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Home My WebLink AboutTC Digest 2008-04-18 ~......-~ r\ \ \ TOWN COUNCIL WEEKLY DIGEST Week of April 14 -18,2008 Tiburon 1. Memo - Scott Anderson - Tiburon Ridge Lands Priority Conservation Area 2. Letter - Stephen Hahn - Request for Repavement of Cecilia Way 3. Letter - Nick Nguyen - Cecilia Way Resurfacing 4. Letter - John Corcoran - Application to Planning Commission 5. Notice - Homeowners Associations Summit - 6/14/08 Agendas & Minutes 6. Minutes - Design Review Board - 4/3/08 7. Action Minutes - Design Review Board - 4/17/08 8. Agenda - RBRA - 4/17/08 9. Agenda - Planning Commission - 4/23/08 Regional a) Transportation 2035 Workshop Schedule* b) Invitation - Fair Housing - Poster Contest Awards * c) Letter - Housing Leadership Alliance Events * d) Estuary - Newsletter - April 2008 * e) Fair Housing of Marin - Newsletter - Spring 2008 * f) Promotion - Altosid - Mosquito-Borne Illness Prevention Product * g) Marin Conservation League Newsletter - February/March 2008 * h) Notice - PG&E - Application for Cost Recovery Agendas & Minutes i) Agenda - Marin Bd. Of Supervisors - Special Meeting - 4/21/08 j) Agenda - Marin Bd. Of Supervisors - 4/22/08 k) Agenda - Marin Hazardous Waste JPA - 4/23/08 * Council Only Town of Tiburon MEMORANDUM ()IG~ ~8.,. I · ........... ......... ................... ..... TO: Mayor & Members of the Town Council FROM: Scott Anderson, Director of Community Development J:~:\:/ SUBJECT: Tiburon Ridge Lands Priority Conservation Area Nomination DATE: April 17, 2008 ..... ....... ... ........................ ..... In 2007, the County of Marin nominated a cluster of several large properties along the Tiburon Ridge for inclusion in the Association of Bay Area Government's (ABAG's) Priority Conservation Area designation. The nomination was entitled the Tiburon Ridge Lands Nomination. While most of the properties in the Tiburon Ridge Lands Nomination are unincorporated, some properties are in the Town of Tiburon. Town staff is pleased to announce that ABAG Staff (see attached letter) is recommending that the nomination be accepted and the properties designated as Priority Conservation Areas by the ABAG Board of Directors. Staff will keep the Council apprised as to ABAG's final decision on the nomination. "I TIBURON RIDGELANDS PARADISE BEACH PARK ^" ..~~~ ~) ...". , , \ , , \ , , \ \ , \ \ \ \ , , \ \ , \ :\ , .\ / ,.. ,.. / ,.. ,.. / ,.. ,.. Legend c=:J PRIORITY CONSERVATION AREA .. COUNTY OPEN SPACE DISTRICT .. COUNTY PARKS .. NATIONAL PARKS .. STATE PARRKS 0 0.5 _ WATER DISTRICT 1.5 2 Miles 4~".""". .:1~-> ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area o ABAG April 1, 2008 Scott Anderson Director of Comm Dev Town of Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920-2530 APR 1 4 2008 RE: FOCUS Priority Conservation Area UDdate - Initial Staff Recommendations Dear Scott, I would like to update you on the FOCUS Program's Priority Conservation Area (PCA) process and on the nomination made within your jurisdiction. Local government support is central to advancing a coordinated approach to development and conservation in this region. The initial staff recommendation on the PCA nomination relevant to your jurisdiction is as follows: LArea-J Nog:na 1- ~:U:n Ridge-r'~:JI~;~~~~~:iks' L_______'_,___LP.~p.?r.!!!',~,~,!. . ...". .., .l~~~~:e~~;i:~l I Designate ! I I . ,_J This initial staff recommendation will be forwarded on to our regional committees and eventually ABAG's Executive Board for adoption unless we receive information that would substantially change our evaluation of this area against the nomination criteria. If your jurisdiction does not agree with this initial staff recommendation, please send me a letter detailing why by May 30, 2008. Final staff recommendations for PCA adoption will be presented to ABAG's Executive Board at its meeting in July, 2008. FOCUS Priority Conservation Area Background FOCUS is the San Francisco Bay Area's regional planning strategy for development and conservation led by the Association of Bay Area Governments (ABAG) and the Metropolitan Transportation Commission (MTC) in coordination with the Bay Area Air Quality Management District (BAAQMD) and the Bay Conservation and Development Commission (BCDC), and in cooperation with local governments, and stakeholder groups. As part of the FOCUS Program, areas are being identified as places to target incentives for supporting development in existing communities (priority development areas) and for supporting conservation in natural resource areas (priority conservation areas). Priority Conservation Areas (PCAs) have been nominated by jurisdictions, open space agencies, land trusts, and other land/resource groups for consideration as regional priorities for land conservation funding opportunities in the near-term. Regional adoption of these areas as part of the FOCUS Program can promote conservation by: · Coordinating conservation opportunities within a regional framework of near-term priorities · Providing a strong platform on which to leverage public and private resources for the Bay Area · Building upon prior and existing land protection efforts and investments Mailing Address: Location: P,O, Box 2050 Oakland, California 94604-2050 (510)464-7900 Fax: (510) 464-7970 info@abag,ca.gov Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 Page 2 FOCUS Priority Conservation Area Update - Initial Staff Recommendations April 1, 2008 . Providing opportunities for forging new partnerships One example of how these near-term conservation opportunities will help inform the spending of conservation dollars in the San Francisco Bay Area is the distribution of Proposition 84 funds. The State Coastal Conservancy's San Francisco Bay Area Program will be spending $108 million from Proposition 84 over the next 4-5 years. FOCUS PCAs will inform the Conservancy, other public agencies, and private organizations of near-term (1-5 year) land conservation opportunities (purchases or conservation easements) in the region. Parallel Planning Efforts Given the focus of Priority Conservation Areas on near-term conservation opportunities and on local support, it is important to also highlight parallel conservation planning efforts that will complement PCA adoption. These efforts include the Upland Habitat Goals Project, Green Vision 2025, and addressing support for urban parks through FOCUS Priority Development Areas. Upland Habitat Goals Project The Upland Habitat Goals Project is an effort lead by the Bay Area Open Space Council that will describe the types, amounts and distribution of upland habitats, linkages, compatible uses and the ecological processes needed to sustain diverse and healthy communities of plant, fish and wildlife resources. Upland Habitat Goals will provide information regarding important habitat values among the Priority Conservation Areas. This information will be particularly useful to land conservation funding entities. Information pertaining to the Upland Habitat Goals Project is slated to be released in June, 2008. Green Vision 2025 Green Vision 2025 is a land conservation effort led by the Bay Area Open Space Council and Greenbelt Alliance with a goal of creating a long-term vision for land conservation for the Bay Area. Green Vision will identify strategies for attaining this vision through the identification of policy and land protection needs of this region. Priority Development Areas and Urban Parks The Priority Conservation Areas generally represent large-scale landscapes related to agriculture, natural or scenic resources and recreational areas. The majority of the nominated areas are in unincorporated rural areas. Over 100 Priority Development Areas (PDA) in 50 of the region's jurisdictions were adopted by the ABAG Executive Board in November, 2007. Many of the PDA jurisdictions have identified urban parks and greenspaces as a critical component of developing livable and sustainable neighborhoods near transit. Adoption of the Priority Conservation Areas in July, 2008 provides an opportunity to support and develop a strategy for supporting urban parks within Priority Development Areas. ABAG is working with our partner FOCUS agencies and the State Coastal Conservancy to secure funding for urban parks within the Priority Development Areas. Priority Conservation Area Adoption Process & Timeline Nominations for regional conservation funding priorities were received in August, 2007. Since then, ABAG staff has been in communication with applicants, local governments, regional policy bodies, attendees of county-wide workshops, and review panelists. All of these interactions have helped staff learn more about the nominations and shape initial determinations on whether or not an area meets the nomination criteria: regional significance, level of consensus (including policymaker and jurisdictional support), and urgency for protection. Local jurisdictions were contacted to ensure that they did not oppose the nominations made within their boundaries to ensure local support. If a nomination was not supported by a local government or did not meet the other nomination criteria, staff is recommending that the nomination not move forward this year. Future nomination opportunities are expected annually, and applicants will be encouraged to coordinate with local governments in future nomination cycles. Page 3 FOCUS Priority Conservation Area Update - Initial Staff Recommendations April 1, 2008 May to June oin forward this ear is as follows: MAJOR ACTIVITIES Update regional policy bodies on the Priority Conservation Area (PCA) rocess; Follow-u with a licants and local 'urisdictions Coordinate PCAs with Green Vision and Upland Habitat Goals and Priority Development Areas with Urban Parks; Present recommendations to JPC and RPC for endorsement; Develo PCA descri tions Present recommendations to the ABAG Executive Board for regional adoption of PCAs; Finalize PCA products; Revise nomination materials for 2nd round of nominations Make 2nd call for nominations; Hold PCA workshop for funders and a licants The PCA timeline 2008 Jan to April July to September October to December Please do not hesitate to contact Jackie Guzman, ABAG Regional Planner, by phone at 510.464.8002 or bye-mail atJackieG@abag.ca.gov with questions or for more information about the PCA process. Thank you very much, /: ./ /J /1) / V?A/1VP~~/ {/ Kenneth Kirkey ABAG Planning Director Cc: Councilmembers, Mayor, Town Manager, and Nominating Group D1GE1.. 0 ~ ffi'. '" '."0 'C W!~11 -:J . ,..... APR LJ 9 Z008 I Stephen Hahn 11 Janet Way #7 Tiburon, CA. 94920 DIRECTO~ '. 'Ir)RKS TOW" v'- n.......,ON Nicholas Nguyen Town Engineer 1505 Tiburon Blvd. Tiburon, Ca. 94920 April 9, 2008 Dear Nick, r ;;"..,..- As a resident and homeowner, I am writing to ask that the Town re-pave Cecilia Drive between Tiburon Blvd and Circle Drive. This is a relatively short span of roadway but it is one of the most heavily traveled roads in Town and is in desperate need of re-paving. I know you have received other letters from residents describing the condition of the roadway and that you have seen it yourself so I won't waste time describing it again. I know that there are 162 units in the Tiburon Hill Estates condominium complex that use this road. There are also approximately 100 apartments on Circle Drive and about 35 single family houses on Upper Cecilia that also use the road every day. With the average household having 2 vehicles you can do the math and figure out that approximately 600 Town residents use this road every day to get to and from their homes. This does not include service and delivery vehicles that also use the road regularly. With so many Town residents being affected by this problem I am hoping that you will see value in prioritizing this portion of roadway for re-paving. As you know my work takes me to every street in Tiburon on a regular basis. I know there are some other streets in Town that also need re-paving, but I know of no other street in Town that is as heavily traveled and whose repair would positively affect so many Town residents as this one would. With public funds always being limited I know that you strive to get the most benefit from every dollar and I hope you agree that re- paving this portion of roadway is a natural conclusion of that cost/benefit equation. I appreciate your consideration of this matter. Sincerely, ~M-- ./ Stephen Hahn D\GEST Town ofTiburon · 1505 Tiburon Boulevard · Tiburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us Office of the Director of Public Works / Town Engineer / 415.435,7388 April 15, 2008 Mr. Stephen Hahn 11 Janet Way #7 Tiburon, CA 94920 Subject: Cecilia Way Resurfacing Dear Steve: It is great to hear from you and thank you for your request. Upon review of your letter, field conditions, and the Town's pavement management system evaluation, we plan to put the resurfacing of Cecilia Way at the top of our list for the next annual street improvement project. If you have any further questions, please don't hesitate to contact me. Sincerely, /JI(t-\l-k '--' ~- ~-- , .--- Nicholas T. Nguyen, P.E. Director of Public Works I Town Engineer Enclosure: none Cc: . 1 .1'; ~ ,?LTl~(/ ~. ~~..".~ .~'\f~ ........ ;'~. ~ ~.'. ~. t"\i,,~~~i~ ~"s~~o.'O ....A'...~, .';.. o~^,,~\~c.' ~. T . ;. Jeff Slavitz Mayor Alice Fredericks Vice Mayor Miles Berger Councilmember Dick Collins Councilmember Tom Gram Councilmember Margaret A. Curran Town Manager e4/14/2008 19:01 4153885818 JOHN CORCORAN DiGEsT Lt. JOHN H. CORCORAN 5 Janet Way, No, 20 Tiburon, CA 94920 Cell (415) 250-8131 Home (415) 388-5818 jobncon:oran@gmailcom Mayor Jeff Slavitz Tiburon Town COWlcil c/o Town Clerk Diane Crane Iacopi Town ofTiburon 1555 Tiburon Blvd Tiburon, cA 94920 RECEIVED r'-.-'~':"-_.'-"--'-..""-.:~:1 ~Rl ~ ~ TOWN CLERK TOWN OF TIBURON April 15, 2008 Dear Mr. Mayor and Councihnembers, I am submitting my application to be on the Planning Conunission. For the past year, I have enjoyed serving on the Tiburon Design Review Board and would like , to continue my service to the town on the Planning Commission. As a member of the DRB, I have taken my responsibilities seriously and valued the trust the town places in me. I have found the work to be very rewarding and enjoyed getting to know the town's various neighborhoods and residents better. I have tteated applicants and neighbors who appear before the DRB with respect and worked with my fellow board members to develop a consensus resolution to any disputes. , During this rime, I have especially enjoyed working on more complex projects which involve open space, public tr'dils, or previously undevdoped lots. I would enjoy the greater challenge of the projects before the Pla.nning Conunission, especially in light of the many significant projects posed to come before the Cotntnissioo in the months ahead. Ou~idc of the ORB, I am an attorney and devote a. subs~tial amount of my practice to land use law. I enjoy working 'With the legal issues perWning to land development and preservation, and I believe this experience would make me a valuable addition to the Planning Conunission. - ] " N~ ~ fa DIGEST J · L I/-tJ If- $ /of-I'{ -() 8 <( U c .. 0 1.... ::J ~ .J:) .- ~ ~ J- .. ~- ..... g ""0 W 1.... ~ CO > :Q ~ !c Q) .:-.:: - U "',,, ::J s: 0 ~ CO C C 04..." 0 ~ 1.... ~..... ::J ~ .J:) ~ W .- J- ~ :c Ln ~ 0 ~ Ln ~ I- M ~ ..... ~ Ul ~ 1.... W Q) QJ .J:) ,v) ~ E ~ CO ..c ~ U QJ - -S ~~. .- U) u .e c ::J QJ 0 :Q U t5 - ~ - ~ CO I c ~ 0 J- c. MINUTES #5 TIBURON DESIGN REVEW BOARD MEETING OF APRIL 3, 2008 (JIG ~8)-- The meeting was opened at 7 :05 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle (arrived late), Vice Chair Glassner, Boardmembers Chong and Corcoran Absent: None Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Harper B. PUBLIC COMMENTS Barry F ong spoke about concerns regarding the 13 Roseville Court application and discussion with the applicant on landscaping, lighting and the proposed turnaround. He said that changes to the turnaround had been approved by staff without notice to them and they believed the change is significant, as they now have a direct view of the turnaround. He voiced concerns regarding the fairness of the situation and not being informed about the 5-day appeal period. Victoria Fong said that the revised turnaround location would be located directly in view from their residence and she questioned whether this was a minor revision. She believed that it was disingenuous when something was worked out and then later changed, and felt that this would impact neighbors. C. STAFF BRIEFING Planning Manager Watrous stated that the Town Council had approved the amendment to the Hillside Design Guidelines with one minor word change. He added that the de novo hearing for the application at 430 Ridge Road was continued to the April 16, 2008 Town Council meeting. He also formally welcomed new Boardmember Bryan Chong. D. OLD BUSINESS BEFORE THE BOARD 1. 949 TIBURON BOULEVARD ZHANGNELASCO, NEW DWELLING CONTINUED TO 4/17/08 TIBtlRON D.R.B. MINUTES #5 4/3/08 E. NEW BUSINESS 2. 18 T ANFIELD DRIVE HARDIMAN, ADDITIONS 18 TANFIELD DRIVE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION JOL YNN HARDIMAN EXISTING PROPOSED REQUIRED 43,230 S.F. NA NA 2,492 3,519 6,323 MAX 4.60/0 5.20/0 15.0% MAX 23' 23' 30' MAX 20' & 31 '7" 20' & 20' 8" 20' 38' 36' 30' 53' 53' 25' NONE An application has bee submitted for the construction of an addition and alterations to an existing single-family home located at 18 Tanfield Drive. The addition would include the expansion of the existing upper level entryway, kitchen and deck. The garage would be relocated to the upper level and the existing lower level garage would be converted into living space to include a new bedroom and bathroom. Six new skylights would be added as well as a new driveway accessing the garage. Michael Heckmann, architect, described the project and his conversations with immediate neighbors. He said that most of the improvements would be hidden from the street. He described the new garage, new entry, the addition to the kitchen, and rear additions on the lower level. He presented the entry elevations which he said would emulate the existing character of the house with hip roofs and a partial gable on the main roof element. Boardmember Corcoran referred to the concern of the eave encroaching into the setback. Planning Manager Watrous confirmed that the eave would be reduced from 4 feet to 3 feet. The public hearing was opened. Rick Hicks said that he had no objections to the proposed improvements but voiced concerns about never being contacted by the owner or applicant. He encouraged sensitivity and courtesy to neighbors who have lived in the neighborhood for many years, noting the existence of barrels and debris in front of the house, parking of vehicles along the roadway, traffic congestion, and access concerns, especially during potential medical emergencies. Mary Hicks said that trucks are often parked on both sides of the street and she spoke of her experiences of having to stop, get out of her car and have workers move their vehicles in order to get out of the neighborhood. She also voiced safety concerns relating to emergency response vehicle access. TIBURON D.R.B. MIN UTES #5 4/3/08 2 Planning Manager Watrous said the Town's police and building departments are responsible for enforcement on public roads, but because Tanfield Drive was a private road, it would be up to the homeowners to enforce traffic and/or parking provisions. Mr. Heckmann acknowledged the current parking situation and said that during construction they will remove the debris from the site and much of the construction-related traffic would use the existing driveway as a staging area. He apologized for not contacting the Hicks' and said he would relay this request on to the owner. Boardmember Corcoran questioned whether the new driveway would be large enough for 4 cars to park on it simultaneously. Mr. Heckmann said that it may be tight to park two vehicles side by side, depending upon the size of the vehicle, but the driveway would allow four tandem parking spaces. The public hearing was closed. Boardmember Glassner stated that the project was fairly straight forward and that the issue with the eave encroachment had been solved. He believed that Mr. Heckmann would address the landscaping, screening, and construction management issues. Boardmember Corcoran felt that the project was reasonable and appropriately took advantage of the lower level views. He said that he was initially a little concerned about the smaller size of the new driveway but agreed it makes more sense in the proposed location. Boardmember Chong said that he visited the site and he felt that the project would not impact the neighbors and that the new driveway location was better. Chair Doyle said that he liked the idea of finding space at the back of the house for a useful addition. ACTION: It was M/S (Corcoran/Chong) that the project is exempt from the provisions of the California Environmental Quality Act and approving the application with attached conditions of approval. Vote: 4-0. TIBURON D.R.B. MINUTES #5 4/3/08 3 3. 34 OLD LANDING ROAD FOSTER, ADDITIONSN ARIANCE 34 OLD LANDING ROAD LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION JOAN AND MARSHALL FOSTER EXISTING PROPOSED REQUIRED 19,535 S.F. NA NA 1,345 2,597 3,954 MAX 8.4% 11.5% 15.0% MAX 18' 26'3" 30' MAX 9' & 7'8" 15' & 17' 15' 180' 173' 30' 8'8" 8'8" 25' REDUCED REAR YARD SETBACK An application has been requested for the construction of additions and alterations to an existing single-family dwelling and detached garage located at 34 Old Landing Road. The additions would add two bedrooms, a bathroom and master bedroom suite to the second floor. The first floor would be remodeled and expanded during the process. The detached garage would be demolished and expanded to include two garage spaces, an office and bathroom. The proposed second floor addition and deck would extend to within 8 feet, 8 inches of the rear property line, in lieu of the 25-foot rear yard setback required in the RO-2 zone. Therefore, a variance is requested for a reduced rear yard setback. Michael Albrecht, architect, described the project and said that the house is located on an irregularly shaped lot, is currently in a legal, non-conforming condition and they have tried to respect the setbacks as much as possible with the second level. He said that the existing single- car garage would be replaced with a two-car garage and office space. He said that the Foster's are trying to maintain as much of the original character of the house as possible. He noted that the Fire Marshall has objected to placing the two-car garage by the existing entrance of the house and they are trying to find an alternative location. There was no public comment. Boardmember Corcoran noted that the Board could provide feedback to the applicant, but could not act on the application as public notice was not properly given for the variance. Boardmember Chong said he visited the site and he liked that the design fits with the neighborhood and keeps the same style as the house. Boardmember Corcoran stated that he loves this street, but noted that there has been a lot of change going on in the area. He said that the design would preserve the rural character while providing more living space and keeping the lawn area. TIBURON D.R.B. MINUTES #5 4/3/08 4 Boardmember Glassner said that the proposed changes were not so much a remodel but an update and preservation of the existing home. He also agreed the street would best be served by renovations rather than major changes. Chair Doyle agreed that the ambience of the street and homes are fantastic and asked that the applicant continue to work with the Fire Marshal to resolve the driveway issue prior to returning to the Board. ACTION: It was M/S (Glassner/Corcoran) to continue the application to the April 17, 2008 meeting. Vote: 4-0. 4. 21 GILMARTIN DRIVE DOONE, NEW DWELLING 21 GILMARTIN DRIVE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION EXISTING 16,603 S.F. NA NA NA NA NA NA NONE TENNY DOONE PROPOSED REQUIRED NA NA 3,660 3,660 MAX 20.5% NA 30' 30' MAX 10'&32' 10' 5' 68' 5' 25' An application has been requested for construction of a new two-story single-family dwelling on property located at 21 Gilmartin Drive. The subject property is currently vacant. The lower level of the home would include a family room, living room, dining room, kitchen and breakfast nook, and one half bathroom. The upper level would include the master bedroom suite, three bedrooms with corresponding bathrooms, and a study. An attached two-car garage would be situated adjacent to the upper level, and a detached one-car garage with a rooftop deck would be constructed on a lower portion of the site. Two chimneys and four skylights would be installed as part of the home. Mohamad Sadrieh, architect, said that the circumstances of the site are such that they cannot lower the home further without eliminating the owner's view. He said that a flat roof was suggested to avoid impacts on the view for the uphill neighbor, which led to a more contemporary design. He said they have agreed to upgrade the planting as well increase the uphill screening. He stated that the main contention on the design appears to be the barrel vaulted roof above the master bedroom, which uphill neighbors feel unduly blocks their views. Boardmember Glassner asked if the owner was amenable to removing the barrel vaulted roof as he believed it was a true blockage of the Pruett's primary view. Mr. Sadrieh said that it is possible and deferred to the owner. TIBURON D.R.B. MINUTES #5 4/3/08 5 Tenny Doone, owner, said the barrel vaulted roof was proposed because of aesthetics and functionality. He said that this portion of the roof would provide the only architectural relief for the house and, if removed, the feel of the project would be lost. He said that the 16x20 foot master bedroom with a 9 foot high ceiling would be unbalanced. He said that they changed the sloped roof to a flat roof to accommodate the neighbor's view and said the ceiling height varies between 8-9 feet, while other homes in the area have 10-12 foot high ceilings. Boardmember Corcoran confirmed the height of the ceiling at its highest point at the barrel vaulted roof would be 14 feet. The public hearing was opened. Holly Pruett said she and her husband Don live directly above and behind this lot, and while they like the house design, they have an issue with the height of the house. She believed that the architect did a good job with the re-design and liked the house if the vaulted roof element was eliminated. She felt that the owner created a problem for himself by previously building the house in front of his lot a bit too high. She said that although the vaulted roof and its windows would add some light, there are skylights in the structure which make the lighting issue seem redundant. She thanked the owner for adding more trees which she agreed would benefit both neighbors, but she and her husband felt strongly about the need to remove the vaulted roof element and believed it did not add to any of his views. Boardmember Corcoran asked if it would help to shift the vaulted roof element to the right or left. Mrs. Pruett said that they discussed this but Mr. Doone has indicated that the element must be kept where it is, leaving this portion of the roof dead center in their views. Don Pruett agreed that the owner made a mistake in building the house in front of this lot and questioned whether or not it was possible to achieve additional ceiling height in the master bedroom through grading. He said while they are trying to be flexible and believe removing the vaulted roof element is a good compromise. Sarah Shottenstein voiced concerns about privacy due to an attached, one-car garage with a rooftop deck which would be situated near their driveway. She asked that screening be added so people on the deck would not be able to look down on them while they are playing with their two young children in the driveway. She also said that her neighbor at 15 Gilmartin Drive could not be present for the meeting and had similar concerns. Mr. Sadrieh said that the building envelope restricts the placement of a garage and the detached garage provides them with additional parking and guest parking. He did not think the area would impinge on privacy and agreed to provide screening. He described the two-car garage and living room in front of it and said it could not be moved without going outside of the building envelope. Chair Doyle said the applicant has indicated they do not want to lower the house due to the potential view loss and they also want to incorporate a vaulted roof element to achieve lighting. He said that this did not sit well with him and he suggested the applicant vary the roof height, TIBURON D.R.B. MINUTES #5 4/3/08 6 add some clerestory windows, or consider dropping the house one foot deeper into the hillside which he felt would not significantly affect the views from the new house. Mr. Sadrieh acknowledged that there were many possible architectural solutions and said that the views are significant to the owner. Mr. Doone added that they looked into shifting the primary envelope over by 14 feet but did not pursue this. He said that much of the house would be lower than Gilmartin Drive relative to the street and that a lot of grading had been done on the lot. Boardmember Corcoran said that Gilmartin Drive is a fast and steep street and two driveways are proposed instead of one. He questioned whether there should be a 3-car garage rather than a separate detached garage due to concerns raised by Ms. Schottenstein. Mr. Sadrieh described the ability for guests to park below near the detached garage and access the house from the front. Mr. Doone spoke about the importance for the sense of entry, stating that he did not believe a string of garage doors was an appropriate aesthetic approach to a home. He said that he wants to give the house the approach it deserves. He believed the design was the result of compromise and revisions and was radically changed from the previously denied sloped roof to a contemporary flat roof design. He said that the uphill neighbor should not expect to enjoy a 100% panoramic view forever and neighbors had clear knowledge that a house would be built on the lot when they purchased the property. He presented pictures of the story poles taken from this review and the last review and asked for the Board to acknowledge that many concessions had been made. Mr. Sadrieh believed that they were very close to working out something and that the only issue was the vaulted roof element and the building height. The public hearing was closed. Chair Doyle believed that the design fits the site and he liked the materials. He acknowledged that this is a challenging site, as it was the last lot in the neighborhood to develop. He found it difficult to approve a design that would sacrifice views for a neighbor for space of air above a master bedroom. He said that lowering the house would change the views from its lower floors and suggested that if more light was needed a 2- foot high clerestory window area could be added. Boardmember Glassner acknowledged that the vaulted roof element does intrude into the Hicks' water views. Boardmember Corcoran said that the house could be lowered or cut off the vaulted roof element with some curved windows that reflect the lower windows. He suggested further excavation, stating that the house is not dug in much now. He said that one foot could be taken off the lower level and second level ceilings while keeping the vaulted roof element. He said that there needs to be a balance and let the owners decide which approach to take. He said that he was not totally sold on the driveway situation and did not like the two entrances onto the property, but believed Mr. Doone made a compelling argument for a grand entrance. He suggested chopping off the roof element or combining changes with lowering the house into the site. TIBURON D.R.B. MINUTES #5 4/3/08 7 Boardmember Chong said that he liked the vaulted roof architecturally, but as he sat at the dining room of the uphill home he agreed that the roof element would remove a significant portion of their view. He said that it was difficult to support the house with this view blockage just to provide additional ceiling height. Chair Doyle said that he did not have an issue with the separate driveways and detached garage. Boardmember Corcoran felt that the rooftop deck on the detached garage would cause a privacy issue. He asked about the status of the lot line adjustment and whether the current design reflects the lot line adjustment approval. Mr. Watrous said the lot line adjustment had been approved and the Board's decision would not affect this decision, as there were no improvements proposed in the area of the lot line adjustment. Boardmember Glassner said he could not support the project with the vaulted roof element because of view impacts, but said he was not concerned with the deck on top of the garage. He suggested a new roof concept, utilization of clerestory windows and/or possible excavation of the site as an alternative. Mr. Watrous noted that in terms of the light in the bedrooms, the master bedroom faces south and this room would therefore receive a lot of light through its windows all of the time. Chair Doyle believed that the design was better than the previous plans, but he could not sacrifice someone' s views for air space and suggested eliminating or lowering the vaulted roof element. Mr. Watrous noted that the staff report includes a possible condition of approval that would approve the house but eliminate the vaulted roof element. It was the consensus of the Board that it should be up to the owner and architect to come up with the best solution. ACTION: It was MIS (Corcoran/Glassner) to continue the application to the May 1,2008 meeting. Vote: 4-0. F. APPROVAL OF MINUTES #4 OF THE 3/20/08 DESIGN REVIEW BOARD MEETING ACTION: It was M/S (Glassner/Corcoran) to approve the minutes of the March 20,2008 meeting as written. Vote: 4-0. G. ADJOURNMENT The meeting was adjourned at 8:35 p.m. TIBURON D.R.B. MINUTES #5 4/3/08 8 ]. ACTION MINUTES #6 O/G€sr TIBURON DESIGN REVIEW BOARD THURSDAY, APRIL 17,2008 1505 TIBURON BOULEVARD A. ROLL CALL: Present - Chair Doyle, Boardmembers Chong, Corcoran and Glassner Absent - None Ex-Officio - Planning Manager Watrous, Associate Planner Tyler and Assistant Planner Phillips B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. ST AFF BRIEFING D. CONSENT CALENDAR 1. 2. 1 Main Street 9 Main Street Caffe Acri Servino Ristorante Sign Permit CONTINUED TO 6/19/08 Sign Permit CONTINUED TO 6/19/08 E. OLD BUSINESS BEFORE THE BOARD 3. 4. 949 Tiburon Blvd. ZhangN elasco 34 Old Landing Road Foster New Dwelling CONTINUED TO 5/15/08 AdditionsNariance CONTINUED TO 5/15/08 F. NEW BUSINESS BEFORE THE BOARD 5. 9 Palmer Court Mast FenceNariance APPROVED G. MINUTES OF THE 4/3/08 D.R.B. MEETING - APPROVED AS AMENDED H. ADJOURNMENT - 8:10 P.M. DIGEST ~. RICHARDSON'S BAY REGIONAL AGENCY Thursday, April 17, 2008 5:30 P.M. to 7:30 P.M. Sausalito City Council Chambers 420 Litho Street Sausalito, CA PUBLIC COMMENT IS INVITED CONCERNING EACH AGENDIZED ITEM PURSUANT TO THE BROWN ACT. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES. AGENDA REceIVED APR 1 5 2008 5:30 P.M. CALL TO ORDER - ROLL CALL 1. Closed Session to discuss threatened or pending litigation TOWN MANAGERS OFFICE TOWN OF TlBURON 2. Minutes of February 7, 2008 Meeting 3. Review report of Harbor Administrator 4. Approval Resolution amending A W AF Grant to accept additional funds. 5. Approval of prior expenditures for February and March 2008 6. Discussion of Goals and Work Program for FY 2008-09 a. Mooring Program draft work program 7. Discussion and approval ofRBRA Budget FY 2008-09 8. Mooring Plan status a. Approval of Resolution renewing Clem Shute contract 9. TMD L status a. Board letter 10. Public comments invited concenling items NOT on this Agenda (3-minute limit) 11. Staff comments 12. Board member matters Adjourn. NEXT MEETING: Tentatively planned for June 19, 2008. Please review your calendars and advise Staff as to your availability. A COMPLETE AGENDA PACKET IS AVAILABLE FOR VIEWING AT THE SA USA LITO CITY LIBRARY. TO RECEIVE AN ELECTRONIC MEETING NOTICE, PLEASE EMAIL REQUEST TO DON ALLEE AT dallee(fjJco.marin. ca. liS Marin County Community Development Agency, 3501 Civic Center Dr. Room 308, San Rafael, CA 94903 Office 415/289-4143 bprice@co.marin.ca.us RICHARDSON'S BAY REGIONAL AGENCY MEMORANDUM April 11, 2008 TO: RBRA Board FROM: Ben Berto, RBRA Clerk SUBJECT: April meeting Things are looking up for this important RBRA meeting. The first piece of good news is Bill and I both overflew Richardson's Bay and conducted a water-level census of all anchored-out vessels. Quite a mixed array. For the first time, we now have vessel counts, identities, and locations. The material is so fresh that I don't have any details to include in this packet, but we should have something to report at the meeting. The budget and what programs it will support in this upcoming fiscal year is obviously the number one agenda topic, and the nlost important decision the Board will make at this hearing. Board Member Collins has a conflict that will likely result in him missing this meeting, but he will undoubtedly catch up quickly. There is an opportunity for the Board to re-examine the Agency's overall mission and program goals this next Fiscal Year. There seems to be an increasing realization that the bare-bones approach that the RBRA has previously taken makes it difficult to address emerging/evolving issues, for example, recent anchor-out trends, or mooring program challenges. Staff is including in your Board's packet an updated Mooring Work Program, proceeding on the basis that this is the primary program to address anchor-out issues. However, the Board Chair has brought up some good points about developing a global perspective on RBRA' s functions, and not inextricably linking the mooring program and anchor-outs. There is some decent news about the budget. Staff further sharpened our pencils to give the Board a couple of budget options. One would provide limited budget growth in areas that Staff anticipates program growth (e.g., developing a work program for the RBRA including addressing anchor-outs generally and furthering work on the mooring field, stepping up on the TMDL issue, and reinventing our rapid response program) while avoiding any RBRA member cost increases. The other option provides for additional legal capability, both for our anchor-out consultant and for enforcement. This involves additional RBRA member government contributions of $40K. Staff has provided a breakout of what this would entail to each RBRA member jurisdiction (see attached). The public comment period on the proposed Total Maximum Daily Load (TMDL) being promulgated by the State Water Resources Control Board has ostensibly passed. Unfortunately, both the draft TMDL release and the Control Board's public hearing fell between RBRA Board lneeting dates. However, the Control Board has not taken formal action in adopting the TMDL. A recent court decision in southern California (see attached announcement) goes to the reasonableness issue at the heart of local concerns about the TMDL. Staff has prepared a draft letter (see attached) for the Board's review that states a possible RBRA position, including a reference to the Court decision. Bill has done a stalwart job of scrambling for (and securing) some additional A WAF funding to keep our boat wrecking activity operational until the new Fiscal Year. Kudos to Bill for his above-and-beyond efforts in this regard. See you Tuesday. RICHARDSON'S BAY REGIONAL AGENCY MINUTES OF FEBRUARY 7, 2008 HELD AT SAUSALITO CITY HALL CHAMBERS MEMBERS PRESENT: Board Chair Jerry Butler (Belvedere); Paul Albritton (Sausalito); Dick Collins (Tiburon); Ken Wachtel; (Mill Valley); Charles McGlashan, (Marin County) ABSENT: none STAFF: Bill Price (Harbor Administrator); Ben Berto (RBRA Clerk); Jennifer Vuillermet (Marin County Counsel) Session Called to Order at 5:32 PM. Pledge of Allegiance Minutes of December 20, 2007 meeting Minutes were approved unanimously. Accept Report of Harbor Administrator Staff explained that the Coast Guard had agreed to conduct monthly meetings with all local first responders. The Board asked that the Coast Guard be invited to a future RBRA meeting. Lee Braun, a building official from Belvedere, asked about the Coast Guard response during the stonn. Mr. Price responded that the Coast Guard was limited by regulations that directed only a certain type of response, given the heavy weather conditions and the shallow location. Lewis Tenwinkle asked who initiated the Rapid Response call to rescue the tugboat, and Price responded that residents of West Shore Road made the initial calls. The report was, accepted unanimously. Nuisance Abatement hearing for "Emerald Sea" - Al Abono Jr. Mr. Price was sworn in and read the Notice of Public Nuisance. He then proceeded to give his testimony as to why the vessel constituted a Nuisance. Alan Caplan introduced himself as an attorney representing Al Abono Jr. and stated that his client was looking for a berth for the vessel. He requested suspending the proceedings for 60 days, questioning jurisdiction with respect to vessel location. Member McGlashan responded that the Board would first detennine if the vessel was a nuisance and then consider a 60-day implementation period. Mr. Caplan asked for the case report of the Coast Guard response on the day the Emerald Sea was found dragging anchor, and he wanted to see a map of the RBRA's boundaries. Mr. Abono gave his testimony, describing the vessel's anchoring system, its particulars, including that it had 1,000 gallons of fuel on board but could hold 14,000 gallons, and the weather co'nditions. He acknowledged that the vessel did drag during storms, but he and crew were aboard the vessel at those times running it into the wind. He asked about living aboard the vessel but was told by Staff there were regulations against it, and that he was dealing with issues surrounding the oil spill and other financial issues. Mr. Abono stated that he would be happy to move the vessel after 30-60 days. The vessel had been in the Bay since 1998, has never been cited by the Coast Guard, and is safe. He said he believes he has the right to free anchorage. If an 85' vessel is too Inuch, he should be able to look that up. Member Collins asked if he had controlled the drift of the vessel with his engine and Mr. Abono replied in the affirmative. Member Collins asked Staff if the anchor aboard was adequate and was told that the anchor would be insufficient by itself to hold the vessel in inclement weather without crew aboard to Inonitor the vessel and ensure it stays in position. In the event of an emergency situation, it would be beyond the capabilities of responders to address. Member Albritton asked about the legally allowable length of time to anchor. Mr. Price responded that there is an initial 72-hour timeframe, then 30 days, which can be extended twice for a total of 90 days. Member McGlashan asked if there were any size restrictions in the RBRA code and was told that there were none. Chair Butler closed the testimony and said there were three options: I) terminate the hearing and abatelnent action, 2) adopt the resolution or 3) order abatement. Member Collins suggested that Mr. Abono could abate the nuisance within a prescribed time period, for example 60 days with a requirelnent that the vessel be manned during any period of inclelnent weather. Member Albritton said that we should act now, and not later after we get high winds; that the vessel was too large and carried too much fuel. He is sympathetic to the 60-day abatement time frame, suggested that the owner be available for emergency on call, and the vessel be Inanned during inclement weather and that Mr. Abono report the vessel's location every 10 days until he has left the bay. A motion was passed unanimously declaring the vessel a Nuisance, to be abated within 60 days, manned during inclement weather, and with its position reported every 10 days. Mr. Caplan requested that a written notice of the action be forwarded to him. Member Albritton stated he did not like the new trend of large unmanned commercial boats staying for extended time periods and wanted to draft a policy to prevent this. Discussion of the recent storm of January 4 Lee Braun, a building official from Belvedere stated that 5 vessels hit the shore in Belvedere, and said that the city was under siege during any high wind event. Mr. Tenwinkle stated that there had always been big boats in Richardson's Bay, up to 20 - 30 commercial boats, and that if we got rid of all the boats there would be no impact on the houses. Member Albritton pointed out that the Rapid Response contract had expired, and he was concerned with the events of the day. We need to take a close look at what happened and why, and improve on that scenario, perhaps by developing new resources in the Search and Rescue (SAR) group, the fire department and the Sheriff s office. He reiterated 2 concerns about the new trend of large unmanned commercials vessels extended stays, citing reductions in cOlnmercial fishing and NOAA fishing license buybacks. Member McGlashan asked for Staff comment on the Rapid Response situation. Mr. Price recounted how the incident occurred, and described the longer and more uncertain timelines for Parker Dive Service to now respond. Member McGlashan asked for Staff to work with Tiburon Fire District. Staff responded that Tiburon Fire had modified their mission statement because they realize they do not have this response capability. Member Albritton felt that this incident would be impetus for the Mooring Field plan to be passed through, perhaps with assistance from federal legislators. Member Collins suggested that a detailed report on the events of January 4 would help sort out what to do. Peter Moorhead, retired harbormaster, said that he believed Todd Estrella was ill-trained and poorly equipped. He stated that Dave Gissendaner, of Dave's Diving, had a vessel anchored out, and thought there was a conflict of interest and questioned whether he was the best qualified. He asked if there had been an request for proposals. He stated that the reason why a Rapid Response program was needed was because of ineffectual abatement. Additional large boats were probleInatic. He suggested that a pamphlet be created to explain RBRA's anchorage regulations, to be passed out to newcomers. Gary Estrella, Todd's father, spoke and explained that Todd had been well trained as a commercial diver and had a Coast Guard license. He cautioned about the need to make sure that the contractor had proper insurance and the crew was sufficiently trained and safety conscious. He thanked all the people that responded in his son's rescue. 6:15 PM Two Board members departed: Dicl{ Collins and Ken Wachtel. Approval of prior expenditures through December 2007 and January 2008 The expenditure report was approved unaniInously. Men1ber Albritton addressed the midteIlli budget by saying that the large vessels wreaked havoc on our funding and that we should develop a long-tern1 spending plan to deal with this issue. Mooring Plan status Member McGlashan said that there was funding in FY 08 to move forward with the legal analysis by the legal consultant.. He wondered if there was a way to set up a Memorandum of Understanding with the BCDC, considering lives were at stake. The MOU would create a recreational Inooring field, and encourage people to move onto a secure mooring. Member Albritton suggested a minimum amendment to the McAteer- Petris Act that would not take away from the BCDC's jurisdiction but clarify long-tenn anchorouts as recreational vessels allowed to hook up to a ball. Chair Butler felt if the two iteIns were divided they might be able to move forward. Right now a recreational mooring field ~nd anchored-out vessels were linked too tightly. Member Albritton felt we should have a Ineeting with BCDC sooner rather than later, and was iInpatient to move forward. In addition to facing legal issues and BCDC's (limited) 3 enforcement capabilities, we were facing a raft of other issues like the EIR, location, jurisdiction funding, etc. He recommended that we stop spending money on studies and research and spend it instead on implementation. Two-ton chains with a 250' crop circle raises environmental concerns. Member McGlashan stated that BCDC has the permit authority, and that we have to ask what to do to get it. Member Albritton said they would not act until local jurisdictions had, and BCDC wants a comprehensive presentation. Melnber McGlashan suggested we invest in legal aid concurrently with the other items. Louis Shireman from the Floating Homes Association suggested getting working on an anchor-out amendment in Sacramento. Peter Moorhead gave the newest RBRA Board members his chronology of the last 25 years in Richardson's Bay. He stated big mistakes were made. Member Albritton responded that public comment, outreach, and education have to occur before making plans. It will be a long haul with BCDC. Mr. Moorhead stated the plan has too many low income vessels on moorings. He questioned the anchorout numbers, and stated enforcement was needed. Clay Bell, an anchorout, stated he did not intend to spend the rest of his life on the anchorage, citing concerns with the environmental damage. Lewis Tenwinkle suggested a special tax on anchorouts. Mr. Berto stated that extensive public outreach was contemplated before taking any plans forward. Chair Butler said that all options should be explored. Member Albritton supported a healthy public debate. He reported that Imagine Sausalito, a Sausalito maritime group representing a broad spectrum of interests, had a favorable response to the mooring plan concept. There were important steps outside of legal and BCDC. Enforcement is a problem of resources. Budgets are tight, for example the Police Department could not afford a boat and is sharing with the RBRA. Member McGlashan suggested meeting with legal advisor Clem Shute and getting advice on the mooring field work plan. He asked what analysis would be necessary to go public. Peter Moorhead asked what was proposed on the mooring plan spreadsheet. He believed a transition period relying on an attrition rate was a dead end with BCDC. Joe Lemon Jr. stated he wonders why anchorouts represent that they don't understand that they aren't pennitted to live there. Member McGlashan suggested relooking at the business model and checking the feasibility of a purely recreational mooring field. A serious investigation should be made of the business case early in the work program. TMDL Update Member McGlashan reported there are gaps in knowledge between County Environmental Health Services and the sewage agencies. RBRA may be able to secure some budget revenues by offering a deal with the agencies for its level of expertise for services such as signage posting and water quality testing. 4 Louis Shireman from the Floating Homes Association said he was very concerned that they did not get notified about the sewage spill, and they should be next time. Mr. Berto stated that additional services should be considered as part of the discussions on how the RBRA grows. Items from the Public not on Agenda None Board Member Matters Member Albritton stated that his Council had directed a re-evaluation of the funding allocation between jurisdictions. Planning should occur for revenue sources other than City budgets because cost increases are difficult to get. Members of the public questioned the cost of wrecking versus enforcement, and suggested putting money into getting houseboats off the bay, including considering reselling. Items from Staff A mOlnent of silence was observed in remembrance of Todd Estrella, and the Ineeting was adjourned in his honor. The meeting was adjourned at 7:45 PM. The next meeting is scheduled for April 17, 2008, at the Sausalito City Hall Council Chambers at 5:30 PM. Submitted by Bill Price and Ben Berto. 5 RICHARDSON'S BAY REGIONAL AGENCY HARBOR ADMINISTRATOR'S REPORT April 1, 2008 WORKING RELATIONSHIPS · Dept. of Boating and Waterways - 1) Submitted on March 1, 2008 the final reimbursement request from the 07-08 grant, totaling $79,571. This amount will spend down the entire grant amount for this year. 2) Supplemental 2008 funding was achieved through the Marin Co. Sheriff s Office, but that grant amount is only $14,000, which will be held for emergencies until the new grant is approved. 3) Application is on file for an A WAF grant totaling $121,000 for FY 08-09. Approval is expected after July 1,2008. · US Coast Guard -Monthly meetings have been conducted at Station Golden Gate with USCG staff, Marin Sheriff, Sausalito Police, Marin Co. Fire Department, and Tiburon Fire District. A joint training workshop and exercise will be held 4/4/08, which will be extremely helpful for Sausalito P.D. water patrol officers. Working to increase communication between Sector San Francisco and local agencies. · Marin Sheriff - 1) Worked in conjunction with MSO to identify a sunken vessel off of Paradise Park. Vessel to be disposed of by RBRA once it is raised and retrieved. 2) Additional vessel will be removed from the mouth of the Petaluma River as part of the MSO A WAF transfer agreement. · Sausalito Police Department - One of the water patrol officers has taken on staff training duties for the patrol boat. He will train his officers in vessel operation and safety, and Staff will accOlnpany on final test day to sign off on the prospective candidates. DEBRIS REMOVAL · Debris removal has slowed due to budgetary constraints. · Disposed of 5 vessels as well as 3 skiffs. 2 boats are currently impounded. One vessel was taken off the anchorage in negotiated actions. · Testified before the Assembly Transportation Committee is support of AB 1950, the Surrendered Vessel Bill introduced by Assemblyman Ted Lieu, which would make it possible for a responsible boater to surrender his derelict vessel and take it out of the Inarket. It also increases fines for abandonment of vessels. The Committee approved the bill unanimously. RAPID RESPONSE · One vessel was rescued before hitting the shoreline and a large raft was towed away that had broken free from the Waldo Point houseboat marina. WATER QUALITY · Have been heavily involved in meetings directed toward the pre-ordained adoption of the TMDL's by the Water Board. Working closely with Environmental Health, MCSTOPP, and the various sewerage agencies to develop a plan that will satisfy the Water Board. OTHER · Attended a seminar on oil response in Bolinas. In discussions with OES regarding the placement of a trailer equipped with oil boom, stationed in Sausalito near quick water access. RICHARDSON'S SAY REGIONAL AGENCY . RESOLUTION NO. 07-02 RESOLUTION OF THE BOARD OF THE RICHARDSON'S BAY REGIONAL AGENCY AGREEING TO AMEND CONTRACT # 07-214-501 WITH THE CALIFORNIA STATE DEPARTMENT OF BOATING AND WATERWAYS WHEREAS, the Department of Boating and Waterways of the State of California (DBW) has agreed to amend their Contract # 07-214-501 and provide $ 11.500.00 in funding to be used to remove Abandoned Watercraft from the waters of Richardson's Bay, and WHEREAS, it is agreed that the Richardson's Bay Regional Agency will pay 100/0 of the total A WAF grant amount of $11,500.00, or $1,150.00, for all invoices related to this work, and WHEREAS, it is agreed that the Richardson's Bay Regional Agency shall submit no invoices for staff time to the DBW unless Staff is directly involved with the physical aspects of vessel disposal. NOW, THEREFORE BE IT RESOLVED, as follows: The Board of the Richardson's Bay Regional Agency authorizes the execution of this contract with the Department of Boating and Waterways. PASSED AND ADOPTED at a regular meeting of the Richardson's Bay Regional Agency, this 17th day of April, 2008. AYES: NOES: ABSENT: BOARD CHAIR JERRY BUTLER ATTEST: CLERK OF BOARD BEN BERTO FEBRUARY 2008 BALANCE SHEET CATEGORY ACCOUNT NAME REVENUE: EXPENDITURE Oth Maintenance MT HEAD 60.00 -------~-~_._- -~-_._---"-_. -~-- _.._..~------ Oth Maintenance MT HEAD 60.00 --_._~------~- - - .----------- - -~ --..----.--- Oth Maintenance MT HEAD 60.00 ------_._----~._-- _...'-._._--_._--~~----------_.._.- -- -- ----------------- .-----..- - ---- ---------------------.-- Com Srvc - Cell Phone :AT&T MOBILITY .; 116.82 Oth Maintenance j Maint & Repair Supplie~s-=Othe-r-rvfa-intenEmce-Tu'-~1-59..46T------ ____~_ _ --'-"-1 _u______"_'_'_______'__,____n;-_ _ _____,n___ .+-_'__~'___,._ u__ Oth Maintenance ! Maint & Repair Supplies - Other Maintenance . -5.38 i Q~~ Ma-j-ntenance '---rMaint &__Repair S_upplies - OtherMaintenance!~---------~:--------49~35 -----.------~---- - - --------.--------------------u.---r-- ----- -----.---'0 -l-----.-.~.--------.~.-- _Q,th M~lQ~enan.~__J Maint & Repair Supplies,: Othe!_ Mainten~0ce L-----------l--,-----~~2 Oth Maintenance f Maint & Repair Supplies - Other Maintenance i i 13.67 Oth-Maintenance ~__=:@aint & Repair Supplies - Othe~~ M-~intena~~_~~[-~_~___=_~~j__,,~==_-=---2y~~ Oth Maintenance i Maint & Repair Supplies - Other Maintenance , ! 64.59 Oth Maintenance-'----'---1 Maint&-Repair Supplies -~-bthe-r~Mai~ntenance~-l---- --n~----T- ---- '-----7.48 OthMa i ntena n-~e-==--==I M T H EAD-~_-~ -~-=---__~-=~=_~=~~=---: n -_-~'~~_ n,~_=[~___~-=~=~o. 0_9_ Com Srvc - Cell Phone !AT&T MOBILITY i' 64.38 B~~~ilI~I~~~__l}p=_----_-lld~~KK-G..Q'{!=_f3,~M~~t:rr~~~~RVICES--=-E-Ff ~T' ---------,~- '[ m'____ _~32.~~ Co~__~~~ Bro<,3g~~m~,LINT~~_NE~ CONNE~ILQ}\~ _~_ n __ ___ 67_.X9 Com Srvc - Broadband : EARTHLlNK 5.90 -.---------.-------------------- - ------------.---------------- ------ Trav-Meals VOUNTEER LUNCH 25.73 ----------.--..- ..- Trav-Meals VOUNTEER LUNCH 16.85 -----~----~-._-_. .._-------"..- - --~---_._------_._-_. --.-..- - -- --- -.--- ._- ------ TrC!y'~~~~~______ ____L'!'{~I~B~E9R WORK ~~~y'{ _ ,_____,____ _~ _____r~3~ ~Qf!l~~_~~0?l!..e~,_ , !l!~~_~~K GOV~~fit0J=_~T SE~YICES -EFT __ ~~~85 Po~t_~[~___ ____n_ _ _ ~__;~~,?YQ~I OFFICE '~__m__n_'_u ~_____~~L_l~ ,!3~r:!!__=_2!L~p~5~~ ' ICB ASSOCIATES - OFFICE RENTAL __ ,~,__ __ _~m_j.?~~gg ~~OL?~~~_~__C2t~~r _M~F~TIf\J_~13..9~_=_~~~y!=~~~L g_~_~Q~)II9N _ _ ,t~.._?~~:~Q !:i_~,zJv!~,!,Clea_n_~pu :~~p~~~~~_X~!3g_=_tlAUL LG. VESSEL 1~~~~~g_~_ ~rQ!_~Y~~ -~~g_~ I ~!-_E c;,~_~~ ~E E_~-=-~l::l_l}T_E 350.00 ProfServ-CntySalRe : SALARY & BENEFITS 13,852.48 -$164.84 $46,567.14 MARCH 2008 BALANCE SHEET CA TEGORY ACCOUNT NAME REVENUE ! EXPENDITURE Prof Svcs - Other (PARKER DIVING SERVICE - SALVAGE , 2,250.00 ~~L?~~~~~-Qili~i___-~~-==rDIEGO-TRUCKREPAIR - -TO,^TVE-SSELUP RAMP~L_-=--_~-,=~~_=~~~~_~~=u12[-OO ~~~f S~~~~he~____u_ iPARKER DIVING SERVICE - SALVAG~___~--L_______L__ 2,000.00 Prof Svcs - Other IDIEGO TRUCK REPAIR - TOW VESSEL UP RAMP i i 250.00 Ren!~_Q~~pace ISCHOONMAKER MARINA - PATROL SLIP RENT 1/2 i 147.50 Rent - Off Space !L1BERTYSHIP WAY - DRY STORAGE --i-------r-- 240.00 Rent -=-'Offspace-------rScHoONMAKER POINT - WASTE AWEIGH SLI-P---T------~----T- 275.00 Haz~at-gl8aQ_l!p~_-,-~~AY CITIES REFUS-E SERVICE INC ____-=~=~-_-T~~___=_~~~-__ j~~___-},236.QQ_ _~~~~__=_~~jp Rental,_~ HERTZ EQUIPMENT - BACKHOE ___,________,__L________ __~_--~---~ ,460.20 QQ1_,ry1_9j~_t~r],~~_~____, I MT HEAD ,______________~_J____~_ ______~______~o.oo ~er:!!~~i~b~r?~ ?_.Du~~_JCAHM & PC HARBORMASTERS ASSC?_~"- Du~~___L,________1-----?J5.90 Maint &}~~JL~~~_l:!_ip iPRICE, WILLIAM G ,~________L__n~______t----~~J~ Prof Svcs - Other iDIEGO TRUCK REPAIR INC I i 350.00 ProTSvcs--Other ------'TPARKER DIVING SERVICE - SALVAGE------- ---;-- __un' ------r--'--- 4,550.24 !:~gI~:i~~-_~-9J5er--m i PARKER DIVING SERVI~~_~~~1~~~~- -- -------~=:_-~=~~~~~:'=:~~~____ 3,500.0_~ gg~_~ry~~_g_~_~I_J=>_~_on~l&T MOBILI~'f__________,_ - __ ,___~,_" __ 48~26 t1(:l~_ry1?t CI~91'l_Up____ ____. ~!3~'(_~ITIES REFUSE SERV~~_If'J_q : _~_,l~1.?, ._n ----.--- --t --- ,!3.e~t. ..~quip Rental j I}EF3J_Z_,~QUIPME~T - BAC':<HQ~_u _,--- __u____._' _5_?t.5_5 State - Grant !STATE GRANT - AWAF REIMBURSEMENT -32,564.061 ~1,~[~~-_G!~~~3~t{~~6!~-I~Q9~_NG RENTAL ~ Borguin ~_-'~-,-~-~-- _u-~36-Q.QQL~~~=,-:'==_~_~_~, Sales and Services iGATES COOP - DOCK DISPOSAL -1,282.50 __.__~~______ .__._.___ _.__.._.__.~_~____..__.____________ - _. ---___.__0..__._-------- ___________ S~~?9r]d_ S~ryi_~~_~_,,__ 199sh_~I!_!::t,~nd ~g~R~~!lleEl_~" -190.00 ________,____ Sales and Services :MOORING RENTAL - BORDELON -300.00 "-------.---- -- --- ----.,. -- --- ~----------~._------------ ._- gOQ1~rvc - ~a9~~?_____u _~c:;QQ!S_~~_GING _____u___ Com Srvc - Broadband INTERNET CONNECTION _._.__ . _ _ ____ .._______________ _._. ..______________.._ n_ _____._____________".,_ Com Srvc - Broadband EARTHLlNK ~_._- --.-.....--- . -. .--......-----.'-- ..- .-._------ Trav-Gas-Non-Garage . FUEL I~~Y~-Gas-Non--c; arag~__ ___~_Q_~(-' Tr9_~-Q9~_-!'J()_~,-,<3(3!~H~_ FUEL ______________ _TL~Y~IjQ~el ~()~_gjr1g CAHMPC BOARD MTG OXNARD T ray - Other car rental refund ________... __. ___ ___. ____.__.__ _---_0. __ _ ________ ._____ _ ___ _ .._. _ Trav - Other CAR RENTAL ______,_..____.,..,._._______. __ __________.______________ ____ u_u Trav - Other PARKING ___..__ _ ___ _~______n_ _____________________u p_~~ta.g~ _,~~_f'g~!OF~lq~, ___ __un' Oth Maintenance TOOLS AND SUPPLIES _ ~.______.._ u__ ____._..__ ___ ._ _.__. ______.~____._.___.__.______ _ __ .__ Oth Maintenance TOOLS AND SUPPLIES - ---- ~ - - ---- .-.---... ---------------- _F3~~t - O!fn~pa~e_ . ,~_I_E3E_~TY?!_f~yvA y,~g!3Y ~!9~~,gE_ . ,F3n~.r1!u ~9!!_?~~~,~_ n'~~!_fQq~MAKER_~91~T_=_\^.I~~I~/\WE:I_~H SLIP ~~,~~_~Q~_~PCl~~ ' ~_~,~O()~_~_~!S~_'3_~~~If'JA - PATROL ~L1P RENT 1/2 Oth Maintenance MT HEAD -- -.-- "--,.- - .-----.- - -----.. .-- ---.- ---~----- .---------.---------- ---~ - ~~nJ_ - qf!,?J:?9~~ 1_91?_~?_?<?glA"!ES - o!!i~~___ 1?_'-9,g~_ ~.~~()un~~n~~,n_~_ _(:;.?sh on l1and at Departme~~_ Sales and Services GATES COOP - WATER-HI -_.~-.._~.~_._----------------~--- -- ------ ------._------------------ _~.?_z.~1at Clean Up Debris remova~l~~_=__J?_~_bel" 10.00 - - - - -- -. ._------~._-- 67.52 __ ____ ._ ___.___u__ 5.90 -- ----.------ 30.28 27.39 --------.. -----------.- 30.16 ---------~.- 154.98 -45.56 \ 151.87 - -- ----------- 15.18 15.63 -- --.---.-- -_.__.~ 84.10 - --------.-- 55.92 240.00 --------------- 275.00 - --- -- ---------- 147.50 ___.__. _~_v~____~ 60.00 --.-------- - 420.00 -300.00 -1,553.00 516.68 CA TEGORY n~a~~a_t_q!~~_~J:J p _ __,___ !i~_zMc:l!..9J_~9!UdE ,_____ t!.9.?_~~!g_I~C!.,!Lp_ u ACCOUNT NAME REVENUE [EXPENDITURE ,Debris removal fees - "Isabel" 600.35 -----------_._~~---_.- - - - -.---- Debris removal fees - "Isabel" 297.66 --_._-----------------_._----~---_.._--- ..._-------- - --- -~-- - ----------.-- Debris removal fees - "Isabel" 347.75 ---- --.--------------.----.--..----.--- ... -._-- --.------.---.- -----..-- Haz10_~!_gl~_Cl~J='l?n'_ n '_LQ~ris--.!:emova.~ fees - "Isabel" ______nn'n__ __ 'n_ _n____________}6~~1 Com Srvc - Cell Phon ,Communications Services - Cell Phones -6.83 B~i~~}_~~~~~Qp___=_~_i~Ayn gITIES-REFU'S[~ER~~1JNC n==~__~-_~~_u,_ ' ,nn -963~nb Rent - Equip Rental : HERTZ EQUIPMENT - BACKHOE __~__~_~_-_-_--n-,--r----=-=~59.?7 .901]1 S!"c~~Pagers---TCOOK PAGING ; i 10.00 Bldg~_,~ Grounds Rent iMOORING RENTAL - Kelley ___,____~_______=I'______:.15Q.:QQln'~-'~~-:=~ Bldgs & Grounds Rent IMOORING RENTAL - Kelley i -150.00! -$36,841.951 $27,600.04 Percent of Budget and Percent of Year as of March 31, 2008 Remaining 25% Fiscal Year Total Budget Expenditures vs. Budgeted Expenditures Remaining 9% Expenditures Adopted Budget $263,945 $291,179 Revenue Remaining 17% Expended 91% . --I Realized Revenue vs. Budgeted Revenue Realized Revenue Budgeted Revenue $238,331 $285,627 Realized 83% April 5, 2008 Administrative Draft Richardson Bav Moorinq Field Work Proqram 1. Describe current conditions and research history 2. Develop goals and objectives, including: water quality, resource protection, boater demand, equity and fairness, cost effectiveness, reduce problems, etc. 3. Budget a. Preliminary i. FY 2008-2009: technical/baseline, outreach, and mooring program development b. Operational 4. Preliminary schedule: task timelines 5. Technical/baseline Mapping/surveying: a. Existing users b. Sensitive areas (establish buffer zones): eel grass, harbor seals, shellfish, migratory birds, etc. c. Jurisdictional and other boundaries: cities and towns, Audubon, etc. d. Navigation channels e. Boat ramps f. Depths(?) g. Seaplane runway h. Herring roe harvest zones I. Swimming areas j. View corridors k. Local resources and amenities 6. Outreach an'd education a. Identifying user and other interest groups b. Solicit comments: community meetings, advisory committee, etc. c. Anchor-outs, live-aboards, marina operators, boat yards, general public d. Publicity: Local and boating press e. Boater education: multi-media, recommended practices, Clean Marinas toolkit 7. Regulatory context a. Regulatory agency outreach b. State Trust Land and other legal doctrines c. BCDC application process (see also d. and e. below) d. Richardson Bay Special Area Plan - update? e. Program provisions for anchor-outs and live-aboards f. Local jurisdiction (Sausalito) application process g. Vessel regulation in Bay: enforcement agency coordination, strategy development - short- and long-term h. Permitting and enforcement procedures 8. Mooring field development a. Siting criteria (see 4. Mapping) b. Occupancy aspects: vessel type, size, number, tenancy, cost c. Mooring location, layout, and system design options d. Occupancy criteria and vessel management plan: seaworthiness, sanitary waste, maintenance, hazmat, tenancy e. Facilities and amenities: sewer pumpout, potable water, restrooms, showers, garbage removal, dinghy docks 9. 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S I I ~ ~ "e E E <( 100.. .~-~,'~'~Iu~r~__~,-& ..- N.~N 'CON:- Efl Efl Efl;: N : Efl ; W, W ~ ~.~ r::~'~I~ ~,~ 'm,~co :C!:!.,~_1O ~'~!~' ~~'oO ~, ';;;' :~ 0,0 Oo.or-- 0 r-- g)~ ~ ~,Efl~_~~ ~.~ ~.~ ,~~ u) , fR ,..-' CO W, N ~ f- (/) > ~ o 0) W, U ..J' ~O roO coo.. ~) tn 'c'W c 0:::, 'cnW 0)' f- CO~ ~.~ ;i(/) ~<( U~ ~tn go::: W I 10 (/)(/) (/)0 oi:l~ >~ (/).0:: ~ <( ~f- f-O <(> >W (/) 0 :Ot) 0:: G' ~ W ~ffi:o W (3 f-.H~ f- 0::: o ~~:~o.. (/) ..J <( f- Z W 0::: 0.., :j (/), - --- -- --------i-,---~ ~ ~ Or--!O NiN' N N "-,N N:N E; ~.~ 2 8;8'8 ~~~~~~~ ~~~~~~~ RBRA BUDGET SPLIT MARIN Total annual COUNTY SAUSAlITO TIBURON BELVEDERE MILL VALLEY percent of total 42.50% 35% 10% 7,5% 5% 1985 100,000 42,500 35,000 10,000 7,500 5,000 1995 125,000 53,125 43,750 12,500 9,375 6,250 2000 128,751 54,719 45,063 12,875 9,656 6,438 APPROVED 07/08 178,626 75,916 62,519 17,863 13,397 8,931 PROPOSED 08/09 $218,627 $92,916 $76,519 $21,863 $16,397 $10,931 (with Additional $40K for TMDL, Rapid Response, Legal, and Anchor-out/Mooring Program) RICHARDSON'S BAY REGIONAL AGENCY RESOLUTION NO. 08-03 RESOLUTION OF THE BOARD OF THE RICHARDSON'S BAY REGIONAL AGENCY AGREEING TO AMEND THE CONTRACT WITH CLEM SHUTE, ESQUIRE IN PERFORMANCE OF LEGAL DUTIES WHEREAS, the Richardson's Bay Regional Agency agrees to continue to secure the services of Clem Shute, Esquire, in performance of various legal duties. NOW, THEREFORE BE IT RESOLVED, as follows: The Board of the Richardson's Bay Regional Agency authorizes the extension of this contract. PASSED AND ADOPTED at a regular meeting of the Richardson's Bay Regional Agency, this 17th day of April, 2008. AYES: NOES: ABSENT: BOARD CHAIR JERRY BUTLER ATTEST: CLERK OF BOARD BEN BERTO RICHARDSON'S BAY REGIONAL AGENCY State Water Resources Control Board TMDL/Planning Division 1515 Clay Street, suite 1400 Oakland, CA 94612 April 17, 2008 Dear Board Members: Please accept this letter commenting on the proposed Basin Plan Amendment (or Total Maximum' Daily Load (TMDL) plan) for Richardson's Bay. Concerning the timing of this letter, the RBRA Board only meets every two months. Our previous meeting occurred before the release of the draft public comment TMDL, and the meeting date of the letter occurred after the first State Water Resources Control Board (SWRCB) meeting on this topic, but before the SWRCB meeting on potential TMDL adoption. If it were within the constraints of the Richardson's Bay Regional Agency's (RBRA) meeting schedule, we would have submitted this letter by March 24. The two of you have attended an RBRA meeting and have also met with RBRA staff about the TMDL on more than one occasion. Given the ongoing dialogue between the RBRA and your agency, we trust that these comments will be incorporated into the public record and the SWRCB's deliberations. The RBRA Board has a number of comments and concerns directed at both the language and thrust of the TMDL, as follows: 1) As previously expressed, the RBRA has some serious reservations about the underlying basis for the TMDL, namely that shellfish harvesting in Richardson's Bay was, is, or realistically can be considered a "beneficial use", Non-attainment of water quality standards in support of the shellfish harvest water quality objective is the putative reason for justifying imposition of a TMDL in Richardson's Bay. The RBRA recognizes that Richardson's Bay is listed as a "non-attainment" area for shellfish harvest water quality standards in the San Francisco Bay Basin Plan. However, many parts of San Francisco Bay, for example Oyster Point, have higher pollution levels than Richardson's Bay, and more history of shellfish use. The RBRA is not opposed in concept to a program that supports RBRA's goals and ongoing efforts to clean up Richardson's Bay. However, it should be noted for the record that the shellfish beneficial use appears to be merely an historical artifact, a reminder of by-gone years at/before the turn of the 19th century, when a commercial oyster harvesting industry existed in Richardson's Bay. Richardson Bay's industry was based on non-native Eastern oysters, the young fry of which were imported in boxcars from the East Coast, and which never propagated in Richardson's Bay. That industry and its oysters have been gone from Richardson's Bay for at least 80 years. What occurs now is a population of native Olympia oysters that previously have not and currently do not have human consumption beneficial use value. At maturity, Olympia oysters are the size of a nickel, unlikely to ever be consumed. Given the lack of any real evidence to support native Olympia oyster shellfish harvesting as a beneficial use, a TMDL based on the shellfish harvest water quality objective is unreasonable and c/o Community Development Agency, 350] Civic Center Drive, Room 308, San Rafael, CA 94903 Office 4]5/289-4]43 Pager 415/45]-9595 unachievable since it would be based on "potential" (and highly unlikely) future uses, and not "probable" future uses. RBRA has no objections to a TMDL using a water-based recreation water quality objective or standard. 2) In several parts of the implementation plan portion of the proposed TMDL, the RBRA is identified as being responsible for various implementation actions. If the TMDL is to be imposed, RBRA requests that the following language be changed: delete the phrase "onboard holding tanks" everywhere it occurs, and substitute instead "onboard sewage collection systems." 3) The spirit in which the TMDL is administered by the RWQCB is very important. In the course of several discussions with your agency's two staff persons Farhad Ghodrati and Naomi Feger and particularly Naomi, RBRA has been given to believe that good faith development and performance of the implementation program (specifics of which are to be developed by our agency) is more important per se than attainment of the shellfish harvest water quality objective. This "good faith effort" versus rigid attainment orientation is important to our Board in determining, for example, whether or not to undertake a formal "use attainability analysis" that would likely eliminate the shellfish harvest water quality objective for the reasons summarized in item 1 above. RBRA and the public agencies it represents place a strong emphasis on environmental protection. The fact that shellfish harvest standards are currently sometimes met in Richardson's Bay illustrates the environmental commitment of RBRA's jurisdictions. If unreasonable and punitive enforcement actions were to arise from our (and other agencies') future' inability to achieve complete compliance with the shellfish harvest water quality objective, RBRA could be forced to consider legal options such as what transpired in the recent 18 jurisdiction "Cities of Arcadia" Superior Court case. Please accept this letter in the constructive and reasonable vein it is intended, and do not hesitate to contact Ben Berto, RBRA Clerk (ph.415-499-3658) or Bill Price, RBRA Harbor Administrator (416-971-3919), if you have any comments or questions. Sincerely, Jerry Butler RBRA Board Chair CC: RBRA Board I:\TMDL RWOCB 041708,letDOC c/o Community Development Agency, 350] Civic Center Drive, Room 308, San Rafael, CA 94903 Office 4]5/289-4143 Pager 4]5/45]-9595 ARCADIA ARTESIA BALDWIN PARI< BELL BELL CARDENS BELLFLOWER CARSON CERRITOS COMMERCE COVINA DIAMOND BAR DOWNEY CARDENA HAWAIIAN GARDENS INDUSTRY IRWINDALE LA CANADA FLlNTRIDGE LA MIRADA LAI<EWOOD LAWNDAlE MONROVIA MONTEREV PARI< NORWALK PALOS VERDES ESIAfES PARAMOUNT PICO RIVERA POMONA RANCHO PALOS VERDES ROSEMEAD SANTA FE SPRINGS SAN GABRIEL SIERRA MADRE SIGNAL HILL SOUTH El MONTE Soun-t GATE SOUTH PASADENA VERNON WALNUT WeST COVINA WHIniER ('Cities Working 011 Practical Solutions}) For Inlmediate Release March 21, 2008 Eighteen Cities in Los Angeles County Win Major Court Ruling Regarding Water Quality Standards Standards Now Set for Stormwater and Urban Runoff Programs (Signal Hill, CA...) In a recent court decision, Eighteen Los Angeles County cities and the Building Industry Legal Defense Foundation have prevailed in a lawsuit filed in Orange County Superior Court challenging the water quality standards for the Los Angeles Region regarding stormwater and urban runoff. The Superior Court found that the State and the Los Angeles Regional Water Boards failed to comply with State laws requiring that water quality standards be reasonable. The Court also found that stormwater regulations could be unreasonable and unachiev- able, since several were based on potential future uses, instead of probable future uses for the region's waters. The Court concluded the water boards had failed to complete the State law required review of the effects of stormwater regulations on the economy and housing. "We hope that the Judge's decision will encourage the water boards to initiate a sincere dialogue with all of the Cities,1l said City of Signal Hill Councilman Larry Forester. "We want to work with the boards on reasonable standards that will result in more efficient and cost-effective ways to improve surface water quality in the region." Councilman Forester added, "The eighteen Cities are committed to improving the environment and will continue to fully fund and carry out all of their existing stormwater and urban runoff programs." r. i I ~ B ~ 1 t ~ ~ ~ I t t ~ ~ I i i I " I ! , l ~ Y ~ ~ J i Page 1 of 2 I r "..,-~c,,=~ www.practicalregulation.com ..,'"".,"'='-;.~~,.,.,,~.~ The litigation stemmed from a concern raised by a number of Cities and the Building Industry Legal Defense Fund that existing water quality control regulations were never intended to be applied to stormwater. The parties argued that the standards were outdated and not based on sound science and that implementing standards not intended for stormwater would result in unnecessar- ily costly programs funded by local taxpayers and homeowners. The water quality standards were first adopted by the water boards in 1975 and last amended in 1994. , 2175 Cherry Ave., Signar Hill, CA 90755 .... ",.."_,, (562) 989-7307 "" ! ~ t ! I ~ ! t ~ ~ ~ z ~ ~ I ~ i ~ I u ~ g I j I & ! i I I i ~ j ~ ~ ~ ~ ~ ~ Eighteen Cities in Los Angeles County Win Major Court Ruling Regarding Water Quality Standards -2 "Science and technology have come a long way since 1975 and even since 1994. There have been great advances in the treatment and control of urban runoff, but we are a long way from perfection and reasonable standards are needed to be developed for stormwater and urban runoff. The water boards have to recognize that all levels of government, local, state and federal have limited financial resources to tackle major water quality problems," said Councilman Forester. The litigation involved the Cities of Arcadia, Bellflower, Carson, Cerritos, Claremont, Commerce, Downey, Duarte, Glendora, Hawaiian Gardens, Irwindale, Lawndale, Monterey Park, Para- mount, Santa Fe Springs, Signal Hill, Vernon and Whittier and the Building Industry Legal Defense Foundation. For more information contact Ken Farfsing, City Manager of Signal Hill, at (562) 989-7305 or at kfarfsing@cityofsignalhill.org ### Page 2 of 2 <t TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Planning Commission April 23, 2008 - 7:30 PM AGENDA /)/~ \.:tl$:~-r TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chairman O'Donnell, Vice-Chair Kunzweiler, Commissioner Fraser, Commissioner Frymier 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 in accordance with State law, the Planning Commission is unable 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 three (3) minutes or less. Testimony regarding matters not on this agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING 1. 426 GREENWOOD BEACH ROAD: FILE #10803; REQUEST TO CONSTRUCT A DOCK AND FLOAT AND RETROACTIVELY APPROVE AN EXISTING PIER AND SEA WALL; Nicky Hall, Owner/Applicant; Assessor's Parcel No. 055-121-33 [DW] (Continued from April 19, 2008) 2. 761 HILARY DRIVE: FILES #19908 AND #10504; REVIEW OF CONDITIONAL USE PERMIT GRANTED TO EXPAND THE FACILITIES FOR AN EXISTING CHURCH (ST. HILARY CATHOLIC CHURCH) AND SCHOOL; Archdiocese of San Francisco, Owner/Applicant; Assessor's Parcel Nos. 055-253-20 and 055-221-06 [DW] Tiburon Planning Commission Agenda April 23, 2008 Page 1 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of April 9, 2008 ADJOURNMENT Future Agenda Items Draft Capital Improvement Budget Review (May 28) 1600 Mar West Street - Review of Conditional Use Permit (May 28) Tiburon Planning Commission Agenda April 23, 2008 a042308 Page 2 NOTIFICATION OF PACIFIC GAS & ELECTRIC ("PG&E") APPLICATION FOR RECOVERY OF CATASTROPHIC EVENT COSTS (CEMA) IN ELECTRIC RATES What is CEMA and What Does It Do? CEMA stands for Catastrophic Event Memorandum Account. State law and the California Public Utilities Commission ("CPUC") allow public utilities to recover the incremental costs of: (1) restoring utility service to its customers; (2) repairing, replacing or restoring damaged utility facilities; and (3) complying with government agency orders resulting from declared disasters as a result of catastrophic events. The CPUC also authorized utilities to record capital-related costs such as depreciation and return on capitalized plant additions resulting from the restoration activities. The Commission provided that costs recorded in a utility's CEMA "may be recovered in rates only after a request by the affected utility, a showing of their reasonableness, and approval by the CPUC. II On March 28, 2008, PG&E filed the above referenced application with the CPUC, in which PG&E asks for authority to recover catastrophic event costs incurred in connection with a series of intense winter storms beginning January 3, 2008, and continuing through January 6, 2008. PG&E estimates that its electric revenues to cover these costs will increase by $19.24 million over a 2 year period beginning January 1, 2009. The largest portion of this increase will be collected in 2009 and is approximately $16.88 million, or about 00.15 percent. Background to the filing of this Application: Beginning on January 3 and continuing through January 6, 2008, Northern California experienced a series of intense winter storms that caused significant damage to portions of PG&E's infrastructure and operations in 43 counties throughout its service territory. The January 2008 storms were the largest catastrophic event to affect PG&E's electric distribution system since December 1995 and required PG&E to incur more than $74 million to repair and replace utility facilities and restore service. As a result of the January 2008 storms, Governor Schwarzenegger issued State of Emergency Proclamations (Emergency Proclamation) on January 5, 7, 9 and 14 for 13 counties and two cities within PG&E's service territory. PG&E seeks to recover costs incurred in restoring service and repairing PG&E's electric distribution system, as well as providing increased call center support in response to the January 2008 storms. How does this affect rates? If this application is approved, it would result in an increase of less than one percent of PG&E's total annual revenue. The increase in rates resulting from this application will not appear in rates until January 1, 2009, and will be collected in rates over two years. As stated above, the largest portion of this increase will be collected in 2009 and is approximately $16.88 million or about 0.15 percent. The CPUC Process The CPUC's independent Division of Ratepayer Advocates (ORA) will review this application, analyze the proposal and present an independent analysis and recommendations for the CPUC's consideration. Other parties of record may also participate. The CPUC may hold evidentiary hearings where parties of record present their proposals in testimony and are subject to cross-examination before an Administrative Law Judge (ALJ). These hearings are open to the public, but only those who are parties of record are allowed to present evidence or cross-examine witnesses during evidentiary hearings. After considering all proposals and evidence presented during the hearing process, the ALJ will issue a draft decision. When the CPUC acts on this application, it may adopt all or part of PG&E's request, amend or modify it or deny the application. The CPUC's final decision may be different from PG&E's proposed application filing. FOR FURTHER INFORMATION For more details, call PG&E at 800-743-5000. Para mas detalles lIame 800-660-6789 ~1'j1j~~. 800-893-9555. For TDDITTY (speech-hearing impaired), call 800-652-4712 You may contact the CPUC's Public Advisor with comments or questions as follows: Public Advisor's Office 505 Van Ness Avenue, Room 2103 San Francisco, CA 94102 415-703-2074 or 866-849-8390 (toll free) TTY 415-703-5282, TTY 866-836-7825 (toll free) E-mail topublic.advisor@cpuc.ca.gov If you are writing a letter to the Public Advisor's Office, please include the name of the application to which you are referring. All comments will be circulated to the Commissioners, the assigned AU and the CPUC's Energy Division staff. O\GEst TO: STATE, .COUNTY AN~D.' CITY OFFICIALS, Aprill, 2008 .' . F~E" \VED "C':~~~~~~~ TOV~N CLERK TOWN OF TlBURON BOARD OF SUPERVISORS COUNTY OF MARIN .. DIGESt RECEIVED APR 1 8 2008 SPECIAL MEETING Monday, April 21, 2008 Room 324 A, Marin County Civic Center TOWN MANAGERS OFFICE TOWN OF TIBURON 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 Monday, April 21, 2008 to be held at 3:00 p.m. The meeting will be held 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 3:00 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. * * * * * * * * * * * * * * * * * * * * ~ rI "..,. ..... .... ..... - ~ JI 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/audio/index.cfm. A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. . D1GESi RECEIVED APR 1 8 2008 J TOWN MANAGERS OFFICE TOWN OF TIBURON Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS AGENDA Tuesday, April 22, 2008 Board of Supervisors Chambers, Room 330, Civic Center 9:00 a.m. 1. Approval of minutes of the meeting of April 1, 2008. 2. Board of Supervisors' matters. 3. Administrator's report. 4. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 5. Consent Calendar A (Items CA-1 through CA-7) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 6. Consent Calendar B (Item CB-1) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 7. Supervisors McGlashan and Adams requesting resolution proclaiming April 22, 2008, as "Earth Day." 8. Report and discussion regarding Marin Clean Energy (Community Choice Aggregation). Recommended actions: Accept report and discuss business plan. ~ g ,.,. ..... .... ..... - ~ JI All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at htto:llwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at htto:llwww.co.marin.ca.us/deots/BS/Archive/Meetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. 9. Status report from the Community Development Agency on the Solar Rebate Program and the Woodsmoke Rebate Program. Recommended actions: Accept report and approve additional allocation of $25,000 each for the renewal of the programs. 10. Request from the Public Works Department to take actions related to proposed rate increase for the Murray Park Sewer Maintenance District. (District No. 102048) Recommended actions: (a) Accept the Rate Recommendation Report; (b) schedule public hearing for June ,10, 2008 at 11: 15 a.m. 11. Request from the Public Works Department to take actions related to proposed rate increase for the San Quentin Village Sewer Maintenance Districts. (District No. 102086) Recommended actions: (a) Accept the Rate Recommendation Report; (b) schedule public hearing for June 10, 2008 at 11,:15 a.m. 11 :45 a.m. 12. Hearing: Ordinance amending Chapter 6.90 of the Marin County Code extending existing restrictions upon the use of Bolinas Beach for camping during weekends. Recommended action: Conduct scheduled public hearing and consider adopting ordinance. 13. Report on the Status of the Lawson's Landing Master Plan and Tidelands Permit Applications and Schedule. Recommended action: Accept report. 14. Human Resources Quarterly Position Classification/Equity Adjustments. On the recommendation of the Human Resources Director, the following FY 2007-08 classification studies/equity adjustments are recommended for approval: Health and Human Services: a. Effective May 18, 2008, to take the following actions as detailed in staff report dated April 22, 2008: i. Establish the new classification and adopt proposed salary range for Administrative Secretary - Health and Human Services (Class #1503); and ii. Reallocate incumbent (Position #015010001) as detailed in staff report dated April 22, 2008. CountyWide: b. Effective May 4, 2008, to adopt a 2.40/0 salary adjustment for Chief Public Defender Investigator and a 3.20/0 salary adjustment for Supervising Nurse Practitioner as detailed in staff report dated April 22, 2008. c. Request to delete obsolete classifications from the County's classification plan as detailed in staff report dated April 22, 2008. Marin County BOS Agenda 2 4/22/2008 d. Effective May 18, 2008, to take the following actions as detailed in staff report dated April 22, 2008: Reallocate Senior Accounting Assistant position (Class #1390) to Administrative Services Technician (Class #0318) and reallocate the incumbent (Position #013900024) as detailed in staff report dated April 22, 2008. Recommended actions: Approve 14a-14d. 15. Appointments: a. Alcohol and Drua Advisory Board Three At-Large vacancies. Applications have been received from Jorge Castillo, Jim Doeppers and Susan Gray and correspondence dated April 16, 2008, has been received from the Board's Executive Committee recommending their appointments. Recommended action: Make three (3) appointments. b. Marin Aaricultural Land Trust ("MALT") One At-Large term expiration. The incumbent, Lynn Stray, incumbent, has reapplied. Recommended action: Make appointment. c. Strawberry Desian Review Board One term expiration. The incumbent, Jeffrey Smith, has reapplied. Recommended action: Make appointment. 16. Closed Session: a. Conference with Legal Counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of case: McDougal v. County of Marin, et al. Marin County Superior Court Case CV 080838. b. Conference with legal counsel regarding potential litigation pursuant to California Government Code Section 54956.9(c). Number of Potential Cases: One (1). Reconvene in Open Session Announcement from Closed Session. 1 :30 p.m. 17. Appointments (Continued): Retirement Board Two vacancies to be appointed by the Board of Supervisors. Applications have been received from Howard Aschwald, Bernadette Bolger, William Hazen, Whitney Hoyt, Budd Jones, Milbrey Jones (incumbent), Walter Kassoway, Peter Lewis, Maureen Maguire, John Meier, Ronald Moss, Gerald Richardson, Paul Roye, Gary Scheppke, and Scott von Stein. Recommended actions: Review applications and nominate applicants to be interviewed on May 13, 2008. Marin County BOS Agenda 3 4/22/2008 2:00 p.m. 18. CA-1. CA-2. CA-3. CA-4. CA-5. County Roads Program Workshop. (Workshop to be conducted in Room 324 A, with supporting informational materials to be made available at the time of the meeting.) ********** ******** **** CONSENT CALENDAR A (Items CA-1 throuah CA-7) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) Aud itor -Controller: a. Authorize President to execute agreement with Public Resource Management Group, in an amount not to exceed $34,000, for the purpose of submitting County claim findings pursuant to State ,Mandated Cost Claim process (SB90). b. Acting on behalf of the County of Marin, the Marin County Fire District and the Marin County Free Library, request to approve acknowledgment and agreements related to the issuance of tax allocation bonds by the Novato Redevelopment Agency's Hamilton Field project area, as detailed in staff report dated April 22, 2008. Board of Supervisors: Supervisor Arnold requesting resolution recognizing the efforts of the North Bay Children's Center's Garden of Eatin' Institute, in conjunction with a variety of organizations, to promote "Turn Off TV Week." Health and Human Services: a. Authorize President to execute FY 2007-08 agreement with Catholic Charities CYO, in an amount not to exceed $34,000, to provide counseling services to low-income Spanish speaking West Marin clients. b. Authorize President to execute FY 2007-08 agreement with the Marin AIDS Project, in the amount of $73,944, to provide HIV/AIDS related support services to Marin County residents living with HIV. Information Services and TechnoloQV: Authorize President to execute agreement with Whittle Consulting Group LLC, in the amount of $99,500, for the development and ongoing support of formalized user groups. Parks: Request to (a) adopt Initial Resolution No. 2008- describing improvements or changes for Rush Creek under the Marin County Landscaping and Lighting District; and (b) direct the Department to contract with a civil engineer to prepare an Engineer's Report for the District. Marin County BOS Agenda 4 4/22/2008 CA-6. CA-7. Public Works: a. Approve annual maintenance fees for software licensing for the County's IBM mainframe computer, from Computer Associates International, Inc., of Islandia, NY, in the amount of $148,839.42, for the Marin County Information Services and Technology Department. b. Approve temporary closure of Kent Avenue and College Avenue in Kentfield on Monday, May 26, 2008, from 7:45 a.m. until 9:30 a.m. for the annual Marin Memorial Day Races. c. Authorize President to execute Third Amendment to the agreement with Lou Antonelli, extending the term of the contract to January 31, 2010 and increasing the contract by $36,000 for a total contract amount of $60,000, for services related to the County's Disability Access Program. d. Authorize President to (i) execute Notice of Completion for the Restroom Accessibility Alterations; and (ii) approve release of the retention amount of $16,993.70, 35 days after Board action, to John Hope Construction. (Project No. CAP-90022-01) e. Adopt Traffic Resolution No. _ restricting the use of the Pohono Park and Ride lot and providing one parking space for placement of a portable accessible restroom on weekends and holidays, May to September 2008. Treasurer: Monthly report of County, Schools, and District Investments as of March 31, 2008. CONSENT CALENDAR B (Item CB-1) (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 Amendment 01 to the Master Agreement (#07-65060) with the California State Office of AIDS, increasing the amount by $87,776 for a total amount not to exceed $1,335,347, to provide services to persons living with and at risk for HIV/AIDS; and (b) approve budget actions as detailed in staff report dated April 22, 2008. Marin County BOS Agenda 5 4/22/2008 Wednesday, April 23, 2008 Suite 200-A Conference Room 65 Mitchell Blvd., San Rafael DIGEST RECEIVED I<~ APR 1 8 2008 TOWN MANAGERS OFFICE TOWN OF TlBURON MARIN COUNTY HAZARDOUS & SOLID WASTE JOINT POWERS AUTHORITY EXECUTIVE COMMITTEE MEETING 10:00 -11 :00 AM AGENDA Call to Order. 1. Approval of Executive Committee Minutes from January 23,2008. (Action) 2. Report on current staff activities and approve letter of support re: AB 2058, plastic bag diversion (Action) 3. FY 08-09 Budget, Budget Sub-Committee Recommendation and Fee Schedule. (Action) 4. Responses to Zero Waste Request for Information. (Action) 5. Redwood Landfill Presentation by Jessica Jones. (Information/Action) 6. JPA Audit and Financial Statements for year ending June 30,2007. (Action) 7. AB939 Local Task Force Update. (Informational) a) January 2, 2008, Local Task Force Meeting Minutes. b) March 5, 2008, Local Task Force Meeting Minutes. c) April 2, 2008, Local Task Force Meeting Minutes. 8. Open Time. 9. Next Executive Board Meeting to be held on Wednesday, July 23, 2008, 10:00 - 11 :00 AM, 65 Mitchell Blvd., San Rafael. Next JPA Board Meeting to be held on Thursday, May 22, 2008, 9:00 - 10:00 AM, MMWD, 220 Nellen Avenue, Corte Madera. 10. Adjourn. The full agenda including staff reports can be viewed at www.marinrecycles.org/mins_agendas.cfm F :\ W as Ie \J P A \EX CO M\AGEN DA \08-04 -23.doc ..... .... ..... - ~ OJ ~ rI ,.,. American sign language interpreters and assistive listening devices may be requested by calling (415) 499-6172 (TOO) or (415) 499- 6647)(voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request. Contact the Marin County Department of Public Works, Division of Waste Management at 499-6647 for more information 1 DRAFT MARIN COUNTY HAZARDOUS & SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Executive Committee Wednesday, January 23, 2008 65 Mitchell Blvd., Suite 200-A San Rafael, CA 94903 MINUTES MEMBERS PRESENT Debbie Stutsman, San Anselmo (Chair) George Rodericks, Belvedere (Vice Chair) Matthew Hymel, County of Marin Dan Keen, Novato Barbara Heller, San Rafael (Alternate) OTHERS PRESENT Judy Schriebman, LGVSD Megan Clark, LGVSD Bruce Baum, Green Coalition Loretta Figueroa, Almonte Sanitary District Katherine DaSilva Jair, Sustainable San Rafael Kerry Mazzoni Patty Garbarino, Marin Sanitary Service Ruth Beckner, Master Gardener Greg Brochbank, San Rafael City Council STAFF PRESENT Jeff Rawles, JPA Michael Frost, JPA Alex Soulard, JPA Call to Order The Executive Committee meeting came to order at 10:02 AM. 1. Approve Executive Committee minutes from October 24. 2007. MIs Hymel, Keen to approve the October 24, 2007 Executive Committee minutes. Public commented the minutes were not verbatim to October meeting and the are not mentioned by name on the minutes. Staff stated the current process of keeping minutes as summary and meetings are captured by audio and archived. There was no further comment. The motion was unanimously approved. 2. 2008/2009 BudQet: Staff reported for previous year the JPA Chair and Vice Chair met with staff to form a budget recommendation to the Committee. Additionally, it has been requested staff include an additional $200,000 in the budget as an option for considering zero waste programs. MIs Hymel, Keen to approve the budget schedule and appoint Stutsman and Rodericks to the budget sub-committee. The motion was unanimously approved. No public comments received. 3. Zero Waste Request for Information. Staff reported on the Request For Information (RFI)drafted for the Committees review. Staff is requesting consultants return responses by March 31, 2008 in time for the next scheduled Executive Committee meeting in April. The Committee discussed the RFI and the process. Public commented on the need to move forward with a zero waste plan. MIs Keen, Rodericks to approve and direct staff to distribute the RFI. The motion was unanimously approved. Page 1 of 2 3 4. 2006 Annual Report - Staff presented the 2006 Annual Report highlighting the Planning Annual Report Information System, large venue of recycling events, a reduction in biomass tonnage and reduction in disposal reporting based on the Storm of December 2005/January 2006. Additionally the report indicates diversion rates are stable. Currently, staff is working with the L TF to come up with recommendations on improvements in some of our programs such as C&D, yardwaste composting and rate structure. The Committee discussed the Report. No comments from public. 5. JPA AB 939 Local Task Force Appointments. Staff discussed the environmental organization vacancy on the Local Task Force with the Committee. Committee member discussed the need to maintain balance of different environmental interests on the advisory committee. Committee discussed a letter from the JPA Oversight Committee concerning maintaining balance of interests. The Committee discussed the current membership composition with staff. Committee Members agreed to add two additional environmental organizations to the Task Force membership. Public stated concerns the Local Task Force has weighted too heavily with representatives of the waste industry. MIs Keen, Hymel to form a interview committee consisting of Dan Keen and George Rodericks and a member to be selected of the JPA Board and interview the applicants for the Local Task Force's Environment Organization positions. Further, the interview committee will place their recommendation on the April meeting agenda of the Executive Committee. Motion was unanimously approved. 6. Bav Area Recvclinq Outreach Coalition Contribution. Staff reported Bay Area Recycling Outreach Coalition (BA YROC) is expanding programs to include a single use bag elimination program in addition to the Junk Mail & Bag Reduction Program. BA YROC have requested an additional $1,000 in funding. The Committee discussed the proposal with staff. MIs Hymel, Keen to 'increase funding and participation in the single use bag program. Motion was unanimous approved. 7. California Product Stewardship Council Contribution. Staff reported on ongoing extended producer responsibility efforts with the California Product Stewardship Council. Staff indicated to continue participation a request for a $2,500 budget adjustment would be necessary to pay organizing dues. The Committee discussed the request and the opportunity to continue to pool resources with other public agencies. MIs Hymel, Keen to approve requested budget adjustment for funding to the California Product Stewardship Council. Motion approved unanimously. 8. Local Task Force Report. No Comments received. 9. Open Time. Bruce Baum representing Green Coalition asked that Board place a $8/ton mitigation fee at Landfill on a future agenda. The Committee directed staff to place the concept on a Local Task Force agenda for discussion. 10.Adiourn. F :\Waste\JPA\EXCOM\MI NUTES\08-01-23,doc Page 2 of 2 y