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HomeMy WebLinkAboutTC Digest 2009-10-30TOWN COUNCIL WEEKLY DIGEST Week of October 26 - 30, 2009 Tiburon 1. Letter - Peggy Curran - Response to Grand Jury Request for Information 2. Letter - Scott Anderson - Standards for Vegetation in Non-WUI Areas 3. Letter - Scott Anderson - Notice of Action: 22 Mercury Avenue 4. Letter - Nicholas Nguyen - Railroad Marsh Aquatic Vegetation Cleanup 5. Courtesy Notice - Railroad Marsh Vegetation Clearing 6. Letter - Dale Weibel - View Obstruction from Railroad Marsh Vegetation 7. Memo - Park Services Reductions in Marin District 8. Press Release - 4th Annual "Angel Lights" Benefit on Angel Island Agendas & Minutes 9. Minutes - Planning Commission - October 14, 2009 10. Action Minutes - Planning Commission - October 28, 2009 11. Meeting Cancellation - Design Review Board - November 5, 2009 Reizional a) Notice - Federal Energy Reg. Commission - Bay Tidal Energy Project b) Conference Invitation - LGC - Partners for Smart Growth - Feb. 2010 Agendas & Minutes c) None * C ouncil Only l Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwci.tiburon.ca.us October 26, 2009 Judy Chapman, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 Dear Foreperson Chapman: Alice Fredericks Mayor Miles Berger Vice Mayor Dick Collins Councilmember Tom Gram Councilmember Jeff slavitz Councilmember This letter is in response to your inquiries we received on October 7, 2009. In it you request information about the makeup and operation of the agency I represent, which would be the Town Council of the Town of Tiburon. The questions you have posed are in bold face print below; my responses follow. The purpose of the group, its mission statement and goals The Town Council, five members elected at large, is the legislative body of the Town. They are responsible for the governance of the community Margaret A. Curran including the passage of ordinances, setting policy, hiring and overseeing Town Manager the Town Manager and Town Attorney, adopting the annual budget and providing other direction to staff for the appropriate management of the Town. The Council has not adopted a mission statement. Description of the community being served The Town of Tiburon is comprised of approximately 8,700 residents. While the Town is generally affluent relative to other California communities, it has many middle-class neighborhoods and some affordable housing. Residents tend to be older than average and better educated. The makeup of the group, to include each appointed or elected member, identified by name and tenure in office Alice Fredericks, elected 11/6/01 Tom Gram, elected 11/4/97 Jeff Slavitz, appointed 1/3/01 and first elected 11/4/03 Miles Berger, appointed 4/9/02 and first elected 11/8/05 Dick Collins, elected 11/6/07 Salary and any stipend or other form of monetary reimbursement for each Board member The Town Council receives no compensation. The Town does reimburse members if they incur miscellaneous expenses in the course of their duties such as attendance at regional or state meetings. k Total compensation and monetary reimbursement for each Board member for 2007/2008 There was no compensation during this period. Reimbursements for the 2007/2008 fiscal year were as follows: Alice Fredericks: $956.37 reimbursement for conference and travel expenses related to the League of California Cities Jeff Slavitz: $1,124.78 reimbursement for hosting the annual "new mayor" gathering at his house. Tom Gram: $53.26 reimbursement for town-related lunch expense Number of support staff and positions I interpret this question to be what support staff and position exist for individual Town Council members (as opposed to Town staff which works for the Town Council as a whole, not individually). Councilmembers do not have their own staff. A current copy of your annual budget A copyof the 2009/2010 budget is attached. It has not yet been printed and bound so we are providing you with an unbound copy. Description of qualifications and/or requirements necessary for Board members Town Council members are required to be residents of the Town. Rules governing tenure, if they apply There are no rules governing tenure (no term limits). Fringe benefits for all Board/Council/District members, to include as appropriate benefits listed below: 1. Paid holidays none 2. Other compensation not covered above none 3. Retirement plan/benefits none 4. Life and/or Health insurance (include spousal/family coverage and cost if applicable) none 5. Use of automobile (include governing use policy) none 6. Per-diem (include governing policy with daily rates) none 7. Travel Allowance (include governing policy with rates) none 8. Awards (for example, airline miles programs) none 9. Bonuses none 10. Club memberships (include governing policy and regulations) - - none 11. Use of credit card (include governing policy and regulations) none 12. Access to low interest, low cost loans none 13. Discounts none 14. Paid parking, how much, location none 15. Financial planning services none 16. Other fringe benefits not listed dinner is frequently brought into closed sessions, which precede Town Council meetings, for Council members and the staff that attend the closed session. Please do not hesitate to contact me if you require any additional information. Best regards Margaret A. Curran Town Manager cc: Tiburon Mayor and Town Council Town Attorney Attachment: 2009-2010 Town of Tiburon Budget DIGEST RECEIVED OCT - 7 2009 'wM•M..af'MNM~.~•M Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE Marin County Civil Grand Jury= TOWN OF TIBURON a,- v . ' Attention: Margaret A. Curran, Town Manager The Marin County Civil Grand Jury requests that you provide specific information about the makeup and operation of the Council, Board, District and or Agency that you represent. The Grand Jury is interested in receiving data related to the following: • The purpose of this group, its Mission Statement and Goals. • Description of the community being served and what services you provide. • The makeup of the group, to include each appointed or elected member, identified by name and tenure in office. • Salary and any stipend or other form of monetary reimbursement for each Board member. • Total compensation and monetary reimbursement for each Board member for 2007/2008. • Number of support staff and positions. • A current copy of your annual budget. • Description of qualifications and/or requirements necessary for Board members. • Rules governing tenure, if they apply. • Fringe benefits for all Board/Council/District members, to include as appropriate benefits listed below: 1. Paid holidays 2. Other compensation not covered above 3. Retirement plan/benefits 4. Life and/or Health insurance (include spousal/family coverage and cost if applicable) 5. Use of automobile (include governing use policy) 6. Per-diem (include governing policy with daily rates) 7. Travel Allowance (include governing policy with rates) 8. Awards (for example, airline miles programs) 2 9. Bonuses 10. Club memberships (include governing policy and regulations) 11. Use of credit card (include governing policy and regulations) 12. Access to low interest, low cost loans 13. Discounts 14. Paid parking, how much, location 15. Financial planning services 16. Other fringe benefits not listed Please have the above information to us in written form no later than October 30. 2009. Please mail the information to: Judy Chapman, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275 San Rafael, CA 94903 3 Sincerely yours, Judy Cha man, Foreperson Marin County Civil Grand Jury 3501 Civic Center Drive, Room 275, San Rafael, CA 94903 Tel: 415-499-6132 DIGEST Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - wwwci.tiburon.ca.us Community Development Department October 26, 2009 Ron Barney Fire Marshal Tiburon Fire Protection District 1679 Tiburon Boulevard Tiburon, CA 94920 a. Alice Fredericks Mayor Miles Berger Vice Mayor Dick Collins Councilmember Tom Gram Councilmember RE: Town comments on proposed standards for vegetation in non-WUI areas Dear Mr. Barney: The Tiburon Planning Division has reviewed the draft standards for vegetation in non- WUI areas document that you provided us on October 8, 2009. jeff•slavitz Councilmember Our general reaction to the proposed vegetation standards is that they overreach and are unreasonably draconian. Application of the standards as written could in many instances lead to the following undesirable effects: virtual arboreal cleansing of Margaret A. properties, denuding of landscaping on property, loss of privacy screening for a subject Town Manager property and its neighbor properties, and potentially exorbitant costs to property owners to substantially or completely re-landscape their properties for the making of only minor improvements. While the overall goal (fire safety) of the standards is laudable, there must be more practical and reasonable methods to improve fire safety over time in non-WUI areas. Our specific comments are as follows: Introductory Paragraphs 1. Authority. Sections 304.1.2 of the California Fire Code, as amended by local ordinance, and Sections 4290 and 4291 of the Public Resources Code, are cited as authority for adoption of these standards. We cannot find the express authority in any of these sections to adopt vegetation standards for non-WUI areas. All subsequent comments should be viewed with this outstanding authority issue as a backdrop. 2. Applicability. The terms "new structures" and "addition" are too vague. There needs to be a clear threshold that triggers any such vegetation standards, and in our opinion, it should be substantial, such as new additions over 500 square feet. 3. While fine in theory, "defensible space easements" between private property owners will rarely, if ever, be obtainable. We do not believe that it is reasonable to require property owners to attempt to obtain such easements before imposing unknown "additional fire protection measures". Perhaps these easements could be reasonably applied in the case of new subdivisions. 1 Numbered Sections I. General: For this process to be meaningful, the Town would need to receive a Fire District-approved copy of the VMP along with any associated Design Review application for the project. Numerous iterations of the VMP could potentially be necessary as the project may change as it goes through the Town review process. These standards would create yet another layer of governmental review and potentially lengthy delays for homeowners over seemingly minor projects and additions. II. VMP Content: The list should state explicitly that all landscaping on the property needs to be shown on plans and drawings, so that the full extent of potential tree removal and denuding can be ascertained at the outset of the project. IV. Plan List and Selection within the Zone. a) Figure H is referenced, but not Figure I. What is Figure I? b) In subsection A, who and what determines necessity with respect to irrigation? C) Subsection C creates potential CEQA issues for anyone required to remove trees protected by local ordinances. Please refer to the Biological Resources section of Appendix G of the CEQA Guidelines. Do you really wish to place owners in the position of requiring an Initial Study or EIR over tree removal issues caused solely by the VMP? d) Subsection IV.C. vs. VI.C.: The first one tells people to remove prohibited plants from defensible space, then the second says that, by the way, prohibited plants need to be removed from the entire property. It might be more effective to include this regulation, along with the one prohibiting "monkey hair," in a separate section after "defensible space" and "balance of the property" under "entire property." VI. Requirements for balance of property. a) Subsection A: the meaning of "as for" is unclear. b) Subsection C: the uncertainty created by the final sentence regarding tree removal reinforces the need to have an approved VMP before filing an application with the Town and also reinforces potential CEQA issues regarding removal of mature trees. C) Subsection E: do you mean "loss of moisture"? Thank you for the opportunity to comment on the draft standards. Very truly yours, Scott Anderson Director of Community Development S:IPlanninglStaff Folders lsandersonlLetterslVegetation in non-wui areas letter.doc 2 Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.tiburon.ca.us Community Development Department October 23, 2009 Samuel and Jennifer Dibble 22 Mercury Avenue Tiburon, CA 94920 RE: Notice of Action; Site Plan & Architectural Review Application for Property Located at 22 Mercury Avenue; Town File #709047 Dear Mr. & Mrs. Dibble: 3. Alice Fredericks Mayor Miles Berger Vice Mayor Dick Collins Councilmember Tom Gram Councilmember At its meeting of October 21, 2009, the Tiburon Town Council heard an appeal of the Design Review Board's decision to approve your site plan and architectural review application for a new residence at 22 Mercury Avenue. Jeff slavitz Councilmember The Town Council concluded that the project, as conditionally approved by the Design Review Board, had not sufficiently addressed privacy impacts on neighboring lots. The Town Council also concluded that the size, mass and bulk of the second To,,, A. Curran ~ proposed Toown Manager floor was out of character with the surrounding neighborhood. The Town Council identified several possible methods to address these remaining unacceptable impacts, and pursuant to Title IV, Chapter 16, Section 16-3.8.4 of the Tiburon Municipal Code, remanded the matter to the Design Review Board for further hearing, review, and action, with specific direction to reduce privacy impacts on surrounding lots relating to the proposed second floor of the residence, and reducing size, mass and/or bulk of the proposed second floor to better fit the neighborhood character established by existing buildings in the vicinity. Among the Town Council's suggestions were rearranging the floor plan of the proposed second floor (see attached sketch drawing); using a hip roof design on the back to reduce massing; modifying the placement of bedroom egress windows to reduce privacy impacts; and possibly removing square footage from the second floor plan. In the event that you or other parties to the Town Council's action are unfamiliar with the remand process, I will attempt to explain it in straightforward terms. The Town Council has directed that modifications to the project be explored, reflected in a revised application, and presented to the Design Review Board with the goal of adequately addressing the remaining unacceptable impacts of privacy loss and excessive massibulk. The Design Review Board will hold a hearing, review, and act on the project application as revised. The Board's decision on the revised application may be appealed to the Town Council, whose decision would be final. 1 In the hope of facilitating material project modifications to adequately address these remaining project impacts, Planning Division staff stands ready to meet with you or your architect prior to the matter being heard on remand by the Design Review Board, preferably as soon as possible. I have tentatively scheduled the remanded application to be heard by the Design Review Board at its next available meeting on November 19, 2009. If you have any questions, please call me at (415) 435-7392. Very truly yours, Scott Anderson Director of Community Development Enc: Revised second floor plan sketch from Town Council meeting Cc: Jim Malott Mr. & Mrs. O'Neal Mr. & Mrs. Lettrich Mr. & Mrs. 'Boris Mr. & Mrs. McLeod Dan Watrous S: TlanninglStafj"FoldersVsandersonlLettersl22 Mercury Avenue letter.doc 2 E v i~w ~ks tze-~~e~l 4:~ Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwci.tiburon.ca.us October 23, 2009 Mr. Dale Weibel, DDS 4( Vice President Pt. Tiburon Marsh Homeowners Association 15 Marsh Rd Tiburon, CA 94920 Re; Railroad Marsh Aquatic Plants and Vegetation Clean Up - Work To Begin Soon Dear Mr. Weibel: Thank you for your letter on August 15th expressing your concern over the growing aquatic plants and vegetation in and around the Railroad Marsh. I regret the delay in responding to you. As you may know, the Town periodically performs substantial clearing of the aquatic reeds in the marsh. We performed this work last year. These plants are certainly aggressive in growth and for this reason we plan on performing the work again this year. Due to budget constraints, we target certain areas we judge are the most appropriate. We are targeting the southeast portion of the marsh this year. Weather and schedule permitting, we hope to begin the work within the next month and be completed within a 3-week period. Could I solicit your assistance in informing your constituents of this planned work through your typical newsletter, leaflets or posting in your central meeting areas? I have included a pre-formatted "courtesy notice" for your use and distribution. If you would rather the Town provide the notices, please let me know as well. I can be reached at 415-435-7388 if you have any questions. My Superintendent, Joel Brewer, will be overseeing this project, and can be reached at 415-435-7399. Very truly yours, Nicholas Nguyen Director of Public Works/Town Engineer y Alice Fredericks Mayor . . . . . . . ♦ . . . Miles Berger Vice Mayor Dick Collins Councilmember . Tom Gram Councilmember Jeff Slavitz Councilmember Margaret A. Curran Town Manager Cc: M. Swalberg J. Brewer Town of Tiburon • 1505 Tiburon Boulevard • Tiburon CA 94920 • P. 41 5.435.7373 F. 415.435.2438 • www ci.tiburon.ca.u TOWN OF TIBURON - COURTESY NOTICE October 26, 2009 * * RAILROAD MARSH VEGETATION CLEARING * * Please be advised that, weather and schedule permitting, the Town of Tiburon and its contractor, North Bay Conservation Corps, will be clearing aquatic plants and vegetation in and around the Railroad Marsh. This year our periodic maintenance will concentrate on the south-southeast portion of the marsh. Last year we spent a good deal of effort on the north side. s. Alice Fredericks Mayor . . Miles Berger Vice Mayor Dick Collins Councilmember Tom Gram Councilmember Jeff Slavitz Councilmember We anticipate starting within the next month, and be completed within a 3 -week period. Margaret A. Curran Town Manager If you have any questions, please feel free to contact the Public Works Department at T 415-435-7354. Thank you for your cooperation. Nicholas T. Nguyen, P.E. Public Works Director / Town Engineer G. o,Gk:Sr August 15, 2009 Nicholas Nguyen Director of Public Works Town of Tiburon 1505 Tiburon Blvd Tiburon, 94920 Dear Mr. Nguyen, My wife and I live at 15 Marsh Road in the Pt Tiburon Marsh condominiums. We have a great view of the marsh from our living room window and consider it one of the natural treasures of our town. Over the past couple of years, the marsh has been growing quickly and is filling in on the south side. We are concerned that if, left unattended, it will fill in completely. One of my neighbors, Lynne Lubbock, told me that she has recently spoken to your Office and was assured that work would begin this fall to cut back the marsh. This letter is meant to reinforce our concern and request that you give us some notification when the work will begin. On behalf of the residents of the Pt Tiburon Marsh Condominiums thank you in advance for your attention to this matter. If you have any questions I can be reached at 789 5246 or my cell 650 483 2199. ely, Dale Weibel, DDS Vice President Pt Tiburon Marsh Homeowners Association State of California - The Resources Agency Memorandum Date : October 26, 2009 To Marin District Employees and Stakeholders From Danita Rodriquez Superintendent Marin District Subject : Reduction of Services in Marin Distirict DIGEST 716 In keeping with Governor Schwa rzenegger's plan for keeping parks open, California State Parks is today announcing the implementation of service reductions at parks across the State. The goal is to achieve the required cost savings while minimizing the disruption to park visitors as much as possible. All of the service reductions are consistent with the Governor's September 25 announcement of the kinds of service reductions the public could anticipate in order to achieve the budget savings necessary to meet severe budget restrictions. The reductions are designed to minimize disruptions for park visitors, while keeping parks open and achieving the $14.2 million in budget savings to help close the State's budget deficit. To achieve savings as quickly as possible, State Parks will begin implementing these cost saving measures all across the State in the next few days. The service reductions came about through a process wherein each of the State Parks' District Superintendents designed a plan for specific reductions tailored for each park within their respective district. The plans included all 279 parks within the statewide system. A summary of some of the most common service reductions across the State include: • Reduce days of operation by two or three weekdays at selected parks. Other parks will close a portion of a campground or outlying day-use areas. • Close and consolidate some park offices and/or reduce hours of operation. • Reduce off-season lifeguard levels at some beaches. • Remove some trash cans and fire rings from the beach and close roughly half of the restrooms at some beaches. • Close many park visitor centers two or more days every week. • Reduce the numbers of school tours and interpretive programs at many parks. These service reductions are intended to ensure that California State Parks achieves its required cost savings while maintaining revenues at the highest level possible for the remainder of this fiscal year and while minimizing disruptions to visitors. For the Marin District, the specific service reductions for the parks within the district are as follows: October 26, 2009 Page 2 Olompali State Historic Park This park will be closed to public use Monday through Friday November 1, 2009 through June 30, 2010. China Camp State Park Back Ranch Meadows Campground will be open on weekends and some holidays on a first come, first served basis through March 25, 2010. Current reservations will be honored. Back Ranch Meadows Campground will go back on the reservation system (through Reserve America) starting March 26, 2010. Weber and Buckeye Point Day Use areas and the lower China Camp Village parking lot will be open on weekends and some holidays November 1, 2009 through June 30, 2010. Restrooms at Weber, Buckeye Point and China Camp Village will only be open when those areas are open. Angel Island State Park Ayala Cove and United States Immigration Station restroom facilities will remain open during normal operating hours. All remaining restroom facilities will only be open on weekends and some holidays through April 30, 2010. Environmental Living Programs will not be conducted, and other interpretive programs not related to the United States Immigration Station will be conducted on a limited basis, until such time as a State Park staff can be hired and trained to provide these programs. There will be delays in non-emergency responses to inquiries. Samuel P. Tavlor State Park Madrone Group Camp and Irving Group Picnic Day Use areas will be closed November 1, 2009 through March 25, 2010. They will open and go back on the reservation system (through Reserve America) starting March 26, 2010. Devil's Gulch Group Camp and Redwood Grove Group Picnic Day Use area will remain open. The family campground (Creek and Orchard Sections) will be opened as needed and will be available on a first come, first served basis through March 25, 2010. It will go back on the reservation system starting March 26, 2010. Restroom facilities in all closed areas will not be open. Tomales Bav State Park The main park entrance, Shell Beach parking lot, and Millerton Point parking lot will only be open weekends and some holidays through June 30, 2010. These areas may be open the week before and after Easter. Restroom facilities in all closed areas will not be open. Environmental Living Programs will not be conducted during the 2009/2010 academic year. October 26, 2009 Page 3 Mt. Tamalpais State Park The upper mountain (from Pantoll to East Peak and W. Ridgecrest) will only be open to vehicular traffic weekends and some holidays November 1, 2009 through June 30, 2010. Bootjack parking lot will only be open weekends and some holidays November 1, 2009 through June 30, 2010. These areas may be open during the weekdays the week before Easter and the week after Easter. Restroom facilities in all closed areas will not be open. Alice Eastwood Group Camp will be closed November 1, 2009 through March 25, 2010. It will go back on the reservation system (though Reserve America) on March 26, 2010. Current reservations will be honored. The Frank Valley Horse Camp will be closed November 1, 2009 through June 30, 2010. The Pantoll walk-in campground will continue to stay open on a first come, first served basis. There will be new fees areas at Rock Spring parking lot and the parking lot on Panoramic Highway across from the Mountain Home Inn. Some visitors may be inconvenienced by these service reductions; however, it is hoped that park visitors will understand and appreciate the severe budget reductions that have occurred and help State Parks minimize the cost impacts to the system. The public can assist by hauling out their own trash and helping to keep facilities as clean as possible for the next park visitor. DIGEST 1;#k 4t" Annual "Angel Lights" Benefit Features New, Solar-Powered Lights Atop Angel Island State Park Marin County, CA - The Angel Island Association (AIA) is pleased to announce its fourth annual "Angel Lights" Benefit to be held on Thursday, December 3 at the Corinthian Yacht Club in Tiburon. The Benefit supports AIA's work toward the conservation and enhancement of Angel Island State Park and will feature the lighting of new, solar-powered LED Angel Lights atop the Island. The solar lights, made possible by the generous financial support of PG&E, will replace the conventional lights that were destroyed by last year's fire. Television personalities Doug McConnell and Jan Yanehiro will host the festivities, as Angel Lights sponsors and donors celebrate the past and help shape the future of the Park. While enjoying hors d'oeuvres and wine, supporters will have the opportunity to bid on a handful of special auction items, including once-in-a-lifetime experiences on the Island such as a group overnight at the Civil War era Quartermaster building in Camp Reynolds. Angel Island State Park is one of the Bay Area's true natural and historical gems. "Due to persistent state funding constraints, we can no longer take our state parks for granted," said Danita Rodriguez, Marin District Superintendent. "By supporting organizations like AIA, the public can help ensure that local treasures like Angel Island State Park continue to exist and thrive for all of us to enjoy. We are especially excited that this year's AIA Benefit will highlight one of the Park's highest priorities - the "greening" and sustainability of the Park through the use of solar energy to support the Island's electricity needs." For more information about attending the Angel Lights Benefit, "adopting" an Angel Light, or otherwise supporting Angel Island Association, call 415-435-3972. About AIA Angel Island Association is a nonprofit organization working to facilitate the preservation, restoration and interpretation of Angel Island's historical and natural resources, with the goal of enhancing visitors' recreational and educational experiences on the Island and building a community to support Angel Island State Park. Contact: Gail Dolton Angel Island Association 415-435-3972 gail(aD.angelisland.org q1V PLANNING COMMISSION MINUTES NO. 989 October 14, 2009 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chair Kunzweiler called the meeting to order at 7:30 p.m. Present: Chair Kunzweiler, Vice-Chairman Fraser, Commissioners Corcoran, Frymier, and O'Donnell Absent: None Staff Present: Director of Community Development Anderson and Minutes Clerk Levison ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Director of Community Development Anderson stated that the Alta Robles DEIR adequacy hearing may be continued from October 28, 2009 to November 11, 2009, and that he would keep the Commission posted as to the status of that item. PUBLIC HEARING: 1. END OF PARENTE ROAD AND END OF ANTONETTE DRIVE: PRECISE DEVELOPMENT PLAN TO CREATE TWO BUILDING SITES ON A 10.2 ACRE PARCEL; FILE #30703; Lionel Achuck, Owner; Tom Newton, Applicant; Assessor's Parcel No. 038-111-16 CONTINUED TO NOVEMBER 11, 2009 ACTION: Moved and seconded (Corcoran/Fraser) to continue the item to November 11, 2009. Vote: 5-0. 2. 193 GILMARTIN DRIVE: AMENDMENT TO THE AGINS PRECISE PLAN (PD #26) TO AMEND A BUILDING ENVELOPE AND ESTABLISH A SECONDARY BUILDING ENVELOPE; FILE #30902; Jeff and Lori Runnfeldt, Owners; John Swain, Applicant; Assessor's Parcel 039-161-29 Mr. Anderson provided the staff report, stating that the applicant has requested an amendment to a Precise Plan for property located at 193 Gilmartin Drive. The applicant proposes to install a swimming pool and spa in an area outside of the building envelope established for this parcel by the Agins Precise Plan. The property is currently developed with a single-family dwelling and is TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. ?009 MINUTES NO. 989 PAGE 1 bordered by a public open space parcel to the east, a vacant parcel to the north, and a portion of the Tiburon Ridge Trail to the south. The applicants propose to establish a 2,270 square foot secondary building envelope, which would allow no "structures", on the eastern side of the property for the proposed improvements. This proposed new envelope area, adjacent to the Town open space parcel, is currently a lawn and landscape area. In requesting the secondary building envelope, the applicant proposes to reduce the size of the main building envelope on the north side of the property by 2,270 square feet, for no net gain of building envelope area on the lot. Mr. Anderson stated that staff has visited the project site and concluded that the proposed secondary building envelope would allow the residents to continue to utilize the existing landscape areas with the addition of a swimming pool and spa, without resulting in material noise or visual impacts to surrounding neighbors. The secondary building envelope would also prohibit the construction of structures closer to the property line than the existing residence and, therefore, closer to the adjacent open space. Staff further concluded that hikers in the open space area adjacent to the subject property would not likely see the proposed improvements and the project would be consistent with the overall intent of the Agins Precise Plan. Staff reviewed the proposal for consistency with the Tiburon General Plan and Tiburon Zoning Ordinance and concluded it was consistent with both. Mr. Anderson noted that improvements in addition to the swimming pool and spa are shown on the drawings; however, these improvements would be reviewed at a later date through the Design Review process should the envelope adjustment be approved. He advised that the issue before the Commission is the envelope adjustment, not the physical improvements themselves, but stated that the Commission could pass along any specific recommendations on site design to the Design Review Board through the conditions on the resolution. He also noted that any affirmative action by the Planning Commission on this project would be in the form of a recommendation to the Town Council; should the Commission vote to deny the project, that decision would be final unless appealed to the Town Council. Commissioner Frymier asked how frequently precise plan amendments are requested and what the Town's view on the matter is. Mr. Anderson stated that each planned development, or "PD", is unique, some having been amended numerous times and some never. He said requests are primarily for building envelope amendments as often times, what was foreseen in the original development when the property was raw land no longer makes sense once some or all of the homes are built. He encouraged the Commission to consider each precise plan amendment request as a unique situation tailored to that property and planned development. Chair Kunzweiler opened the public hearing. John Swain, applicant, referred to aerial views of the project site and surrounding area. He stated that all options within the current building envelope were explored, and the other options were found to create greater impacts on surrounding homes and the site itself. A letter and TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. 2009 MINUTES NO. 989 PAGE 2 information packet was mailed to all neighbors on Gilmartin Drive and Mount Tiburon Road and the single response received was positive. He stressed that the application requests no net gain in terms of the building envelope and requested the Commission's support of the proposal. Scott Lewis, landscape architect, explained that the portion of the building envelope proposed for exchange is fairly steep and would require significant grading to accommodate a pool and spa area. He reviewed existing landscaping, detailed the proposed pool site relative to neighboring homes and their views and concluded that, with additional screening, the proposed envelope area would not be visible from Gilmartin Drive, neighboring properties, or the Tiburon Ridge Trail. If located within the current envelope, the project would affect neighbors in three directions. Public Comments: Jim O'Dorisio, Mount Tiburon Road, said that the applicant's property is visible from his back yard. He said that the informational packet was unclear and he requested specific information on the secondary envelope's proximity to the property line. He noted that one or more trees have been lost since the aerial photos on display were taken, and voiced concern for his privacy with such an active use in close proximity to his home. He requested that the applicant incorporate as much additional screening as possible Mr. Lewis responded there is considerable room [he estimated at least 200 feet] between the proposed envelope and Mr. O'Dorisio's property. The current proposal calls for planting native shrubs along the existing six foot fence at the property line, and he suggested that Mr. O'Dorisio contact the owners to address any specific points of concern. He said he anticipated addressing these kinds of specifics through the Design Review process, but assured the Commission that the applicant is prepared to be flexible. Chair Kunzweiler closed the public hearing. Commissioner Corcoran said he visited the site and generally dislikes the idea of building near open space and particularly along the Ridge Trail. However, this particular situation and application appear to be a reasonable fit. He appreciated that the amended envelope allows good space between neighbors and would eliminate the need for a great deal of additional grading. He said he would prefer, in fairness to future applicants, that the envelope not extend right up to the property line. Commissioner O'Donnell concurred. He said he visited the site this afternoon and believes the proposed location to be the logical site for a pool. He also said that the eastern portion of the existing envelope, which the applicant would offer in exchange, seems best suited to remain undeveloped. He said he believed any privacy issues with Mr. Odorisio could be easily resolved and supported the request. Vice-Chair Fraser said he visited the site and understands the challenges presented by the existing building envelope. He said he is very familiar with the trails in that area and is challenged by the request to build up to the property line. He inquired about typical side yard setbacks for the area. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14, 2009 MINUTES NO. 989 PAGE 3 Mr. Anderson explained that the area is primarily planned developments with no standardized side yard setbacks. The setbacks vary with the building envelope for the particular lot. Vice-Chair Fraser encouraged the Commission to recommend that the Design Review Board implement a minimal setback. He also advised that any necessary screening should be established on the applicant's property as opposed to open space and that open space should be allowed to maintain its natural topography. While he would request this setback, he has no issue with the proposal or the exchange of building envelope areas. Mr. Anderson stated that proposed envelope does, in part, extend to the property line and that the site improvement plan indicates a pool that extends to within nine feet of the property line. He noted that the remaining nine foot setback area is planned hardscape, which does not require a building envelope. Commissioner Frymier commended the applicant on a beautiful project which she fully supported. She concurred with her fellow Commissioners regarding encroachment on open space, said the secondary building envelope does not allow for any structures but noted that the applicant's proposal includes a pool equipment room situated right at the property line. She requested clarification on that, stated that any kind of structure in that location makes her very uncomfortable, and recommended more definitive language in the resolution. Chair Kunzweiler said that the pool within the original envelope would be much less desirable for development in terms of view impacts. He echoed the Commission's comments regarding a setback sizable enough to allow for suitable screening. The Tiburon Ridge Trail is one of the area's primary trails and it is crucial that steps are taken to ensure proper screening. He requested specifications on the pool equipment structure and also asked if it would be more appropriate to specify a setback as part of the resolution, or to shift the building envelope back. Mr. Anderson could not confirm building specifications for the pool equipment, but advised that by way of the resolution, the applicant would be limited to improvements three feet or less in height, except for fences or walls. He advised that, as currently proposed, the project would install hardscape right up to the property line, with very little room to plant anything more significant than vines. He suggested that it would make better sense to move the entire building envelope back from the property line and direct the Design Review Board to ensure that adequate screening is provided. Mr. Lewis explained that the current proposal places the secondary envelope 18 inches away from the property line to allow enough room for an 8 gallon plant. He suggested that a total setback width of 3 feet should allow enough depth for adequate screening. He explained that the intent is to bury the pool equipment structure below the deck, where it would not be visible from off-site. Chair Kunzweiler recommended an amendment to the draft resolution that places the secondary envelope back an additional 18" from the property line [for a total setback of three feet] and extends the northern portion of the envelope a comparable area. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. 2009 MINUTES NO. 989 PAGE 4 Mr. Anderson proposed the following language to be added to the end of Condition 1 of the draft Resolution: "as modified to establish a 3 foot setback from the eastern property line." ACTION: Moved and seconded (O'Donnell/Fraser) to adopt the Resolution, as amended. Vote: 5-0. 3. REVIEW OF COMPREHENSIVE REFORMATTING AND TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE #MCA 2008-09 [DWI (Continued from September 23, 2009) At the June 24, 2009 Planning Commission meeting, the Commission began its review of the Town's update to the Tiburon Zoning Ordinance. At that time, the Commission reviewed all of Article I and part of Article II. The Commission reviewed the remainder of Article II at the July 81 2009 meeting. The Commission reviewed Article III at the July 22, 2009 meeting. The Commission reviewed Article IV and a portion of Article V at the August 26, 2009 meeting. The Commission reviewed the remainder of Article V and a portion of Article VI at the September 9, 2009 meeting. The public hearing was continued, with staff directed to prepare summaries of the remainder of Article VI and Articles VII, VIII & IX for the September 23 Planning Commission meeting. At that meeting, the hearing was continued without discussion to the October 14, 2009 meeting. Commissioners provided various corrections and minor wording changes. They discussed the following sections in greater detail for the purpose of clarification and/or further amendment: ARTICLE VI Section 16-64.030 - Notice of Hearin Commissioner O'Donnell asked if the Government Code specifies a distance in which notification must be given. Mr. Anderson stated the Code specifies a 300 foot noticing radius around the subject property. Commissioner O'Donnell questioned the use of, "This may affect your property values" on the front of the Town's mailed hearing notices. He suggested that if the information were posed in a more factual, rather than alarming way, the matter may remain more collegial. Mr. Anderson said that the specific language on the notices can vary. He explained that the practice originated when the Town began using single tri-fold pieces of paper, rather than formal sealed envelopes, as a cost-saving measure. He said residents complained that the tri-fold notice was often mistaken for junk mail and discarded, so staff developed this wording to attract attention to its content. Chair Kunzweiler agreed that the wording can be interpreted as alarming, but noted that he does open these items because the wording grabs his attention. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. 2009 MINUTES NO. 989 PAGE 5 Section 16-64.060 - Notice of Decision Referring to Subsection A, Commissioner O'Donnell suggested adding language that would also allow email notification to be used in addition to or in place of first class mail. Chair Kunzweiler argued that some people are adamantly opposed to email. Mr. Anderson explained that certain official decisions are required to be sent in a specific manner. He offered to look into the legal requirements of notification of decisions. Chair Kunzweiler said that communication must go to the place of residence and an email address is not an expression of that. Vice-Chair Fraser said he could support a parallel path of first class mail and email notification. Commissioner Corcoran concurred with Commissioner O'Donnell that it would not hurt to create some flexibility in the Town's notification process. Chair Kunzweiler said that government communication traditionally comes by mail but that he could support additional email notification. Commissioner Corcoran noted that court decisions are delivered via the court's website. He questioned whether mail notification is even required, as long as a method of obtaining the information is clearly provided. Mr. Anderson said he has no objection to an "and/or" clause for Design Review notifications, but that the Town will continue its practice of using first class mail. He noted that most applications now contain a space for email addresses, but many applicants choose not to supply it as the information then becomes a matter of public record. Section 16-64.070 - Permanent Records of Hearings Commissioner O'Donnell asked and Mr. Anderson confirmed that stenographic records of hearings are occasionally used. Mr. Anderson noted that they are typically reserved for highly controversial applications. Referring to Subsection 2, Chair Kunzweiler asked what would be considered the official meeting record if more than one record existed. Mr. Anderson explained that, in some cases, the acting body and Clerk have accepted the stenographic copy as the permanent record. Section 16-64.080 - Indemnification Commissioner Frymier noted discrepancies between the language of the ordinance and the staff report. She asked if the Commission (or other acting body) could not be liable for some of the same things in the event that an application is denied. TIBURON PLANNING COMMISSION MINUTES - OCTOBER I4, 2009 MINUTES NO. 989 PAGE 6 Commissioner Corcoran explained that while this particular section refers only to instances of approval, there is an additional indemnification section which addresses applicants. Mr. Anderson confirmed and explained that when an applicant signs their application, they are also signing an indemnification of the Town. He said that the draft section [16-64.080] of the ordinance simply allows the review authority to apply a further indemnification of the Town as a condition of approval. Chair Kunzweiler asked with respect to the indemnification statement on the application form if there is a similar need for applications that are denied by the Town. Mr. Anderson said "no", as the applicant has not been authorized to perform any work because the application was denied. Commissioner Corcoran recommended that the section include language authorizing the Town to require the applicant to indemnify the Town's Planning Commissioners and Design review Board members as well. Commissioner O'Donnell referred to Section 16-50.030, Subsection 3. The Commission voiced support for amending the language in that section to state that the Town shall be indemnified against any challenge arising from the application, rather than the application's approval. Mr. Anderson explained that when filing an application, the ordinance requires an applicant to defend the Town against third parties attempting to sue the Town over its approval. An applicant cannot be required to hold the Town harmless on the denial of his permit application, as the applicant is entitled to challenge that denial in court. Commissioner Corcoran said that the term "application" should be broad enough to cover all circumstances. He said that the Town could not contract around anyone's rights and that anyone entitled to bring a lawsuit would still be able to do so. Chair Kunzweiler requested that Mr. Anderson confer with the Town Attorney for clarification. Commissioner Frymier asked, and Mr. Anderson confirmed, that as agents of the Town, Design Review Board and Planning Commission members would be defended by the Town against any suit arising from performance of their duties as assigned, likely excepting criminal behavior. Section 16.68.030 - Prezoning and Annexation Referring to Subsection B, Commissioner Corcoran asked why Planned Development zoning was established as the default prezoning. Mr. Anderson explained that this section is a safety valve measure, designed to automatically prezone any annexed property which the Town has not prezoned into the zone that offers the Town the most control. He said that annexation of territory without prior prezoning has not occurred in decades, and that the process is controlled such that it is almost unimaginable that such an annexation could occur. Nevertheless, this subsection provides the Town with the best zoning protection in the event that it ever does occur. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. 2009 MINUTES NO. 989 PAGE 7 ARTICLE VII Mr. Anderson noted that much of Article VII will likely be rewritten when the new Housing Element is adopted. He explained that this chapter enacts the Housing Element's policies regarding inclusionary housing, and those are likely to change with the new element. Vice-Chair Fraser asked about the primary determinants of the Town's inclusionary housing guidelines and standards. Mr. Anderson explained that the primary driver is the regional housing needs determination numbers assigned to the Town by ABAG. In response to a question, Anderson noted that these numbers are updated approximately every seven years. Section 16-70.030 - General Inclusionary Requirements Vice-Chair Fraser asked who determines that in-lieu fees are an acceptable alternative to affordable housing. He said that, if the Town is ever going to create any more affordable housing, a stronger position on the matter will be necessary. Mr. Anderson said that it is ultimately a policy decision for the Town Council and Planning Commission to make. Vice-Chair Fraser said that the Town doesn't have a track record of affordable housing. Commissioner O'Donnell disagreed, stating he thought there was quite a lot of affordable housing in town. Commissioner Corcoran said that affordable housing in particular is a much needed and clear benefit to the community, but people rarely demand that it be done. He suggested that the Commission determine which parcels in Town are best suited for on-site affordable housing and remove the potential for in lieu fees for those parcels. Mr. Anderson supported the topic for a policy discussion by the Planning Commission. However, for purposes of reviewing this zoning ordinance section, he said the decision to accept affordable housing in-lieu fees has already been made in the General Plan and this section merely implements the Housing Element policies and standards. Vice-Chair Fraser asked if the Commission could agendize a discussion on the matter. Mr. Anderson confirmed, but recommended that Commissioners carefully read the Housing Element before doing so. Chair Kunzweiler concurred, noting that the General Plan carefully addresses the issue. ARTICLE VIII Section 16-80.030 - Time for Filing Application Referring to Subsection C, Commissioner Corcoran requested clarification. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14, 2009 MINUTES NO. 989 PAGE 8 Mr. Anderson explained that once a decision is rendered, an applicant has 30 days to submit supporting information for an economic exception request. Chair Kunzweiler and Commissioner O'Donnell said they understood the section to state that the applicant has 30 days following an appeal. Mr. Anderson clarified, stating that this section pertains only to decisions of lower bodies and requires applicants to file a request for economic exception in conjunction with the request for an appeal. Commissioner Corcoran thought the existing language could lead to misunderstanding on when the 30 day period begins. He provided several suggestions, and the Commission agreed that the words "being appealed" could be deleted. Section 16-80.040 - Required Information Referring to Subsection 9, Commissioner Corcoran recommended that a time limit be imposed on how far back an offer to purchase was made. The Commission agreed to a limit of five years. ARTICLE IX Section 16-90.060 -Verification Commissioner O'Donnell asked if the Town has determined any policy regarding the use of green raters versus building inspectors. Mr. Anderson explained that the Town's building inspectors are not certified green raters, and third party green raters are relied upon. Commissioner O'Donnell requested clarification on the use of substitute materials, stating that it seemed a bit nebulous. Mr. Anderson explained that this section addresses after-the-fact substitutions which, if within reason, would be allowed by the Building Official. Section 16-90.070 - Cost of Verification Vice-Chair Fraser requested information on the range of costs for obtaining a green rater inspection. Mr. Anderson said that it varies based on project complexity. He could not confirm, but said he has heard, that costs range between $1,000 and $2,000. He explained that the Town has not had enough applications since this program was initiated to offer any real data on Town projects. He said the sole home being built subject to the green ordinance was using LEED standards, which are much tougher than green points. TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14, 2009 MINUTES NO. 989 PAGE 9 Commissioner O'Donnell argued that the cost lies more between $4,000 and $5,000, partly due to numerous iterations of the green checklist and field verification costs. Commissioner Corcoran advised against looking at these costs in a vacuum and noted that green projects conserve valuable resources and create many other cost saving advantages for applicants. Commissioner O'Donnell noted that there is discussion within the county on a system that implements green building requirements through building codes rather than zoning regulations. Chair Kunzweiler confirmed that approach, although he noted that a checklist would still most likely be used. He said the building industry has taken great leaps forward since these green practices were approved and that builders, who see this as good business and sound building practice, are out ahead of everyone on green construction issues. ACTION: Moved and seconded (O'Donnell/Frymier) to continue the hearing on the Zoning Ordinance amendments and reformatting to October 28, 2009. Vote: 5-0. MINUTES: 4. PLANNING COMMISSION MINUTES - Regular Meeting of September 23, 2009 Vice-Chair Fraser requested the following amendments to the minutes: • Page 6, 1st paragraph: "...that the assumption of the high end use of County zoning density for Alternative 2 is unfai unrealistic...... The project should also be designed to protect open space." • Page 6, 1st full paragraph: "Vice Chair Fraser requested more depth and research on possible mitigations. He noted that Eel miscellaneous site issues with respect to slope, grading, and land impfevements slides are left up to the individual... He disagreed with the DEIR findings which determined open spe land use issues, as they relate to the General Plan, te-be were mitigated to less than significant levels. He said the DEIR is flawed and fails to identify appropriate means and mitigation measures for developing a property... He disagreed with the DEIR findings regarding consistency with the General Plan in both land use and open space issues." Chair Kunzweiler requested that the minutes be reviewed to ensure appropriate usage of EIR and DEIR and provided the following amendment: • Page 6, last paragraph: "He acknowledged that the Town has strict landslide management guidelines but said that they are relevant to the impact in and around these landslides proposed houses and only require remediation to the extent that is dictated by structure placement." ACTION: Motion and second (Corcoran/Frymier) to approve the minutes of September 23, 2009, as amended. Vote: 4-0-1 (O'Donnell abstained). TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14, 2009 MINUTES NO. 989 PAGE 10 ADJOURNMENT: The Planning Commission adjourned the meeting at 9:25 p.m. JOHN KUNZWEILER, CHAIRMAN ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION MINUTES - OCTOBER 14. 2009 MINUTES NO. 989 PAGE 11 to ob TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard October 28, 2009 - 7:30 PM Tiburon, CA 94920 ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:30 PM Present: Chairman Kunzweiler, Commissioner Corcoran, Commissioner Frymier, Commissioner O'Donnell Absent: Vice Chairman Fraser, ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring fiction 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. REVIEW OF COMPREHENSIVE REFORMATTING AND TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE #MCA 2008-09 [DW] (Continued from October 14, 2009) Continued to November 11, 2009 MINUTES 2. PLANNING COMMISSION MINUTES -Regular Meeting of October 14, 2009 Approved As Amended ADJOURNMENT At 9:40 PM Y NOTICE OF MEETING CANCELLATION THE REGULAR DESIGN REVIEW BOARD MEETING SCHEDULED FOR THURSDAY, NOVEMBER 5, 2009 HAS BEEN CANCELLED. THE NEXT MEETING OF THE DESIGN REVIEW BOARD WILL BE THE REGULARLY SCHEDULED MEETING ON THURSDAY, NOVEMBER 19, 2009 DAN WATROUS, SECRETARY 11, NOTICE OF MEETING CANCELLATION THE REGULAR DESIGN REVIEW BOARD MEETING SCHEDULED FOR THURSDAY, NOVEMBER 5, 2009 HAS BEEN CANCELLED. THE NEXT MEETING OF THE DESIGN REVIEW BOARD WILL BE THE REGULARLY SCHEDULED MEETING ON THURSDAY, NOVEMBER 19, 2009 A(cwwbib DANVATROUS, SECRETARY FEDERAL ENERGY REGULATORY COMMISSION WASHINGTON, D.C. 20426 OFFICE OF ENERGY PROJECTS 0 C T 2 2 2,00 01 oc~v Project No. 12585-001 - California San Francisco Bay Tidal Energy Project Golden Gate Energy Company Re: Second Issuance of Notice of Preliminary Permit Application To the Parties Addressed: On October 9, 2008, the Commission issued notice of a preliminary permit application for a proposed hydrokinetic project to be located on the San Francisco Bay in San Francisco and Marin Counties, California. Pursuant to section 4(f) of the Federal Power Act, a copy of the notice is enclosed. With this written notice, the deadline established in the October 9 notice for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications is extended for your municipality to 60 days from the date of this letter. Please note that the FERC staff contact has changed since the October 9, 2008 issuance. If you have any questions, please contact Matt Buhyoff at (202) 502-6824, or by email at matt.buhyoff@ferc.gov. Sincerely, Ti othy J. Welch, Chief Hydro West Branch 2 Enclosures: Notices of Preliminary Permit Applications, October 9, 2008; List of Addressees cc: Addressees Mailing List Mike Hoover Golden Gate Energy Company 1785 Massachusetts Ave., NW, Suite 100 Washington, D.C. 20036 UNITED STATES OF AMERICA FEDERAL ENERGY REGULATORY COMMISSION Golden Gate Energy Company Project No. 12585-001 Notice of Preliminary Permit Applications Accepted for Filing and Soliciting Comment, Motions to Intervene, and Competing Applications (October 9, 2008) On October 1, 2008, Golden Gate Energy Company filed an application, pursuant to section 4(f) of the Federal Power Act, proposing to study the feasibility of the San Francisco Bay Tidal Project, to be located on the San Francisco Bay in San Francisco and Marin Counties, California. The proposed San Francisco Bay Tidal Project consists of: (1) 5 to 40 proposed Tides Hydrokinetic generating units having a total installed capacity of 5 to 10 megawatts, (2) a proposed transmission line, and (3) appurtenant facilities. The Golden Gate Energy Company, project would have an average annual generation of 8.7 gigawatt- hours and be sold to a local utility. Applicant Contact: Mr. Mike Hoover, Golden Gate Energy Company, 1785 Massachusetts Avenue, NW, Suite 100, Washington, DC 20036, phone (202) 772-0099. FERC Contact: Robert Bell, (202) 502-6062. Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Comments, motions to intervene, notices of intent, and competing applications may be filed electronically via the Internet. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission's website under the "e-Filing" link. If unable to be filed electronically, documents may be paper-filed. To paper-file, an original and eight copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426. For more information on how to submit these types of filings please go to the Commission's website located at http://www.ferc.gov/filing-comments.asp. More information about this project can be viewed or printed on the "eLibrary" link of Commission's website at http://www.ferc.gov/docs-filing/elibrarv.ast). Enter the docket number (P-12585) in the docket number field to access the document. For assistance, call toll-free 1-866-208- 3372. Kimberly D. Bose, Secretary. LIST OF ADDRESSEES Alameda County City of Lafayette 1221 Oak Street 3675 Mt. Diablo Blvd., #210 Oakland, CA 94612 Lafayette, CA 94549 City of Alameda Town of Moraga 2263 Santa Clara Avenue P.O. Box 188 Alameda, CA 94501 Moraga, CA 94556 City of Albany City of Orinda 405 Kains Avenue 22 Orinda Way Albany, CA 94706 Orinda, CA 94563 City of Berkeley City of Richmond 2180 Milvia Street 1401 Marina Way South Berkeley, CA 94704 Richmond, CA 94804 City of Emeryville City of San Pablo 1333 Park Avenue 13831 San Pablo Avenue Emeryville, CA 94608 San Pablo, CA 94806 City of Oakland County of Marin One Frank H. Ogawa Plaza 3501 Civic Center Drive Oakland, CA 94612 San Rafael, CA 94903 City of Piedmont City of Belvedere 120 Vista Avenue 450 San Rafael Avenue Piedmont, CA 94611 Belvedere, CA 94920 City of San Leandro Town of Corte Madera 835 E. 14thStreet 300 Tamalpais Drive San Leandro, CA 94577 Corte Madera, CA 94925-1418 Contra Costa County Town of Fairfax 651 Pine Street, 11th Floor 142 Bolinas Road Martinez, CA 94553 Fairfax, CA 94930 City of El Cerrito City of Larkspur 10890 San Pablo Avenue 400 Magnolia Avenue Larkspur, El Cerrito, CA 94530-2323 California 94939 City of Mill Valley 26 Corte Madera Avenue Mill Valley, CA 94941 Town of Ross P. O. Box 320 Ross, CA 94957 Town of San Anselmo 525 San Anselmo Avenue San Anselmo, CA 94960 City of San Rafael 1400 Fifth Avenue San Rafael, CA 94901-1943 City of Sausalito 420 Litho Street Sausalito, CA 94965 Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 City and County of San Francisco 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4641 County of San Mateo 555 County Center, First Floor Redwood City, CA 94063-1665 City of Brisbane 50 Park Place, Brisbane CA 94005 City of Burlingame 501 Primrose Road Burlingame, CA 94010-3997 Town of Colma 1198 El Camino Real Colma, CA 94014 City of Daly City 333 90th Street Daly City, CA 94015 Town of Hillsborough 1600 Floribunda Avenue Hillsborough, CA 94010 City of Millbrae 621 Magnolia Avenue Millbrae, CA 94030 City of Pacifica 170 Santa Maria Avenue Pacifica, CA 94044 City of San Bruno 567 El Camino Real San Bruno, CA 94066 City of San Mateo 330 West 20th Avenue San Mateo, CA 94403 City of South San Francisco P.O. Box 711 South San Francisco, CA 94083