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HomeMy WebLinkAboutTC Digest 2009-03-13ovip, TOWN COUNCIL WEEKLY DIGEST Week of March 9 -13, 2009 Tiburon 1. Memo - Laurie Tyler - Marin Climate & Energy Partnership Exec. Summary 2. Memo - Marin Energy Auth. -Promote, Develop & Manage Energy Programs 3. Supreme Court of Calif. - Oral Argument Calendar - L.A. Session - 4/6-4/8/09 4. Email - Tiburon Film Festival - Invitation with Discount & Outline of Event Agendas & Minutes 5. Minutes - Planning Commission - January 28, 2009 6. Action Minutes - Planning Commission - March 11, 2009 7. Meeting Cancellation - Design Review Board - March 19, 2009 Regional a) Invitation - Information Open House - Hwy 101 Corridor Improve. Project b) Invitation - Information Open House - Hwy 101 Corridor-See Item a)above c) 2009 Marin County Report to the Community d) Invitation - Redwood High School 50th Anniversary - April 23 - 26, 2009 e) Public CEO Newsletter and Discount Subscription Form f) Invitation - Information Open House on Doyle Drive Project g) Invitation - MCL Quarterly Business/Environment Breakfast - 3/25/09 Ap-endas & Minutes h) Agenda - ABAG Executive Board Meeting - March 19, 2009 i) Agenda - ABAG General Assembly Business Meeting - April 23, 2009 * Council Only • TOWN OF TIBURON 6 yt 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: March 10, 2009 To: Peggy Curran, Town Manager From: Laurie Tyler, Associate Planner Subject: Marin Climate and Energy Partnership (MCEP) Executive Summary Attached is the final version of the MCEP Executive Summary. This document provides the partnership's mission statement, background and history, committee information and participation, resources and staffing, and the administrative and fiscal structure of the group. Tiburon's participation in MCEP over the past year has been productive. We are close to completing a greenhouse gas emissions inventory for the Town that focuses on both the municipal and'community level. In addition, staff is working towards a draft Climate Action Plan to take to Council for review by the fall of 2009. Our participation in MCEP will continue to be valuable throughout the coming year. The Climate Action Director is currently applying for grants to sustain his position and to advance the work that has yet to be completed for the group. Marin Climate & Energy Partnership Executive Summary A. Mission of the Marin Climate & Energy Partnership: The mission of the Marin Climate & Energy Partnership (MCEP) is to reduce greenhouse gas (GHG) emission levels to the targets of Marin County and local municipalities, while also meeting the criteria air pollutant reduction goals of the Bay Area Air Quality Management District in compliance with the standards set by AB32. B. MCEP Partner Members: Partner Members are each of the eleven Marin cities and towns, the Marin County Community Development Agency, the Marin Municipal Water District (MMWD), and the Transportation Authority of Marin (TAM). Partner Member cities and towns include Belvedere, Corte Madera, Fairfax, Larkspur, Novato, Mill Valley, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon. C. MCEP Supporters: In addition to the Partner Members, MCEP has the benefit of support from the Marin Energy Management Team (a collaboration of Marin cities, school districts, & public agencies operating under the County of Marin) and ICLEI Local Governments for Sustainability. D. Steering Committee: The Steering Committee of MCEP will include one representative from each Partner Member and one representative from each MCEP Supporter. The Steering Committee will follow established MCEP policies regarding group process, funding, hiring and adoption of reports. E. Chair/Vice-Chair Positions: The Steering Committee will nominate one Partner Member representative to act as Chair of the Committee and a second Partner Member representative to act as Vice-Chair. Responsibilities of the Committee Chair include preparing meeting agendas and maintaining MCEP contact information. Responsibilities of the Committee Vice-Chair include taking meeting minutes. Chair and Vice Chair positions will be limited to one-year renewable terms. F. Partnership Background/History: Planning for the MCEP development process was initiated in early 2007 under the auspices of Joint Venture Marin. In March of 2007, leaders from Joint Venture Marin, MMWD, and the County of Marin submitted a request for planning funds to the Marin Community Foundation (MCF), for the purpose of convening cities and public agency partners and initiating development of the Partnership. In August of 2007, MCF provided financial support for the planning process, with MMWD serving as fiscal agent for the planning period. In October of 2007, representatives of all I 1 Marin cities, the County, and MMWD agreed to jointly: ■ Develop the mission, work plan, and structure of the MCEP. ■ Apply for a $75,000 grant from the Bay Area Air Quality Management District (BAAQMD) for the purpose of hiring a Climate Action Director ■ Provide support in the amount of $2,000 from each member jurisdiction. ■ Work together with other member jurisdictions to identify the resources needed to sustain the Climate Action Director position in FY 2009-10 and FY 2010-11. In mid-2007, ICLEI - Local Governments for Sustainability, a nonprofit support organization which has worked with some Marin localities on greenhouse gas (GHG) inventories for the past several years, also secured resources from MCF for the purpose of completing baseline emissions inventories. This work is currently scheduled to be concluded in the fall of 2008. Activities for 2008-09: MCEP will undertake these activities, beginning in 2008-09: 1. Expand tested approaches to achieve regional reductions in greenhouse gas emissions: Measures will include accelerated development of green building ordinances, energy efficiency measures (already in motion via the Marin Energy Management Team), cleaner vehicle fleets, vehicle miles traveled (VMT) reduction initiatives (such as accelerated use of 511 Rideshare and enhanced Safe Routes to School), planning for accelerated Electric Vehicle (EV) and Plug-in Hybrid (PHEV) deployment, and other measures to be identified. 2. Institutionalize long-term climate protection through the planning process: MCEP will work to integrate GHG reduction into local General Plans as these are updated. The San Rafael and Belvedere Plan updates will be the focus of work in 2008-09. 3. Accelerate deployment of "climate friendly" goods and services: MCEP will expand use of green-certified building products, reuse and recycling, and waste-reduction initiatives, and establish a Green Purchasing Collaborative to economize purchases. 4. Achieve economic & social co-benefits by establishing Marin as a center for GHG- reducing "green" technologies. MCEP will help to accelerate employment in the GreenTech sector and deployment of GHG-reducing technologies through partnerships developed with local enterprises, Joint Venture Marin, and other stakeholders. 5. Develop and disseminate innovative financing vehicles to ensure that promising GHG reduction strategies and technologies are rapidly deployed: MCEP will work closely with the Marin Energy Management Team and other stakeholders to identify viable models for long-term financing of GHG reducing activities and technologies. G. Resources and Staffing: MCEP has developed resources to support first year operations - including the work of a full-time Climate Action Director from the Bay Area Air Quality Management District (BAAQMD), and from Partner dues. Beginning in FY 2008-09, BAAQMD will provide $75,000 in support of the Climate Action Director position, and MCEP partners will provide an additional $26,000 toward the position and other operating costs. Partnership members will work with the Climate Action Director to develop a resource plan to extend the Climate Action position through at least FY 2010-11 (as indicated in the BAAQMD grant workplan), and to help fund GHG reduction initiatives. Potential funding sources include BAAQMD, state and federal sources, local philanthropy, and ongoing local jurisdiction support. H. Administrative/Fiscal Structure: To make efficient use of existing administrative structures, MCEP entered into an agreement (on November 17, 2007) for the Marin General Services Authority (MGSA) to act as fiscal agent for the Partnership. The MGSA is a Joint Powers Authority that consists of all of the incorporated cities and towns of Marin. Its seven-member Executive Board consists of the City Managers of Ross, Belvedere, San Rafael, and Novato, the Deputy County Administrator for Marin County, and the Directors of Public Works for Mill Valley and Larkspur. MGSA has responsibility for a variety of cross jurisdictional programs, including street lighting, taxi regulation, and broadband wireless. (See www.MarinGSA.org The responsibilities of Marin GSA are to provide fiscal and administrative oversight of MCEP contracts, in alignment with the MCEP workplan, goals, and mission. As such, the MGSA will enter into contract with the Climate Action Director recommended by the MCEP. The City of Novato, who was the initial applicant entity for the BAAQMD grant, will transfer authority for BAAQMD grant oversight to MGSA upon contract execution. As future revenues are obtained for Partnership staffing by Partner cities and agencies, these will be administered by the Marin GSA. 1. Dues Structure: MCEP members agreed to an initial dues structure (for FY 2008-09) of $2,000 per year for each Partner Member. These funds (totaling $26,000) will be used to fund startup costs related to the partnership development and hiring process, the Climate Action Director position and project operating expenses. The dues structure will be reviewed in one year (February 2009) for consideration within upcoming fiscal budget timelines. At that time, MCEP members will determine if additional contributions are warranted to advance member goals. J. Participation: In March of 2008, the City Manager of Novato (Dan Keen), and the Executive Officer of the MGSA (Paul Berlant), acting on behalf of the Partnership as a whole, distributed a Letter of Participation to all I I City Managers, the County Administrator, and the MMWD and TAM executive officers, requesting designation of a lead representative to the Partnership, and affirmation of their agreement to the mission, goals, and dues structure of the organization. As of July, 2008, the following individuals have been designated as voting members or alternates on the Partnership Council. Marin Climate & En ergy Partner ship - Confirmed Members hip (as of October 0: Jurisdiction* Last First Title Contact Information Belvedere Wheaton Felicia Assistant Planner 450 San Rafael Ave. Belvedere, CA 94920 Corte.Madera Pendoley Bob Planning Director 300 Tamalpais Dr. Corte Madera, CA 94925 Fairfax Roberts Yvonne Management Analyst 142 Bolinas Rd. Rd. Fairfax, CA 94930 Larkspur Kaufman Nancy Planning Director 400 Magnolia Ave. Larkspur, CA 94939 Mill Valley Misseldine Carol Sustainability Coordinator 26 Corte Madera Ave. Mill Valley, CA 94941 Novato Robinson Kathy Management Analyst 75 Rowland Way Way Novato, CA 94945 Ross O'Rourke Christine Project Planner P.O. Bo 20 x ox 320 Ross, CA 94957 San Anselmo Stutsman Debra Town Administrator 525 San Anselmo Ave. San Anselmo, CA 94960 San Rafael Brown Bob Community Development 1400 Fifth Ave. Director San Rafael, CA 94915 Sausalito Graves Jeremy Community Development 420 Litho Street Director Sausalito, CA 94965 Tiburon Tyler Laurie Associate Planner 1505 Tiburon Blvd. Tiburon, CA 94920 Marin Tuckey Jamie Sustainability Team 3501 Civic Center Dr. County San Rafael, CA 94903 MMWD Helliker Paul General Manager 220 Nellen Ave. Corte Madera, CA 94925 TAM Steinhauser Diane Executive Director 750 Lindaro Street, Suite 200 Transportation San Rafael, CA 94901 Authority of Marin Non-Voting Participants Marin Energy Rosenfeld Tim Director tim@MarinEMT.org Mgmt Team 415 389-1348 Joint Venture Marin Schorske Richard Managing Director richards@dsnetwork.org 415 883-2581 ICLEI Look Wesley Program Officer wesley.look@iclei.org 510 844-0699 x. 322 Marin GSA Berlant Paul Executive Officer pvberlant@comcast.net (707) 217-8616 inaiviauais namea are acting as voting members on behalf of their jurisdictions, unless indicated otherwise. F` marin energy authority March 13, 2009 TO: Marin City & Town Councils FROM: Jamie Tuckey, MEA Planning Aide RE: Marin Energy Authority Dear City and Town Council Members: The Board of the newly established Marin Energy Authority (MEA), composed of nine elected representatives from the County, Belvedere, Fairfax, Mill Valley, Ross, San Anselmo, San Rafael, Sausalito, and Tiburon, convened its first official meeting on February 5, 2009 and will continue to meet on the first Thursday of each month at MCERA Headquarters located at 1 McInnis Parkway, San Rafael. The Board of Directors, chaired by Marin County Supervisor Charles McGlashan and vice chaired by Mill Valley Councilmember Shawn Marshall, will collectively study, promote, develop, and manage energy programs that will address climate change by decreasing energy-related greenhouse gas emissions. The first activity of the MEA Board is the consideration of a Community Choice Aggregation (CCA) program. Other programs that aid in complying with AB32, the California global warming solutions act, will also be considered as appropriate. In its initial start-up meetings, Committees of the Board including an Executive Committee and a Technical Advisory Committee were appointed to allow for focused discussion and review in key areas. The Board also adopted Operating Rules & Regulations and a Conflict of Interest Code. The Board of Directors approved a detailed budget for the authority which outlines the distribution of the $330,000 allocated to the MEA by the Marin County Board of Supervisors. For legal and technical assistance with Phase IV of CCA implementation, contracts with Richards, Watson, & Gershon, a legal consulting firm, and Navigant Consulting, a technical consulting firm, have been executed. The MEA has prepared a grant proposal for the Federal Department of Energy (DOE) to respond to the goals of the American Recovery and Reinvestment Bill of 2009. The proposal comprises renewable energy, energy efficiency, and job creation programs that are cost-effective, efficient, and further the goals of achieving 100% renewable energy delivery for Marin's 247,000 residents and 240 MW peak load. The proposal is being updated based on information gathered by staff while participating in meetings with DOE representatives on the east coast. At this stage, the MEA's primary focus is the development of a detailed Request for Bid (RFB) to engage in a competitive solicitation process to identify the energy supplier for a potential CCA program. Navigant Consulting is coordinating with the Board of Directors and legal counsel to ensure that the RFB appropriately addresses MEA's specific interests and concerns. Interim Director Weisz also interfaces with the Ad Hoc Technical Advisory Group, whose combined expertise in a wide array of disciplines will aide in successful development of the RFB. PG&E has not been interested in meeting with the MEA to discuss further partnership and has instead elected to meet with staff from Marin cities and towns. Interim Director Weisz has been involved with these meetings with PG&E, which began in January and continued in February and March. Three more meetings have been scheduled over the next two months to review any proposals, which would ultimately go to the MEA Board and to cities and towns and the County for input and discussion. A plan for continued interface with city and town councils is being drafted and will be discussed and further explored at future MEA Board meetings. All of the aforementioned documents, as well as meeting agendas, minutes, and audio recordings, are available at www. marinenergyauthority.orq. For more information, please contact MEA Planning Aide Jamie Tuckey at (415) 507- 2813 or ituckey0co.marin.ca.us. TOWN ATTORNEY'S OFFiC TOWN OF TIBURON UPREME COURT OF CALIFORNIA ORAL ARGUMENT -CALENDAR LOS ANGELES SESSION APRIL 6, 7, and 8, 2009 The following cases are placed upon the calendar of the Supreme Court for hearing at its courtroom in the Ronald Reagan State Office Building, 300 South Spring Street, Third Floor, North Tower, Los Angeles, California on April 6, 7, and 8, 2009. MONDAY, APRIL 6,2009-1:30 P.M. S154847 People v. Nguyen (Vince) S116882 People v. Burgener (Michael Ray) [Automatic Appeal] S050851 People v. Dykes (Ernest) [Automatic Appeal] TUESDAY, APRIL 7,2009-9:00 A.M. S149178 Miller et al. v. Bank of America NT & SA (Chin, J., not participating; Nares, J., assigned justice pro tempore) S155823 People v. Medina (Jose) et al. S024833 People v. Farley (Richard Wade) [Automatic Appeal] (Kennard, J., not participating; Nicholson, J., assigned justice pro tempore) 1:30 P.M. S150528 Smith v. Workers' Compensation Appeals Board, California Youth Authority et al. S157 , 197 Hughes v. Pair S099231 In re Bolden (Clifford Stanley) on Habeas Corpus WEDNESDAY, APRIL 8,2009-9:00 A.M. S155965 Arias v. Superior Court of San Joaquin County (Angelo Dairy et al., Real Parties in Interest) S151615 Amalgamated Transit Union v. Superior Court of Los Angeles County (First Transit, Inc., et al., Real Parties in Interest) S162156 In re S. B. et al.; Lassen Co. Dept. of Health and Human Services v. Sharyl S. 2:00 P.M. 5078664 People v. Avila (Joseph) [Automatic Appeal] S157793 Guzman et al. v. County of Monterey et al. S151370 Bonander et al. v. Town of Tiburon et al. GEORGE Chief Justice DIGEST #2 'Nfr 41 eft k 0~nC c/@nF If exhibits are to be transmitted to this court, counsel must apply to the court for permission. (See Cal. Rules of Court, rule 8.224(c).) Page 1 oft DIGEST G~ Peggy Curran From: Tiburon International Film Festival [info@tiburonfiImfestiva1.com] Sent: Sunday, March 08, 2009 10:18 PM To: info@TiburonFilmfestival.com Subject: Support Your Local Film Festival! Dear Tiburon-Belvedere Resident, The 8th Annual Tiburon International Film Festival [March 19-27] is upon us. Over the years, the festival has been able to bring the world culture to our Tiburon-Belvedere communities. This year is no exception. More than any time in its short life, the filmmakers from around the world will be attending the festival this year. hAp:/_.`www tiburonf lmfestival.cam/eventinfo lip?event _id=192 As the host of this event, the world stage is at your disposal. We would like you, the residents of this community, to welcome the filmmakers who travel as far as China, Russia, UK, Germany ...to our community to attend the festival. Tiburon International Film Festival (TIFF) is becoming a travel destination for many filmmakers, film lovers and travelers. Many programs are planned for this year, starting with the opening film from Czech Republic, called Guard No. 47 with its cast and crew in person. htp_//www.tibLironfilmfestival.com./eventlnfo.php?event_id=194 There is a big gala at the Corinthian Yacht Club following the movie with several entertainment programs and international cuisine, to fill the evening of fun for you. We will also host a tribute to two times Oscar winning director and cinematographer Haskell Wexler (Who's Afraid of Virginia Woolf?) with legendary George Lucas (Star Wars) to present our award to Mr. Wexler. There are many family, children, sport, documentary, fiction, comedies, musical films...from 90 countries to choose from. http.-,,!/-www-.ti-buronfi-Imfestival.com/,films.t)hr) Bring your family and friends and enjoy the festivities and support your local film festival, and greet the filmmakers and the guests to make them feel at home. Be a host to the world representatives. If you have extra time and would like to help with the festival operation, please join the great group of volunteers that make this event a reality. Call or stop by the office and join the fun! Most important thing is when there is a film with the filmmakers in person, to fill up the theater to make them feel good and welcomed. For the first time, again to give something back to the community, the admission price for all the Tiburon-Belvedere residents will be $7 instead of the general admission which is $10. Even though we know you don't need a discount, but this is another gift from us to you and the community. So, take advantage of this offer, and pick up a program guide and select your films. There is something for every age group, taste and desire. http:;`/www.tibUrontilmfestival.com/films.plip There will be a special event for a documentary called "The_ First, Last Race," which its director and 30 other racers will be riding from Malibu to Tiburon on the day of their screening on Saturday, March 21. 3/9/2009 Page 2 of 2 If you are a sports fan, or just would like to see these world class racers, don't miss this event. They will arrive around 1 pm and park in front of the festival office, before their film. The festival office at 1680 Tiburon Blvd. is open seven days a week from 10 am to 6 pm. We hope together with your support, we will make this event a bigger and more memorable for the attending filmmakers, and those who come to our community to enjoy what else there is that we offer. TIFF is also 501 (c) 3 non-profit organization. We look forward to seeing you at the Festival! Tiburon International Film Festival Phone: (415) 3 1.4123__ Fax: 415 388-4123 info* TiburonFilmFestival.coin www.'I'iburonl'ilmFestival.com 1680 Tiburon Boulevard, Tiburon, CA 94920 USA Please share this with your friends and family... 3/9/2009 D/G: PLANNING COMMISSION ~r M INUTES NO. 976 January 28, 2009 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair O'Donnell called the meeting to order at 7:30 p.m. Present: Chair O'Donnell, Vice-Chair Kunzweiler, Commissioners Fraser, Frymier, and Corcoran (arrived at 7:38 p.m.) Staff Present: Planning Manager Watrous and Minutes Clerk Levison ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Planning Manager Watrous reported that no appeal was filed on the denial of the Caprice Restaurant CUP. He also noted that there are currently no items scheduled for the February 11, 2009 Planning Commission meeting. MINUTES: 3. PLANNING COMMISSION MINUTES - Regular meeting of January 14, 2009. ACTION: It was M/S (Kunzweiler/Fraser) to approve the minutes of the January 14, 2009 meeting as written. Vote: 4-0. PUBLIC HEARING: 1. 700 TIBURON BOULEVARD: REVIEW OF CONDITIONAL USE PERMIT TO EXPAND A PRIVATE RECREATIONAL FACILITY (BELVEDERE TENNIS CLUB); FILE #10503; Belvedere Tennis Club, Owner; Assessor's Parcel No. 055- 201-36 Planning Manager Watrous presented the staff report, stating that in March 2006 the Planning Commission approved a conditional use permit for the expansion of the Belvedere Tennis Club (BTC). Condition of Approval No. 2 provides for review of the permit six months after completion of the clubhouse building to evaluate noise, parking and traffic issues. He stated that the BTC clubhouse building has now been completed for six months and the Town has received no complaints regarding noise, parking, or traffic associated with the club. He stated that Staff 509 TIBURON PLANNING COMMISSION MINUTES - JANUARY 28. 2009 MINUTES NO. 976 PAGE I finds the BTC to be in compliance with all conditions of approval and recommended that the Planning Commission take public testimony on the item and consider scheduling other periodic reviews of the permit. Commissioner Corcoran arrived at the meeting. Chair O'Donnell opened the public hearing. Quentin Hills, BTC President, concurred with the staff report. He stated that club has held a number of large social events during the last six months and that they have been very sensitive to the neighbors' concerns about noise and traffic. He stated that everything is functioning well at this time. Mr. Hills noted that the BTC has initiated a voluntary membership cap of 220 to retain its current level of use and small club atmosphere. Commission Frymier clarified with Mr. Hills that the membership numbers relate to the number of families and that the club currently has 217 members. John Hermansky stated that he lives directly across from the BTC and as a neighbor he appreciates the club's efforts to trim their eucalyptus trees and maintain neighbors' views. He cited several minor issues with lights at BTC that he was able to resolve this directly with the club. He stated his concern with the number of drivers turning left onto Tiburon Boulevard as they exit the club with a limited view and he suggested the use of caution signs. Alex. Mast stated that he lives adjacent to the club and commended BTC for the noticeable reduction in noise and for working with neighbors. Mr. Mast said that he hopes to continue dialogue with the club regarding landscaping along the sound wall and trimming trees to preserve views. Mr. Hills stated that the club has observed the traffic flow in and out of the club and currently has no cause for concern over the safety of left-hand exiting turns because of the larger driveway and better visibility than before. He noted that the club had held a number of heavily attended events without any problems with the driveway. Chair O'Donnell closed the public hearing. Commissioner Frymier thanked Mr. Hermansky and Mr. Mast for sharing their positive views. She said the use permit was working well and she supported an annual review of the permit in the future. Vice-Chair Kunzweiler echoed Commissioner Frymier's comments. He asked if the left-hand turn issue would be the responsibility of the Police Department. Planning Manager Watrous explained that the Town Engineer, in coordination with the Police Department, would decide the placement of traffic signage. Vice-Chair Kunzweiler questioned and confirmed with Planning Manager Watrous that staff had not reviewed the intersection as it has not been brought up as a traffic issue. Commissioner Fraser suggested asking the Town Engineer to review the situation. Commissioner Corcoran echoed fellow Commissioner comments and agreed that an annual review was suitable. TIBURON PLANNING COMMISSION MINUTES - JANUARY 28. 2009 MINUTES NO. 976 PAGE 2 Chair O'Donnell concurred and commended the BTC for doing a marvelous job of reaching out to and working with its neighbors. ACTION: It was M/S (Kunzweiler/Corcoran) to conclude that the Belvedere Tennis Club is in substantial compliance with its conditional use permit and direct staff to schedule an additional review of the conditional use permit in approximately one year. Vote: 5-0. 2. 1600 MAR WEST STREET: REVIEW OF A CONDITION OF APPROVAL OF A CONDITIONAL USE PERMIT ALLOWING EXTENDED HOURS OF OPERATION OF OCCASIONAL SPECIAL EVENTS FOR THE TIBURON PENINSULA CLUB; FILE #10808; Southern Marin Recreation Center, Inc., Owner; Assessor's Parcel Nos. 058-171-17, 76 & 84, and 058-240-21 Chair O'Donnell explained that as members of the Tiburon Peninsula Club (TPC), he, along with Commissioners Frymier and Fraser, would normally recuse themselves. In order to maintain a quorum, a lottery determined that Councilmember Frymier would remain to hear and vote upon the matter. Chair O'Donnell and Councilmember Fraser recused themselves and left the meeting. Planning Manager Watrous summarized the staff report and reviewed last year's amendments to the use permit. He noted that the club requested and received approval for two special events in 2008 with amplified music and extending until 11 p.m. While the Town received no complaints regarding either of these two events, numerous complaints of excessive noise were received regarding the second day of the club's 60 anniversary celebration on Sunday afternoon, October 5, 2008, the day after the first special event, due to amplified music from an outdoors sound system that was audible hundreds of feet from TPC. Planning Manager Watrous stated that the hours for social events or amplified music at TPC were established to limit the disruption that events and music may have on the early morning and nighttime peace and quiet for neighboring residents but Staff believes that the Planning Commission never intended to allow outdoor amplified music that would be loud enough to be disruptive to residents far from the TPC property, even on weekend afternoons. Mr. Watrous stated that staff received a late mail item from TPC requesting to increase the number of outdoor events to eight per year, with all functions to be club or member sponsored events only. He suggested that the Planning Commission may want to consider this request and recommended that if it would like to make an amendment to the resolution, this item be continued to another hearing, as the crafting of amendment language may take some time. Vice-Chair Kunzweiler opened the public hearing. Peter Winkler, TPC President, reviewed the club's history, community involvement, and member enrollment. He stressed that the club is not an insular group and cited use agreements with the Fire District and Police Department as well as the club's list of public programs and establishment as an emergency gathering center. He stated that the club has held numerous evening events in its 60 years of operation. He said that the club's size and fee structure make it a preferred event location for its seven hundred members as well as the rest of the community. He said that they hoped to use the club for this year's Del Mar School graduation celebration. Mr. Winkler said that a substantial number of Tiburon residents support the goals and activities TIBURON PLANNING COMMISSION MINUTES - JANUARY 28, 2009 MINUTES NO. 976 PAGE 3 of the club and that the TPC is not oblivious to the needs of the relatively few who do not. He said that their request is a matter of balance and equity, recognizing that there are minimal impacts from the club events except for noise and club management is committed to finding suitable mitigation measures. He said he is unsure why neighborhood communication has been virtually nonexistent and assured the Planning Commission that opening a dialogue is a priority for the club. Mr. Winkler asked the Planning Commission to consider the following amendments to the current use permit: • All events would be limited to official club functions or member sponsored events; • Eight special events would be allowed per year lasting until 11 p.m., with any amplified music to end by 9 p.m.; • Elimination of the requirement to ask permission from the Town Manager for specific special events; • Operating hours for indoor events be extended to 11 p.m. Thursday through Saturday and 9 p.m. Sunday through Wednesday; • TPC would continue to notify all neighbors within 300 feet of any late hour events; • TPC would have a staff member equipped with a cell phone present at all events; • TPC would contact neighbors in advance of all events to address any concerns and would put up a sign asking guests to be courteous to the neighbors when leaving events. Commissioner Corcoran stated that Mr. Winkler made fine proposals but said that they skirt the real issue of noise from the one event. He asked if Mr. Winkler could agree to any more substantial conditions that would mitigate the noisy event activities that the Town had received complaints about. Mr. Winkler explained that following the events on October 5th, club staff was careful to ask that attendees of the club's casino night event be respectful of the neighbors as they were leaving. He said that amplified noise is very difficult to quantify and that in absence of that, he thinks the limits he has proposed would be suitable. Commissioner Frymier asked Mr. Winkler to address the October 5th event. Mr. Winkler characterized the event as a breakdown, adding that TPC failed to designate a staff member for dealing with neighborhood issues and whoever spoke with the Tiburon Police Department gave misinformation. He said that it is a relatively simple situation to rectify and that in the future, they will designate a responsible and informed staff member for neighbors to contact if the events get too loud. Vice-Chair Kunzweiler stated that he is unsure that the Planning Commission would entertain the idea of additional outdoor events with amplified music. He said that the Commission has talked about the sound conditions of the TPC property before and the issue now is how loud the music is going to be at these events and how to prevent the behavior that disturbed neighbors on October 5th Mr. Winkler referred to architect David Holscher for details on the site's acoustical issues. Mr. Holscher stated that it is very difficult to quantify noise, particularly given the topography of the TPC site. He said that the club's location means that sound will travel different distances and TIBURON PLANNING COMMISSION MINUTES - JANUARY 28. 2009 MINUTES NO. 976 PAGE 4 at different levels, and cannot be easily measured without trial and error. He suggested that the club maintain open communication with neighbors in order to know when the music is too loud. He noted that even then, specific circumstances may alter the sound enough to prevent staff from having any insight to its true impact. He reiterated that open communication will be vital to keeping everyone satisfied. Vice-Chair Kunzweiler asked if this would be monitored on an event by event basis, which would seem to be very subjective. Mr. Holscher explained that there is no easy solution and that most likely require the designated TPC staff member would need to react to any neighbor's complaints and adjust the sound levels accordingly. Commissioner Corcoran asked if the TPC would consider a requirement such as that noted in the staff report that would specify prohibited noise as sound that is plainly audible either at the property lines for a site or an easily measurable distance (such as 100 feet) from property lines. Mr. Holscher explained that because the club is set in a natural amphitheater, sound rises and neither of those requirements would fairly apply to the setting. Michael Parker stated that he lives in, owns, and manages several buildings above the TPC on Harbor Oak Drive. He distributed a letter signed by the residents of 40 Harbor Oak Drive that claims noise is a regular issue for them and disrupts their lives. He stated that amplified music, no matter what time of day, affects their quality of life. Mr. Parker explained that tenants are irritated by the lack of outreach from TPC and that increasing the number of special events from three to eight would undoubtedly result in vacated units and negatively affect property values. Commissioner Corcoran asked if the complaints were only in regards to special events and Mr. Parker said that there is a micro-climate of sound that makes it very noisy at different units above the site. He reiterated that sound is the primary issue and that some sort of ongoing communication with TPC could be helpful. Commissioner Frymier asked why the Planning Commission has not heard these complaints at previous TPC hearings. Mr. Parker explained that he began to hear the majority of these complaints when he recently took over management of the apartment building at 40 Harbor Oak Drive. Planning Manager Watrous stated that the Town had received complaints over various noise issues from properties above the TPC but that they tend to ebb and flow over time. He noted that at the time the Planning Commission reviewed the CUP, there were very few comments from neighbors regarding sound. Maureen Meikle said she lives on Harbor Oak Drive and has always supported the TPC, but that the noise was intolerable. She referred to the event held on October 5th and explained that she went down to the TPC to speak with someone about the noise and found that although the noise inside the clubhouse was not that loud, it was terrible outside. She said that TPC staff members were unclear on who was in charge and refused to come to her home to witness the noise. She said that she was not notified of that event and questioned why TPC needed to have amplified music outside. Debra Crosby stated that she lives on Harbor Oak Drive and is regularly awakened in the early mornings by the club's swim classes. She said that she appreciates the notification of special events as well as staffs care with the amplification but asked if anything can be done about the TIBURON PLANNING COMMISSION MINUTES - JANUARY 28. 2009 MINUTES NO. 976 PAGE 5 early morning swim classes. She noted that she went to the casino night and with the doors closed noise was not a problem. Mr. Winkler admitted that the club has failed to effectively communicate with neighbors in the past and that the music on October 5th was clearly too loud. He suggested extending their notification range beyond 300 feet and reiterated that communication is the key to avoiding excessive noise. He wanted to have more events like the ones when TPC acted responsibly and to make sure that the music does not get intolerably loud. He noted that the morning swim practices are not part of the condition of approval being discussed at this time, but it would be easy to ask the swim coach to use a lower voice during practices. Commissioner Corcoran asked if the club's swim events are under consideration this evening and Planning Manager Watrous said no, just the particular condition of approval that deals with special events. Mr. Holscher announced that members of the TPC Board of Directors had just held a discussion and decided not to allow any outdoor amplified music. Vice-Chair Kunzweiler closed the public hearing. Vice-Chair Kunzweiler said that he would like to see a formal proposal from TPC that includes their modified proposal, including any proposal to eliminate outdoor amplified music. Commissioner Corcoran thanked the TPC for their decision and generous offer, stating that it is most likely necessary to eliminate outdoor amplified music at the club. He said there seems to be a real backlash from neighbors over the events of the fall and he noted that this was a point of concern when the Planning Commission approved the CUP last year. He added that eliminating amplified music outdoors may not be enough, as any event with a lot of people outdoors can generate noise. He asked the TPC for a formal proposal that includes specific sound mitigation measures, perhaps similar to that used by the Belvedere Tennis Club. He felt that this was a step in the right direction, but more work needs to be done. Commissioner Frymier noted the club's location and doubted there were any possible sound mitigation measures that had not already been reviewed by the club's architects and the Planning Commission. She noted that the Belvedere Tennis Club has a much different location than TPC. She said that she does not feel anything can be done to mitigate noise other than to control behavior and eliminate outdoor amplified music. She thanked the TPC for the concession on outdoor amplified music and agreed with Vice-Chair Kunzweiler's request for a formal proposal. She said that she would like to see specific information in their proposal requiring a board member or specified club liaison with knowledge of TPC's history with the Town to attend all events to take any phone calls from neighbors. She said that she could support increasing the number of events, but felt that Town staff approval of the special events should be maintained. Vice-Chair Kunzweiler noted that when the Planning Commission decided that sound related to the core events of the club was permissible, the TPC assured them they would manage the situation effectively to avoid the issues before the Commission tonight. He noted that although ongoing operations, including swimming and tennis, have been part of the basic operation of the club for many years, TPC was supposed to address other new issues arising from the expansion TIBURON PLANNING COMMISSION MINUTES - JANUARY 28, 2009 MINUTES NO. 976 PAGE 6 of the TPC facilities, but unfortunately these have not worked our well. He asked TPC what they could propose that would mitigate the events of the past six months. He asked to see a far more detailed proposal on the requested events, including very specific information in terms of indoor and outdoor activities, sound, and what it would mean to eliminate outdoor amplified music. He wanted TPC to define what they would propose to address these issues. He said that communication with the neighbors is needed and should be addressed in the proposal. He said that the Commission would deal with the number of events once a modified proposal has been submitted. Commissioner Corcoran noted that there was no discussion on limiting the number of events held on days where there are other events in town. Vice-Chair Kunzweiler said that if the sound can be properly controlled, multiple events on any day should not be an issue. Planning Manager Watrous suggested continuing the hearing to the February 25th meeting. Vice-Chair Kunzweiler said he would be absent from the February 25th meeting and the Planning Commission would be without a quorum. The Planning Commission and TPC representatives agreed to reschedule the hearing for March 11, 2009. ACTION: It was M/S (Frymier/Corcoran) to continue the review of the conditional use permit to the March 11, 2009 meeting. Vote: 3-0-2 (O'Donnell and Fraser recused). ADJOURNMENT: The Planning Commission adjourned the meeting at 8:45 p.m. EMMETT O'DONNELL, CHAIRMAN ATTEST: DANIEL M. WATROUS, SECRETARY TIBURON PLANNING COMMISSION MINUTES - JANUARY 28, 2009 MINUTES NO. 976 PAGE 7 64 TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard March 11, 2009 - 7:30 PM Tiburon, CA 94920 ~r ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:30 PM Present : Vice Chairman Kunzweiler, Commissioner Corcoran, Commissioner Frymier Absent: Chairman O'Donnell, Commissioner Fraser, ORAL COMMUNICATIONS There Were None Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration 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 PUBLIC HEARING 1. 1600 MAR WEST STREET: REVIEW OF A CONDITION OF APPROVAL OF A CONDITIONAL USE PERMIT ALLOWING EXTENDED HOURS OF OPERATION OF OCCASIONAL SPECIAL EVENTS FOR THE TIBURON PENINSULA CLUB; FILE #10808; Southern Marin Recreation Center, Inc., Owner; Assessor's Parcel Nos. 058-171-17, 76 & 84, and 058-240-21 [DW] Continued from January 28, 2009 Approved 3-0 MINUTES 2. PLANNING COMMISSION MINUTES - Regular Meeting of January 28, 2009 Approved 3-0 Tiburon Planning Commission March 11, 2009 Page 1 Action Minutes ADJOURNMENT At 8:20 PM Tiburon Planning Commission March 11, 2009 Page 2 Action Minutes NOTICE OF MEETING CANCELLATION G~S THE REGULAR DESIGN REVIEW BOARD MEETING SCHEDULED FOR THURSDAY, MARCH 19, 2009 HAS BEEN CANCELLED. THE NEXT MEETING OF THE DESIGN REVIEW BOARD WILL BE THE REGULARLY SCHEDULED MEETING ON THURSDAY, APRIL 2, 2009 C(14 DAN WATROUS, SECRETARY DIGEST ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG EXECUTIVE BOARD MEETING NO. 366 Thursday, March 19, 20099 7:00 PM METROCENTER AUDITORIUM 1018 th Street (at Oak Street) Oakland, California AGENDA Ie For additional information, please call: Fred Castro, (510) 464 7913 Agenda and attachments available at: http://www.abag.ca.gov/meetings/ 1. CALL TO ORDER 2. PUBLIC COMMENT 3. ANNOUNCEMENTS 4. PRESIDENT'S REPORT 5. EXECUTIVE DIRECTOR'S REPORT" 6. CONSENT CALENDAR ACTION: Unless there is a request by a Board member to take up an item on the consent calendar separately, the calendar will be acted upon in one motion. A. Approval of Executive Board Summary Minutes" Summary Minutes of Meeting No. 365 held on January 15, 2009. B. Grant Applications" With Board consent, ABAG will transmit the attached list of federal grant applications to the State Clearinghouse. These applications were circulated in ABAG's "Intergovernmental Review Newsletter' since the last Executive Board meeting. C. Appointment to Committees Bay Area Council Economic Institute • Nominations to be announced. "Attachment Please Note- The Board may act on any an this agend-a. Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7985 info@abag.ca.gov . Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 March 19, 2009, ABAG Executive Board Agenda, Page 2 Legislation and Governmental Organization Committee • Mayor Pamela Torliatt, City of Petaluma. Finance and Personnel Committee • Mayor Sepi Richardson, City of Brisbane Regional Planning Committee • Supervisor Susan Bonilla, Contra Costa County_-(Replaces Supervisor Federal Glover, CCC) • Mayor Susan Gorin, City of Santa Rosa (Replaces Rohnert Park Mayor Jake Mackenzie San Francisco Bay Restoration Authority • Samuel Schuchat, Executive Officer, California Coastal Conservancy, Chair • Phil Ting, Assessor-Recorder, City and County of San Francisco, West Bay Seat • John Gioia, Supervisor, Contra Costa County, East Bay Seat • Charles McGlashan, Supervisor, Marin County, North Bay Seat • Rosanne Foust, Mayor, Redwood City, South Bay Seat • Dave Cortese, Supervisor, Santa Clara County, Bayside City/County Seat • John Sutter, Director East Bay Regional Park Dist., Bayside City/Park District Seat Delta Protection Commission • Mayor Jan Vick, City of Rio Vista (Replaces former Antioch Councilmember Arne Simonson) D. Financial Support to Bay Area Council Economic Institute (Formerly Bay Area Economic Forum Authorization is requested (Pending Finance and Personnel Committee Action) to approve FY 09-10 ABAG support to the Bay Area Council Economic Institute (BACEI, formerly known as the Bay Area Economic Institute) in the amount of $50,000. E. Approval of Resolutions and Ratification of Applications for State Revolving Funds" Approval of Resolutions Numbers 04-09, 05-09, and 06-09 and Ratification is requested for Applications for State Revolving Funds for CCMP Implementation Projects under the American Recovery and Reinvestment Act of 2009 and Authorization to Enter into Agreements, if awarded. F. Authorization to Enter into Sole Source Agreement with Mike McCoy, Co- Director, UC Davis Information Center for the Environment" Authorization is requested (Pending Finance and Personnel Committee recommendation) to enter into an agreement for an amount not to exceed $500,000 for computer software and training for the CalTrans. Production, Please Note: The Board may act on any item on this agenda. "Attachment included. March 19, 2009, ABAG Executive Board Agenda, Page 3 Exchange and Consumption Allocation System (PECAS) model funded from CalTrans grants. G. Authorization is requested to Purchase HP Multi-core Server** Authorization is requested to purchase, at a price of up to $25,000, an HP multi- core server required to run PECAS modeling software, which would be purchased under California's Western States Contracting Alliance contract. H. Authorization to Enter into Contracts for Graphic Design and Production of Projections 2009/FOCUS Publication** Authorization is requested to enter into contracts with Finger Design for Graphic Design and Production of Projections 2009/FOCUS Publication and for printing services pursuant to solicitation. Design services will not exceed $40,000 and printing services will not exceed $25,000. 1. Bylaw Amendment to Provide Flexibility in Scheduling Annual Meeting of General Assembly Authorization is requested (Pending Finance and Personnel Committee Action) to recommend to the General Assembly an amendment of the Bylaws to provide greater flexibility in setting date of the Annual Business Meeting of the General Assembly. 7. PROJECTIONS 2009 FORECAST** ACTION: Paul Fassinger, ABAG Research Director, will request Executive Board approval of Resolution No. 03-09 Adopting Projections 2009. 8. BAY AREA POLICIES FOR IMPLEMENTATION OF SB 375** Information: Ted Droettboom, Regional Planning Program Director, Joint Policy Committee, will brief the Board on draft policies to guide the implementation of SB 375. 9. SOLAR ENERGY EFFICIENCY PROGRAM** Information: Ezra Rapport, ABAG Deputy Executive Director, will report on the concept of a regional solar and energy efficiency financing program. 10. ADMINISTRATIVE COMMITTEE REPORT Information/ACTION: Committee Chair, President Rose Jacobs Gibson will report on the Administrative Retreat held February 26-27 and request approval of Committee recommendations. 11. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT** Information/ACTION: Committee Chair Carol Dillon Knutson, Councilmember, City of Novato, will report on Committee activities. Please Note: The Board may act on any item on this agenda. **Attachment included. March 19, 2009, ABAG Executive Board Agenda, Page 4 12. FINANCE & PERSONNEL COMMITTEE REPORT" Information/ACTION: Committee Chair Scott Haggerty, Supervisor, Alameda County, will report on Committee activities, including: A. Contract with Independent Auditor, Maze and Associates B. Financial Support to Bay Area Council Economic Institute C. Bylaw Change to Provide Flexibility in Scheduling Spring G.A. D. Sole Source Agreement with Mike McCoy for Consultant Services 13. CLOSED SESSION A. Labor Negotiations Patricia Jones, Assistant Executive Director and Brian Kirking, Director of Information Services will report on results of negotiations with SEIU Local 1021. B. Public Employee Performance Evaluation Title: Executive Director 14. ADJOURNMENT He y L. G dner, Secretary-Treasurer Please Note: The Board may act on any item on this agenda. **Attachment included. ABAG Meeting Schedule 2009 Executive Board Meetings January 15 March 19 May 21 July 16 September 17 November 19 START TIME 7:00 PM LOCATION Joseph P, Bort MetroCenter Auditorium 101 Eighth Street Oakland, California 94607 Across from the Lake Merritt BART Station Spring General Assembly April 23 Palace Hotel San Francisco Fall General Assembly October 22 Venue TBD Oakland 3/4/08 Schedule DIGEST ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG A G E N D A GENERAL ASSEMBLY BUSINESS MEETING 12:15 P.M., Thursday, April 23, 2009 Palace Hotel, San Francisco 2 New Montgomery Street San Francisco, California Status 1. 2. 3. 4. 5. 6. 7. 3. 69. Action Action Action Henry/-. Gard er, Secretary-Treasurer **Attachment included. Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7985 info@abag.ca.gov Location: Joseph P. Bort MetroCenter 101 Eighth Street Oakland, California 94607-4756 CALL TO ORDER CONFIRMATION OF QUORUM PUBLIC COMMENT APPROVAL OF SUMMARY MINUTES** April 24, 2008, General Assembly Business Meeting PRESIDENT'S REPORT PROPOSED ANNUAL BUDGET AND WORK PLAN** Fiscal Year 2009-2010 Including Member Dues PRPOSED BYLAW AMENDMENT Flexibility in scheduling the Spring General Assembly (Pending recommendation by Executive Board) ANNOUNCEMENTS ADJOURNMENT SUMMARY MINUTES ABAG Executive Board Meeting No. 365, January 15, 2009 MetroCenter Auditorium 101 8th Street, Oakland, CA 1. CALL TO ORDER President Rose Jacobs Gibson called the meeting to order at approximately 7;05 p.m. She announced that a revised agenda was distributed which adds Item 6.H. related to the San Francisco Estuary Project. Rearesentatives and Alternates Present Jurisdiction Supervisor Susan Adams County of Marin Mayor Len Augustine City of Vacaville Councilmember Jane Brunner City of Oakland Councilmember Kansen Chu City of San Jose Supervisor David Cortese County of Santa Clara Councilmember Dan Furtado City of Campbell Councilmember Richard Garbarino City of South San Francisco Mayor Jack Gingles City of Calistoga Supervisor John Gloia County of Contra Costa Mayor Mark Green City of Union City Supervisor Scott Haggerty County of Alameda Supervisor Rose Jacobs Gibson County of San Mateo Mayor Beverly Johnson City of Alameda Councilmember Ash Kalra City of San Jose Supervisor Mike Kerns County of Sonoma Supervisor Barbara Kondylis County of Solano Councilmember Sam Liccardo City of San Jose Supervisor Mark Luce County of Napa Education Advisor Hydra Mendoza County of San Francisco Supervisor Ross Mirkarimi County of San Francisco Mayor Julie Pierce City of Clayton Councilmember Joe Pirzynski City of Los Gatos Councilmember Jean Quan City of Oakland Supervisor Gail Steele County of Alameda Mayor Pamela Torliatt City of Petaluma Supervisor Gayle B. Uilkema County of Contra Costa Supervisor Ken Yeager County of Santa Clara Terry Young RWQCB Rearesentatives Absent Jurisdiction Councilmember Carole Dillon-Knutson City of Novato Director Nancy Kirshner Rodriguez City of San Francisco Councilmember Nancy Nadel City of Oakland Mayor Gavin Newsom City of San Francisco Mayor Pro Tem A. Sep! Richardson City of Brisbane 2. PUBLIC COMMENT There was no public comment. 3. ANNOUNCEMENTS President Jacobs Gibson welcomed Councilmembers Kansen Chu and Ash Kalra, City of San Jose, and Beverly Johnson, Mayor, City of Alameda, to the Board. She recognized Dave Cortese, Supervisor, County of Santa Clara, who remains on the Board as Immediate Past President. She also welcomed Julie Pierce, Mayor, City of Clayton, alternate from the cities in the County of Contra Costa, and Nancy Pyle, Councilmember, alternate from the City of San Jose. There were no other announcements. 4. PRESIDENT'S REPORT President Jacobs Gibson wished members a happy, healthy, and prosperous New Year. She reported on the following: The Spring General Assembly and Business Meeting will be held on April 23 in San Francisco at the Palace Hotel. The program will highlight climate protection issues and the implementation of SB 375 in the region. Staff is working with our regional agency partners, the Bay Area Air Quality Management District (BAAQMD), Metropolitan Transportation Commission (MTC), the San Francisco Bay Conservation and Development Commission (BCDC), and the Bay Area Council (BAC) about co- sponsorship of this conference. She encouraged members to ensure their delegates register and attend the General Assembly and Business Meeting. The Administrative Committee will hold its annual meeting February 26 and 27 to discuss.':the agency's work plan and set priorities for the 2009-2010 fiscal year. A report will be presented at the March meeting of the Executive Board. The Legislation and Governmental Organization Committee will host a Legislative Reception on January 28, 5:30 p.m. to 7:30 p.m., at Chops Steak House, Sacramento. She encouraged members to contact their local representative to attend. Executive Directoe Henry Gardner will report on the San Francisco Bay Restoration Authority (SFBRA). ABAG is charged with appointing the members of the Authority. Nominations are being accepted from interested elected officials. Staff is finalizing a Statement of Interest form - available on line and in offices of eligible county and city clerks - that will be used to manage the process and which are due February 13. Nominations will be announced and appointments made at the March meeting of the Executive Board. 5. EXECUTIVE DIRECTOR'S REPORT Executive Director Gardner reported on the following: The state's budget crisis continues. He noted the impacts of the state's budget crisis on counties and cities. In December the state notified ABAG and local governments that many contracts and grants were suspended and would remain suspended until there is a resolution to the budget crisis. He described ABAG's revenue sources and the possibility of making major adjustments to accommodate cash flow shortages. ABAG is hopeful that current funding for existing programs will remain in place since the source of these funds are restricted and are not normally available to the state for other purposes. There is no guarantee, however, that there will be no shifting of these funds to state programs and projects. 2 ABAG will be working closely with MTC, BAAQMD, and BCDC in developing strategies to comply with SB 375 and AB 32. This will require major staff and funding resources to ensure that ABAG's work is timely, comprehensive, and responsive to the charges and challenges of these legislation. ABAG has already committed to many of the goals and principles of this legislation, and has been working collaboratively with our regional partners to organize our collective efforts to produce the best results for the region. In order to be effective, ABAG need to establish clear, on-going communications with its members so that there is buy-in-and support for the ultimate policy initiatives that ABAG will rely on to meet its goals. ABAG continues its FOCUS Forum series in 2009 with monthly meetings, focused discussions, and guest speakers providing opportunities for elected officials and staff of member counties and cities to learn more about specific issues concerning the creation of complete communities near transit in urbanized areas. Ending its 2006-2008 program cycle, the ABAG Energy Watch completed more than 240 individual energy efficiency projects at 45 separate agencies. These projects represent approximately 18,300,000 kWh/year in electricity savings and 475,000 therms/year in natural gas savings. During the first quarter of 2009 the program hopes to complete an additional 70 projects that are currently underway and represent 7.8 million kWh/year of savings. Financings delivered by ABAG and its affiliated entities since the last report include: $34 million in Revenue Bonds for Point Loma University in San Diego County to construct and renovate educational facilities; and $28.21 million in Revenue Bonds for the Schools of Sacred Heart in San Francisco to refinance existing ABAG-issued debt. Executive Director Gardner introduced Ezra Rapport, ABAG's newly appointed Deputy Executive Director. Following the Executive Director's report, members announced the following: Jean Quan, Councilmember, City of Oakland, noted Mr. Rapport's work with the cities of Oakland and New Orleans. She announced the appointment of a new executive director with StopWaste.org, and an upcoming ABAG activity for buyers to reduce waste upstream and a campaign aimed at multi-family dwellings. Susan Adams, Supervisor, County of Marin, announced the formation of the Marin Joint Powers Authority on Clean Energy, and progress made on becoming a community choice aggregating county. President Jacobs Gibson thanked Executive Director Gardner for his report. 6. CONSENT CALENDAR President Jacobs Gibson recognized a motion by Barbara Kondylis, Supervisor, County of Solano, and seconded by Mike Kerns, Supervisor, County of Sonoma, to approve the consent calendar. The motion passed unanimously. A. Approval of Executive Board Summary Minutes" Summary Minutes of Meeting No. 364 held on November 20, 2008. B. Grant Applications A list of grant applications was approved for submission to the State 3 Clearinghouse, having been circulated in ABAG's "Intergovernmental Review Newsletter" since the last Executive Board meeting. C. Appointment to Committees Approved the appointment of Susan Adams, Supervisor, County of Marin, to the San Francisco Estuary Project Implementation Committee. D. Authorization to Amend Contract with California Coastal Conservancy for Bay Trail Block Grant** - Approved Resolution No. 01-09 authorizing amendment of a project block grant contract with the California Coastal Conservancy for individual Bay Trail grant projects. E. Authorization is Requested for Ratification of Contract Agreement with The Bay Institute for the Services of a Restoration- Consultant** Authorized ratification of contract agreement. The San Francisco Estuary Project has received a grant contract for 2009 from the US Environmental Protection Agency for implementation of the Comprehensive Conservation and Management Plan (CCMP) and funds for this contract are included in this grant contract. Under. terms of this agreement, SFEP/ABAG issued a request for qualifications for the Restoration Consultant. The one-year agreement will not exceed $55,000. F. Authorization to Enter into Contract Agreement with the California State Coastal Conservancy for Support of the 2009 State of the Estuary Conference** Approved Resolution No. 02-09 authorizing the ABAG to enter into a contract agreement with the California State Coastal Conservancy for support of the 2009 State of Estuary Conference which will be held in September. The agreement provides $100,000 in support of the conference. G. Authorization is Requested to Enter into Contract with Highest Qualified Candidate Responding td Request for Qualifications for Environmental Art and Poetry Contest Facilitator (Grades K-12) Authorized the Executive Director or designee to enter into a contract with the respondent selected in the RFQ review process. The contract amount will not exceed $42,000 and the term is January 15, 2009, to December 31, 2009. H. Authorization to Amend Contracts with the California Department of Boating and Waterways (DBW) and the Santa Monica Bay Restoration Foundation (SMBRF) Authorized the Executive Director or designee to amend the contracts with DBW and SMBRF by increasing the not to exceed amount to $1,844,667.10, an increase of $343,475.00. The time period of the contract will be extended to December 31, 2010. 7. PROJECTIONS 2009: PERFORMANCE OF LAND USE ALTERNATIVES** Information/ACTION: Paul Fassinger, Research Director, and Christy Riviere, Senior Planner, provided background on the development of Projections 2009, the addition of performance targets, and Projection 2009's relation to the MTC's Regional Transportation Plan; summarized local government feedback received on the two draft alternative development scenarios for Projections 2009; presented the newly developed third alternative, which incorporates all local government input; described four policy issues related to encouraging and limiting growth, employment location and design, incentives, and need to consider all strategies; and reviewed 4 next steps for Projections 2009. ABAG will conduct a workshop on February 9, 2009 to review and discuss the third Projections 2009 scenario. Final comments are due February 20, 2009, with the draft report presented to the Board at its March meeting. Members discussed bike riding as an alternate mode of transportation, sociological impacts, jobs/housing imbalances, infrastructure networks, house size, water resources, infrastructure, resource distribution, and social equity. President Jacobs Gibson thanked Mr. Fassinger and Ms. Riviere for their presentation. 8. SAN FRANCISCO BAY RESTORATION AUTHORITY Information/ACTION; Executive Director Gardner provided background on the legislation and development of the San Francisco Bay Restoration Authority; described its purpose, role, governing board and advisory committee structure; and discussed the appointment process and described criteria for appointments to the Governing Board. By legislation, appointments are to be made by March 31. President Jacobs Gibson described the nomination and appointment process, including submission of a Statement of Interest available from bay-side cities and counties clerk's offices and online. Councilmembers and supervisors from bay-side cities and counties and members of designated open space districts and parks will receive an email notice announcing the formation of the SFBRA Governing Board. Statements of Interest are due February 13, and nominations will be considered at the Executive Board meeting in March. Members discussed inclusion of the military, state and national parks, and the San Pablo Bay Watershed Project under the purview of the SFBRA, the relation of the SFBRA to the San Francisco Bay Conservation and Development Commission, and whether alternates to the Governing Board are to be appointed. President Jacobs Gibson thanked Mr. Gardner for his presentation. 9. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT** President Jacobs Gibson recognized Committee Vice Chair Mike Kerns, Supervisor, County of Sonoma, who announced his election as Vice Chair and that of Carole Dillon Knutson, Councilmember, City of Novato, as Chair. He reported on committee activities, including legislative priorities for 2009; bills for consideration in the 2009 legislative session; a report on the Legislative Reception on January 28 and the CALCOG Legislative Reception in Sacramento on February 11. He listed proposed priority legislative areas for the 2009 Legislative Session, including pursuing legislation addressing focused integrated planning and environmentally healthy communities; pursuing resources and incentives for planning, infrastructure, and services to assist local governments and related climate change and land use solutions; adding bills reflecting recommendations from the ABAG Youth Gun Violence Task Force and the Long Term Financial Disaster Recovery Planning Initiative; supporting finance legislation that includes balanced revenue streams and fiscal reform; continuing to work with the League of California Cities and the California State Association of Counties on structural budget reform; and monitoring unfunded state mandates of local programs and fiscal impacts on local governments. 5 He reported on recommendations on bills for consideration in the 2009 Legislative Session, including AB 18 (Knight), Local Government: City Councils (oppose); AB 46 (Blakeslee), Energy: Energy Conservation Assistance (watch); AB 55 (Jeffries), Water Supply Planning (watch); AB 68 (Brownley), Solid Waste: Single-use Carryout Bags (watch); AB 87 (Davis), Single-use Carryout Bags: Environmental Effects - Mitigation (watch); SB 12 (Simitian), Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement of 2009 (watch); and SB 31 (Pavley), California Global Warming Solutions Act of 2006: Revenue Allocations (watch). - President Jacobs Gibson recognized a motion by Vice Chair Kerns, and seconded by Jack Gingles, Mayor, City of Calistoga, to approve the committee report. The motion passed unanimously, Sam Liccardo, Councilmember, City of San Jose, requested that the Bay Area Council's proposed constitutional convention on February 24 be referred to committee for consideration. President Jacobs Gibson reported that members have indicated support for the Bay Area Council's proposed constitutional convention. President Jacobs Gibson thanked Vice Chair Kerns for his report 10. FINANCE & PERSONNEL COMMITTEE REPORT** President Jacobs Gibson recognized Committee Chair Scott Haggerty, Supervisor, County of Alameda, who announced his election as Chair. He reported on committee activities, including a follow up report on auditor's memorandum on internal control and actions to enhance the security of ABAG's computer system; review and approval of financial reports for November 2008; review and recommendation of proposed Work Program, Budget, and membership dues for Fiscal Year 2009-2010. Staff is committed to ensuring that the deficit reflected in the proposed budget is eliminated before being brought before the General Assembly for approval in April. The committee affirmed the previous decision to tie membership dues to Consumer Price Index, currently at 3.6%, and recommended the proposed Work Program and Budget show balanced revenues and expenditures before being presented at the General Assembly. The committee met in closed session with agency designated representatives regarding labor negotiations with SEIU Local 1021. President Jacobs Gibson recognized a motion by Chair Haggerty, and seconded by Supervisor Kondylis to approve the committee report, including the proposed Work Program and Budget and except for the membership dues. The motion passed unanimously. Members discussed membership dues and the proposed increase of 3.6%. President Jacobs Gibson recognized a motion by Chair Haggerty, and seconded by Mark Green, Mayor, City of Union City, to approve the committee recommendation to increase membership dues by 3.6%. The ayes were 24, and the nays were 3 (John Gioia, Supervisor, County of Contra Costa; Supervisor Kondylis, Mark Luce, Supervisor, County of Napa). The motion passed. President Jacobs Gibson thanked Chair Haggerty for his report 6 11. ADJOURNMENT Meeting adjourned at approximately 8:25 p.m. enr yGardner, Secretary-Treasurer Indicates attachments. For information on the L&GO Committee, contact Patricia Jones at (510) 464 7933 or PotJ@obag.co.gov, or Kathleen Cho at (510) 464 7922 or KathleenC@obog.co.gov. All ABAG Executive Board meetings are recorded. To arrange for review of these tapes, please contact Fred Castro, Clerk of the Board, at (510) 464-7913 or FredC@obog.co.gov. 11. ADJOURNMENT Meeting adjourned at approximately 8:25 p.m. Z, my L. ardner, Secretary-Treasurer Indicates attachments. For information on the L&GO Committee, contact Patricia Jones at (510) 464 7933 or PatJ@obag, ca. gov, or Kathleen Cho at (510) 464 7922 or KathleenC@obog.ca.gov. All ABAG Executive Board meetings are recorded. To arrange for review of these tapes, please contact Fred Castro, Clerk of the Board, at (510) 464-7913 or FredC@obo-ci.co.gov. 7 SUMMARY MINUTES 1. CALL TO ORDER ABAG General Assembly Business Meeting, April 24, 2008 Palace Hotel San Francisco, CA The meeting was called to order by President Rose Jacobs Gibson at 12:10 p.m. 2. CONFIRMATION OF QUORUM Ken Moy, Legal Counsel, and Fred Castro, Clerk of the Board, announced that quorum was present. County Delegates and Alternates Present Jurisdiction Supervisor John Gioia County of Contra Costa Supervisor Susan Adams County of Marin Supervisor Mark Luce County of Napa Supervisor Rose Jacobs Gibson County of San Mateo Supervisor Pete McHugh County of Santa Clara Supervisor Barbara Kondylis County of Solano Supervisor Mark Kerns County of Sonoma City/Town Delegates and Alternates Present Jurisdiction Councilmember Marie Gilmore Councilmember Farid Javandel Councilmember Don Callison Mayor Pro Tern James Davis Councilmember Laurie Capitelli Mayor Michael Barnes Councilmember Cathy Baylock Mayor Jack Gingles Councilmember Julie Pierce Councilmember Carol Russell Councilmember Helen Allen Councilmember Janet Orchard Councilmember Gilbert Wong Councilmember Jack Batchelor, Jr. Mayor Janet Lockhart Councilmember Janet Abelson Mayor Pam Frisella Councilmember Anu Natarajan Councilmember Peter Arellano Mayor Joanne Ward Mayor Catherine Mullooly Vice Mayor Donald Tatzin Councilmember Larry Chu Councilmember David Casas City of Alameda City of Albany City of American Canyon City of Antioch City of Berkeley City of Brisbane City of Burlingame City of Calistoga City of Clayton City of Cloverdale City of Concord City of Cotati City of Cupertino City of Dixon City of Dublin City of El Cerrito City of Foster City City of Fremont City of Gilroy City of Hercules City of Hillsborough City of Lafayette City of Larkspur City of Los Altos Summary Minutes, April 24, 2008 Councilmember Joe Pirzynski City of Los Gatos Councilmember Lara Delaney City of Martinez Councilmember Gary Lion City of Mill Valley Councilmember Robert Gottschalk City of Millbrae Councilmember Gregg Sellers City of Morgan Hill Councilmember Ronit Bryant City of Mountain View Councilmember Mark Van Gorder City of Napa Councilmember Ana Apodaca City of Newark Councilmember Carole Dillon-Knutson City of Novato Councilmember Jean Quan City of Oakland Councilmember Amy Worth City of Orinda Mayor Pro Tern Julie Lancelle City of Pacifica Vice Mayor Peter Drekmeier City of Palo Alto Mayor Peter Murray City of Pinole Mayor John Hanecak City of Pleasant Hill Councilmember Barbara Pierce City of Redwood City Vice Mayor John Marquez City of Richmond Mayor Eddie Woodruff City of Rio Vista Councilmember Pam Stafford City of Rohnert Park Councilmember Omar Ahmad City of San Carlos Intergov. Dir. Nancy Kirshner Rodriguez City of San Francisco Vice Mayor Surlene Grant City of San Leandro Councilmember Leonard McNeil City of San Pablo City Manager Herb Moniz City of San Ramon Councilmember Susan Gorin City of Santa Rosa Councilmember Steve Barbose City of Sonoma Councilmember Richard Garbarino, Sr. City of South San Francisco Councilmember Manuel Fernandez City of Union City Mayor Len Augustine City of Vacaville Councilmember Erin Hannigan City of Vallejo Councilmember Cindy Silva City of Walnut Creek Vice Mayor Jerry Carlson Town of Atherton Councilmember Joanne del Rosario Town of Colma City Manager Carl Cahill Town of Los Altos Hills Councilmember Ken Chew Town of Moraga Mayor Deborah Fudge Town of Windsor County Delegates Absent Jurisdiction Supervisor Scott Haggerty County of Alameda Vacant County of San Francisco City/Town Delegates Absent Jurisdiction Mayor Warren Lieberman City of Belmont Mayor James Berg City of Belvedere Mayor Elizabeth Patterson City of Benicia Mayor Bob Taylor City of Brentwood Mayor Daniel Furtado City of Campbell Vice Mayor Carol Klatt City of Daly City Mayor David Woods City of East Palo Alto Councilmember Ruth Atkin City of Emeryville Mayor Harry Price City of Fairfield 2 Summary Minutes, April 24, 2008 Mayor Bonnie McClung City of Half Moon Bay Councilmember Bill Ward City of Hayward Vice Mayor Jim Wood City of Healdsburg Councilmember Marj Leider City of Livermore Mayor Kelly Fergusson City of Menlo Park Mayor Jose Esteves City of Milpitas Vice Mayor Erin Garner City of Monte Sereno Mayor Bruce Conelley City of Oakley Mayor Pam Torliatt City of Petaluma City Administrator Geoffrey Grote City of Piedmont Mayor Will Casey City of Pittsburgh Councilmember Cheryl Cook Kallio City of Pleasanton Councilmember Irene O'Connell City of San Bruno Vice Mayor Dave Cortese City of San Jose Mayor Carole Groom City of San Mateo Councilmember Barbara Heller City of San Rafael Mayor Patricia Mahan City of Santa Clara Councilmember Aileen Kao City of Saratoga Mayor Paul Albritton City of Sausalito Mayor Craig Litwin City of Sebastopol Vacant City of St. Helena Mayor Peter Sanchez City of Suisun City Vice Mayor Anthony Spitaleri City of Sunnyvale Vice Mayor Michael Lappert Town of Corte Madera Councilmember Newell Arnerich Town of Danville Vice Mayor David Weinsoff Town of Fairfax Councilmember Ed Davis Town of Portola Valley Vacant Town of Ross Mayor Wayne Cooper Town of San Anselmo Councilmember Paul Smith Town of Tiburon Councilmember David Tanner Town of Woodside Mayor Cynthia Saucerman Town of Yountville 3. PUBLIC COMMENT There were no public comments. 4. APPROVAL OF SUMMARY MINUTES, April 19, 2007, General Assembly* President Jacobs Gibson recognized a motion and a second to approve the minutes of the General Assembly of April 19, 2007. The motion passed unanimously. 5. PRESIDENT'S REPORT President Jacobs Gibson stated she is pleased to represent the members as President of ABAG over the next two years. She looks forward to meeting as many members as possible and working with them on behalf of all of the cities and counties in the region. ABAG needs to hear from its members and receive their input about what ABAG is doing and what members would like to see ABAG do. She encouraged members to get involved and participate in the variety of workshops and programs that ABAG offers. 3 Summary Minutes, April 24, 2008 Her goal is to build on the work of previous ABAG Presidents to ensure that ABAG is active in Sacramento on behalf of its members. In January ABAG held its second annual Legislative Reception where key Bay Area legislators were provided information about ABAG's legislative goals and what is important to cities and counties in the region. ABAG will not support bills with unfunded mandates for local government and encourages incentives for cities and counties who are committed to Focused growth and who are taking on the lion's share of housing allocations for the region. The Joint Policy Committee that originated because of discussion between ABAG and MTC about Merger and the integration of land use and transportation planning has become a very successful committee that not only includes our two agencies, but the Bay Area Air Quality Management District and the Bay Conservation and Development Commission. She reported on a bill pending in Sacramento - AB 2094 - sponsored by Assemblymember Mark DeSaulnier, which will make BCDC a formal voting member of the JPC. 6. PRESENTATION ON ABAG STRATEGIC PLAN President Jacobs Gibson recognized Executive Director Henry Gardner who presented a brief summary of ABAG's Strategic Plan. Executive Director Gardner provided an overview of the ABAG Strategic Plan, including the mission statement and the following goals; improve public unders#anding of ABAG; establish long-term financial stability; attract, develop, and retain high quality employees; increase housing supply at all income levels; improve mobility through coordination of land use, transportation, and planning decisions; conserve resources, promote sustainability, and improve environmental quality; and, maintain and enhance a disaster-resistant region. 7. PROPOSED ANNUAL BUDGET AND WORK PLAN - Fiscal Year 2007-2008" President Jacobs Gibson recognized Executive Director Henry Gardner who presented a brief summary of the Annual Budget and Work Program for fiscal year 2008-2009. President Jacobs Gibson recognized a motion by Susan Adams, Supervisor, County of Marin, and a second by Pete McHugh, Supervisor, County of Santa Clara, to approve the budget and work program. The county vote on the motion was seven (7) ayes, zero (0) nays, and the motion passed unanimously. President Jacobs Gibson recognized a motion by Jean Quan, Councilmember, City of Oakland, and a second by Carole Dillon Knutsen, Councilmember, City of Novato, to approve the budget and work program. The city vote on the motion was 60 ayes, zero nays, and the motion passed unanimously. 8. ANNOUNCEMENTS Councilmember Jean Quan, City of Oakland, announced that she can provide information to interested delegates about the City and County of San Francisco's lawsuit against Bank of America. There were no other announcements. 4 Summary Minutes, April 24, 2008 9. ADJOURNMENT Meeting adjourned at about 12:25 PM. H my L. rdner, Secretary-Treasurer * Indicates attachments.