The URL can be used to link to this page

Home My WebLink AboutTC Digest 2008-03-14 TOWNCOUNCILWEEKL YDIGEST Week of March 10 - 14, 2008 Tiburon 1. Memorandum-Town Manager/CDD - Consolidation of POSC & BPAC 2. Memorandum - Town Manager - LCC Summaries of Props 98 & 99 2A. Notice - Belvedere/Tiburon Library Expansion Agendas & Minutes 3. Minutes - Planning Commission - 2/27/08 4. Agenda - POSC - 3/11/08 5. Action Minutes - Planning Commission - 3/12/08 6. Agenda - Design Review Board - 3/20/08 7. Minutes - POSC - 2/12/08 Regional a) Seminar - 2008 Eminent Domain - 4/25/08 * b) Newsletter - One to One - Big BrotherlBig Sisters - Spring 2008 * c) Campaign Letter - Joe Nation - Request for Support * d) Newsletter - Service Matters - ABAG - March/April 2008 * e) Invitation - "Town Hall Meeting on Underage Drinking" - 3/27/08 * f) Letter - ABAG - Climate Change Protection/Earth Day (4/22/08) g) Draft EIR - Sonoma-Marin Area Rail Transit Project. Agendas & Minutes h) Agenda - Special Meeting - Marin Board of Supervisors - 3/17/08 i) Agenda - Marin Board of Supervisors - 3/18/08 j) Agenda & Minutes - ABAG Executive Board - 3/20/08 * Council Only DIGEST . , . ~/ :z~OfrI8 · .{~~;~ .. &"ofJ,!fl :: ~~R ^-_-"," - ,0- --..~S-. '. I . Town of Tiburon MEMORANDUM . ....... ..... ............... .......... ....... TO: Mayor and Town Council FROM: Peggy Curran, Town Manager Scott Anderson, Director of Community Development SUBJECT: Potential Consolidation of Boards and Commissions DATE: March 14, 2008 ........... ........... ..... ........ ... .... BACKGROUND At the Town Council/Staff retreat in July, 2007 the Town Council directed staff to explore possibilities and make recommendations to the Town Council for reducing, consolidating, or restructuring existing committees. Specific suggestions by Councilmembers included considering the Bicycle-Pedestrian Advisory Committee (BPAC) and the Parks and Open Space Commission (POSC) for consolidation and restructuring into a Community Facilities Commission (CFC). In furtherance of the Town Council's direction, Staff collected data on various boards and commissions and has prepared a possible scenario for consolidation for consideration by the Town Council. ANAL YSIS Exhibit 1 contains information regarding the Town's appointed boards and commissions that were reviewed as part of the consolidation issue. This includes information on the duties and functions of the boards and commissions, as well as meeting frequency and other items relevant to workload and activity. Exhibit 2 is a draft resolution establishing the new commission, and Exhibit 3 is a draft ordinance amending affected portions of the Tiburon Municipal Code. In Staff's opinion, the data collected and experience over the past several years of actual operation provide support for consolidating the POSC and BPAC, while providing little support for making changes to the Planning Commission, Design Review Board, or Heritage & Arts Commission. Staff concludes that none of the functions of any existing boards or commissions would be lost as a result of the consolidation but that efficiencies in operation could be achieved. ISSUES Should the Town Council choose to move forward with consolidation, there are several issues that should be discussed and resolved in formulating the structure and duties of any newly- formed commission. To that end, Staff has drafted a resolution and an ordinance effecting the consolidation of the POSC and BPAC into a new Community Facilities Commission (CFC). Please note that this name is only a suggestion and it may be that a more appropriate name is found. This new commission would also assume the function of the Town Council appointed ad-hoc Lanes and Paths Committee, formed in 2000, which would be formally dissolved. Staff Town of Tiburon MEMORANDUM . , .~/0fTi8 u · .-e~:E'J~~> .. \7 > c.- 2-- ,,-~^C- . <;> ~\(',..;~'-"-;~ _._:~-~V~:~~:;-'O,~ .~'. I . ..... ... ............ .... .......... ................. believes that the resolution and the ordinance are the basic implementing documents required to complete the consolidation from a regulatory standpoint. Advertising, interviews and appointments to the new commission would also be required. It is assumed that all existing members of the POSC and BPAC would be eligible and welcome to apply for a position on the new commission. SPECIFIC ISSUES TO BE CONSIDERED Assuming the draft resolution is headed in a direction acceptable to Town Council, some of the specific questions to be considered and resolved are: 1. Duties of the commission Are the listed duties of the new commission, which are listed in the attached resolution, appropriate and comprehensive? This is the key consideration in forming this new body. 2. Size of the commission Is the suggested initial number of seven (7) members appropriate? If time and experience show that a smaller commission of five members would suffice, the membership could be reduced, possibly through attrition, with final action to reduce membership performed by resolution of the Town Council. 3. Requirement for residency Is the suggested 5-2 split for Tiburon resident/non-resident members appropriate? Staff believes that a maximum of two non-Tiburon residents should be established, with the understanding that there is no requirement that two non-resident members be appointed. If the commission shifts to five (5) members, then it may be appropriate for the number of non- residents to drop to one. 4. Frequency of meetings The Resolution sets the new commission's meeting schedule as: "should meet at least quarterly, but may meet more or less often as needed". This language provides flexibility to hold more or fewer meetings as demand requires, without an absolute requirement to meet in the absence of business. Staff notes that the Commission would be subject to California's Open Meeting Laws and will need to provide proper advance notice of any meetings held. 5. Staffing Staffing levels for the new commission would be determined by the Town Manager. It is envisioned that the Public Works Department and Community Development Department would share the staffing of this Commission, with Police and other Town staff present on an as-needed basis. 6. Name Is the name Communities Facilities Commission appropriate? Staff wants to point out that the intention is for this to mean recreational facilities, not all public facilities such as the Corp Yard, Town Hall, etc. March 14, 2008 Page 2 of 7 Town of Tiburon MEMORANDUM . j .~'Of TI8" . /.:\ ~ .. v -I' · .l:Ej~C~CO~ .. \ (\::::' ~,~ _...::3"",=3~c \~...xc~-- _.-.},~T'-'.;-. %~'~~<;> ~O'-"j' -->'-- , ." R~ '. I . ..... ..... ............. ................... ... ...... CONCLUSION It is staff's current intention to present the findings of this report and our recommendations for implementation to the Town council for its consideration at the regular meeting of April 2, 2008. EXHIBITS 1. Information on Existing Boards and Commissions 2. Draft Resolution 3. Draft Ordinance March 14, 2008 Page 3 of 7 Town of Tiburon MEMORANDUM . , :oofTi8 u ~ ..~.~: .. /,('OR~,~\~C.' '. . I . .................................................. . EXHIBIT 1 INFORMATION ON EXISTING BOARDS AND COMMISSIONS Planning Commission The Planning Commission was established in 1965 (Ord. 45) to serve as the planning agency for Tiburon, pursuant to the State Planning and Zoning Law, which requires that each jurisdiction have a planning agency to carry out the purposes of the Planning and Zoning Law. The duties of the Planning Commission, as enumerated in Section 16-3.4.1 of the Municipal Code, include the following: >> To review and approve or deny zoning permit applications >> To review and recommend action to the Town Council regarding general plan and zoning amendments, and major subdivisions >> To serve as the Town's planning agency, pursuant to the Government Code >> To maintain a viable general plan >> To interpret the zoning ordinance and the general plan >> To supervise the administration of the zoning ordinance >> To review the capital improvement program of the Town and make recommendations to the Town Council >> To review and amend the Town's design guidelines Currently, the Planning Commission performs all of the duties assigned to them. The Planning Commission. currently has five members who serve staggered four- year terms. The Planning Commission has also served as a training ground for future Councilmembers. Four of the five current members of the Town Council previously served on the Planning Commission. Design Review Board (DRB) The Board of Design Review was first established in 1967 (Ord. 71) to hear and decide applications for permits and approvals for signs, design, architecture and private master and development plans. Originally, the Board of Design Review consisted of three members of the Planning Commission. Over the Town's history the makeup of the Board of Design Review has changed, but there has been a board in place to hear and decide design review applications since 1967. The current duties of the Design Review Board are listed in Section 16-3.2.1 of the Municipal Code and include the following: >> To review and approve or deny applications for site plan and architectural review >> To review and approve or deny applications for variances associated with site plan and architectural review March 14,2008 Page 4 of 7 Town of Tiburon MEMORANDUM The DRB, made up of five members, currently performs these functions at regular meetings held the 15t and 3rd Thursdays of each month. Parks & Open Space Commission (POSC) In 1970, the City Council established a Parks and Recreation Commission (Ord. 63 N.S.), a seven member commission, who were charged with developing a master plan for open space, hiking trails, paths, parks, and playground and recreation areas. The Parks and Recreation Commission were also charged with proposing an annual budget for recreational programs and facilities and for reviewing all plans and programs of the City relating to parks and recreation. The current duties of the Parks & Open Space Commission are prescribed in Section 16-3.7.1 of the Municipal Code and include the following: ~ To submit recommendations to the Town Council on matters of policy pertaining to parks and/or open space lands ~ To submit an annual report to the Town Council assessing the short and long term needs for additional parklands and improvements; develop plans and recommendations for meeting those needs ~ To periodically review all plans of the Town affecting park and open space and make recommendations to the Planning Commission and/or Town Council concerning implementation of those plans ~ To review and make recommendations on zoning permits concerning parks and open space ~ To submit, annually, a proposed budget for the acquisition or improvement of park and open space lands The POSC performs several of the duties, but does not submit an annual report on parkland needs or an annual budget for parkland acquisition or improvement. Heritage & Arts Commission (H&A) Resolution No. 667 assigns the following duties to the Heritage & Arts Commission: ~ To recommend the appropriate selection, placement, modification and maintenance of art and historic objects on the Tiburon Peninsula for protection, enhancement or perpetuation. ~ To recommend street names having historic significance for newly constructed streets. ~ To review and make recommendations on the request of any group interested in artistic displays at Town facilities. H&A performs these duties, with the exception of recommending street names, a role that has been performed by the Community Development Department. . , :;:.--:-- ._~?OfJ;~. .. ("..:;: ;':::::.--~..:~= ";'';~~~~c~0~~ o,X)'l' ./~ INC' '. I . March 14, 2008 Page 5 of 7 Town of Tiburon MEMORANDUM ..... ................................ .............. Bicycle/Pedestrian Advisory Committee (BPAC) The Bicycle/Pedestrian Advisory Committee (BPAC) was formed as an "ad-hoc, single-purpose, limited duration" committee in 1999 to provide input to the countywide pedestrian and bicycle master plan. The BPAC has been active since January 2002 implementing the Town's Bicycle and Pedestrian Master Plan. In 2004, the Town Council adopted a resolution (No. 41-2004) reaffirming the role of the BPAC to report to and advise the Town Council, its staff and committees, other agencies, and public interest groups on bicycle and pedestrian matters affecting the Town. The resolution also declared that the BPAC should perform this function "without duplicating the work of staff or committees. II Since becoming active in 2002, the BPAC has provided advice on pedestrian and bicycle matters to the Town through Staff and communications with the Town Council and other bodies and commissions. The tables below provide statistics about the boards and commissions meetings between 2002 and 2007. Information was not compiled for the Heritage & Arts Commission. Table 1: Comparative Meeting Information Avera e, 2002 - 2004 PC DRB POSC Meetin s er Year 15 21 6 A enda Items er Year 30 77 17 Meeting H.ours per Year 30:00 45:30 10:00 Hours: Minutes Public Speakers per Year BPAC 9 41 11:30 109 274 28 3 T bl 2 M f H Id P Y 2005 2007 a e eelnQs e er ear - . Meetings Held POSC BPAC Year 2005 3 8 Year 2006 3 7 Year 2007 5 9 The tables above provide statistics about the boards and commissions meetings between 2002 and 2007. Information was not compiled for the Heritage & Arts Commission. BOARDS & COMMISSION IN OTHER MARIN COUNTY JURISDICTIONS Staff conducted a survey of other comparable Marin County cities (excluding San Rafael and Novato) to learn the types of boards and commissions that serve those communities. Each city or town has unique issues and needs to address; however, knowledge of the different cities and towns' use of boards and commissions is a useful tool in assessing Tiburon's current structure. March 14, 2008 Page 6 of 7 Town of Tiburon MEMORANDUM . , .~~/OfrI8u · r~~.~~ ..... ~ - '.,:,::~:- -:-::~:-,::" · .:::::.- -c:::*~ (\-;: <~~_---:_.:~=~::-: '9 .,-.- ,'- - ":--,., ~-_::Z;:- :' ~ ("/~ o~~:-:i~~:::; ~ 0. '0 .~ RII;IA 1~(..%,;l '. I . -. The table below provides a list of the boards and commissions that exist in the small cities of Marin County, along with the frequency. Every city has a Planning Commission, which is required by State law. In Ross, the Town Council sits as the Planning Commission. In all other communities, the Planning Commission is appointed. Table 3: Boards and Commissions in Other Marin County Municipalities Board/Commission Marin County Cities (excluding San Rafael and Novato) with Board or Commission PlanninQ Commission 9 Parks & Recreation Commission 6 Historic Preservation 4 Board/Commission Librarv Board 4 DesiQn Review Board 3 Arts Commission 3 Disaster Committee 3 Parks & Open Space 2 Commission Open Space Committee 2 Bicycle/Pedestrian Advisory 2 Committee Tree Committee 2 Volunteer Board 2 S:\Planning\Staff Folders\sanderson\Memos\posc-bpac consolidation memo 3-14-08. doc March 14,2008 Page 7 of 7 EXHIBIT NO....2..- RESOLUTION NO. XX-200_ A RESOLUTION OF THE TOWN COUNCil OF THE TOWN OF TIBURON ESTABLISHING THE TIBURON COMMUNITY FACiliTIES COMMISSION AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, in 1970, by adoption of Ordinance No. 63 N.S., the Tiburon City Council created a Parks & Recreation Commission, subsequently renamed the Parks & Open Space Commission, among whose duties were to develop a master plan for open space, hiking trails, paths, parks and playground and recreational areas for the recently-incorporated and rapidly growing municipality; and WHEREAS, in 1990, by adoption of Ordinance No. 360 N.S., the Town Council re- structured the Parks & Open Space Commission and assigned revised duties for this body, reflecting the slowing pace of development and the transition away from large-scale acquisition of public parks and open spaces; and WHEREAS, in 1999, the Town constituted an ad-hoc Bicycle Pedestrian Advisory Committee (BP AC) to develop the bicycle and pedestrian portions of the Tiburon element of the Marin County Master Congestion Management Plan; and WHEREAS, in July 2004, the Town Council adopted Resolution No. 41-2004 re- constituting the membership and reaffirming and expanding the role of the BP AC; and WHEREAS, the Town Council recognizes the continuing evolution of the community and the need to periodically review, reassess and reformulate the role of appointed advisory boards, committees, and commissions; and WHEREAS, the Town Council has determined that opportunities exist to reformulate certain appointed advisory bodies in order to reduce duplication of effort and improve efficiency of limited Town resources and staffing; and WHEREAS, the Town Council has determined that considerable overlap of advisory review authority exists between the Parks & Open Space Commission and the Bicycle- Pedestrian Advisory Committee and that a restructuring and consolidation of these appointed bodies into a new Community Facilities Commission (CFC) is appropriate at this time; and WHEREAS, the Town Council has initiated by ordinance the dissolution of the Parks & Open Space Commission, and herein resolves to disband the Bicycle-Pedestrian Advisory Committee in its current form as well. NOW, THEREFORE, BE IT RESOLVED that Resolution No. 41-2004, adopted by the Town Council on July 21, 2004 and setting forth the expanded role of the Bicycle- Pedestrian Advisory Committee, is hereby rescinded. BE IT FURTHER RESOLVED that the Town Council hereby dissolves the ad-hoc Lanes and Paths Committee, appointed December 6,2000, effective immediately. Tiburon Town Council Resolution No. XX-200 --/--/200 1 BE IT FURTHER RESOLVED that the Town Council, pursuant to Chapter 2, Article VI of the Tiburon Municipal Code, does hereby establish the Tiburon Community Facilities Commission (CFC) as an official standing body of the Town of Tiburon and sets forth its duties and qualifications, procedures for appointment and removal, terms of office, and other such information as necessary for the proper appointment and functioning of the CFC, as follows: 1. Duties and Functions. The duties of the CFC are advisory and may supplement, but not supersede, the duties of a board or commission established by ordinance. The duties and functions of the CFC are established as follows: (a) Serve as the official Bicycle-Pedestrian Advisory Committee of the Town of Tiburon, pursuant to State Transportation Control Measure No.9 and Metropolitan Transportation Commission Resolution No. 2178, or successors thereto. In that capacity the CFC shall advise and make recommendations to the Town Council, Town Staff and other T own boards and commissions on bicycle and pedestrian matters affecting the greater Tiburon Peninsula (including the City of Belvedere, Strawberry, and any unincorporated portion of the greater Tiburon Peninsula). The scope of "bicycle and pedestrian matters" is intentionally broad as used herein. (b) Periodically review the Tiburon Bicycle & Pedestrian Master Plan, and make recommendations to the Planning Commission and Town Council regarding updates to said Master Plan. (c) Periodically review the parks and recreation element of the Tiburon General Plan and make specific recommendations to the Planning Commission and Town Council regarding contents of that element. (d) Submit periodic recommendations to the Planning Commission and Town Council on matters of policy pertaining to park and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement, and operation. (e) Pursuant to Chapter 18 of this Code, review and make recommendations to the Town Council on any rules or regulations set forth by the Town Manager for parks, open space, or recreational lands under the control of the Town of Tiburon. (f) Assist with the organization and implementation of Town-sponsored or Town-supported events such as Coastal Cleanup, public facility dedications and fund-raisers, and similar activities. (g) Upon formal request from the Town Council, Town Staff, Planning Commission or Design Review Board, study and provide recommendations on any zoning permit or other matter involving public recreational facilities within the Town of Tiburon. Tiburon Town Council Resolution No. XX-200 --/--/200 2 2. Membership & Qualifications. The CFC shall initially be comprised of seven (7) members whose qualifications shall be as follows: (a) Five (5) members who must live in the Town of Tiburon. (b) Two (2) members who may live or work in Tiburon or on the greater Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated portion of the Tiburon Peninsula) and have knowledge and/or experience with bicycle and/or pedestrian issues. (c) Non- Tiburon resident members shall recuse themselves from an item in those instances where there is a perceived conflict of interest with Belvedere, the Strawberry area, the Paradise Drive unincorporated area or wherever (outside of Tiburon) a member resides or owns property. (d) It is the intent of the Town Council that the CFC eventually be comprised of five (5) members. The Town Council may, through attrition or other means, adjust the membership and qualifications as deemed appropriate. 3. Appointment and Removal of Members. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by affirmative vote of a majority of the Town Council. 4. Terms. The term of office of CFC members shall be four (4) years, except that to promote continuity of experience and expertise, the initial appointments for terms beginning on March 1, 2008 shall be staggered terms as follows: a. Two (2) members shall be appointed to terms that shall expire on the last day of February, 2010; b. Two (2) members shall be appointed to terms that expire on the last day of February, 2011; c. Three (3) members shall be appointed to terms that expire on the last day of February, 2012. All subsequent appointments shall be for terms of four (4) years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. 5. Procedur.es. The CFC shall annually elect its own officers, which shall be a Chairman and a Vice-Chairman, and shall adopt such rules and regulations as it may deem necessary for the conduct of its duties. Election of officers shall be at the first meeting held after June 30 of each year. The CFC shall have the authority to appoint subcommittees of less than a quorum of its members, either standing or ad hoc, as it deems necessary or appropriate to fulfill its duties. 6. Staffing. The Town Manager or a Town Manager-designated representative or representatives shall serve as staff to the CFC and as liaison between the CFC and Town Council, Town Staff, and other Town boards and commissions, and shall also serve as an ex-officio recording secretary for the CFC. Tiburon Town Council Resolution No. XX-200 --/--/200 3 7. Meetings. The CFC shall adopt a regular schedule of meetings and should meet at least quarterly, but may meet more or less often as needed. Meetings are subject to State of California open meeting laws (Le., the Brown Act) and shall be open to the public and notices of meetings shall be posted and distributed in accordance with state law. BE IT FURTHER RESOLVED that the Town Council hereby directs that henceforth, for prospective use purposes, all references in Town documents to the "Parks and Open Space Commission" shall mean the "Community Facilities Commission". PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 200_, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFFREY SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:\AdministrationlTown Counci/lStaff Reports 12008 \April 2 DRAFTSICFC Resolution revised 3-11-08 v2.doc Tiburon Town Council Resolution No. XX-200 --/--/200 4 EXHIBIT NO. J ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING VARIOUS CHAPTERS OF THE MUNICIPAL CODE TO DISSOLVE THE PARKS & OPEN SPACE COMMISSION AND TO TAKE RELATED ACTIONS Section 1. Findines. WHEREAS, the Town Council has determined that revisions to the Town's Municipal Code are necessary to implement organizational changes involving the dissolution of the Town's Parks and Open Space Commission and Bicycle-Pedestrian Advisory Committee and the reconstitution of those bodies into a new Community Facilities Commission; and WHEREAS, the Town Council has held public hearings on ,200 and , 200_, and has considered any and all public testimony received on this matter; and WHEREAS, all notices and procedures required by law attendant to the adoption of this Ordinance have been followed; and WHEREAS, the Town Council has found that the proposed Town Code revision is consistent with the goals and policies of the Tiburon General Plan and other ordinances and regulations; and WHEREAS, the Town Council has found that adoption of this ordinance is not a "project" as defined by the California Environmental Quality Act (CEQA) and is therefore exempt from the requirements of CEQA. NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 2. Municipal Code Amendments. A. Title I, Chapter 2 [Administration], Article V [Parks and Open Space Commission] of the Tiburon Municipal Code is hereby repealed in its entirety. B. Title IV, Chapter 16 [Zoning], Article III, Sections 16-3.7, 16-3.7.1, 16-3.7.2, 16- 3.7.3 andI6-3.7.4 of the Tiburon Municipal Code are hereby repealed. C. Title V, Chapter 18, [Parks, Open Space & Recreational Lands], Section 18-1 of the Tiburon Municipal Code is amended to read as follows: Town of Tiburon Ordinance No. N.S. Effective _,200_ The town manager is authorized to set forth rules and regulations as deemed proper and necessary to regulate and govern the use, operation, control and maintenance of those parks, open spaces, and recreational lands under the control of the town. Any such rule or regulation shall be promptly transmitted to any standing advisory body, should one exist, having oversight of parks and/or open spaces, for its prompt review and recommendation to the town council. Any such rule or regulation shall be effective thirty days from its referral to the community facilities commission unless disapproved by the town council within that time period. Section 3. Severabilitv. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that anyone or more sections, subsections, phrase or clauses be declared unconstitutional on their face or as applied. Section 4. Effective Date. This ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after its passage the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same, at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon held on ,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon held on , 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: JEFFREY SLA VITZ, MAYOR TOWN OF TIBURON DIANE CRANE IACOPI, TOWN CLERK S:lAdministrationlTown CouncillStafJReports\2008lApril2 DRAFTSIPOSC dissolution ordinance revised 3-1 I-08.doc Town of Tiburon Ordinance No. N.S. Effective _,200_ 2 DIGEST ~t TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: March 10, 2008 To: Mayor and Town Council From: I~ r; JJ'Vr- Peggy Curran, Town Manage~ v1;\)\ ~ Summaries of Propositions 98 and 99 from the League of California Cities Subject: Attached are summaries of two important propositions, 98 and 99, provided by the League of California Cities. The League is encouraging cities to pass resolutions opposing Proposition 98, which is very similar to the defeated proposition 90 of last year. The League is also seeking resolutions of support for Proposition 99, which was fashioned as a reasonable alternative to 98 and to address real issues related to eminent domain. Staffwill bring these resolutions before Town Council for its consideration shortly. Thank you. r~1A/ qg Summary of California Property O~ners and Farmland Protection Act DIGEST The Howard Jarvis Taxpayers Association, the California Farm Bureau Federation and the California Alliance to Protect Private Property Rights have submitted signatures to place a measure on the June, 2008 ballot, which would make major changes to laws governing use of property, including use of eminent domain and regulation of land use. Governmental Regulations Affecting the Price of Private Property The initiative provides that a government regulation that limits the price a private owner may charge another person to purchase, occupy or use his or her real property requires the payment of just compensation. This includes rent control ordinances} and inclusionary housing ordinances. Limitation on Use of Eminent Domain for Consumption of Natural Resources The initiative would prohibit the use of eminent domain to "transfer the ownership, occupancy or use of private property. . . to a public agency for the consumption of natural resources. . ." This provision can be read, for example, to prohibit the use of eminent domain by a city to acquire new drinking water resources. The initiative would also prohibit the use of eminent domain if the public agency would use the property for "the same or substantially similar use as that made by the private owner." This provision would likely eliminate eminent domain as a tool to acquire conservation and open space easements. Land Use Regulations The initiative prohibits a public agency from regulating the use of private property if the regulation transfers an economic benefit from the regulated property owner to another private property owner. Nearly all traditional land use regulations economically benefit some properties while burdening others. Read literally, this provision would make unconstitutional virtually all regulation of land use. Changes to the use of Eminent Domain . Property may not be taken and then transferred to a private party. This would end the use of eminent domain by redevelopment agencies except for public works projects and prevent its use by other public agencies that wish to establish a public-private partnership for facilities such as toll roads and prisons. . The definition of "iust compensation" is changed. The existing law provides reasonable certainty to both the public agency and the private property owner thereby reducing the need to go to court to determine "just compensation." The initiative will likely require more frequent recourse to the courts to understand how to apply the new definition. In addition, the initiative requires a public agency to pay the property owner's attorney's fees if the jury awards one dollar more than the amount offered by the public agency. It also includes elements not currently recognized such as temporary business losses in the calculation of "just compensation." Rent controlled units as of January 1, 2007, would be grandfathered, but only for so long as at least one of the tenants continues to live in the unit as their principal place of residence. . Acquiring immediate possession of property made more complicated. Under existing law, a public agency may deposit the estimated just compensation and gain immediate possession of the property. The property owner is limited to challenging what constitutes "just compensation" if the deposit is withdrawn. Under the initiative, the property owner will also be able to challenge whether the public agency has a right to take the property. This means that it would be possible for a public agency to take immediate possession of the property and for a court to subsequently rule that the public agency had no underlying right to acquire the property at all. . Balance of power shifted to courts. When a public agency makes findings explaining the need to exercise eminent domain, those findings are entitled to a strong presumption of validity when challenged in court. In addition, the court is limited to reviewing the administrative record that was before the public agency. The initiative changes this balance of power between the legislative and judicial branches of government by removing the presumption of validity and allowing the property owner to introduce evidence to the court that was not previously a part of the administrative record before the public agency. 2 r~~ 91 Summary of the Homeowners and Private Property Protection Act DIGEST The Homeowners and Private Property Protection Act is an initiative constitutional amendment proposed for the June 2008 ballot by substantially the same coalition of local government, environmental and business interests that opposed Proposition 90 in 2006. The initiative would make the following changes to existing law: Restrictions on the Use of Eminent Domain Under existing law, a redevelopment agency may acquire a privately owned single-family home and resell it to a private developer for redevelopment in order to eliminate blight. In direct response to public concerns raised following the United States Supreme Court's decision in Kelo vs. City of New London, the initiative would amend the California Constitution to prohibit a redevelopment agency, the State, or any local government from using eminent domain to acquire an owner-occupied, single-family residence and resell it to a private person. "Owner-occupied, single-family residence" is defined as real property improved with a single-family residence (including a condominium or townhouse) that is the owner's principal place of residence for at least one year prior to the State or local government's initial written offer to purchase the property. Exceptions The prohibition on using eminent domain to acquire an owner-occupied, single-family home for resale to a private party would not apply if the acquisition is for a public work or improvement. A "public work or improvement" is defined to include what have been traditionally viewed as public facilities, including those that may be constructed or operated as public/private partnerships (e.g., toll roads). The initiative would also not apply if the acquisition was to abate a nuisance, protect public health and safety from building, zoning or other code violations, prevent serious, repeated criminal activity, respond to an emergency, or remediate hazardous materials. Effective Date If passed, the measure would take effect the day following the election. Property acquisitions where both: (1) the initial written offer to purchase the property is made on or before January 1, 2008, and (2) a resolution of necessity to acquire the property by eminent domain is adopted on or before December 31, 2008, could be completed. Construction with Other Measures The initiative provides that if it appears on the same ballot with another initiative measure dealing with the same or similar subject and both measures pass, this measure will prevail over the other ifit receives more votes than the other measure. In such event, the provisions of the other measure will be null and void. TOWN OF TIBURON BELVEDERE~TIBURON LIBRARY EXPANSION MEETING NOTICE The Tiburon Town Council wilr consider a presentation by the Belvedere-Tiburon Library architects, EHDD, on the conceptual designs that are proposed for the Library's expansion. This will be an opportunity for interested citizens to view the schematics that show the potential building footprint, parking and traffic flow; and hear the Building Team's recommendation to the members of the Town Council. The Council will take no action on this matter but they will be open to comments from the audience. The meeting will be held on Wednesday. March 19. 2008 at the Town Hall Council Chambers located at 1505 Tiburon Boulevard, Tiburon, CA. The meeting will begin at 7:30 p.m. Please contact the undersigned at 789-2656 if you have any questions. -- . - ---...... \ " .~ )\ (0 .0 J : \, . ".f \... '.' ! . ,.' I .. \.,{' '.., I~"-~; .__. --.---.. Deborah Mazzolini, librarY-Director 2/26/08 V lOOIiJ AMVMijI1-ijI1-13ij OS9Z68LSTt xv~ tC:Zl 800Z/tl/CO DIGEST ~ ,. MINUTES NO. 960 PLANNING COMMISSION February 27, 2008 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California D'G'.' Jj -.ESr CALL TO ORDER AND ROLL CALL Chair Aguirre called the meeting to order at 7:30 P.M. Present: Vice-Chairman O'Donnell, Commissioners Fraser and Kunzweiler Absent: Chair Aguirre Staff Present: Community Development Director Anderson and Planning Manager Watrous ORAL COMMUNICATIONS - None COMMISSION AND STAFF BRIEFING - None PUBLIC HEARING 1. END OF STONY HILL ROAD: CONSIDER RECOMMENDATION TO THE TOWN COUNCIL FOR APPROV AL OF THE LING PRECISE DEVELOPMENT PLAN (PD #24) TO CREATE THREE BUILDING SITES ON A 5.6 ACRE PARCEL; Joe Ling, et.al., Owners and Applicants; Assessor's Parcel No. 055-261-10 Planning Manager Watrous presented the staff report. He stated that at the February 13, 2008 meeting, the Planning Commission expressed support for the revised three-lot project design, but requested modifications to the draft resolution recommending approval of the project to the Town Council which are outlined in the staff report. The item was continued and the public hearing was held open only to the extent that comments would be taken on any of the modifications made to the resolution subsequent to the February 13th meeting. He recommended adoption of the draft resolution recommending conditional approval of the Precise Development Plan to the Town Council. Vice-Chair O'Donnell opened the public hearing. Scott Hochstrasser, project planner, said they have reviewed the changes and support staff s recommendation. TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page t Public Comments: Leonard Sperry said he was not able to attend the previous meeting and wanted to ensure there were no changes which would alter the height of the homes, as reflected by the original story poles. Planning Manager Watrous confirmed that there would be no change that would be inconsistent with the story poles. Betsy Little asked questions about the proposed dust clean-up fund. She stated that when her house needed to be cleaned, scaffolding was used and it cost $5,000, so she did not think that the $25,000 in the fund would be enough. She noted that the draft resolution should be corrected to list her address as 1 Owlswood Road, not 1 Owlswood Way. Commissioner Kunzweiler asked where the $25,000 figure to clean the homes carn from. Community Development Director Anderson stated that this was an estimate from Leonard Charles, the EIR addendum consultant. The public hearing was closed. Commissioner Kunzweiler said that there have been many projects in Town which created similar dust issues and which were not required to specify a budget for clean-up, and he felt that the estimated amount was satisfactory. He recommended that the building envelope around the building footprints be changed to five (5) feet. He asked that specific reference be made to the project designs, noting that the Commission spent a lot of time to ensure the color schemes be consistent with those presented in the architect's documents. He referred to the mitigation measure referencing the geotechnical report dated 2003 and asked if there was a more recent study the Town should reference. Community Development Director Anderson said the initial report was amended later in 2004 and 2005 and the mitigation measure could be amended to follow the reference in another mitigation measure. Commissioner Fraser supported Commissioner Kunzweiler's requested changes and confirmed that the Commission's recommendations regarding timing of planting and acceptance of the street dedication were included in the resolution. He believed that the project design had greatly improved from its initial review and supported its recommendation to the Town Council. Vice-Chair 0 'Donnell recommended the 10 foot buffer from the building footprints to the building envelopes, adding that wording could be added to Condition of Approval No.4 to refer to "the conceptual house designs and the precise locations." It was the consensus of the Commission to recommend the 10 foot buffer with that change. Planning Manager Watrous summarized the consensus of the Commissioner, to correct the typographical error in Item 4 ""above references" to "above referenced"; to add "and the precise locations" under Condition of Approval No.4; eliminate the redundant "dwelling design" on Condition of Approval No.7; change 1 Owlswood Way to 1 Owlswood Road; include a reference on Condition of Approval No.12 that the project TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page 2 design as indicated in the KAO Design Group drawings; and add the references to the amendments to the 2003 report in Mitigation Measure 3.1.-C.I-5. ACTION: It was MIS (Fraser/Kunzweiler) to adopt the draft resolution, as amended, recommending conditional approval of the Ling Precise Development Plan to the Town Council. Vote: 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 Planning Manager Watrous presented the staff report, stating that the application requests the selling of wine by the glass and the sale of small food plates as an integral feature of the art gallery use. He said that no cooking would occur on-site, but minimal food preparation (i.e. crackers, fruit, etc) would occur. He stated that the gallery could also be rented out for occasional special events such as art exhibitions, fundraisers or special parties approximately 2-3 times per month. He said that the application had been found to be consistent with the Tiburon General Plan and Zoning Ordinance and he recommended that the Commission adopt the draft resolution conditionally approving the project. Commissioner Kunzweiler asked if there were any special conditions or requirements imposed through the business license for this use. Planning Manager Watrous said that this l;lse permit application is the first discretionary review for the proj ect. Vice-Chair 0 'Donnell referred to the business closing 11 :00 p.m. and asked if this was consistent with other similar businesses. Planning Manager Watrous said it would be later than most businesses, but consistent with other on-sale alcohol restaurant and bars on Main Street. Vice-Chair 0 'Donnell opened the public hearing. Deborah Molinar, applicant, said that she hoped to work out the final business hours as the new business gets under way. She said that she has been in the art business for awhile and has held many events that have benefited the community. She said that any special events would be art-related or for fundraising and would not be wild, loud parties. She said that they only have space of approximately 650 square feet, which can seat 25 people comfortably or 40-50 people for standing-room only events. She said that she could not imagine that there would be any parking concerns. Commissioner Kunzweiler noted that there are two businesses with similar names at different locations. Ms. Molinar replied that the Art Bar was opened in 2007 at 34 Main Street, but she knew that 46 Main Street would become available. She said that the name was chosen for the eventual business that she would like to operate at 46 Main Street. She intended that people would be able to enjoy art exhibitions and wine pairing, which TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page 3 would be something new and different. She said that the business at 34 Main Street may eventually change its name and become a more tourist-oriented business. Commissioner Fraser asked if patrons would potentially carry wine while visiting both businesses. Planning Manager Watrous noted that the ABC would be unlikely to issue a license to carry wine from one business to the other. Ms. Molinar said that she has operated the existing business for some time and felt the wine pairing was a great opportunity for local people and tourists to experience art while socializing in the same environment. Commissioner Fraser noted that the 11 :00 p.m. closing time for the business seemed a little late for a retail business. Planning Manager Watrous noted that only bars and restaurants in the Downtown area are open that late. Ms. Molinar stated that she hoped to provide an alternative for the community to experience, possibly after going to the movies. She envisioned a place where people could have a conversation and enjoy the environment, and that without alcohol, it would not be an "art bar." She likened the use to the salons in late 19th Century Paris. The public hearing was closed. Commissioner Fraser stated that he conceptually understood the proposed business to create a relaxing environment around art. He noted that there are many establishments already serving alcohol in the Downtown area, said he was unsure about the capacity limitations of the business, particularly during special events. He said that he was troubled by the proposed business hours, as an 11 :00 p.m. closing time did not seem to make good business sense for a retail store, and he thought that it might be a good idea to curtail the hours a bit. Commissioner Kunzweiler questioned whether the proposed business was a wine bar that has art or an art gallery that serves wine. He understood the concern about having a number of late night drinking establishments in Tiburon, but noted that there has not been a lot of opposition to this request from other businesses. He said that it was the applicant's responsibility to make sure that the business did not spill over to 34 Main Street. He felt that this was an interesting idea for Downtown and said that the occupancy levels would be established by the Fire District. He said that he had no objections to the proposed business hours. Vice-Chair O'Donnell voiced support of the request, believed it was an interesting idea that would be good for Tiburon and he was hopeful for its success. He wanted to make sure that the business hours were consistent with other businesses. Planning Manager Watrous noted that the hours are similar to those set for the recently approved Prima Palette business, which allow hours to be occasionally extended to match hours of community events in the downtown area, such as Friday Nights on Main.. ACTION: It was MIS (Kuzweiler/Fraser) to adopt the draft resolution finding the project exempt from CEQA and conditionally approving this project. Vote: 3-0. TIBlJRON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page 4 Ms. Molinar thanked the Board for approval, said she has invested a significant amount of money into the business, and asked if there was a way to ensure the permit would be extended without an annual review. Planning Manager Watrous said the review is solely to ensure compliance with the requirements of the conditional use permit and that it is rare that use permits are revoked. He confirmed with the applicant and the Commission that the closing time was set at 11 :00 p.m. and that the hours could be reviewed when the use permit is reviewed in one year. 3. 2306 MAR EAST STREET: CONSIDER REQUEST TO EXPAND A FIXED PIER AND DECK; CONDITIONAL USE PERMIT #10802; Magdalena Yesil, Owner; W.B. Clausen Structural Engineering, Consultants, Applicant; Assessor's Parcel Number 059-400-04. Continued to March 12, 2008 MINUTES 1. PLANNING COMMISSION MINUTES - Regular Meeting of February 13, 2008 Commissioner Kunzweiler requested the following amendments: . Page 2, 3 rd paragraph from the bottom, 2nd line; "Commissioner Kunzweiler asked and confirmed with the applicant !!,is willingness to have binding CC&R's that would tie the approvals to these plans. He said that the 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." . Page 6, 2nd paragraph from the bottom; "He wanted to make sure that the house designs would be reflected bv the actual homes which are built. deli"/ered ....vhen the actual homes are built. Commissioner Fraser requested the following amendment: . Page 3, 2nd paragraph, 2nd line; "Commissioner Fraser said that the open space area did not seem like a lot and he felt the access was curious, and although the public would need some place to park." ACTION: It was MIS (Fraser/Kunzweiler) to approve the Planning Commission Minutes of February 13, 2008 as amended. Vote: 3-0. TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page 5 ADJOURNMENT The meeting was adjourned at 8:25 p.m. EMMETT O'DONNELL, VICE CHAIRMAN ATTEST: DANIEL M. W A TRODS, SECRETARY TIBURON PLANNING COMMISSION MINUTES-FEBRUARY 27, 2008 MINUTES # 960 Page 6 tj. TOWN OF TIBURON /),,, ~,f;' il y" :, '.f '~./ h if":'~ . '" v /~ PARKS & OPEN SPACE COMMISSION AGENDA REGULAR MEETING Tuesday, March 11, 2008 - 6:00 TO 7:00 PM Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California I. ROLL CALL II. PUBLIC QUESTIONS AND COMMENTS (Please limit comments to no more than three (3) minutes.) III. ST AFF AND COMMISSION BRIEFING IV. CONSENT CALENDAR Minutes of Regular Meeting February 12,2008 - (No. 218) V. BUSINESS ITEMS A. Brief Update regarding Cypress Hollow Park B. Discuss BP AC process and meetings C. Review Subcommittee assignments VI. ADJOURNMENT S:\Public W orks\POSC\Agendas\2007\08.03 .11 Agenda.doc (. TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting - 7:30 PM March 12, 2008 ;"\,~ -- if "t ,'; f. · 'i "",""(.. ~ ;t.,. i '. ~... ..F~""^, \;j'''''' < J', f' , J ~~ . ACTION MINUTES CALL TO ORDER AND ROLL CALL 7:30 PM Present: Chairman Aguirre, Vice Chairman O'Donnell, Commissioner Fraser Absent: Commissioner Kunzweiler OATH OF OFFICE Administer Oath of Office to Cathy Frymier (Appointed March 5, 2008) 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 Commission Information Items and Committee Updates Staff Update EIR SCOPING SESSION 1. 20 AND 22 MAIN STREET SPAN: SCOPING SESSION FOR AN ENVIRONMENTAL IMPACT REPORT (EIR) FOR A PROPOSED COMMERCIAL PROJECT Zelinsky Properties, Owner; Hank Bruce Architects, Applicant; Assessor Parcel Number 059- 102-18; File #10705 [L T] ScoDina Session Held PUBLIC HEARING 2. 1655 MAR WEST STREET: REQUEST FOR TIME EXTENSION OF AN APPROVED TWO-LOT TENTATIVE SUBDIVISION MAP; Diane Ho, Owner; Douglas Matteson, Civil Engineer; Applicant; Assessor Parcel Number 059-051-18; File #60402 [SA] ADDroved 3-0-1 (Frvmier Recused) Action Minutes - Planning Commission Meeting March 12, 2008 Page 2 3. 2306 MAR EAST STREET: CONDITIONAL USE PERMIT #10802 TO EXPAND A FIXED PIER AND DECKS; Magdalena Yesil, Owner; W.B. Clausen Structural Engineers, Applicant; Assessor's Parcel No. 059-400-04; File #10802 [DW] Approved 3-0-1 (Frvmier Recused) 4. GREEN BUILDING PROGRAM: CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ADOPT MUNICIPAL CODE AMENDMENTS TO CHAPTER 13 (BUILDING) ADOPTING ENHANCED ENERGY EFFICIENCY REGULATIONS, AND TO CHAPTER 16 (ZONING) FOR TEXT AMENDMENTS RELATED TO REMODELS AND WIRELESS COMMUNICATION FACILITY PERMIT DURATIONS; FILES MCA2008-02, MCA 2008-04, AND MCA2008-05; (CONTINUED FROM JANUARY 9 AND FEBRUARY 13, 2008) [SA] Recommended Approval to Town Council 4-0; Continued to April 23, 2008 Meetina DISCUSSION ITEM 5. CONSIDER RECOMMENDATION TO TOWN COUNCIL TO ACCEPT THE ANNUAL GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR CALENDAR YEAR 2007 [SA] Recommended Acceptance of Status Report to Town Council 4-0 MINUTES 6. PLANNING COMMISSION MINUTES - Regular Meeting of February 27,2008 Approved as Amended 4-0 ADJOURNMENT 8:55 PM DESIGN REVIEW BOARD AGENDA ~ DIGEST TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DATE: 3/20/08 MEETING TIME 7:00 P.M. AGENDA NO.: #4 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 and Glassner B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. ELECTION OF VICE-CHAIR E. CONSENT CALENDAR 1. 84 Main Street Zelinsky Properties Sign Permit F. OLD BUSINESS BEFORE THE BOARD 2. 85 East View Ave. Hoppe New Dwelling/Variances/Floor Area Exception G. APPROVAL OF MINUTES #3 OF THE 3/6/08 DESIGN REVIEW BOARD MEETING H. ADJOURNMENT * * PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** PARKS AND OPEN SPACE COMMISSION 1~ bIG~S,. I MINUTES NO. 218 APPROVED February 12, 2008 6:00 P.M. REGULAR MEETING TOWN COUNCIL CHAMBERS 1505 TIBURON BOULEVARD CALL TO ORDER Chair Christopher Wand called the regular meeting of the Parks and Open Space Commission to order at 6:10 P.M., Tuesday, February 12,2008 in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. I. ROLL CALL PRESENT: Chair Wand; Commissioners Canter, McMullen and Zender. ABSENT: Commissioner Lindqvist EX-OFFICIO: Director of Public Works/Town Engineer Nick Nguyen II. PUBLIC QUESTIONS AND COMMENTS None III. STAFF AND COMMISSION BRIEFING Director Nguyen deferred to Town Manager, Peggy Curran, who introduced the topic of possible consolidation of the Bicycle/Pedestrian Action Committee with the Parks and Open Space Commission. She explained that at the Town's 2007 retreat, the Council directed staff to look at all boards' operations and consider consolidation for greater efficiency. The staff has tentatively concluded that these two groups' activities somewhat overlapped each other, don't have much cross communication and both require staffing and resources. The Town Manager has talked with each POSC Commissioner separately but in adhering to the Brown Act has not shared their individual comments with the other members. She explained she had posed to each of them the possibility of the two groups being disbanded with the idea of the Town Council then forming a new commission with a broader charter. She noted that there are significant upcoming matters such as the Library expansion, open space issues, bicycle/pedestrian issues and the possible construction of a recreation center for a new commission's agenda. The Town Manager also noted that the tentative time frame for the probable resolution of this matter will be in March. The staff reports will be disseminated to the commission for feedback prior to forwarding them to the Town Council. A name and the size of the new commission have yet to be determined. Commissioner Canter requested that POSC agendize this matter for the March POSC meeting. [Commissioner Zender expressed concern regarding possible lack of attention to open space matters and noted that BP AC has a stronger vision statement. Commissioner McMullen posed the possibility of the two existing groups having a broader scope and wondered about the unfinished business of both. IV. CONSENT CALENDAR MIS 4-0 Canter/Wand to approve Minutes No. 218. V. BUSINESS ITEMS A. Cypress Hollow Park West Side Improvements Because of the number of residents in attendance for the Cypress Hollow matter, agenda item C was taken first. Jim Bruno, Manufacturing Representative for Playground by Design, Inc., presented various options for the changes to the horseshoe pit area. He designed for an area of 62 feet by 20 feet and noted two other possible locations (grassy area and near the fence). He opined that the horseshoe area was the least intrusive for the park and would likely require the least site development. He showed a schematic with and without possible vegetation removal. His estimate of $10,000 applies only to new structures. There was a lengthy discussion with POSC about the locations and re-positioning of the new structures. The Director requested that the Commission direct staff to work out the details for the proposed work. He indicated that his preliminary cost projections for the equipment, new fencing, drainage, etc. would approximate $60,000. He explained that preparation and design are cost factors. The Director noted that he'd had only one outside contact and that was with Mr. Bruno just prior to this meeting and it only pertained to concept. He reminded the Commission that their sub-committee of Commissioners Wand and Zender made a 1/10/08 field visit to the Cypress Hollow site. He also noted that the project's movement forward took a turn when some public members took exception to the placement of the new play structures. The meeting was open to the public and the following residents commented: Nancy O'Neill, 185 Rancho Dr., gave the history of her involvement beginning prior to 2007 and subsequent presentations to POSC. She reminded POSC that District members have paid an annual fee of$378 which will total $73,000 at the end of June 2008. She pointed out that the current project was the only one advanced in that time span. She expressed concern that the matter had not been decided upon and forwarded to Town Council. Cathleen Mortimer, 40 Cypress Hollow Drive, spoke in favor of the immediate completion of the project - she emphasized she hoped it would happen while her children are still young. Edmond Browne, 20 Baccharis Place, said he did not expect a decision at this meeting but does want his property rights considered (the park is adjacent to his back yard). He indicated that the size and location of the playground structures will affect his property value. Suzanne Mellen, 70 Cypress Hollow Drive, (lives across the street from the playground) spoke of her initial support for a project which mainly consisted of a tire swing. Now that she hears that the entire fund might be used up for a $60,000 project, she has become very concerned about causing the park more highly utilized and heavy traffic congestion from people within and outside the neighborhood. She emphasized her worry that the changes will lead to overuse. She recommended that all project data be distributed to all neighbors. Additionally, she pointed out the new change should be considered as part of an comprehensive plan as she noted that other structures in the park are in poor condition. Jim Tull, 80 Cypress Hollow Drive, bought their property 12 years ago because of the park. While his family often used the toddler swings, now he thinks there should be a park rather than a playground. Mark Boyadjian, 170 Rancho Dr., spoke of the frustrating process and his concern about the playground's impact on a medium density area. The Commission discussed its role in this matter and that it's not up to them to design the project. Their consensus is to recommend a concept where there will be a minimum of impact, consideration of maintenance costs, CCRs, ADA access, safety considerations. The Director pointed out that the project had become a much more significant one than was originally discussed and would now require the involvement of the Planning Department. Many courses of action by the Commission were discussed. He suggested that he develop a plan for the project and bring it back to POSC in two months. M/S McMullen/Canter recommended their support of the improvement at the Cypress Hollow Park; 4-0 in agreement. The Director is to attach the recommendation to the report along with a Letter of Support from the new Chair. B. Election of Chair Mindy Canter was elected 3-1. C. Election of Vice Chair c. Election of Vice Chair Mike McMullen was elected 4-0 VI. ADJOURNMENT The meeting was adjourned at 8: 18 PM. A~2 NICHOLAS T. NGUYEN, SECRETARY IR, Parks & Open Space Commission ~~ND1 c,wreYC ij"1' .'1 l?~.~ '.. . . iiI f ':J:::."'" ~~. ' .M ~ . "'\ii ~ . .'fiIotI1J f ASSOCIATION OF BAY AREA GOVERNMENTS o Representing City and County Governments of the San Francisco Bay Area March 4, 2008 ABAG RECEIVED MAR 1 4 2008 TOWN MANAGERS OFFICE ABAG Member Counties, Cities and Towns j! T~WN OFT/BURaN San Mateo County Supervisor Rose Jacobs Gibson, ....... J~~ ABAG President . .1':JiA'../ ..zt To: From: Bay Area cities, towns, and counties can help stop climate change by incorporating climate protection suggestions into Earth Day (April 22th) Celebrations. Many local governments are trying to reduce their carbon footprint by implementing energy efficiency and renewable energy actions that can have multiple benefits including saving money, creating jobs, promoting sustainable growth, and reducing greenhouse gases and air pollution. What more can you do? Communities and or residents can make some simple changes to reduce our carbon footprint. The following information is what cities, towns and counties can do and what residents can do. What cities, towns, and counties can do: . Make completing the Bay Trail a priority . Apply to become a Green Business . Consider joining ABAG Energy Watch . Green your fleet . Switch the streetlights to LEDs . Reduce, Reuse, Recycle . "Curb the Car" with a one-stop commute shop . Make City Buildings Energy Efficient . Buy Green Power . Stop Sprawl . Turn Your Landfill into an Asset . Energy Smart Homes and Businesses . Be an Efficient Buyer . Use utility bills to share information about ride-sharing, energy efficient appliances and water conservation In addition to these activities, ABAG POWER is looking at new efforts that could make a difference, such as solar photo voltaics installation assistance, hybrid vehicles purchasing through the State, biodiesel aggregate purchasing, and entering the green natural gas market. Local governments can also provide information to residents in Earth Day announcements or handouts at events. The following list includes some suggestions. You and your staff will undoubtedly have other ideas. 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 What your residents can do: · Change one light bulb to compact florescent . bulb Adjust your thermostat down two degrees in winter and two degrees up in summer . Unplug the TV, DVD player, computer, or . Turn off one or more non-essentials other electronic devices that go to standby energy-consuming item such as TV, mode lights, computer, etc., for one hour . Use less hot water . Check your tires . Drive less, bike more, use public transit or . Shop for a home closer to where you walk work, etc. . Plant a tree . Recycle more I encourage you to participate in this effort. Let's all work together to support climate protection efforts. ~ PREPARED FOR . Cloverdale I I I . Healdsburg I I I . Windsor , , \ ., Jennings Avenue I . + Santa Rosa Railroad Square I . + Rohnert Park . . ~ Cotati , , , . Corona Road . I I . Downtown Petaluma , I _~ _ _ ~o..NOMA-~R1N C~UNTY LJ~~ _ _ __ . I . Novato North , , , o Downtown Novato (Alternate) () Novato Ignacio Wye (Alternate) . Novato South o Hamilton (Alternate) Draft Supplemental Environmental Impact Report ~~ I I I , Doc-(A MeV)+ a\)a, ;:Vble, ~+ TOwy\ Hatl Co y' t 1"..\ /""} ( t... m \ ~4J '4 March 2008 , , _ Marin Civic Center , f I . Downtown San Rafael . . I . Larkspur BOARD OF SUPERVISORS COUNTY OF MARIN ), DIGEST SPECIAL MEETING Monday, March 17, 2008 Room 324 A, Marin County Civic Center NOTICE IS GIVEN that President Charles McGlashan, Marin County Board of Supervisors, has called a special meeting of the Marin County Board of Supervisors on Tuesday, March 17, 2008 to be held at 1 :30 p.m. in Room 324 A, Civic Center, San Rafael, California. The business to be transacted at the special meeting consists of the one matter described below. AGENDA 1 :30 p.m. Convene in Open Session (in Room 324 A) Convene in Closed Session 1. Appointed Department Head evaluation (County Administrator) pursuant to Government Code Section 54957. Reconvene in Open Session (in Room 324 A) Announcement from Closed Session. Copies of this notice have been hand delivered or sent via facsimile to all members of the Board of Supervisors and media outlets who have requested notice of special meetings. * * * * * * * * * * * * * * * * * * * * ~ fI "..,. ..... .... ..... - ~ ~ American sign language interpreters may be requested by calling (415) 499-6172 (TTY) or (415) 499-7331 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon written request. The agenda is available on the Internet at http://www.co.marin.ca.us/efiles/BS/AgMn/cybagnda.htm The audio portion of Board meetings is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/audiolindex.cfm. A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. ~ AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY HOUSING AUTHORITY BOARD OF COMMISSIONERS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS D "G.. ,r--. It::S, Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, March 18, 2008 Board of Supervisors Chambers, Room 330, Civic Center 8:30 a.m. Convene in Open Session as the Marin County Housina Authority Board of Commissioners (Convene in Room 324 A) Convene in Closed Session as the Marin County Housina Authority Board of Commissioners 1 a. Discussion of public employee appointment (Interim Executive Director of the Marin County Housing Authority) pursuant to Government Code Section 54957. 9:15 a.m. Reconvene in Open Session as the Marin County Housina Authority Board of Commissioners (Reconvene in Room 330) Announcement from Closed Session. 1 b. Approval of minutes of the meetings of February 5 and March 4, 2008. 1 c. Open time for public expression, up to three minutes per speaker, on items not on the Housing Authority agenda. 1d. Board of Commissioners' matters. 1 e. Executive Director's Report. 1f. Authorize Executive Director to execute agreement with Edward Griffin, in an amount not to exceed $100,000, to act as Marin Housing Authority Interim Executive Director. Recommended action: Approve. ~ rI --- ..... .... ..... - ~ rt 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 http://www.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at httD:/Iwww.co.marin.ca.us/depts/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 g. Request to accept audits for the Marin Housing Authority federally funded and state funded projects for the Fiscal Year ended December 31,2006. Recommended action: Approve. 1 h. Authorize Executive Director to terminate all bulk rate cable contracts with Comcast, effective December 31, 2008. Recommended action: Approve. Adiourn as the Marin County Housina Authority Board of Commissioners 10:15 a.m. Convene as the Board of Supervisors 2. Approval of minutes of the meeting of March 4, 2008. 3. Board of Supervisors' matters. 4. Administrator's report. 5. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 6. Consent Calendar A (Items CA-1 through CA-8) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 7. Consent Calendar B (Items CB-1 through CB-2) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 8. Supervisor Kinsey requesting resolution supporting the American World Service Corps Congressional Proposals ("AWSCP") to encourage and support proposals to build a volunteer service corps. 9. Request from the County Administrator to send a letter to the Governor seeking his assistance with consideration of alternatives to the proposed aerial spraying for the light brown apple moth in Marin County; and authorize amendment to the County's Legislative Plan to authorize future efforts, including support of proposed legislation. Recommended action: Approve. 11 :00 a.m. 10. Hearing: Consideration of a resolution establishing Farmland Security Zone ("FSZ") No. 17, and approving related FSZ contract pursuant to Government Code Section 51296. Recommended actions: (a) Conduct hearing; (b) consider adopting resolution establishing FSZ No. 17 and rescinding the existing land conservation contract; and (c) consider authorizing President to execute FSZ No. 17 Contract with Carlee B. Nunez and Nancy J. Chaffin (APN 106-150-10, 106-170-16, and 125-040-06). Marin County BOS Agenda 2 3/18/2008 11. Request from the Human Resources Department to accept the FY 2006-07 Equal Employment Report prepared in cooperation with the Equal Employment Advisory Committee and approved by the Personnel Commission. Recommended action: Accept Report. 12. Appointments: County Service Area ("CSA") #18 - Las Gallinas One vacancy. An application has been received from Linda Levey. Recommended action: Make appointment. Recess as the Board of Supervisors 11 :30 a.m. Convene as the Marin County Open Space District Board of Directors 13a. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 13b. Closed Session. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Neeley v. Marinwood Community Services, et al. Announcement from Closed Session. (To be made from Room 324 A) Adiourn as the Marin County Open Space District Board of Directors Reconvene as the Board of Supervisors 14. Closed Session: a. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Neeley v. Marinwood Community Services, et al. b. Conference with legal counsel regarding anticipated litigation pursuant to California Government Code Section 54956.9(b)(1), involving the recently approved revision of the Marin County Wide General Plan. Number of potential cases: one or more, including the following: (i) potential litigation with the Dutra Group, and consideration of a tolling agreement and extension thereto; (ii) potential litigation and consideration of a tolling agreement and extension thereto regarding the Silveira property and owners; and (iii) potential litigation and consideration of a tolling agreement and extension thereto with the Salmon Protection and Watershed Network ("SPAWN"). c. Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: Point San Pedro Road Coalition et al v. San Rafael Rock Quarry. Marin County Superior Court, Case No. CV 014584. Reconvene in Open Session Announcement from Closed Session. Marin County BOS Agenda 3 3/18/2008 1 :30 p.m. 15. CA-1. CA-2. CA-3. Hearing: Consideration of certification of the Lawson's Landing Master Plan, Coastal Permit and Tidelands Permit Final Environment Impact Report ("EIR"). Recommended actions: (a) Conduct a public hearing; (b) consider adopting resolution certifying the Final EIR; and (c) consider establishing timeframe for submission of project changes by the applicant and timeframe for consideration by the Planning Commission and the Board of Supervisors of the merits of the project for approval or disapproval. ********************** CONSENT CALENDAR A (Items CA-1 throuah CA-8) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) Board of Supervisors: a. Appointment: Request to schedule the following appointment for April 15, 2008: Retirement Board One additional vacancy for a Board of Supervisors' appointee due to the resignation of Supervisor Charles McGlashan. b. Supervisor Brown requesting resolution commending Deputy Public Works Director Jeff Rawles upon his retirement. c. Supervisor Brown requesting resolution commending Deputy Human Resources Director Katie Gaier upon her retirement. Community Development Aaencv: a. Approve revised bylaws for the Marin Economic Commission. b. Authorize President to execute amendment to Community Development Block Grant ("CDBG") agreement with the Novato Youth Center, increasing the amount by $8,000 for a total contract amount of $50,000, for child care scholarships. c. Authorize President to execute amendment to Community Development Block Grant ("CDBG") agreement with the City of San Rafael, increasing the contract amount by $300,000 for a total contract amount of $403,193, for public facility access improvements required to comply with the Americans with Disabilities Act ("ADA"). County Administrator: a. Authorize President to execute agreement with the Marin Agricultural Land Trust (" MAL T"), in the amount of $30,000, to support the acquisition and monitoring of agricultural conservation easements. b. Authorize the President to execute agreement with Jeannette Prandi Children's Center, in the amount of $40,000, to partially offset the cost of operating the center for abused or sexually assaulted children. Marin County BOS Agenda 4 3/18;'~008 CA-4. CA-5. CA-6. CA-7. CA-8. County Counsel: Request to (i) approve Report, pursuant to Government Code Section 65858, setting forth the measures the County has taken to alleviate the conditions which led to the adoption of Ordinance No. 3482 establishing a moratorium in the San Geronimo Valley Watershed Stream Conservation Areas ("SCAs"); and (ii) adopt corresponding resolution. Health and Human Services: Authorize President to execute FY 2007-08 agreement with Sunny Hills Services, in an amount not to exceed $1,159,700, to provide day treatment services to severely emotionally disturbed children and adolescents. Information Services and Technoloov: a. Authorize President to execute Second Addendum to the agreement with Key Business Solutions, increasing the amount by $220,000 for a total contract amount of $321,150, for additional programming and analysis services for SAP payroll. b. Authorize President to execute First Addendum to the agreement with Aurionpro Solutions, Inc., increasing the amount by $156,800 for a total contract amount of $225,800, to provide assistance with SAP Learning Solutions and Workflow modules. Public Works: a. Authorize additional contingency funds, in the amount of $15,000, for the Modernization of Elevators 9 and 10 at the Hall of Justice. (Project No. CAP- 94035-10) b. Request to approve sole source purchase of eight (8) Bantam Mass Casualty Incident Response Trailers from Disaster Response Solutions, of Milford, OR, in the amount of $147,537.01, for the Marin County Fire Department. c. Authorize President to execute amendment to the Local Agency - State Agreement with the California Department of Transportation ("Caltrans"), concerning Bicycle Transportation Account ("BT A") funding for fabrication and installation of bicycle guide signs. Reoistrar of Voters: Approve the Registrar of Voters certification of canvass of votes for the results of the February 5, 2008, Presidential Primary Election. CONSENT CALENDAR B (Items CB-1 throuah CB-2) (Four affirmative votes reauired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Health and Human Services: Request to (a) authorize President to execute FY 2007-08 agreement with the Workforce Investment Board ("WIBSC") of Solano County, Inc., in the amount of $48,171, to provide disability navigator services through the Marin Employment Connection; and (b) approve related budget actions as detailed in staff report dated March 18, 2008. Marin County BOS Agenda 5 3/18/2008 CB-2. Public Works: a. Request to approve following actions related to the five-year acquisition of equ'ipment and software upgrades to the data networking system: (i) approve updated Master Equipment LeaselPurchase Agreement with the Bank of America and the allocation of $196,243.40 for the Information Systems and Technology ("1ST") Department; (ii) approve single source purchase of Cisco data networking equipment from AT&T, San Ramon, CA, in the annual amount of $39,248.68 for a five year total amount of $194,450.14; and (iii) approve related budget actions as detailed in staff report dated March 18, 2008. b. Request to approve following actions related to the Cal Park Tunnel Rehabilitation and Multiuse Pathway Project: (i) authorize President to execute amendment to the Cooperative Funding Agreement with the Transportation Authority of Marin (liT AM"); (ii) authorize Public Works Director, or his designee, to execute Funding Agteement (No. 06MAR01) with TAM for Transportation Fund for Clean Air ("TFCA") funds, in the amount of $536,252; and (iii) approve related budget actions as detailed in staff report dated March 18, 2008. Marin County BOS Agenda ..... . J 3/18/2008 No. 360, MARCH 20, 2008 ABAG EXECUTIVE BOARD o AGENDA, MINUTES & SCHEDULE OF MEETINGS ASSOCIATION OF BAY AREA GOVERNMENTS REPRESENTING CITY AND COUNTY GOVERNMENTS OF THE SAN FRANCISCO BAY AREA O t 1"'\ .~ r'\-~ "' 'i:i~C ~i .. t- ASSOCIATION OF BAY AREA GOVERNMENTS o Representing City and County Governments of the San Francisco Bay Area ABAG AGENDA ABAG EXECUTIVE BOARD MEETING NO. 360 Thursday, March 20, 2008, 7:00 PM METROCENTER AUDITORIUM 101 8th Street (at Oak Street) Oakland, California For additional information, please call: Fred Castro, (510) 464 7913 1. CALL TO ORDER 2. PUBLIC COMMENT 3. ANNOUNCEMENTS 4. PRESIDENT'S REPORT** 5. EXECUTIVE DIRECTOR'S REPORT** 6. CONSENT CALENDAR ACTION: Unless there is a request by a Board member to take up an item on the consent calendar separately, the calendar will be acted upon in one motion. A. Approval of Executive Board Summary Minutes** Summary Minutes of Meeting No. 359 held on January 17, 2008. B. Grant Applications** With Board consent, ABAG will transmit the attached federal grant application to the State Clearinghouse. This application was circulated in ABAG's "Intergovernmental Review Newsletter" since the last Executive Board meeting. C. Appointments to Committees President Jacobs Gibson requests Executive Board approval of appointments to the following committees: Reaional Plannina Committee Jim Leddy, Executive Director. Napa County Transportation Authority, Representing Bay Area CMA Association (Replaces Mike Zdon) Additional Appointment(s) to be Announced Bav Area Council Economic Institute Appointments to be Announced Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7970 info@abag.ca.gov Please Note: The Board mavact on any item on this aaenda. ** Attachment Included. Location: Josepn P. Bort MetroCenter 101 Eighth Street Oakland, CJiifornid' 94607-4756 @ March 20, 2008, ABAG Executive Board Agenda, Page 2 Leaislation and Governmental Oraanization Committee Appointment(s) to be Announced Earthauake Hazards and Lifeline Committee Appointment to be Announced D. Authorization to Ratify Amended Contracts with California Department of Boating and Waterways (DBW) and Santa Monica Bay Restoration Foundation (SMBRF)** Authorization is requested to ratify the amended 2008-2009 contract with DBW and 5MBRF by increasing the notto exceed amount to $1,501,192.10 an increase of $268,000.00. The time period of the contact is extended with the contract ending on December 31, 2009. The funds will be used to inform the boating community about proper vessel sewage disposal practices and encourage the use of pumpout and dump facilities. The San Francisco Estuary Project/ABAG will use $85,000 to work with the boating community in the San Francisco Bay Delta Estuary. ABAG will provide an' in-kind services match of $21,250. A pass-through contract amendment for $120,909 will go to the 5MBRF to work with the boating community in Santa Monica Bay. The 5MBRF will provide an in-kind services match of $27,479. E. Financial Support to Bay Area Council Economic Institute {Formerly Bay Area Economic Forum Authorization is requested for the FY 08-09 ABAG support to the Bay Area Council Economic Institute (BACEI) in the amount of $50,000. The BACEI is a partnership of ABAG and the Bay Area Council. Formed in 1988 as a public- private partnership of business, government, university, labor and community leaders BACEI analyzes and implements programs to strengthen the region's competitive economy and quality of life. 7. BAY AREA GREEN BUSINESS PROGRAM CERTIFIED PUBLIC AGENCY RECOGNITION** Information/ACTION: ABAG Senior Planner Ceil Scandone will report on the progress of the Bay Area Green Business Program which is seeking Executive Board recognition for 25 public agencies that have been certified in the last 12 months as "Green Businesses." 8. REGIONAL HOUSING NEED ALLOCATION APPEALS AND COMMITTEE RECOMMENDA TION** PUBLIC HEARING APPEALS - 8 PM ACTION: Paul Fassinger, ABAG Research Director and Christy Riviere, Senior Planner, will request Executive Board approval of the Appeals Committee recommendations and to issue the proposed final Regional Housing Need Allocation. 9. PERFORMANCE TARGETS FOR PROJECTIONS 2009** ACTION: Paul Fassinger, ABAG Research Director and Christy Riviere, Senior Planner, will describe the use of performance targets in evaluating policy assumptions for Projections 2009. The Executive Board will be asked to adopt a draft set of performance targets and direct staff to develop a variety of land use assumptions that could make progress toward the targets. Please Note: The Board may act on any item on this agenda. ** Attachment included. March 20, 2008, ABAG Executive Board Agenda, Page 3 10. FOCUS - PERFORMANCE CRITERIA FOR PRIORITY DEVELOPMENT AREAS** Information/ACTION: Ken Kirkey, ABAG Planning Director, will present recommendations on Performance Criteria for the Priority Development Areas and a related local outreach effort. . 11. APPROVAL OF STRATEGIC PLAN Information/ACTION: Henry Gardner, ABAG Executive Director, will provide an overview of the ABAG Strategic Plan and request Executive Board approval. 12. ADMINISTRATIVE COMMITTEE REPORT Information/ACTION: Committee Chair, President Rose Jacobs Gibson will report on the Administrative Retreat held February 21-22nd and request approval of Committee recommendations. 13. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEEREPORT** Information/ACTION: Committee Chair Pete McHugh, Supervisor, Santa Clara County, will report on Committee activities. 14. FINANCE & PERSONNEL COMMITTEE REPORT** Information/ACTION: Committee Chair Scott Haggerty, Supervisor, Alameda County, will report on Committee activities, including: A. Contract with Independent Auditor, Maze and Associates B. Approval of ABAG Strategic'Plan C. Financial Support to Bay Area Council Economic Institute 15. CLOSED SESSION - Public Employee Performance Evaluation Title: Executive Director 16. ADJOURNMENT /.~ ner, Secretary-Treasurer Please Note: The Board may act on any item on this agenda. ** Attachment included. SUMMARY MINUTES ABAG Executive Board Meeting No. 359, January 17, 2008 MetroCenter Auditorium 101 8th Street, Oakland, CA 1. CALL TO ORDER President Dave Cortese called the meeting to order at approximately 7:06 p.m. Quorum was present. Reoresentatives and Alternates Present SupeNisor Susan Adams Mayor Len Augustine Councilmember Jane Brunner Vice Mayor David D. Cortese Councilmember Carole Dillon-Knutson Mayor Jose Esteves Councilmember Dan Furtado Mayor Jack Gingles Supe'rvisor John Gioia Mayor Mark Green Supervisor Scott Haggerty Supervisor Rose Jacobs Gibson Supervisor Barbara Kondylis Council member Sam Liccardo Mayor Janet Lockhart Supervisor Mark Luce Councilmember John Marquez Supervisor Peter McHugh SupeNisor Ross Mirkarimi Mayor Gavin Newsom Vice Mayor Jean Quan Mayor Gwen Regalia Mayor Pro Tem A. Sepi Richardson Mayor Pamela T orliatt Councilmember Forrest Williams SupeNisor Ken Yeager Mike Farrah, Senior Advisor to the Mayor Jurisdiction County of Marin City of Vacaville City of Oakland City of San Jose City of Novato City of Milpitas City of Campbell City of Calistoga County of Contra Costa City of Union City County of Alameda County of San Mateo County of Solano City of San Jose City of Dublin County of Napa City of Richmond County of Santa Clara County of San Francisco City of San Francisco City of Oakland City of Walnut Creek City of Brisbane City of Petaluma City of San Jose County of Santa Clara City of San Francisco Reoresentatives Absent SupeNisor Chris Daly Supervisor Jerry Hill Supervisor Mike Kerns Councilmember Nancy Nadel SupeNisor Gail Steele Supervisor Gayle B. Uilkema Jurisdiction County of San Francisco County of San Mateo County of Sonoma City of Oakland County of Alameda County of Contra Costa President Cortese thanked the Board for allowing him to serve as President and reported on accomplishments over the last two years, which included hosting the first Legislative Reception in Sacramento; having the mayors of San Francisco, Oakland, and San Jose at a General Assembly; hosting the first ABAG-MTC combined General Assembly/Transportation Summit; instituting the Regional Awards Program, "Growing Smarter Together;" planning and informing local jurisdictions about Homeland Security funding; brokering an agreement with the three largest cities in the region to take on more housing in exchange for incentive funding that may come; initiating a Strategic Planning process; receiving Blueprint Planning funding with MTC, the Bay Area Air Quality Management District (BAAQMD), and the San Francisco Bay Conservation and Development Commission (BCDC); implementing the FOCUS program; improving ABAG's visibility through media outreach; and adding the BCDC as a member of the Joint Policy Committee (JPC). President Cortese stepped down as President and passed the gavel to Rose Jacobs Gibson, Supervisor, County of San Mateo, who assumed the office of President. President Jacobs Gibson presented Vice Mayor Cortese with an engraved gavel in recognition of his service as president. The Board next heard the report from Jack Broadbent, Executive Officer and Air Pollution Control Officer, Bay Area Air Quality Management District. 2. PUBLIC COMMENT There was no public comment. 3. ANNOUNCEMENTS President Jacobs Gibson welcomed Len Augustine, Mayor, City of Vacaville, to the Board. President Jacobs Gibson presented Amiee Alberston Alden, San Francisco Department of Emergency Management, with a plaque in recognition of her service on the Board. There were no other announcements. 4. PRESIDENT'S REPORT President Jacobs Gibson stated she is looking forward to working with Board Members and serving as President for the next two years. She noted that this is going to be a very challenging two years given the condition of the state budget and its impact on local government, particularly for regional planning programs. ABAG will continue to work with the California State Association of Counties (CSAC) and the League of California Cities (League) to help protect local revenues. President Jacobs Gibson's objectives for the next two years include building on the work of our Immediate Past Presidents to develop a strong voice for the region in Sacramento; working to encourage more elected officials from throughout the region to get involved in the state-wide Blueprint Learning Network meetings; working with staff to finalize the ABAG Strategic Plan to develop a plan for identifying more resources for the agency; increasing the number of elected officials participating in committee activities and General Assemblies and other ABAG workshops and conferences to expand the breadth of ABAG member involvement in our activities. Her overall goal will be to achieve greater visibility for ABAG' s programs and services. The Board next heard a report from Gavin Newsom, Mayor, City and County of San Francisco, and Ms. Laura Phillips, Executive Director, San Francisco Department of Emergency Management, on the Regional Emergency Coordination Plan and the recent Bay oil spill. 2 5. EXECUTIVE DIRECTOR'S REPORT Executive Director Gardner reported on the following: Given current conditions of the state budget deficit, cities and counties are bound to be affected by the state's fiscal woes. State cuts in all probability will affect ABAG and other Councils of Government as well. It is too early to tell where those cuts might occur and what impact they would have on ABAG. ABAG conducted a forum on financing disaster recovery in December stressing the need to plan for recovery before the disaster. Presenters discussed the federal process for accessing funding. This was the first in a series of workshops ABAG will conduct to better prepare the region for recovery from a major disaster. The fourth in a series of Best Practices Conferences, "Greening Infill," was held in December. The conference highlighted effective programs and policies that address storm water compliance, water and energy conservation, waste reduction, and brownfields cleanup. The topics also included protecting and conserving water in infill projects. ABAG's Bay Area Economic Outlook 2008 Conference, "Just a Bump in the Road?", will be held on January 24,2008. The opening speaker is Howard Roth, Chief Economist for the California Department of Finance. The conference will focus on the Bay Area economy over the next year, with particular emphasis on the housing market and its effect on the state and the region, as well as energy costs and retail sales. The conference will conclude with an analysis of the residential real estate market and prospects for a recovery in 2009. ABAG's EcoWise Certified Structural Integrated Pest Management (IPM) Certification Program has been named a State Department of Pesticide Regulation Innovator and received an IPM Innovators Award along with seven other award recipients in Sacramento on January 17, 2008. ABAG has provided capital funding through the ABAG Finance Authority for Nonprofit Corporations in the following issues: on behalf of the City and County of San Francisco, $24,000,000 in Variable Rate Demand Revenue Bonds to be used for rehabilitation of school facilities of the San Francisco Friends School; $6,000,000 in Variable Rate Demand Revenue Bonds for the Santa Cruz Montessori School for various acquisitions and capital projects; $5,000,000 in Multifamily Housing Revenue Bonds to provide for the acquisition and rehabilitation of the Tracy Garden Village Apartments, an 88-unit complex for seniors located in the City of Tracy. Another issue in ABAG' s innovative California Tax Allocation Bond Pool is $55,425,000 in Revenue Bonds for refinancing and funding of capital projects by redevelopment agencies in Ojai. San Carlos, West Sacramento. In accordance with the previously approved policy by the General Assembly, membership dues for FY 2008-09 shall be adjusted based on the Bay Area CPl. The proposed increase is 3.19%. The increase applies to the per capita rate and the fixed fee portion of the membership dues. The budget for FY 2008-09 will be presented to the General Assembly in April for adoption. Approved FOCUS Priority Development Areas are eligible to apply for funding through the Station Area Planning Program Cycle 2. This program finances planning efforts for land use plans and policies that increase transit ridership around public transit hubs 3 and rail corridors. Seven and half million dollars are available for planning grants and capital projects. Applications are due February 29, 2008. 6. CONSENT CALENDAR President Jacobs Gibson recognized a motion by Barbara Kondylis, SupervisoL County of Solano, and seconded by Susan Adams, SupervisoL County of Marin, to approve the consent calendar. The motion passed unanimously. A. Approval of Executive Board Summary Minutes** Summary Minutes of Meeting No. 358 held on November 15, 2007. B. Grant Applications None submitted C. Appointment to Committees Bav Conservation and Develooment Commission Mayor Pedro M. (Pete) Sanchez, Alternate to Member Joan Lundstrom (replaced retiring Mayor Steve Messina, City of Benicia) Leaislation and Governmental Oraanization Committee Mayor Daniel E. Furtado, City of Campbell D. Authorization to Enter into Contract with State Water Resources Control Board (State Water Board) to Provide Communication and Outreach Support for Total Maximum Daily Loads (TMDLs)** Authorized the Executive Director or designee to enter into a contract with the State Water Board to provide public participation, public outreach, technical writing and editorial service and a range of communications support for TMDLs. The contract amount will not exceed $200,000 and term is January 15, 2008, to June 30, 2010. E. Ratification of a Contract Amendment with Joan Patton, Consultant, is Requested** Ratified a contract amendment with Joan Patton increasing the contract amount from $35,000 to $50,000 and extending the contract to Dec. 31, 2008. The additional funding will provide for assistance with the Boater Education Program, the CALFED Science Conference and additional communications/marketing services. F. Authorization to Seek Funding from Federal Emergency Management Agency (FEMA) through California State Governor's Office of Emergency Services (OES) to Update Multi-Jurisdictional Local Hazard Mitigation Plan and Approval of Associated Resolution No. 01-08** Authorized enter into an agreement with OES and FEMA to seek grant funding to update the existing multi-jurisdictional Local Hazard Mitigation Plan that was adopted by ABAG' s Executive Board in March 2005. The grant is for a total of $450,000 with a required match of $150,000, half of which would be from ABAG and half from in-kind match of participating local governments. G. Authorization to Amend a Contract with the State Coastal Conservancy to Provide Support for the Invasive Spartina Project** Authorized the extension of the contract to provide support for the Spartina 4 Project with the State Coastal Conservancy. The new project completion date is to be extended to December 31,2009, with the term of the agreement being extended to April 15, 2010. H. Authorization for ABAG to Submit Proposal (with MTC) to CalTrans for State-Wide Transit Studies Planning Grant** Authorized submitting a joint proposal with MTC and if funded entering into a contract with the State of California Department of Transportation for a State- wide Transit Studies Planning grant to support development of an integrated regional demographic and transportation model. The grant request is for $300,000 and would require a matching funds totaling $34,000. I. Authorization to Enter into Contract with the Metropolitan Transportation Commission (MTC) for Continuing Regional Blueprint Planning Program Grant** Authorized entering into a contract with MTC for a Blueprint Planning Grant if the joint application to CalTrans is funded. The application amount is $1,076,000 and requires an in-kind match of $322,800, from ABAG and MTC. 7. OVERVIEW OF BAY AREA AIR QUALITY MANAGEMENT DISTRICT ACTIVITIES President Jacobs Gibson recognized Jack Broadbent Executive Officer, Bay Area Air Quality Management District who provided the Board with an overview of BAAQMD activities. Mr. Broadbent addressed the Air Quality Summary 2007; Bay Area PM2.s; Comprehensive Wood Smoke Strategy; Community Air Risk Evaluation (CARE) Program; Climate Protection Program; and Green Ports Rule. Members inquired about state codes regarding vent-less natural gas inserts, setting PM2.s detection levels and standards, and air quality levels represented on available maps. President Jacobs Gibson thanked Mr. Broadbent for his presentation. 8. REGIONAL EMERGENCY COMMUNICATIONS PLAN AND RECENT BAY OIL SPILL President Jacobs Gibson recognized Gavin Newsom, Mayor, City and County of San Francisco, and Laura Phillips, Executive Director, San Francisco Department of Emergency Management who provided an overview of the regional emergency communications plan and briefed the Board on the recent Bay oil spill. Mayor Newsom described the development of the Regional Emergency Coordination Plan (RECP) for the San Francisco Bay Area. Ms. Phillips reported on the San Francisco Bay Oil Spill by reviewing the timeline of events, describing the Unified Command structure and the coordination of volunteers, and continuing actions undertaken by San Francisco. Ms. Philips then reported on the development of the RECP by outlining its purpose, describing regional threats, listing those who worked on the RECP, differentiating the RECP from the Super Urban Areas Security Initiative (SUASI), delineating roles and responsibilities, listing the operation priorities during a disaster, steps taken to validate the RECP, and next steps in completing the nine annexes to the base plan. Members discussed the issues of readiness, volunteers, and resources; preparations for mass care; local jurisdictions' response determinations during the oil spill; receiving assistance from outside the region; funds for retrofitting buildings: emergency response training; and federal assistance. 5 President Jacobs Gibson thanked Mayor Newsom and Ms. Phillips for their report. 9. PROJECTION 2009 PERFORMANCE TARGETS AND POLICY ASSUMPTIONS** President Jacobs Gibson recognized Paul Fassinger, ABAG Research Director, who briefed the Board on potential changes to the development of the Projections 2009 forecast. Mr. Fassinger noted that the next Projections report on long-run forecast of housing, jobs, and population will again include policy based assumptions in its forecasting. Changes under consideration include identifying performance targets to help staff have more specific assumptions that go into the forecast, and having more extensive outreach to local jurisdictions regarding the forecast and local land use policies. To develop draft recomm~ndations, staff will work with MTC, other regional agencies, the Joint Policy Committee, and the Regional Planning Committee to coordinate ABAG's efforts with them and seek their input on draft recommendations on performance targets and assumptions. A more detailed presentation will be made at the March meeting. Members discussed comparing past Projections reports with actual outcomes; incentives or consequences. related to Projections forecosts; costs for completing Projections; how Projections shape policy; include evaluation of green house gas emission reductions; prioritization of objectives among regional agencies; and Projections relation RHNA, the Regional Transportation Plan, and air quality conformity. President Jacobs Gibson thanked Mr. Fassinger for his report. 10. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT** President Jacobs Gibson recognized Committee Chair Pete McHugh, Supervisor, County of Santa Clara, who reported on Committee activities. Chair McHugh reported that the committee re-elected him as chair and Carole Dillon-Knutson, Councilmember, City of Novato, as vice-chair. He also reported that the committee reviewed and approved priorities and strategies for the 2008 Legislative Session. The committee reviewed the 2008 Legislative Session Bills for Consideration, including AB 94 (Levine), SB 303 (Ducheny), SB 375 (Steinberg), SB 732 (Steinberg). The following will be considered at the next committee meeting: AB 842, ACA 10, and AB 1634. The second Legislative Reception will be on January 30, 2008, at the Sheraton Grand, Sacramento, and will be co-sponsored by the Metropolitan Transportation Commission, the League, CSAC, and the BAAQMD. President Jacobs Gibson recognized a motion by Chair McHugh, and seconded by A. Sepi Richardson, Mayor Pro Tern, City of Brisbane, to approve the committee report. The motion passed unanimously. President Jacobs Gibson thanked Chair McHugh for his report. 11. FINANCE & PERSONNEL COMMITTEE REPORT** President Jacobs Gibson recognized Committee Chair Mark Green, Mayor, Union City, who reported on Committee activities, including a review and recommended approval of the Proposed Budget and Work Program for FY 2008-2009 (Includes member dues); Single Audit Report for 2006-2007; Long-term Strategic Plan Status Report; and annual perfo.rmance evaluation process for Executive Director. He noted that the Proposed Budget and Work Plan for 2008-2009 includes a 3.19% increase in membership dues and addresses a deficit by delaying hiring of two staff positions and partially funding Other Post-Employment Benefits. Chair Green 6 reported that Scott Haggerty, Supervisor, County of Alameda, was elected chair, and Gwen Regalia, Mayor, City of Walnut Creek, as vice-chair. President Jacobs Gibson recognized a motion by Chair Green, and seconded by SupeNisor McHugh, to approve the committee report, which includes approval of the Proposed Budget and Work Plan for 2008-2009, a 3.19% increase in membership dues for transmittal to the General Assembly, and Single Audit Report for 2006-2007. The motion passed unanimously. President Jacobs Gibson thanked Chair Green for his report. 12. ADJOURNMENT Meeting adjourned at approximately 9:10 p.m. \'~.'..A~' ). ">;fk. t.J~~--- Ai/t .....- 1.' t4~ .. . enry L. Gardner, Secretary-Treasurer ** Indicates attachments. *** For information on the L&GO Committee, contact Patricia Jones at (570) 464 7933 or PatJ@abag.ca.gov, or Kathleen Cha at (570) 4647922 or KathleenC@abag.ca.gov. All ABAG Executive Board meetings are recorded. To arrange for review of these tapes, please contact Fred Castro, Clerk of the Board, at (570) 464-7973 or FredC@abag.ca.aov. 7 ABAG 3/4/08 Meeting Schedule 2008 Executive Board Meetings January 17 March 20 May 15 July 17 September 18 November 20 START TIME 7 :00 PM LOCATION Joseph P. Bort MetroCenter Auditorium 101 Eighth Street Oakland, California 94607 Across from the Lake Merritt BART Station Spring General Assembly April 24 Palace Hotel San Francisco Fall General Assembly October 24 Oakland Marriott City Center Schedule