HomeMy WebLinkAboutTC Digest 2008-09-12
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TOWN COUN'CILWEEKLY DIGEST
Week of September 8 - 12, 2008
Tiburon
1. Letter - Wm. Abelmann - Caprice Restaurant Expansion
2. Yearly Recap - Design Review Submittals - August 2008
3. Monthly Report - Office of Design Review - August 2008
Agendas & Minutes
4. Minutes - LCOTHA Bd. Of Directors - 8/11/08
5. Minutes - Planning Commission - 8/27/08
6. Action Minutes - Planning Commission - 9/10/08
7. Agenda - Design Review Board - 9/18/08
Regional
a) Letter - LCC - Orange Co. Division - Future of Local Control
b) Invitation - Marin Conservation League Bus. Breakfast - Clean Energy
c) Invitation - Calfed Science Conference - Bay-Delta System*
d) LCC Annual Exposition - Invitation to Visit Buxton Retail Space Booth *
e) LCC Annual Exposition - Invitation to Visit T-Mobile Booth *
f) LCC Annual Exposition - Invitation to Visit CA.Code Enforcement Booth *
g) LCC Annual Exposition - Invitation to Visit PERC Water Quality Booth *
h) Service Matters - ABAG Newsletter - September/October 2008 *
Agendas & Minutes
i) Agenda & Minutes - ABAG Executive Board - 9/18/08
* Council Only
September 4, 2008
RECEIVED
SEP - 8 Z008
DIGEST
I.
Tiburon Planning Commission
Tiburon City Council
1505 Tiburon Blvd.
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Re: Caprice Restaurant Expansion
I want to express my concern over the design and expansion of the Caprice Restaurant. I
am a resident of Point Tiburon Bayside and I believe an expansion will add to the
challenges the restaurant already brings to this part of our community.
1. It is my understanding the restaurant in the past has already expanded beyond the
intent of the City. Without a doubt this is a residential area of the City.
2. The restaurant, which was originally a small cafe to serve the local community,
now serves bulk touring groups as well as the community. The proposed
expansion will allow them to grow the larger group business which brings even
more people to a small sidewalk area and to an area of limited parking. Even with
a proposed shuttle service being offered, many will just be determined to park in
the small city lot or along Mar West. The residents or those wishing to enj oy the
shoreline as visitors will find less and less parking for them. The proposed off-site
parking with shuttles will add to the congestion on it. street with a curve, which (as
previously noted) is already a dangerous situation. I often see cars travel too fast
around the curve and before they know it there is a crosswalk in front of them.
Good planning should not support a commercial expansion located on a curved
street and dependent on visitors. One of these days someone will be hurt at this
intersection. An expansion of the restaurant will add population to this
intersection and increase that risk.
3. We still hear noise every now and then of employees at the restaurant breaking
bottles in the evening hours. We would like this discontinued or done during
normal working hours (i.e. after 9am and before 6pm).
4. Any new noise from music needs to be non-audible to the outside. What happened
every time a door opens? This is a residential neighborhood-not the town center.
There are elderly and young babies who sleep during the day as well as evenings.
E:~e~ the Sanitary Sewer system works hard to keep any noisy times down to a
mInImum.
5. The design should be sympathetic with the surrounding neighborhood like any
good planning. It should not be something totally out of character. Adding a big
walled building of the proposed height does not appear sympathetic to the
location. It is like putting a big box in front of the waterfront. Is that what the City
really wants?
6. For planning purposes the highest and best use for this site has to be high end
residential. Has the current ownership ever studied that possibility? I suspect
they would get a lot of support from the neighborhood if they chose to go that
way.
7. The City should commit that the small parking lot is for everyone's benefit-not
just those that live there, but visitors to the shoreline park and the restaurant. Too
often this lot appears to be dominated by the restaurant. The same goes for the
public parking along Mar West. How is this currently policed?
8. When there have been group events those living at Point Tiburon often here of
noisy customers coming out of the restaurant walking to their cars. Most of the
time it is a noise issue but sometimes one can feel unsafe as well.
e my main concerns. We want to be good neighbors but I believe the views of
hbors are not being listened to at all.
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DIGEST
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TOWN OF TmURON
DIGEST ~
OFFICE OF DESIGN REVIE\"
MONTHLY REPORT
AUGUST 2008
DESIGN REVIEW BOARD APPLICATIONS:
NUMBER SUBMITTED
2007
~ NEW SINGLE F AMIL Y RESIDENCES
~
~ MAJOR ADDITIONS/ AL TERA TIONS
~
~ MINOR ADDITIONS/ AL TERA TIONS
~ (not eligible for Staff Review)
~ SIGN PERMITS
~ TREE PERMITS
~
~ V ARIANCE REQUESTS
~ FAR EXCEPTIONS REQUESTS
~ EXTENSION OF TIME
1
2
2
2
1
4
o
2
3
4
2
4
o
1
o
o
, STAFF REVIEW APPLICATIONS:
Review of minor exterior alterations and additions of less than 500
square feet.
13
13
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
o
o
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DA TE OF REPORT: September 10, 2008
'.t;li
LYFORD's COVE -OLD TIBURON HOMEOWNER'S ASSOCIATION
If.
DIGEST
Lyford's Stone Tower 1889
National Register of Historic Places,
Washington, D. C.
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Lyford's Cove - Old 'Tiburon
Homeowners Association CLCOTI IA)
98 Main Street #634
Tiburon, CA RECeiVED
SEP - 9 2008
TOWN MANAGERS OFFICE
TOWN OF TIBURON
MINUTES - LCOTHA BOARD OF DIRECTORS - August 11, 2008
The meeting was called to order at 7: 10 PM by Bill Lukens. Attending: Diane Lynch, Fran
Wilson, Cathy Benediktsson, Madeleine Wood, Alice Fredericks, Len Sellers, Susie Fraen-
kel Cattell, Stephanie Regan, Kell Bredsig Larsen and Pat Montag. May 2008 Minutes
were approved, with the addition that the party date is changed to October 12th at 4PM.
Bill Lukens reports the passing of Philip Bass last Friday night, (former husband of
Sharon Bass). He was on various Town positions for 15 years and over 30 years with the
LCOTHA. We honor his tremendous commitment to the community.
TREASURERS REPORT: Kell Bredsig Larsen handed out tne 2007 budget for reference to
the 2008 budget and included the current paid membership and funds. Membership
needs to be reminded to pay this years dues, we are way behind last year at this time.
We have $5738.1 7 at this time. Discussion followed with respect to having people pay up
to attend the Fall party (October 12th at 4PM) at the Tiburon Peninsula Club. As a
benefit of LCOTHA membership, the association is paying the facility fee with tick-
ets ($15 adults, $5 children) to pay for food. Swimming will be available for $7, the
, enclosed playground is complementary. The consensus is we will have a great time
at this event, and look forward to it. Many thanks to Susie Fraenkel Cattell for organ-
izing this event.
EMERGENCY PREPAREDNESS: Stephanie Regan reports that the last educational/
assistance push through Old Tiburon occurred May 2007-8. Everyone had a mailout and
everyone was called. Approximately 1 % wanted help or had questions. This tremendous
labor intensive effort will be followed up by a mail out every several years. Emergency
trailers with emergency supplies are stationed in Southern Marin. This Tiburon penin-
sula has none so far. Much has been done and we are positioned well for the time being.
Thank you Stephanie!
PATHS: Fran Wilson is heading up a cleanup party for Lyford Tower, the landmark of Ly-
ford Cove. It has been several years since Kell Bredsig Larsen has done this and it needs
it again. Fran's email fhwilf1y@ao1.comif you would like to help with this event. Also if
anyone can figure out how to get a bit of water to it, we could plant a few drought resis-
tant plants which will only need water for the first year.
Three paths (one in our neighborhood) will be fIXed up by the Town using funds received
from the Federal government (NTPP-Non Motorized Transportation Pilot Program. This
model program to reduce car trips is administered by the County and is one of four con-
ties in the nation chosen for the model program. They will not pay for landscaping.
Lower Raccoon path has been chosen and will get paved steps on the upper part, with
page
switchbacks to a straight path on the lower more level section. The path will be 5 feet
wide with 2 1/2 feet on each side for gravel (Total 10 feet). Piper Berger and Susie Fraen-
kel Cattell have volunteered to water plants for a year until they get established. A small
strip of landscaping is planned along the side of the path. The City will maintain the
path, so is picking the plants. Some homeowner funds have been requested. More to
come next meeting.
Upper Las Lomas will be blocked by a large house according to plans approved by the De-
sign Review Board. This is between Centro and Vistazo where the curve is. The path has
been used for a long time by residents going to-and-from.
BELVEDERE TIBURON LIBRARY: Thanks to Fran Wilson for hosting a presentation to
better understand the expansion ideas on June 8th. The final plans voted on last month
by the Library Agency put parking in the back, and the expansion in the front. The EIR
process is next. It is time for all put in their ideas. The community is waking up on this
item. Get involved!
SOCIAL EVENT PLANNED FOR OCTOBER 12TH at 4PM at THE TIBURON PEN-
INSULA CLUB: Susie Fraenkel-Cattell has offered to help set up the Fall Party at the
TPC. $15 for adults, $5 for children. Members will be able to enjoy the new facilities
if you haven't had a chance. The party invitations will be out soon!
ENVIRONMENTAL/ ARCHITECTURAL: Madeleine Wood reports that the Caprice Restau-
rant has erected it's story poles. We recommend all to take a look as they drive to down-
town from the Lyford Cove area. The expanded restaurant will block the first view of
Belvedere as you come around the point. The new building is to be built off-site and
barged to the exiting location. The existing building to be demolished completely. The
EIR draft is due in September along with a public hearing. It is really critical for residents
to attend. Traffic from the restaurant drop off is to be routed around the narrow curves
of Paradise to Solano and Mar East and back to town. These streets have no sidewalks
for walkers. The traffic on these narrow, curvy, pedestrian filled streets is a big concern.
~The restaurant is planning to use a van to shuttle people from local parking using this
residential neighborhood route. Caprice is recommending the Town install a flashing yel-
low traffic light when pedestrians are in the crosswalk. You can make a difference, at-
tend the public hearings (to be set in Sept or October) and let your voice be heard. Scan
below is taken from the architectural drawing submitted to the Town - "Pier 39 style" Ca-
price restaurant.
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page
2
L ~'(,>. F 0 If'R D's C 0 V E - 0 L D T I 8 U RON H 0 M E 0 W N E R S ASS 0 C I A T ION
Example photo of the proposed van. The
van is to be used to transport customers
from parking to and from the Caprice.
Because there is no turnaround at the
Caprice the plan is to go through the
residential neighborhood of Paradise,
Solano, and Mar East.
These streets do not have sidewalks or
sufficient lighting and are favorites for
walkers in the evening when the vans
will be running.
FERRY BOAT UPDATE: Bill Lukens reports that the boat hulks have deteriorated sub-
stantially. The fares have doubled and routes have been late, canceled (sometimes with-
out warning) in addition to boats breaking down. The Blue and White ferry boats (6:45
am, 4pm and 8 pm) commuter ferry originating in Larkspur to start in Sausalito (no Ti-
buron stop) use Raccoon Straits as a shipping channel which is not allowed as well as
some weekend ferries which are a real hazard to the small boats in the straights. These
also cause significant erosion for all the shoreline homeOWners. The Hornblower and
other excursion boats travel very slowly and do not contribute as much to the erosion
problem. The ferry boats have also become "Third world in sanitation". Too bad to even
explain. The bicycles have overrun the system, clogging the ability to get on and off, as
well as overtaxing the bathrooms. We applaud the green approach, but the facilities have
to keep up! Substitute vessels (300/0 of the time) are even worse and dangerous. Perhaps
the bicycle rental outfit "Blazing Saddles" could help keep the bathrooms clean!
2008 Meeting Dates Tiburon Town Hall Chamber Room: November 10th Our
board meets at 7:00 pm, in the Town Council Chambers. Our Board Meetings typically feature reports from
our standing committees, which, in addition to Emergency Preparedness, include the Library Committee,
Design/Architectural Committee, Paths Committee and Social Committee. Join us!
If you haven't sent in 2008 Membership Dues please clip this coupon and send to address below.
Membership ApplicationlYearly renewal for LCOTHA, 98 Main Street, Box 634, Tiburon, CA 94920
$20.00 payable to.LCOTHA
NAME:
PHONE:
page
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3
L Y FOR D's C 0 V E - 0 L D T I BUR O"N H 0 M E 0 W N E R S ASS 0 C I A T ION
Bill Lukens, President
Stephanie Regan, Emergency
Preparedness
Susie Cattell, Social Committee
Madeleine Wood, Library Committee
Fran Wilson, Paths Committee
Bill Lukens, Historical Committee
vacant, Vice President
Kell Bredsig Larsen, Treasurer
--~~ '--"l;:
--~~.:..~~---- --- -
-.-... _. - ---~ "
Lyford's Stone Tower 1889
National Register of Historic Places,
Washington, D. C.
Lyford Cove - Old Tiburon
Homeowners Association (LCOTHA)
98 Main Street #634
Tiburon, CA
pal
Helen Lindqvist, Design Committee
Diane Lynch, Membership
Cathy Benediktsson, Secretary
Pat Montag, Board Member
Alice Fredericks, Board Member
Klaus Meinberg, Board Member
Len Sellers, Board Member
Town Council Town Hall
1505 Tiburon Blvd
Tiburon CA 94920
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4
PLANNING COMMISSION
MINUTES NO. 970
August 27, 2008
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
DIG s.
1:8-r
CALL TO ORDER AND ROLL CALL:
Chair O'Donnell called the meeting to order at 7:30 p.m.
Present:
Chair O'Donnell, Vice-Chair Kunzweiler, Commissioners Corcoran,
Fraser and Frymier
Staff Present: Community Development Director Anderson, Planning Manager Watrous
and Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Community Development Director Anderson noted that the newly created Parks, Open
Space and Trails Commission held its inaugural meeting on August 26, 2008, which
included the selection of officers and several items of busIness.
PUBLIC HEARING:
.'
1. 215 BLACKFIELD DRIVE: ANNUAL REVIEW OF CONDITIONAL USE
PERMIT FOR KOL SHOFAR SYNAGOGUE AND APPURTENANT DAY
SCHOOL; FILE #48404(C); Congregation Kol Shofar, Owner; Assessor's
Parcel No. 034-291-31
Planning Manager Watrous presented the staff report, stating that in 1985, the Town of
Tiburon approved a conditional use permit authorizing synagogue and day school uses on
property located at 215 Blackfield Drive. He stated that an annual review of the use
permit is,.,required and that the most recent Planning Commission review of this use
permit was conducted in 2004. He reviewed the status of the pertinent use permit
conditions of approval, and corrected Item lOin the staff report, noting that staffhas
received two letters of complaint since 2005 from a neighbor regarding the timing of the
parking lot lights. He stated that the synagogue and day school uses are currently
operating in overall substantial compliance with the conditions and parameters of the
conditional use permit, as currently constituted.
Scott Hochstrasser, planning consultant to the applicant, gave staff and the Commission
updates on the points of compliance that staff noted need to be monitored. He pointed out
TIBURON PLANNING COMMISSION MINUTES - AUGUST 27. 2008 MINUTES NO, 970
PAGE I
that the synagogue uses and pays for the Tiburon Police traffic control to manage traffic
during the High Holy Days. He said that Kol Shofar has conducted a drainage test on the
driveway leading to Reedland Woods' Way and although the cause of the drainage issue is
unknown at this time, they plan to conduct another test and resolve any problems either
now or as part of the new construction. He agreed with the staff recommendations that
the property continues to comply with all conditions of approval and asked that the
Commission find there is no need for any additional conditions.
Commissioner Corcoran asked if the sinkhole has had any effect on parking or site
circulation. Mr. Hochstrasser explained that the sinkhole is situated just behind the curb
at the beginning of their driveway and that the pavement is showing slight signs of
deterioration.
Vice-Chair Kunzweiler asked if the drainage and pavement improvements are contingent
upon the remodel work planned or if Kol Shofar would be willing to repair the damage
prior to construction. Mr. Hochstrasser explained that they are currently investigating the
site for groundwater as that would have a significant impact on construction.
Chair O'Donnell opened the public hearing.
Samantha Winter said she has called the police once or twice in'the past few years to
complain about squealing tires or late activity in the synagogue's parking lot and that
these complaints were not noted by staff. She asked if and how this information filters
down to staff and if she should follow-up with them following a complaint to the police.
Planning Manager Watrous explained that if police respond and find nothing, there is
often no report to forward to staff. He asked Ms. Winter to notify him via email following
a complaint, especially any that pertain to a use permit.
Chair O'Donnell closed the public hearing.
Commissioner Fraser said he visited Kol Shofar, is satisfied with the staff report, and
supported continuing with another review period as scheduled.
Commissioner Corcoran said that he visited Kol Shofar and found their operations to be
in line with the conditional use permit. He expressed his desire to address the issue of
parking lot noise should it become an ongoing concern. Planning Manager Watrous noted
that requirements were implemented during the design review process to address the
Issue.
Commissioner Frymier concurred with Commissioners Fraser and Corcoran. She stated
that she spoke in detail with Kol Shofar representatives regarding their plans to mitigate
the drainage issues, even temporarily, and found everyone to be very cognizant of the
problem and willing to address it.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 27.2008 MINUTES NO. 970
PAGE 2
Vice-Chair Kunzweiler stated that he agreed with the staff report's recommendations and
felt that the conditional use permit should continue as it is.
Chair O'Donnell concurred with the other Commissioners.
ACTION: It was MIS (Fraser/Corcoran) to determine that Kol Shofar remains in
substantial compliance with the applicable terms and conditions of the conditional use
permit. Vote: 5-0.
MINUTES:
4. PLANNING COMMISSION MINUTES - Regular Meeting of August 13,
2008
Commissioners requested the following amendments to the Minutes:
· Page 3, 6th paragraph, amend the 2nd sentence to read "He spoke of the
concerns..."
· Page 4, 4th paragraph, amend the 1st sentence to read; '~Vice-Chair Kunzweiler
stated that the sense of the subcommittee was that..."
· Page 7, 3rd paragraph, delete "on" and retain "upon" in t4~ fITst sentence.
· Page 8, 4th paragraph, delete "one" following "1 DO" in the last sentence.
· Page 10, 6th paragraph, delete "articulated" in the first sentence.
· Page 10, 6th paragraph, amend the 3rd sentence to read". .. felt that the Planning
Commission should request sound mitigation measures from the applicant.. . "
· Page 10, 6~ paragraph, amend the 4th sentence to read "He said that he was
sensitive to the Grace's concerns over emissions on Shepherd Way but felt that is
was up to the applicant to come up with any possible mitigation measures."
· Page 11, 1 st paragraph, amend the 2nd full sentence to read "He noted that is was
not reasonable..."
· Page 13, 9th paragraph, change "would" to "could" in the last sentence.
MOTION: It was M/S (Corcoran/Kunzweiler) to approve the minutes of August 13,
2008, as amended. Vote: 5-0.
TIBURON PLANNING COMMISSION MINUTES - AUGUST 27,2008 MINUTES NO. 970
PAGE 3
ADJOURNMENT:
The meeting was adjourned at 7:50 p.m.
ATTEST:
DANIELM. WATROUS, SECRETARY
EMMETT O'DONNELL, CHAIRMAN
TIBURON PLANNING COMMISSION MINUTES - AUGUST 27.2008 MINUTES NO, 970
PAGE 4
,.
TOWN OF TIBURON
Tiburon Town Hall
;0; 1505 Tiburon Boulevard
Tiburon, CA 94920
Action Minutes - Regular Meeting
Tiburon Planning Commission
September 10,2008 -7:30 PM
ACTION MINUTES
/)IG~
~8.,.
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL At 7:35 PM
Chairman O'Donnell, Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner
Fraser, Commissioner Frymier All Commissioners Present
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 Copunission is not able to
undertake extended discussion, or take action on, items that do not appear on this agenda.
Matters requiring action will be referred to Town Staff for consideration and/or placed on a
future Planning Commission agenda. Please limit your comments 't~ 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. 80-E MAIN STREET: CONDITIONAL USE PERMIT TO OPERATE A SEGWAY
RETAIL SALES BUSINESS; FILE #10809; Zelinsky Properties, Owner; Slide4less,
LLC, Applicant; Assessor's Parcel No. 059-102-20 [LT] Voted 3-3 to direct Staff to
return with a Resolution denvin1! the aoolication for the Seotember 24. 2008
meetinfl
2. 81 PASEO MIRASOL: AMENDMENT TO AN EXISTING PRECISE PLAN (THE
RING MOUNTAIN PRECISE PLAN) TO CHANGE THE DESIGNATION OF A
VACANT PARCEL FROM OPEN SPACE TO PRIVATE RECREATION USE;
FILE #30802; Doug and Leslie Barry, Owner; Riley Hurd, Applicant; Assessor's
Parcel No. 38-410-01 [SA] Voted 5-0 to direct Staff to return with a Resolution
denvinfl the aoolication to the Seotember 24. 2008 meetinfl
Tiburon Planning Commission
Action Minutes
September 10, 2008
Page 1
MINUTES
3. PLANNING COMMISSION ,MINUTES - Regular Meeting of August 27, 2008
AdoDted as Submitted 5-0
ADJOURNMENT At 9:52 PM
Tiburon Planning Commission
Action Minutes
September 10, 2008
Page 2
B.
.'
C.
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DESIGN REVIEW BOARD
AGENDA
DIG ~
~8.,.
TOWN OF TmURON
1505 TffiURON BOULEVARD
TffiURON, CA 94920
DATE: 9/18/08
MEETING TIME 7:00 P.M.
AGENDA NO.: #13
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the
presentation of all points of view, members of the audience should:
(1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit
presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the
meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town.
If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will
not be sent out for items continued to a specific date.
Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any
item on this agenda, including agenda-related documents produced by the Town after distribution of the
agenda packet 72 hours in advance of the Board meeting, will be available for public inspection at Tiburon
Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920.
A.
ROLL CALL:
Chair Doyle, Boardmembers Chong, Glassner, and Tollini
PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
STAFF BRIEFING
OLD BUSINESS BEFORE THE BOARD
96 Mt. Tiburon Court. 96 Mt. Tiburon LLC New Dwelling
NEW BUSINESS BEFORE THE BOARD
430 Ridge'Road
Hannahs/Garay
Minor Alterations/ Appeal
APPROVAL OF MINUTES #12 OF THE 9/4/08 DESIGN REVIEW BOARD MEETING
ADJOURNMENT
**PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER**
ALlSO VIEJO
ANAHEIM
BREA
BUENA PARK
COSTA MESA
CYPRESS
DANA POINT
FOUNTAIN VALLEY
FULLERTON
HUNTINGTON BEACH
IRVINE
LA HABRA
LA PALMA
LAGUNA BEACH
LAGUNA HILLS
LAGUNA NIGUEL
LAGUNA WOODS
LAKE FOREST
LOS ALAMITOS
MISSION VIEJO
NEWPORT BEACH
ORANGE
PLACENTIA
RANCHO SANTA MARGARITA
..
SAN CLEMENTE
SAN JUAN CAPISTRANO
SANTA ANA
SEAL BEACH
STANTON
TUSTIN
VILLA PARK
WESTMINSTER
YORBA LINDA
ORANGE COUNTY DIVISION
DIGEST
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S/lllpinx ollr Future Together
September 12, 2008
RECEIVED
SEP 1 2 2008
Mayors and Councilmembers of California Cities
TOWN MANAGERS OFFICE
TOWN OF TlBURON
Re: The Future of Local Control
Dear Mayors and Councilmembers:
Each of you represents a very unique and wonderful community. There are
small and large cities, urbanized, suburban and rural cities, cities with big
budgets and small ones, and cities with small staffs and ones with large
personnel resources. One size does not fit all or address the diversity of people
and cities that make up California. And you, not ~he State of California, truly
know and understand how best to enhance the quality of life of the people you
serve.
For decades, Mayors and City Council members have been able to meet the
challenges facing their community because they have had that ability, through
local control, to do so. The Orange County Division of the League of Cities
believes the vital need to control our destiriy is bei~g undermined, particularly
over the last 10 years or so, and if the trend continues local control will really no
longer exist.
One area we had been able to protect, by vigorously guarding it, was local land
use control. Now, that vital area of local control is being further undermined by
SB 375. The proponents of the bill have called it a "watershed moment",
"landmark legislation" and "the most important land use bill" in decades. You
will hear the State League say the bill is better than it was last fall and earlier
this year. That may be true. But, it is still a bad bill that erodes your local land
use authority. And not by the Legislature, but by regional bodies and the
regulations and determinations of the California Air Resources Board (CARB),
a single purpose regulatory agency with no experience in land planning and no
experience in the myriad of issues that go into a community land use plan.
Clearly, CARB does not have the same depth of knowledge or understanding of
local land use issues and challenges as do the cities themselves.
Unfortunately, the first wave of attack on local control and local land use
decisions, with respect to global climate change, came with the passage of
Assembly Bill 32 (AB32), passed into law by the California Legislature in
August 2006. The next step in the further erosion of local control is SB 375,
currently awaiting the Governor's signature.
PRESIDENT John Beauman, Council Member, Brea: FIRST VICE PRESIDENT: L Allan Song,I.lu. Jr.. Mayor Pro Tem. Laguna Hill,. SECOND \ ICE PRESIDENT: Jerry Am.lIlle. Ma)or Pro Tcrn. Tu,lin:
ADVOCACY COMMITTEE CHAIR. Peler HerLog, Council Memher. Lake Foresl; STATE LEAGUE DIRECTOR Richaru Dixon. Mayor, Lake Forest. P.\ST PRESIDENT Dl:hhlc Cook. Mayor Pro Tl:m. Hunllll~f(lll Be:"h.
CITY AT-LARGE REPRESENTATIVES Gail Reavis. Mayor. Mi",on Viejo, Gil Coef'jlel, Mayor Hunlinglon Beach: Carlch Blhf.llnanle. Council Memher. Sanla An.
DISTRICT AT,LARGE REPRESENTATIVES. 'ST DISTRICT - Margie Rice. Mayor. Weslminsler, 2ND DISTRICT. Cheryl Bralher" COllncil Mcmhcr. Fpunr.,in "alley. lRD DISTRICT LOll BOllc. ~"'.Ior Tu"ill
4TH DISTRICT - Rose EspinOla. M;lyor Pro Tern La Hahra. 'TH DJ')TRICT CIIIllCIl Ca\'c. Ma\or. .\lis" \'ICI" F\Fel'TI\'!: DIRECTOR 1..1l'.1 Kelly
ALlSO VIEJO
ANAHEIM
BREA
BUENA PARK
COSTA MESA
CYPRESS
DANA POINT
FOUNTAIN VALLEY
FULLERTON
HUNTINGTON BEACH
IRVINE
LA HABRA
LA PALMA
LAGUNA BEAClI
LAGUNA HILLS
LAGUNA NIGUEL
LAGUNA WOODS
LAKE FOREST
LOS ALAMITOS
MISSION VIEJO
NEWPORT BEACH
ORANGE
PLACENTIA
RANCHO SANTA MARGARITA
SAN CLEMENTE
SAN JUAN CAPISTRANO
SANTA ANA
SEAL BEACH
STANTON
TUSTIN
VILLA PARK
WESTMINSTER
YORBA LINDA
ORANGE COUNTY DIVISION
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Shaping our FII/llre Toge/her
In summary, here is how SB 375 works. AB 32 gave CARB the statewide
regulatory authority regarding compliance with greenhouse gas emissions. SB
375 would establish CARB as the lead agency for implementing AB 32. CARB
will decide how much green house gas reductions must be achieved in a given
area. They will then advise the 17 Metropolitan Planning Organizations (MPOs)
of those goals, and then the MPO must come up with a transportation plan AND
land use plan, called a Sustainable Communities Strategy (SCS), to meet the
reductions goals. The object of the SCS, according to the proponents, is to have
"growth in the right direction", not "in the wrong direction." Furthermore, once
the MPO comes up with the "plan", they have to send it up to CARB. CARB
has the absolute, unilateral authority to reject the SCS, even if all the local
agencies have agreed on it, and send it back to be redone.
While SB 375 does not technically require you to change your general plans to
conform to the SCS developed by regional planners, it carries a stick. Future
transportation funding is linked to the SCS. State and Federal transportation
monies would be funneled to those cities and pr9jects that change their general
plan to meet the SCS. It would also affect local self-help sales tax transportation
initiatives passed beginning in 2010 that don't fit the SCS. The entire concept is
that transportation projects would only be funded in areas where these other
agencies, not your city, decide growth should 'occur. By only improving
transportation in certain areas, mainly along traI}.sit corridors, the central
planners would force the growth into those locations. So you may not be
"required" to change your general plan, but don't count on getting money to
meet your transportation needs if you don't.
Also, sa 375 will not be the end of this erosion of local land use control. There
is already a great deal of discussion about additional legislation next year to
supposedly "implement" the provisions of sa 375. Some have said this is the
"first step" towards regional land use planning, and ultimately regional, not
local, governance. This approach to centralize local land use control should not
be supported or condoned.
What concerns us the most is how SB 375 was put on the fast track. The version
of SB 375 discussed above was not put into print until August 13, 2008. It has
since been rushed through the Legislature to meet the August 31 deadline.
Eighteen (18) days on a "landmark" piece of legislation with serious
consequences. This process prevented the vast majority of Californians, and
even most of the elected city officials, from even knowing the details and
consequences of SB 375, much less being able to contact their Legislators with
concerns. How tragic for California cities and the people of California.
PRESIDENT John Beauman, Count'll Memher. Brea; FIRST VICE PRESIDENT L Allan Song,lau. Jr. Ma)or Pro Tcm. Laguna Hill~. SECOND VICE PRESIDENT: Jerr) Amante. /o.b)Of Pro TClll. Tlhlin
ADVOCACY COMMITTEE CHAIR' Peler HerLOg, Counc,l Memhcr, Lake Fore~l: STATE LEAGUE DIRECTOR, Ri,'haru Dixon Mayor. Lake' Fore,/. PAST PRESIDENT Dchhlc Cook. Mayor Pre> Tcm. HIIIl/lnglon Be"lh
CITY AT-LARGE REPRESENTATIVES: G.,il Rea\ls, Mayor, M""on Vicjo, Gil Coerper. Mayor. Hunlingron Beach: Carl", Bu"a'nantc, Couned Mernhcr, Sanla Ana.
DISTRICT <\1'- LARGE REPRESENTATIVES I ST DISTRICT - Margie RILC, Ma) or. WeQl11in-rer: 2ND DISTRICT. Chclyl Brother" Councd !I.1cl11hcr. Fi'UUlaill Valley. ~RD DIS rRICT ' Lou BOI1<'. M." or rU'lln.
4TH DISTRICT Ro,c ['pinal... Mayor Pro Tem LI H,Ihra. 'iTH OI'iTRICT ClIl11Cn c.l\e M,l\or >\1"" "icl" rXFCl' /1\'[. DIRECTOR L,,') Kelly.
ALlSO VIEJO
ANAIIEIM
BREA
BUENA PARK
COSTA MESA
CYPRESS
DANA POINT
FOUNTAIN VALLEY
FULLERTON
HUNTINGTON BEACH
IRVINE
LA HABRA
LA PALMA
LAGUNA BEACH
LAGUNA HILLS
LAGUNA NIGUEL
LAGUNA WOODS
LAKE FOREST
LOS ALAMITOS
MISSION VIEJO
NEWPORT BEACH
ORANGE
PLACENTIA
RANCHO SANTA MARGARITA
SAN CLEMENTE
SAN JUAN CAPISTRANO
SANTA ANA
SEAL BEACH
STANTON
TUSTIN
VILLA PARK
WESTMINSTER
YORBA LINDA
ORANGE COUNTY DIVISION
(,I)I) WEST SANTA ANA IiOllLEVARI>, SUITE 114, SANTA ANA. Ci\l.lHIRNI/\ '127ft I
rl'l,I,PIIlINE: (714)'171 n077 FAX' (714) 9n-IR16 cllIail: tll'l'illn,utIl'cilln (lr!!
Shapil1R our Future Together
There are two courses of immediate action that are important. First, letters
requesting a veto of SB 375 should be sent to the Governor. Secondly, at the
upcoming League Annual Conference, the importance and protection of local
control in all areas, not just land use control, needs to be seriously discussed and
reasserted. In fact, the membership may want to consider creating a platform for
the future of the League, which clearly and succinctly states:
"The right of cities to locally control the destinies of their communities,
such as in land use, is the most critical element to maintaining the cities' ability
to provide a high quality of life to the people of California. The right of local
control is increasingly under attack, especially at the State level, and must be
vigorousl y protected. The protection and enhancement of local control is the
primary objective of the League of Cities. Therefore, the actions of the League
and any decisions to support or oppose any legislation, will be guided by
whether that legislation promotes or destroys local ~ontrol."
Under the guise of preventing global warming and greenhouse gas emissions,
central authorities' actions will mean that cities will become increasingly
irrelevant in local land use planning and control. Can we afford to silently step
aside? As mentioned, the legislative assault on local control will not be over this
year. The League of California Cities' states that its mission is, HTo RESTORE
and PROTECT LOCAL CONTROL for citie.~ through education and
advocacy in order to enhance the quality of life for all Californians." Consistent
with this mission, the League of California Cities states that its first Core Belief
is that, HLocal self-governance is the cornerstone of democracy." We believe in
these principles and would like to see the League of California Cities stand up
for the same on our behalf. Therefore, we look forward to working with you in
the future to support your ability to enhance your unique cities, and meet the
varied challenges you face without the assistance of or interference from central
control by CARB or other state authorized agencies.
S incerel y,
~~
~77
John Beauman
Orange County Division, LCC
President
Peter Herzog
Orange County Division, LCC
Advocacy Chair
Cc: League of California Cities
PRESIDENT: John Beauman. Council Mcmhcr. Brca; FIRST VICE PRESIDENT L Allan Song,lad. Jr., Mayor Pro TCIll, Laguna Hills. SECOND VICE PRESIDENT. Jerry AllIanle. ~bY(lr Pro Telll Tu,rin.
ADVOCACY COMMITTEE CHAIR. Pclcr HeriO!!, Council Memher. Lake Fore,l: STATE LEAGUE DIRECTOR Ril'hard Dixon. Mayor. Lake Fore.'1. PAST PRESIDENT' Dehh" Cook, M'l\l1I Pro Te111. HUI11111~'''11 BCaL'h,
CITY AT-LARGE REPRESENTATIVES' Gail Rcavis. Mayor. Mi,,,ol1 Vicjo, GII Coerper, Mayor. Huoting'ton Bc"ch. CIII,,, BII";llnanle. Counl'i1 Memhcr, Sanl~ Ana, -
DISTRICT AT,LARGE REPRESENTATIVES. 1ST DISTRICT - Margie Ricc. M"Yllr. WC'llllin,'cr. 2ND DISTRICT - Cher~1 Brolhef\. COlll1cill\k111hcr rcunl",n \',IIlcy. lRD DISTRICT - LOll BOl1e.l\b~or. T'hI1l1.
-lTH DISTRICT. Ro'l: EspinOla. M"ynr Pro Tenl L., Hat"" 'iTH DISTRICT. ClrIllel1 e".c. I\b~"r. -\Ii", \'il'Jn EXf.('[' rl\T DIRECTOR 1..1l~ Kelly
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The Marin Conservation League's Business-Environment Breakfast
1Uesday, September 30, 7:30 - 9:30 am J
Embassy Suites Hotell~l McInnis Parkway, San Rafael V-
Marin Clean Energy and the California Power Market
Industry experts discuss the California energy market and how MCE goals can be achieved
Energy is essential to sustaining our communities, yet we have little control over choice of energy
resources. Enabled by State law and in response to public demand for greener power, Marin Clean
Energy (MCE), as a community-owned power enterprise, could achieve the single largest reduction in
greenhouse gas emissions and provide more stable and ultimately lower rates through investment in
renewable generation. But how will it fare in the marketplace?
To help us understand how MCE might achieve its goals, Marin Conservation League will present a
distinguished panel of experts in the California energy market to discuss the transmission, avail-
abilit}l, reliability and cost of green power.
Jim Detmers is Vice President of Operations of the California Independent System
Operator Corporation (CAISO), impartial operator of the electric grid that handles
nearly 30,000 market transactions dail}t Mr. Detmers is responsible for the trans -
mission link between power plants and the utilities that deliver electricity to 30
million Californians.
Jan Hamrin founded the non-profit Center for Re~ource Solutions
in 1996, which, through its Green-e program, certifies 70% of
the renewable power sold on the voluntary market nationwide.
She led the team for the CPUC to assess the ability' to achieve a
33% renewable portfolio standard by 2020. In 1981, Dr. Hamrin
fotlnded the Independent Energy Producers Association (IEP) that today represents 60%
of the power generation in California.
Charles McGlashan, President of the Marin County Board of Supervisors, will
provide an overview of the Marin Clean Energy business plan and moderate the
panel. The panel will also include a representative from one of the largest energy service providers
in California, who will discuss the scope of the independent energy industry and its interest in working
with local power agencies such as the MCE.
For more information on MCE visit marincommunityenergy.org or www.marincleanenergy.info.
.~'
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Yes! I will attend the September 30 Marin Conservation League Business-Environment Breakfast!
D My check for $30 per person is enclosed
Number of guests:
D Please reserve my place and J will pay at the door
Name(s):
Ticket Price:
$30 per person
Includes full organic
breakfast buffet
RSVP by Sept. 23
Email:
Phone:
lOu may also register by calling MCL at 415-485-6257 or
emailing mcl@marinconservationleague. org
Mail to: Marin Conservation League, 1623A Fifth Ave., San Rafael, CA 94901
OIG~8:r 0
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
ABAG
AGENDA
.
/..,
ABAG EXECUTIVE BOARD MEETING NO. 363
Thursday, September 18, 2008, 7:00 PM
METROCENTER AUDITORIUM
101 8th Street (at Oak Street)
Oakland, California
For additional information, please call:
Fred Castro, (510) 464 7913
Agenda and attachments available at:
http://www.abag.ca.gov/meetings/
1. CALL TO ORDER
2. PUBLIC COMMENT
3. ANNOUNCEMENTS
IS. PRESIDENT'S REPORT
5. EXECUTIVE DIRECTOR'S REPORT**
6. CONSENT CALENDAR
ACTION: Unless there is a request by a Board member to take up an item on the
consent calendar separately, the calendar will be acted upon in one motion.
A. Approval of Executive Board Summary Minutes**
Summary Minutes of Meeting No. 362 held on July 17, 2008.
B. Grant Applications**
With Board consent, ABAG will transmit the attached list of federal grant
applications to the State Clearinghouse. These applications were circulated in
ASAG's "Intergovernmental Review Newsletter" since the last Executive Board
meeting.
C. Reallocation of RHNA Responsibility between Napa County and the City of
Napa**
Napa County and the City of Napa have reached an agreement to reallocate 82
units of responsibility from the County to the City. The agreement is allowable
and staff recommends approval.
Please Note: The Board may act on any item on this agenda. **Attachment included.
Mailing Address: P,O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7985 info@abag.ca.gov
Location Joseph P Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756
@
September 18, 2008, ABAG Executive Board Agenda, Page 2
D. Request to file Amicus Brief**
Pursuant to recommendation of staff and Finance & Personnel Committee
(pending) grant Southern California Association of Governments (SCAG) request
made in connection with appeal of decision re challenge to their Regional
Housing Needs Allocations.
E. Workers Compensation Insurance**
Pursuant to the recommendation of staff and the Finance & Personnel
Committee (pending), add volunteers to ABAG's Workers Compensation
Insurance by adopting Resolution 06-08.
F. Residential Seismic Strengthening Standard Plan Set**
Staff requests ABAG endorsement of a revised standard plan set for seismic
strengthening of wood-frame residential building and recommends adoption of
Resolution 07-08. This updates ABAGls endorsement of the previous plan set in
2004.
G. Authorization to Participate in Federal Funding Solicitation in Cooperation
with University of California at Davis and California Water/Land Use
Partnership**
Authorization is requested to participate in a solicitation of federal funding
($275,000 to ABAG over five years) for environmenta'IJland use planning and
related technical support to participating Bay Area cities, counties, and special
districts in the design and implementation of novel urban runoff and related
community enhancement projects.
7. GOVERNOR'S DELTA VISION BLUE RIBBON TASK FORCE
RECOMMENDATIONS**
Information/ACTION: Report on Governor's Delta Vision Blue Ribbon Task Force
recommendations and discussion of what recommendations mean for the region.
Kenneth Kirkey, ABAG Planning Director, and Kathleen Van Velsor, ABAG Senior
Planner, will also discuss Regional Planning Committee recommendations.
Councilmember Arne Simonsen, ABAG's representative to the Delta Vision
Statkeholders Group, will help to lead the discussion.
8. SOLAR PERMITTING STANDARDIZATION
Information/ACTION: The Silicon Valley Leadership Group (SVLG) and "SolarTech"
(an initiative of the SVLG) will provide an informational briefing on solar energy, a
renewable energy source for Bay Area cities' commercial and residential structures,
and the need for cities to adopt a standard permit form and move towards adopting
standards for the inspection process. A draft resolution encouraging cities to work
with SVLG, SolarTech and the Solar Industry to accomplish these objectives will be
provided for ABAG's consideration.
9. REGIONAL TRANSPORTATION PLAN UPDATE**
Information: Ashley Nguyen, MTC Senior Transportation Planner, will update the
Board on the status of the Regional Transportation Plan.
Please Note: The Board may act on any item on this agenda. ** Attachment included.
September 18, 2008, ABAG Executive Board Agenda, Page 3
10. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT**
Information/ACTION: Committee Chair Pete McHugh, Supervisor, Santa Clara
County, will report on Committee activities.
11. FINANCE & PERSONNEL COMMITTEE REPORT**
Information/ACTION: Committee Chair Scott Haggerty, Supervisor, Alameda
County, will report on Committee activities, including:
A. Fiscal Year 2007-08 Diversity and Business Opportunity
B. Closed Session
Labor Negotiations
12. ADJOURNMENT
~~
rdner, Secretary-Treasurer
Please Note: The Board may act on any item on this agenda. **Attachment included.
SUMMARY MINUTES
ABAG Executive Board Meeting
No. 362, July 17, 2008
MetroCenter Auditorium
101 8th Street, Oakland, CA
1. CALL TO ORDER
President Rose Jacobs Gibson called the meeting to order at approximately 7:05 p.m.
She informed members that a revised agenda had been distributed.
ReDresentatives and Alternates Present
Supervisor Susan Adams
Mayor Len Augustine
Vice Mayor David D. Cortese
Supervisor Chris Daly
Councilmember Carole Dillon-Knutson
Mike Farrah, Senior Advisor to the Mayor
Councilmember Dan Furtado
Mayor Jack Gingles
Supervisor John Gioia
Mayor Mark Green
Supervisor Scott Haggerty
Supervisor Rose Jacobs Gibson
Supervisor Mike Kerns
Council member Sam Liccardo
Mayor Janet Lockhart
Supervisor Mark Luce
Vice Mayor John Marquez
Supervisor Peter McHugh
Supervisor Ross Mirkarimi
Councilmember Joe Pirzynski
Council member Jean Quan
Mayor Gwen Regalia
Mayor Pro Tem A. Sepi Richardson
Supervisor Gail Steele
Mayor Pamela T orliatt
. Supervisor Gayle B. Uilkema
Council member Forrest Williams
Jurisdiction
County of Marin
City of V acaville
City of San Jose
County of San Francisco
City of Novato
City of San Francisco
City of Campbell
City of Calistoga
County of Contra Costa
City of Union City
County of Alameda
County of San Mateo
County of Sonoma
City of San Jose
City'of Dublin
County of Napa
City of Richmond
County of Santa Clara
County of San Francisco
City of Los Gatos
City of Oakland
City of Walnut Creek
City of Brisbane
County of Alameda
City of Petaluma
County of Contra Costa
City of San Jose
ReDresentatives Absent
Councilmember Jane Brunner
Councilmember Richard Garbarino
Director Nancy Kirshner Rodriguez
Supervisor Barbara Kondylis
Education Advisor Hydra Mendoza
Councilmember Nancy Nadel
Supervisor Adrienne Tissier
Supervisor Ken Yeager
Jurisdiction
City of Oakland
City of South San Francisco
City of San Francisco
County of Solano
County of San Francisco
City of Oakland
County of San Mateo
County of Santa Clara
Item 6.A.
2. PUBLIC COMMENT
There was no public comment.
3. ANNOUNCEMENTS
President Jacobs Gibson welcomed Joe PirzynskL Councilmember, City of Los Gatos,
representing cities in Santa Clara County, to the Board.
There were no other announcements.
4. PRESIDENT'S REPORT
President Jacobs Gibson reported on the following:
In support of the goal of raising ABAG's visibility, President Jacobs Gibson
participated on a televised interview panel on sustainable development, hosted by
Peninsula Coalition and Peninsula Forward and moderated by Mark Simon, where
she highlighted ABAG's work on RHNA, FOCUS, and the Joint Policy Committee.
A meeting of the Youth Gun Control Task Force-comprised of San Liccardo,
Councilmember, City of San Jose; Dan Furtado, Councilmember, City of Campbell;
John Gioia, Supervisor, County of Contra Costa; Gayle B. Uilkema, Supervisor, County
of Contra Costa; and Gail Steele, Supervisor, County of Alameda-will be scheduled
in early Fall.
In May, a subcommittee-comprised of President Jacobs Gibson; Scott Haggerty,
Supervisor, County of Alameda; Supervisor Gioia; Carole Dillon Knutson,
Councilmember, City of Novato; Gwen Regalia, Mayor, City of Walnut Creek; Arne
Simonsen, Councilmember, City of Antioch-was formed to"consider AB 2954 on the
San Francisco Bay Restoration Authority. The subcommittee voted to support the
amended bill which will come before the Senate Appropriations Committee on
August 4.
'. 5. EXECUTIVE DIRECTOR'S REPORT
Executive Director Gardner reported on the following:
Herbert Pike has joined ABAG as ABAG's new Director of Finance, replacing Joseph
Chan who is retiring after having served the agency for 25 years. Mr. Pike comes to
ABAG with a wealth of experience, most recently as Deputy Finance Director for the
City of Richmond. Previously, he was Deputy Budget and Financial Services Director
and Financial Services Manager for the City of Oakland and Court Administrative
Services Officer for the Superior Court of Alameda County. He is a certified Public
Finance Officer, member of GFOA, and Chair of the East Bay Chapter of the
Califarnia Society of Municipal Finance Officers.
The state reached the budget deadline without a budget. ABAG has some grants
and contracts administered by state OES and other state agencies that will be
impacted during this period.
An inverse condemnation lawsuit involving ABAG PLAN and the City of Half Moon Bay
resulted in an agreement that ABAG PLAN pay the City of Half Moon Bay $5 million to
settle the case. As a result of this case, and a similar case involving the City of
Pacifica last year, the PLAN Corporation is in the process of redefining its coverage
agreement. While ABAG PLAN is administered by ABAG, it is funded by the members
of the pool. As a result these payouts had no impact on ABAG.
2
ABAG received notification from the state Department of Housing and Community
Development (HCD) that ABAG' s Regional Housing Need Allocation Plan is consistent
with existing and future housing needs.
Governor Arnold Schwarzenegger announced the results of the Proposition 1 C
Housing and Infrastructure Bond Funding's Infill Housing Grant Award Program on
July 1. ABAG staff wrote letters of support and contacted HCD on behalf of regional
PDA applicants. While the Bay Area did well, not all PDA's were successful in
receiving funding. In total, the Bay Area received 24% of the Infill Housing Grant
funds, 32% of the Transit Oriented Development (TOD) funds, and 47% of the Multi-
Family Housing Program (MHP) funds. Staff will continue to work with HCD and other
state agencies to impress upon them the importance of providing the capital
funding needed to implement the results of the state funded Blueprint Planning
Grants.
The preliminary staff draft of the Delta Vision Strategic Plan has been released for
comment for revisions prior to review by the Delta Vision Blue Ribbon Task Force. Five
counties in the Bay Area could be significantly impacted by the proposed planning
and programmatic elements of the Plan: Solano, Contra Costa, Napa, Alameda and
Santa Clara. There could be a potential loss of valuable agricultural land and calls for
alternative conveyances for an eastern or western Delta alignment, which has
significant environmental, social and economic implications of a refashioned
peripheral canal concept. Delta levee improvement costs are estimated at $20
billion. The Plan seeks to have the Delta recognized as a "National Heritage Area,"
and as a multi-unit "California Delta State Recreation Area." Given the importance of
this proposed Plan to the Bay Area, this item will be discussed at the next Executive
Board meeting in September and staff from the Delta Vision;Blue Ribbon Task Force
and Councilmember Simonsen, a member of the Delta Vision Committee, will be
invited to attend and make a presentation.
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ABAG is continuing to make progress on developing a regional long-term disaster
recovery strategy. The next Regional Planning Committee (RPC) meeting on August 6,
will focus on Regional Disaster Recovery Strategy. Executive Board members are
invited. The major topics will include: a review of data on the vulnerability of city-
and county-owned buildings in our region, a discussion of specific problems of
recovery of city services when city facilities (including city halls and community
centers) are among the damaged buildings, and the status of a survey ABAG is
undertaking on current long-term recovery planning activities of cities and counties in
our region.
ABAG will hold its annual Golf Outing on July 18 at Oakland's Metro Links Golf Club to
beneJit the Bay Trail and the Tranter-Leong Graduate Internship. This year the
Tournament honors State Treasurer Bill Lockyer, who is considered the "Father" of the
Bay Trail.
Financings delivered by ABAG and its affiliated entities include: Solano County's
NorthBay Healthcare Group for $30,000,000 through an issue of Revenue Bonds to
purchase medical equipment and expand hospital facilities; $14,335,000 in Tax-
Exempt Medical Equipment Lease Financing delivered to Dameron Hospital on
behalf of in the City of Stockton; the Vintage Square at Westpark, a new 152-unit
Senior Apartment Complex in the City of Roseville, received $13,500,000 for
construction through an issue of Multifamily Housing Revenue Bonds.
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ABAG will present a Housing Element workshop on July 22 that will cover the Priority
Development Areas and best prC?ctices.
President Jacobs Gibson thanked Executive Director Gardner for his report.
6. CONSENT CALENDAR
President Jacobs Gibson recognized a motion by Mike Kerns, Supervisor, County of
Sonoma, and seconded by Councilmember Dillon Knutson, to approve the consent
calendar. The motion passed unanimously.
A. Approval of Executive Board Summary Minutes**
Summary Minutes of Meeting No. 362 held on May 15, 2008.
B. Grant Applications
A list of grant applications was approved for submission to the State
Clearinghouse, having been circulated in ABAG's "Intergovernmental Review
Newsletter" since the last Executive Board meeting.
C. Appointment to Committees
Approved the following appointments to committees:
Reaional Plannina Committee
Napa County Supervisor Bill Dodd, MTC Representative'
Patty Boyle, Housing Director, League of Women Voters of the Bay Area
(Replaces Stano Hearne)
Leaislation and Governmental Oraanization CommitteEt
Mayor Jack Gingles, City of Calistoga
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D. Authorization to Negotiate and Enter into a Contract with PGScE for the ABAG
Green Communities Effort 2009-11 **
Authorized to enter into a contract with PG&E in an amount not to exceed
$1,500,000 for the three year period beginning Jan. 1, 2009. No matching funds
required. An extension of ABAG Energy Watch, this program will continue to assist
local governments with their energy management and climate action efforts.
E. Approval of Resolution 05-08 Adding Additional Authorized Institutional
Representatives for California Office of Emergency Services Grant Actions**
Approved resolution authorizing three institutional representatives to deal with
administrative correspondence with the California Governor's Office of
Emergency Services (OES). The current resolution listing Henry Gardner, Executive
Qirector, as ABAG's Authorized Institutional Representative will be modified to list
the Executive Director, Assistant Executive Director, and Finance Director.
F. Authorization to Apply for US Environmental Protection Agency Grant for CCMP
Implementation Projects under San Francisco Bay Area Water Quality
Improvement Funds..
Authorized ABAG/SFEP to submit a proposal for $5 million dollars in grant funding
from US EPA's San Francisco Bay Area Water Quality Improvement Funds, and, if
awarded, to enter into an agreement with US EPA. The grant period is 2-4 years
(with awards being announced December 2008) and matching funds provided
by participating partners. The proposal covers projects in all Bay geographical
areas with 12 or more individual projects and partners for wetland restoration,
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stormwater management, improved land use functions, biotic monitoring,
invasive species, and public outreach.
G. Authorization to Extend Agreement with US Environmental Protection Agency for
CCMP Implementation under Section 320 Funds, National Estuary Program**
Authorized the Executive Director or designee to enter into a grant agreement
extending the current agreement with US EP A for funding under the National
Estuary Program for the period beginning October 1, 2008, through September 30,
2009. The grant agreement extension will provide base funding for the San
Francisco Estuary Project for the above time frame in the amount of $591,750.
H. Ratification of a Contract Amendment with the State Water Resources Control
Board for Total Maximum Daily Load (TMDl) Support**
Ratified a contract amendment with the State Water Resources Control Board for
TMDL outreach and communication support to increase the contract, previously
approved on January 17, 2008, from $200,000 to $ 335,000 for additional services
for TMDLs under development and in the approval process. Contract term
remains through June 30, 2010.
I. Ratification of Contract Amendment with Carol Thornton for SEP Supervision**
Ratified a contract amendment with Carol Thornton, consultant, to continue work
for the Estuary project increasing the contract amount from $28,500 to $63,700
and extending the contract end date from May 31, 2008, to December 31, 2008.
The additional funding will provide for assistance with oversight, including
selection and implementation, of Supplemental Environmental Projects
authorized by the San Francisco Bay Regional Water Board.
J. Amendment to Regional Airport Planning Committee (RAPC) Memorandum of
Understanding Adding Three Representatives from Outside Region**
Approved revisions to the MOU to expand RAPC membership to include
representatives from Sacramento, San Joaquin and Monterey Counties. The
current Regional Airport Systems Plan update includes the commercial airports in
these counties. New members will be non-voting and the quorum will not
change.
K. Ratification of Agreement with Bay Area Clean Water Agencies (BACW A) to
Provide Support for Development of Strategies for San Francisco Bay Water Quality
Improvement**
Authorized the Executive Director or designee to enter into the new contract with
BACWA with a contract term from June 30,2008, to September 30,2008, and a
total contract amount of $31,250. In November 2005 the Executive Board
authorized the Executive Director or designee to enter into an agreement with
BAcWA, a Joint Powers Agreement of Publicly Owned Treatment Works and
ABAG/San Francisco Estuary Project (SFEP) to provide staff and technical
resources to the Water Board for the development of Total Maximum Daily Loads
(TMDLs) for pollutants in SF Bay. This contract is expiring and BACWA wishes to
enter into a three-month contract to complete work begun under the prior
agreement.
7. INTRODUCTION OF DIRECTOR GENERAL OF THE TAIWANESE CONSULATEu
President Jacobs Gibson recognized ABAG Vice President Mayor Mark Green who
introduced Thomas J.C. Chen, Director General, Taipei Economic and Cultural Office,
San Francisco. Mr. Chen described cultural, economic, and political characteristics
5
of Taiwan, and spoke of the political, economic and cultural ties between the United
States and Taiwan. He offered members the services of his office.
President Jacobs Gibson and Mayor Green presented Mr. Chen with an ABAG lapel
pin.
Supervisor Gioia and Len Augustine, Mayor, City of Vacaville, indicated that they
both had visited Taiwan.
President Jacobs Gibson thanked Mr, Chen for his remarks.
8. LIGHT BROWN APPLE MOTH UPDATE
President Jacobs Gibson recognized California Department of Food and Agriculture
Secretary A.G. Kawamura and Dr. Rajiv Bhatia, Director of Occupational and
Environmental Health, San Francisco Department of Public Health, who gave
updates on the Light Brown Apple Moth (LBAM). Secretary Kawamura shared his
views on the steps being taken to eradicate the LBAM, the handling of the
eradication program, the impacts on the state's agriculture and food supply and
environment and continuing efforts to eradicate the LBAM. Dr. Bhatia offered his
perspectives on the City and County of San Francisco's steps or actions to address
the problem of the LBAM and the concerns over the proposed methods of
eradication, the positions taken, and proposed steps to be taken to resolve the
problems and concerns.
Members discussed pheromones and the use of aerial spraying and twist ties, sterile
release, and other methods of eradication, impacts on local farmers markets and
regional food systems, and the need for full disclosure of inf6rmation and
transparency of processes.
President Jacobs Gibson thanked Secretary Kawamura and Dr. Bhatia for their
presentations.
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9. BUILD IT GREEN: GREENPOINT RATED RESIDENTIAL GREEN BUILDING SYSTEM**
President Jacobs Gibson noted that a recommendation to support Build It Green and
the GreenPoint Rated Residential Green Building System was forwarded to the Board
by the Regional Planning Committee. She recognized Brian Gitt, Build It Green's
Executive Director and CEO, who gave a presentation of Build It Green's programs
and services. Mr. Gitt was joined by Joseph Perkins, President and Chief Executive
Officer of the Home Builders Association of Northern California (HBANC) and member
of the Regional Planning Committee, and Cheryl O'Connor, Chair, HBANC Executive
Committee. Mr. Gitt described Build It Green's mission and work on green building
programs, listed the benefits of promoting green building, and described the
development of the GreenPoint Rated system. Mr. Perkins and Ms. O'Connor
described HBANC's support of sustainable development and policy on using
GreenPoint Rated as the system for their members' residential green building
program. Mr. Gitt requested the Executive Board's endorsement for implementation
of comprehensive green building programs that include GreenPoint Rated as the
residential construction verification system.
President Jacobs Gibson recognized a motion by Susan Adams, Supervisor, County of
Marin, and seconded by Supervisor Kerns, to endorse the implementation of
consistent green building guidelines and to encourage the rapid adoption by Bay
Area cities and counties of green building programs, including GreenPoint Rated as a
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verification system for residential projects; to direct staff to identify opportunities to
incorporate green building criteria in relevant program activities, including FOCUS;
and to direct staff to cooperate with Build It Green, StopWaste.org and other
partners in providing information about and publicizing the advantages of
comprehensive green building programs and GreenPoint Rated to ABAG member
jurisdictions.
The motion passed unanimously.
President Jacobs Gibson thanked Mr. Gitt, Mr. Perkins and Ms. O'Connor for their
presentation.
10. FOCUS ADOPTION OF PRIORITY CONSERVATION AREAS**
President Jacobs Gibson recognized Ken Kirkey, ABAG Planning Director, and
Jaqueline Guzman, ABAG Regional Planner, who presented background and staff
recommendations for adoption of Priority Conservation Areas (PCAs) and the related
nomination process. Mr. Kirkey reported that the Joint Policy Committee (JPC), at its
May meeting, supported the programmatic addition of PCAs to FOCUS and that the
Regional Planning Committee (RPC), at its June meeting, moved to forward the
recommendations to the Executive Board for adoption, with the exception of the
Tomales Dunes and Albany Waterfront nominations which are under planning review
and therefore not presently eligible under PCA criteria. He reviewed the purpose of
FOCUS and the PCAs, the PCA nomination process, lessons learned, and next steps.
Ms. Guzman described examples of PCA nominations received.
President Jacobs Gibson recognized a motion by Supervisor Adams and seconded
by Sepi Richardson, Mayor Pro T em, City of Brisbane, to approve staff
recommendations on adoption of Priority Conservation Area nominations received
for inclusion in the FOCUS Program, with the exception of the Tamales Dunes and
Albany Waterfront nominations.
'.
Jeremy Madsen, Executive Director, Greenbelt Alliance, commended ABAG staff on
their work on the Priority Development Areas (PDAs) and PCAs and stated support for
the staff recommendations regarding adoption of PCAs.
Bettina Ring, Director, Bay Area Open Space Council, stated support for the staff
recommendations regarding the adoption of PCAs and commended ABAG staff for
their work.
The motion passed unanimously.
Presicjent Jacobs Gibson thanked Mr. Kirkey and Ms. Guzman for their presentation.
11. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT**
President Jacobs Gibson recognized Committee Chair Pete McHugh, Supervisor,
County of Santa Clara, who reported on Committee activities. Chair McHugh noted
the distribution of a letter from the League of California Cities and an email from
CSAC regarding the suspension of Proposition 1A funds to balance the state budget.
The committee heard a report from the subcommittee formed to review AB 2954
(Lieber/Hancock), San Francisco Bay Restoration Authority. The committee reviewed
the following legislation: AB 2954-support; AB 2280 (Saldana & Caballero), Density
Bonus-support; SB 303 (Ducheny), Local Government Land Use Planning-oppose;
AB 2513 (Caballero), Housing and Emergency Shelter Trust Fund of 2006-support; AB
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2347 (Ruskin), Mercury-Added Thermostats Collection Program-support; AB 2939
(Hancock), Building Standards Green Building-support; AB 1654 (Huffman),
Integrated Regional Water Management Planning Act-watch; AB 842 (Jones),
Regional Plans Traffic Reductions-oppose; AB 1634 (Levine), California Healthy Pets-
oppose; AB 2069 (Jones), Local Planning Residential Planning-oppose; AB 2093
(Jones), General Plan Mandatory Elements-oppose; SB 1118 (Negrete/McLeod),
Airports Land Use Commission-oppose; AB 2094 (DeSaulnier /Laird), San Francisco
Bay ConseNation and Development Commission-support.
President Jacobs Gibson recognized a motion by Chair McHugh, and seconded by
Mayor Pro Tem Richardson to approve the committee report. Pamela Torliatt, Mayor,
City of Petaluma, requested that SB 2093 be considered separately. Members
discussed SB 2093 and AB 32.
The motion to approve the committee report, except SB 2093, passed unanimously.
President Jacobs Gibson recognized a motion, which was seconded, to oppose AB
2093.
On the motion to oppose SB 2093, the ayes were 21, the nays were 4 (forliatt, Luce,
Daly, Mirkarimi), the abstentions were 2 (Quan, Adams). The 'motion passed.
President Jacobs Gibson thanked Chair McHugh for his report.
12. FINANCE Be PERSONNEL COMMllTEE REPORT**
President Jacobs Gibson recognized Committee Chair Scott Haggerty, Supervisor
County of Alameda, who reported on Committee activities:' Chair Haggerty reported
that the committee reviewed and approved the financial reports for May 2008, and
was introduced to Herbert Pike, ABAG' s new Finance Director:
President Jacobs Gibson recognized a motion by Chair Haggerty, and seconded by
Forrest Williams, Councilmember, City of San Jose, to approve the committee report
and enter into closed session.
The motion passed unanimously.
The Board entered closed session at 9: 14 PM to discuss Public Employee Performance
Evaluation-Title: Legal Counsel-pursuant to the requirements of the Ralph M. Brown
Act.
The Board exited closed session at 9: 19 PM.
\
Chair Haggerty reported that the Finance and Personnel Committee discussed the
performance evaluation of Legal Counsel and recommended a salary increase.
President Jacobs Gibson recognized a motion by Chair Haggerty, which was
seconded, to approve recommendations regarding Public Employee Performance
Evaluation-Title: Legal Counsel.
The motion passed unanimously.
President Jacobs Gibson thanked Chair Haggerty for his report.
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13. ADJOURNMENT
Meeting adjourned at approximately 9:19 p.m.
~f::=::asurer
** Indicates attachments.
*** For information on the L&GO Commiffee, contact Patricia Jones at (570) 464 7933 or
PatJ@abag.ca.gov, or Kathleen Cha at (570) 4647922 or KathleenC@abag.ca.gov.
All ABAG Executive Board meetings are recorded. To arrange for review of these tapes,
please contact Fred Castro, Clerk of the Board, at (570) 464-7973 or
FredC@abag.ca.aov.
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ABAG
3/4/08
Meeting Schedule 2008
Executive Board Meetings
January 17
March 20
May 15
July 17
September 18
November 20
START TIME
7 :00 PM
LOCATION
Joseph P. Bort MetroCenter Auditorium
101 Eighth Street .
Oakland, California 94607
Across from the Lake Merritt BART Station
Spring General Assembly
April 24
Palace Hotel
San Francisco
Fall General Assembly
October 24
Oakland Marriott City Center
Schedule