HomeMy WebLinkAboutTC Digest 2006-08-11
TOWN COUNCIL WEEKLY DIGEST
Week of August 7 - 11, 2006
1) Thank You to Tony Iacopi from Reed/Madden - re: Plaza Project
2) Correspondence from Dept.Housing - re: Tiburon Housing Element
3) Memo from Nick Nguyen - re: Fountain Suggested Design Changes
4) Schedule Update - re: Fountain Construction
5) Correspondence from Dan Watrous - re: Tamalpais Bank Sign Permit
6) Correspondence from Wm. McKee - re: a "Disturbing the Peace" Ordinance
7) Correspondence from Bruce Mulder - re: Reinstitution of Peter Berg Kite Day
8) Pleading - re: Del Mar Undergr.-Order Denying Cross-Complainants' Motion
9) Correspondence from City of San Rafael - re: JP A Revenues - Policy
10) Correspondence from City of San Rafael- re: MT A JP A Agree. Amendment
11) Correspondence from LCC - re: Public Safety Employees - Oppose AB3026
12) Correspondence from Ma.Economic Commission - re: Awards of Excellence
13) Minutes - Planning Commission - June 28, 2006
14) Agenda - Sanitary District 5 - August 7,2006
15) Agenda - Planning Commission - August 9,2006
16) Agenda - Marin Open Space District - August IS, 2006
17) Agenda - Marin Board of Supervisors - August IS, 2006
18) Agenda - Design Review Board - August 17,2006
Attached Original Separates (Councilmembers Only)
la) Town Roster - Corte Madera - August 2006
2a) Bay Area Monitor - Newsletter of League of Women Voters - Aug/Sept. 2006
3a) Correspondence from" Yes on 87" - Endorsement Request
4a) Western City Magazine - August 2006
Sa) Bay Area Home Building - July/August 2006
6a) Comcast Bay Overview - July 2006
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Page 1 of 1 I.
Heidi Bigall
From: Tony lacopi
Sent: Tuesday, August 08, 2006 4:00 PM
To: Nicholas Nguyen
Cc: Heidi Sigal!
Subject: FW: thank you!!
DIG~sr
QFrom: Jennifer Madden [mailto:madden@reed~adden.~Om]
Sent: Sunday, August 06, 2006 10:21 PM
To: Tony Iacopi
bject: thank you!!
Hi Tony,
Jeff and I just want to say how grateful we are for all the help you have given us lately. It really is
appreciated! Don't know how we would have gotten that vault lid in without you.
We had planned to pour the benches tomorrow, Monday, but the sand that was delivered Friday
afternoon was not the sand we ordered, and therefore, we will not be pouring until Tuesday, when we
have the correct sand on site.
So you will be around to watch us after all. Hopefully this time there will be no creeping forms! !
Hope you have a great weekend in the mountains with your sweetie.
We look forward to celebrating with you when this is all over.
Again, thank you!
Jen & Jeff
Reed Madden Designs
W'!!Y!_.[eedm~ggen,c.om
510.384.0804
8/8/2006
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AR~~lLD ~CI-l~!,-~Z~Nf:GG!;,RI~nvArnor ;I.
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?1'ATI; OF CALI~..oRt\lIA -BLJSINESS TRANSPORTAtiON AND.!1OlJ~ING AGE~CY
DEPARTMENT OF HOUSING AND COMMUNITY DEVEL.OPMENT
DIVISION OF HOUSING POLlCV DEVELOPMENT
1800 Third Street, Suite 430
P.O. Box 952053
Sacramento, CA 94252-2053
(916) 323~177
FAX (916) 327-26-13
August 3, 2006
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Mr. Alex Mcintyre
Town Manager
T own of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
RE: Town of Tiburon's Housing Element Conditional Compliance Sltatus
Dear Mr. Mcintyre:
As you know, the Department's December 9, 2005 review found Tiburon s adopted housing
element in compliance with State housing element law. The Departmenfl's finding of
compliance was conditioned on the Town implementing Programs H-19JI. through H-19D,
adopting overlay zoning and various other regulatory modifications and incentives by
April 2006.
According to documents received on April 26, 2006, the Town implemen:ed Programs H-19A
through H-19D. As a result, the Department is pleased to find Tiburon hi:IS satisfied the
requirements of the conditional compliance finding and the housing elerr ent remains in full
compliance with State housing element law (Article 10.6 of Government :~ode). The
Department appreciates Tiburon's efforts to encourage and facilitate the development of
housing througl1 amendments to zoning, and commitment to waive fees 3.nd give high
priority to development applications with units affordable to 10wer-incomEII households.
The Department looks forward to continuing to follow Tiburon's progress in implementing its
housing element through the annual general plan progress report (Govenment Code
Section 65400). Also, as part of the annual report, the Town should monitor the
effectiveness of the Town's new zoning and regulatory changes and mall~e necessary
adjustments to better assure development of housing for lower-income r ouseholds. Annual
progress reports are due to the Department by October 1 of this year and April 1 in
subsequent years, starting in 2007. If the Town would like assistance or has any questions,
please contact Paul McDougall, of our staff, at (916) 322-7995.
~~r
Cathy E. Creswell
Deputy Director
cc: Daniel M. Watrous, Planning Manager, Town of Tiburon
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Town of Tiburon
MEMO
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TO:
Heidi Bigall, Interim Town Manager
Nicholas Nguyen, Director of Public WorkslTown Engineer
~
FROM:
SUBJECT:
Fountain Plaza Art Installation - Design Changes Suggested By
Reed Madden
DATE:
August 4, 2006
....... .... ... ............... ..................
On February 2, 2005, the Town Council selected the Coming About fountain design
by Reed Madden Designs (RMD) as the finalist for the downtown fountain plaza art
project. At the time Coming About consisted of a 22-foot-diameter, 18-inch deep pool
with seven stainless steel kinetic sail elements.
On March, 1, 2006, the Council approved the concept plan for the downtown plaza
prepared by Pedersen Associates (PA) and subsequently approved entering into an
agreement with PA to provide construction drawings, estimates, and inspedion
services on March 15, 2006.
On April 5, 2006, the Council approved a set of changes to the RMD scope of work
which refined various design elements of the fountain.
On June 7,2006, the Council approved a contract amendment that expanded RMD's
limits of construdion to include the construction. of the outer perimeter concentric
concrete ring, fabrication and installation of three feature benches that match the
fountain benches, miscellaneous concrete work, and additional excavation, which
are all consistent with and called out in the PA plaza design.
Recently, RMD approached the Town and indicated that they had had discussions
with PA and Council member Berger regarding a design change which they agreed
to in concept. The design changes consist of the following:
1. Extending the sand-like concrete surface out to 8-feet from the water's edge
(as opposed to current plans of about 5-feet), and reducing the plain concrete
outer-ring to 3-feet. The overall circle will stay the same, but the higher..end
finish will be of larger diameter.
2. Adding 12 bronze three-inch letters with small triangles (to symbolize arrows)
around the perimeter band of concrete on the eight major compass locations
to simulate a compass rose.
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RMD is proposing to absorb any cost differences, except for the cost of the bronze
letters and directional arrows. It is requesting a change order cost of approximately
$600. This change will not impact the overall schedule.
The staff feels that the proposed changes are consistent with the theme of the
original concept, are cost-effective, and does not constitute a material change to the
original scope of work. Funds are available for this proposed change order. Staff
recommends the approval of the changes.
2of2
Page 1 of 1
Nicholas Nguyen
From: Jennifer Madden (madden@reedmadden.com]
Sent: Wednesday, July 26,200610:31 AM
To: Heidi Bigall; Nicholas Nguyen
Cc: Peder Pedersen; Andy Johnson
Subject: design change for agenda
Dear Heidi and Nick,
As well as the question of changing the dedication date for the next council meeting, we also need a
formal okay on a design change.
Weare proposing extending the custom sand-like surface out to 8-feet from the waters edge, and
reducing the plain concrete to 3-feet. The overall circle will stay the same, but the higher-end finish
will be of larger diameter.
Secondly, we are proposing adding 12 bronze three-inch letters with small triangles (to symbolize
arrows) around the planer perimeter band of concrete on the eight major compass locations...
a "compass rose". We would like to ask that the town pay for the cost of the bronze alone, and that we
pay for all shopping, delivery and extra labor to make this detail and the larger sand-finish happen. The
letters are approximately $500-$600. We have yet to find the bronze triangles for cost estimate (they
should be less expensive,) but will do so shortly.
The landscape architect, Pederson, is in favor of this design change, as is councilmember Berger, but
we need formal approval according to our contract.
Please let us know how you would like to handle this.
Thank you,
Jennifer
Jennifer Madden
Reed Madden Designs
www.reedmadden.com
510.384.0804
8/4/2006
May 10th
June 15th
July
August
August 15th
September
Sept 15th
'I.
UPDATED SCHEDULE
8/7/06
"Coming About"
Construction Order of Events
DIG~sr
Demolition for lower basin and vault area (Dennis Webb Construction)
Road Base brought in
Rough plumbing & electrical between vault and basin (Aquatic Environments)
[On-going "sail" construction by fabricators as well as Reed Madden (RM)]
Extended contract work for demolition and excavation of outer radius area
Including subslab reconstruction (rebar and epoxy stubs)
Larger Vault construction
F ormwork constructed for basin (RM)
Concrete Pour (RM)
CURE TIME
Form work constructed for back of large "boat" bench (RM)
Plumbing and electrical work continues (Aquatic Environments)
Construct formwork for upper bowl (RM)
Construct formwork for back of small "boat" bench (RM)
Concrete Pour of bench backs (RM)
Install vault lid (Aquatic Environments)
Pour small arc in main plaza for plaza partial opening
Concrete Pour of upper bowl
Install bronze lip around bow I edge (RM)
Install lights, pumps, timers, filters, skimmers, compressor, etc. (Aquatic Env.)
Test systems (Aquatic Environments)
Create colored concrete surface treatment for inner ring areas (RM)
Pour outer ring concrete surface as per extended contract with "Compass Rose"
Create concrete surface for fountain bowl & small "boat" area (RM)
Install three plaza benches as per extended contract
Pour concrete bench tops (RM)
Fabricate grates to match lower basin and install (RM)
Fine tune water and movement flows (RM)
Remove Fencing to open plaza
Sept 25th _30th* Install sail frame (RM)
Bring in sails for final installation (RM)
Hook up sail's moving parts (RM)
October 28th DEDICATION CEREMONY
* The completion date for the sails is still unknown. We have just received word that the earliest
we can receive 314L stainless in coil lengths is now September 11 th (and it may be a week after
that. ) We will need at least two weeks of fabrication time beyond this date.
.\l
s.
TO:
MAYOR AND MEMBERS OF TOWN COUNCIL
FROM:
DANIEL M. WATROUS, PLANNING MANAGER
/)IGS'~')~
AUGUST 11, 2006
SUBJECT: STATUS OF SIGN PERMIT AT 1652 TIBURON BOULEVARD
(TAMALPAIS BANK)
DATE:
On May 9,2006, a sign permit application was filed to install two wall signs for the
soon-to-open Tamalpais Bank branch located at 1652 Tiburon Boulevard. The sign
permit included plans that showed a 2' x 14' sign to be installed above the entrance
facing Tiburon Boulevard stating "Tamalpais Bank," consisting of acrylic letters on a
bronze colored aluminum frame. A 2' x 2' sign with the Tamalpais Bank logo would be
installed on the east face of the building. The sign permit application clearly indicated
that background "halo" illumination would be used for both signs; the box on the
application form listing "internal illumination" was not checked, while the "other" box was
checked, with a written description stating "halo illumination." The Design Review
Board reviewed and approved this sign design at their June 15 meeting.
A sign permit application was submitted to the Building Division on June 27. The
submitted plans were reviewed by the Planning Division and found to be identical to
those approved by the Design Review Board. However, unbeknownst to the Planning
Division, a separate detail drawing showing a section of an internally illuminated box
sign was also submitted, and the applicant had scrawled "internally illuminated signs"
on the application form.
On August 10, Community Development Director Anderson and I visited the site after
receiving complaints about the design of the sign. We discovered that internally
illuminated wall signs had been installed.
Within one hour, I spoke to Joe Durso from Tamalpais Bank, the building contractor for
their project and a representative from the sign company (Barber Signs). I explained to
them that the installed signs were not only different from those approved by the Design
Review Board, but were also inconsistent with the Town's Downtown Design
Guidelines. They asked if the signs could remain until replacement signs have been
prepared; I informed them that the signs must come down soon, and gave them until
Wednesday, August 16 to remove the signs. I told them that we would be willing to
work with them on approving some form of temporary signage once the wall signs have
been removed.
Mr. Durso and the contractor have been very cooperative so far in attempting to resolve
this issue, reacting swiftly to my calls. They have told me that they will contact me on
Monday, August 14 with more information about how they plan to proceed.
....,
..
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William J. McKee
311 Paradise Drive
Tiburon, California, 94920
415-435-4864
bbmckee1@netscape.net
RECEIVED
AUG - 7 2006
TO~~:NOAFGERS OFFICE
TlBURON
Town of Tiburon California
1505 Tiburon Boulevard
Town Council
Interim Town Manager
8/04/2006
~
~~
Re: Noise Ordinance
Sirs and Madams;
I am in receipt of a letter from the Interim Town Manager dated 8/04/2006 in response to my
complaint against undue noise at late hours and request that action be taken. Thank you for your
quick reply. The letter explains that the past Town Councils have not had a desire to pass such
an ordinance but doesn't attempt to offer a rationale as to why such a position has been taken.
The letter also does not mention a response to my request that the council take up the issue.
It unconscionable that the council would not be desirous of protecting the citizens of the town
from suffering such intrusions into the peace of the community. This is certainly one of your
jobs as council-members.
I am requesting that the council formulate and adopt: a "Disturbing the Peace" Ordinance that
will delineate the levels of noise or other loud audible emissions at particular times of a given
day. This certainly goes beyond petty politics and financial considerations that may have been a
consideration of past Council Members and speaks solely to what is right and correct for the
community.
I am an engineer and understand the equipment required to accomplish enforcement of such an
ordinance and also know that a reasonable wording of such an instrument could easily be
crafted. H the Council needs guidance along these lines I would be pleased to offer consultation
on the technology that can be utilized.
Respectfully,
;Jd~:- ~
William McKee
"'
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7.
DIGEST
August 7, 2006
Ms. Margo Zender, Chair Person
Tiburon Parks and Open Space Commission
Town ofTiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Dear Margo,
On behalf of the Belvedere- Tiburon Joint Recreation Committee I am pleased to report that our
Committee is in support of Peter Berg Kite Day. This event was discussed at our Regular
meeting held July 17, 2006. At this meeting it was determined that Belvedere- Tiburon
Recreation would support the event by promoting it in our Spring 2007 Recreation guide.
Please provide us with the details for the event by December 31 st, 2006 so that we can publish
the information accordingly. We wish the Parks and Open Space Commission the best of luck
with the planning of this worthwhile family event. Please let me know if we can be of any
further assistance.
Sincerely,
~~
Bruce Mulder
Director, Belvedere- Tiburon Recreation
cc. Denise Bauer, Chair, Belvedere- Tiburon Joint Recreation Committee
Paul Smith, Mayor, Town of Tiburon
Heidi Bigall, Interim Town Manager
Chris Ward, Vice Chair, Tiburon Parks and Open Space Commission
Belvedere- Tiburon Recreation
1505 Tiburon Blvd., Suite A Tiburon, California 94920
(415) 435-4355 Fax 435-8157
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ln1 AUG 1 0 2006 lW
AUG - 8 2006
KIM TUR..""lER
Court Exccutin: Ofticcr
MARIN COUNTY SUPERIOR COURT
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TOWN ATTORNEY1S OFFICE
TOWN OF TIBURON
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SUPERIOR COURT OF CALIFORNIA
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COUNTY OF MARIN
9 TOWN OF TIBURON
Case No.: CV062153
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Plaintiff,
ORDER DENYING CROSS-
COMPLAINANTS' MOTION FOR
PRELIMINARY INJUNCTION
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vs.
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DOE
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Defendants.
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At the law and motion hearing on August 1, 2006, considering cross-complainants' motion fo
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preliminary injunction, with appearances by Frank J. Mulberg and Brett D. Mulberg for defendants
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and cross-complainants ("cross-complainants") and Kevin Siegel and Ann Danforth for plaintiff and
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cross-defendant Town of Tiburon ("Town"), the court heard argument and took the matter under
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submission. Now, after considering the arguments and revie\ving the pleadings of counsel, the court
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adopts the tentative ruling with the below additions.
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Cross-complainants' motion for preliminary injunction is denied, for failure to demonstrate a
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likelihood of success on the merits. Butt v. California (1992) 4 Ca1.4th 668, 678; San Francisco
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Newspaper Printing Co. V. Superior Court (1985) 170 Cal.App.3d 438, 442. Cross-complainants'
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request for judicial notice of the cross-complaint and the answer to the complaint is granted. Evid.
Code ~~ 452(d)(1), 453.
ORDER AFTER HEARING
.~~
"Corrupt voting practices. breach of public trust. ballot tampering."
At the hearing, cross-complainants again raised their contentions regarding an appearance of
impropriety in the voting procedures under Government Code S53753. (see, e.g., Bonander decl. At
5:20-25,6:11-7:2; and Mostyn decl.) However, they cite no authority to the effect that having parcel
identifYing information on the ballot envelopes was improper. The Town has provided a plausible
explanation for why it was necessary to have such information on the outside of the envelopes.
Cross-complainants have not claimed, or shown, that they themselves were not allowed to see the
envelopes and thereby determine who had voted or not. In fact, at this juncture, there is no evidence
of ballot tampering, or actual or attempted influencing of votes; cross-complainants offer only
speculation and unsupported conclusions. In addition, at the 5108/06 hearing, Frank Mulberg stated
that "no direct allegations had been made" of ballot tampering. Cross-complainants objection to the
5/8/06 minutes is overruled. Evid. Code S 1280.
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14 "Wrongful taking of pro pert v -- Art. 13d &4(f) special benefits determination violation."
15 The Town has the burden at trial to demonstrate special benefits and proportional
16 assessments. Cal. Const., art. 13d, S4(f). However, it is cross-complainants' burden on this motion
17 to show a likelihood of success on the merits. See Weil & Brown, Civil Procedure Before Trial
18 (TRG 2005) ~9:632.1, p.9(II)-30. The moving and reply papers provided general citations to the 87-
19 page cross-complaint and lengthy supporting declarations; at the 8/01106 hearing, cross-
20 complainants' counsel referred generally to the cross-complaint at ~~ 34-107 and the supporting
21 declarations. However, as noted above, cross-complainants have failed to cite any specific evidence
22 to support their arguments and conclusions, and so have failed to meet their burden on this issue.
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ORDER AFTER HEARING
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"Unlawful initiation of Supplemental District and its sub-districts."
It is undisputed that the original Assessment District was formed under the Improvement Act
of 1911 (Sts. & By. Code ~5000 et seq.) ("1911 Act"). The court understands that the parties agree
that the Supplemental Assessment District was a new district, not merely the same district with an
increased cost estimate. Res. No. 08-2006 stated that the Supplemental District was formed under the
Municipal Improvement Act of 1913 (Sts. & By. Code ~10000 et seq.) ("1913 Act"), and the Town
acknowledges that it did not follow the 1911 Act procedures in forming the Supplemental District.
(Further statutory references herein are to the Streets & Highways Code.)
~ 10102.1 incorporates (with certain exceptions not applicable here) the provisions of the 1911
Act into the 1913 Act. ~5896.4 provides that, "All of the provisions of [the 1911 Act] shall be
applicable to a proceeding for a conversion" of existing overhead electric facilities to underground
locations under chapter 28 (~~ 5896.1 - 5896.17). However, ~5896.4 further provides that chapter
28, "does not affect any other law relating to the same or any similar subject, but provides an
alternative authority and procedure for the subject to which it relates. When proceeding under
[chapter 28] its provisions only need be followed." Therefore, in forming the Supplemental District
under the 1913 Act, the Town was not required to follow the procedures set forth in the 1911 Act.
When the Town discovered that, "The first assessment. . . fail[ ed] to raise sufficient money to
pay all costs. . . of the improvement or acquisition," it had the option of paying the difference out of
the general fund, or "order[ing] a supplemental assessment to pay the deficit." ~ 10425. It chose to
order a supplemental assessment, which was required to be, ".. .made and collected in the same
manner, as nearly as may be, as the first assessment." ~ 10426. The evidence submitted by the
parties supports a conclusion that this was done, when the Town adopted Res. No. 24-2006 and then
noticed the supplemental assessment on 5/15106, using the engineer's updated analysis of the relative
"special benefit" to each property in the district.
ORDER AFTER HEARING
3
Other issues
2 The issues regarding "unfair settlement practices with the [Reed Unified] SchootDistrict, and
3 promoting a quasi abusive tax shelter" were not considered in ruling on the motion, inasmuch as
4 those issues are based on the 3rd cause of action in the cross-complaint, and the court has sustained
5 the Town's demurrer to that cause of action.
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7 Evidentiarv obiections
8 Cross-complainants' objections to the 5/08/06 staff report and the 5/08/06 minutes are
9 overruled. Evid. Code ~ 1280. The Town's objections to the cross-complaint as a whole are
10 overruled. All other evidentiary objections are moot, inasmuch as the cited evidence was not
11 considered in ruling on the motion.
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13 Dated: August 8, 2006
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TCHIE
arin County Superior Court
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ORDER AFTER HEARING
STATE OF CALIFORNIA)
COUNTY OF MARIN )
TOWN OF TIBURON v. DOE
ACTION NO: CV062153
(PROOF OF SERVICE BY MAIL - 1013A, 2015.5 C.C.P.)
I AM A CITIZEN OF THE UNITED STATES AND AN EMPLOYEE OF THE COUNTY OF
MARIN; I AM OVER THE AGE OF EIGHTEEN YEARS AND NOT A PARTY TO THE
WITHIN ABOVE-ENTITLED ACTION; MY BUSINESS ADDRESS IS CIVIC CENTER,
HALL OF JUSTICE, SAN RAFAEL, CA 94903. ON August 9,2006 I SERVED THE WITHIN
ORDER DENYING CROSS-COMPLAINANTS' MOTION FOR PRELIMINARY
INJUNCTION IN SAID ACTION TO ALL INTERESTED PARTIES, PLACING A TRUE
COpy THEREOF ENCLOSED IN A SEALED ENVELOPE WITH POSTAGE THEREON
FULLY PREPAID, IN THE UNITED STATES POST OFFICE MAIL BOX AT SAN RAFAEL,
CA, ADDRESSED AS FOLLOWS:
KEVIN D. SIEGEL ESQ.
MCDONOUGH HOLLAND & ALLEN PC
1901 HARRISON ST., 9TH FLOOR
OAKLAND, CA 94612
FRANK L MULBERG, ESQ.
BRETT D. MULBERG, ESQ.
655 REDWOOD HIGHWAY, # 300
MILL VALLEY, CA 94941
ANN R. DANFORTH, ESQ.
TOWN ATTORNEY
TOWN OF TIBURON
1505 TIBURON BLVD.
TIBURON, CA 94920
I CERTIFY (OR DECLARE), UNDER PENALTY OF PERJURY UNDER THE LAWS OF
THE STATE OF CALIFORNIA THAT THE FOREGOING IS TRUE AND CORRECT.
DATE:8-9-06 ~~/~ \ QQ fi cL~ C ~~
- J. WTTHEY
q.
Count:i/ MtImbIIrs
Psul M. Cohen
Bsrbsrs Heller
Cyr N. Miller
GBry Q PhillIps
August 8, 2006
HAND DELIVERED
DIGEST
Barbara Thornton, Chair
Marin T elecomml:Jnications Authority
27 Commercial Blvd., Suite C
Novato, CA 94949
RE: POLICY ISSUE/COLLECTION OF JPA, REVENUES AND DISTRIBUTION TO
TOWNS AND CITIES
," . ' Dear Ms. Thornton:
Over the last few months, the City Council and staff have been in discussions regarding the
Marin T elecornmunications Agency's (MT A) fonnation agreement, and specifically the
section of said agreement that redirects participating agencies franchise fees away from the
local jurisdictions and has these revenues remitted directly to the MT A. Recently we were
made aware that the- City of Larkspur had similar concerns, which were stated in their letter
to you dated July 12, 2006. Our City Council has been concerned for some' time, from a
public policy standpoint,' that this provision of the agreement that directs the receipt of the
participating agencies' cable franChise fees directly to theMTA,is flawed for two reasons.
First, we are not alone in stating that one of the underlying principles of serving our
community is to preserve and protect our local revenues. We consider our fiduciary
responsibility to the residents and .businesses to be among our highest priorities. Too often,
cities and towns have been on the receiving end of State mandates or redistribution of
locally generated tax revenues, forcing the City to meet a growing demand for services with
shrinking resources. In these previous State actions, local control has been compromised.
As stewards of the public's taxes, we consider it our obligation and our duty to retain the
sole authority for allocation of revenues to programs, operations and activities of our
choosing. San Rafael is in no position to relinquish or assign its fiduciary responsibility to
that of another government agency or entity. To do so would be irresponsible and
unethical. Qur City Council, consistent with the Larkspur position, simply will not yield this
authority to other cities, towns or the County. If other governing boards in Marin were asked
this question, we think they would agree with this principle.
Second, the reassignment of cable franchise fees to the MT A is most unusual when
compared with how revenues are collected in the multitude of other Joint Powers
1400 Fifth Ave., P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3074 Fax: (415) 459-2242 TOO: (415) 485-3198
:~
CollectionIDjstribution of JPA Revenues
Page 2
Authorities and Agencies in the County and throughout the State. The collection
mechanism triggered under the JPA agreement is unique, given the MTA now collects
cable franchise fees on behalf of the each member agency, deducts its budget (which
indudes operations, programs and other expenses), and then distributes the net remainder -
under a defined formula. Other JPAs in the County remit an invoice to each government _
entity annually for the prescribed costs or expenses. San Rafael prefers that its MT A
. obligations be handled in a similar manner whereby we retain control and collection of our
gross cable revenues, and pay our proportionate share of the MT A operations annually.
Cable franchise fees are not "new" revenue to the cities, towns and County. In San
Rafael's case, these fees have gone directly into our General Fund to pay for essential
public services such as fire, police, park maintenance, library operations and community
centers. Regardless of the reasoning behind how the original JPA Agreement was
established, the City is seeking an amendment to the existing agreement. San Rafael joins
the City of Larkspur in requesting that the MT A take the following actions:
"Adopt an amendment to the JPA that provides for delivery of the gross
revenues collected on behalf of its member agencies to each individual
agency, - and then invoice the individual agency annually for its share of
the approved operational and/or program costs."
Adoption of the aforementioned amendment should resolve this complex cable franchise
fee issue. The San Rafael City Council encourages the MTA Board of Directors to take
appropriate action promptly.
.;J~
cc: MT A CitylT own Councils
MT A CitylT own Managers
1400 Fifth Ave., P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3074 Fax: (415) 459-2242 TDD: (415) 485-3198
II).
Mllyor
Albert J. Bora
Council Members
Psul M Cohen
Bsrbsrs Heller
Cyr N. Miller
Gsry Q Phillips
Heidi Bigall, Interim Town Manager
Town of Tiburon
1605 Tiburon Blvd.
Tiburon, CA 94920
DIGesr
August 8,2006
RE: AMENDMENT TO THE MARIN TELECOMMUNICATIONS AGENCY JPA
AGREEMENT
Dear Heidi,
For some time, our City Council has been discussing the Joint Power Authority Agreement
currently in existence for the Marin Telecommunications Agency. As mentioned at least a
couple of times over the last several Marin Managers meetings, the City of San Rafael has
expressed concern about the cable franchise fees being redirected away from local
municipalities and placed under the admin-istration of an independent governing body.
At the City Council meeting of August 7th, the Mayor and Councilmembers directed me to
write a letter to the Chair of the MT A expressing our concerns. More specifically, they
asked that the letter include an appropriate action for an amendment to the current
agreement that would allow the cable franchise fees to continue to flow to each municipality.
If amended, each agency, as a member of the MTA, would continue to be billed for its
share of the annual program and operation expenses of this Agency.
San Rafael collects almost $700,000 a year. in..cable franchise fees. This issue of local
control and the ability to hold on to money that is paid by local taxpayers for essential
services is of great importance to our Council and our residents. I've attached the letter my
Council directed me to write to the Chair of the MT A. I was asked by the Mayor to share
this letter with all of you and to ask that you share it with your elected officials who represent
you r town or city.
Lastly, Mayor Boro was interested in knowing if all of the member agencies would be
interested in coauthoring one letter that could assist in bringing resolution to this issue
sooner, rather than later. I put this question before you and hope that we can have an
informed discussion, and determine an appropriate course of action at the MMA meeting of
August 24th. .
1400 Fifth Ave., P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3070 Fax: (415) 459-2242 TOO: (415) 485-3198
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Amendment to MTA JPA Agreement
Page 2
Thank you in advance for distributing the attached letter to your elected officials. I'm
certainly available to discuss this matter. Please feel free to call me anytime at 485-3055.
Sincerely,
K~
City Manager
1400 Fifth Ave., P.O. Box 151560, San Rafael, CA 94915-1560
Phone: (415) 485-3070 Fax: (415) 459-2242 TOO: (415) 485-3198
Aug 1B 2BBb 15:31:Bb Via Fax
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4154352438 Alex D. McIntyre
Page 8B1 Of BB2
(L
1400 K Street, Suite 400. Sacramento, California 95814
Phone: 916.6588200 Fax: 916658.8240
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'ClTI.ES
URGENT - PLEASE TAKE ACTION TODAY!
Page 1 of2
August 9,2006
TO:
Mayors, Council Members, City Managers and Human Resource Directors
(Please Circulate!!)
FROM:
P. Anthony Thomas, Legislative Representative
Dwight Stenbakken, Deputy Executive Director
RE:
Workers Comuensation: Public Saleh' EmuIovees AB 3026 (Lieber).
OPPOSE!!
Itdidn 't take long! The Legislature returned from summer recess on Monday and on
Tuesday, we get reports that AB 3026 (Lieber) will be amended to grant an exemption for
public safety employees from many of the provisions of 5B 899, the most recent workers'
compensation reform legislation. That legislation has seriously reduced the workers'
compensation costs of employers, and, in the case of local government, the taypayers! The
legislation eliminated and reduced unnecessary cost areas in the workers compensation
system dealing with the treatment of employee injuries. Before
5B 899 the treatments were expensive and not producing results for injured workers. The
League has always opposed a "carve out" of public safety officers or any other
classification of employee from the general provisions of the workers compensation law.
This bill unravels the reform made in 5B 899 and is definitely a step in the wrong
direction!
Please have your Human Resource Director review the amendments for the impact in your
city. While the amended version of the bill is not yet available, the amendments to the bill
will do the following:
. Repeals the rights of cities to create a Medical Provider Network for use by public
safety officers and permits public safety officers to be treated for an injury by a
doctor of their choice.
. Reinstates the treating physician presumption for public safety officers.
. Eliminates the American College of Occupational and Environmental Medicine
standards after 90 days from the injury. These standards have cut down
considerably on the arbitrary treatments used before passage of 5B 899.
. Requires a burden of proof of the employer to prove that they are not liable for the
treatment of an injury.
1
l..'~. Aug 18 28B6 15:31:38 Via Fax
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->
4154352438 Alex D. Hclntyre
Page 882 Of 882
· Makes the Utilization Review process for public safety officers meaningless by
requiring reports to conform to the employee's treating physician's report.
· Automatically assesses penalties in the event that treatment is delayed or denied
due to Utilization Review that is delayed because of non-receipt of sufficient
medical information.
· Provides attorney fees if treatment prescribed by the employee's treating physician
is denied or modified by the employer and the treatment is later determined to
appropriate by the Workers Compensation Appeals Board or by agreement of the
parties.
· Exempts public safety officers from the spinal surgery second opinion timeframes
and requirements.
The bill is currently on the Senate floor and can be heard at any time. Please make your
contacts as soon as possible. After the Senate vote it has to go back to the Assembly for
concurrence. We are requesting the following actions from city officials.
ACTION:
· Please contact your Senator and ask for a "NO" vote on AB 3026. A complete
'.gut and amend" of a bill during the last month of the Legislature is not the way to
ensure that good law is made. It is an attempt to fly below the public radar screen
and secure a benefit for a special interest.
· Please contact your Assembly Member and alert them to this lef!islation
when/if it comes back over to the Assembly and ask for a "NO" vote in that
house. Carving a classification of employees out and treating them under a
different set of workers ' compensation standards is "unfair" to other employees.
. Please contact the Governor's office and ask him to "VETO" AB 3026 if it
reaches his desk. A veto of this legislation preserves the reforms the Governor
made in SB 899 that have substantially reduced workers' compensation costs and
fixed a system that had gone bad for employers and employees.
2
Aug 07 06 04:23p
Marinda Freeman
415-924-9174
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M~-rin t;conomic
Commi~~ion
August 4, 200e
Miles Berge
Mayor
Town of Tib ron
1505 Tiburo Blvd.
Tiburon, CA 920
Dear Miles,
The Marin conomic Commission will pres~nt the Seventh Annual Awards of Excellence
Luncheon 0 T~ursday. November 9, 2006 at the Embassy Suites Hotel in San Rafael.
These pres igious awards recognize and honor the best practices by businesses,
community rganizations, governments and individuals that contribute to a vibrant and
sustainable arin County economy. .
We invite ou to participate as a Nonprofit Sponsor of the 2006 Luncheon. Your
$ 275 No profit Sponsorship supports this luncheon and your contribution
guarantees he following:
. icket to the luncheon
. usiness or organization name listed as a sponsor on the invitation
. Your usiness or organization name listed as a sponsor on the printed program and
other acknowledgments at the luncheon.
. Your business or organization name acknowledged as a sponsor in all publicity
mate ia!s
Thank you in advance for your support of this important event for Marin County.
of this event will ensure that you are recognized for your continued
arin's best business practices.
Please fill 0 t the enclosed confirmation form and return it with your check. Please fax a
co of the c niirmation form b Frida Se tember 15th to be listed in the invitation.
If you have
Coordinator,
uestions about the luncheon or about sponsorships, please call our Event
arinda Freeman, MF Productions at 415-924-9145.
Civic Cent!?'!'. Room !lCO. SCJn RCJfoel. C~. 9400:).4157 - 415'49<;.'-6'269 - t=ox: 415."'09.7880 - ,f;moil: economic:.commis~jon@marin..org
Aug 07 06 04:23p
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Marinda Freeman
415-924-9174
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Murrin f;conomic Commis:s-ion
EIGHTH ANNUAL
AWARDS OF EXCELLENCE LUNCHEON
Thursday, November 9, 2005
Embassy Suftes Hotel: San Rafael
SPONSORSHIP CONFIRMATION
NAME:
(as you ould like it to appear on invitation and program)
Address;
Contact Perso
'Phone #: email:
o CORPORATE SPONSORSHIP $ 400
o NONPROFIT SPONSOR'SHIP $ 275
Sponsorship pa icipation provides:
· ONE 1ick t for the luncheon
· Your busi ess or organization name will be listed as a sponsor on the invitation, if your
check is ceived by Septem ber 1Sl1'l
· Your busi ess or organization name will be listed as a sponsor on the printed program
and in ot er acknowledgments at the luncheon
· Your busi ess or organization name acknowledged as a sponsor in publicity materials
Marin Economic Commission Tax ID #94-6000519
RESERVATIO S:
o ULD LIKE TO RESERVE A TABLE FOR 10 AT $ 500
(Comp any/Organization)
o
TICKETS AT $ 50 PER TICKET
LOSED A CHECK FOR A TOTAL OF $
*
* PLEASE R TURN THIS FORM WITH YOUR CHECK MADE OUT TO:
San Rafael Chamber of Commerce*
817 Mission Street, San Rafael, CA 94901
*We very much ap reciate the San Rafael Chamber of Commerce acnng as fiscal agent for this event
Ques ions? Call Marinda Freeman, Event Coordinator, at 415-924-9145
'* Pleas FAX your confirmation to Marinda at 415-924-9174. Thank you!
I~.
MINUTES NO. 937
PLANNING COMMISSION
June 28, 2006
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
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CALL TO ORDER AND ROLL CALL
Present:
Chair Kunzweiler, Commissioners Aguirre, Collins, Fraser and O'Donnell
Absent:
None
Staff Present: Planning Manager Watrous, Associate Planner Tyler and Meeting
Recorder Williams
ORAL COMMUNICATIONS
Noone spoke at this time.
COMMISSION AND STAFF BRIEFING
Planning Manager Watrous introduced new Associate Planner Laurie Tyler. Planning
Manager Watrous also noted that the July 12, 2006 Planning Commission meeting will be
cancelled and the July 26, 2006 Planning Commission might possibly be cancelled.
Commissioner O'Donnell noted that he is unable to attend the July 26,2006 Planning
Commission meeting.
PUBLIC HEARING
1. 18 UPPER CECILILA WAY; AMENDMENT TO THE TIBURON
HIGHLANDS PRECISE DEVELOPMENT PLAN (PD #15) TO AMEND A
BUILDING ENVELOPE; Andrew and Robin Bloch, Owners; Sutton Suzuki
Architects, Applicants; Assessor's Parcel No. 034-360-23
Chair Kunzweiler recused himself from this item.
Planning Manager Watrous reported that building envelopes have been established for
this property and the applicant is now requesting to create a secondary building envelope
that would extend thirty feet (30') to the rear of the approved building envelope for this
lot. Development within the secondary building envelope would be limited to fences,
walls, decks and accessory structures; the existing house could not be expanded into this
new envelope area. He added that the applicants have submitted letters from neighbors
on both sides who are in support of the project.
TIBURON PLANNING COMMISSION MINUTES OF MAY 31, 2006
MINUTES # 936
Page 1
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Elizabeth Suzuki, architect, discussed the project and noted that the secondary envelope
would make the back yard more usable as there is not a lot of flat usable area to the rear
of the house. She stated that this area seems like a natural place to place a spa as the hill
goes up behind this location and this would give privacy to those using the spa. Ms.
Suzuki added that the vegetation on the site would not be changed.
Commissioner Collins asked how far the spa would be above the grade. Ms. Suzuki
replied that the spa would be no more than three feet above grade.
Commissioner Aguirre stated that he visited the site and felt that this was a eompletely
appropriate use of the property.
Commissioner Collins stated that the project was a good use of space.
Commissioner O'Donnell agreed and noted that it was nice that the applicants had
obtained the support of the neighbors.
Commissioner Fraser stated that he visited the site, and asked if the changes to this
building envelope would set a precedent for other lots in this subdivision. Planning
Manager Watrous responded that building envelopes are established when the subdivision
is raw land with the best estimate of potential building locations; however, once buildings
are erected, owners sometimes find that the approved envelope may not be in the best
location. Mr. Watrous added that other building envelope amendments have been
generally approved long as the future construction permitted would be consistent with the
overall development pattern originally approved under the precise development plan.
MIS, O'Donnell/Aguirre (passed 4-0-1) to adopt the resolution recommending
approval of the amendment to the Town Council.
Chair Kunzweiler returned to the meeting.
MINUTES
2. Planning Commission Minutes - Special Meeting of May 31,2006
Amendments include:
Page 5, 3rd paragraph, 1 st sentence, insert "addressed the right elements" after
"adequately"
Page 5, 3rd paragraph, 3rd sentence, insert "or reason" after "benefit"
Page 5, 3rd paragraph, 3rd sentence, insert "presented': after "material"
Page 5, 3rd paragraph, last sentence, insert "he" after "said"
Page 5, last paragraph, 2nd sentence, insert "that" after "events"
TIBURON PLANNING COMMISSION MINUTES OF MAY 31, 2006
MINUTES # 936
Page 2
Page 5, last paragraph, 2nd sentence remove "right now, and, therefore not" after "site".
Page 5, last paragraph, last sentence, insert "at the present time" after "site"
Page 6, 1 st paragraph, 1 st sentence, insert "has to do" after "but"
Page 6, 1 st paragraph, 2nd sentence, remove "necessarily"
Page 6, 1 st paragraph, 2nd sentence, insert "it's potential approval of' after "entitled"
Page 6, 3rd paragraph, 4th sentence, insert "Le. Kol Shofar" after "facilities"
Page 6, 3rd paragraph, 4th sentence, remove ''there has been so much fighting amongst
each other" and insert" that the verbal fighting and bantering between Kol Shofar and the
neighborhood have gotten out of control"
Page 6, 3rd paragraph, 6th sentence, insert "had" after "he"
Page 6, 3rd paragraph, 6th sentence, insert "Council" after "Town"
Page 6, 3rd paragraph, 6th sentence, insert "revised" after "a"
Page 6, 4th paragraph, 3rd sentence, insert "Multi Purpose" after ''the''
Page 7, 2nd paragraph, 1 st sentence, insert "he" after "that"
Page 7, 2nd paragraph, 1 st sentence, remove "to work out"
Page 7, 2nd paragraph, 1st sentence, insert "could be worked out"
Page 7, 2nd paragraph, 1st sentence, remove "go" after "to"
Page 7, 2nd paragraph, 1 st sentence, insert ''take the matter" after "approach is to"
Page 7, 4th paragraph, 1 st sentence, insert "it appears that" after "lot"
Page 7, 4th paragraph, 1 st sentence, remove "any point" after "at"
Page 7, 4th paragraph, 1 st sentence, insert "many points" after "at"
Page 8, 2nd paragraph, 1 st sentence, remove "is" after "parking"
Page 8, 2nd paragraph, 1 st sentence, insert "remains" after "parking"
Page 8, 2nd paragraph, 1 st sentence, remove "because of the potential for significantly
more overflow parking"
Page 8, 2nd paragraph, last sentence, remove "because a facility has expanded"
Page 8, 2nd paragraph, last sentence, insert "due to a facility expansion" after "cars"
Page 11, 4th paragraph, last sentence, remove ''that he cannot support the project"
Page 11, 4th paragraph, last sentence, insert "at this time he s not in favor of the proposed
staging area" after "stated"
Page 11, 5th paragraph, last sentence, insert "said that he" after "he"
Page 11, 7th paragraph, 2nd sentence, replace "asbestos" with "dust"
Page 11, 7th paragraph, last sentence, replace "recommended" with "suggested"
Page 12, 8th paragraph, last sentence, replace "possibly looking for another site" with
"considering the feasibility of other sites"
MIS, Collins/O'Donnell (passed 5-0) to approve the minutes as amended.
DISCUSSION
ADJOURNMENT
The meeting was adjourned at 8:00 p.m.
TIBURON PLANNING COMMISSION MINUTES OF MAY 31, 2006
MINUTES # 936
Page 3
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON PLANNING COMMISSION MINUTES OF MAY 31, 2006
JOHN KUNZWEILER, CHAIRMAN
MINUTES # 936
Page 4
('I.
Peter Hoyt Berg, President
Richard Weinstein, Vice President
Fred C. Hannahs, Secretary
Casey A. Kawamoto, Director
Catharine Benediktsson, Director
AGENDA
Sanitary District No.5 of Marin County
Regular Board Meeting
at Sanitary District No.5 of Marin County Meeting Room
2001 Paradise Drive, Tiburon, California
Monday, August 7, 2006 6:30 p.m.
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CALL TO ORDER and ROLL CALL
PUBLIC OPEN TIME: The public is invited to address the Board on items that do not appear on the
agenda and that are within the subject matter jurisdiction of the Board. The Board will not take action
on any public comment.
DIRECTORS COMMENTS AND/OR AGENDA REQUESTS
CONSENT CALENDAR
1. Approval of July 10, 2006 Regular Board Meeting Minutes
2. Approval of the Warrants July 2006
3. Receipt of Monthly Financial Reports July 2006
MANAGEMENT REPORT
4. Operations Report
a. Tiburon Compliance Report & Public Complaint Report
b. Belvedere Compliance Report & Public Complaint Report
UNFINISHED BUSINESS
5. Workshop for Board of Directors Regarding Robert's Rules of Order, Brown Act, Role of
Directors Set for August 15 at the Tiburon Lodge (Lynch)
6. Implementation of a Fats, Oils, and Grease (FOG) Program (Lynch)
NEW BUSINESS
7. Adopt Resolution No. 2006-09, Waiving the Sewer Charges for the City of Belvedere (Lynch)
8. Consideration of Installation of Security Fence on Property Line at Main Treatment Plant
(L ynch)
9. Consideration of Appointment of Interim Maintenance Supervisor (Lynch)
10. Set Regular Board Meeting for September 11 th, 2006 In Lieu of Labor Day (Lynch)
11. Set Special Board Meeting for August 1 ih 9:00 a.m., for Consideration of Bid Award for the
Screw Press Project (Lynch)
12. Cost Analysis Report for Paradise Cove Conveyance System (Lynch)
COMMITTEE REPORTS
13. Finance Committee Minutes of July 21 and August 2, 2006 (Weinstein/Hannahs)
a. Balance Sheet & Combined Budget vs. Actual June 2006
b. Fiduciary Role of Board
14. Personnel Committee Minutes of July 13, 2006
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INFORMATIONAL ITEMS
15. Respond from Town ofTiburon, Letter July 17, 2006-Paradise Cove Conveyance System Over
Open Space
16. Letter from Tim O'Day dated July 19, 2006 to District Manager and Board of Directors
17. CLOSED SESSION-PUBLIC EMPLOYEE PERFORMANCE
EV ALUA TION/PUBLIC EMPLOYEE APPOINTMENT
California Government Code Section 54957
Title: Interim District Managerl District Manager
ADJOURNMENT
The Board will be asked to adjourn the meeting to a Special Board Meeting/Workshop August 15th at
8:30 a.m., at the Tiburon Lodge 1651 Tiburon Blvd., Tiburon, California.
The Board of Directors may at its discretion, consider agenda items out of the order in which they appear above.
Accessible Dublic meetinfZs: Upon request the District will provide written agenda materials in appropriate alternate
formats, or disability-related modification or accommodation, including auxiliary aids or services to enable individual with
disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P. 0. Box 227,
Tiburon, CA 94920 two days prior to the meeting.
t!-
TOWN OF TIBURON
PLANNING COMMISSION
1505 Tiburon Boulevard
Tiburon, CA 94920
Action Minutes
August 9, 2006 - 7:30 PM
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ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Planning Department Secretary at (415) 435-7390. Notification 48
hours prior to the meeting will enable the Town to make reasonable arrangements to ensure
accessibility to this meeting.
AVAilABILITY OF INFORMATION
Copies of all Planning Commission Agendas, Staff Reports, and supporting data are available for
viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town
Hall. Agendas and Staff Reports are also available on the Tiburon website (www.cLtiburon.ca.us)
after 5:00 PM on the Friday prior to the regularly scheduled meeting.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony
on agenda items. If you challenge any proposed action(s) in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in
written correspondence delivered to the Planning Commission at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Planning Commission attempts to hear all items in order as stated on the agenda, it
reserves the right to take items out of order. No set times are assigned to items appearing on the
Planning Commission agenda.
AGENDA
CALL TO ORDER AND ROLL CALL
Chairman Kunzweiler, Vice Chairman Fraser, Commissioner Aguirre, Commissioner
Collins, Commissioner O'Donnell All Present
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.
:},
Action Minutes - Planning Commission Meeting
Aug ust 9, 2006
Page 2
COMMISSION AND STAFF BRIEFING
Staff Update
Commission Information Items
ELECTION OF OFFICERS Chairman Fraser, Vice Chairman Aauirre
PUBLIC HEARING
1. 40 MONTEREY DRIVE: AMENDMENT TO CYPRESS HOLLOW PRECISE
DEVELOPMENT PLAN (PD #45) TO ALLOW ADDITIONAL FLOOR AREA;
Nasser Kashefi, Owner and Applicant; Assessor's Parcel No. 034-394-04
Recommended AIJIJroval to Town Council (4-1)
DISCUSSION ITEMS
2. REVIEW OF CROSSWALK AND CIRCULATION IMPROVEMENTS FOR
TIBURON PENINSULA CLUB; 1600 Mar West Street Review Held
3. EIR AND CEQA DISCUSSION Discussion Held
MINUTES
4. Planning Commission Minutes - Regular Meeting of June 28, 2006
AIJIJroved as Written
ADJOURNMENT 9:25 PM -
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BOARD OF DIRECTORS
MARIN COUNTY OPEN SPACE DISTRICT
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AGENDA
Board of Supervisors Chambers
Marin County Civic Center
Tuesday, August 15,2006
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 July 25 and August 1, 2006
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. Open Space District General Manager's Report
E. Assignment and Acceptance of Trail Easement Donation-Marin Council of Boy
Scouts, White Hill Open Space Preserve, Woodacre
1. Authorize the President, on behalf of the Board, and the Secretary to execute the attached
Assignment and Assumption Agreement between the Bay Area Ridge Trail Council and the
Marin County Open Space District, and
2. Authorize the President, on behalf of the Board, and the Secretary to execute
the attached Certificate of Acceptance of Grant Deed (Easement) from the Marin
Council of Boy Scouts; and
3. Direct the President, on behalf of the Board, to send the attached letters of thanks to the
Marin Council of Boy Scouts and the Bay Area Ridge Trail Counm
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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 htto:/www.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm.
The Board meeting is broadcast live over the Internet at htto://www.co.marin.ca.us/deots/BS/Archive/Meetinas.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.
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AGENDA FOR ~~~
MARIN COUNTY BOARD OF SUPERVISORS '19
MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS ~
MARIN COUNTY CAPITAL IMPROVEMENTS FINANCING AUTHORITY BOARD OF DIRECTORS
MARIN COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT BOARD OF SUPERVISORS
MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS
Agenda items will be heard at the time specified or later, depending on the progress of the meeting.
AGENDA
Tuesday, August 15, 2006
Board of Supervisors Chambers, Room 330, Civic Center
9:00 a.m.
1.
Planning meeting with Michael Smith, County Treasurer-Tax Collector-County Clerk-Public
Administrator. (To be conducted in Room 324A.)
Recess as the Board of Supervisors
10:00 a.m. Convene as the Marin County Housing Authority Board of Commissioners in Room 330
2a. Approval of minutes of the meeting of July 25, 2006.
2b. Open time for public expression, up to three minutes per speaker, on items not on the
Housing Authority agenda.
2c. Board of Commissioners' matters.
2d. Executive Director's Report.
2e. Authorize Executive Director to execute amendment to Housing Opportunities for Persons
with AIDS Program ("HOPWA") agreement, with the County of Marin, increasing the
contract amount by $291,832 for a total contract amount of $2,402,644, for rental
assistance for people living with HIV. (Corresponds with item 21 on the Board of
Supervisors' agenda.)
Recommended action: Approve.
2f. Request to open a 45-day comment period for the review of the Housing Authority's
Annual Agency Plan for 2007 and Five Year Plan for 2007 thru 2011.
Recommended actions: (i) Open 45-day comment period; and (ii) schedule a public
hearing for October 10, 2006, for the approval of the Annual Agency Plan for 2007
and Five-Year Plan.
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American sign language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) 499-7331 (voice)
at least 72 hours in advance. Copies of documents are available in accessible formats upon written request.
The agenda is available on the Internet at 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 n after the brief introductory message.
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2g. Authorize Executive Director to execute amendment to agreement with the County of
Marin, increasing the contract by $16,800 for a total contract amount of $53,800, for the
Housing Search Specialist Program for FY 2006-07. (Corresponds with item CA-2a on the
Board of Supervisors' agenda.)
Recommended action: Approve.
2h. Authorize Executive Director to offer two years of additional service credit to all eligible
staff electing to take early retirement, resulting in a voluntary reduction in staff.
Recommended action: Approve.
2i. Status report on maintenance and Capital program budgets with complete and scheduled
activities.
Recommended action: Accept report.
2j Authorize Chair to execute amendment to Community Development Block Grant Program
("CDBG") agreement with the County of Marin, to implement FY 2006-07 Residential
Rehabilitation Loan Program. (Corresponds with item 22 on the Board of Supervisors'
Agenda.)
Recommended action: Approve.
Adiourn as the Marin County Housina Authority Board of Commissioners
10:15 a.m. Reconvene as the Board of Supervisors
3. Approval of minutes of the meetings of July 11, 18, and 25, 2006.
4. Board of Supervisors' matters.
5. Administrator's report.
6. Open time for public expression, up to three minutes per speaker, on items not on the
Board of Supervisors' agenda.
7. Consent Calendar A (Items CA-1 through CA-8)
("Consent Calendar A" reflects those agenda items that have prior policy approval from
the Board and do not exceed $500,000 in cost.)
8. Consent Calendar B (Items CB-1 through CB-3)
("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to
budgetary matters.)
9. Supervisor Adams requesting resolution commending the worthwhile achievements of
past and present Marin County Grand Juries.
10. Request from the Community Development Agency to award certificates to eleven newly
certified Marin "Green Businesses."
Recommended actions: . Award certificates to the following newly certified Marin
"Green Businesses": At Home in Marin; Bamboo & More; Design Communications;
Equinox Landscape; Green Career Tracks; Inspiration, Inc.; Marin County Farmers
Market Association; Marin Outdoor Living; San Anselmo Cooperative Nursery
School; TLC Global LLC; Wealth Plus, Inc.
Marin County BOS Agenda
2
8/15/2006
11. Request from the County Administrator, on behalf of Supervisor McGlashan, to support SB
1701 (Migden) as amended June 8, 2006, regarding tidelands and submerged lands on
Richardson Bay.
Recommended action: Authorize President to issue a letter indicating the Board's
support.
12. Request from the Agricultural Commissioner/Director of Weights and Measures to approve
2005 Marin County Livestock and Agricultural Crop Report.
Recommended action: Approve.
13. Request from the County Administrator for Board adoption of response to FY 2005-2006
Marin County Civil Grand Jury Report "Agendizing Responses to the Grand Jury Reports"
(May 26, 2006).
Recommended actions: Concur in and thereby adopt the response and direct the
President to submit the response to the Presiding Judge.
14. Request from the County Administrator to adopt a resolution continuing the local
emergency declarations for the County of Marin, related to recent severe storm damage,
in conformance with Government Code Section 8630.
Recommended action: Adopt resolution.
15. Request from the Public Works Department to authorize President to execute amendment
to agreement with Harris and Associates, in the amount of $375,000 for a total contract
amount of $865,000, for additional construction management services related to design
services and construction management of storm damage projects.
Recommended action: Approve.
16. Status report and Construction Contract Award Summary by the Public Works Director
regarding the North San Pedro Road Resurfacing, Garden to Las Pasada in Santa
Venetia, Project. (Project No. ECR-887)
Recommended action: Accept report of the contract award, in the amount of
$986,179.15, to Ghilotti Construction Company, Inc., of Santa Rosa.
17. Request from the Community Development Agency to approve continuation and
expansion of the Marin Energy Management Team to become the 2006-2008 Marin
Energy Watch Partnership.
Recommended actions: (a) Authorize President to execute grant agreement with
Pacific Gas and Electric to receive initial funding in the amount of $2,450,120; and
(b) approve related budget actions as detailed in staff report dated August 15, 2006.
(4/5 vote)
18. Request from the Community Development Agency to approve agreements with
subcontractors for implementation of the Marin Energy Watch Partnership.
Recommended actions: Authorize President to execute the following subcontractor
agreements: (a) Rising Sun Energy Center for $235,842; and (b) GeoPraxis for $257,762.
19. Request from the County Administrator's Office to adopt a resolution to implement policies
for the establishment and dissolution of advisory boards and commissions, and conduct a
first reading of an Ordinance amending the Marin County Code to establish sunset dates
for discretionary commissions and incorporate clarifying language.
Recommended actions: (a) Adopt resolution; and (b) conduct first reading of
ordinance and schedule merit hearing for August 22, 2006, at 11 :00 a.m.
Marin County BOS Agenda
3
8/15/2006
20.
21.
22.
23.
24.
11 :00 a.m.
25.
First Reading: Ordinance amending Marin County Code Section 2.50.050(b) and Section
2.50.200 of the Marin County Living Wage Ordinance to increase the health benefits
allowance by $0.25 per hour effective October 1, 2006.
Recommended actions: Request Clerk to read ordinance by title only and schedule
merit hearing for August 22, 2006, at 11 :00 a.m.
Request from the Community Development Agency, Federal Grants Division, to approve
actions, as detailed in staff report dated August 15, 2006, related to Housing Opportunities
for Persons with AIDS Program ("HOPWA") rental assistance funding. (Corresponds with
item 2e on the Housing Authority Agenda.)
Recommended action: Authorize President to execute amendment to HOPWA
agreement with the Marin County Housing Authority increasing the contract amount
by $291,832 for a total contract amount of $2,402,64.
Request from the Community Development Agency to authorize President to execute
amendment to Community Development Block Grant Program agreement (Amendment 12
to Appendix C - Budget) with the Housing Authority of the County of Marin, increasing the
contract by $186,000 for a total contract amount not to exceed $2,118,481.91, for the
Residential Rehabilitation Loan Program (Corresponds with item 2j on the Housing
Authority Agenda.)
Recommended action: Approve.
Request from the Community Development Agency, Federal Grants Division, to approve
actions, as detailed in staff report dated August 15, 2006, related to Housing Opportunities
for Persons with AIDS Program ("HOPWA") rental assistance funding.
Recommended actions: (a) Accept $300,832 in FY 2006-07 HOPWA funding from the
San Francisco Redevelopment Agency for rental assistance and in-home attendant
care for FY 2006-07 and authorize President to execute HOPWA agreement with the
San Francisco Redevelopment Agency for the funding; and (b) approve related
budget actions as detailed in staff report dated August 15, 2006.
Request from the Human Resources Director to approve adjustments to the salary
schedules to provide equity increases for all job classes of the Deputy Probation Officer
(Bargaining Units/Fringe Groups 11-01 and 11-04) at 0.850/0 effective August 13, 2006.
Recommended action: Approve.
Hearing: Consideration of entering into a real property purchase agreement with Seagate
SRBC Associates LLC, for real property located at 3230, 3240, 3250, 3260 and 3270
Kerner Boulevard, San Rafael.
Recommended actions: (a) Conduct public hearing, (b) consider adopting
resolution to enter into real property purchase agreement, (c) approve related
actions including the filing of a Notice of Exemption under the California
Environmental Quality Act ("CEQA") and other actions as detailed in staff report
dated August 15, 2006, (d) adopt resolution to transfer the purchase agreement to
the Marin County Capital Improvement Financing Authority, and (e) adopt resolution
on reimbursement from proceeds of tax exempt securities.
Recess as Board of Supervisors
Marin County BOS Agenda
4
8/15/2006
Convene as the Marin County Capital Improvements Financina Authority Board of
Directors
26a. Approval of Minutes.
26b. Election of Officers.
26c. Executive Director's Report.
26d. Open time for public expression, up to three minutes per speaker, on items not on the
Marin County Capital Improvements Financing Authority Agenda.
26e. Request from County Administrator to adopt a resolution to accept the assignment of a
real property purchase agreement between the County and Seagate SRBC Associates,
LLC, for real property located at 3230, 3240, 3250, 3260 and 3270 Kerner Boulevard, San
Rafael.
Recommended action: Approve.
Adiourn as the Marin County Capital Improvements Financina Authority Board of
Directors
11 :00 a.m. Convene as the Marin County Flood Control and Water Conservation District Board
of Supervisors
27a. Approval of minutes of the meeting of July 18, 2006.
27b. Open time for public expression, up to three minutes per speaker, on items not on the
Flood Control and Water Conservation District Agenda.
27 c. Board of Supervisors' matters.
27d. Authorize President to execute agreement with John Wooley, in the amount of $98,000 for
a two-year period, to provide consulting engineering services for various flood control
projects now in progr~ss in Ross Valley and Southern Marin.
Recommended action: Approve.
27e. Authorize President to execute Lease Agreement with Carl E. Jacobson Trust and Alfred
Bellucci Trust, of the Redwood Center, Novato, for District owned lands along Novato
Creek.
Recommended action: Approve.
Adiourn as the Marin County Flood Control and Water Conservation District Board
of Supervisors
11 :00 a.m. Convene as the Marin County Open Space District Board of Directors
28a. Approval of minutes of the meetings of July 25 and August 1, 2006.
28b. Board of Directors' Matters.
28c. Open time for public expression, up to three minutes per speaker, on items not on the
Open Space District Agenda.
28d. General Manager's Report.
Marin County BOS Agenda
5
8/15/2006
28e. Request to accept donation of a public trail easement from the Marin Council of Boy
Scouts and the Bay Area Ridge Trail Council to link sections of the ridgeline fire road on
the White Hill Open Space Preserve in Woodacre.
Recommended actions: Authorize President to execute (i) Assignment and
Assumption Agreement with the Bay Area Ridge Trail Council; and (ii) Certificate of
Acceptance of Grant Deed (Easement) from the Marin Council of Boy Scouts.
Adiourn as the Marin County Open Space District Board of Directors
Reconvene as the Board of Supervisors
29. Closed Session:
a. Conference with Legal Counsel regarding existing litigation pursuant to California
Government Code Section 54956.9(a). Name of case: Dufond v. County of Marin.
b. Conference with legal counsel regarding anticipated litigation pursuant to California
Government Code Section 54956.9(b)(1). Number of Potential Cases: One (1).
Reconvene in Open Session
Announcement from Closed Session.
2:30 p.m.
30.
Hearing: Marin County Cemetery Company (Mount Tamalpais Cemetery and Mortuary)
Master Plan and Precise Development Plan and Negative Declaration of Environmental
Impact. 2500 Fifth Avenue, San Rafael. (APN 177-240-03)
Recommended actions: (a) Review the administrative record; (b) conduct public
hearing; and (c) consider adopting resolution denying the Master Plan, Precise
Development Plan and Negative Declaration of Environmental Impact.
**** * ******** ******* **
CONSENT CALENDAR A (Items CA-1 throuah CA-8)
("Consent Calendar A" reflects those agenda items that have prior policy approval from
the Board and do not exceed $500,000 in cost.)
CA-1. Board of Supervisors:
a. Supervisor Adams requesting resolution proclaiming the month of September 2006
as Marin County Free Library's "Library Card Sign-Up Month".
b. Supervisor Adams requesting resolution proclaiming the month of September 2006
as "Marin Literacy Month".
c. Supervisor Murray requesting resolution commending the Novato Youth Center for
30 years of services to children and families.
d. Supervisor McGlashan requesting resolution proclaiming August 19, 2006, as
"Nonprofit Appreciation Day" in Marin County.
CA-2. Community Development Aaencv:
a. Authorize President to execute amendment to Community Development Block Grant
("CDBG") cooperation agreement with the Marin County Housing Authority,
increasing the contract by $16,800 for a total contract amount of $53,800, for the
Housing Search Specialist. (Corresponds with item 2g on the Housing Authority
Agenda.)
Marin County BOS Agenda
6
8/15/2006
CA-3.
CA-4.
CA-5.
CA-6.
CA-7.
b. Authorize President to (i) execute amendment to the Community Development Block
Grant ("CDBG") agreement with the Bolinas Community Land Trust, Inc., for
rehabilitation of the Bolinas Garage Affordable Housing Project, increasing the
amount by $74,123.13 for a total amount of $116,023.13; and (ii) execute, subject to
County Counsel review, subordination agreement(s) and any related documents that
may be required by other sources of financing for this project.
c. Request to accept status report on implementation of the Marin Horizon School's
approved Use Permit and Design Review.
District Attornev:
Authorize President to execute agreement with C.G. Uhlenberg LLP, in an amount not to
exceed $32,132, to conduct required grant audits.
Fire:
Authorize President to execute FY 2006-07 agreement with Crystal Wright, in an amount
not to exceed $75,000, to provide coordination and management of the Continuous
Quality Improvement Program ("CQI").
Health and Human Services:
a. Authorize President to execute multi-year agreement with Advanced Business
Software, in the amount of $33,000, for laboratory management software for the
Department of Health and Human Services Public Health Lab.
b. Authorize President to execute agreement with Coastal Health Alliance, in the
amount of $30,000, using Health Resource and Services Administration ("HRSA")
grant funds, to improve the ability to respond to local public health emergencies.
Parks:
Request to reject all bids on the Forest Knolls Park project.
Public Works:
a. Request to approve plans and specifications and direct Clerk to advertise for bids for
the Paradise Beach Park Slope Stabilization Project. (Project No. PC-4052-11)
b. Request to approve plans and specifications and direct Clerk to advertise for bids for
the Sir Francis Drake Boulevard Traffic Signal Improvements project. (Project No.
SFDRS)
c. Authorize President to (i) execute Notice of Completion for the Strawberry Circle
Pump Station Project; and (ii) release retention amount of $26,376.40, 35 days after
Board action, to W.R. Forde Associates of Richmond. (Project No. ENS-PS4)
d. Adopt Traffic Resolution No. _ establishing a One-Way Stop at the intersection of
Flemings Court and Terrace Drive.
e. Authorize President to execute Option to Lease Suite 3B, 11435 State Route 1, Point
Reyes Station from the Marks Family Creamery, LLC, for the Marin Literacy Program.
f. Authorize President to execute agreement with Stetson Engineers, Inc., in an
amount not to exceed $100,000, for hydraulic modeling engineering services in Ross
Valley, District 2.
g. Adopt Resolution No. 2006-_ authorizing President to execute Amendment
Number Two (District Agreement No. 4-1852-A2) to Development Encroachment
Agreement, extending the time of the agreement to December 31, 2006, providing
additional time to complete the remaining items of work outstanding, related to
construction of the private road overcrossing at the Redwood Landfill Road/Highway
101 intersection.
Marin County BOS Agenda
7
8/15/2006
CA-8. Treasurer:
Monthly report of County, Schools, and District Investments as of June 30, 2006.
CONSENT CALENDAR B (Items CB-1 throuah CB-3) (4/5 vote reauired)
("Consent Calendar B" reflects those agenda items requiring a 4/5th vote relating to
budgetary matters.)
CB-1. Fund Transfers:
a. Request from the Auditor-Controller to adopt Resolution No. 2006- authorizing
temporary transfer of funds, in an amount not to exceed $350,000, to the Marin
County Resource Conservation District for meeting obligations incurred for
maintenance purposes for FY 2006-07. (3/5 vote)
b. Request from the Auditor-Controller to adopt Resolution No. 2006- authorizing
temporary transfer of funds, in an amount not to exceed $2,912,005, to the Sausalito
Marin City School District for meeting obligations incurred for maintenance purposes
for FY 2006-07. (3/5 vote)
CB-2. Community Development Aaencv:
Request from the Community Development Director to (a) adopt resolution authorizing
submittal of an application to the California Department of Transportation ("Caltrans") for
funding under the Community Based Planning Program; (b) accept grant funds from the
Caltrans, in the amount of $91,120, for the community based planning process at
Marinwood Village; and (c) approve related budget adjustments as detailed in staff report
dated August 15, 2006. (4/5 vote)
CB-3. Public Works:
Request to approve (a) the status report of construction contract award by the Public
Works Director to Maggiora and Ghilotti Inc., of San Rafael, in the amount of $440,765, for
the Park Street Culvert Restoration Project, Woodacre; and (b) related budget adjustments
as detailed in staff report dated August 15, 2006. (Project No. ECR-887)
Marin County BOS Agenda
8
8/15/2006
DESIGN REVIEW BOARD
AGENDA
blQ~
4...1S,.
(I.
TOWN OF TIBURON
1505 TlBURON BOULEVARD
TmURON, CA 94920
DATE: 8/17/06
MEETING TIME 7:00 P.M.
AGENDA NO.: #14
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 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 Bird, Boardmembers Beales, Doyle, Frymier and T eiser
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. OLD BUSINESS BEFORE THE ROAD
1.
1911 Mar West St. Balog
New DwellingN ariances/Floor Area Exception
E. NEW BUSINESS BEFO~ THE ROAD
2.
3.
4.
270 Blackfield Drive Harney
3 Rolling Hills Road Jansheshki
8 Acela Drive Ollendorff
Additions/Floor Area Exception
Additions
New DwellingN ariances/Floor Area Exception
F. APPROVAL OF MINUTES #13 OF THE 8/3/06 DESIGN REVIEW BOARD MEETING
G. ADJOURNMENT
**PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER**
.~~