit for first-time home ownership. Recommended action: Approve. Adiourn as the Marin County Housina Authority Board of Commissioners 10:00 a.m. Convene as Board of Supervisors 2. Board of Supervisors' matters. 3. Administrator's report. 4. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 5. Consent Calendar A (Items CA-1 through CA-9) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) 6. Supervisor Arnold requesting resolutions commending the North Coast Section ("NCS") Champion Novato High School Hornets Baseball Team and the NCS Champion San Marin High School Softball Team. 7. Request from the County Administrator to adopt the Proposed FY 2007-08 County Budget. Recommended actions: (a) Accept the proposed FY 2007-08 Marin County Budget; (b) schedule public hearings beginning Wednesday, July 25, 2007; (c) adopt the proposed FY 2007-08 Marin County Budget as the interim spending plan for FY 2007-08 pending formal adoption in July; and (d) authorize the County Administrator and Auditor-Controller to make technical and other adjustments as necessary to properly budget and account for grants, projects and year end fund balances. 8. Request from the Auditor-Controller to accept the summary of the proposed FY 2007 -08 Marin County Special District's Annual Budgets. Recommended actions: Recommended actions: (a) Accept the proposed FY 2007-08 Marin County Special District's Annual Budgets; (b) schedule public hearings beginning Wednesday, July 25, 2007; (c) adopt the proposed FY 2007-08 Marin County Special District's Annual Budgets as the interim spending plan for FY 2007-08 pending formal adoption in July; and (d) authorize the County Administrator and the Auditor-Controller to make technical adjustments as necessary. Marin County BOS Agenda 2 6/19/2007 9. Request from the County Administrator for Board concurrence and adoption of response to 2006-2007 Grand Jury Report "Retiree Health Care Costs: I Think I'm Gonna be Sick" (March 19, 2007). Recommended actions: Concur in and thereby adopt the response and direct the President to submit the response to the Presiding Judge. 10:30 a.m. 10. Hearing: Request from the County Administrator to hold a Tax Equity and Fiscal Responsibility Act ("TEFRA") hearing regarding a request for approval of financing through the Association of Bay Area Governments ("ABAG") Finance Authority for nonprofit corporations for tax-exempt conduit bonds to construct and rehabilitate educational facilities for the Marin Country Day School located at 5221 Paradise Drive, Corte Madera. Recommended actions: (a) Conduct hearing; and (b) consider adopting resolution approving financing through the ABAG Finance Authority. 11. Request from the Departments of Human Resources and Public Works to adopt the new classification and salary -range for Principal Civil Engineer (Class #0641) effective June 17, 2007. Recommended actions: Approve. 12. Request from the Community Development Agency to adopt the process an9 schedule for upcoming Planning Commissioner appointments. Recommended actions: Approve actions as detailed in staff report dated June 19, 2007. 13. Request to review and approve proposed public outreach/education - program for wildland fire protection and Parks and Open Space. Recommended actions: (a) Approve outline for public outreach/education program; and (b) direct staff to recommend appropriate consulting services for the program. Recess as the Board of Supervisors 11 :00 a.m. Convene as the Marin County Open Space District Board of Directors 14a. Approval of minutes of the meetings of May 8 and 15, 2007. 14b. Board of Directors' matters. 14c. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 14d. General Manager's report. 14e. Hearing: Proposed Open Space District Budget for Fiscal Year 2007-08. Recommended actions: Approve proposed FY 2007-08 Budget. Marin County BOS Agenda 3 6/19/2007 14f. Request to accept $1,780 donations in memory of Robert Kleinert. (Four affirmative votes required.) Recommended actions: (i) Accept donations; and (ii) approve related budget actions as detailed in staff report dated June 19, 2007. 14g. Request to adopt resolution authorizing application for California Department of Fish and Game Fishery Restoration Grant Program of 2007 funds in the amount of $207,363. Recommended action: Adopt resolution authorizing grant application. 14h. Request to authorize President to execute amendment to agreement with Questa Engineering Corporation, extending the contract term to December 30, 2007, for engineering services to repair storm damage on Open Space District lands. Recommended action: Approve. 14i. Request to authorize President to execute agreement with Questa Engineering Corporation, extending the contract term to December 30, 2007, for engineering services for the design and construction of bridges on the Top Flite Trail at the French Ranch Open Space Preserve. Recommended action: Approve. 14j. Request to authorize President to execute agreement with Aerial Information Systems, Inc., in the amount of $26,600, for implementation of Phase 1 of the Open Space vegetation mapping project. Recommended action: Approve. Adiourn as the Marin County Open Space District Board of Directors 11 :15 a.m. Convene as the Marin County Flood Control and Water Conservation District Board of Supervisors 15a. Approval of minutes of the meeting of June 5, 2007. 15b. Open time for public expression, up to three minutes per speaker, on items not on the Flood Control and Water Conservation District Agenda. 15c. Board of Supervisors' matters. 15d. Request to approve RFP NO.-2467 to Forster & Kroeger Landscape Maintenance, Inc. of San Anselmo, in the amount of $44,209, for vegetation maintenance services at various locations. Recommended action: (i) Award RFP for the period of June 19, 2007, to June 18, 2008, with an option to continue for three years; and (ii) authorize Public Works Director to approve annual contract extensions and mutually agreed upon price increases reviewed and negotiated by Flood Control and Purchasing staff. Marin County BOS Agenda 4 6/19/2007 15e. Authorize President to execute Maintenance Service with Pump Repair Services of San Francisco, in the amount of $195,516.25, for stormwater pump and motor maintenance for five pumping stations. Recommended action: Approve. 15f. Authorize President to execute agreement with the Marin Conservation Corps, in an amount not to exceed $380,600, for FY 2007-08 creek cleaning services. Recommended action: Approve. Adiourn as the Marin County Flood Control and Water Conservation District Board of Supervisors Reconvene as the Board of Supervisors 16. Closed Session: a. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Paulsen v. County of Marin. U.S. District Court, Case No. C 07 1944 JL. b. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1). Number of potential cases: One (1). c. Instructions to labor negotiator (Human Resources Director) regarding all bargaining units pursuant to Government Code Section 54957.6. 2:00 p.m. Reconvene in Open Session Announcement from Closed Session. 17. Hearing: East Shore Wastewater System Assessment District. Recommendation: (a) Conduct hearing; (b) tabulate returned assessment ballots; and (c) announce the results or continue to a date certain if there is a need to further verify ballot signature. 2:30 p.m. 18. Hearing: Galatolo/Adams Appeal of the Planning. Commission's denial of the GalatololAdams Land Division Application for the properties located at 723 and 731 Atherton Avenue, Novato. Recommended actions: (a) Review the administrative record; (b) conduct public hearing; and (c) make determination on Appeal. ********************** Marin County BOS Agenda 5 6/19/2007 CA-1. CA2. CA-3. CA-4. CA-5. CA-6 CONSENT CALENDAR A (Items CA-1 throuah CA-9) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board and do not exceed $500,000 in cost.) Board of Supervisors: a. Supervisor Arnold requesting resolution commending Larry Curtis for his dedicated services as President of the Rotary Club of Ignacio. b. Supervisor McGlashan requesting resolution proclaiming the week of June 29 -- July 5, 2007 as "National Clean Beaches Week. II c. Supervisor McGlashan requesting resolution commemorating the 30th Anniversary of the founding of the Tiburon-Belvedere Rotary Club. County Administrator: a. Adopt Resolution No. 2007- continuing the local emergency declaration for the County of Marin, related to severe storm damage, in conformance with Government Code Section 8630. b. Authorize President to execute three-year agreement with Kaiser Permanente Medical Group/Occupational Medicine, in the total amount of $750,000, to provide pre-employment physicals, fitness for duty physicals, workers' compensation claim-related medical treatment and workers' compensation claim-related ergonomic evaluations/examinations. c. Request to adopt the FY 2007-08 Insurance Renewal Portfolio. Farm Advisor: Request from the U.C. Cooperative Extension Farm Advisor to approve projects recommended by the Marin County Wildlife and Fisheries Advisory Committee ("MCWFAC") for the enhancement of fish and wildlife resources in Marin County for FY 2007-08 as detailed in staff report dated June 19, 2007. Health and Human Services: NOTE: Agreement in item CA-4b is a renewal of an existing agreement that was included in and funded in the FY 2006-07 budget. a. Authorize President to execute FY 2007-08 agreement with National Council on Aging, in the amount of $128,788, for the Senior Community Service Employment Program ("SCESP"). b. Authorize President to execute FY 2007 -08 agreement with Michele Rodriguez, in the amount of $60,000, to provide management and support services to the Workforce Investment Board ("WIB"). Information Services and TechnoloQY: Authorize President to execute amendment to agreement with Deloitte Consulting LLP, in an approximate cost of $493,671, to provide support related to end of FY 2007 financial transactions and modifications to County payroll system. Librarv: Request to approve reallocation of 1.0 FTE Library Assistant 1 to 1.0 FTE Library Assistant 2, effective July 15, 2007. Marin County BOS Agenda 6 6/19/2007 CA-7. CA-8. CA-9. Parks: Request to (a) adopt a Resolution of Intention to continue the Rush Creek Landscaping and Lighting District; and (b) schedule a public information meeting for July 17, 2007, at 11 :00 a.m. and a public hearing on July 24, 2007, at 11 :00 a.m. Probation: Authorize President to execute the following agreements related to adolescent substance abuse treatment through the Marin Multidimensional Family Therapy Program: (a) agreement with Bay Area Community Resources, in the amount of $380,032; and (b) agreement with Patricia Reyes, MPH, in the amount of $14,000. Public Works: a. Request to approve plans and specifications and direct clerk to advertise for bids for the 2007 Pavement Rehabilitation Program -- Western Region Resurfacing. (Engineer's estimate $2,080,140). (Project No. ER07041) b. Authorize President to execute agreement with Harris and Associates, in the amount of $589,673, to provide construction management services for the 2007 Pavement Rehabilitation Program - Central and Southern Region Resurfacing. c. Request to accept Report of Award of Bids for Phase 1 (Southern Region) and Phase 2 (Northern Region) of 2007 Pavement Rehabilitation Program d. Request to accept Report of Award of Bid for the College Avenue Pedestrian Signal Project (ENWGPI). e. Request to (i) authorize President to execute Master Agreement with the California Department of Transportation ("Caltrans"); and (ii) adopt Resolution No. 2007- authorizing Public Works Director, Chief Assistant Director or Assistant Director to execute program supplement agreements related to various federal-aid projects. f. Authorize President to execute first addendum to agreement with Facilities By Design, extend the contract period to March 30, 2008, and increasing the hourly rate from $55.00 per hour to $60.00 per hour, for space planning at County facilities. g. Approve single source purchase of an Autc;>matic Transfer Switch from Russelectric Inc. c/o Harold Wells Associates of Hingham, MA, in the amount of $29,202, for the Marin County Public Works Building Maintenance Division. h. Approve single source purchase of Point of Dispensing ("POD") supplies from Accu-Logistics LLC of San Leandro, CA, in the amount of $31,054.09, funded by a Centers of Disease Control and Prevention grant, for the Department of Health and Human Services. i. Approve single source purchase of a Roche Light Cycler from Roche Diagnostics Corp. of Dallas, TX, in the amount of $45,984.33, funded by a State Department of Health Services grant, for the Department of Health and Human Services Public Health Laboratory. j. Request to approve purchase of one 2008 Ford 250 Supercab Pickup from Downtown Ford Sales of Sacramento, CA, in the amount of $29,841.78 for use by the Department of Parks and Open Space. Marin County BOS Agenda 7 6/19/2007 k. Authorize President to (i) execute Notice of Completion for the Marin County Courts Security Provisions Project; and (ii) approve release of retention 35 days after Board action, in the amount of $180,855.33 to Murray Building, Inc., of Sonoma. (Project No. CAP-94035-09) I. Approve temporary closure of one lane of Butterfield Road between Oak Knoll Drive and Irving Drive in Sleepy Hollow from 9:00 a.m. to 12:00 p.m. on Wednesday July 4, 2007, for the annual Independence Day parade. m. Approve temporary closure of Wharf Road, from Brighton Avenue in Bolinas from 9:00 a.m. to 6:00 p.m. on Wednesday, July 4, 2007, for the annual Independence Day parade. n. Adopt Traffic Resolution No. establishing a two-way stop 'at the intersection of Poplar Drive and Hill Drive. o. Authorize President to execute second amendment to the agreement with Lilburn Corporation, extending the contract term to December 31, 2008, related to the current preparation of an Environmental Impact Report ("EIR") for the 2004 San Rafael Rock Quarry ("SRRQ") amended reclamation plan and Initial Study on an amended quarry permit. Marin County BOS Agenda 8 6/19/2007 . BOARD OF DIRECTORS MARIN COUNTY OPEN SPACE DISTRICT DIGEST 1 AGENDA Board of Supervisors Chambers Marin County Civic Center Tuesday, June 19, 2007 11 :00 a.m. Agenda items will be heard at the time specified or later, depending on the progress of the meeting. A. Approval of Minutes from the meetings of May 8,2007 and May 15, 2007. B. Board of Directors' matters. C. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. D. General Manager's report. E. Hearing: Proposed Open Space District Budget for Fiscal Year 2007. Recommended action: Approve proposed FY 2007-08 Budget F. Request to accept $1,780 in donations in memory of Robert Kleinert. Recommended actions: Accept donations and authorize the President to send a letter of thanks to donors on behalf of the Board, and a letter to the Kleinert family acknowledging the donations. G. Request to adopt resolution authorizing application for California Department of Fish and Game Fishery Restoration Grant Program of 2007 funds in the amount of $207,363. Recommended action: Adopt resolution authorizing grant application. H. Request to authorize President to execute amendment to agreement with Questa Engineering Corporation, extending the contract term to December 30, 2007 for engineering services to repair storm damage on Open Space District lands. Recommended action: Approve ~g ~JI 1""'1 II ..... .... ! ..... I_~ American Sign Language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) (499-7331) (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The Board Agenda is available on the internet at http:/www.co.marin.ca.us/efiles/BS/AqMn/cvbaqnda.htm. The Board meeting is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/Archive/Meetinqs.cfm. A copy of the Board of Supervisors agenda will be faxed upon request by dialing (415) 499-6060 and entering "181" after the brief introductory message. OPEN SPACE DISTRICT -AGENDA FOR JUNE 19, 2007 MEETING Page 10f 2 . " . I. Request to authorize President to execute agreement with Questa Engineering Corporation, extending the contract term to December 30, 2007, for engineering services for the design and construction of bridges on the Top Flite Trail at the French Ranch Open Space Preserve. Recommended action: Approve J. Request to authorize President to execute an agreement with Aerial Information Systems, Inc., in the amount of $26,600 for implementation of Phase 1 of the Open Space vegetation mapping project. Recommended action: Approve OPEN SPACE DISTRICT AGENDA FOR JUNE 19, 2007 MEETING Page 2 of 2