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Home My WebLink AboutTC Digest 2008-07-28 TOWN COUNCIL WEEKLY DIGEST Week of July 24 - 28,2008 Tiburon 1. Letter - Dan McLean - Speeding on Paradise Drive 2. Email- Matthew Savage - Support for Marin Clean Energy 3. Courtesy Notice - Partial Blvd. Closure - Tree Safety Work Agendas & Minutes 4. Action Minutes - Planning Commission - July 23, 2008 Regional a) Letter - Public Advocates - Housing Element Obligations b) Conference Announcement - Water Law Professionals - 9/11- 9/12/08 * c) 2007 Annual Report - Marin Conservation League * Agendas & Minutes d) None * Council Only Dan McLean Linda Tilton-McLean 2397 Paradise Drive Tiburon, CA 94920 (415) 789-5989 RECEIVED JUL 2 3 2008 1- TOWN MANAGERS OFFICE TOWN OF TIBURON July 21, 2008 l)/Qbt ~8,.. Daniel M. Watrous Planning Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Subject: Speedinl! on Paradise Drive Dear Mr. Watrous: Attached is a copy of a letter you sent to us in April. At the time, we were very happy to have had this concerned response to a request we had made to the Town. We know that you and Mr. Nguyen are responding daily to requests and opinions and demands of residents in this town. You are doing a very good a job of addressing their concerns and managing the whole utility underground project. Thank you. We appreciate it. The letter we had sent asked for your help because cars do regularly speed -- especially late at night -- on this portion of Paradise Drive. We live here, we walk to our rural type mailboxes, we have children, we have dogs. (Speeders are going in the North direction.) We had a (clean, sweet, functional) Ford F-150 truck (1992) which is normally always parked in our driveway. But, on the night of July 12th (1 :05 a.m. on Sunday, July 13), a speeding car on Paradise Drive skidded out of control and smashed into the driver's side of our truck. Pictures of the dented vehicle (on 7/13) are attached; You can see the long skid marks (the speeding car was going VERY fast), and one can see that that our truck was parked adequately off the road. This was a 'hit and run' driver (we heard a crash, woke and walked to the deck doorwat, and saw a car slowly pull away - it looked like a silver Porsch~ - boxter or carrerra 4, but this is not confrrmed.) CHP report attached. Today, our insurance company informed us that they are going to "total" our truck. It will cost more to fix these dents and scrapes than the insurance company thinks the truck is worth. So, we are shopping for a new used truck... @ A second sheet of photos of the truck is attached which were taken on 7/4/08 - a week earlier - and you will see that it is a hardship to us to replace a simple, but powerful, utility vehicle which we would not have needed to replace for some years. The options are $14,000 to $18,000, so we will have to have new fmancing to replace it. The reason for this letter is to make sure that you know that the problem of cars speeding on Paradise Drive is real and that it needs to stop! (or slow down... @) PLEASE, paint the speed limit on the pavement from Solano Avenue to (where) Agreste (goes right down to Mar East.) Also, my husband has seen (On Mar West or on Diviso) that you've installed ceramic domes on the pavement to slow down car speed. Please do something like this on Paradise Drive. With respect and hopeful optimism, ~ 7A ~d---, ~f--0 y/~-~ Linda Tilton cc: Peggy Curran, Town Manager r r //-~~A-~~~~___/ Town ofTiburon · 1505 Tiburon Boulevard · Tiburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us Office of Planning Division/(415) 435-7393 April 8 2008 Linda Tilton-McLean 2397 Paradise Drive Tiburon, CA 94920 Dear Ms. Tilton-McLean: I am writing in response to your letter dated March 14, 2008 regarding speed limit concerns on Paradise Drive. I have reviewed your concerns with Nicholas Nguyen, our Public Works Director, who has informed me that the Public Works Department will stencil the speed limit on the roadway once the upcoming slurry seal project is completed. Mr. Nguyen indicated that he does not support installation of a speed bump in the roadway at this time, but is willing to take another look at this option if other measures to reduce speeding along this portion of Paradise Drive are ineffective. Please call me at (415) 435-7393 if you have any questions regarding this letter. Sincerely, ) J2u, ~l\~ Daniel M. Watrous Planning Manager . ! .~ 0 f T '/1 ~. .~K&_ -) -"'- ~ ~ ('\~ ~'--~~ " ~ ;::- ~ '0 <-=- ~Cl\ /A"..-"..:!'/"-...._~ "- .'.1:. o~';.c.' ~. f . -. Jeff Slavitz Mayor Alice Fredericks Vice Mayor Miles Berger Councilmembcr Dick Collins Councilmember Tom Gram Councilmember Margaret A. Curran Town Manager Daniel McLean and Linda Tilton-McLean 2397 Paradise Drive Tiburon, CA 94920 (415) 789-5989 March 14, 2008 Daniel M. Watrous Planning Manager Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Speed Limit on Paradise Drive Finalizing the Utility Underground Project Dear Mr. Watrous: There is a serious problem on our section of Paradise Drive. Cars are driving at excessive speed, especially after dark. At 2397 Paradise Drive (nearest intersection is Agreste) every evening, there are certain cars (sports cars or performance cars) who regularly go by at 40 to 45+ miles per hour. The speed limit is 25 mph. We live here, walk on the road to our rural-type mailboxes, we have dogs, we have children, we back our cars out of the driveway at times. It is not reasonable for anyone to come through this section of roadway at such excessive speed, but cars regularly do this. I ask the planning committee to consider that a speed bumJfon Paradise Drive between Solano A venue and Agreste may be needed. Soon you will be ready to slurry coat Paradise Drive and re-paint the centerline road striping. Please, at least, paint the speed limit in large letters on the pavement: "25 MPH." This may help. But, if you can suggest a more effective solution, we would be very grateful. Thank you for considering this request. Let me know if we can assist in any way. Sincerely, ,--- ./ ./ .f:: ,,/ ..~ 7 /' '.,~-~-:-:-~-- ''') Linda Tilton-McLean Tiburon resident cc: Peggy Curran, Town Manager Al Petrie, Consultant - Utility Underground Projects ~*' / " ___ . ;; . /1 /./ // ) - ,/ /4/" /''''' /,'/., / ---/- /'// ' , ,I ,I ' ,/ / . - ip/-- / >/. //.\ , ; -,-/':5; . >/ /. / ~',' / .J / /,,//'7'(" . - / . ' ,./......... / L_." /':-"//.-/1' ' -:.;/../ ..T:./ /~~v -, ,.......:!"...~". .~00!l4_~~.~ --J~ /$ ::/Oo$' ~/L4)~.eSS ~ ~~ /Y' J Joan Palmero From: Sent: To: Subject: Matthew Savage [matthew@matthewsavage.com] Thursday, July 24, 2008 3:56 PM Joan Palmero To: Tiburon Town Council ()IG~ "8-r '1 ~.. To Tiburon Town Council, I would like to state my support for Marin Clean Energy (MCE) as a Tiburon resident. After extensive research, I know that we simply cannot loose with this plan because: 1. I support the idea of Marin acting together to source renewable energy as quickly as possible. PG&E will not meet their targets and we need to take it into our own hands. 2. Marin will act as an example for other cities and counties and we will be much better off in the future as we eventually become our own distributed power-producing grid. 3. It is a fail-proof plan in that there are numerous exit opportunities, so we have NOTHING to lose by supporting it. My main concern is that people simply do not know about it. I would like to suggest more outreach and I would be willing to get involved. I am not sure if you have access to email lists. That would be a start although there are spamming issues, i know. Alternatively or additionally, I would like to send out a small postcard to every household in Tiburon. The most important thing to put on this postcard, in addition to information about MCE, is what citizens can do to show that they support it. That is, email and/or call their council and/or mayor. I look forward to hearing your response. Kind Regards, Matthew Savage Matthew Savage t: 415 254-0839 e: matthew@matthewsavage.com w: www.matthewsavage.com w: http://cleanroots.blogspot.com/ 1 DIGEST f#1I!1') ? 4."" TOWN OF TIBURON COURTESY NOTICE NOTICE OF TIBURON BOULEVARD PARTIAL CLOSURE & DETOUR CAL/TRANS TO PERFORM SAFETY TREE WORK On Saturday, August 9, between 8:00 a.m. and 12:00 noon, CAL/TRANS will remove some dead trees along the east side of Tiburon Boulevard (State Highway 131) near Stewart Drive. Outbound traffic will be diverted at Stewart Drive up to Hacienda Avenue, down Trestle Glen, and back to Tiburon Boulevard. The California Highway Patrol will provide traffic assistance. Incoming traffic (eastbound) should be uninterrupted; however, residents should allow for extra travel time during those hours. For more information, contact Trent Manning at CAL/TRANS (707-762-6641); Tiburon Public Works Department (415- 435-7354); or Police Dispatch (415-789- 2800). For immediate distribution: The Ark Marin IJ Tiburon Knolls HOA Tiburon Peninsula Chamber of Commerce City of Belvedere Belvedere PD/Tiburon PD Tiburon FPDISouthern Marin FPD T own Council Digest Posted at Town Hall 7/25/08 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard 94920 Action Minutes _ Re~~ ~= S r Tiburon Planning Commission Lf · July 23, 2008 - 7:30 PM ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL 7:30 PM Present: Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner Fraser, Commissioner Frymier Absent: Chairman O'Donnell ORAL COMMUNICATIONS There Were None Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration andlor placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING 1. 1600 MAR WEST STREET: AMENDMENT TO AN EXISTING CONDITIONAL USE PERMIT TO ALLOW EXTENDED HOURS OF OPERATION FOR OCCASIONAL SPECIAL EVENTS; Tiburon Peninsula Club, Owner/Applicant; Assessor's Parcel No. 058-171-17,76, &84, and 058-240-21; FILE #10808 [DW] Approved with Conditions 3-0 2. 1620 TIBURON BOULEVARD: TIME EXTENSION AND MODIFICATION FOR A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; Barbara Abrams, Owner; T-Mobile, Applicant; Assessor's Parcel No. 059-101-03; FILE #19606 [DW] Approved with Conditions 4-0 Tiburon Planning Commission Action Minutes July 23,2008 Page 1 DISCUSSION ITEM 3. 20-22 MAIN STREET: DETERMINATION AS TO WHETHER RECIRCULATION OF ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE "HARBOR LIGHT" COMMERCIAL PROJECT IS REQUIRED; Zelinsky Properties, Owner, Hank Bruce Architects, Applicant, Assessor's Parcel No. 059-102-18; File #10705 [LT] No Recirculation Required 4-0 MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of July 9, 2008 Approved as Modified 3-0-1 (Frvmier abstained) ADJOURNMENT 8:40 PM Tiburon Planning Commission Action Minutes July 23,2008 Page 2 (\9- \~ PuJb& I Advocates Board of Governors Leo P. Martinez, Chair UC Hastings College of the Law Fred H. Altshuler Altshuler Berzon LLP Fred W. Alvarez Wilson Sonsini Goodrich & Rosati Diane T. Chin Equal Justice Works Denelle M. Dixon-Thayer Yahoo! Inc. Martin R. Glick Howard, Rice, Nemerovski, Canady, Falk & Rabkin Joan Harrington Santa Clara University School of Law Dolores Jimenez Kaiser Permanente Miguel Mendez Stanford Law School Ann M. O'Leary UC Berkeley School of Law Abdi Soltani PARSA Community Foundation Judy A. Tam Independent Television Services Staff Jamienne S. Studley President John T. Affeldt Richard A. Marcantonio Managing Attorneys Liz Guillen* Director of Legislative & Community Affairs Wynn Hausser Director of Communication Edward Sungkyu Lee Director of Finance & Administration Tara Kini Guillermo Mayer Jenny Pearlman Michelle Natividad Rodriguez Staff Attorneys Angelica K. Jongco Samuel Tepperman-Gelfant Attorneys & Law Fellows Monica Henestroza* Policy Advocate Rebecca Durlin Smith April Dawn Hamilton Jo Heinan Patty Leal Clifford Loo Administrative Staff ..ct. .. RECEIVED JUL 2 4 2008 TOWN MANAGERS OFFICE TOWN OF TJ8URON July 23, 2008 ~/Q ~~~ Mr. Scott Anderson Director of Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Housing Element Obligations In The New Planning Period Dear Mr. Anderson: As California makes strides toward tackling climate change, local government is called upon to play an important part. Over the next year, Marin County and its towns and cities will prepare the 2009 update of their Housing Elements. In that process, the Town of Tiburon has the opportunity to achieve a triple-bottom line, by (1) making housing opportunities available on an equitable basis to families of all income levels, (2) contributing to the economic sustainability of the County and the region, and (3) doing both those things within a smaller environmental footprint. Nearly 44,000 Marin workers commute each day from other counties. Conversely, the recent Marin County Affordable Housing Inventory report found that 91 % of those who live in low-income homes in Marin work in Marin. By planning meaningfully to accommodate its share of the need for lower-income housing, the Town can make it possible for people to live in the communities they serve and spend more time with their families, rather than driving long distances to work. Public Advocates is working with the Non-Profit Housing Association of Northern California (NPH) to help ensure that cities and counties in the Bay Area have important information, including changes in the Housing Element Law that affect local affordable housing obligations with respect to both the new Housing Element Planning Period and the prior Planning Period that ended last year. I hope that the information provided in this letter will assist you in taking full advantage of this opportunity. No later than June 30, 2009, the Town is required to adopt a new Housing Element to cover the period from 2007-2014. The new Housing Element must accommodate the City'sICounty's "fair share" of the 131 Steuart Street, Suite 300. San Francisco, California 94105 . (415) 431-7430. fax (415) 431-1048 *1225 Eighth Street, Suite 430. Sacramento, California 95814 . (916) 442-3385 · fax (916) 442-3601 Letter of July 23, 2008 Page 2 of 4 Regional Housing Needs Assessment (RHNA) as allocated by ABAG for the new Planning Period. In addition, if the Town failed to accommodate any of its "fair share" housing need from the planning period that ended June 30, 2007, it is immediately responsible for completing the rezoning necessary to accommodate that unmet need. The Town's share of the very-low, low and moderate income housing need for the current and prior Planning Periods is as follows: Plannin~ Period Very-Low Income Low Income Moderate Income 1999-2007 26 14 32 2007-2014 36 21 27 HCD's 2008 income level chart can be found at www.hcd.ca.gov/hpd/hrc/rep/state/inc2k8.pdf. With a median income of $95,000 a year for a family of four, Marin County income limits range from $33,950 for an extremely-low income family to $56,500 for a very-low income family to $90,500 for a low-income family. These income groups include people who are the backbone of the community: teachers, police, firefighters, nurses, city and school district staff and service workers. Continuine Leeal Oblil!ations from the 1999-2007 Planninl! Period The 2001 Housing Element planning period ended on June 30, 2007. Fonseca v. City of Gilroy 148 Cal. App. 4th 1174, 1186 (2007). During that planning period, the Town was required to plan to accommodate a total of 72 new very-low, low, and moderate income housing units. Accommodating those lower-income housing units required the Town in its Housing Element to (1) prepare and analyze a complete inventory of developable sites (including sites available for re-use) in order to identify suitable sites, appropriately zoned and with necessary infrastructure to accommodate the new construction need at each income level; (2) identify and analyze governmental constraints that could hinder the development of those sites; and (3) adopt specific programs of actions to (a) identify "adequate sites" to make up any shortfall in the number of available sites with appropriate residential zoning and densities, as compared with the sites needed to accommodate the RHNA, and (b) remove governmental constraints to the development of those sites. Gov. Code S 65583. Independently, the Least Cost Zoning Law (Gov. Code S 65913.1) required the Town to "designate and z<?ne sufficient vacant land for residential use ... to meet housing needs for all income categories as identified in the housing element of the general plan." As the California Court of Appeal recently held, this statute "contemplates rezoning by a public entity pursuant to [the Housing Element of] its general plan within the five-year planning period covered by that plan." Fonseca, 148 Cal. App. 4th at 1180 (emphasis added). The close of the prior planning period last year did not relieve local jurisdictions from the planning and zoning obligations outlined above. Jurisdictions that did not complete the necessary higher-density rezoning to meet their share of the lower-income housing need for the 2002-2007 planning period by June 30, 2007, are subject to suit under the Least Cost Zoning Law, as noted above. I I Furthermore, AB 1233 now requires that, "in addition to any zoning or 11 An example of such a situation is discussed in a recent appellate ruling in one of our cases, Urban Habitat v. City of Pleasanton, No., A118327 (1 st Dist. Ct. App., June 20, 2008) Letter of July 23, 2008 Page 3 of 4 rezoning required to accommodate the jurisdiction's share of the regional housing need. . . for the new planning period," a local jurisdiction that "in the prior planning period failed to identify or make available adequate sites to accommodate" any portion of the regional housing need for that period "shall, within the first year of the planning period of the new housing element, zone or rezone adequate sites to accommodate the unaccommodated portion of the regional housing need allocation from the prior planning period." Gov. Code S 65584.09 (a) - (b) (emphasis added). We are currently reviewing the extent to which each local jurisdiction in Marin County complied with its obligation to accommodate its lower-income housing needs for the prior planning period. The purpose of our review is to identify any jurisdictions that, in addition to adopting a new Housing Element by June 30, 2009, to accommodate the newly-allocated share of housing need, must also immediately rezone enough vacant sites at high enough residential densities to accommodate the lower-income units allocated to it for the previous Planning Period. If the Town is one of those jurisdictions with an unmet rezoning obligation, I ask that you contact us to indicate that a plan to complete the needed high-density rezoning is in place. The Non-Profit Housing Association of Northern California is available to provide technical assistance; please contact Evelyn Stivers at evelvn@nonprofithousing.org. New Leg:al ReQuirements for the 2007-2014 Planning: Period In addition to the obligation to address any unaccommodated share of the prior need in the new planning, changes in the law also affect the substance of the Town's new Housing Element. Three bills that amended the Housing Element Law in the last few years are of particular interest. (1) AB 2634 now requires each jurisdiction to "calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households" (Gov. Code S 65583 (a)(l)), those with incomes of30% or less of area median. To do so, the City/Town/County "may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households." Id. (2) AB 2348 has both clarified and expanded the requirements for the Housing Element's inventory of sites and its rezoning program. First, the Element's inventory of land must now identify each site "by parcel number or other unique reference," and must give its size, general plan designation and zoning; a description of any existing use; a general description of any environmental constraints and of existing or planned water, sewer, and other dry utilities supply; and a map showing the location of each inventoried site. Gov. Code S 65583.2 (b). Second, based on the inventory, the Element "shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period." Gov. Code S 65583.2 (c) (emphasis added). The new statute provides detailed requirements that govern how this determination shall be made, including analysis of (opinion available at http://www.courtinfo.ca.gov/cgi-bin/npopinions.cgi). relating to allegations that a city failed to meet its obligation to re-zone sites to accommodate some 800 units of lower- income housing. Letter of July 23, 2008 Page 4 of 4 capacity (how many units can be accommodated), affordability, and site suitability. "The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing." Id. (3) The Element's rezoning program must "accommodate 100 percent of the [RHNA] need for housing for very low and low-income households. . . for which site capacity has not been identified in the inventory of sites" (Gov. Code S 65583.2 (h)), including that portion of the housing need "that could not be accommodated on sites identified in the inventory." Gov. Code S 65583(c)(1). The Element must do so "on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period." Gov. Code S 65583.2 (h). These sites must "be zoned with minimum density and development standards" specified in the statute. Id. In the absence of a detailed analysis of feasible densities for lower-income housing (Gov. Code S 65583.2 (c)(3)(A)), the statutory minimum density to accommodate the lower-income housing need is 30 dwelling units to the acre for the County of Marin and the Cities of San Rafael and Novato, and 20 dwelling units to the acre for all other Marin cities. Memo from Cathy Creswell Re: AB 2348, dated June 9, 2005 (available at http://www.hcd.ca.gov/hpd/hrc/plan/he/ab2348stat04ch724.pdt), App. 1, page 5. (4) Effective this year, SB 2 requires local jurisdictions to strengthen provisions for addressing the housing needs of the homeless, including the identification a zone or zones where emergency shelters are allowed as a permitted use without a conditional use permit. I would be happy to discuss these requirements with the Town, and hope we can assist you in integrating them with your continuing efforts to improve your Town. Very truly yours, (C Richard A. Marcantonio Managing Attorney CC: Margaret Curran ~