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Home My WebLink AboutTC Digest 2010-04-16TOWN COUNCIL WEEKLY DIGEST Week of April 12 -16, 2010 Ti h» rnn 1. Letter - Marin Co. District Attorney - Grand Jury Report on the Marin Energy Authority 2. Email - Harvey Rogers - Progress at Blackie's Garden for March 2010 3. Letter - Tom Cromwell, M.D. - Request for Financial Assistance for Disaster Preparedness Efforts Agendas & Minutes 4. None Regional o a) Marin Hazardous & Solid Waste JPA - Request for Support - AB 2398 b) Marin Hazardous & Solid Waste JPA - Request for Support - AB 2139 c) Announcement - The Olson Company - Groundbreaking for San Jacinto villas d) Announcement - ABAG Spring General Assembly - April 22, 2010 e) Comcast California - March 2010 f) Estuary - Bay Delta Newsletter - April 2010 g) Letter - ABAG President - "Projections 2009" - Alternative Planning Scenarios and "Performance Target" - Greenfield Developments h) Letter - California Open Primary Act - End the Gridlock in Sacramento Agendas & Minutes i) None * Council Only 04/15/2010 09 13 FAX 415 499 6734 Harry G 9v~d M CNN 0"U" Wnwy ATTOOMT KaUlTyn U. Milchc0 0~ oow" 081ft cT ATTOPWY Rrdm" R. (Addi a"W856FECTM Peery M. 'l'oth 0MGMER TM DA OFFICE MARIN COUNTY Z001/003 I J OFFICE OF THE DISTRICT ATTORNEY DIGEST MARIN COUNTY, CALIFORNIA Pre►hention * PrMccution * Protection Edward S. Rerherian District Attorney April 15, 2010 FAX TRANSMITTAL, TO- Belvedere City Council Fairfax Town Council M-W Valley City Council Town of Ross San Anselmo Town Council San Rafael City Council 'T'own Council of Tiburon Sausalito City Council FROM: Ed Berberian, District Attorney Each of you was identified as receiving an advanced copy of the Grand Jury Report on the Marin Energy Authority. Attached is a copy of the press release/public statement on this subject. tL l~iyl ~ ~ rw~ l9 r» •~r•• MAIN OFFICE: 3501 CrVIC CCNTER ORNE, ROOM 130, 5AN RAFAEL, GA WWJ -*lvf 04/15/2010 09:13 FAX 415 499 6734 DA OFFICE MARIN COUNTY ,Barry C. Baden CHEF nEmp- warner ATIT~ Kathryn n Milchdl CHEF MM" DWTMff ArraaaE► Rawl R. Guidi CREW .arec,m OFFTCE OF TILE DISTRICT ATTORNEY MARTN COUNTY, CALTFORNTA 4 002/003 Prewenliun -k Prosecution * Protection Edward S. Berberian oixtrkt Attorney PRESS RELEASE DISTRICT ATTORNEY FINDS NO EVIDENCE THAT A GRAND JUROR ENGAGED IN ANY CONDUCT IN VIOLATION OF THEIR SWORN DUTIES REGARDING MARIN ENERGY AUTHORITY REPORT rew" Toth The Malin County District Attorney has concluded its inquiry into whether an individual, "~vw having a legal obligation to maintain confidentiality, prematurely disclosed a grand jury report titled "Merin Clean Energy: Pull the Plug." 'T'his inquiry did not fwd that any member of the currant civil grand jury engaged in any conduct in violation of their sworn duties or obligations. Penal Code section 924.1 prohibits, and potentially criminally sanctions, a grand juror if he or she willfully discloses any evidence adduced before the grand jury, or if the grand juror discloses anything he or she or other grand jurors have said, or if the grand juror discloses how any member of the grand jury voted on a matter before the grand jury. My inquiry did not find any evidence that this prohibition was violated Within their jurisdictional purview, the civil grand jury can investigate; and report on agencies and/or their programs. This authorization to investigate and report includes not only county departments, and its officials, but also joint power agencies. The Marin Energy Authority (MEA) is such a joint power agency. When a report is prepared, and before it is released to the public, the grand jury is required to provide a copy of the report to the affected agency at least two working days before its public release. Penal Code section 933.05(f) prohibits the affected public agency, its of ccrs or its governing body from disclosing any contents of the report before its public release. If evidence had been found UW an individual or agency identified in Penal Code section 933.05(f) did prematurely distribute the report there is no sanction for its violation. It was clear that the report in question was distributed publicly before its intended release date. However, no evidence was found that the individuals or agencies covered by the governing statute violated its provisions. Those who did engage in the distribution of the report before its public release date were individuals free to do so once the report came into their possession, regardless of how they obtained possession. Although no sanctionable violation of law was found, I did identify a couple of administrative shortcomings on how the report on Malin Clean Energy was distributed. Penal Code section 916 permits a grand jury to adopt its own rules of procedure. It is these rules of procedure I recommend the grand jury review and consider revising. Under Penal Code section 933-05(f), once the grand jury prepared its report on Malin Clean Energy, the affected agency, Le., the Marin Energy Authority (WA) needed to receive an MAIN OFFICE: 3501 CIVIC CEWER DRIVE. ROOM 130. SAN RAFAEI. CA %9034iM7 TEL (415) 499.64W FAX (415) 499.3719 04/15/2010 09:13 FAX 415 499 6734 DA OFFICE MARIN COUNTY Z003/003 Press Release Page 2 advance copy of the report. The Mann Clean Energy report was distributed to the affected agency on December 2, 2009, with the intended public release date being December 7, 2009. The following procedural actions occurred: l) Beyond the 19 sitting civil grand jurors, there were 49 advanced copies distributed. This number of copies was a greater number of advanced copies than normally occurs and greatly compromised the likelihood of maintaining confidentiality for the prescribed period. A more restricted distribution, still meeting the statutory notification requirements to the affected agency could have occurred; and 2) The advanced copy of the report was dated December 2, 2009. The cover letter, accompanying the advanced copy, stated the report would not be a public report until December 77 2009, and stated that those receiving the report were required to maintain its confidentiality for the proscribed period. The actual public release date of December 7, 2009, was only mentioned in the cover letter. Nothing in the advance copy of the report noted the distribution limitations. If the cover letter became separated, either accidentally or deliberately, from the advanced copy of the report, someone receiving the report, and noting the December 2nd date, could reasonably assume that the m-port was public on December 2nd. Edward S. Berberian Dated: April 13, 2010 District Attorney County of Marin (415) 499-6450 Page 1 of 1 DIGEST a Peggy Curran From: Harvey Rogers [harvnan2@sprynet.com] Sent: Thursday, April 01, 2010 1:49 PM To: 'George Rodericks'; Peggy Curran; 'Denise Bauer' Subject: FROM HARVEY ROGERS - PROGRESS AT BLACKIE'S GARDEN FOR MARCH Hi George, Peggy & Denise, Here is our progress at Blackie's Garden for March 2010: March brought us the greatest challenge this year - the deer have discovered our garden. Over $ 200 of our recent purchased were eaten to the ground by deer. They ate the small young tender succulent foliage to the ground - no time to get them established even though most were "deer proof' However 95% of our garden was established enough not to have any deer damage. So we learned a lesson. All new plants must be deer resistant, sprayed with deer repellent immediately after planting and a careful choice of those plants to avoid this again. One couple passed by the garden & said "you must install a 4 foot high deer fence all around the garden" That would only keep out a few lame deer - they can jump 8 feet + exclude access for work & take away the nice view we have of the garden. We will not install a deer fence, This months expenses should have been $ 200 less but we needed replacements. We will need hardly any new plant purchases until mid Sept. and then not so much. On March 29th we had drip lines attached to all the new plants and on almost as many we took off the drip lines to save water. From our recent work Jan through March you will eventually see MANY more colorful blooms than any time in the past but you must give them time to get established. We had many volunteer sessions for pruning, weeding & planting. SUBMITTED BY HARVEY ROGERS 4/14/2010 DR. THOMAS H. CROMWELL 59 Peninsula Road Belvedere, CA 94920 RECEIVED APR '13 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON George Rodericks 450 San Rafael Avenue Belvedere, CA 94920 Peggy Curran 1505 Tiburon Boulevard Tiburon, CA 94920 Petey Stein, President: Tiburon Peninsula Foundation PO Box 210 Belvedere-Tiburon, CA 94920 Bill Smith, President: Belvedere Community Foundation PO Box 484 Belvedere, CA 94920 Dear George, Peggy, Petey, and Bill: 4-10-10 In response to the threat of a natural disaster and potential isolation of the peninsula, our disaster preparedness efforts have been underway for a number of years. These efforts include: 1. Upgrading the skills, equipment, and manpower of the police and fire departments 2. Funding a full time disaster coordinator 3. Bimonthly meetings of the Belvedere/Tiburon Disaster Advisory Council 4. Development of the Get Ready Program designed to assist residents in sheltering in place in the even of a major disaster. The program originated in the Tiburon Fire Department and has now been adopted by the County of Marin and is offered by all Marin fire departments. 5. Development of an early warning system for the peninsula including a siren and upgrade of the emergency radio frequency. 6. Development of a first aid station in the Del Mar gym. We have recruited 50 resident physicians and nurses and are currently soliciting an equal number of non-medical volunteers to assist in that effort. Much of the above has been accomplished with volunteer time and dedication but we have now reached a point that we need some financial assistance from the community in order to take the first aid station to the next and final step. We need to procure a cache of durable medical equipment to be utilized by the volunteers in the event the station had to be activated. A mobile trailer containing similar equipment is stationed at Tiburon Fire Station #2 but is owned by the county and may not be available to the peninsula when needed. The equipment list is attached and will require a one time expenditure of approximately $25,000. Replacement costs should be minimal. A storage space dedicated to disaster preparedness was included in the construction of the gym and shelves have been installed by the Tiburon Fire Department. The cache does not include any controlled drugs and will be secured under lock and key. It is my hope that the cost can be divided equally by the City of Belvedere, Town of Tiburon, and the Belvedere and Tiburon Foundations. Laurie Gordon, our disaster coordinator, and I are available to discuss this issue before your respective groups if desired. We are well aware that budgets are tight but we are also aware that natural disasters are occurring with frightening regularity and with devastating results, witness Haiti, Chile, and most recently San Diego. Thank you for yo consid eration. I may be contacted at 435-2069. E Thomas H. Cromwell, M.D. Chair: Belvedere/Tiburon Disaster Advisory Council DIGEST MARIN COUNTY HAZARDOUS AND SOLID WASTE , MANAGEMENT JOINT POWERS AUTHORITY Belvedere: Date: March 10, 2010 George Rodericks RECEIVED Assembly Member Wesley Chesbro Corte Madera: State Capitol David Bracken P.O. Box 942849 APR -14 2010 County of Marin: Sacramento, CA 94249-0001 TOWN MANAGERS OFF Matthew Hymel TOWN OF TIBURON ICE Submitted via fax: (916) 319-2101 Fairfax: Michael Rock Re: AB 2139 (Chesbro) Support - Product Stewardship Act Larkspur: Dear Assembly Member Chesbro, Robert Sinnot Mill Valley: The Marin County Hazardous and Solid Waste Management Joint Powers Wayne Bush Authority (JPA) is a regional agency formed following AB 939 to ensure proper handling of waste in Marin County. JPA membership includes all Novato: Frank of Marin's cities and the County of Marin. Ross: The JPA is a participant in the California Product Stewardship Council Gary Broad (CPSC) and passed a resolution (attached), which endorses Extended San Anselmo Producer Responsibility (EPR) policies, initiatives and statewide : Debbie Stutsman legislation. San Rafael: The JPA joins CPSC in strong support of AB 2139. This bill establishes Ken Nordhoff an EPR Framework that provides producers the flexibility to customize individual product stewardship plans and implement the most effective and Sausalito: Adam Politzer cost-efficient approach for any particular product of category of products. The initial products targeted including hypodermic needles, household Tiburon: pesticides, and small propane tanks, which are wastes that pose a threat Margaret Curran to the environment and directly impact local Household Hazardous Waste programs. When manufacturers are responsible for ensuring their products are recycled responsibly there is a strong incentive to design and market products that are more durable, easier to recycle, and less toxic. Sincerely, P Michael Frost Executive Director Cc: JPA Board Members Assembly Member Jared Huffman Attachment F:\Waste\JPA\Legisiative Support\AB 2139.doc Marin County Department of Public Works, P.O. Box 4186, San Rafael, CA 94913 Phone: 415/499-6647 - FAX 415/446-7373 G E T MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY Belvedere: Date: April 9, 2010 George Rodericks RECEIVED Corte Madera: Assembly Member John Perez David Bracken. State Capitol APR '14 2010 P.O. Box 942849 TOWN MANAGERS OFFICE County of Marin: Sacramento, CA 94249-0046 TOWN OFTIBURON Matthew Hymel Fairfax: Submitted via fax: (916) 319-2146 Michael Rock Re: AB 2398 (Perez) Support- Carpet Product Stewardship Act Larkspur: Robert Sinnot Dear Assembly Member Perez, Mill Valley: Wayne Bush The Marin County Hazardous and Solid Waste Management Joint Powers Authority (JPA) is a regional agency formed following AB 939 to ensure Novato: proper handling of waste in Marin County. JPA membership includes all Michael Frank of Marin's cities and the County of Marin. Ross: Gary Broad The JPA is a participant in the California Product Stewardship Council (CPSC) and passed a resolution (attached), which endorses Extended San Anselmo: Producer Responsibility (EPR) policies, initiatives and statewide Debbie Stutsman legislation. San Rafael: Ken Nordhoff The JPA joins CPSC in strong support of AB 2398. Carpet is a product that consumes significant California landfill space. Recycling carpet results Sausalito: in significant energy and greenhouse gas reduction. AB 2398 would Adam Politzer require carpet manufacturers to design, fund and operate a program to Tiburon: properly manage the carpet they sell in California. This measure would Margaret Curran significantly reduce the environmental impacts of carpet, as well as reduce volume to landfills and create jobs in recycling. When manufacturers are responsible for ensuring their products are recycled responsibly there is a strong incentive to design and market products that are more durable, easier to recycle, and less toxic SincerelLrost~ Michael Executive Director Cc: JPA Board Members Assembly Member Jared Huffman Attachment FAWaste\JPA\Legislative Support\AB 2398.doc 4~- Marin County Department of Public Works, P.O. Box 4186, San Rafael, CA 94913 Phone: 415/499-6647 - FAX 415/446-7373 RESOLUTION NO. 07-02 MARIN COUNTY HAZARDOUS AND SOLID WASTE MANAGEMENT JOINT POWERS AUTHORITY RESOLUTION SUPPORTING STATEWIDE, LOCAL AND REGIONAL EFFORTS TO HOLD PRODUCERS RESPONSIBLE FOR PRODUCT WASTE STARTING WITH TOXIC PRODUCTS DEFINED AS UNIVERSAL WASTE WHEREAS, On February 8, 2006, a state law took effect that made it illegal to dispose of items defined as "universal waste," in the garbage. Universal waste includes household batteries, fluorescent bulbs or tubes, thermostats, other items. that contain mercury, as well as electronic devices including VCRs, microwaves, cellular phones, cordless phones, printers, and radios; and WHEREAS, collecting and disposing of these products, and implementing a public awareness campaign to prevent these banned items from going into the trash will cost Marin County ever increasing amounts of money; and WHEREAS, When additional products are declared as hazardous by the State the burden to manage these items will fall to local jurisdictions; and WHEREAS, There are significant environmental and human health impacts associated with household products that contain toxic ingredients, including mercury, lead, cadmium and other toxic chemicals that when disposed of improperly can contaminate water supplies; and WHEREAS, By covering the costs of collection and disposal, local governments are subsidizing the production of waste because manufacturers know that whatever they produce the local governments will foot the bill for recycling or disposal; and WHEREAS, Extended Producer Responsibility is an environmental policy approach in which producers assume responsibility-financial and/or physical- for the management of post-consumer products, so that those who produce and use products bear the costs of recycling and proper disposal; and WHEREAS, When brand owners are responsible for ensuring their products are recycled responsibly, and when health and environmental costs are included in the product price, there is a strong incentive to design and purchase goods that are more durable, easier to recycle, and less toxic; and WHEREAS, It is timely to develop and support extended producer responsibility legislation to address the universal waste sector of the waste stream first in response to the state ban on universal waste from household disposal; and WHEREAS, on April 26, 2006 the Marin County Hazardous and Solid Waste Management Joint Powers Authority Executive Committee approved a motion to add to staff's work plan, participation in a regional group to lobby the State for product take back and EPR legislation; now, therefore be it RESOLVED, That the Marin County Hazardous and Solid Waste Management Joint Powers Authority urges representatives in Sacramento to pursue statewide extended producer responsibility legislation targeted at universal waste that will give incentives for the redesign of products to make them less toxic, and shift the cost for recycling and proper disposal of products from the local government-to the producer and distributor of the product; and, be it FURTHER RESOLVED, That the Joint Powers Authority and its member agencies develop producer responsibility policies such as leasing products rather than purchasing them, and requiring the manufacturers of products to offer less toxic alternatives, and to take responsibility for collecting and recycling their products at the end of their useful life; and, be it FURTHER RESOLVED, that the Marin County Hazardous and Solid Waste Management Joint Powers Authority will continue to support extended producer responsibility initiatives and statewide legislation beyond universal waste to cover areas including other hazardous products, bulky packaging, and items like plastics and multi-material products that are difficult to recycle. AYES: Nordhoff, Bonander, Broad, Keen, Rodericks, Montgomery, Hymel, Stutsman, Whitson - NOES: None ABSENT: Kelly, Bracken Date: Debbie Stutsman, Chair ATTEST: FAWaste\ASoulard\Zero WasteNarin EPR DOC.doc