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HomeMy WebLinkAboutTC Digest 2007-08-10 TOWN COUNCIL WEEKLY DIGEST Week of August 6 - 10, 2007 Tiburon 1. Correspondence from Jack W. Stauffacher - re: Ferry Rate Increase 2. Correspondence from Peggy Curran - re: Ferry Rate Increase 3. Memo from Town Clerk - re: Town Council Election Update Agendas & Minutes 4. Minutes - Planning Commission - 6/27/07 5. Action Minutes - Planning Commission - 8/8/07 6. Agenda - Design Review Board - 8/16/07 Regional a) Correspondence -No.Cal. Citizens Against Lawsuit Abuse re: Deep Pockets b) Correspondence - Mayor, City of Richmond re: Mass Immigration Raids c) Correspondence - Dear Sudan, Love Marin - re: Ending Darfur Genocide d) Estuary - Bay Delta Newsletter - August 2007 * e) Workshop Announcements - Regional Rail- 2007 * f) Correspondence from Bay Area Council- re: 62nd Annual Dinner - 10/2/07 * g) Libraries for Peace Project Event - 8/12/07 * Agendas & Minutes h) Agenda - Marin Board of Supervisors - 8/14/07 * Council Only DIGEST DIGEST J · Jack Werner Stauffacher The Greenwood Press 300 Broadway San Francisco California 94133 tel.415.989.5169 tl1egrmn.I'Mld.p~tw0Jt I/.::;"I...,~ Center for typographic language Within the origins of poetry, we have found the origins of languages & letters. Giambattista Vico (The New Science) RECEIVED JUL 2 3 2007, eABCDEFGHe ~ :: ~ ~ ~ t""" ~ ~ o z u 0 CQ ~ ~ ~ CJ:J ~ ~ e:) Z AX MAn t2J TOWN MANAGERS OFFICE TOWN OF TIBURON Peggy Curran, Town Mana.ger Town ofTiburon 1500 Tiburon Blvd. Tiburon, CA 94920 A concerned commuter: On April loth 2007, many of us gathered to discuss the 400/0 commuter/ticketincrease, and at that tin1e the majority of the commuters came up with many suggestions and possiblities- but what happened to these ideas - nothing, until lastweek (July 12th) when it was announced in the newspapers of the 400/0 increase beginning in October. Butwe were not privy as promised for a second public meeting to discuss what we had reflected upon at the meeting in April. WHY? 19July 1007 0aJwrt:fj~ d JackW stluff:flr/ Town ofTiburon - 15051iburon Boulevard -1iburon, CA 94920 - P. 415.435.7373 E 415.435.2438 - www.ci.tiburon.ca..us August 7, 2007 ] ack Werner Stauffacher The Greenwood Press 300 Broadway San Francisco, CA 94133 Dear Mr. Stauffacher: Thank you for your letter regarding the recent increase in ferry rates. The Town Council did not take a position on the proposed increase in ferry rates. This did not stem from a lack of interest or concern but rather, I believe, from the notion that there was no viable short....term alternative that ensured continued ferry service. Councilmember Miles Berger and I looked into the question of ferry service quite extensively in this past year. We held multiple discussions with the provider, Blue and Gold, with the Golden Gate Bridge and Highway Transportation District, and with the Water Transit Authority. We concluded that there may be better ways to structure service to the peninsula in the future. One concept is to have GGBHTD act as an umbrella organization under which a ferry operator, such as Blue and Gold, might provide service. This would fundamentally change the nature of the service from private to public, and in doing so make our ferry service at least eligible for public subsidies such as those provided to other public ferry routes to Marin. This is a long....term approach but one we will continue to pursue with GGBHTD. We will also remain open to other ideas and approaches that might stabilize or reduce rates and protect service into the future. Please be assured that the continuation of ferry service over the long term is a very high priority for this government. Thank you again for taking the time to write. Sincerely, Z;;;t~~ T own Manager cc: Councilmember Miles Berger ~. 1. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 D AG~t!- l;;8r MEMORANDUM Date: August 10, 2007 To: Mayor and Town Councilmembers Prom: Town Clerk Crane Iacopi Subject: TOWN COUNCIL ELECTION UPDATE As of noon today, only two candidates have filed for the two seats in the November 6, 2007 municipal (Town Council) election---incumbent Jeff Slavitz and Planning Commissioner Dick Collins. According to the California Elections Code, if an incumbent (in this case, Paul Smith) does not file for re-election, the filing period is extended for five days (until August 15 at 5:00 p.m.) for non-incumbent candidates only. At that time, if there are still only two candidates for the two seats, the Town Clerk will publish a "Notice that there are not more Candidates than offices to be elected," according to Section 10229 of the California Elections Code. Five days after publication of this notice, the Council may undertake the following actions: 1. Appoint to the office the person who has been nominated; 2. Appoint to the office any eligible elector if no one has been nominated 3. Hold the election if either no one or only one person has been nominated. The Council has until August 23,2.007 to undertake any of these actions by resolution; a special meeting will be called of the Council on August 22 to consider these actions. If no action is taken by August 23, the election will take place. If you have any questions regarding this memo, please let me know. MINUTES NO. 949 PLANNING COMMISSION June 27,2007 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California If. O,'Q",., l:Sr 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 Collins, Kunzweiler and O'Donnell Absent: None Staff Present: Planning Manager Watrous and Associate Planner Tyler ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Planning Manager Watrous reported there were no agenda items for the July 11th meeting and said staff has tentatively scheduled the Scoping Session for the Alta Robles EIR for August 8, 2007. PUBLIC HEARING 1. 100 ROLLING HILLS ROAD: TENTATIVE SUBDIVISION MAP #60703; REQUEST TO SUBDIVIDE ONE PARCEL INTO TWO LOTS; An existing 51,119 square foot parcel would be subdivided into a 30,987 square foot lot (Lot 1) and a 20,132 square foot lot (Lot 2); Allan and Caroline Littman, Owners and Applicants; Assessor's Parcel No. 058-132-20 Associate Planner Tyler presented the staff report, noting the applicant was seeking approval of a Tentative Subdivision Map to subdivide a 51,119 square foot parcel into two lots. The property was currently developed with a single family residence, a detached pool house and swimming pool. The lot containing the existing dwelling would have an area of 30,987 square feet and Lot 2, which would contain the existing pool and pool house, would have an area of20,132 square feet. Conceptual building drawings have not TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 1 . ""~ , . been provided to illustrate a house located on proposed Lot 2, but the applicant has indicated that any future residence would likely be proposed in the location of the existing pool house. Ms. Tyler noted that surrounding property owners have raised concerns of a possible construction of a two-story home on the proposed Lot 2 and have requested story poles be erected for reasons of privacy, visual concerns, drainage impacts and increased density in the neighborhood. The applicant has not erected story poles because he feels the existing pool house would be adequate to represent the general location of a future home on the lot. Ms. Tyler stated that an Initial Study and Draft Mitigated Negative Declaration was prepared for the project and was released for public comment on June 1,2007. The comment period ended on June 21, 2007 and staff did not receive any comments. The Initial Study identified the potential for significant environmental impacts; however, mitigation measures have been developed which would reduce the potential for adverse environmental impacts to less than significant levels. She recommended that the Planning Commission take public testimony and adopt the draft resolution conditionally approving the Tentative Subdivision Map. Commissioner O'Donnell asked about the setbacks for Lot 2, stating that the swimming pool appeared to be situated within the required setbacks. Planning Manager Watrous said the swimming pool would be considered within the rear yard which was allowable and the projection of the pool house slightly into the setback was a slight nonconformity, adding that any future construction would have to comply with the setbacks. Chair Fraser opened the public hearing. Allan Littman, owner, said at the time he and his wife purchased the property in 1963, the pool house was used as a pony barn and therefore deemed to be a legal non-conforming use. He stated that none of the other homes in the vicinity had been built when they moved to the property and many of the surrounding lots were less than 20,000 square feet in size. He said that when they applied to subdivide the property they were meticulous in ensuring they conformed to the letter and spirit of the law, including the size of Lot 2 over 20,000 square feet, even without the area of the Rolling Hills Road easement. He cited a verse from Robert Frost stating that "good fences make good neighbors." He felt it was the spirit of mutual reciprocity and obligation of duties that established neighborhoods, and he expressed puzzlement that he found himself with neighbors objecting to the proposal. He said that the neighbors feel he should not have the ability to build a two- story home on a subdivided lot, which he felt was an issue to be addressed by the Design Review Board, not the Planning Commission. He noted that the neighbors opposing the proposal have two or three-story homes. TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 2 Commissioner Aguirre referred to the desire of neighbors to install story poles and he asked what the reason was for not doing this. Mr. Littman stated that story poles were irrelevant to the issue before the Planning Commission and expensive to erect. He said that there are trees and bushes on the property that are already much higher than the height of a future house and that a two-story home would only be 4-5 feet higher than the existing 16 foot tall pool house. Commissioner Kunzweiler confirmed with Mr. Littman that Rolling Hills Road was a private road. Mr. Littman said the road was offered to the Town some time ago and he worked on trying to get the Town to adopt it, but he was not sure why it did not pass. Public Comments: Rita Burgess clarified that they live in Colorado but also have lived at their home in Tiburon since 1991. She said their primary concern with the proposal is that a house on Lot 2 would have the appearance of a subdivision rather than that of the remainder of this older, mature neighborhood. She felt that the pool house square did not adequately represent what a future house might be on this property, noting that the maximum allowable height of a home is 30 feet and not 20-21 feet. She stated that they deal with drainage issues each year on Rolling Hills Road and are concerned that a new house would worsen this situation. She noted that her two-story home is on a downslope, and that a two-story home on Lot 2 would "hover" over the street. Commissioner Aguirre asked Ms. Burgess if she felt that any drainage issues could be solved through appropriate planning, engineering and design. Ms. Burgess felt they could be, but noted that currently many drainage improvements in the area daylight out onto the. street. Scott Peters said they have lived on their property for 10 years and done extensive renovations to their home and felt that it was common decency to put up story poles. He was surprised that Mr. Littman would be shocked that anyone would oppose or question the proposal. He felt it would have been desirable for Mr. Littman to have discussed the proposal with the neighbors and put up story poles to obtain feedback. He voiced concern with the drainage issue, noting that the drainage also affect Spring Lane and should be corrected, especially with the addition of a new home. He stated that they have panoramic views from his home and the new home on Lot 2 would look into his kitchen and family room. He felt that a new home built at the setbacks would look very vertical. He requested that no variances be allowed for a future home on Lot 2 and that the house should be pushed back as far from the street as possible. He also requested that Lot 1 have the same restrictions. Mark Miravalle felt he would be most directly impacted by the subdivision, as a new structure on Lot 2 would be very prominent from his house. He said that they moved to TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 3 the neighborhood because of its privacy and have done extensive remodeling of their home. He presented photos taken from his house of landscaping taken out and planted. He stated that peregrine falcons and red shoulder hawks which nest in eucalyptus trees on the subject property are endangered species. He felt that it was impossible to visualize a future house for Lot 2 without story poles. He said he would voice his concerns during the Design Review process to protect his views and privacy. Commissioner Kunzweiler asked about the issues related to endangered species. Associate Planner Tyler stated that staff checked with the U.S. Fish and Wildlife Service who have a website dedicated to endangered species and the American Peregrine Falcon was de-listed in 1999 and was no longer an endangered species. Planning Manager Watrous stated that a specific biological study had not been done and referred the Commission to the sections of the Initial Study dealing with biological resources. He noted that with many tree removals, if some sort of existing habitat is removed, birds will migrate to other similar trees in the vicinity. Renate Lee asked if the requested lot split would create an entitlement on the property for a structure and questioned the size of the home on the new lot. Planning Manager Watrous said if the subdivision is approved, it would allow the development of a single- family house on the second lot, with the actual location, size and design subject to the Town's Design Review process. He stated that the default floor area ratio standard would allow a maximum house size of 4,000 square feet for a 20,000 square foot lot. Commissioner O'Donnell said when he was on the Design Review Board they would occasionally get resolutions from the Planning Commission limiting the size of the home on a new lot. He noted a similar situation with the Old Landing Road proposal. He asked staff why such a limitation was not included in the draft current resolution. Planning Manager Watrous explained that the Planning Commission has limited the amount of floor area allowed. for a new lot in the past where there is a specific concern that a house over a certain size would be dissimilar to other homes in the vicinity. He said this could be done for this proposal as well if the Commission felt that a 4,000 square foot house would be injurious to the surrounding neighbors. He noted, however, that other lots along Rolling Hills Road have floor area ratios of 3,500 to 3,800 square feet, and he therefore felt that a 4,000 square foot house would not be inappropriate for the neighborhood. Ms. Lee felt it would help to determine what a proposed home would look like for the benefit of the neighbors. She also said there were quite a few lots for sale and she discussed the uncertainty of knowing what would be built in the area. Planning Manager Watrous summarized the information on home and lot sizes contained in the County Assessor's Records. TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 4 Mr. Littman stated that the development of Lot 2 would not change the drainage issues on the street, which he felt should be fixed, but should not be his responsibility. Regarding the falcons, he said that he has over 100 trees on his property and has never seen any peregrine falcons, but if there were any, they could easily move to the other trees. He said that the trees to be trimmed had nothing to do with the lot split. He said that Mr. Peters' home was over 4,500 square feet and that he has no intention at this time of building a 4,000 square foot house on Lot 2. He said that Mr. Peters has a three-car garage facing his lot and cannot see the pool house from the front of his home. He questioned why his neighbors were so concerned, as they have no idea of what was going to be built on Lot 2. He noted that his is one of the few single-story homes in the neighborhood. He said that applications for new homes must go before the Design Review Board and that was the time a design would be presented for consideration before the Board and neighbors. Caroline Littman said the trees to be trimmed were all planted since they have lived in their home. She stated that the neighbors have fabulous views of San Francisco away from the subject property, and that they cannot see into the Peters' property at all. Mr. Peters wanted to note for the record that all of his renovations were subterranean or underneath existing decks. Chair Fraser closed the public comment period. Commissioner Collins said he visited all the homes in the area. He acknowledged that a drainage problem exists, adding that the culvert at the end of the cul-de-sac appears to be too small. He felt that there was an opportunity to connect the line in the future to the street below, but that the issue should be dealt with later when a house is designed, and that this is not an issue for the Planning Commission. He felt the application was consistent with the Town's zoning ordinance and nothing in the staff report showed that the subdivision would violate any rules of the Town's ordinances or general plan. He felt it was unfortunate that neighbors may not like the idea of a future house on this site, but he felt those issues should be addressed during the Design Review process. He said that he did not believe the Planning Commission had any discretion to deny the application. He said the negative declaration addressed all environmental impacts and mitigations, and that adding one more house would be a minor density issue. He said that he did not have enough information to support considering the placement of a limit on a future home's floor area. Commissioner Kunzweiler felt that it was unfortunate that there was a lot of tension between neighbors. He stated that the question was whether the applicants have the right to split the lot which is determined by the zoning ordinance and general plan findings, and he felt findings could not be made to deny the request. He said that the applicants were not required to put up story poles or design a house. He said that a full public hearing before the Design Review Board would be held on any future house and there TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 5 would be a process for neighbors to comment and provide input. He trusted that good judgment would prevail on the design of the future house. He stated that he was uncomfortable in adding any arbitrary floor area or height limitations into the resolution. Commissioner O'Donnell felt the Littman property was one of the most spectacular properties in Tiburon and that it was unfortunate that it could not be sold as is. He said that the lot split would cause the property to lose its estate-like feeling, but would not ruin the estate-like feeling of the neighborhood. He concurred that the applicants have the legal right to split the property and that the objections from neighbors have more to do with Design Review issues. He recommended adding a condition of approval requiring that any future development of both parcels adhere to the zoning standards for these lots. He felt that there should be a meeting of minds with all the neighbors to address the drainage and tree trimming issues. Commissioner Aguirre said that he was perplexed that Mr. Littman seems surprised by the objections of his neighbors. He agreed that Mr. Littman had valid reasons to not put up story poles, but he felt that putting up poles would have been the neighborly thing to do, to give the neighbors a better idea of what was proposed. He agreed with his fellow Commissioners that there was no basis to deny the application, and cautioned against putting in any limits on what could be built, as there was no information to form the basis for such limitations. Chair Fraser found the disharmony among neighbors distressing, but agreed that legally, the lot split can be done. He said that he would approve the application, but also felt that a strong message be sent to the Design Review Board that whatever future structures are considered fit within the neighborhood and encouraging the Board to be diligent in its efforts to review any future house. Planning Manager Watrous recommended not requiring strict compliance with all zoning standards, noting that the Design Review Board often grants variances as a way of solving design problems, such as allowing more lot coverage to spread a house more out on the site so it is not so vertically massive. He stated that some conditions of approval come in the form of a recommendation that encourages the Design Review Board to carefully review the house for specific areas that have been addressed by.the neighbors, such as privacy, visual mass and bulk, and compatibility with the neighborhood. Councilmember O'Donnell suggested landscaping also be included and agreed the Design Review Board typically focuses on the suggested items, but felt the recommendation was warranted. Planning Manager Watrous recommended that the Commission consider an additional Condition Number 10 to state, "The Design Review Board is encouraged in its review of Site Plan and Architectural Review applications for both lots to place a special focus on TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 6 privacy, visual mass and bulk, and landscaping issues, and consistency with the character of the surrounding neighborhood." ACTION: It was MIS (O'Donnell/Aguirre) to approve the draft resolution (Exhibit 1) conditionally approving the tentative subdivision map as written; and adding Condition Number 10 that states, "The Design Review Board is encouraged in its review of Site Plan and Architectural Review applications for both lots to place a special focus on privacy, visual mass and bulk, and landscaping issues, and consistency with the character of the surrounding neighborhood." Vote: 5-0. Mr. Littman demanded the right to respond and Chair Fraser allowed Mr. Littman to speak. Mr. Littman said the Commission has implied that he has not been a good neighbor and had abused its position in imposing the additional condition of approval. He said he and his wife have been good neighbors, and he described efforts to work with the neighbors on this application. MINUTES 2. PLANNING COMMISSION MINUTES - Regular Meeting of June 13, 2007 Commissioner Collins referred to the top of page 2, reword the paragraph as follows: Commissioner Collins referred to the application's request to have two employee parking spaces be allocated off-site and asked for confirmation confirmed that the Community Development Director keeps kef* track of all such allocated parking spaces. Planning Manager Watrous confirmed the Town had records on allocated parking spaces. Commissioner Collins referred to page 2, third paragraph and asked it be reworded as follows: Commissioner O'Donnell supported the draft resolution of the location change and wished the applicant success. Vice Chair Aguirre agreed. Commission Collins agreed with comments of the other Commissioners and asked that a reference to the location of the two employee parking spaces allocated to a remote parking lot be included in the resolution. the application ",vas sOUfld and suggested adding the location of the tv/o parking allocations in the resolution. ACTION: It was MIS (Collins/Aguirre) to approve the Planning Commission Minutes of June 13,2007, as amended. Vote: 5-0. TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 7 ADJOURNMENT The meeting was adjourned at 9:00 P.M. ATTEST: JIM FRASER, CHAIRMAN DANIEL WATROUS, SECRETARY TIBURON PLANNING COMMISSION MINUTES JUNE 27, 2007 MINUTES # 949 Page 8 f. TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting August 8, 2007 - 7:30 PM DIG "- II l:::Sr ACTION MINUTES CALL TO ORDER AND ROLL CALL At 7:30PM Present: Chairman Fraser, Vice Chairman Aguirre, Commissioner Collins, Commissioner Kunzweiler Absent: Commissioner O'Donnell ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning 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 ELECTION OF CHAIR AND VICE CHAIR Commissioner Aauirre Elected Chairman 4-0 Commissioner O'Donnell Elected Vice Chairman 4-0 COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. VICINITY OF 3825 PARADISE DRIVE: SCOPING SESSION FOR AN ENVIRONMENTAL IMPACT REPORT (EIR) TO BE PREPARED FOR THE PROPOSED AL T A ROBLES RESIDENTIAL PROJECT; Irving and Varda Rabin, Owners and Applicants; Assessor Parcel Numbers 039-021-13 and 039-301-01 Comments Received .:;'1~ ., .... Action Minutes - Planning Commission Meeting August 8, 2007 Page 2 2. 9 MIRAFLORES LANE: REQUEST TO AMEND THE MIRAFLORES PRECISE PLAN (PO #21) TO AMEND A BUILDING ENVELOPE; Seth and Meg Landefeld, Owners; Holscher Architects, Applicants; Assessor Parcel Number 039-271-16 AlJlJroved 4-0 3. 1501 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO INSTALL A TEMPORARY OFFICE TRAILER; Belvedere-Tiburon Library, Owners and Applicants; Assessor Parcel Numbers 058-171-93 and 058-171-94 CONTINUED TO AUGUST 22, 2007 MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of June 27,20074 AdolJted 4-0 ADJOURNMENT At 9:05 PM a080807 TOWN OF TmURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DESIGN REVIEW BOARD AGENDA DIGESi ,. DATE: 8/16/07 MEETING TIME 7:00 P.M. AGENDA NO.: #14 PLEASE NOTE: In order to give all interested persons an opportunity to be hear<L and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State namefor 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 T eiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD Harb Harle New DwellingN ariancelFloor Area Exception New Dwelling CONTINUED TO 9/6/07 1893 Centro West Street 23 Old Landing Road E. NEW BUSINESS BEFORE THE BOARD 1. 2. 3. 4. 5. 6. 7. 8. 42 Claire Way 279 Cecilia Way 2 Bartel Court 19 Place Moulin 490 Ridge Road 1910 Straits View Drive Clawson Shadan Baum AlmN alentino Dunphy Kavitsky New Dwelling AdditionsN ariances AdditionsN ariance/Floor Area Exception Additions! Appeal New DwellingN ariances Guest House/Spa CONTINUED TO 9/6/07 F. APPROVAL OF MINUTES #13 OF THE 812/07 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT *.PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** DIGEST &.. NORTHERN CALIFORNIA CITIZENS AGAINST LAWSUIT ABUSE P.O. Box 1652, FAIR OAKS, CALIFORNIA 95628-1652 PHONE 916-638-8995 .:. FAX 916-638-8996 www.STopBAOLAWSUITS.COM NORCALA@COMCAST.NET RECEIVED AUG - 62007, August 2, 2007 The Honorable Tom Gram The Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TISURON Dear Mayor Gram, Sadly, today many local governments are often looked upon as potentially "deep pockets" in predatory lawsuits. This can only intensify the many financial challenges municipalities such as yours face everyday. The mission of Citizens Against Lawsuit Abuse is to educate the public and the media on the negative impact of this type of lawsuit extortion. As such, I would like to take the opportunity to invite the Town of Tiburon to join our nearly 2,500 supporters throughout Northern California in promoting awareness of lawsuit abuse and its effects on our local communities, schools and governments. With this in mind, we respectfully request that you issue a proclamation declaring October 1-5, 2007 as Lawsuit Abuse Awareness Week. I have enclosed sample proclamation text for your review. (It is also available electronically if that is more convenient.) We will be issuing press releases upon the receipt of the proclamation to generate attention to this important issue. We would be grateful if we could include mention of your support. Should you have questions concerning Lawsuit Abuse Awareness Week, or Citizens Against Lawsuit Abuse, please contact us. Thank you in advance for your participation. Sincerely, J~~~ Enclosures . '\::.. # .,~.~ (Sample Proclamation Text 2007) WHEREAS, civil litigation in our country costs individuals, small businesses and our courts billions of dollars each year; and WHEREAS, too often, people exploit our nation's justice system in the hopes of gaining wealth; resulting in lawsuits motivated by greed instead of justice; and WHEREAS, frivolous and abusive claims can detract from communities by diverting local resources from important municipal services, public safety programs and schools; and WHEREAS, with the taxing financial and public burden of irresponsible litigation, many small business owners, health care providers and government entities fear being sued and legitimate victims experience unfair delays when pursuing due process under the law; and WHEREAS, abuse of the legal system (lawsuit abuse) is a plague upon our justice system and our economy that carries a cost of over $800 each year for each and every Ame.rican citizen, costs jobs and cripples small businesses; and WHEREAS, Lawsuit Abuse Awareness Week provides and opportunity for consumers to learn about the human and economic expense of lawsuit abuse, encourage our legislators to promote balance in our legal system, motivate people to serve on juries and ensure that the u.S. justice system is used for its genuine purpose - to preserve and protect our liberties; NOW, THEREFORE, I, (NAME AND TITLE), do hereby proclaim the week of October 1-5, 2007 as "Lawsuit Abuse Awareness Week" and encourage all citizens to support fundamental reforms to safeguard and improve our civil justice system. July 26, 2007 DIGEST J,.. ~: Printed on Recycled Paper OFFICE OF MAYOR GAYLE McLAUGHLIN RECEIVED AUG - 62007, Tom Gram 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Mayor Gram, On May 17, 2007 I joined faith leaders from across the country in Washington, DC to ask that the Department of Homeland Security stop conducting mass immigration raids, which have broken up families, left children abandoned, and traumatized entire communities. We asked for compassion towards undocumented individuals and their families as the federal government finds paths to resolve the immigration status of million of persons. I have always believed that compassion is one of the core American values, and I believe that the more we show it to the world the more respect and appreciation we will receive as a nation in return. Thurgood Marshall once said that "the measure of a country~ greatness is its ability to retain compassion in times of crisis'~ Being compassionate makes us stronger and safer. There is currently a man in our state of California, Gerardo Hernandez, a Cuban national 1, who has been in federal prison for 9 years (currently in USP Victorville, CA), whose case is under appeal, and who has not ~ad the chance to see his wife since his incarceration began in 1998. His wife is ready to come and visit him, and she has the means to travel, but she is not granted a visa to come to the U.S. to visit her husband. She has applied seven times, and the US authorities have denied her a visa each time. Similar is the situation of the wife of Rene Gonzalez, also a Cuban national 1, who has. not been able to visit her husband currently in FCI Marianna, Florida, since the eve of his trial in 2000. This is mean spirited unnecessary punishment, and is in violation of a prisoner's right to family visitation. lOne afthe "Cuban Five" 1401 MARINA WAY SOUTH, P.O. BOX 4046, RICHMOND, CA 94804 www.ci.richmond.ca.us Telephone: (510) 620-6503 Fax: (510) 412-2070 ~, f \t,. ., -f \. " . Today I appeal to your sense of compassion and fairness, and I ask you to join me, and other Mayors of California, in respectfully calling the u.s. Attorney General to grant, on humanitarian grounds, temporary visitation visas to these two Cuban women, so that they can visit their husbands, currently incarcerated in U.S. prisons. I hope you will allow me to add your name to a letter (see enclosure) that I will be sending to the Attorney General (with copies to Senator Feinstein, Senator Boxer, and Secretary of State Condoleezza Rice). If you agree to join me and other mayors in asking that Adriana Perez O'Connor, wife of Gerardo Hernandez, and Olga Salanueva Arango, wife of Rene Gonzalez may be allowed to visit their imprisoned husbands please respond as soon as possible to riaht2visit@hotmail.com. You can also contact Alicia Jrapko at 510-219-0092, who is assisting me with this initiative, and let her know if we can add your name to the letter. This gesture will show the world that many in California are represented by Mayors who want a better relationship with the world, and who have compassionate and humanitarian hearts. A Better World is Possible! Si ncerely, " ~g~,~ Richmond, California Enclosure (1) u.s. Attorney General Alberto Gonzales 950 Pennsylvania Avenue, N.W. Washington, D.C. 20530-0001 (202) 353-1555 Attorney General Gonzales: We respectfully request that you grant temporary visitation visas to entry into the United States to the following persons who are Cuban citizens and live in Cuba, in order to be able to visit their husbands, currently incarcerated in U.S. prisons: . Adriana Perez O'Connor, wife of Gerardo Hernandez, reg. #58739-004, who is currently in USP Victorville, California. ',' I . . ~, "', " . Olga Salanueva Arango, wife of Rene Gonzalez, reg. #58738-004, who IS currently in FCI Marianna, FL 32446, The two women should be able to visit their husbands on humanitarian grounds. People in California and in the United States, as well as around the world, are aware of their situation. Their case is under appeal, and there is no justifiable reason to deny these families the right to visitation. Gerardo Hernandez has not seen his wife in 9 years and Rene Gonzalez has not seen his in 7 years. We hope you will review this matter favorably and grant entry visas into the United States Sincerely, Printed Name Title City e AMNESTY INTERNATIONAL USA ACTION FOR HUMAN RIGHTS. HOPE FOR HUMANITY. Public Statement AI Index: AMR 51/013/2007 (Public) News Service No: 010 17 January 2007 Unnecessarily punitive -- Amnesty International calls for temporary visas to be granted to two wives of the 'Cuban Five' Amnesty International is once again urging the US authorities to stringently review its decision to deny temporary visas to the \vives of two Cuban nationals serving long federal prison sentences in the USA, and, in the absence of reasonable and conclusive evidence for continuing for them to be withheld, to grant them temporary visitation visas so that they may visit their husbands in the US. The men, Gerardo Hernandez and Rene Gonzales were convicted in 2001 of acting as unregistered agents of the Cuban government. Adriana Perez has not been permitted to visit her husband Gerardo Hernandez since his arrest in 1998, while Olga Sa1anueva, wife of Rene Gonzales, and their eight-year-old daughter, have not seen him since the eve of his trial in 2000. Since 2002 the US governn1ent has denied the wives' applications for temporary visas for different reasons relating to terrorism, espionage and issues of national security. Yet, neither woman has faced charges in connection with such claims, nor have their husbands been charged with, or convicted of terrorisnl. Adriana Perez and Olga Salanueva have made representations to Amnesty International in which they deny being a security risk to the US, while their husbands are currently held in 'general population' within prison 'which suggests that they are not considered to present a security risk to the country. Amnesty International is not in a position to judge the evidence on which the government has made the decision to deny the women temporary visas for visitation purposes. However the organization has repeatedly raised the issue with the US authorities since 2002 because it believes that denying the men visits from their wives (and in one case, also his child) is unnecessarily punitive and contrary to standards for humane treatment of prisoners and states' obligations to protect family life. The organization believes that this deprivation is particularly harsh given the length of the men's sentences (Rene Gonzales has been sentenced to 15 years' imprisonnlent and Gerardo Hernandez to life imprisonment) and the questions that have been raised about the fairness of the men's convictions. Background Information on challenges to the convictions of the Cuban Five In May 2005, the UN Working Group on Arbitrary Detention (WGAD) issued an opinion finding that the USA had failed to guarantee the Cuban Five a fair trial. The WGAD opinion was based on information provided by'th~ prisoners' families, and included concerns about the trial venue, use of classified evidence and the fact that the defendants were kept in solitary confinement for months before trial, making access to evidence and communication with their attorneys reportedly more difficult. In August 2005, the convictions of all the Cuban Five were overturned by an appeals court and a retrial was ordered, on the ground that pervasive hostility toward pro-Castro Cubans in Miami (where the trial was held) was prejudicial to the accused. This decision was reversed on 9 August 2006 by the US Court of Appeals for the Eleventh Circuit on a finding that no such prejudice had been shown in the selection of the trial jury. AI has not reached a conclusion on the fairness of the proceedings, 111any of which have still to be raised on direct appeal. However, it continues to seek further infonnation on this issue. DIGES;T c. Dear Sudan, Love Marin A grassroots effort to raise awareness and stop the genocide in Darfur, Sudan Mayor Tom Gram Town of Tiburon 1505 Tiburon Boulevard Tiburon CA 94920 RECEIVED hUG 1:0 2007 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Mayor Gram: Please join us for a complimentary breakfast on Thursday, September 6,2007,7:45 A.M. Congregation Rodef Sholom Social Hall 170 North San Pedro Road, San Rafael 94903 Dear Sudan, Love Marin, a grassroots leadership group, is launching Darfur Fridays in Marin. We're inviting community leaders to enjoy breakfast and learn how to focus attention on this tragedy. We are proud that Marin County was one of the first communities in the country to organize an effort to raise awareness about the genocide in Darfur, Sudan. Unfortunately, the genocide continues, and so must our effort to stop it. · Will you join with other invited Marin business executives, clergy, County Supervisors, Mayors, social services leaders, and chamber of commerce executives in a county-wide initiative to end the genocide in Darfur? · Will you invest just one hour to learn how your organization can be part of "Darfur Fridays," a simple yet powerful program that is gaining momentum across the nation? · Now is the hour! Will you stand with the people of Darfur against the forces of genocide? Please RSVP by September 1 to Suzan Berns at 415-472 5128 or dearsuda n2005@yahoo.com. Executive Board, Dear Sudan, Love Marin Gerri Miller, Liz Arnold, Wyna Barron, Suzan Berns, Barbara Campbell, Susan Cohen, Gayle Donsky, Joni Pratt, Alissa Ralston, Fanny Rifkin, Debby Rose, Joanne Saxe, Terry Seligman Co-sponsors The Marin Interfaith Council S.F. Bay Area Darfur Coalition DearSudan2005@Yahoo.com I www.darfursf.orq DtGES.!Ia. AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY REDEVELOPMENT AGENCY BOARD OF COMMISSIONERS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA RECEIVED AUG 1 0 2001 Tuesday, August 14, 2007 Board of Supervisors Chambers, Room 330, Civic Center TOWN MANAGERS OFFICE TOWN OF TlBURON 10:00 a.m. Convene in Open Session 1. Approval of minutes of the meetings of July 17 and 24, 2007. 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-5) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 6. Supervisor Arnold requesting resolution commending Hank Barner upon his retirement from the Marin County Planning Commission. 7. Supervisor Adams requesting resolution acknowledging the Marin Medical Reserve Corps ("MMRC"). 8. Supervisor Adams requesting resolution recognizing Marin County Sheriff's Officer Sergeant Carl McCosker and California Alcohol Beverage Control Investigator Tony Carrancho for their outstanding commitment to enforcing underage drinking laws and reducing the sale of alcohol to minors. ' 9. Request from the Community Development Agency to award certificates to twenty- three newly certified Marin "Green Businesses". Recommended action: Approve. [5J fI --- ..... .... ..... - ~ rI All County public meetings are conducted in acc.essible 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 htto:/Iwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at htto:/Iwww.co.marin.ca.us/deots/BS/Archive/Meetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. ~. '. .' f~.". 1 O. Request from the County Administrator to consider the Request For Proposal ("RFP") for real estate development advisory services for the next steps in the development of the Emergency Operations/Public Safety Facility. Recommended actions: Approve. 10:30 a.m. 11. Hearing: Ordinance amending Chapter 2.18 of the Marin County Code pertaining to the delegation of authority to award informal construction contracts up to $125,000. Recommended actions: Conduct scheduled public hearing and consider adopting ordinance. 12. Appointments: a. Assessment Appeals Boards ("AAB") 1 and 2 One term expiration on AAB #1 (Leland Jordan, incumbent) and one term expiration on AAB #2 (Arthur Friedman, incumbent). Applications have been received from the two incumbents and from Filia Franco. Recommended actions: Make two (2) appointments or nominate applicants to be interviewed on August 21, 2007. b. Aviation Commission One term expiration representing District 1. Applications have been received from Dean Bullock and Richard Nave (incumbent). Recommended action: Make appointment. c. Marin Community Foundation Board of Trustees One At-Large term expiration (Gary Giacomini, incumbent). Applications received by the 5:00 p.m. August 9, 2007, deadline will be made available prior to the Board meeting. Recommended actions: Make appointment or nominate applicants to be interviewed on August 21, 2007. d. Marin/Sonoma Mosquito and Vector Control District Board of Trustees One term expiration representing the unincorporated territory of West Marin annexed in 2005. Applications have been received from Eden Clearbrook, Stacey Henderson and Fred Smith, Jr. Recommended action: Make appointment or nominate applicants to be interviewed on August 21, 2007. e. Planning Commission Two At-Large term expirations (Mark Ginalski and Steve Thompson, incumbents). Applications have been received from Allan Berland, Margot Biehle, Katherine Crecelius, William Cullen, Clark Hinderleider, Norma LaRosa, Richard Mayer, Michelle Passero, Linda Rames, Shirley Sanderson, Scott Shepardson, Joe Sherer, Steve Thompson (incumbent) and Isolde Wilson. Recommended action: Nominate applicants to return for interviews on August 21,2007. Recess as the Board of Supervisors Marin County BOS Agenda 2 8/14/2007 11 :00 a.m. Convene Special Meetina of the Marin County Redevelopment Aaencv Board of Commissioners 13a. Open time for public expression, up to three minutes per speaker, on items not on the Redevelopment Agency agenda. 13b. Authorize President to execute agreement with Diehl, Evans & Company, LLP, in an amount not to exceed $28,000, for assistance with report preparation and other accounting matters. Recommended action: Approve. 13c. Authorize President to execute First Addendum to the agreement with Ajilon Finance, extending the term of the contract to June 30, 2008, and increasing the amount by $9,550 for a total contract amount of $91,550, for specialized redevelopment accounting support. Recommended action: Approve. Adiourn Special Meetina of the Marin County Redevelopment Aaencv Board of Commissioners Reconvene as the Board of Supervisors 14. Closed Session: Conference with Legal Counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: County of Marin v. Martha Co. 1 :30 p.m. 15. CA-1. CA-2. Reconvene in Open Session Announcement from Closed Session. Workshop to discuss the Marin County Free Library Services and Facilities Vision Plan. Recommended action: Accept Plan. * * * * * * * * * * * * * * * * * * * * * * CONSENT CALENDAR A (Items CA-1 throuah CA-5) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) , Board of Supervisors: a. Supervisor Kinsey requesting resolution proclaiming the week of October 13- 21, 2007, as "Binational Health Week." b. Request to reappoint Stacy K. Carlsen as Marin County Agricultural Commissioner/Director of Weights and Measures pursuant to California Food and Agricultural Code Sections 2121 and 2122. Community Development Aaencv: Authorize President to execute Third Amendment to the agreement with Bocart & Associates/GHW Collaborative, extending the contract term to June 30, 2008, for development of the Marin City Community Center and facilities project. Marin County BOS Agenda 3 8/14/2007 CA-3. County Administrator: Authorize President to execute agreement with Marin Organic, in the amount of $35,000, to partially offset the cost of increasing accessibility to locally grown produce and to respond to increasing demands for locally produced organic produce. CA-4. Parks: Request to (a) approve plans and specifications and direct clerk to advertise for bids for replacement of a pedestrian bridge at Stafford Lake Park, including construction of an accessible pathway to the bridge; and (b) authorize the Director of Parks and Open Space to award the contract to the lowest responsible bidder. CA-5. Public Works: a. Approve temporary closure of one lane of Fairfax-Bolinas Road on Saturday, September 15, 2007, from 9:00 a.m. to 12:00 p.m., for the annual Mount Tamalpais Hill Climb bicycle ride. b. Approve temporary closure of the 100-200 block of Drake Avenue between Donahue Street and Terrace Drive in Marin City on Monday, September 3, 2007, from 11 :00 a.m. to 7:00 p.m., for the annual Blues and Soul Party. c. Authorize President to execute License agreement with Unavco, Inc., for location of a borehole strainmeter station at 18 Jeanette Prandi Way, Lucas Valley, to study volcanic and earthquake hazards. (APN 164-640-01) d. Approve award of Request for Proposal ("RFP") No. 2471A to Anderson Audio Visual, Inc., of Berkeley, CA, in the amount of $28,838.48, for the purchase and installation of audio visual equipment in redesigned rooms of the former Civic Center Jail. (Project No. CAP 94034-05-35) e. Request to approve plans and specifications and direct clerk to advertise for bids for the Restroom Accessibility Alterations project (Restrooms 136, 138 and 319). (Project No. CAP-90022-01) f. Request to approve plans and specifications and direct clerk to advertise for bids for the Septic System Repair at the Woodacre Fire Station project. (Project No. 07-032) g. Authorize President to (i) execute Notice of Completion for the North San Pedro Road Overhead to Underground Service Conversion Garden Ave. to La Pasada Project; and (ii) approve final payment in the amount of $101,279.81 and release retention amount of $11,253.31, 35 days after Board action, to Mike Brown Electric Co. (Project No. ECMCLD) Marin County BOS Agenda 4 8/14/2007