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Home My WebLink AboutTC Digest 2008-10-17 W"" TOWN COUNCIL WEEKLY DIGEST Week of October 13 - 17, 2008 Tiburon 1. Memo - Laurie Tyler - Green Building Outreach and Implementation 2. Letter - Dan Weiss - Possible Termination of Saturday Construction Hours 3. Packet of 5 Letters to Chas. McGlashan - Support Marin Clean Energy Agendas & Minutes 4. Minutes - Design Review Board -10/02/08 5. Action Minutes - Design Review Board - 10/16/08 6. Agenda - Bel/Tib Library Agency -10/20/08 7. Meeting Cancellation - Planning Commission -10/22/08 Regional a) Invitation - Marin Economic Commission - Awards 11/14/08 * b) Bay Area Monitor - October/November 2008 * c) Estuary - October 2008 * d) Letter - Q-Star Technology - "FlashCAM" Crime Deterrent System * e) Event Announce. - LGC - "New Partners for Smart Growth" - 1/22-24/09 * f) Notice - Marin Co. Community Develop. - Local Coastal Program Update g) Memo - LCC - 2008 Annual Conference Resolutions Final Report h) Letter - Western Traffic Services - Application from Marin Airporter Agendas & Minutes i) None * Council Only TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 ()~ G~~,.. J · MEMORANDUM Date: October 17,2008 To: Scott Anderson, Director of Community Development From: Laurie Tyler, Associate Planner Subject: Green Building Ordinance Implementation & Outreach The Green Building Ordinance was adopted in October and will go into effect in November. With that in mind, the Assistant Planner and I have been determining what type of informational handouts, resource contacts and community outreach the Town should provide to stakeholders to inform them of the new ordinance requirements. As the Town modeled its Green Building Ordinance after the City of San Rafael's, we met with their Community Development Director, Bob Brown, to find out how they have implemented their green building program in terms of handouts and community outreach. Bob provided us with several handouts that they use for both the Planning and Building stages that we can easily modify to our Ordinance requirements. This will also help create a uniform approach to applications for builders that happen to work in both jurisdictions. He also provided us with resource lists, a list of local green point raters, and a local green materials business that can create a modest green materials board for us to hang in the lobby to show builders the types of green material options which currently exist. As far as community outreach, Bob met with several HOA groups to give a short presentation on the new ordinance requirements; however, he did not see any interest from homeowners after making two or three of these presentations. He found that the building community expressed more interest, but that most builders were already aware of green building requirements since other communities in Marin, including the County and the City of N ovato have had green building standards in place for years. After meeting with Bob Brown, we have developed the following strategy for outreach: · Send out a mailer with all of our forms and new requirements to those builders and architects who consistently have projects in Town. The Town keeps a database of these builders and architects. · Utilize Tiburon Talk, the e-newsletter, to inform the general public about our new green building ordinance. This way we are still informing homeowners of the new standards in addition to the local building community. '}"'\\'11 d- 'Iiburon Cktobcr ]r, 2(108 · Create a small kiosk in the Town lobby adjacent to the existing handout shelf for green building forms, resource lists and a green materials board. · Develop a comprehensive green building page on our website to make it easy for architects, designers, and builders to download forms and find resource contacts in the green building field. San Rafael has found that this approach is in high demand and creates an easy way for local builders to research and for Staff to easily update the public on general green building information. Staff will begin the website work as soon as possible. DIGEST :l. October 10, 2008 Town of Tiburon, Building Inspector 1505 Tiburon Blvd. Tiburon, CA 94920 Attn: Dean Bloomquist RECEIVED OCT 1 4 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Mr. Bloomquist, I am aware the Town of Tiburon is considering denying builders the right to work on Saturdays within its borders. My Father filled out a questionnaire regarding this matter. J also would like to weigh in. I live at 30 Turtle Rock Court. My father, Hal Weiss who also lives in Tiburon, and I are partners of 35 plus years in a small home building business. All of our work over the last 10 years has been in southern Marin, the majority of it in Tiburon. I am strongly against this restriction as I see it as abusive, punitive, selective, and di scriminatory. 1- Over the years, when building in the Town, my business has literally paid hundreds of thousands of dollars directly to the Town, its sanitary districts, schools, and other agencies in the form of fees and permits. Every time we create a new home w-e are adding handsomely to the tax base as well. Construction is currently restricted unlike any other business regarding Saturday work. Why abuse solid contributors to the community by restricting our ability to work entirely on Saturdays? 2- As you know not all of the people who work in this town can afford to live here. Often because of weather, daylight hours, and commute problems our workers need the extra time they can get in on Saturdays in order to make ends meet for their families. This is particularly acute in these hard economic times. Why would you want to enact a restriction that is punishing to those less fortunate than Tiburon residents? 3- Much work goes on every weekend in our community that is construction in nature. Who will this restrictio'i apply to? What will determine who is in violation? Will it apply equally to the home owner who wants to repair his fence, or build a deck, or paint the exterior of his house? Or just to a select few of us who are in the building business? 4- Many businesses are open on Saturdays in our community. Saturday business activity can be found in both residential and commercial neighborhoods. School activity, church activity, athletic and special events, shopping and dinning, home service and repair work, and gardening, all take place on Saturdays. What is the difference between these activities and general construction activities? Is there really any difference between an existing resident and a contractor who might be painting the interior or exterior of their house on a Saturday? The way I understand the contemplated restriction, the only distinction is that it is discriminates against some one such as me, a contractor. If you are going to apply this "law" equally to all in our community, be they resident or stranger, it is one thing. But for me, when you single out the work of the contractor, it becomes discriminatory and smacks of elitism. Please keep me apprised of developments and hearings regarding this issue, Sincerely, Dan Weiss 30 Turtle Rock Ct. Tiburon, CA 94920 cc Margaret Curran, Town Manager j cc Mayor Paul Smith cc Frank Glassner, Tiburon Design Review Board Oct 17 2008 10:54AM __ _----- _,_ _ _'_' _ _, ." _ HP LASERJET FAX ..-~ ..-.....- .,...- - ----.. - -,..- ..-.-- p. 1 3. DIGEST 1 {'I_ AI. r / J 'Tk;).U.Aot"\ C"'>L /'IJ . 'I? 0: )n 0- ( VI C u'; cKJf'- CZ-^-" I ( '~ lOU/7C.:.( PLRcU)f2. 7vLaAJ i.~~ COM/}!{ JI} W~ {hOi~~~ hp rfh"'r7(~. 7kdt- '')IOU, U" d~l-'~ 6nuCflu , jtfp s 1'dbJ / (1:~U_.dP'\- ( ('4- Oct 17 2008 10:54AM HP LASERJET FAX , ,,,. __ .,"_ _....lIl.. ,...._. ,._. __ __. _ .___. _. _' .._.. ._ _'-' _ ,____.....____'---- -.. ,-, -- p . 2 u~) Me ~/YV -rh~~ ~ ~~f .~ III ~ jj~a-' --~ ~ .. uA:L';? r akf IY) c~ ~ p~~;i6 kt~ .~Z~ . v{- -dt4-) ~, J ~. ~4/'-. C<-- I>-P4~~J Jl~ 1?'g3 {1AJ.~Yi- A77 ,;dal: !:tA. ~ . ~ ~ r-~ cuJCh<- #O~ ~a ~/}'~d- 1; J- ()~ g '-r~~ , _oct 17 2008 . __ . .__ '. ,____ 10. 54AM HP LASE ~. u_ _ _ ~ ~_:.! FA >< p.3 tp# a~~ J1lc ~ -;-; 6 v. ~<7'! c ( (" 0--<-'-- C : / ) //lflA_ _" "./ #'7/ _ f\ V ,~ r~ /V-< / /' (...t!;>"VV" ~ ~k --". - p~'~ S c., ~Jc- to ~;;::/ .2 J'I 'j' rrJ!~/ I~ '/rturof1( c A- 7 0/, 2-.6 Oct 17 2008 10:54AM HP LASERJET FAX _____ _P : 4 oS I ({/O~ 'peG''-V _<; ~'P~" " \ S 'v- ev"\.. ~ (,. \,. 'j f \ (';" ~.e. C U'..JV'\ <.:..-\ \ f e 't~'1 J (. V\" \. C.Q..". VY") ...'. lee.. · Ii' .... l d \ · , · -. 'e . .,;..'l.,\(l,.'\' n.j ~j ,.j., ~( ~t'::..e-. .~~r'\ 0 V"',. '~j c <,;" 'V\yv'\,J.......... , \1 j j ..', \ .'n..', \:J ,.~,.. J.?..:.....~ . ~~v "'t.."1J ....\"\,'"' ..v~... ~.., j"^"';.J . 5', .', '-f? ,.,~.", -<':"''-'j J \ \ ,..-, c:::: "It"-" \,-;Ji~'\(l"6 'r-'..)y"'- \ 0 'B .~'l;- ~;.~ r'i? (",.'\- (., ~ .-r , \0 \, ...\.-'t: ",'''\ (...~. , <1 f...l ~t 'i- 0 O~t }7 200~_~0:54AM __~~ ~~~~RJ_ET FA>< p.5 I_~ / 8 ~tjg J)c;cw' S u ~V\S c f' B fer a1} 1'1 01 ) M(y(]b-e-~ 'r k?se- m.Y h wit ('CM~"Cpt b v11~) CLJyYI WI II 111..{ri ' ChOLU/ 01~ Y ov (.Ji:. fn DVrtcr c-fu (5 Ui(.~' --- \ '-_ 1 () ~~'tl i'IUW;';(,t'Jh {;::tA r? ~.." ,J'_. tl,1\(i.f...1 1'" /' "','"1.,- '\ ./ ~.. ~..... . , / ...'"' I [) i~/lh.(111j {' (J.:l (/,l ~b{/ruY2 elf-: rY9Zc biG ~~,.. If. MINUTES #14 TIBURON DESIGN REVEW BOARD MEETING OF OCTOBER 2, 2008 The meeting was opened at 7:00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Boardmembers Chong, Wilson, and Tollini Absent: Vice-Chair Glassner Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips, and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous noted that the applications for 55 Mt. Tiburon and 325 Taylor Road were continued to the November 6, 2008 and November 20, 2008 meetings, respectively. He also welcomed new Boardmelnber Wilson to the Design Review Board. D. NEW BUSINESS BEFORE THE BOARD 1. 11 VIA CAPISTRANO TAM, ADDITIONS 11 VIA CAPISTRANO LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION SCHUMAN AND MAY TAM EXISTING PROPOSED REQUIRED 21,421 S.F. NA NA 2,908 4,009 4,142 MAX 10.4%) 13.4% 15.0% MAX 27' 27' 30' MAX IT&IT IT&IT 15' 33' 33' 30' 83' 79' 25' NONE The applicant is requesting Design Review approval for the construction of an addition and alterations to an existing single-family home located at 11 Via Capistrano. The addition would include the expansion of the existing upper level linking the detached garage with the existing home. An additional garage bay and expanded driveway is included with this application. Two attached rear decks would be added, including a spiral staircase and spa. Other exterior changes TffiURON n.R.B. MINUTES #14 10/02/08 proposed with this application include a new chimney, reconfigured windows and sliding glass doors, a new deer fence along the property lines and other landscape features. Hank Bruce, architect, said this is a minimal addition to an existing house that would not impact the site or neighborhood. He said that the garage would be expanded to a three-car garage with a retaining wall cut into the slope to allow maneuverability of vehicles, with SOIne additional floor area to link the garage to the main home, along with an addition on the first level and a deck added above. He said that landscape development is a Inajor cOInponent of the project and will include adding an outdoor kitchen, spa, and bocce ball court. He said that the owners shared the plans with neighbors and the only concern that arose was regarding the deer fence bordering one neighbor. He said this would not be an issue once plantings grow around the fence. The public hearing was opened. Robin Hudnut said she was concerned that the deer fence wouldl devalue her property by interfering with her view of trees. She invited Mr. Bruce to view where the fence is proposed out of her kitchen window and she proposed that the fence could "turn'~ earlier so that it would not be so visible from her kitchen window. Mr. Bruce responded that they are completely willing to work with Ms. Hudnut. Chair Doyle asked what the type of plantings would be planted along the fence. Mr. Bruce said he was not sure but some type of vegetation would be planted there. The public hearing was closed. Boardmember Tollini said he thought that the additions were nicely designed and well integrated with the garage and the rest of the house. He said that some screening landscaping should be planted along the fence that would cover the fence sooner rather than later. Boardmember Chong said that the fence would be close to the neighbor and he agreed with Boardmember Tollini that the plantings along the fence help with screening sooner rather than later. Boardmember Wilson said that he visited the site and agreed that the fence is going to be more noticeable than expected. He suggested lowering the height of the fence. Chair Doyle also believed the fence would disappear fairly quickly behind plantings, noting that he had experienced a similar fence with a neighbor that had been screened by landscaping. ACTION: It was MIS (Chong/Wilson) that the project is exempt from the California Environmental Quality Act and approved the project with the attached conditions of approval, with the additional condition requiring that Planning Division staff review the landscaping plans to ensure that plantings will grow quickly to screen the proposed fence. Vote: 4-0. Boardmember Tollini recused himself from the following item and left the meeting. TIBURON D.R.B. MINUTES #14 10/02108 2 2. 1762 VISTAZO WEST STREET ZEDLITZ, ADDITIONNARIANCE 1762 VISTAZO WEST ST. LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION ALFRED AND MICHELLE ZEDLITZ EXISTING PROPOSED REQUIRED 10,000 S.F. NA NA 3,400 3,400 3,000 MAX 32.30,10 32.2% 35.0% MAX 23' 23' 30' MAX 0'&8' 2'&8' 8' 15' 15' 15' 36' 36' 25' REDUCED SIDE YARD SETBACK The applicant is requesting Design Review approval for the construction of alterations to an existing two-unit condominium located at 1760 & 1762 Vistazo West Street. The alterations would include reconfiguring the existing first and second story decks and stairs along the side of the building and the entry into both dwelling units. Additional windows would be added along the north side of the upper level. A stone column and wood fence would be added along the front property line. The fencing would transition into a glass guard rail. A variance is requested for a reduced side yard setback. Michael Heckmann, architect, said the existing structure contains two condominiums and looks very tired and old from the street. He said that a section of the entry, landings, and stairs have actually been built on the neighbor's property, and their plan would correct that. He stated that they want to take advantage of the narrow peninsula area of the property which has the best view by improving landscaping, and adding fencing and a guard rail. He said that the owner has talked with neighbors, and there is no real visual impact or privacy issue. He stated that they have eliminated the large trellis over the entryway so the main visual change from the street would be the addition of the fence extending along the street and connecting to the entryway. Boardmember Chong asked if the guard rail was made of glass. Mr. Heckman confirmed that it is glass and he pointed out that Old St. Hilary's is far downslope from it and would not be impacted. Chair Doyle asked about landscaping in front of the fence. Mr. Heckman said they would plant vines in front of the fence, but there was no room for large shrubs. He believed that a good approach would be to plant vines to give a sense of more greenery across the entry to the property. Boardmember Wilson questioned and confirmed with Mr. Heckman that the proposed height of the fence was 5 feet. There was no public comment. TIBURON n.R.B. MINUTES #14 10/02/08 3 Boardmember Wilson said that he visited the property and felt that this is a good compromise that also fixes an old Inistake. He questioned whether a 5 foot fence was needed as there is not a lot of traffic and there are no fences at that end of the street. He suggested Inaking the street side lower at 3 or 4 feet, adding that keeping children safe can be accomplished with a lower, less intrusive fence. Boardlnember Chong said he liked the project, including the fence materials. He said that his only concern was that the fence would be viewable from the open space but this has been taken into account. He said that he was comfortable with the height of the street-side fence. Chair Doyle said that the project was a nice fix for the site. He suggested that perhaps the top foot of the fence could be lattice or an open design so that plants can grow through it and there would be less of a solid wall. ACTION: It was MIS (Chong/Wilson) that the project is exempt from the California Environmental Quality Act and approved the project with the attached conditions of approval, with the additional condition of approval requiring the applicant to work with Planning Division staff to explore the possibility of making the uppermost I-foot portion of the street-side fence a lattice or open design. Vote: 3-0. 3. 1865 MOUNTAIN VIEW DRIVE PEARCE/GRANT, NEW SINGLE-FAMILY DWELLING - CONTINUED TO 11/06/08 4. 55 MT. TIBURON ROAD FAIDI, NEW SINGLE-FAMILY DWELLINGN ARIANCE/FLOOR AREA EXCEPTION - CONTINUED TO 11/20/08 5. 325 T AYLOR ROAD GAUSE/KUHN, ADDITIONN ARIANCE - CONTINUED TO 10/16/08 E. APPROVAL OF MINUTES #13 OF THE 9/18/08 DESIGN REVIEW BOARD MEETING No changes were requested by the Board. ACTION: It was MIS (Chong/Doyle) to approve the minutes of the September 18, 2008 meeting as written. V 0te: 3-0. F. ADJOURNMENT The meeting was adjourned at 7:30 p.m. TIBURON n.R.B. MINUTES #14 10/02/08 4 ,. ACTION MINUTES #15 ~/Q ~.s~ TIBURON DESIGN REVIEW BOARD THURSDAY, OCTOBER 16, 2008 1505 TIBURON BOULEVARD A. ROLL CALL: Present - Chair Doyle, Boardmembers Chong, Tollini and Wilson Absent - Boardmember Glassner Ex-Officio - Planning Manager Watrous and Minutes Clerk Rusting B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. NEW BUSINESS BEFORE THE BOARD 1. 2. 1 Main Street 9 Main Street Caffe Acri Servino Ristorante Sign Permit CONTINUED TO 12/4/08 Sign Permit CONTINUED TO 12/4/08 E. OLD BUSINESS BEFORE THE BOARD 3. 96 Mt. Tiburon Ct 96 Mt. Tiburon LLC New Dwelling APPROVED F. NEW BUSINESS BEFORE THE BOARD A. 5. 6. 2 McCart Court 4 Old Landing Rd. 325 Taylor Road Kaiser Seeger/Cohen Gause/Kuhn Additions/Floor Area Exception CONTINUED TO 11/6/08 Addition APPROVED Addition/Variance CONTINUED TO 11/6/08 G. MINUTES OF THE 10/2/08 DESIGN REVIEW BOARD MEETING - APPROVED H. ADJOURNMENT - 8:10 P.M. 10/16/2008 14:59 FAX 4157892650 BEL-LIB-LIBRARY IlJ002 REGULAR MEETING BELVEDERE-TIBURON LIBRARY AGENCY Monday, October 20, 2008 Regular Meeting 6;15 PM Belvedere- Tiburon Library 1501 Tiburon Blvd., Tiburon, California ()IG~ ~~.,.. ,. AGENDA CALL TO ORDER/ROLL CALL OPEN FORUM Th!6 is an opportunity for any. citizen to briefly address the Board of Tr~stees on any matter that does not appear on this agenda. Upon being recognized by the ChaIr, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Board consideration will be 8gendized for further discussion at a later meeting. STAFF. BOARD AND COMMITTEE REPORTS 1. Chair's report - Steger Johnson (2 minutes) 2. BTLF report - Carol Kurland (5 minutes) Appoint trustee liaison to November meeting 3. Library Director's report - Deborah Mazzolini (10 minutes) 4. Financial statement, September 2008 (5 minutes) 5. Committee reports (5 minutes) Program Committee calendar and Film Series Response Summary CONSENT CALENDAR - 5 minutes ihe purpose of the Consent Calendar is to group Items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Board, its staff or the public may requesl removal ot an item for discussion. 6. ApprOval of minutes of September 15, 2008 7. Approval of warrants dated September and in-house check registers TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. 8. Building Program Expansion update (15 minutes) Findings on building a partial second floor on the existing building as part of expansion effort 9. Training in First Aid (5 minutes) Tiburon Fire District will train the staff on Friday, February 61". Plan to open at 1 :OOPM that day. 10. Library Society Party: Closing early on Tuesday, February 24 (5 minutes) 11. Marketing and public relations (5 minutes) 12. Monthly calendar 13, Schedule of 2008 meeting dates COMMUNICATIONS & ANNOUNCEMENTS ADJOURN NOTICE AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats: special assistance needed to attend or participate in this meeting. Please make your request at the office of the Administrative Assistant or by calling (415) 789.2660. Whenever possible, please make your request three days in advance. 10/16/2008 14:59 FAX 4157892650 BEL-LIB-LIBRARY III 001 Belvedere- Tiburon Library Agency 1601 Tiburon Blvd. Tiburon. CA 94920 Phone: 415-789-2665 Fa~; 415-789-2650 - --- -- - ...... ---.. . - .. - . --. - - . ... - - -. . -- . . -- -, H ..,. . . ..'" - P", ~ - -, -- -- -..... . _. ... - _.- .-: , , '-lld--a[-I.- ,[ "I'l..,. ,. ..----- I l- .-~-.~ t -~::a_ _:: ~:--l ., . ~._~-:.-::.~:~-=_~ ~ : .~- ~_~_ '-=_;- ~_:~-~i~~~::~~~-. ',',.u'_ ~~.~-~ Faxb: Carol Kurland, 435-7088 Diane lacopi, Tiburon Town Clerk, 435-2438 Leslie Carpentiers, Belvedere City Clerk, 435-0430 Reed School District, 384-0890 Deirdre McCrohan, The Ark, 435-0849 Re: Agenda for the Belvedere-Tiburon Library Agency meeting Monday, October 20,2008 - 6:15 PM regular meeting. The meeting will be held in the Library's Founders Room - 1501 Tiburon Blvd., Tiburon /v(L ~S1 Q { (, ~ ~~y 7. NOTICE OF MEETING CANCELLATION b/Q ~~~ THE REGULAR PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, OCTOBER 22, 2008 HAS BEEN CANCELLED. THE NEXT MEETING OF THE PLANNING COMMISSION WILL BE THE REGULARLY SCHEDULED MEETING ON WEDNESDAY, NOVEMBER 12, 2008 SCOTT ANDERSON, SECRETARY ! ~ MARIN COUNTY ..::::::.:~;;:J COMMUNITY Dt;Vt;LOPMfNT AQ;NCY .......( ALf;X ~INDS, DIRf;CTOR NOTICE OF SPECIAL JOINT PUBLIC HEARING AND WORKSHOP MARIN COUNTY LOCAL COASTAL PROGRAM UP ATE PROCESS WHO: Any and all interested persons. WHAT: The Marin County Board of Supervisors and the Marin County Planning Commission will hold a special joint public hearing and workshop to discuss the proposed process and schedule to update the Marin County Local Coastal Program, WHERE: The joint public hearing and workshop will be held in the Board of Supervisors Chambers (Room #330 - Administration Building), Civic Center, San Rafael, California, WHEN: Tuesday, October 28,2008 at 1:30 P.M. ADDITIONAL INFORMATION: Please visit the County's website at http://www.co.marin_ca.us/efilesIBS/AgMn/cvbagnda.htm to obtain a copy of the staff report, or call the Community Development Agency - Planning Division at (415) 499-6269 on the Friday before the scheduled meeting. Written material for the Board of Supervisors should be submitted to the Community Development Agency at least 10 days prior to the meeting date so that it can be distributed and considered by the Board and Planning Commission members with the staff report. Any written material submitted after this date will be distributed to the Board and Planning Commissioners prior to or at the meeting, If you challenge the decision of this project in court you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Community Development Agency - Planning Division at, or prior to the public hearing, (Government Code Section 65009(b )(2).) Pursuant to Sections 21080.5 and 21080,9 of the Public Resources Code and Sections 15250 and specifically 15251 (f) of the California Environmental Quality Act (CEQA) Guidelines, the preparation, approval, and certification of a Local Coastal Plan Amendment is exempt from the requirements for preparing Environmental Impact Reports, Negative Declarations, and Initial Studies because it meets CEQA environmental review requirements through the California Coastal Commission's Certified Regulatory Program "functional equivalent" review and approval process. H'OW TO OBTAIN THE LCP: The Marin County Local Coastal Program, Units I and II, are available on the website at http://www.co.marin.ca.us/depts/CD/main/comdev/ADV ANCE/coastaLcfm. Paper copies are also available from the Marin County Community Development Agency front reception desk in room 308 at the Marin County Civic Center. If you have any questions or concerns regarding the proposed project please contact me at (415) 499-6290 or kdrumm((i1co, marin, ca, us, ALEX HINDS Agency Director KRISTIN DRUMM Senior Planner ~~ K5J U ,.,. ~ rI ..... .-. -.=II Late agenda material can be inspected in the Community Development Agency between the hours of 8:00 a.m, and 4:00 p.m, The Community Development Agency is located in Room 308 Marin County Civic Center, 3501 Civic Center Drive, San RafaeL The Board of Supervisors Chambers is accessible to persons with disabilities. If you require American Sign Language interpreters, assistive listening devices, or other accommodations to participate in this meeting, you may request them by calling (415) 473-4381 (voicefITY) or 711 for the California Relay Service or e-mailing disabilitvaccess(iU,co,marin.ca,us at least four working days in advance of the event. Copies of documents are available in accessible formats upon written request. 350 I CiVIC CfNTl;R DRIVf. ROOM 308 - SAN RAI=AJ;L. CA 94903-4157 - 415-499-6'269 - 1=AX 415-499-7880 (, '~ (;. \) i't' 1400 K STREET SACRAMENTO, CA 958~4 PH: (916) 658-8200 FX: (916) 658-8240 DIGEST '~~ LEAGUE ~ OF CALIFORNIA CITIES W\Xf\\',CACITIES,ORG October 6, 2008 RECEIVED OCT 1 02008 TOWN MANAGERS OFFICE TOWN OF TIBURON To: Mayors, City Managers and Clerks in Non-Manager Cities, League Board of Directors Re: 2008 Annual Conference Resolutions Final Report Attached is the Final Report on Resolutions from our 110th Annual Conference held on September 24-27 in Long Beach. Included is the 2007 Annual Conference Resolutions Implementation Report. Thisreport is also available on the League's website at www.cacities.org/resoltutions. Please feel free to make additional copies for distribution. 'I. League of California Cities FIN AL RESOLUTIONS REPORT Sailing into the Future le"fle of C,WDrntl cm~5 A~iTD,'Co!J'ere(f'e General Assembly 110th Annual Conference Long Beach September 27, 2008 KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note that two resolutions were assigned to more than one committee. These resolutions are noted by this sign (+ ). Number I I Key Word Index Reviewing Body Action I 1 I 2 I 3 I 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 123 1 I League Bylaws Amendments Aa A Aa COMMUNITY SERVICES POLICY COMMITTEE 123 II .2 12-1-1 California Telephone Service Ra ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 3 Extension of Federal Section 45 Production Tax Credit Aa A A +4 Comprehensive Statewide Water Infrastructure Plan Aa - - HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3 Comprehensive Statewide Water Infrastructure Plan R R R PUBLIC SAFETY POLICY COMMITTEE 1 '+2 12-1-1 California Telephone Service A 2 A 3 A NOTE - NO RESOLUTIONS WERE ASSIGNED TO THESE POLICY COMMITTEES: Employee Relations; Revenue and Taxation; and Transportation, Communication & Public Works RESOLUTION INITIATED BY PETITION 5 I Sober Living Homes Gen eral Resolutions Committee Recommendation I A I General Assembly Action A 2 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy co~mittees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A Approve 2. General Resolutions Committee D Disapprove 3. General Assembly N No Action ACTION FOOTNOTES R Refer to appropriate policy committee for study a Amend+ * Subject matter covered in another resolution Aa Approve as amended+ ** Existing League policy Aaa Approve with additional amendment(s) * * * Local authority presently exists Ra Amend and refer as amended to appropriate policy committee for study+ Raa Additional ~mendments and refer+ Da Amend (for clarity or brevity) and Disapprove+':, Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor +Note: Petitioned Resolutions may not be amended by the General Resolutions Committee. Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee. ~ Every resolution initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the bases for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. 3 APPROVED 2008 ANNUAL CONFERENCE RESOLUTIONS 1. RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS Source: League Board of Directors Referred to: Administrative Services Policy Committee WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, League staff and the Board's Executive Committee have identified various technical amendments and additions to the bylaws that: a) clarify how each city's population is determined for purposes of assessing dues and determining eligibility for Board seats, b) clarify the grounds for finding a directorship that has become vacant, c) clarify the effective date of a vacancy from League office, and d) make various minor technical amendments; and WHEREAS, the League's Board offers amendments and additions to the following sections of the bylaws for the membership's consideration: 1. Article IV, Section 1: Establishment of Dues 2. Article VII, Sections 2 (g) and (h): Composition of Board of Directors 3. Article VII, Section 3(a)(ii): Board of Directors Terms 4. Article VII, new subsection 6(f): Grounds for Vacancy in Directorship 5. Article X, Section l(a): Listing of Existing Departments 6. Article XII, Section 2(b): Effective Date of Vacancy from League Office; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled in Annual Conference in Long Beach, September 27,2008, that the League make the technical additions and amendments to the League's bylaws by amending the above-referenced sections of the League bylaws, as indicated on Attachment A. [Please see ATTACHMENT A for text of amended bylaws.] IIIIIIIII 4 ATTACHMENT A Amendments to League Bylaws Approved by Resolution 1 Changes indicated by bold strikeeut and underlinine. Article IV: Dues Section 1: Establishment. The League Board establishes the League's dues annually according to city population. The population of each city is the most current population used hy the State C9Rtroller iR maldRg the mest reeeRt alleeatioR 9f suhveRtioRs to eities as determined by the California Department of Finance~ Demo!!raphic Research Vnit~ or its successor a!!ency or unit. If no successor a!!ency or unit is named~ the most current population used to determine dues shall be used to determine future dues until such time as these bylaws are amended to desi!!nate a new source for determinin!! city population. V9aR the reeemmeRdatioR 9f the Exeeutive DireeteF~ the Lea~ue Beard may R99Feye aR alterRatiw;e method faF determiRiR~ eitv 909ulatioR thaR is set farth iR this SeetioR. ********************* Article VII: Board of Directors Section 2: Composition. The League's Board is composed of the following: (a) A President, First Vice-President and Second Vice-President/Treasurer, who each serve a term of one year; I (b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President; (c) Ten Directors-at-Large,2 (i) Who serve staggered two-year terms, and (ii) At least one of whom is a representative of a small city with a population of 10,000 or less. (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; (e) Members of the National League of Cities Board of Directors who hold an office in a Member City; and (t) Eight Directors wIHeh that may be designated by the mayors of each of the eight largest cities in California to serve two-year terms. , See Article VIII ~3 for information about officer elections. 2 See Article VII, ~~ 4 and 5 for information about Director-at-Large elections. See also Article VII, ~ 6(c) relating vacancies of at-large directorships. 5 (g) For purposes of this section. the population of each citv is the most current population as determined bv the California Department of Finance. Demo2:raphic Research Unit. or its successor a2:enCV or unit. If no successor a2:encv or unit is named. the most current population used to determine dues shall be used to determine future dues until such time as these bvlaws are amended to desi2:nate a new source for determinin2: citv population. Upon the reeemmendation ef the Exeeutive Direeter. the Leat!ue Beard ma"{ aBpreve an alternath'e methed fer determinint! eitv pepulatien than is set ferth in this Seetien. Fer purpeses ef this seetion. eit..; pepulatiens will be the pepulatien fit!ures used b"; the State Controller in makint! the mest reeent alleeatien of subventiens ef eities. (h) Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Section 3: Staggered Terms. The terms of the Directors are staggered, so that the terms of approximately one-half of the members of the League Board expire each year. (a) Even-Numbered Year Terms. The following directorship terms expire in even-numbered years: (i) Departments. Directors from the Fiscal Officers, Public Works Officers, Mayors and Council Members, Planning and Community Development, Fire Chiefs, and City Clerks departments; (ii) Divisions. Directors from the Central Valley, Desert-Mountain, Imperial County, Monterey Bay, North Bay, Orange County, Redwood Empire, Sacramento Valley and San Diego County divisions; and (iii) At Large. Directors from five of the ten at-large directorships. (b) Odd-Numbered Year Terms. The following directorship terms expire in odd-numbered years: (i) Departments. Directors from the City Attorneys, City Managers, Police Chiefs, Recreation, Parks and Community Services, and Personnel and Employee Relations departments; (ii) Divisions. Directors from the Channel Counties, Inland Empire, Desert 1\leuntain, East Bay, Los Angeles County, Peninsula, Riverside County and South San Joaquin Valley divisions; and (iii) At Large. Directors from five of the ten at-large directorships. Section 4: Election of Directors. (a) Functional Department Directors. Unless their respective functional department bylaws provide otherwise, Departmental Directors are elected by their respective departments at the Annual Conference. 6 (b) Regional Division Directors. Unless their respective regional division bylaws provide otherwise, Regional Directors are elected at the regional division meeting immediately preceding the Annual Conference. (c) At-Large Directors. Directors-at-Large are elected by the League Board at its organization meeting. (d) Commencement of Terms. The term of office of all newly elected Directors commences immediately on the adjournment of the Annual Conference; however, the newly constituted League Board may meet prior to the adjournment of the Annual Conference for the purpose of organization. ( e) Additional Directors. In the event of the creation of additional regional divisions or functional departments of the League, each regional division or functional department may elect a representative to the League Board. When a new functional department or regional division is created at any Annual Conference, the League Board may select a Director to 'represent such functional department or regional division until the entity organizes and elects a Director in the regular manner. The League Board may fix the initial term of any such Director from a new regional division or functional department at either one or two years, so as to 'keep the number of terms expiring on alternate years as nearly equal as possible. ********************** Section 6: Vacancies.3 (a) Functional Departmental Directorships. In the event of a vacancy in a functional departmental directorship, the president of the department may become a member of the League Board or may appoint a member of his or her department to fill the vacancy. (b) Regional Division Directorships. If a vacancy occurs in the regional division directorship, the regional division in question may elect a new Director at the next regular meeting of the regional division. (c) At-Large Directorships. If a vacancy occurs in an at-large directorship, the League Board may elect a new Director to fill the vacancy at the next regular board meeting. The League president may nominate individuals for consideration by the League Board. (d) Large City Directorships. In the event of a vacancy in a large-city seat, that large city may designate a new representative. (e) Terms. The person elected or appointed to fill a vacancy holds office for the remainder of the tenp of the office in question (see Article VII, section 3). (1) Grounds for Vacancy. A vacancy in a directorship shall occur due to resi1!nation. a vacancy in elective or appointed office held bv the director. or if the Lea1!ue Board determines the department or division that elected the director. or an appointed director. is not complvin1! with these bvlaws or the policies of the Lea1!ue Board. ************************* 3 Note that League Board officer vacancies are filled as provided in Article VIII. section 4, 7 Article X: Functional Departments Section 1: Listing. (a) Existing Departments. The League includes the following functional departments: Mayors and Council Members City Attorneys Fiscal Officers Public Works Officers City Managers Planning and Community Development Police Chiefs Fire Chiefs Reereation, Parl{S and Communi!)' Sen'iees Community Services City Clerks Personnel and Employee Relations (b) New Departments. Additional functional departments may be formed through an amendment to these bylaws (Article XVI). *********************** Article XII: Qualifications to Hold Office and Vacancies Section 2: Vacancies. (a) Vacancy Defined. A League office becomes vacant when an individual resigns, misses three consecutive convened meetings or leaves city service.4 (b) Effective Date of Vacancy Caused by Leaving City Service. The effective date of a vacancy caused by a departure from city service is three months (92 days) after the date an individual ceases to occupy the same or comparable city office as the individual had when the individual was elected or appointed to League office. Upon written request of the individual~ the Lea!!ue Board may allow the individual to continue in the Lea!!ue office for a period not to exceed 3 months from the effective date of the vacancv~ which time period may be extended bv the Board upon a findin!! of !!ood cause. (c) Effective Date of Resignations. For the effective dates of resignations, see Article VII, section 7 (effective date of League Board resignations), Article IX, section 8 (effective date of regional division officer resignations), and Article X, section 2(t) (effective date of department officer resignations). (d) Filling Vacancies. Vacancies will be filled as provided in these bylaws, see Article VII, section 6 (filling League Board vacancies), Article IX, section 7(d) (filling regional division officer vacancies), and Article X, section 2(d) (filling functional department officer vacancies). (e) Successor Terms. An individual filling a vacancy serves the unexpired term of his or her predecessor. ////1///// 4 See also Cal. Corp, Code 37221 (board may declare a director's seat vacant if a court declares the director of unsound mind or the director has been convicted of a felony). 8 +2. RESOLUTION RELATING TO THE 2-1-1 CALIFORNIA TELEPHONE SERVICE Source: Public Safety Policy Committee Referred to: Community Services Policy Committee and Public Safety Policy Committee WHEREAS, every hour of every day, someone in California seeks essential human and community services from the more than 1.5 million non-profit organizations in the United States, whether it is to find an after-school program, secure adequate care for a child or an aging parent, or connect with financial management or job training services; and WHEREAS, with numerous agencies and help-lines, Californians may not lrnow where to turn for assistance and could go without necessary services because they are unable to find help; and WHEREAS, in times of disaster, demand increases dramatically for the most up-to-the-minute information on road closures, evacuations, shelters, and recovery resources, creating an additional burden on emergency response personnel and 9-1-1 telephone systems; and WHEREAS, an alternate public information resource for non-emergency, human and community services needs would reduce the number of inappropriate calls to 9-1-1, alleviating demand on emergency response agencies; and WHEREAS, the 2-1-1 California telephone service provides an easy to remember telephone number with free access to information 24 hours a day, 7 days a week, in ,over 100 languages, and connects people with important human and community services including rent assistance, food banks, affordable housing, health resources, child and elderly care, financial literacy and job training programs; and WHEREAS, the 2-1-1 California telephone service facilitates the availability of a single repository where comprehensive information is collected, maintained, and updated regularly, reducing costs and duplication of efforts; and WHEREAS, the reliable, consistent information provided through the 2-1-1 California telephone service helps to better assess the needs of California's communities and to immediately mobilize resources toward those needs; now, therefore, be it RESOL VED, by the General Assembly of the League of California Cities assembled at the Annual Conference in Long Beach, September 27, 2008, that the League supports the 2-1-1 California telephone service as a non-emergency, human and community services and disaster information resource; and, be it further RESOLVED, that the League of California Cities will collaborate with state and regional partners to continue the promotion of the 2-1-1 California telephone service throughout California. IIIIIIIIII 9' 3. RESOLUTION IN SUPPORT OF EXTENSION OF THE FEDERAL SECTION 45 PRODUCTION TAX CREDIT Source: City of Fort Bragg Referred to: Environmental Quality Policy Committee WHEREAS, the State of California Renewable Portfolio Standard (RPS) law mandates that electric power generation goals for investor owned utility companies are 20% by 2010 from renewable sources; and, WHEREAS, biomass power plants create electric power from renewable sources like forestry practices, timber product manufacturing, agricultural trimmings and urban wood waste; and, WHEREAS, the federal Section 45 Production Tax Credit is due to expire on December 31, 2008, unless extended by Congress and the President, and this federal tax measure is essential to attracting capital to develop renewable energy technologies, including biomass power plants; now, therefore, be it RESOL VED, by the General Assembly of the League of California Cities, assembled in Annual Conference in Long Beach, September 27,2008, that the California Congressional Members and the President of the United States are urged to extend the federal Section 45 Production Tax Credit, as it has done five times in past years, beyond December 31, 2008; and, be it further RESOL VED, that a copy of this resolution be provided to the President of the United States, to U.S. Senators Boxer and Feinstein and to each Member of Congress from the State of California. //1/////// PETITIONED RESOLUTION 5. RESOLUTION RELATING TO SOBER LIVING HOMES Source: City of Burbank WHEREAS, state and federal law protects certain individuals recovering from problems related to alcohol to obtain needed access to residential settings that provide sober living facilities. California provides a formal program administered, highly regulated and licensed by the California Department of Alcohol and Drug Programs, "graduating" successful individuals to a more independent sober living environment, to live in a supportive environment at a sober living facility, which is neither licensed nor regulated by the state; and WHEREAS, state and federal legislation and regulations have essentially eliminated the ability of California cities to provide reasonable regulation of sober living facilities with very little if any provision for state or federal regulation; and WHEREAS, the inability of California cities to provide reasonable regulations of this use has led to unintended and significant negative impacts in many areas of the state and created the potential for these negative impacts in virtually every community in California. This lack of regulation has resulted in the degradation of the quality of life in residential areas and in the sober living facility as well; and 10 WHEREAS, the absence of regulating this use has led to overconcentration in some areas, which undermines the goals and protections afforded to any disabled individual by state and federal laws. This overconcentration results in segregating the facilities and, in turn, the individuals, pre~luding their exposure to an ordinary residential environment. At the same time, this unintended segregation is a de facto rezoning, without providing any due process or public input. Power to impose spacing restrictions between "sober living" homes could prevent this inappropriate segregation and de facto rezoning; and WHEREAS, the inability to regulate this use encourages unscrupulous operators, who harm the individuals protected by the state and federal laws, and harm all other lawful businesses who are not allowed to conduct unfair business practices. The operators, many times, solely desire to maximize profits and fail to adequately screen occupants, oftentimes housing people who may not really qualify as protected individuals recovering from problems related to alcohol, with those who do qualify. Given that California currently has the highest foreclosure rate amongst the nation's top 100 largest metro areas according to RealtyTrac, cities anticipate an influx of sober living facilities moving into those otherwise unwanted homes, at very depressed prices. By adding checks and balances through city licenses and other regulations on the operator, fraud and other abusive activities could be prevented. Until then, important goals of the federal and state laws are being undermined, and unlawful business practices are being sanctioned; and WHEREAS, the issues presented by the inability to regulate sober living homes are of statewide concern and are best suited by a statewide approach to a solution and, until then, various cities are embarking on attempts to address this issue locally, facing litigation or serious risks of litigation; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities assembled at Annual Conference in Long Beach, September 27, 2008, that the League will pursue an aggressive and comprehensive program to restore the ability of California cities to reasonably regulate sober living homes; and be it further RESOLVED, that this program shall include, but not be limited to, seeking changes in state and federal legislation, providing a clear definition of what constitutes a sober living home and the preparation of model ordinances concerning the regulation of such uses. ####II- 11 rJl Z o ~ ~ ;:J ~ o rJl ~~ ~~ wO z=-- ~~ ~~ ~z ~O ZI-( O~ w< ~~ <Z ;J~ Z~ z~. <=: r-~ 01-( o M Q ~ ;;> o ~ =-- =-- < ~ = ..... ~ ..... 7Jl = ~ ~ -< "0 Q) ... :; i ~ = ~ = o ~ Q) ~ C- O ~ ..... 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I:'\j >< I:'\j E-- ""d C I:'\j 0) ~ c 0) ;> 0) ~ ~ .~ '"@ ~ CI - I:'\j ...... c 0) ~ o ~ .~ c ~ U) c .9 ..... ~ d) ~ 0) 0) >. o --a s ~ tI:l 0) 0) ...... .~ o U tJ'.l >.~ .~ b o~ 0..(.)- ~:..:= 0)..0 ..c1 ~ ......~ BCd ""d C ~ .9 ODca 'm U ~ '2 0) ~ ~ E Q) E ~ 0 ~u .9 $:f ..... 0 ~ ...... - ..... o C\l tI:l 1:: ~8. o tJ'.l Z ~ ~I~ z ~ '< D1G~Srif ~ WESTERN TRAFFIC SERVICES, 82 RODEO AVENUE, SAUSAUTO, CA 94965, TELEPHONE: (415) 332-2766 EMAlL: RSGREITZ@cOMCAST.NET October 9, 2008 Calendar Clerk, Docket Office CAL PUBLIC UTILITIES COMMISSION 50S Van Ness Avenue San Francisco, CA 94102 RECEIVED OCT 1 4 2008 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Sir or Madame: Pursuant to General Order 158 of the California Public Utilities Code we are enclosing the Original and eight (8) copies of an Application filed on behalf of Marin Ai~orter, PSC No. 9901 whereby we respectfully request authority to establish a new Rate Basis and expand a Zone of Rate Preedom, (ZORF), under authority contained in Section 453.2 of the California Public Utilities Code and depart from Section 491 of said code on behalf of the Applicant, Marin Airporter, PSC No. 990 Additionally, we h.ve submitted herewith an extra copy of the aforementioned Applioation for you to mark with the Application number and date of filing which we serve as an acknowledgement of receipt of the Application, and return to the writer we have also included a stamped self address envelope to be used for this purpose. Yours Truly, Robert S. Greitz, Western Traffic Services On behalf of Marin Airporter CC: Marin Airporter Service List Arp! lCCL-h~ a.+ T CJ\m\ tf-oJ1 fr'O)t-l- J)eS~