The URL can be used to link to this page

Home My WebLink AboutTC Digest 2008-02-29 ~ TOW.NCOUNCIL WEEKLY DIGEST Week of February 25 - 29,2009 Tiburon 1. Thank You - Lynn Fox - Marinero Owners Requests -Pub.Wks. Assistance 2. Thank You - Brian Lantier - Marinero Owners Requests-Pub .Wks.Assistance 3. Email- Sophia Merrill- Tiburon Blvd Traffic Congestion Concerns - 2/27/08 4. Letter - Peggy Curran - Tiburon Blvd Traffic Congestion Concerns - 2/28/08 5. Email- Sophia Merrill - Tiburon Blvd Traffic Congestion - 2/28/08 6. Email- Ted Kozloff - Parking on Sugarloaf and Place Moulin 7. Letter - Geoffrey Fletcher - Tiburon Ridge Trail 8. Email- Lynn Feinerman - Aerial Spraying for Moths 9. Email- Frank Egger - "Stop the Spray" - Ma.Pesticide Free Zone Campaign 10. Draft Initial Study & Mit.Neg.Dec. EIR - Paradise Cove Wastewater Project Agendas & Minutes 11. Minutes - Planning Commission - 2/13/08 12. Action Minutes - Planning Commission - 2/27/08 13. Agenda - Design Review Board - 3/6/08 Regional a) Notice - Marin Comm. Dev. Agency - Title 22 Zoning Map Amend.* b) Comcast - Bay Overview - January 2008 * c) Marin County School Volunteers Newsletter - Winter/Spring 2008 * d) Conference Announce.- Bay Planning Coalition - 25-Year Vision - 4/18/08 * e) Workshop Invitation - Regional Water Quality Control Board - TMDLs f) Report - JP A Oversite Committee - Marin Hazardous & Solid Waste Agendas & Minutes g) Agenda - Marin Board of Supervisors - March 4, 2008 h) Agenda - Marin Hazardous & Solid Waste Mgmt. JP A - 3/5/08 i) Agenda - ABAG General Assembly - 4/24/08 * Council Only DIGEST {. Peggy Curran From: Sent: To: Subject: Lynn Fox [Iynn@sfsu.edu] Wednesday, February 27,2008 8:47 AM Peggy Curran Thank you so much Dear Peggy, I was just out walking my dog, Coco, and it was nice to see both requests of the Marinero Owners Association members being addressed. The "casket" is gone. Yea! Also, the hillside has been cleaned of the dangerous flammable debris and foliage. Thank you and your staff for your help on this matter. We appreciate your timely effort and look forward to working with you on other important safety and beautification efforts. Have a great day. Lynn Fox 1 DIGEST ~. Peggy Curran Subject: brian lantier [Iantierbf@sbcglobal.net] Monday, February 18, 2008 3:04 PM Peggy Curran; 'Lynn Fox' anderson-gram@comcast.net; 'Alan Lefkof; 'Laurie&Libby Weisheit'; 'Irene & Warren Russell'; 'Barbara Wilson'; 'Bill Coomber'; tkozloff@comcast.net; wetlesen@pacbell.net; jorvis@primeentity.com; wernerzimmermann@hotmail.com RE:Follow up on our request to remove Big Foot's Casket From: Sent: To: Cc: Dear Peggy, Our MOA Board and upper Sugar Loaf/Place Moulin neighbors are grateful for your making it happen! Thank you very much for your help in finally having Big Foot's casket fade into an ugly memory! Our MOA homeowners are also appreciative for the repaving of upper Lyford! I'd like to think we're "built out" enough now to drastically lessen the heavy equipment that's overused our streets on Mt. Tiburon, particularly in the last seven yrs. I gave some ice water today to a crew of private brush removers working on Sugar Loafs/Place Moulin's east side across the street from MMWD's water tank (officially 145 Sugar Loaf). Thank you also for this improvement to both the view and fire prevention on the top of this section of Town open space. May I make a long term erosion abatement suggestion for your consideration and that of our Town engineer? Where the top of open space meets the Sugar Loaf/Place Moulin curb (perhaps 100 lineal yards), the earth is somewhat level but only averages from 3ft to 6ft in width before plunging downhill some 70 degrees to 90 degrees. It strikes me that our Place Moulin neighbors (Mt Tiburon HOA), the Town, and MMWD would all benefit long term from an erosion abatement project at this location, but at what cost? I'm wondering if Public Works could erect where practical a sturdy but affordable retaining wall to catch clean fill that would effectively widen the earthen road support... ? The source of the clean fill would be MMWD's '08 excavation to install new retaining walls on its tank site, coincident with replacing its current redwood tank with two steel tanks. Do you and our Town Engineer think my idea is feasible or too costly to implement? 1 D1GEST 1. Peggy Curran From: Sent: To: Subject: Sophia Hutton Merrill [sophia5th@comcast.net] Wednesday, February 27,20088:37 PM Peggy Curran TRAPPED in Tiburon AGAIN !...TRAFFIC Tiburon has a VERY SERIOUS ever worsening traffic problem! Tiburon Blvd. is a disaster! I have lived here 13 years and every year the traffic congestion gets worse. I often feel 'trapped' when trying to get in or out to or from 101. I live up Lyford Drive above the Reed School. I try to adjust my 'life' to avoid the worst of the horrendous school traffic congestion but lately no matter when I try to come or go there is some ill-timed poorly 'planned road' work. We residents are rarely warned when these blockages will occur and when they do, as this morning, there is NO EXCUSE for the blockage...( no accident or emergency) no police were evident to regulate the flow of out-going traffic...it took 24 minutes to reach 101 this morning from Lyford. from (9:40 to 10:04 to reach the site of "road work"...which was minimal and near the entrance to the highway. I had an urgent appointment and missed it.9 NOT the first time! ) Tiburon Blvd. needs 4 lanes and construction needs to be STOP until this is DONE. I'm just one of many irate residents who simply can't understand why the town can't do something. Please let me know your thoughts. Thank you, Sophia H merrill 415 435 8022 1 DIGEST q. From: Peggy Curran Sent: Thursday, February 28, 2008 10:18 AM To: 'Sophia Hutton Merrill' Subject: RE: TRAPPED in Tiburon AGAIN L..TRAFFIC Hello, Ms. Merrill, Thanks for writing about your traffic concerns. Traffic is an issue for everyone living and working on the peninsula. Yesterday was particularly bad because there was a water main break of a 16 inch (i.e. huge) pipe belonging to MMWD which caused lane closures and a big traffic snarl near 101. The town works with the school district to minimize that piece of traffic. There is a "Safe Routes to School" group that exists to help create alternatives to the one- kid-one-parent twice a day syndrome that exacerbates the congestion we all experience. Widening Tiburon Blvd, I am told, has been rejected in the past due to the physical difficulty of doing so along narrow stretches, the cost, and the concern among residents that widening will simply result in yet more traffic and unfavorably change the character of Tiburon. As you probably know, Tiburon Blvd is a state highway owned and managed by Caltrans, not the Town, so the Town can push for change but decisions are made elsewhere. On one other note, the Town has and will continue to take action to ensure ferry service between Tiburon and the City continues. This takes hundreds of cars off the road every day as well as being environmentally more sensible. So, trying to get people out of their cars seems the most viable strategy, at least in the foreseeable future, to lessen traffic. Thanks again for getting in touch and please don't hesitate to write again if you wish. Sincerely, Peggy Curran Margaret A. (Peggy) Curran Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 (415) 435-7383 )' Peggy Curran From: Sent: To: Subject: Sophia Hutton Merrill [sophia5th@comcast.net] Thursday, February 28, 2008 11 :59 AM Peggy Curran Re: TRAPPED in Tiburon AGAIN !...TRAFFIC ft,.~~~ U;;Ul;.Sr Thank you very much for your quick response. I fully understand every thing you've said but reality is NOT being faced. People are NOT giving up their CARS in this busy day and age! Adding to the problem is Tiburons' large population of elderly ..80 plus year oIds still driving adding to the horrible congestion !! We get 'stllcl<' . daily behind someone who should not still be driving) Ferry service and bus service does not help the thousands of us who never go to S.F. or who have multiple destinations DAILY in the county, East Bay or Peninsula. Parking in Tiburon even if S.F. is your destination, is next to impossible. A car is needed for multiple errands...not everyone driving is simply commuting to an office.. especially in this community of wealthy, elderly, self employed baby boomers, and retirees. Tradesmen often refuse or charge extra to come to Tiburon because of our horrible traffic. A 2 lane road with many stop lights is NOT adequate to serve our ever increasing population and busy life styles. . The ferry system is NOT a practical substitution for a decent road. Weare all TRAPPED in this town and it's passed time serious plans are drawn up to widen Tiburon Blvd. Many many residents do not agree with the out-dated old excuse that widening the road will result in more traffic or change the town's character! HOW? WHY? This town needs to take a fair POLL of residents on this serious issue. The GET READY slogan should be GET READY to be STUCK... I would love to discuss this further in the near future. Thanks again, Sophia Merrill p.s. yesterdays' emergency could have at least been eased had the police regulated the lights and helped direct traffic.... Parking on Sugarloaf and Place Moulin Page 1 of 1 c. DIGEST Peggy Curran From: Ted Kozloff [tkozloff@comcast.net] Sent: Monday, February 25,20083:36 PM To: Peggy Curran Subject: Parking on Sugarloaf and Place Moulin Dear Ms. Curren: As you probably know, parking on Sugarloaf and Place Moulin is a daily problem for those of us who live up here (I live at 15 Place Moulin). On occasion, it becomes so congested that it is impossible to get through, and on one recent occasion the Tiburon Police department found it necessary to direct traffic around parked cars. Additionally, 1 am aware of several instances of cars being scraped by trucks. Prohibiting parking on these streets is clearly an unworkable solution, but there are a few restrictions which 1 think would not unduly inconvenience everyone and would greatly alleviate the problem: 1. Parking should be permitted on one side of the street only. 1 have no preference or suggestion as to which side, but if this requirement were instituted, the problem of the road becoming impassable because someone thoughtlessly parked across the street from another car would be eliminated. It also makes it easier for oncoming cars to see each other. 2. Parking where the road bends sharply should be prohibited on both sides. This would eliminate the problem which occurs regularly that two cars can find themselves in a head-on situation because of the inability to see an oncoming car until it is very close. This problem is frequently exacerbated by the tendency of construction workers to drive very fast, a situation which is almost impossible for the Tiburon Police to control without having someone on site all the time. 3. Additionally, there are a few locations where a parked car makes it very difficult for a property owner to enter or leave his driveway. Perhaps this parking could also be prohibited. 1 know this is a problem for our neighbor across the street (at 14 Place Moulin). 1 don't think these restriction will materially diminish the available parking, but they would make the use of both roads a lot easer and safer for everyone. Should you want to discuss this further, please don't hesitate to call me at 415-328-3000, Sincerely, Ted Kozloff 2/27/2008 6 f 1- IL, 'J'f< ~()'" J T ~ lJl'~ (t4 14:1ZO (.-tltrvr--v1 zz IJ 2~t ~ s~M ~ivJ~1 DIGEST 7. ror~ -@~ 0 w [g ~ 1m FEB 2 5 2008 ~) , TOWN OF TIBURON , I Vl6Y.uJ ~ 16. fh-K I-L,v tU/\oL ,a~V'1 &V~ h"-1 -r ~~ Lt Ju-A '" vk eM y.; (^1 fo det-< ~ 0 ft:-,- fa--V of, It.. ~ ~~ It 'J. 1< t:.-,;J, , I Jw.r .e J ~ J ~ ~A:'f.-, :J.. N-e tin)";" ~ ?/AA< b-""'iU-- ~ ~ it. ~ "fA' J, A-t Jr ~) ~ It. -row", I, cJfwv/A-l7 j ~r- V\M \L~ TtI..v, wM ~v .,.uk). J-/.-o,.J-e-v.e-v:t rtu-< ~ tAM1~j ~ I c~ J-o (YUMA L.-v V'^{ V~, M"I (V\ ~ f Vv- f &74 \h IrF vi- J; H c<A V;; ..v-f~ .J (/11<1'" V rv ~#-vV ~(W 0 y; fJrW~ ~ ,lJr ~ 1/tA-A/ S U:YJ ~ f N;\I ~ _ I ~ J ()-I"( ~ 4- ~ w.L...-<. S tJC ( .e-u f..-.A ~ frJ &-vJ tf ft til J vO V'^f.U.Ao{ If\" Dv-t tM^) It ~J 4- 16- ~\tv~ L:c '( CJ..{uM v: tL ~. ~ (,JrrJJ ~ CA huy s-cfh~ ~ '1-Luv~ evr-) tL I~ vw~~ {/, f~4 IN ~ I k ~ VVU I {'M yu vV (,LV' J 4 04J rt.. r;.;J - ~Jv~ f}~~ ~v fly Pv) ~ ()#vL.v D\GEST 14 ~gy Curran From: Sent: To: Subject: Lynn Feinerman [dvashah@yahoo.com] Wednesday, February 27,20084:37 PM Peggy Curran AERIAL SPRAYING ETC. for moths To: Peggy Curran, Tiburon Town Council, Digest etc. Greetings Peggy et. al.: As a sixteen year resident of Tiburon, I write to express my deep concern and adamant oppposition to the aerial spraying and other anticipated "treatments" for the light brown moth. I am a film maker whose first movie was called ECORAP: VOICES FROM THE 'HOOD, and it detailed many of the poisons contained in the pesticides manufactured by Ortho Chemical Company (a subsidiary of Chevron at the time) and other toxic polluters in the Bay Area...one of the most toxic substances being TOLUENE, which is a major component of the spray and other technology supposed to limit the reproduction of the moths. Sadly it also affects our own repro- ductive systems, as scientists can attest. The microscopic plastic containers for the toxic substances reputed to stop the reproduction of these moths, would if sprayed or applied in ANY OTHER WAY _ enter our lungs through the air, and would be very toxic. This has been attested to by scientists who testified at the hearings against the spraying in Berkeley/Oakland/Alameda. In addition, it has been proven that these devices do not in the long run work. And finally, to cap off the absurdity of this undertaking altogether, it has also been proven that this poor little moth has not in any way caused any sort of agricultural or other catastrophe. What possessed us to want to kill ourselves in order to eliminate this little critter? I will tell you what possessed us. GREED. It was reported on the radio that Stuart (Stewart) Resnick, a wealthy grower and the MAKER OF THIS HORRID PESTICIDE DEVICE - stands to make a fortune off of its use, likely already has, and has used his political connections to get this entire poison snowball rolling in the first place. We need to melt that snowball before it besieges us. It is reported that over 600 people in Santa Cruz were treated for the effects of its use there. What might that mean for our already overtaxed health care system here in Marin? I send you all blessings that you become fighters against the use IN ANY FORM of this poison that is totally unnecessary. Anywhere in Marin. Thank you for your attention to this letter. Sincerely, Lynn Feinerman Tiburon, California Looking for last minute shopping deals? Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch/category.php? category = shopping 1 Page 1 of2 4{ D'J"\ lUeS", Peggy Curran From: Frank Egger [fegger@pacbell.net] Sent: Tuesday, February 26,2008 1 :02 PM To: calendar@marinscope.com Subject: Marin Town Hall Meeting to Stop the Spray in Corte Madera-3/5/08 TO: The Residents of Marin County RE: Marin Town Hall Meeting to Stop the Spray in Corte Madera hosted by Marin Pesticide Free Zone Campaign. March 3rd, 2008 Agenda. FROM: Frank Egger, Marin Coordinator to Stop the Spray The Stop the Spray movement in Marin has been launched and Marin's residents and elected officials are invited to a Town Hall Meeting on Monday, March 3rd at 7 PM. The location is Corte Madera Town Center Community Room, Suite 201, second floor. The CM Town Center is located just West of the Highway 101 off-ramp at Tamalpias/Paradise Drive. This action meeting will include full public participation. We want to hear your ideas/recs. A panel of experts has been assembled to present the issues and impacts of the California Department of Food and Agriculture's (CD FA) decision to expand the 2007 Monterey/Santa Cruz Aerial Pesticide Spray Program to the SF Bay Area including Marin County from the 580 Corridor in San Rafael south to Sausalito, including Larkspur, Corte Madera, Tiburon, Belvedere and M ill Valley. Copies of the Official CDF A 2008 Spray Zones will be available to the public. AGENDA 7:00 PM. Welcome and Introductions, Frank Egger. Audience members option include name, city/town and affiliation. 7: 15 Presentations by Stop the Aerial Spray Panelists: 1.Paul Schramski, Executive Director, Pesticide Watch-Latest update on statewide efforts/actions and legislation (6 pending bills, 2009 if approved). 2.John Russo, Monterey County farmer and now Director, www.StoptheSpray.Q[Q Why we must unite the SF Bay Area with Monterey/Santa Cruz. 3.Nan Wishner, Spokesperson for Albany Mayor Robert Lieber & Chair, Albany IPM Taskforce will present the Albany/East Bay anti-spray actions. 4.Dr. Cory Reddish NO, licensed Mill Valley Naturopathic Physician. Aerial pesticide spraying health impacts on children, pregnant moms and seniors. 5.California Alliance to Stop the Spray representative from Santa Cruz County.The real and unforeseen impacts on Santa Cruz. www.1PaJ1J~Qr~CQm 6.Caroline Cox, Research Director, Center for Environmental Health in Oakland. What they won't tell you about the "inert ingredients" in pesticides. 7.Stephen Volker, East Bay Attorney, water/salmon Litigator and CEQA expert. USOAlCOFA actions. California Environmental Quality Act violations? 8:00 Public time. Questions, concerns and recommendations for action. Time to mobilize. YES WE CAN. 7./29/2008 Page 2 of2 9:00 Wrap-up. Request Marin's 11 cities/towns and Marin County Board of Supervisors agendize Resolutions to Oppose Aerial Spraying (i.e. Albany Reso # 08-4) & ordinances banning pesticides on the commons (i.e. Fairfax Ord # 686-FX Town Code, Title 8, Health and Safety, Chapter 8.40) 2/29/2008 February 29, 2008 Attached is the Draft Initial Study and Mitigated Negative Declaration of Environmental Impacts for: DIGesr PARADISE COVE WASTE WATER TREATMENT IMPROVEMENT PROJECT 10- \~~@~llW~~ \ml FEB 28 2008 L PLANNING DIVISION _ TOWN OFilBURON To: Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 FROM: DA TE: K/J #: SUBJECT: Kennedy/Jenks Consultants 622 Folsom Street San Francisco, CA 94107-1305 415-243-2150 415-896-0999 (Fax) www.KennedyJenks.com /)/Gt.-o ,8,. Josh Andresen 27 February 2008 0768006 Paradise Cove WWTP Improvements Project Transmittal D Courier D Fax ## Description pgs. (inc. cover) VIA: Copies 1 1 D Mail Date 02/27108 02/27108 l:8] Overnight Notice of Intent Draft Initial Study and Mitigated Negative Declaration of . ~nvironmental Impacts THESE ARE SUBMITTED AS CHECKED BELOW: D As requested l:8] For information and coordination D Return material when review complete D Return after loan to us D For approval by: Return to: D For review and comment by: Return to: D Other: REMARKS: Charge to 0768006!Task8/**** Copies to: File Signed: ~ Yb (L JcfS.-\-\ P>v-ct(~Se.c--. \Josh Andresen, P .E. ~( ~k ~1~A (\ Co~1 ~ ij \. . ( c ~(dcCI~-t ,e.~ I' fJ.-. N iZ '\ c--~. \.f-Sl- ~'\'"\c'-..J.~k~1 ~ ~~J ('e. ,J_UvJ ('_"'- J (j..., '- " <1'-- f\. ' /' ~ ~ S v'- ~ . Lj" '-/~ 5 ~ D V'-- v-- ~C~""~, ~o- ~i2Y-r ~ ----r u .-.J "- ~,,~___rV"~ ~ 1/zc1 (!;?8 p:\pw-proj\2007\0768006 paradise cove wwtp\06-corrspnd\is-mnd\lot- tiburon.doc [KJC@ Rev. 2004] NOTICE OF INTE]\!T TO ADOPT A MrTIGA TED NEGATIVE DECLARA TION Notice is hereby given that the public agency named below has completed an Initial Study of the following described project at the following location: Public Agency: Sanitary District No.5 of Marin County Project Name: Paradise Cove Wastewater Treatment Improvement Project , Project Location - Identify street . 3700 Paradise Drive, Tiburon, California (See attached map) address and cross streets or attach a map showing project site (preferably a USGS 15' or 7 1/2' topographical map identified by quadrangle name): This Initial Study was completed in accordance with the State's Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the project may have a significant effect on the environment. On the basis of such Initial Study, the District's Staff has concluded that the project will not have a significant effect on the environment, and has therefore prepared a Draft Mitigated Negative Declaration. The Initial Study reflects the independent judgment of the District D The Project site IS on a list compiled pursuant to Government Code section 65962.5. ~ The Project site IS NOT on a list compiled pursuant to Government Code section 65962.5. D The proposed project IS considered a project of statewide, regional or areawide significance. ~ The proposed project IS NOT considered a project of statewide, regional or areawide significance. D The proposed project WILL affect highways or other facilities under the jurisdiction of the State Department of Transportation. [g] The proposed project WILL NOT affect highways or other facilities under the jurisdiction of the State Department of Transportation. D A scoping meeting WILL be held by the lead agency. ~ A scoping meeting WILL NOT be held by the lead agency. If the project meets the criteria requiring the scoping meeting, or if the agency voluntarily elects to hold such a meeting, the date, time and location of the scoping meeting are as follows: N/ A . . ! Location: Date: ~ Tlme: Copies of the Initial Study and Draft Mitigated Negative Declaration are on file and are available for public review at the District's office: District address: 200} Paradise Drive, Tiburon, California Comments will be received until the following date: March 3, 2008 to April}, 2008 Any person wishing to comment on this matter must submit such comments, in writing, to the District prior to this date. Comments of all Responsible Agencies are also requested. The Board of Directors will consider the project and the Draft Mitigated Negative Declaration at its meeting on: Date: April 7, 2008 ! Time: 7:00PM If the Board of Directors finds that the project will not have a significant effect on the environment, it may adopt the Mitigated Negative Declaration. This means that the Board of Directors may proceed to consider the project without the preparation of an Environmental Impact Report. Date Received for Filing ?,.. .o~ (Clerk Stamp Here) ~l ,..\.(..~ ~'M~-r'-- Title ~rof;ecf ~eS;crfp'ltron Sa1t1~ta~ D~str~ct NJQ1c 5 QJf Mar~rt COlunty (lead Agency)) Parad~se Ca\H~i W'iNTp: Empro\pemettt Pro1ject 200j-[ Parad]rse Dr~\l'e'l lEb:u:ro;r\$ CaUfornia A new extended aeration wastewater treatrnent plant and effluent outfall pipeline into San Francisco Bay to replace deteriorated facilities constructed in 1969 and permitted by the San Francisco Bay Region \Nater Quality Board (SFBRWQCB). Tlle new "package plant" facilities will be constructed on the site of the existing plant which has a pernlitted capacity of 20,000 ga[Jons per day (gpd), and now serves about 60 residences located on the north side of the Tiburon Peninsula near Paradise Cove. This new facility will als01 rep~3:ce an existing 7500 gpd wastewater treatment plant which now serves the Seafirth con1rnunity to the west. and consolidaUon and operation by Sanitary District No.5 (805) has been encouraged by the SFBRVVQB. A new force main along Paradise Drive has been constructed to connect the Seafr1Ul Area to 8D5's wastewater collection system at Paradise Cove. Two neVi para([al 20,000 gpd ca.pac1ty wastewater treatrnent "package plants" plants will replace bOUl the existing SD5 and Seafilih facilities, and provide a nominal margin of additional capacity to serve nea.rby institutions and residences where onsite wastewater treatment and disposal s~'sterns rnay in tirne fail and who are in 8D5's zone of designated service. A nevV' 6 inch diarneter outfaH piperine will be direcUonally drilled fronl the treatment plant thru Ule Bay bottorn sedirnents and terrninate 400 feet offshore where there will be a diffuser anchored to the Bay bo1:t0i11 which will provide more than 20 to 1 initial dilution of secondary treated, disinfected and dechlorinated effluent into a minimum depth of 12 feet of water. This new outfall pipeline replaces an original 4. inch diameter pipeline that terminated, 400 feet offshore and was laid on and anchored to the Bay bottom but subsequently was broken and now terminates 100 feet offshore. The new larger outfall pipeline will also replace the existing Seafirth outfall. The location of the facility is shown in the attached project location map. €' A proposed finding is that the project will not have a significant impact on the environment with 111itigating nleasures as outline in the Initial Study Report attached to support this finding. Mitigation Measures for potential construction and operation impacts include: Aesthetics - scenic vista and light - minimal Air quality - odor control - oxygen and hypochlorite additions Biological - pelagic and benthic organisms - outfall directional drilling avoidance Geology and soils - seismic and landslides - flexible steel tankage p:~wi>rojl2007\0768006 paradise cove wwtp\11-pemUtslnoi.j)aradisecove.doc S,an~tary l!1ifS.tr~ct NOtJ 5) Qlf Marht CO;tl1m:ty 20101 Parad~se D)ru\Ce~ T~bUJron~ Canforn~a {Lead Agency) Hazardous materials - haul, storage and use of sodium, hypochlorite, sodium bisulfite and diesel fuel - srnall quantities Hydrology and water quality - Iligh initial dilution Outfall construction - horizontal directed drilling beneath bay Seicle tsunami inundation - shoreline Rip Rap Noise - construction equipn1ent, pumps and blowers-mufflers and acoustic enclosures Population, housing and schools - limited potential for growth Transportation and traffic - construction traffic - lill1ited size and parking Utilities and service systems - Capacity expansion - site lirnitation and required NPDESw8ste discharge permit Public service - School population increase - limited to Marin County approval to develop vacant land. Proposed construction period 1 May - 1 October, 2008 Draft Mitigated Negative Declaration review period for public comment: Beginning - 3 March 2008 Ending - 1 April 2008 Public Hearing - 7 April 2008 All written comments and Public Hearing to and at offices of SD5, Tiburoll, California. p:\pw-proj\2007\0768006 paradise cove wwtp\ 11-pennitslnoi..j)aradisecove.doc ., J#i--';J.. 122'2~'30"W t:'~';"}\":/~I./\"""\dfU~~"",'1f,,Y c.' ',' '.. -C 1 7-~~7.~ ......_[~"~,y.{,<....,}';{.;..~..,.... "~I >\>:~;;.<C~'J,. eel.: .C:,. '. .... . I." 1'2-'?"-";;":; '..' \-;\.1 1,,;..}J'c,.,., ... ........;.:>, > .~.. ""':;;~.;;. ". '. :.... '.' .:,:<:' '.' ':>:':'~;'::C> ';';: .:~~j '~:X :\ A.-::u:~~"<: ;~', '.: ~.~2">'< .;:.:5..c':;::..'7c.:....;,;..:, i'~,_t':',:'-'fr ':~'G;'~:": " \}-~':?:::'~ "..,t.. kc,: r~c i\'t.' xix/\.\ :~~ ,:C i','j:' .~~?:;~ .{ :>:J~~:,;.-,i:f.(;i;::.:';~ .'~ "e;'':'~ ::>> Y~';. ;~::,L .. ~., i.-' .;.~ c','. :..; fl'. '::""\h';1S..c.. _,;:(:\}-,,: . ,," ,\.,..~,._' '.f (:'-~ ~:,:"\;;. '-::"< ", .'.' '(z,3';V" -....;~C..> 'ci:;~';' ..':'.::;;;,,;.. 37"54'30"N . :e;,. ....; .7".....;: '; c.' "'." ,.x,,:: i."':<~:_:: e'!?..", ~~ft~'" ;);:.:.....:.~,;:.. >':.' ~::,"..:. I '.'. .c;.:',:,.. :.S.....,.... ~~~~j'.,~. :: xc\ ~:~:e' ", I ::C...,""/,, "'.,'c:;:., .:'c,.. ,;,.>. C'x: ::;. ,':'.i,,' .:.; >,: ;"~::.X;:,c.;;;..,/I.~::~.:;< ;":!, ~~;i:,~' :;:;':~TX'j' ;r " >Z \: '>:( "'';':;, ....:'./_~<,.y;::i;" ,:o;~ ...; ;";' .!'~ / 3 '\ ;L/6~.~-:....":~f;)~:;~~~0/[:~ '~:o~"~'~"";'~::) I'l;~~ ";'~I'CC''''~ )lii;.~i~'-\I~~iJl' :~:;::l~":~JC)>..\; > >'. .. "-':':~' t C' I cc,;.; .. I':'. ~'~::"'o.' . ::: ! ':::_i",=~:l ;O,\J>:~":/~~f.'.e."., ......,.;. :;: j!,":;:~~.::,- . 0s;a [Illl Li:l.l <'\'"', " !"r,:.;" Z~: '< ';, ': 'cJ;~6:~ . ,;.'" " ::'ii{" . ItJi:,. ~~~~~ilS~'C~" C/ I ?f~~J!'" ';: -"""'0" ~~;I'. ,,:,:~z::~;}]~;r~~ ;.' k;0',,~.,: X',.". c..;: ',c ::~ X" ,,,..,,-,,,\~:p,al act) ;'';;;'.~' '"'c, .li.' 122'2B'O"W 122D27'30"W 122D2TO"W 122'26'30"W 122D2r9'O"W ~i(H~~~~-'{~, %f'.::i~"'.;~ "\.S\ ~ , ~~-'"'' j .~.~~W ift~~~)~ ,\ I, II' ~~ I' I :~'~. , ..-,.. .' '" I 37"5l!'30"1~- -;:~' l %:,;t,t: \ l' ~l .~ ,~ '~,,\:.-' >> .:-'. ~\j., --. ~.v- .;;,11 % { ,'.;!- .. .:.::.:~~: 37'S4'O"N p .~. ~ ',,)JY~ ~ (f~ :'j ~'. I . , im"'~ :>-~ ~~.. ~" :;~1~1)\, . "-~~c . ;~\'1j1.' ~l W l~~ I. ~\:: ~i\~~~ :-, ~'~./,~. ,:~\ ) ,- (. . -~';.\-- l-S~) \ ' '"" ~~~\ (~ "~~~~~-)~'-> '..~ '. '." (.... ~{: " ,n{i~ ~l~ ..,.... ,,;../:.;',-> ,:,~~}I'l~~W~~?- ~""533"N . 8f'11~.'\'\:, ,!,.... . __ \\~~\\\\.~:<~..-r . m'\"i'\,i X" ~/.;::;~t I. ~,,~~\ ! (,.... )..,,:::::-:;(/_'-:!, 1.:..\~\\\\ j' \ Jr--~(C\?~TI \\\.~~~ \~\;"\\'" ",,--.. . . ...'./.J;:\,........,,;)]IC ~-~ ~ ",:~", ~I ...fi.'. ;.' ~.-~~~~l)\\\-~1\--.:;~~ .!<~".~'~ . ,\,;i. ~'-"\~71 t';;/") ,-,\\\ ... '...' ~ ~~. m ~~~~-p~1"l~~(~~.~.~ 'Ic~'~~; -".53'O.N ~~ ( ";~WI\ ~~..C'~.f:,,~, !IIMI ft,. -1" ~~ ~ -"~*D (j!r~!/ . ~ ~ ';;':'b;~~~ff , .T..~~~i!~~~ ~~ _..-\~ ) u{~n'"'-"L :-- -~>~:a \'ft%;IIY0 :~::~CJ'V~--": llJI) o~if ~~~~0r -~C ~. ~\~~ --. i~ -;E'~ . J < , .i ~ ~""'I ^ -37"S2'30"N ~~ " .. ~* :0 ~. r\ t I I ';i, s'..:; &&i : ,,,',,' /';-1c]:'".~ :);'''''' ~ '<-:..;~ ~> '"'- =..-/ :,~. 37"S3'30"N- ~\.~', __-~-"~~~h\ r :_:~'~~;'~~r:! ~~~ '- " . i'. : -....:-. ~\(:~J\;~ ,- "" ] , .. -, . ,~'. :? ~ :' ~~'-::~~~i':< ~~~:;~I t:.. \ .. IS. I ~ - - -. ':''' /~b ,f\.-. .'. ~ l' :.~ ,<- ;<--;-'. "'-::~:;,. ~h~~'5\~~<<1 , ..q..- . -! --18.. "1\}\W~ .":,,...ii~;,E1,~cG~;;'/,~;~L\~' 37'S3'O"N 1 ~~i~~u[&~~P~~;;z~~[*~~~ j,;" 'Eoi:F :,e . ;~. ;~',' ~, . ". 37'S2'30" " '/. :~ Q. ,.. ~:':, j;i~ ~'.'" ".,,,~ t 122'29'O"W r 122'28'30.W 122'28'O.W 122'2T30"W 122'27'O"W 122'26'30"W N t Kennedy/Jenks Consultants Sanitary District NO.5 of Marin County Tiburon, CA Paradise Cove WWTP Improvement Project Project Location Map o I 1,000 I 2,000 , K1J 0768006 February 2008 Scale: Feet I/. MINUTES NO. 959 PLANNING COMMISSION February 13, 2008 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California DIG~sr CALL TO ORDER AND ROLL CALL Chair Aguirre called the meeting to order at 7:30 P.M. Present: Chairman Aguirre, Vice-Chairman O'Donnell, Commissioners Fraser and Kunzweiler Absent: None Staff Present: Community Development Director Anderson, Planning Manager Watrous, and Minutes Secretary Lisa Harper ORAL COMMUNICATIONS - None COMMISSION AND STAFF BRIEFING Community Development Director Anderson gave an update on the green building program, noting that Vice Mayor Fredericks and Councilmember Berger have been added to the subcommittee. He stated that the Library is working on its expansion plans, with a presentation scheduled before the Town Council on March 5, 2008. PUBLIC HEARING 1. CONSIDER RECOMMENDATION TO THE TOWN COUNCIL FOR APPROVAL OF TEXT AMENDMENTS TO CHAPTER 16 OF THE TIBURON MUNICIPAL CODE (ZONING) FOR CHANGES TO THE NEIGHBORHOOD COMMERCIAL (NC) AND VILLAGE COMMERCIAL (VC) ZONING DISTRICTS; FILE NO. Z2008-02. Planning Manager Watrous reviewed the staff report for the project and said that the purpose of this meeting is for the Planning Commission to conduct the public hearing on the merits of a revised and scaled back application for recommendation to the Council. He summarized the history of the project and the changes which have been made which have resulted in the current three-lot project design. He described the issues discussed in the EIR Addendum and said that some remaining issues have to do with fine-tuning of the project, including establishment of building envelopes for each lot. He recommended that the Planning Commission hold public hearing on the item, consider testimony and TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13, 2008 MINUTES # 958 Page I adopt the draft resolution recommending conditional approval of the precise development plan to the Town Council. Chair Aguirre opened the public hearing. Scott Hochstrasser, project planner, introduced Architect Ken Kao and Civil Engineer Lee Oberkamper and gave a slide presentation of the project. He described the size of the proposed houses as transitional compared with the sizes and floor area ratios of surrounding properties. He said that they support staff s recommendations, but wanted to resolve several issues, as noted in their letter of February 11th. He asked for flexibility in locating the proposed public access easement that would go up to the Town's open space. He requested elimination of Mitigation Measure 3 .11.A.2, which would allow the public to use 4 guest parking spaces at the base of the trail, as they did not want this to be trail head parking and believe it would not be compatible with what the community wants and could cause enforcement issues. He said that although the applicant has said that they will offer the street to the Town, he felt that the Town will not accept it, which would put the homeowners in the interesting situation of having to enforce parking rules on private property. He believed that the general plan consistency analysis in the EIR Addendum should be amended to find that the project would be consistent with all applicable policies, noting the changes made to set the homes back from the secondary ridgeline on the site. He suggested changes to Condition of approval 7 in the draft resolution, recommending that planting be done after the landslide repair is done and before the houses are built. Ken Kao, architect for the project, summarized the project design, with changes to the design of the homes to reducing their mass and bulk. He said that they took visual cues from adjacent homes, created a 3D computer model, prepared mapping studies, walked the site with neighbors and marked the site with story poles to gauge key visual corridors. He presented the conceptual architecture, materials and colors, noting the reduced heights of retaining walls and showing how the project would look from other nearby homes. He described how the homes would cascade down the slope and would not block views. Commissioner Kunzweiler stated that the design team has done a good job in presenting conceptual designs but questioned what their intention was with these designs, as there is no assurance as to what would actually be built. Mr. Hochstrasser said that the draft resolution refers to these drawings as part of what would be approved for the precise development plan. Commissioner Kunzweiler asked and confirmed with the applicant his willingness to have binding CC&R's that would tie the approvals to these plans. He said that one of the key issues of this project has been its visual impact and although the revised project design would minimize this, different houses could be built within the general requirements in the resolution that would not minimize these impacts so well. Commissioner Fraser complimented the applicant, stating that the presentation visually represents a project that has a much greater appeal. He asked if the applicant would be TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13,2008 MINUTES # 958 Page 2 opposed to adding language in the resolution to ask the Design Review Board to focus specifically on the conceptual house plans. Mr. Hochstrasser responded that the applicant is committed to these plans. Commissioner Fraser said that the open space area did not seem like a lot and he felt the access was curious and the public would need some place to park. Mr. Hochstrasser responded that a public pedestrian access easement is proposed for the road, and they hoped hikers would park on the public streets. Commissioner O'Donnell referred to the 75,000 cubic yards of soil to be excavated and asked if this would affect the contours of the site. Civil engineer Lee Oberkamper showed section drawings through the hillside where excavation would occur and stated that there would be minor changes in contours, but essentially the same slopes. Commissioner O'Donnell asked how disruptive the process would be, stating that 75,000 cubic yards was equal to about 4,000 truckloads of dirt. Mr. Oberkamper said the excavation would not be done all at once. He said that they would start at the top, pull the material out, put the rock in, and put the material back in, step down to the next level and repeat the process. He said that there is not space on the site for a huge fleet of excavation equipment. Chair Aguirre asked how long the excavation would take. Mr. Oberkamper replied that it should take 4-6 weeks, depending on how much equipment is brought in. Commissioner Kunzweiler stated that there has been some question about the actual depth of the bedrock and asked how confident the applicant is that 75,000 cubic feet of grading is the correct estimate. Mr. Oberkamper said they have taken several test pits and test borings since the original estimation and he believed them to be very accurate. Commissioner Kunzweiler said that the downslope homeowners have been concerned about the dangers of landslides occurring during the construction process and he asked about the level of risk. Mr. Oberkamper said the work should be done in dry weather and once completed anyone sitting below the slide area will be in better shape than they are now with respect to soil stability. He said he has never seen slide areas move again once properly repaired and it occurs only when material only loses strength and moves during construction when it is wet. Chair Aguirre questioned and confirmed with the applicant that it was not the intent to clear the entire 30-foot trail easement leading up the Town's open space. Chair Aguirre asked for the applicant's thoughts on the request of some neighbors to require insurance against possible landslide damage. Mr. Hochstrasser stated that the Town requires subdivision improvement agreements which have bonding and performances and they believe this coverage would be adequate. TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13, 2008 MINUTES # 958 Page 3 Commissioner O'Donnell asked if the 17 foot tall retaining wall on Lot 3 would be visible from San Rafael Avenue and Tiburon Boulevard. Mr. Hochstrasser stated that only one piece of the wall in the back of the house would reach that height and it would not be visible from afar. Planning Manager Watrous stated that such a wall could be built within the building envelope, and added that the wall would drop down in height as it gets closer to the driveway. Toby Power stated that he was in general agreement with the plan but does not like the idea of public parking which would be 30 feet from their front door. He said that they have a private setting and this would radically change the neighborhood. Bill McClintock asked who would maintain drainage on the site. He felt that the 30 foot height limit for the two lower units seemed high and he suggested the heights be limited to 27 feet in accordance with the conceptual house plans. Community Development Director Anderson said any private drainage facilities on the property will be required to be maintained through deed restrictions or through joint maintenance conditions, and any public improvements would be maintained by the Town. Ann Gigounas thanked the applicant team for working with the neighbors. She said that she lives on the public street and she asked that signs not be installed which encourage people to walk up to the trail. She did not want the area in front of her house to be "parking central." Alan Littman said that he did not object to the 3 lot design, but feel that the lot is extremely steep and no one ever goes up to the adjacent open space, which is covered with French broom. He did not see the point of the trail easement and felt teenagers might access it and get into trouble or trespass onto his property. He also believed neighbors would be affected if signs were installed advertising the trail and asked that it not be included in the plan. Roy Little supported the project. He said that they were grateful for the landslide repair but concerned about the liability and potential of a landslide and who would be responsible if any damage occurred. He stated that insurance is available for landslides and felt it was worth asking for insurance or a surety bond. He concurred with Mr. Power's comments about the parking and asked that a better solution be provided. He also concurred with staff s recommendation for establishing building envelopes and asked that the resolution establish a width for the trail that would not be 30 feet wide. He asked that the screening planting take place immediately after the adjacent land has been cleared rather than after the landslide repair. He was pleased with the establishment of $25,000 fund for clean-up to properties asked for more detail as to how it would be disbursed. He also requested that there be no smoking on the site during the dry season when clearing is taking place. TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13,2008 MINUTES # 958 Page 4 Gordon Cousins said he was very impressed with the revised project design, but asked that the resolution state that the future house designs be consistent with the conceptual plans. He asked there not be any public vehicle access allowed past the turn-around and questioned whether the trail would be a benefit because open space is already accessible from Gilmartin Drive. Brian Bank said he supported the project and concurred with the need for landslide liability insurance, adding that it should also include provisions for fire protection and that no smoking provisions were important. He asked who would be responsible for maintenance of the public access and trail and agreed that more detail need to be provided regarding the $25,000 cleanup fund. John Gigounas asked that timeframes be established for construction operations limiting work to only 9 to 4 and not on weekends. The public hearing was closed. Commissioner Kunzweiler asked for an explanation of Town policy on providing connections to open space. Community Development Director Anderson said that the concept is embedded in the general plan that local access trails be provided when new development occurs contiguous to open space. He said that the trail is envisioned to be a 3-5 feet wide dirt path. He stated that it is unlikely to be used by crowds, as this is not a destination like the Ridge Trail. He said that the street extension is required to be offered for dedication up to the cul-de-sac and he would recommend to the Council that they accept that offer of dedication. He said that the intent of the parking spaces was not for public parking but to provid~ guest parking for the homes in the subdivision. Chair Aguirre said that to the extent the trail is intended for local use, public parking is somewhat inconsistent and the Town does not typically provide parking at any of its trail locations. Planning Manager Watrous said that the applicant's recommendation would be to delete Mitigation Measure 3.11, A.2 which states that the parking on the south side of the private access road across from the trail will be made available to the public. Commissioner Fraser said that the resolution could incorporate a recommendation to the Council that they accept the private road up to the cul-de-sac. He also recommended that the Commission try to encourage the required traffic improvements on Stony Hill Road and Gilmartin Road to be completed at the beginning of the project rather than later. Chair Aguirre requested comment from staff on the insurance/liability issue. Planning Manager Watrous said this was discussed with the Town Attorney, who had stated that the Town has never required an applicant to specifically require landslide insurance and the Attorney was not sure it was required of any local jurisdiction. Community Development Director Anderson added that there are protections in the subdivision improvement agreements and requirements that contractors have insurance. He noted that the slope of the site is due to previous landslides and that the condition of the site would be better after the repairs were completed. Responding to a question from Chair TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13,2008 MINUTES # 958 Page 5 Aguirre, he stated that this is not a particularly difficult or unusual site and that the Town is more concerned about erosion during construction that would cause mud to flow into neighboring homes. Commissioner Praser stated that before making a recommendation to the Town Council the open space issue needs to be resolved. He questioned whether there was a need for the trail and asked for clarity on the issue. He said that the Town should be definitive about the building envelopes. He said that it would be beneficial to implement traffic measures now as opposed to afterwards. He recommended tightening up the language for the Design Review Board that the renderings provide guidelines for future homes. Commissioner O'Donnell stated that he would eliminate the parking spaces at the end of the new road. He believed that the public trail should be required and that it would have little impact on the neighbors. He noted that eliminating the parking spaces beyond the cul-de-sac would push public parking down toward Lot 3. He supported the 3-10t project design but expressed concern with the size of the home for Lot 3, as it would be almost 7,000 square feet with the garage. Although he understood that the applicant feels a large home is needed to recoup the investment, he suggested the house be made slightly smaller. Regarding the timing of planting required landscaping, he believed it would be hard to grow anything in the area until normalcy returns to the site. Commissioner Kunzweiler believed that good progress had been made and the project is going in the right direction. He agreed with the need to eliminate the parking spaces beyond the cul-de-sac, but questioned whether these spaces were required for the homes or for the public. He stated that many people have worked hard to create a trail network and he did not want to eliminate pieces of the network. He thought the trail would not be heavily traveled and perhaps over time it would not be a big issue. He stated that protocols are needed for the clean-up fund, including when to dip into the fund and priorities for cleaning. He stated that the applicant has gone to great expense to provide nice conceptual designs and the Commission needs to be strict in the wording in terms of the appearance of the houses, design concepts, colors and footprints, as changes could ripple through the overall project. He was unsure whether the building envelopes should allow 10 feet of area beyond the building footprints, as a 10 foot movement of a house might result in other visual impacts, particularly with the 1 7 foot retaining wall on Lot 3. He wanted to make sure that the house designs would be reflected by the actual homes which are built. He thought that a fair case had been made by the applicant for the size of the houses, as it is in a transitional neighborhood and there are very large houses along Gilmartin Drive. However, he felt that the homes were somewhat tall and suggested giving direction to the Design Review Board to have a goal of heights of 25 feet and not to exceed 30 feet. He also had some minor edit changes in the resolution which he agreed to provide to staff. Chair Aguirre said that the Planning Commission had previously sent the message that five houses do not make sense on this site, and he felt that the revised project design merited the Commission's support. He agrees with Commissioner Kunzweiler about being faithful to the open space principles in the general plan and preserving the trail. He TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 13,2008 MINUTES # 958 Page 6 felt that the parking spaces are needed but do not need to be made open to the public. He said that he was not concerned about the size of the home of Lot 3, which fits with the surroundings and did not feel unreasonable. He said that there is a section on the site where plantings could occur to protect the properties on the northeast side without affecting the project. He agreed that more details are needed regarding the clean-up fund. He agreed that the resolution needed to be very clear that the plan is being recommended on the basis of the architectural design concepts put forth by the applicant. He expressed confidence in having the Design Review Board deal with the height of the homes. He supported restricting the building envelopes as small changes could affect view corridors and privacy. He acknowledged that some leeway was needed in the size of the building envelopes, but felt that 10 feet may be too much. He supported approval of a 3-10t plan that looks like what the one proposed by the applicant, subject to addressing the issues raised. Community Development Director Anderson agreed there was support for the resolution, but that staff would need time to finalize the resolution and mitigation monitoring program and return with it at the next meeting. Planning Manager Watrous summarized the consensus of the Planning Commission for more detail be provided for clean-up fund and how it is to be allocated; adding language that would tie the conceptual designs of the project to what will be presented to the Design Review Board, and deleting the mitigation measure requiring the public parking below the trail. Chair Aguirre suggested that the Commission give direction to the Design Review Board to be mindful of views when reviewing applications for the homes on the site. Planning Manager Watrous noted that there was a suggestion for planting the screening landscaping in areas once work and/or clearing in the area has been done. Chair Aguirre preferred leaving the parking spaces in but not allow them to be used, and the majority of the Commission agreed, except for Commissioner O'Donnell. Commissioner Fraser asked about traffic mitigations and Director Anderson said that typically street improvements would be folded in and made part of the subdivision improvements and would occur at the end of construction, although it may be possible to do some of the Stony Hill improvements earlier. Commissioner Fraser suggested that the resolution recommend that these improvements be done earlier in the process and indicate that the Planning Commission supports acceptance of the street dedication through the end of the cul-de-sac. Planning Manager Watrous recommended the Planning Commission continue the public hearing to the next meeting on February 2ih and staff will revise and finalize the resolution. Mr. Hochstrasser requested the Commission to take a straw vote on the project, accept the Addendum to the EIR, accept the project as proposed, close the public hearing and bring the resolution back which would give them assurance that the project would not be continued again. Community Development Director Anderson said that the Planning TIBlJRON PLANNING COMMISSION MINlJTES-FEBRlJARY 13,2008 MINUTES # 958 Page 7 Commission has indicated its support of the project, but staff cannot have a resolution ready to adopt this evening. He said the Commission could limit any comment at the next meeting to the resolution only. ACTION: It was MIS Fraser/O'Donnell to continue the hearing to the February 27,2008 meeting and limit the discussion to the points in the resolution. Vote: 4-0. 2. GREEN BUILDING PROGRAM REGULATIONS: CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ADOPT MUNICIPAL CODE AMENDMENTS TO CHAPTER 13 (BUILDING) AND CHAPTER 16 (ZONING) AND TAKE RELATED ACTIONS TO ADOPT GREEN BUILDING AND ENERGY EFFICIENCY REGULATIONS AND ADOPT ADDITIONAL ZONING TEXT AMENDMENTS RELATED TO REMODELS AND WIRELESS COMMUNICATION FACILITY PERMIT DURATIONS Continued without Discussion until February 13, 2008 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of January 23, 2008 Commissioner Kunzweiler requested the following amendment: . Page 5, paragraph 2, line 3, replace "extinctions" with "distinctions." ACTION: It was M/S (Fraser/Kunzweiler) to approve the Planning Commission Minutes of the Regular Meeting of January 23, 2008, as amended. Vote: 5-0. ADJOURNMENT The Planning Commission adjourned the meeting at 9:30 p.m. AL AGUIRRE, CHAIRMAN ATTEST: DAN WATROUS, SECRETARY TlBURON PLANNING COMMISSION MINUTES-FEBRUARY 13, 2008 MINUTES # 958 Page 8 TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting - 7:30 PM February 27, 2008 D I ~I'- ,...../~~ ...~~.r ACTION MINUTES CALL TO ORDER AND ROLL CALL 7:30 PM Present: Vice Chairman O'Donnell, Commissioner Fraser, Commissioner Kunzweiler Absent: Chairman Aquirre ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. There Were None COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. END OF STONY HILL ROAD: CONSIDER RECOMMENDATION TO THE TOWN COUNCIL FOR APPROVAL OF THE LING PRECISE DEVELOPMENT PLAN (PO #24) TO CREATE THREE BUILDING SITES ON A 5.6 ACRE PARCEL; Joe Ling, et.a!., Owners and Applicants; Assessor's Parcel No. 055-261-10 Recommended AlJlJroval to Town Council (3-0) 2. 46 MAIN STREET: PROPOSAL TO ALLOW SERVING OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT AN EXISTING ART GALLERY (THE ART BAR MOLINAR); CONDITIONAL USE PERMIT #10801; Main Street Properties, Owner; Deborah Molinar, Applicant; Assessor's Parcel Number 059-102-19 AlJlJroved (3-0) 3. 2306 MAR EAST STREET: CONSIDER REQUEST TO EXPAND A FIXED PIER AND DECK; CONDITIONAL USE PERMIT #10802; Magdalena Yesil, Owner; W.B. Action Minutes - Planning Commission Meeting February 27, 2008 Clausen Structural Engineering, Consultants, Applicant; Assessor's Parcel Number 059-400-04 Continued to March 12, 2008 MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of February 13, 2007 Approved as Amended (3-0) ADJOURNMENT 8:25 PM a022708 DESIGN REVIEW BOARD AGENDA I'. DIG~ ,Sr TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DATE: 3/6/08 MEETING TIME 7:00 P.M. AGENDA NO.: #3 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Board meeting, will be available for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. A. ROLL CALL: Chair Doyle, Boardmembers Corcoran, Frymier and Glassner B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 2. 3. 8 Audrey Court 949 Tiburon Blvd. Hoppe New DwellingNariances/Floor Area Exception CONTINUED TO 3/20/08 Goldman AdditionsN ariance/Floor Area Exception ZhangN elasco New Dwelling 1. 85 East View Ave. E. NEW BUSINESS BEFORE THE BOARD 4. 8 Egret Court Carrier New Dwelling/Floor Area Exception 5. Potential Amendment to the Hillside Design Guidelines for "Borrowed Views" F. APPROV AL OF MINUTES #2 OF THE 2/7/08 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** Page 1 of 1 ~. Scott Anderson From: Lynn Skillings Sent: Thursday, February 28, 2008 4:29 PM To: Nicholas Nguyen; Scott Anderson Subject: FW: Marin County Workshop on Richardson Bay TMDLs lJIG~ ,Sr FYI From: Kennelly, Mary [mailto:MKennelly@co.marin.ca.us] Sent: Thursday, February 28, 20084:10 PM To: Lynn Skillings Subject: Marin County Workshop on Richardson Bay TMDLs To Whom It May Concern: Attached is an invitation from the Marin County Community Development Agency to take part in a workshop regarding the proposed Total Maximum Daily Load standards that were recently issued by the Regional Water Quality Control Board. The workshop will be held on Wednesday, March 12, 2008, between 2 and 4 p.m. at the Marin Center Exhibition Hall (Friends of Marin Center Conference Room) in San Rafael. The workshop is intended for agency representatives and marina owners who are potentially affected by the proposed standards. Please keep in mind this is not a public hearing and space is limited within the meeting venue. Mary Kennelly, Secretary (415) 473-4302 On behalf of Brian Crawford, Assistant Director Marin County Community Development Agency Email Disclaimer: http://www.co.marin .ca. us/nav /misc/EmailDisclaimer .cfm 2/29/2008 Pathogens in Richardson Bay Total Maximum Daily Load (TMDL) Staff Report and Proposed Basin Plan Amendment Farhad Ghodrati California Regional Water Quality Control Board San Francisco Bay Region February 2008 San Francisco Bay Regional Water Quality Control Board 1515 Clay Street, Suite 1400 Oakland, CA 94612 Phone: 510-622-2300 Fax: 510-622-2460 www.waterboards.ca.qov/sanfranciscobav/index.htm MARIN COUNTY COMMUNITY DEVELOPMENT AGENCY WORKSHOP TOTAL MAXIMUM DAILY LOAD FOR PATHOGENS IN RICHARDSON BAY At the request of Supervisor Charles McGlashan, the Marin County Community Development Agency will be hosting a workshop regarding the proposed TMDL standards for Richardson Bay that were recently issued by the California Regional Water Quality Control Board (amendment to Water Quality Control Plan for the Basin Plan). The workshop is intended to provide stakeholders with an opportunity to discuss implications arising from the proposed standards in the interest of facilitating a County response to the State. When: March 12,2008 (Wednesday) 2:00 - 4:00 p.m. Where: Marin Center Exhibition Hall - Friends of Marin Center Conference Room 10 Avenue of the Flags, San Rafael (Adjacent to Marin Veterans Memorial Auditorium) Please RSVP no later than Monday, March 10, 2008 to Mary Kennelly at 415-499-4302 or mkennelly@co.marin.ca.us I Please note this is not a public hearing 1 (Space is limited within the meeting venue) I Ii ! Visit http://www.co.marin.ca.us/depts/CU/Main/mc/mc_ directions.cfm ?mHd=3 ~ for directi~~~ to Marin Center . ~ Pathogens in Richardson Bay TMDL Staff Report TABLE OF CONTENTS LIST OF FIGU RES ........................................................... ............ ..... .......... .... ............. ................................11 LIST OF TABLES. .... .... ....... .... ...... ..... .......... .... ..... ........... .................... ....... .... ......... ....................................11 1. INTRODUCTION....... ........ ...................................... .............. .......... .................... ................... ...... ....... .......1 2. BACKGROU N D ...... ....... .......... ......... .................. .......... ........ ..................... ............... ......... ......... ...... ........ 4 2.1 RICHARDSON BAy................................................................................................................................. 4 2.2 WILDLIFE RESOURCES................... .......... ........ ........... .......... ................. .................... ...........................4 2.3 RECREATIONAL AND COMMERCIAL VESSELS........................................................................................... 6 2.4 RESIDENTIAL VESSELS AND FLOATING STRUCTURES ....... .... ..... .................. ............................... ............. 6 2.5 RICHARDSON BAY SPECIAL AREA PLAN AND THE RICHARDSON BAY REGIONAL AGENCy.......................... 6 2.6 No VESSEL WASTE DISCHARGE AREA ...................................................................................................7 3. PROJ ECT DEFINITION....... ........................ ..................... ........ .......... ....... ......... ......... ........ ....... .... ..........8 3.1 PROBLEM STATEMENT........... ................... .......... ....... ...................................... ......................................8 3.2 PROJECT DEFINITION............................................................................................................................ 8 4. WATER QUALITY STANDARDS AND MONITORING RESULTS .......................................................10 4.1 USE OF FECAL COLIFORM BACTERIA AS INDICATORS OF PATHOGENS .................................................... 10 4.2 WATER QUALITY STANDARDS.............. ............ ........ ........... ........... .............. ................... .......... ........... 11 4.3 U.S. EPA ENTEROCOCCI STANDARDS................................................................................................. 12 4.4 HISTORICAL BACTERIAL MONITORING STUDIES.....................................................................................13 4.5 RECENT BACTERIAL MONITORING DATA............................................................................................... 14 4.6 RICHARDSON BAY REGIONAL AGENCY (RBRA) MONITORING DATA....................................................... 15 4.7 CONCLUSiON......... ...... .................. .... ................. .... .................... .............................................. .......... 16 5. N U M ERIC TARGETS.............. ...... .... .......... ...................... ....... ...... ................... ......... ................. ........... 26 5.1 NUMERIC TARGETS...... .......... ........................... .................... .......... ....... ......... ................. ................... 26 6. POLLUTANT SOURCE ASSESSMENT .................................................................. ................. .............27 6.1 OVERViEW........ .... ......................... ................... ........ ........ ..................................................................27 6.2 SANITARY SEWER SySTEMS........... ................. .......... ......... .................. ........ ................ ............... ........ 27 6.3 STORMWA TER RUNOFF ....................................................................................................................... 28 6.4 HOUSEBOATS...................................................................................................................................... 30 6.5 VESSELS (RECREATIONAL, LIVE-ABOARD, AND ANCHOR-OUT BOATS) .................................................... 32 6.6 WiLDLIFE.................... ................. .... ....................... .................. ..................... ............ ..... ...... ........ ...... 32 7 . TOTAL MAXIMUM DAILY LOAD AND LOAD ALLOCATIONS ........................................................... 34 7.1 GENERAL ApPROACH.......................................................................................................................... 34 7.2 PROPOSED TOTAL MAXIMUM DAILY LOAD.............. ........... ............. ........ .... ....... ................. ....... ............ 34 7.3 PROPOSED LOAD ALLOCATIONS........................ ......................... ......... ................................................. 35 7.4 MARGIN OF SAFETY............................................................................................................................. 36 7.5 SEASONAL VARIATION.. ........ ............................ ....... .................. ..... ............. ..... ..... ...... ........ .......... ......36 8. LINKAGE BETWEEN WATER QUALITY TARGETS AND POLLUTANT SOURCES........................ 37 9. IMPLEMENTATION PLAN.. ....... .......... .............................. .......... ......... ...... ............ ..... ..........................38 9.1 OVERVIEW. ............................ ........ ...... ................................................ .... .... .......................................38 9.2 LEGAL AUTHORITIES AND REqUiREMENTS............................................................................................ 38 9.3 PLANS & POLICIES IN THE RICHARDSON BAY WATERSHED ....................................................................39 9.4 ACTIONS TO REDUCE PATHOGENS IN RICHARDSON BAY... ............ ............... ......... ................ ..... ...........43 9.5 EVALUATING PROGRESS TOWARDS ATTAINING IMPLEMENTATION GOALS ...............................................49 February 2008 Pathogens in Richardson Bay TM DL Staff Report 10. MONITORING AND EVALUATION PROGRAM.................................................................................. 50 10.1 OVERViEW...... .... ....................... ......... ............ ............. ........ ........ ......... ............................................50 10.2 WATER QUALITY MONITORING................ ............ .......... ........... ...................................... .................... 50 1 0.3 DATA MANAGEMENT AND EVALUATION............................................................................................... 52 10.4 ADAPTIVE IMPLEMENTATION................... .......... ............... .......... ........................... .............................. 52 11. REGULATORY ANALYSES ............................................. ................................................................... 53 11.1. ENVIRONMENTAL IMPACT ANALYSIS .................................................................................................. 53 11.2. PROJECT DESCRIPTION. ............... ........... .... ..... ............. ........... .......................... ........................ ......54 11.3. PROJECT OBJECTIVES ................ ............ ..... ................... ......... ........................................... ......... ..... 55 11.4. REASONABLY FORESEEABLE METHODS OF COMPLIANCE................................................................... 55 11.5. ENVIRONMENTAL CHECKLiST........... ........ ........... ............. ......... ................... ...... ...............................57 11.6. ALTERNATIVES ANALYSIS ......................... ............ ............ ........................... .....................................80 11.7. ECONOMIC CONSiDERATIONS.................. ........... ...................... ............................ ........ .................... 81 12. REFERENCES ..... ... ..... .... ... ............... ...... ........... ....... ........ .......... .......... ............ ..... ............. ..... ...... ......88 APPENDIX A: PROPOSED BASIN PLAN AMENDMENT FIGURE 1. FIGURE 2. FIGURE 3A. FIGURE 3B. FIGURE 4. FIGURE 5. FIGURE 6. FIGURE 7. TABLE 1. TABLE 2. TABLE 3. TABLE 4. TABLE 5. TABLE 6. TABLE 7. TABLE 8. TABLE 9. TABLE 10. TABLE 11. TABLE 12. TABLE 13. TABLE 14. TABLE 15 TABLE 16. TABLE 17. February 2008 LIST OF FIGURES RICHARDSON BAy...................................................................................................................... 3 HISTORIC SHELLFISH BED LOCATIONS IN RICHARDSON BAy........................................................ 5 RICHARDSON BAY WATER QUALITY MONITORING STATIONS ..... ................ ................................. 17 RICHARDSON BAY WATER QUALITY MONITORING STATIONS ......................................................18 SUMMARY OF FECAL COLIFORM DATA FOR RICHARDSON BAY (1994-2003) ............................... 20 RICHARDSON BAY FECAL COLIFORM MONITORING DATA (SUMMER 2006 VS. WINTER 2007) ......25 RICHARDSON BAY LAND USE MAP...... ............ ............................. ..................... ...... ..... ............. 29 HOUSEBOAT MARINAS IN RICHARDSON BAY.. ...... ....... .............. ............................... .................. 31 LIST OF TABLES BENEFICIAL USES OF RICHARDSON BAY RELEVANT TO PATHOGENS TMDL................................ 11 BASIN PLAN'S WATER QUALITY OBJECTIVES FOR FECAL COLIFORM BACTERIA ..........................12 SUMMARY OF FECAL COLIFORM MONITORING RESULTS FOR RICHARDSON BAY (1994-2003) .....19 RICHARDSON BAY FECAL COLIFORM MONITORING DATA (SUMMER 2006).................................. 21 RICHARDSON BAY FECAL COLIFORM MONITORING DATA (WINTER 2007) ................................... 22 RICHARDSON BAY FECAL COLIFORM MONITORING DATA (SUMMER 2006 VS. WINTER 2007) ......23 RICHARDSON BAY REGIONAL AGENCY'S WATER QUALITY MONITORING DATA (SUMMER 2004, 2005, 2006) ....... ............ ..... .......... ................................ .................... ........... 24 NUMERIC TARGETS FOR RICHARDSON BAY. ................. .... ................ ....... ....... ................ ........... 26 SEWAGE COLLECTION AGENCIES SERVING RICHARDSON BAY MUNiCiPALITIES........................... 28 RICHARDSON BAY BOAT MARINAS .................... ......... .................... ............. ................... ...........33 TOTAL MAXIMUM DAILY LOADS OF PATHOGEN INDICATORS FOR RICHARDSON BAy..................... 35 DENSITY-BASED POLLUTANT WASTE LOAD AND LOAD ALLOCATIONS FOR RICHARDSON BAy........ 35 PROPOSED WATER BOARD IMPLEMENTATION ACTIONS TO REDUCE PATHOGEN LOADING ..........43 PROPOSED IMPLEMENTATION ACTIONS TO REDUCE PATHOGEN LOADING FROM SANITARY SEWER SYSTEMS .. ..... ...... ...... ......... ... ....... .... ... ... ............. .... ................. .........44 PROPOSED IMPLEMENTATION ACTIONS TO REDUCE PATHOGEN LOADING FROM STORMWA TER RUNOFF................................................................................................... 44 PROPOSED IMPLEMENTATION ACTIONS TO REDUCE PATHOGEN LOADING FROM HOUSEBOATS................................................................................................................. 45 PROPOSED IMPLEMENTATION ACTIONS TO REDUCE PATHOGEN LOADING FROM VESSELS (RECREATIONAL, L1VE-ABOARDS, ANCHOR-OUT BOATS) ............................................................46 11 Pathogens in Richardson Bay TMDL Staff Report TABLE 18. CONSTITUENT, LOCATION, FREQUENCY, SAMPLING ENTITIES FOR WATER QUALITY MONITORING........................................................................................................................ ...51 TABLE 19. IMPLEMENTATION PLAN REQUIREMENTS EVALUATED IN THIS CEQA ANALYSIS ........................... 56 TABLE 20 RICHARDSON BAY IMPLEMENTATION ACTIONS AND ESTIMATED COSTS....................................... 82 February 2008 111 Pathogens in Richardson Bay TMDL Staff Report 1. INTRODUCTION This Staff Report presents the supporting documentation for a proposed Basin Plan amendment that will be considered by the California Regional Water Quality Control Board, San Francisco Bay Region (Water Board) that establishes a Total Maximum Daily Load (TMDL) and implementation plan for Pathogens in Richardson Bay. The TMDL is based on attainment of pathogen indicator 1 (i.e., fecal coliform) concentrations protective of shellfish harvesting and water contact recreation. This report contains the results of analyses of pathogen impairment assessments, sources and loadings, linkage analyses, proposed pathogen indicator load reductions, and implementation actions. The Clean Water Act requires California to adopt and enforce water quality standards to protect all waterbodies within the San Francisco Bay Region. The Water Quality Control Plan for the San Francisco Bay Region (Basin Plan) delineates these standards, which include beneficial uses of waters in the Region, numeric and narrative water quality objectives to protect those uses, and provisions to enhance and protect existing water quality (antidegradation). Section 303(d) of the Clean Water Act requires states to compile a list of "impaired" water bodies that do not meet water quality standards and to establish a TMDL for the pollutant that causes impairment. The proposed TMDL and implementation plan are designed to resolve Pathogen impairment in Richardson Bay. The Richardson Bay pathogens TMDL also encompasses and addresses the pathogens impairment at another 303 (d)-listed waterbody, the Schoonmaker Beach. Therefore, there will be no need for completing a separate TMDL for this impaired waterbody. This report provides the rationale and the technical basis for the required TMDL elements and associated implementation plan. This report meets the requirements of the California Environmental Quality Act (CEQA), including the preparation of a checklist (Section 11) for adopting Basin Plan amendments and serves in its entirety as a substitute CEQA environmental document. The process for establishing a TMDL includes compiling and considering available data and information, conducting appropriate analyses relevant to defining the impairment problem, identifying sources, and allocating responsibility for actions to resolve the impairment. This report is organized into sections that reflect background information, the key elements of the TMDL process, and regulatory analyses required to adopt the amendment. 1 The direct detection and measurement of pathogens in ambient waters is not practicable due to high cost, time, equipment, the need for highly skilled laboratory personnel, and other considerations. A class of non-pathogenic indicator organisms (bacteria) called fecal coliform is therefore commonly used to indicate the presence and assess the magnitude of human fecal pathogenic microorganisms in the environment. Fecal coliforms live and reproduce in the intestinal tracts of all warm-blooded animals (including humans) and are abundantly found in the waste of all warm-blooded animals .The presence of fecal coliform in a water sample indicates the possible presence of pathogens that originate from feces. For more discussion, please refer to Section 3. February 2008 Pathogens in Richardson Bay TMDL Staff Report 'In addition, the scientific basis of the Basin Plan amendment was subjected to external scientific peer review. This step is required under 957004 of the Health and Safety Code, which specifies that an external review is required for work products that serve as the basis for a rule, ".. .establishing a regulatory level, standard, or other requirements for the protection of public health or the environment." The scientific basis of the Richardson Bay Pathogens TMDL, as presented in the Staff Report, was evaluated by two peer reviewers whose comments were considered in finalizing this staff report and the proposed Basin Plan Amendment. Section 2 presents the background information about the physical setting of Richardson Bay, wildlife resources, and main uses and jurisdictions. Section 3 presents the problem definition that the project is based on and defines the project, why it is necessary and its objectives. Section 4 includes the applicable water quality standards as well as the results of the historic and recent bacterial water quality studies in Richardson Bay. Section 5 presents the proposed numeric targets. Section 6 provides our understanding of the potential sources of loading of Pathogens to the Bay. Section 7 presents the proposed TMDL and the allocations of the TMDL to categorical sources. Section 8 presents the linkage analysis which describes the relationship between pathogens sources, load allocations, and the proposed targets. Section 9 presents the Implementation Plan which includes actions and requirements deemed necessary to resolve the pathogens impairment. Section 10 specifies monitoring activities to demonstrate attainment of numeric targets. It also presents an adaptive implementation strategy to review implementation progress and to evaluate any new information generated and/or needed, which may lead to improved implementation actions, and refinement of the TMDL, the numeric targets or the water quality standards in the future. Section 11 presents the results of CEQA analyses including an environmental impact assessment, an evaluation of alternatives to the proposed Basin Plan amendment, and economic considerations. Chapter 12, References, lists all the information sources cited and relied upon in preparation of this report. The proposed Basin Plan amendment is contained in Appendix A. February 2008 2 t= o Q. CJ) 0:: It: C'G ... en ..J c :E I- ~ C'G m c o fn "E C'G J: CJ ii: c .- fn C CJ) en o J: ... C'G D.. ~ C'G m c o fn "E C'G J: CJ ii: ~ ! ~ en u: J I I I I I . . I . I , I ~ I I I J it it,l ill I II J I ii' j,~~11 · I I k).. ('I') 00 o o C'\I ~ ro :J L... .0 Q) LL Paul Albritton Chair Sausalito Larry Chu Vice Chair Larkspur Judy Arnold Marin County Board of Supervisors Greg Brockbank San Rafael Bill Cahill Ross John Dupar Corte Madera Pat Eklund Novato Judy House San Anselmo Jeff SIavitz Tiburon John Telischak Belvedere Lew Tremaine Fairfax Ken Wachtel Mill Valley D\GEST (Of") 'J: ~JO~:,V;" "t- (\J'v"- C " \._J Joint Powers Authority ov. ersight Committee ~1' .... 3501 Civic Center Dr. - Room 329 · San Rafael, CA 94903 RECEIVED FES 2 2 2008 RECEIVED FES 2 0 2008 February 15, 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON MARIN COUNTY PUBLIC WORKS Jeff Rawles Marin Hazardous & Solid Waste JPA P.O. Box 4186 San Rafael, CA 94913 Dear Mr. Rawles, Thank you for taking the time to meet with the JPA Oversight Committee back on November 1, 2007. The Committee meets bi- monthly and the meeting on January 3rd was postponed to February 7th due to the holidays, so I apologize for the delay in our follow-up. Enclosed is a copy of our report which is compiled from your responses to our questionnaire and from your presentation. If you have any questions regarding this report or have an issue you would like to discuss with the Committee, don't hesitate to contact me bye-mail (LChu@larkspurcityhall.org) or by phone (591-2737). Otherwise we look forward to meeting with you again about this time next year. Sincerely, iu-CL Larry Chu Vice-Chair MCCMC JPA Oversight Committee CC: Debra Stutsman Chair, Marin Hazardous & Solid Waste JPA Marin County Council of Mayors and Councilmembers Paul Albritton Chair Sausalito Larry Chu Vice Chair Larkspur Judy Arnold Marin County Board of Supervisors Greg Brockbank San Rafael Bill Cahill Ross John Dupar Corte Madera Pat Eklund Novato Judy House San Anselmo Jeff Slavitz Tiburon John Telischak Belvedere Lew Tremaine Fairfax Ken Wachtel Mill Valley '~J 1::.-, .... ,...._". ~. --:- Joinf'Powers Authority Oversight Committee 3501 Civic Center Dr. - Room 329 San Rafael, CA 94903 Report on Marin Hazardous and Solid Waste JPA I nterviewed on November 1, 2007 Approved February 7, 2008 Survey Answered: All of the questions for the Marin Hazardous and Solid Waste JPA were answered and requested documents provided by Program Manager Jeff Rawles. . Governing Structure - Board of Directors (administration & management of Authority affairs) representing the County of Marin and eleven cities and towns within Marin County with one appointed official from each of the member agencies who may be either staff or an elected official. Executive Committee (day-to-day administration) consists of a Chair" Vice-Chair, and, board members from County of Marin, San Rafael, and Novato. Citizen and industry review is provided by the AB 939 Local Task Force. . Purpose of JPA - To provide household hazardous waste collection, recycling and disposal information, and to ensure Marin's compliance with the California Integrated Waste Management Act of 1989 (AB 939). . Terms and Scope of Authority - Joint Powers Agreement (July 1996). Pursuant to 5.1 of the JPA agreement, the Authority has contracted with the Marin County Department of Public Works to provide administrative support including preparing an annual report to the State on the hazardous and solid waste programs for the 11 Cities and County. The Authority has contracted with the City of San Rafael for the Household Hazardous Waste management services for 10 cities (excluding the City of Novato) and the County. The Novato Sanitary District handles the Household Hazardous Waste program for the City of Novato and unincorporated Novato area. . Financial Statements, Budget, and Audit - Last audit was for the fiscal year ending June 30, 2006. Budget of $331,253 for administrative expenses and recycling outreach, and $1,314,878 for Household Hazardous Waste Collection Agreement in 2007-08. Funded by disposal fees charged to solid waste haulers and facilities operators. . Compliance with Brown Act - yes . Interactions with Other JPAs and/or Agencies - none Current Issues and Risks: Marin County Council of Mayors and Councilmembers Marin Hazardous and Solid Waste J P A November 1, 2007 Page 2 of 3 AS 939 established an integrated waste management hierarchy in the following order of importance: . Source reduction . Recycling and composting . Environmentally safe transformation and land disposal of solid wastes Marin County has a recovery rate of about 760/0, one of the highest levels in the State. The original goal set in 2000 was to achieve a 500/0 rate. Marin Recycle Center current rate is in the range of 750/0-780/0. Even with the high recovery rates, there is still more waste going into the landfill than 10 years ago. Only so much can be done with curbside pick-up. There is room for improvement. This can be achieved with construction to demolition conversion ordinances and polystyrene ordinances. The JPA would like to explore composting, but a facility is needed in Marin. The public wants more information, especially since the release of An Inconvenient Truth in 2006. There is a lot of public information, but not enough outreach. The public is generally unaware of the activities and function of the JPA. The JPA is in the midst of several policy discussions. . Should organic waste be kept out of the landfill? . Can methane be recaptured? . Does green waste get prohibited in Alternate Daily Cover (material placed on the surface of a landfill at the end of day to control vectors, fires, odors, blowing litter, scavenging, etc.)? . What is the plan to deal with waste in 15 years (under current permit, Redwood Landfill is to close in 2024)? In particular, the future of the Redwood Landfill has been the topic of considerable amount of discussion. Several groups have been advocating for a Zero Waste plan and would like to move towards the eventual closure of the facility. Discussions at meetings have been dominated by debates about Zero Waste and the JPA's identity and program. The volume public records requests by these groups has been onerous on staff time. They are also asking to increase the number of representatives from environmental organizations on the AS 939 Local Task Force from one to three members. Marin Hazardous and Solid Waste JPA November 1, 2007 Page 3 of 3 Recommendations: 1. The current composition of the AS 939 Local Task Force already provides for a balance of different interests, constituencies, and viewpoints. The Executive Committee should continue to only appoint one member from an environmental organization to the Task Force. Increased participation by these groups can still be achieved through an appointment as a geographical representative, or thfough their association with the special districts or service providers. (NOTE: Due to the timing of the interviews for the Task Force, the Committee sent a letter to the JPA on November 2,2007 making this recommendation. The JPA Board felt it was appropriate to expand the Task Force to add two additional seats for representatives from environmental organizations. The Committee supports this decision.) 2. The JPA has no legislative authority and therefore should stay within the narrow mandates of AS 939. The agenda should stay focused on these types of issues. Meetings should be run like council meetings where members of the public can make comments, but are limited three minutes, at designated time for public comments, and only on the specific issue on that part of the agenda. 3. Encourage environmental groups to be more involved at the municipal level where there is a greater community impact. For example, the City of Sausalito has a Sustainability Commission with committees set up to plan and promote recycling, reuse, and the reduction of waste. 4. To increase the public outreach, the Board may want to consider using the managers as public information officers to disseminate information from the Program Manager down to local residents. A more formalized process involving the managers would seem like a natural part of the reporting that is already being done within each community. Contact Information: Jeff Rawles Program Manager Marin Hazardous and Solid Waste JPA P.O. Box 4186 San Rafael, CA 94913 Phone: 415-499-6548 Fax: 415-446-7373 E-Mail: JRawles@co.marin.ca.us Website: www.marinrecycles.org DIGEST AGENDA FOR MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MARIN COUNTY BOARD OF SUPERVISORS Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, March 4, 2008 Board of Supervisors Chambers, Room 330, Civic Center 9:00 a.m. Convene as the Marin County Housina Authority Board of Commissioners 1a. Approval of minutes of the meeting of January 14, 2008. 1 b. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1 c. Board of Commissioners' matters. 1 d. Executive Director's Report. 1 e. Request to establish ad-hoc committee to guide the community process for developing options to address the agency deficit. Recommended actions: Approve. 1 f. Authorize Executive Director to execute agreement with the County of Marin, in the amount of $669,783, to provide support for the Shelter Plus Care Program to assist homeless mental health clients in obtaining housing and support services. Recommended action: Approve. 1 g. Authorize Executive Director to execute agreement with the County of Marin, in the amount of $85,000, to provide ten (10) rental subsidies to formerly homeless and mentally ill participants. Recommended action: Approve. ~ fI ---- ..... .... ..... - ~ rj All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at 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. ... 1 h. Authorize the Executive Director to take actions necessary to exercise option to purchase a Below Market Rate ("BMR") property in San Rafael, for the current BMR value of $332,550, using interim funds provided by the City of San Rafael, to retain the property in the BMR program. (APN 011-310-11) Recommended actions: Authorize Executive Director to (i) exercise the Option to Purchase BMR Property and execute required documents; (ii) take necessary steps to borrow the interim funds; and (iii) approve related actions as detailed in staff report dated March 4, 2008. 1 i. Authorize the Executive Director to take actions necessary to exercise option to purchase a Below Market Rate ("BMR") property in Marin City, for the current BMR value of $248,057, to retain the property in the BMR program. (APN 052-520-16) Recommended actions: Authorize Executive Director to (i) exercise the Option to Purchase BMR Property and execute required documents; (ii) take necessary steps to borrow the interim funds; and (iii) approve related actions as detailed in staff report dated March 4, 2008. . Adiourn as the Marin County Housina Authority Board of Commissioners 10:00 a.m. Convene as the Board of Supervisors 2. Presentation of "Employee of the Month" Award, February 2008, to Laney Morgado of the Department of Public Works. 3. Approval of minutes of the meeting of February 5, 2008. 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-13) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 8. Consent Calendar B (Items CB-1 through CB-5) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 9. Report from the Department of Public Works on the first quarter results of the Green Commute Program and proposed incorporation of County Extra Hire employees in the program. Recommended actions: Accept report and approve inclusion of extra hire employees in the program. Marin County BOS Agenda 2 3/04/2008 10. Report from the Department of Public Works regarding the Federal Emergency Management Agency ("FEMA") Map Modernization Program and changes to the County Special Flood Hazard Areas ("SHFA"). Recommended action: Accept report. . 11. Supervisor Adams requesting resolution proclaiming the week of March 1-7, 2008, as "National Weights and Measures Week", and requesting resolutions commending the Marin County Weights and Measures program staff for their contributions to fair, equitable, and transparent business transactions. 12. Informational update from the Agricultural Commissioner regarding the Light Brown Apple Moth ("LBAM"). Recommended action: Receive verbal report. 13. Request from the Human Resources Department to approve the establishment of the classification of Environmental Compliance Specialist (Class #1135), effective March 9, 2008, authorize position to be filled through promotional examination and approve related actions as detailed in staff report dated March 4, 2008. Recommended action: Approve. 14. Request from the Human Resources Director to approve a tentative agreement for a one-year contract extension with the Fire Operations Battalion Chiefs' Association effective January 27,2008. Recommended action: Approve. 15. Request from the Public Works Director to approve the addition of maintenance and custodial personnel positions for the Marin County Health and Wellness Campus, effective July 1, 2008. Recommended action: Approve the addition of 3.0 FTE Custodian positions, 1.0 FTE Maintenance Electrician position; and 1.0 FTE Building Maintenance Worker II position. 16. Request from the Community Development Agency to authorize President to execute subordination agreement to enable Homeward Bound of Marin to secure additional financing for the Next Key affordable housing development. Recommended actions: (a) Approve subordination of the $100,000 loan (approved by the Board on March 13, 2007) from the In Lieu Housing Trust Fund to the $3,000,000 loan from the Marin Community Foundation; and (b) authorize the President to execute subordination agreements. 10:30 a.m. 17. Hearing: Resolution setting fees for Marin Center, effective July 1,2008. Recommended action: Conduct scheduled public hearing and consider adopting resolution. Marin County BOS Agenda 3 3/04/2008 18. Appointments: Mental Health Board Two term expirations as follows: One. representing Public Interest (Jonathon Gurish) and one representing Family Members (Jacqueline Janssen). Both incumbents have reapplied. Recommended actions: Make two (2) appointments. 11 :00 a.m. 19. Hearing: Ordinance amending Section 12.04.105 of the Marin County Code regarding hangar space fees at Gnoss Field. Recommended action: Conduct scheduled public hearing and consider adopting ordinance. 20. Closed Session: a. Conference with legal counsel regarding' existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Chaotoian, et al. v. County of Marin, et al. United States District Court, Northern Division. Case No. C04-2790 MJJ. b. Conference with legal counsel regarding existing litigation pursuant to Californ.ia Government Code Section 54956.9(a). Name of Case: Miklos v. County of Marin. Proceeding No. SFO 421874. c. Instructions to Labor Negotiator regarding Teamsters Deputy District Attorneys' bargaining unit pursuant to Government Code 54957.6. Reconvene in Open Session Announcement from Closed Session. ********************** CONSENT CALENDAR A (Items CA-1 throuah CA-13) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) CA-1. Aud itor -Controller: Request to (a) approve reallocation of a vacant 1.0 FTE Financial Analyst (Class #0312) to 1.0 FTE Accounting Manager (Class #0379), effective March 9, 2008; and (b) authorize the position to be filled by competitive exam. CA-2. Board of Supervisors: a. Designation of successors to Supervisors pursuant to Marin County Code Chapter 2.99. b. Supervisor Arnold requesting commendation for Vintage Oaks at Novato, Novato Chamber of Commerce 2007 "Large Business of the Year" and for Redwood Credit Union, "Small Business of the Year". Marin County BOS Agenda 4 3/04/2008 CA-3. CA-4. CA-5. CA-6. c. Appointments: Request to schedule the following appointments for April 1, 2008: i. Marin Economic Commission . Three term expirations representing the Marin County Council of Chambers (Andrew McCullough, incumbent), Realtors (Kay Moore- Harris, incumbent) and the Labor Council (Bill Scott, incumbent). ii. Women's Commission Two term expirations representing District 1 (Marcia McLean, incumbent) and District 4 (Ericka Erickson, incumbent). County Administrator: Authorize the President to execute grant agreement (P0630404) with the State of California, Department of Fish and Game, to accept a $98,385 grant for the Fishery Network of the Central California Coastal County (FishNet 4C) Project. County Counsel: Authorize President to execute First Addendum to the agreement with Haapala, Altura, Thompson & Abern, LLP, increasing the contract by $100,000 for a total contract amount not to exceed $150,000, for legal services in the matters of Davis v. Marin County Board of Health (USDC Case No. C03-4334 RMW) and Davis v. County of Marin Sheriff's Department (USDC Case No. C03-4512 RMW). Cultural Services: Authorize President to execute one-year extension of existing agreement (May 1, 2008, through April 30, 2009) with the Marin County Farmers' Market, in the amount of $53,275, for holding their Farmers' Market. District Attorney: a. Request to adopt Resolution No. 2008-_ in support of the District Attorney's application to the State Office of Emergency Services ("OES") for continuation of the Victim Witness Assistance Program and authorizing the District Attorney to execute, on behalf of the County, the grant award agreement and any extensions or amendments thereof. b. Request to (i) adopt Resolution No. 2008-_ authorizing submission of a grant proposal to the California Department of Insurance ("CDI") for the continuation of the Workers' Compensation Insurance Fraud Investigation and Prosecution Program, and authorizing the District Attorney to execute the grant award agreement, including any extensions or amendments thereof; and (ii) adopt Resolution No. 2008-_ authorizing submission of a grant proposal to the CDI for the continuation of the Automobile Insurance Fraud Investigation and Prosecution Program, and authorizing the District Attorney to execute the grant award agreement, including any extensions or amendments thereof. Marin County BOS Agenda 5 3/04/2008 CA-7. CA-8. CA-9. CA-10. CA-11 . Fire: Request from several Marin County Special Districts, pursuant to California Health and Safety Code Sections 13869.7, 17958.7 and 18941.5(b), for Board of Supervisors'ratification of the Districts' Resolutions and Ordinances, as detailed in staff report dated March 4, 2008, relating to the adoption of the 2000 Uniform Fire Code, 2006 International Fire Code, and 2008 California Fire Code and amendments thereto. Health and Human Services: NOTE: Agreements in item CA-8a - CA-8b are renewals of existing agreements that were included in and funded in'the FY 2007-08 budget. a. Authorize President to execute FY 2007 -08 agreement with Charles Palmigiano, M.D., in the amount of $43,940, to provide medical care for inmates at the County's adult detention and Juvenile Hall facilities. b. Authorize President to execute FY 2007-08. agreement with Susan Protzel, DDS, in the amount of $49,800, to provide dental care to inmates at the County's adult and juvenile detention facilities. c. Authorize President to execute amendment to the FY 2007-08 agreement with Tarcisio Ching, increasing the contract by $8,000 for a total amount not to exceed $40,000, for consultation and training services related to the preparation of Targeted Case Management ("TCM") and mental health cost reports. d. Authorize President to execute agreement with Marin Community Clinics, in the amount of $131,250, to provide project management of the Kaiser Specialty Care Access grant. Human Resources: Authorize President to execute First Addendum to the agreement with Liebert Cassidy Whitmore, increasing the amount by $160,000, to provide continued legal services regarding labor negotiations, employee relations, and related legal matters. Information Services and Technoloav: Request to approve reallocation of a vacant 1.0 FTE ERP Systems Support Analyst II to 1.0 FTE ERP Senior Systems Support Analyst position, effective March 9, 2008, to support SAP financial modules. Parks: Authorize President to execute agreement with Fairbank, Maslin, Maullin and Associates, in the amount of $34,500, to develop and conduct a countywide public opinion survey regarding parks and open space protection, wildland fire prevention, and farmland preservation. Marin County BOS Agenda 6 3/04/2008 CA-12. CA-13. Public Works: a. Request to adopt Resolution No. 2008- , authorizing the Public Works Director, or his designee, to execute documents necessary to secure $30,000 in grant funds from the California Integrated Waste Management Board for the Marin County Local Government .Waste Tire Amnesty event. b. Request to approve plans and specifications and direct Clerk to advertise for bids for the Marin County Juvenile Hall Sally Port Addition Project. (Project No. 07-023) c. Authorize President to (i) execute Notice of Completion for the 2007 Pavement Rehabilitation Program-Southern Region Resurfacing; and (ii) approve final payment in the' amount of $81 ,211.11 and release retention amount of $66,423.46, 35 days after Board action, to Ghilotti Construction Company, Inc. (Project No. ER07037) d. Authorize President to execute agreement with the Golden Gate Bridge, Highway and Transportation District ("GGBHTD"), in the amount of $278,369, for operation of the Muir Woods bus shuttle service during the months of May to September 2008. e. Request to (i) approve Coordinated Resources, Inc. ("CRI") as a single source provider of Herman Miller furniture products and installation services according to specifications declared in Request for Proposal No. 2474 for a term of seven years (January 28, 2008 - January 28, 2015); and (ii) authorize Purchasing Agent to implement agreement, on an annual basis up to the amount budgeted for this project in the annual County budget. Treasurer: Monthly report of County, Schools, and District Investments as of January 31, 2008. CONSENT CALENDAR B (Items CB-1 throuah CB-5) (Four affirmative votes reQuired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Community Development Aqency: Request to (a) accept $75,000 grant award from the Bay Area Air Quality Management District ("BAAQMD"), for staff support of Community Choice Aggregation ("CCA"); and (b) approve related budget actions as detailed in staff report dated March 4, 2008. CB-2. Health and Human Services: a. Request to (i) authorize President to execute FY 2007-08 agreement (#07- 65822), and related documents, with the California State Office of AIDS, in the total amount of $195,269, to provide outpatient health and support services to persons living with HIV/AIDS; and (ii) approve related budget actions as detailed in staff report dated March 4, 2008. b. Request to (i) accept $5,000 award from the National Association of County and City Health Officials ("NACCHO") to support the Marin Medical Reserve Corp ("MMRC") program; and (ii) approve related budget actions as detailed in staff report dated March 4, 2008. Marin County BOS Agenda 7 3/04/2008 CB-3. Information Services and Technoloav: Request to transfer $116,374 from IST/Marin.org to the Marin County Office of Education ("MCDE") to support institutional network deployment, as detailed in staff report dated March 4, 2008. CB-4. Librarv: Request from the Director of County Library Services to accept the following donations and approve budget actions as detailed in staff report dated March 4, 2008: a. $10,000 from an anonymous donor. b. $500 from Mark Schatz and Amy Peele. c. $300 from the Novato Republican Women Federated for the Novato Library. d. $300 from the Novato Republican Women Federated for the South Novato Library. e. $200 from the Friends of the San Geronimo Valley Library. CB-5. Public Works: a. Request to re-establish current year appropriations in the Capital Improvement Fund for the following three programs, as detailed in staff report dated March 4, 2008: Marin Center Renaissance project, electrical line upgrades and Fair improvements. b. Authorize President to execute agreement with the Transportation Authority of Marin ("TAM") to receive $243,342 in Measure A sales tax funds, for the Maria Silveira School Safe Pathway project; and approve budget actions as detailed in staff report dated March 4, 2008. Marin County BOS Agenda 8 3/04/2008 DIGEST i. MARIN COUNTY HAZARDOUS & SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY RECEIVED FES 2 8 2008 AB939 LOCAL TASK FORCE TOWN MANAGERS OFFICE TOWN OF TIBURON Wednesday, March 5, 2008 Suite 200-A Conference Room 65 Mitchell Blvd., San Rafael 9:00 -10:30 AM AGENDA 1. Call to Order. 2. Approval JPA Local Task Force Minutes from January 2, 2008. (Action - 5 Minutes) 3. Open Time for Public Comment. 4. Waste Management Infrastructure Description. (Information - 10 Minutes) 5. Subcommittee Reports. (Informational/Action - 60 Minutes) . Construction and Demolition Materials. . Progressive Can Rates. . Foodwaste Composting. 6. Next JPA Local Task Force Meeting will be held on Wednesday, April 2, 2008, 9:00 - 10:30 AM, 65 Mitchell Blvd., San Rafael. 7. Adjourn. The full agenda including staff reports can be viewed at www.marinrecycles.org/mins_agendas.cfm AS pacF\Waste\JPA\L TFIAGENDA\08-01-02.doc [5] rj ,. . ..... .... ..... - ~ fI American sign language interpreters and assistive listening devices may be requested by calling (415) 499-6172 (TOO) or (415) 499- 6530)(voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request Contact the County's Waste Management Division, at 499-6647 for more information DIGEST , ~ o ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG AGENDA GENERAL ASSEMBLY BUSINESS MEETING 12:15 P.M., Thursday, April 24, 2008 Palace Hotel (Formerly Sheraton Palace) 2 New Montgomery Street San Francisco, California RECEIVED FEB 2 8 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON Status 1. CALL TO ORDER 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROV AL OF SUMMARY MINUTES** April19, 2007, General Assembly Business Meeting Action 5. PRESIDENT'S REPORT 6. PRESENTATION ON ABAG STRATEGIC PLAN Information 7. PROPOSED ANNUAL BUDGET AND WORK PLAN** Fiscal Year 2008-2009 Including Member Dues Action 8. ANNOUNCEMENTS 9. ADJOURNMENT ** Attachment included. Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7970 info@abag.ca.gov Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 @