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Home My WebLink AboutTC Digest 2008-09-19 ~ TOWN COUNCIL WEEKLY DIGEST Week of September 15 -19,2008 Tiburon 1. Thank You - Tiburon Art Festival 2008 2. Packet of 11 Letters - Support Clean Energy 3. Letter -Suzanne Mellen-Opposition- More Play Structures - Cypress Hollow 4. Letter - FEMA - Revisions to Flood Maps for Tiburon 5. Thank You - Lori Shannon - Cleanup of Median on Via Capistrano 6. Invitation - Lyford Cove HOA Annual Party * Agendas & Minutes 7. Minutes - Bel/Tib Library Agency - August 18, 2008 8. Minutes - Design Review Board - September 4,2008 9. Action Minutes - Design Review Board - September 18, 2008 10. Agenda - Planning Commission - September 24,2008 Regional a) Report - LCC - Urgent Need for Budget Reform b) Letter - Marin Co. Office of Education - Thank You for Partnership c) Memo - LCC - League's Formal Support Position on SB 375 - Steinberg d) Letter - Q-Star Technology - Graffiti Deterrent* e) LCC Annual Exposition & Conference - Invitation to Visit Willdan Booth * f) Invitation - 48th Annual Holiday Moose Feed - 12/12/08 * g) Marin Co.Parks & Open Space Newsletter - Fall 2008 * h) Invitation - TAM - Public Open House - 9/27/08 * i) Report - Cal. Dairy Environmental Stewardship - Sustainability * Agendas & Minutes j) None * Council Only DIGEST I. -f ,%Ui-, \ 'I \\ \ \ ,\t~ . t..~ Sept 8,2008 ~ ~ '" -." ,.. Peggy Curran, Town Manager 'Town of'T'iburon 1505 Tiburon Blvd 'riburon, CA 91.920 Dear Peggy Curran, '111ank you for the Town of 'riburon's generous sponsorship of $2000 to the 'riburon Art Festival. We arc 1-,Tfateful f()r this thoughthll gift and the spirit in which it was given. Your sponsorship of the Festival denlonstrates a conlluil1uent to artists, Ark Row, the 'rown of 'T'iburon, the Belvedere 'riburon ChaIuber of Conlluerce aIHI the Belvedere 'Tiburon Joint Recreation. Your support is very iluportaIlt to all of us involved in the Festival. With your help, we have been able to attract a wonderfl.ll field of talented artists .uHI had a fabulous turnout for the weekend of over :~500 people. '['his was the 2nd Annual 'riburon Art Festival. We will continue to build our sponsorship base in the C()luing nlonths aIld years f()r the benefit of the Festival. We th.Ulk you f()l' your help in luaking this possible aIHI we hope to nlerit your continued support in the years to COlue. Sil~'<ltf C~lhtcei(~eucci & Carolyn Wendler Co-Chairs, 'T'iburon Art Festival PO Box 563 · Tiburon, CA 94920 Tiburon-artfestival.com Sep 17 2008 7:14PM Sierra Club SFBa~ Chapter 5108483383 . , _.E ~ 1 DIGEST ~ · 7~'-f~/J ," # ~.-~~ f Jt~(2.v ~t42Iu,,f.z ~~tdc-.~& l · . ~.../ '\- /IF --J. r~~"~~J Jiti-- _b2-J;).Vyh:I-.,u~~ jW)?- ~IM~.-:,!:<<:.~~r tU--./UJ-h-? tYt- ~~'7-;Ziu~ -f>>O ~/~, ~L'" y}~ e~-A'~ '3~(7~'ZUM1~ ~ /J/ ~' /'l /',' '~/:JJ;;; i9 I J c.,d._ 9' 9 :; /D) ~~~~W~ ~l m1 SEP 1 7 2008 tW TOWN CLERK TOWN OF TIBURON Sep 17 2008 7:14PM Sierra Club SFBa~ Chapter 5108483383 p.2 , '"k\\bCM'OY\ y~ (ftAr6v--'J ",., , ,",',' " ~ ,', "".."", ,~v~~~ ~7Ik~&tndz~ .,VJrr~l~~M~k '~~ ~r) ',,~~ ' \r\tRfL-~yyHnLt~\'1 ( ", ,,", , ",' '~n( , omtr~ ~qS '3, ',' D~)c " ~\. bv\ VOl) I , /D)~ ~~ l \V1 ~.fm . ~, S E P 1 7 ,20081lij TOWN CLERI< TOWN OFT/BURON . . . . . . .. . . .. ' . ,. I . ... "'. 'I , . . ..~e,f.l.._.1_! ....~O.~~_ ?:. !_4.PM. 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(llfl~, /, [OJil\~L C (,t?{A:~, elLiij,y (~l ()C/\! \ ..',' I) . Or-/ JIll)' '1 'tl. /.~ ,~'k?(if' . \ () \\ I( -,_ 1-1 ,., , \.,/' ,SJ.e fG./AA (l(', Ha;lA (( ~I l!~}f)' ~Uv\ (({{~fl CLGtltUe / ( -~I J{ ('~'( /l1;){J~ -/'1;; (9 c)l(;'(L)" elT r Y~f/c)., ) [5) ~~ ~ ij W ~ ~l Ifl) SEP 1 7 2008 Iui , ,I "..I TOWN CLERK TOWN OF TIBURC.,.. ... ~e_~ ..~?_2~.O~_.?: ~ ~.~_M._._... S.iu:~ra C.~~~.. ~..~B~.~.__~,~~~.t:e~~_._...? ~~,~4~~38.~ p. 10 \" ()', <S u.l;)v. C~,,,,), \\~ G-\(~\~~", 4,.\So,,~.., (~\\ \ . C-t;)"". ~(.~ \ \\ 2:.\ ~ <::)~) ~ ~~ ~> ,'-\ ~ ~ ~ '-~'\ · ~ \ ~ f\ :-. ( , ~, \ ~ ~"'\~-.... C\-c ~ l "'-'" "~~'\, c:;, \..0 '- '\ L.. \,.... - ~ ..-\ \ - --" ""-""-~ '\ ~\.,~- ~Q,'" ,_~~-J ~ f\'--\. i\... 'd .~ \J t ...,\ Nt.. \ 't: s:- ~,j\.... _t \ L ~D~: ,,_ , \ ,\,....., (\::, \...J, C t\ '-\ "z.. 0 \D)~~~~~~~ m1 SEP 1 7 2008 \W TOWN CLERK TOWN OF TIBURON Sep 1 7 2~~.~.~ :..~_ ~~_~ 5108483383 . b SFBa~ ~~~pte~_ S 1 err_~~~,~.".. ..._.____' p. 1 1 D~ (\J\r. ('l\ c ()..\~\..~h . /M!. '-t \ ~ro(\. CAl.I Co\J("\O lj ~\Q,asl S~f?~ {.~ fV\ 0..(\ ~ (le~ t2r\.y~l) 4c-t ~~ \ ~ ~'D\J\.J 1'\Or\- ~~ ~f ()Uf CtJu~ \a\J ~ C>J( ~oylJ . J\~ LOn $ cC ()\J ~ C,i{l'2.~S wt. & ~\lld GA\ do tN(' r <Tcr..{ . Th~-,cs ~ J () 11 <..) lQ, ~~ -------.-.- ~LA-~(.. U:ofl.<7 'l\~'t1>f\ I LA ~y q civ [D) ~~~~W~ ~ ~ S E P 1 7 Z008 IJ TOWN CLERK . TOWN OF TIBUROI\; DIGEST 3. Suzanne Mellen 70 Cypress Hollow Drive Tiburon, CA 94920 (415) 381-1871 srmellen@comcast.net RECEIVED SEP 1 5 2008 TOWN MANAGERS OFFICE TOWN OF TlBURON September 12, 2008 Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Town Council cc: Nick Nguyen, Public Works Department cc: Planning Commission Re: Opposition to Proposed Construction of Additional Plav Structures in Cypress Hollow Park Ladies and Gentlemen: As a resident of Cypress Hollow, I would like to express my strong opposition to the installation of additional play structures in Cypress Hollow Park. While I originally signed a petition supposedly asking for the installation of a tire swing, I have subsequently come to understand that an attempt is being made to construct a major play structure in the park. I am totally opposed to such a project, and would like my name removed from the original petition. My neighbor at 80 Cypress Hollow Drive, Jim Tull, also signed the petition and wants his name removed from the petition. He has given me permission to make this statement in my letter to you. From discussions with my neighbors, it is clear that the proposed project has not been properly vetted by the community. The proposed installation of park equipment, which would use most of our reserve fund, has not been communicated to all residents in written form. I realize we have no formal system for making and handling requests regarding the park, but this means that past decisions about what to put in our park have been haphazard, at best. While we appreciate the Public Works Department's responsiveness to the requests of residents, the manner in which decisions have been made has resulted in contradictory outcomes. For example, one resident some years ago requested the installation of a baby swing. As a result a school age swing was removed and replaced with a baby swing, taking away the ability of two school age children to swing together. I am making no judgment about this action, except that it was made at the request of one resident, without any input from others. Similarly, a resident requested the planting of more trees along the front of the park. As a result, a number of lovely trees have been planted, but now we have a park that is becoming increasingly shaded, leaving less opportunity for those residents that want an open space in which to throw a ball. While I know it is impossible to please everyone, I believe it would be fairer to all if a system for communicating requests for and implementing improvements to the park was developed so that all residents would feel that they have some say in how our money is spent for the care of this precious space. I reside directly across from Cypress Hollow Park, and have a direct view from our front door of the area where the play equipment would be installed. Installing more play equipment would create an eyesore. The park currently provides a nice balance of play equipment and open, passive space, which should be preserved. Additional play equipment would also serve to attract additional visitation to the park, not just from residents of Cypress Hollow, but from throughout the area. The park is already an over utilized space; I am witness to the overuse of this facility. I walk through the park each morning and each evening with my dog and pick up handfuls of trash every day. There are many afternoons when it is difficult to navigate Cypress Hollow Drive due to the cars of park visitors lining both sides of the street. The noise emanating from the park when in use by multiple children is quite significant, and echoes throughout our valley. While we enjoy the voices of school age children in moderation, additional usage of the park will exacerbate the noise. Our park is already well utilized by residents of Cypress Hollow and by people from outside of our community. While we welcome visitors to the park, we believe that adding any equipment that will attract additional visitation by those from outside the community will further overburden this small green space. We welcome the proposed renovation of the park. Replacement of the fence should be a top priority. We would also like to see the removal of unused irrigation lines, replacing landscaping trim, professional tree pruning, installation of recycling receptacles, and other landscape improvements. We look forward to working with you on this pending project and would be happy to play a role in communicating with the neighborhood residents about any proposed plans. Sincerely, Suzanne Mellen DIGEST u.s. Department of Homeland Security ]]]] Broadway, Suite 1200 If Oakland, CA. 94607-4052 ., FEMA RECEIVED SEP 1 8 2008 September 12, 2008 Ms. Margaret Curran Tiburon Town Manager 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Mr. Curran: This letter is in regards to comments received from Mr. Scott Anderson, Town ofTiburon Director of Community Development, on June 10, 2008, in response to the May 9, 2008, revised preliminary Flood Insurance Rate Map (FIRM) for Marin County and incorporated areas, which includes the Town ofTiburon. Those comments and the disposition thereof are summarized below. 1. COMMENT: The town requests further explanation regardil}E the addition of Special Flood Hazard Areas (SFHAs) depicted on numerous revised preliminary FIRM panels within the downtown Tiburon commercial area, noting that the subject SFHAs are not shown on the town's effective (i.e., current) FIRM, dated May 16, 1977, nor on the prior September 28, 2007, revised preliminary FIRM. The town also referenced drainage improvements that were installed in the 1980s to eliminate flooding in the subject area. RESPONSE: As part of the May 2008 revised preliminary FIRM, flood hazard areas along the majority of Marin County's San Francisco Bay coast were redelineated using recent 2004 LiDAR data. Whereas the effective FIRM for the town shows that 1 % annual chance (100-year) flooding from Richardson Bay would not inundate the subject areas, a comparison the 1 % annual chance Base (1 % annual chance) Flood Elevation for Richardson Bay (vicinity the City of Belvedere and the Town ofTiburon) against the 2004 topographic information demonstrates that the subject areas would be inundated by the 1 % annual chance flood. During a June 23, 2008, meeting between staff from the town and Federal Emergency Management Agency (FEMA) Region IX, Region IX staff requested that the town submit technical data to support any adjustments that the town might propose to the proposed SFHAs shown on the May 9,2008, revised preliminary FIRM. As no such data have been received to date, FEMA plans to finalize the FIRM for the town as shown on the aforementioned May 9, 2008, revised preliminary FIRM. www.fema.gov Mr. Margaret Curran, Tiburon Town Manager Page 2 of2 2. COMMENT: The town inquired whether more up-to-date ortho imagery might be used to update the revised preliminary FIRM's base map. RESPONSE: While FEMA may not be able to update the base map for the current FIRM project due to the project's schedule, the town is welcome to submit to FEMA any ortho imagery that it proposes that FEMA use as a base map. Such imagery should include appropriate metadata. If FEMA were to use such data, the town would be required to enter an agreement with FEMA such that the data would freely distributable to the public by FEMA as part of the eventual Digital FIRM. If the town wishes to submit such information, it must do so by October 12, 2008. 3. COMMENT: On revised preliminary FIRM number 06041 C0489 D, request that road labeled as "Raccoon Lane" be revised to read "Beach Road." RESPONSE: The requested revision will be reflected on the final FIRM. In addition, it has been noted that the town's effective Flood Insurance Study (FIS) and FIRM indicate that the town is a city. FEMA has updated its records and the final FIS and FIRM will reflect your community as the "Town of Tiburon" rather than the "City of Tiburon." We appreciate the city's comments, which are an important part of our review process. If you have any questions regarding this response or if you wish to provide additional data to support your prior comments, please provide a written response by October 12, 2008, with any data to support your request. Should you have any questions regarding this matter, please do not hesitate to contact me at (510) 627-7129. In addition, the California Department of Water Resources (CA DWR) is available to assist your community. You may reach Ricardo Pineda, P.E., CFM, of the CA DWR and the National Flood Insurance Program (NFIP) State Coordinator, at (916) 574-1475, or the FEMA Map Assistance Center toll-free at 1-877-FEMA MAP (1-877-336-2627). Sincerely, ~ItZ -=I( ~ct{J~r Kathleen K. Schaefer, P .E., CFM, Engineer Mitigation Division cc: Mr. Scott Anderson, Tiburon Planning Department Mr. Ricardo Pineda, P .E., CFM, CA DWR, NFIP State Coordinator Mr. Jeff Smith, P.E., CFM, Dewberry I)II(6S1T ~ ~~ 17( (noS ~ m-f~~fw ~~ -fk.c ~ ~ 1> 1kL ~~ Vtl.o--' &p/s~. ~ ~Ufj-- ~~~ M--- ~ ~ · ~ V? ,A..flLMlbK- P X;n~rM' ~ ~ 1Vw WJu cAt- t^' ;?fl Lnvr_1AM ~ M--- 0j (L ~L- . - '(J, . ~~fv~11~~~Vu/ /J-~'u~ ()J LfL. ~ ^!>>1kbrv ~ M--J,tJ/Jr · ~ rl.~~ ~ V? I{J(J f?:;T4 f, d1 Yk..- ~,R NICHOLS Q)'" Ms. Lori Shannon S 5 Via Capistrano f"l()R-r~~ :t3;.~~."yr "C.A 949 Bel Tiburon. CA 94920-2030 1.7 SE.P ~2.0(~'C5Pivl ,4. L '~tI] :115n1h~f-';:";~I~'i . '1HI~~K~. ~SPf~:'_:.' ltibn,~~ ill:,' . ~'H~\.~:enjf~~,,', RECEIVED Str ~I 8 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON ~~" 1~~ J $7) S 17 b /l#'lL.- fJA; I..- ' 1i.~ I C14- 14-9 Jv ~3~. .=::2~:~.I~ ::-:::;::;:!:: II i I J) "r' i IJJ 1 I I I U U H I I JI' ! ! 1111,1 I I ! i I I. I II i i !; . I 1.,1 II , 'I ! II I : i I ! ; . II ! ! l 'II i II " . II it D\GEST Tiburon Peninsula Club Party RSVP Name Number of hamburger meals @$ 15.x_ =_ Number of chicken breast meals @ $ 15.x_ = _ Number of sausage/hotdog meals @ $ 15.x_ =_ Number of NY steak meals @$21.x_=_ Number of children 12andunder@ $5.x_=_ Total for meals payable to LCOTHA * ************ ****** Join Now******************** LCOTHA Membership Application S20.payable to LCOTHA, 98 Main Street, Box 634, Tib Name Address Phone number E-mail ~ ~ aNi;nut ~ ~ oJ, ~ o.n.rw.d ~~~OU1~+-t~ 'Fo11 CPOJtto! It is time once again for the LCOTHA sponsored fall party for ALL resident~ living in the Lyford's Cove and Old Tiburon neighborhoods. Please join us at the Tiburon Peninsula Club, 1600 Mar West on Sunday, October 12th at 3:30pm. Meals include hamburgers, chicken breast, or hotdogs on a bun, caesar sala bean salad, chips and salsa, fries, desert, soft drinks and lemonade. ('New Yor steak is available for an additional $6,) Cash bar includes draft beer $3.1 bottles of wine start @ $18.1 wine by the glass start @ $5, If you wish to access the pools, tennis courts, and facilities Please pay $6 child /$10 adult non-member at the front desk. RSVP by sending your meal choice and $15.00 per person'/ $5,00 per child (12 and under) to LCOTHA, 98 Main Street Box 634, Tiburon by Oct. 4th A.NY COUNCILMEMBERS WISHING TO ATTEND, PLEASE CALL JOAN. SHE WILL MAKE A RESERVATION FOR yOU. THANKS. Oct. 4, 2008 We would like everyone in our boundaries to join LCOTHA, the Lyford's Cove-Old Tiburon Homeowners Association. Our homeowners Association is one of the oldest in Tiburon and currently is one of the most active. We welcome homeowners as well as renters to have a voice and be represented through our association. Because of the unique and historical characteristics of our neighborhoods, we work together to maintain, enhance, and preserve their charm and character. Our Association's active participation in the planning and development of the Town of Tiburon has focused especially on the concerns of the homeowners and residents in our neighborhoods and those of the immediate commercial area. We actively participate with other homeowners' associations in Tiburon, the Landmarks Society, and other Town Commissions and Committees in various planning, preservation, restoration, and improvement proj ects for our area as well as all,. of Tiburon. We welcome your participation in . any capacity with these activities and your ongoing input. Our Board of Directors meets on a quarterly basis and all members are welcome to attend. Agendas and Minutes of the Board's meetings are distributed to all members. Our General Membership meetings are held twice a year and provide a social evening to meet members of our Association, neighbors, and other members of the Tiburon community. We hope to see you at the Tiburon Peninsula Club party on Oct. 12th. Joining is simple. Send your dues for 2008 ($20) payable to LCOTHA in the self-addressed envelope along with your completed membership application., which is attached to the RSVP card. On receipt of dues, I will send you a membership packet with by-laws, minutes, and notices included. Diane Lynch, LCOTHA Membership Chair ddondero@ao1.com 435-7401 Regular Meeting DIG E~S~~ ~ ~ w ~ ~ ~1. BELVEDERE-TIBURON LIBRARY AGENCY SEP 1 B 2008 Belvedere-Tiburon Library, Tiburon, California · August 18, 2008 TOWN CLERK TOWN OF TIBURON MINUTES Members Present: Members Absent: Staff Present: Guests: Lois Epstein, Mary Falk, Beverlee Johnson, Steger Johnson, Heather Lobdell and Ann Otter Bill Kuhns Deborah Mazzolini and Mary Vella Linda Peterson, Peterson, Skolnik and Dodge CALL TO ORDER: Chair Steger Johnson called the meeting to order at 6: 15PM. He noted that the agenda would be taken out of order in deference to guest Linda Peterson, but beginning with the Consent Calendar. OPEN FORUM: No Comment CONSENT CALENDAR: 7. Approval of minutes of July 21,2008 8. Approval of warrants and in house check register July 2008 A motion to approve the minutes of July 21, 2008 and the July warrants and in house check register made by Trustee Falk and seconded by Trustee Epstein passed. TRUSTEE CONSIDERATIONS: 9. Presentation by Peterson, Skolnik and Dodge on marketing In January the proposal by Linda Peterson to provide marketing materials for the expansion was approved by the BTLA. Since then this firm has met with invited community members to participate in focus groups to help them develop a campaign theme and core communication materials. Linda Peterson was present to recommend two options. The Once and Future Library: The Campaign far Lifelong Learning and Cammunity at Belvedere- Tiburan Library was inspired by the lifelong learning theme in the book The Once and Future King. It would tie the library's history to its future and make the case that an investment in the library today is an investment in the future of Belvedere and Tiburon. Once Upan a Library: The Campaign far Lifelang Learning and Cammunity at Belvedere- Tiburan Library creates a strong platform for storytelling. The theme selection is intended to get people excited about the campaign. Ms. Peterson described various successful campaigns she has developed for the de Young Museum, the Conservatory of Music and the Humane Society, for example. Her hope is to develop the stories of many local residents, find out what engages them about the library. She would like people to feel proprietary about the library with its expansion. After a brief discussion, a motion to select Once Upan a Library as the them of the expansion campaign, made by Trustee Otter and seconded by Trustee Epstein passed unanimously. 10. Building Program Expansion update A memo from Scott Anderson, Tiburon Director of Community Development, described the development permit review procedure and a timeline for the Civic Connection scheme. Given the new schematic drawings with Zelinsky Park moved to the east, much of the same procedures will be necessary as required for the original plan at the rear of the library, i.e. a General Plan Amendment, rezoning and an EIR; possibility of streamlining the remaining development approval process; revising the Agreement to Convey Land, if necessary; and building permits. The timeline could be 12- 18 months but could take longer with time given for public hearings. Belvedere Tiburon Library Agency August 18,2008 Minutes Page 2 A letter from Andy Sohn (EHDD) responded to the question of a second floor added to the current library configuration. The attic occupies a large volume but has little available floor space; the HVAC system and other components would need to be moved; the existing floor is not sufficient and would need to be built new, intruding on the existing structure. Structurally the existing building foundation will not accommodate the load of a second floor due to the type of soil the building rests on and the type of foundation. Moving some of the heavier books to the expansion would not make any difference based on the code-established occupancy which determines the load capacity. This determination was made by the original engineers and the structural designer. Director Mazzolini wrote a letter to the Town Council requesting a streamlined permit review process as is typically used for major public projects. She also wrote to Peggy Curran, Tiburon Town Manager, informing her of the BTLA decision to place the expansion on the parking lot in support of the Civic Connection scheme that was supported and preferred by the Tiburon Town Council. 11. Description of Designated Funds Designated funds are used to track the income and expense of committees supported by the BTLA. They are not a part of the annual budget but are reflected in the financial statements. These are similar to revolving funds by earning their own keep. Any income earned and expenses incurred are tracked through their own fund. STAFF, BOARD AND COMMITTEE REPORTS: 1. Chair's Report No report. 2. Election of Officers Treasurer Tom Perot wishes to continue working on income aspects of the budget with Director Mazzolini but does not plan to attend the monthly meeting. It was suggested that Tom continue as Treasurer but that an active member of the Board meet monthly with Debbie and Tom concerning the financial health of the library. Trustee Falk volunteered. A motion to have Trustee Falk act as liaison and Tom Perot continue as Treasurer, made by Chair Steger Johnson and seconded by Trustee Otter, passes. 3. BTLF Report . The Bookmarks annual Blackie's Hay Day event will be on September 28th. · The Labor Day Parade is on Sunday, August 31st. If anyone is interested in walking with the Bookmarks, feel free to join in. · A reminder that the liaison to the BTLF meeting in September will be Trustee Lobdell. 3. Library Director's report - Deborah Mazzolini · The chairs in the Founders Room were recently replaced. The old chairs were donated to DelMar School. · Attorney Gary Ragghianti requested that he be kept apprised of the expansion in case of any potential legal action. 4. Financial statement for July 2008 One month into the fiscal year, income and expenses are in keeping with expectations. 5. Committee Reports · There was no film in July but the film Oil On Ice will screen on August 22nd. Belvedere Tiburon Library Agency August 18, 2008 Minutes Page 3 . The Program Committee has scheduled a relative of Trustee Epstein's for a program on September 9th. Everyone is encouraged to attend. . The Art Jury is scheduled for September 10-13. The panel will select artists for the 2009 calendar year. COMMUNICATIONS 12. Monthly calendar 13. Schedule of 2008 meeting dates Chair Johnson may have a conflict with the meeting on September 15th. Other trustees present were fine with the next meeting date. 14. Form: Request for Public Records Given the requests that have recently been made for copies of documents, administration has compiled a form based on one used by the City of Belvedere for public records requests. ADJOURNMENT: The regular meeting adjourned at 8:40 pm Respectfully submitted, Mary Vella Upcoming meeting: Monday, August 18th at 6:15pm. An email will be sent to ensure a quorum. MINUTES #12 TIBURON DESIGN REVEW BOARD MEETING OF SEPTEMBER 4, 2008 b/Q ~\S'l" <6. The meeting was opened at 7 :00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Vice-Chair Glassner, Boardmembers Chong and Tollini Absent: None Ex-Officio: Community Development Director Anderson and Associate Planner Tyler B. PUBLIC COMMENTS - None C. STAFF BRIEFING Associate Planner Tyler noted that the items for 1 and 9 Main Street were continued to the October 16, 2008 Design Review Board meeting. D. CONSENT CALENDAR 1. 1 MAIN STREET CAFFE ACRI, SIGN PERMIT - CONTINUED TO 10/16/08 2. 9 MAIN STREET SERVINO RISTORANTE, SIGN PERMIT - CONTINUED TO 10/16/08 E. OLD BUSINESS BEFORE THE BOARD 3. 110 ROLLING HILLS ROAD LITTMAN, NEW DWELLING 110 ROLLING HILLS ROAD ALLAN LITTMAN EXISTING PROPOSED REQUIRED LOT SIZE 20,150 S.F. NA NA FLOOR AREA 990 3,995 4,015 MAX LOT COVERAGE 4.9% 13.3% 15.0% MAX BUILDING HEIGHT 15' 26' 30' MAX SIDE YARDS 14' & 43' 15' & 18'6" 15' FRONT YARD 93' 55' 30' REAR YARD 65' 30' 25' V ARIANCES/EXCEPTION NONE TffiURON n.R.B. MINUTES #12 9/4/08 On August 7, 2008 the Design Review Board reviewed a site plan and architectural review application to construct a new single-family dwelling on property located at 110 Rolling Hills Road. During the meeting, several of the neighboring property owners discussed privacy concerns and the massinglheight of the proposed dwelling. The Board generally supported the design of the home, but determined that some of the neighbors' concerns should be addressed through modifications to the design. The Board therefore continued the item with direction given to the applicant to reduce the size and mass of the structure, and to work with the adjacent neighbors regarding the various privacy concerns. The applicant has now submitted revised plans for the new dwelling which would reduce the floor area of the dwelling by 260 square feet, reduce the lot coverage by 175 square feet and reduced the height of the structure by approximately four feet (4') with the incorporation of a flat roof instead of a pitched roof. Mohamad Sadrieh, architect, said he compared floor areas and visible heights of neighboring homes. He said that the proposed house would be substantially smaller and lower than the adjacent homes. He said that substantial concessions and sacrifices have been made and that additional changes to further lower and reduce the size of the building would result in no real benefit to the neighbors. He said that the windows removed from the design were unnecessary, stating that no other home in Tiburon has been asked to do this. Allen Littman, owner, acknowledged his neighbors' objections, but asked the Board to consider only those objections that were reasonable. He distributed pictures taken from inside his home toward the Miravalles' home where he can view the home and the study, stating that he could have opposed this when his neighbor built it, but he did not believe that it was an intrusion. He said that he sees much more of his neighbor's three-story house from outside his garage and reminded the Board of the surrounding larger, multi-story homes. He believed that it was the Board's responsibility to follow the laws and ordinances of the Town and provide their best and reasonable judgment. He said that he had spent considerable funds to compromise on the project design and asked the Board to approve the revised design without any further modification. The public hearing was opened. Jeff Rappaport read a letter into the record on behalf of his father and confirmed that the windows in the garage were deleted, but not the translucent windows in the staircase. He asked to reduce the size of the hallway windows which would look into their house and did not feel that foliage would sufficiently screen the windows, as vegetation can be trimmed or removed. He requested that the staircase windows be made translucent, as well as the bathroom, closet and garage window facing their property. Mark Miravalle said that the architect has done a good job with changes, but said the story poles should have been changed immediately and not a few days before the hearing. He disagreed with the statements made about his home and that felt the issue of expense was not the neighbors' problem. He asked that the roofheight be lowered further and the house shifted over towards his existing property by 10 feet with a variance for reduced setback. Mr. Littman said the houses in the neighborhood have changed hands two or three times over the last 45 years and they have designed the house for the purpose of being able to live there. He TffiURON n.R.B. MINUTES #12 9/4/08 2 stated that the house design meets Town guidelines, has the best possible siting and would have no affect on the study at 25 Rolling Hills Road. He said that it was unreasonable to live in a suburb and expect to see no other homes. Mr. Sadrieh reiterated the fact that no variances were being requested, the design was within all guidelines and there was very little impact to neighbors. He discussed the ample amount of landscaping for the design and said that he was amenable to working with staff to assure there was a sufficient landscaped buffer. The public hearing was closed. Vice-Chair Glassner believed that the applicant had done quite a bit to lessen any impacts. He said that he was pleasingly surprised to see the drastic change to a flat roof but thought that possible movement of the house on the site might be considered along with alternate window placement. He strongly felt that a landscaping buffer should be required. He supported the project as is with the added condition of approval requiring the applicant to work with Planning staff to ensure that an appropriate landscaped buffer be installed. Boardmember Tollini said that he was also surprised at the many changes made. He cited the floor area of other homes in the neighborhood and acknowledged that although there would be a change in what is currently present in the area, this needs to be balanced with the reality of where we live and the fact that houses will be built on vacant lots. He supported the project and agreed with the added condition requiring a landscaped buffer. Boardmember Chong believed that the applicant had made significant changes and that the siting would not cause a direct view of the house but more of an angle. He discussed the idea of frosting of all windows and believed the applicant made a good effort in changing the rooflines and making revisions. He supported the project, with the added condition for a landscaped buffer. Chair Doyle noted the range of house sizes in the area and felt that the revised house design did not seem to be intrusive. He believed simply adding some strong landscaping on the comer of the house would take care of the neighbors' concerns. He said that the final design never looks as massive as it appears on elevation drawings, and he wished the Board could require a model be built to give a better idea of house designs. He felt that the changes made were significant, especially with the windows on the front stairway, flattening of the roof and reducing the mass. He said that the applicant made numerous concessions and he supported the project. ACTION: It was MIS (Glassner/Chong) to determine that the project is exempt from the California Environmental Quality Act and approving the project with the attached conditions of approval with the additional condition to require the applicant work with Planning staff to install an appropriate landscaping buffer. Vote: 4-0. TIBURON n.R.B. MINUTES #12 9/4/08 3 F. NEW BUSINESS BEFORE THE BOARD 4. 20-22 MAIN STREET ZELINSKY PROPERTIES, NEW COMMERCIAL BUILDING 20-22 MAIN STREET LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION ZELINSKY PROPERTIES EXISTING PROPOSED REQUIRED 2,514 S.F. NA NA 2,415 2,941 2,950 MAX 59.5% 59.5% NA 22'3" 27' 30' MAX 0' & 0' 0' & 0' NA 0' 0' NA 0' 0' NA NONE The approximately 2,415 square foot "Harbor Light" building at 20-22 Main Street has been vacant since approximately 2006 and is uninhabitable due to its extensive deterioration and poor structural condition. A conditional use permit has been approved to demolish the existing commercial building and replace it with a new retail/office building. A Design Review application has been filed for construction of a new, two-story, 2,941 square foot commercial building. The new building would occupy roughly the same coverage area on the lot as the existing building, and would continue to provide two at-grade parking spaces at the rear of the lot, accessed by Juanita Lane. The ground level of the structure would have a floor area of 1,496 square feet, with a 1,445 square foot upper level. The second story would be approximately 500 square feet larger than the existing building's partial second floor. The proposed building would be 27 feet, 4 inches in height, which is within the 30 foot height limit for the VC zone. Most of the added height is a result of the peaked roof replacing the current flat roof, which slopes down from front to rear. The increased height is especially apparent on the Juanita Lane frontage, where the building is currently only one story in height. Hank Bruce, architect, briefly described the request, noting that the staff report was clear and that they were essentially replacing the building in kind. He said the Planning Commission unanimously endorsed the project and the Landmarks Society and Heritage Committee provided input which has been incorporated into their plans. He said that they revised their color palette after meeting with a color consultant. He discussed the Planning Commission's comments about lighting, noting that the lighting is solely for safety and he discussed the lighting fixtures proposed which he felt were appropriate. Vice-Chair Glassner referred to the utilization of the historical plaques, stating it was also suggested that plaques be added to many, if not all of the buildings on Main Street to memorialize the street as it is modernized. He confirmed that there was consideration given to utilize more of a heritage style for lighting and to make the fixtures as unobtrusive as possible. TffiURON n.R.B. MINUTES #12 9/4/08 4 Mr. Bruce said the building would not be completed until the spring and if a better lighting fixture can be found, they can have staff review it. Boardmember Tollini referred to the horizontal siding and entrance doors, and asked if there was any consideration given to making any changes. Mr. Bruce said horizontal siding would be used, and given the current code the door must be handicapped accessible that is resolved with a double door. There were no public comments. Boardmember Tollini said the lighting is in the rear and he believed it most likely would not be associated with what is going on with Main Street. He felt it was great to see something positive done to the building. He acknowledged it was falling apart, liked the proposed design, and supported the request. Boardmember Chong said he did not necessarily love the lighting, but it is functional and is located in the rear of the building. He recognized that double doors are not always the most historically accurate reflection of downtown but acknowledged the need for handicap access, and supported the project. Vice-Chair Glassner and Chair Doyle supported the project and liked the design. Community Development Director Anderson suggested the Board might want to amend Condition 8 for the exterior lighting fixture. Boardmember Chong suggested reasonable efforts be made to locate lighting which is more historic in character and if found, to work with Planning staff. ACTION: It was MIS (Chong/Glassner) to approve the project, subject to the attached conditions of approval, amending Condition No.8 to reflect that the applicant will make reasonable efforts to locate a lighting fixture that is more consistent with the historic period. Vote: 4-0. G. APPROVAL OF MINUTES #11 OF THE 8/21/08 DESIGN REVIEW BOARD MEETING No changes were requested by the Board. ACTION: It was MIS (Chong/Doyle) to approve Minutes #11 of the August 21,2008 meeting as written. Vote: 4-0. H. ADJOURNMENT The meeting was adjourned at 7:55 p.m. TffiURON n.R.B. MINUTES #12 9/4/08 5 'f) ACTION MINUTES #13 DIGEST TIBURON DESIGN REVIEW BOARD THURSDAY, SEPTEMBER 18, 2008 1505 TIBURON BOULEVARD A. ROLL CALL: Present - Chair Doyle, Boardmembers Chong and Tollini Absent - Boardmember Glassner Ex-Officio - Planning Manager Watrous, Associate Planner Tyler and Minutes Clerk Rusting B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 1. 96 Mt. Tiburon Court. 96 Mt. Tiburon LLC New Dwelling CONTINUED TO 10/16/08 E. NEW BUSINESS BEFORE THE BOARD 2. 430 Ridge Road Hannahs/Garay Minor Alterations/Appeal WITHDRAWN F. APPROVAL OF MINUTES #12 OF THE 9/4/08 DESIGN REVIEW BOARD MEETING .G. ADJOURNMENT - 8:15 P.M. TOWN OF TffiURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Planning Commission September 24,2008 -7:30 PM (0. AGENDA DIGEST TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chairman O'Donnell, Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner Fraser, Commissioner Frymier ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. 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 OLD BUSINESS 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] Continued from 09/10/08 2. 81 PAS EO MIRASOL: AMENDMENT TO AN EXISTING PRECISE PLAN (THE RING MOUNTAIN PRECISE PLAN) TO CHENGE THE DESIGNATION OF A VACANT PARCEL FROM OPEN SPACE TO PRIV ATE RECREATION USE; FILE #30802; Doug and Leslie Barry, Owner; Riley Hurd, Applicant; Assessor's Parcel No. 038-410-01 [SA] Continued from 09/10/08 Tiburon Planning Commission September 24, 2008 Page 1 PUBLIC HEARINGS 3. 1620 TIBURON BOULEVARD: CONDITIONAL USE PERMIT FOR THE OPERATION OF A NEW WIRELESS COMMUNICATIONS F ACILITY ~ FILE #1 0805~ Barbara Abrams, Owner~ AT&T Wireless, Applicant; Assessor' Parcel No. 059-101-03 [DW] 4. 1505 TIBURON BOULEVARD: RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE A WIRELESS COMMUNICATIONS FACILITY; FILE #19705~ Town of Tiburon, Owner; Spring Nextel, Applicant; Assessor's Parcel No. 058-172- 92 [DW] 5. 2344/2346 MAR EAST STREET: CONDOMINIUM USE PERMIT~ TO CONVERT AN EXISTING DUPLEX INTO TWO CONDOMINIUMS~ FILE #10807~ Angelina Umanski, Lawrence Bradford, Owners; Assessor's Parcel No. 059-195-11 [LT] MINUTES 6. PLANNING COMMISSION MINUTES - Regular Meeting of September 10, 2008 ADJOURNMENT Future Agenda Items a092408 Tiburon Planning Commission September 24, 2008 Page 2 DIGEST L :EAGUE, OF CALI FORN [/\ CITIES 1400 K Street, Suite 400 . Sacramento, California 95814 Phone: (916) 658-8200 Fax: (916) 658-8240 www.cacities.org tl. September 17, 2008 Contact: Eva Spiegel, (916) 658-8228 Cell, (530) 400-9068 FOR IMMEDIATE RELEASE Budget Underscores Drastic Need for Budget Reform SACRAMENTO -The League of California Cities has urged state leaders for months to find common ground on a state budget and produce one that is responsible and does not raid voter- protected local government, redevelopment or transportation funds. We urged them to level with the taxpayers about what it would take to get the job done, including budget cuts and tax increases. The Legislature's adoption of a budget early Tuesday morning that some legislative leaders described at worst as a "Ponzi scheme" and at best as a "short-term solution," gives Californians little comfort that this goal has been met. Gov. Arnold Schwarzenegger's announcement yesterday that he intends to veto the budget because of its many shortcomings underscores just how broken the state budget process really is. Californians have every right to expect better than a budget that passes the buck to next year's state leaders. Unfortunately, that is what this budget gives them, and its shortcomings will become even more evident in the days and weeks to come. Early this spring, the League committed to supporting a budget that did a few simple things: . Achieves savings by eliminating overlapping, obsolete and redundant programs; . Balances state spending and state revenues without "borrowing" voter protected funds; . Cuts spending responsibility and raises new revenues only to address the structural deficit and avoid devastating budget cuts (not for new programs) but only if there is substantial budget reform; . Enacts meaningful budget reforms to help weather the next economic crisis; and . Continues to invest in infrastructure to aid the economic recovery. The League's leadership applauds the fact that the Governor and Legislature agreed that the budget should not rely on "borrowing" local government and transportation funds. We are also pleased that the adopted budget provides additional Proposition 1 B funding for local streets. However, we strongly oppose the fact that part of the Legislature's final budget effectively steals $350 million of local redevelopment funds that are so essential to the vital community infrastructure investments that generate both high paying construction jobs and substantial state and local ievenue. There also seems to be little in this budget in terms of streamlining or real solutions that address the state's structural budget deficit. In fact, some of the solutions are expected to make next year's problems worse. In short, after 78 long days of gridlock, it is clear that most legislators, the Governor and other opinion leaders agree that the budget that was adopted will not serve California well in either the short- or long-term. More importantly, this consensus emphasizes the critical need for comprehensive budget reform. The League stands ready to work with state leaders and other stakeholders in moving this agenda forward. California can ill-afford another budget impasse that threatens funding for critical services and undermines public confidence in government. The time has come to fix this dysfunctional system and do the job Californians rightfully expect from their state and local officials. Now is the time and this is the place. ### OFFICE OF j.J COUNTV% ED UCATI 0 N ~\S~ MARiN 1111 LAS GALlINAS AVENUE/P.O. BOX 4925 SAN RAFAEl, CA 94913-4925 marincoe@marin.k12.ca.us MARY JANE BURKE MARIN COUNTY SUPERINTENDENT OF SCHOOLS (415) 472-4110 FAX (415) 491-6625 September 12, 2008 RECEIVED SEP 1 5 2008 The Honorable Tom Cromwell, Mayor and Members of the City Council City Hall 450 San Rafael Avenue Belvedere, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Mr. Mayor and Council Members: On behalf of the school districts of Marin County, let me begin by thanking you for your willingness to host the meeting between the Marin school district superintendents and trustees, and the Marin County Council of Mayors and Councilmembers (MCCMC) on April 22, 2009. As it turned out, that was the same date selected for a statewide meeting that affects several basic aid districts in Marin County and a date over which the schools have no control. This conflict necessitated our request for the new date of March 25, 2009. We appreciate your flexibility in accommodating the need to change. The schools of our Marin County community are so fortunate to have the support of the City of Belvedere and our other municipalities in working through the Marin Community United to emphasize the interconnectedness that we have in serving children and families effectively and efficiently. Our standing together sends a strong message that in seeking the limited resources made available by the state and other governmental agencies that we will not allow ourselves to be subject to the "divide and conqueror" approach that so often is employed. As educators, we understand that the services provided to the residents of Belvedere and other cities and towns impact directly on our students, their families and our school districts. Thank you for your partnership and your vision in seeing the value of our work together. Again, we appreciate your willingness to host our joint meeting and look forward to another time when that can happen. Best wishes as you continue your leadership in the beautiful and very special City of Belvedere. Sincerely, f{~~~ MARY JANE BURKE Marin County Superintendent of Schools cc: Alice Fredericks, Vice Mayor of Tiburon and Co-chair of Marin Community United t./ Christine Carter, Superintendent of the Reed Union School District and President of the Marin Association of Superintendents BUilDING THE FUTURE . . . ONE STUDENT AT A TIME DIGEST c. LEAGUE or CAL! FORN j,l\ CITIES 1400 K Street, Suite 400. Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.orq TO: California City Officials FROM: Jim Madaffer, President and Council President Pro Tern, San Diego Chris McKenzie, Executive Director SUBJECT: SB 375 (Steinberg) and the League's Formal Support Position DATE: September 15,2008 EXECUTIVE SUMMARY: Last year the League board opposed SB 375 (Steinberg) unless it became a two-year bill and pledged to work with the author to reach a fair compromise, if possible, to address our core local land use control concerns. We are pleased to report that SB 375, as finally amended, provides an incentive-based statutory framework for reducing the 35-40% of greenhouse gas (GHG) emissions that come from cars and light trucks while at the same time protecting local land use authority and providing important RHNA and CEQA reforms. Soon you will receive an in-depth analysis of the bill from the League, but this memo explains the reasons for the board's August 6 unanimous decision (with one abstention) to change its position and discusses the amendments the League secured, including: · All Local Land Use Authority Protected. Cities retain complete local control over all land use decisions and their general plans. · RHNA Reforms. The bill includes a new 8-year RHNA schedule (in place of the 5- year schedule) for cities and counties that update their housing elements. · Consultation on Targets. CARB issues regional greenhouse gas (GHG) targets only after consultation with regions and local governments. [Not required under AB 32]. · Discretion for Transportation Funding Retained. The metropolitan planning organizations (MPOs) retain discretion over the Regional Transportation Plan (RTP). The MPO may allocate transportation dollars even when there is no feasible way for the Sustainable Communities Strategy (SCS) within the RTP to achieve the regional GHG target. In such circumstances, the region must develop an Alternative Planning Strategy (APS) that is separate from the RTP, but the APS is not used to allocate transportation funding. . New CEQA Reforms Within A Local Control Framework. The SCS or APS, whichever is certified as achieving the GHG goal, qualifies eligible projects for substantial CEQA streamlining for projects that are consistent with the regional plan. Such projects, however, must still seek local approvals, which include conformity with the local general plan. 2 2006 GHG Legislation and 2007 Supreme Court Decision In 2006 the legislature and governor approved AB 32 (Nunez), the Global Warming Solutions Act, delegating broad authority to the California Air Resources Board (CARB) to issue regulations to achieve major reductions in GHG emissions in all sectors of the economy, including cars and light trucks which contribute approximately 35 - 40% of all GHG emissions. A few months later the U.S. Supreme Court held that a similar general statutory scheme (the Clean Air Act) should be construed to apply to GHG reduction even though the law did not explicitly authorize a particular type of regulation. ] This case confirmed for League attorneys that without additional legislation like SB 375, the broad grant of authority in AB 32 would likely allow CARB to regulate in areas traditionally reserved to local and regional agencies, including transportation and land use planning, approvals and investments. (In fact, CARB was preparing to do so). We subsequently learned that lawyers with the California Building Industry Association (CBIA) had independently reached the same conclusion and that its leaders shared our belief that local land use control could be better protected by negotiating changes to SB 375 than trying to stop it. League Opposes SB 375 in 2007 -- Commits to "Roll Up Its Sleeves" At its July 2007 meeting, the Board devoted three hours to discussing SB 375 and subsequently sent Senator Steinberg a letter that shared the board's "enthusiastic support of the purposes of SB 375," but nevertheless opposed the bill and requested that he hold it over to the next legislative session. The letter went on to acknowledge that the bill presented "a historic opportunity" to reduce greenhouse gas emissions and that the League was "ready, willing and able to roll up its sleeves and get to work" on addressing our concerns. The Senator ultimately agreed to delay action when the League, builders and others expressed concern. The League had identified a number of outstanding issues: . Mandatory Growth Allocations. It required Metropolitan Planning Organizations (MPOs) to do mandatory and heavily prescribed growth allocations within the regional transportation plan (RTP), which came to be known as "concentric circle" planning. [Removed in final bill] . Sweeping Resource Definitions. It contained resource definitions that included new ambiguous terms such as "keystone" and "umbrella" species. [Removed in final bill] . Mandatory Limits on Transportation Investments. The location of resource lands dictated transportation investments. [Removed in final bill] . Confusion Between State and Federal Laws. Confusion existed about the relationship between the new "Sustainable Communities Strategy," a so-called "Supplement," and the existing federal RTP requirements. [Resolved in final bill] . No Role for Elected Officials. It contained no provisions for incorporating the input of elected local officials into the Sustainable Communities Strategy who actually make land use decisions. [Addressed in final bill] 1 Massachusetts v. EPA, 127 S.Ct. 1438 (2007). 3 . Top-Down Targets. It called for a top-down process for setting GHG targets that was unacceptable. [Changed to bottoms up process in final bill] . Meaningless CEOA Relief. The CEQA provisions were unlikely to result in meaningful relief of any kind. [Addressed in final bill] . Conflict With RHNA. The new goal of encouraging infill through transportation investments and the R TP (4 year cycle) directly conflicted with existing RHNA goals and was on a different cycle than RHNA (5-year cycle). [Addressed in final bill] . Mandates Without Incentives. The bill was mandate oriented, not incentive based. [Addressed in final bill] . Lack of Funding. The League was concerned about a continued lack of funding tools for infill infrastructure. [Addressed by author] Fall 2007-Board Meets With Sen. Steinberg; CBIA Urges Action Senator Steinberg traveled to San Jose to discuss SB 375 with the Board at its November 2007 meeting. At that time the Board renewed its commitment to negotiate with him to address the League's local control concerns. Board members appreciated this very clear signal of his desire to work with us in good faith to seek compromise on his legislation. We were invited a short time later to meet with the leadership of the CBIA, and we agreed on the importance of our mutual involvement in making SB 375 a workable. incentive-based bill for addressing GHG emissions from cars and light trucks. We also agreed that our failure to do so would increase the risk of serious and uninformed regulation of local land use and transportation programs by theCARB as it worked to implement AB 32, particularly in light of the U.S. Supreme Court decision mentioned earlier. From that point forward, and with the help and advice of many members of the League board, League policy committee members, local planners, community development directors, city managers and attorneys, the League began to develop a set of recommendations to improve the bill. We formed a special city attorney's task force to evaluate the proposed CEQA incentives and convened other groups to assess other possible amendments. Throughout the process we kept the executive committee, board and relevant policy committees updated on the amendments that were being discussed. Summer 2008-A Proposed Compromise Addresses Our Concerns After literally thousands of staff hours studying and negotiating this bill, the exchange of extensive proposed amendments and careful negotiations with the author's direct involvement along with other stakeholders (builders, affordable housing groups, counties, COGs, planners, etc.), the bill in its amended form is significantly different: . Mandatory Growth Allocations Eliminated. The mandatory growth allocations have been removed and the requirement in earlier drafts that a region "identify resource lands" has been changed to "gather and consider the best practically available scientific information about resource lands." 4 . Proposed New Definitions Abandoned. The ambiguous environmental land definitions have been clarified to be consistent with existing standards in current law that are well understood. . Local Involvement in Setting GHG Targets. The bill now contains a fair process for setting regional targets that includes a statewide advisory committee with League representation. Minimum workshops requirements in each region are imposed on CARB. . Local Land Use Jurisdiction Clearly Protected. Cities retain complete planning and regulatory authority over local land use decisions. There is no requirement to amend the local general plan to comply with the regional strategy, nor is it a precondition for CEQA relief. . Special Outreach to Local Elected Officials by MPO. Each MPO must adopt an outreach process that includes workshops for local elected officials in each county. . RHNA Extension and Consistency. The bill achieves a three-year extension of the RHNA process (from 5 - 8 years), making it consistent with the RTP process of two four-year cycles. This achieves a major League goal. . Meaningful CEOA Relief. The bill contains numerous, meaningful CEQA relief provisions. Among other things, this includes relief from GHG analysis under CEQA for residential and mixed-use projects consistent with the density, designation and building intensity in the regional plan without any local plan changes necessary. . Accounting for GHG Emissions. The bill contains a feasible way to account for GHG emissions from cars and light trucks . Incentive Based System. The bill now offers meaningful CEQA relief incentives to reward development consistent with the regional Sustainable Communities Strategy (SCS) rather than local mandates. Local general plans must be considered as well in the development of the SCS. . Ends Confusion Between RTP and Supplement. The bill explicitly removes any connection between the "Supplement" (now called the "Alternative Planning Strategy" which is required when a region's R TP cannot meet the regional targets) and the RTP; i.e., the land use pattern in the Alternative Planning Strategy will not affect or be part of the R TP or its funding. . Funding for Infill Infrastructure. Senator Steinberg agreed to make written commitments to work with League to secure additional funding for infill infrastructure funding while he is Pro Tern of the Senate. CLOSING As a result of these changes, a special task force consisting of the League's Executive Committee and the chairs of the HCED, EQ and TCPW policy committees recommended that the League board support the bill in its special August 6 meeting. At that meeting the board voted unanimously (with one abstention) to support SB 375, as amended. The bill has now been approved by both the Senate and Assembly and is awaiting transmittal to the Governor. The League has advised the Governor of its support of the legislation. Please let us know if you have any questions. We hope to see you soon at the Annual Conference in Long Beach.