HomeMy WebLinkAboutTC Digest 2013-10-11TOWN COUNCIL WEEKLY DIGEST
Week of October 7 —11, 2013
1. Letter — Tiburon Peninsula Foundation — Final Report — Carol Ann and
Dennis Rockey Fund Grant
2. Letter — Michael J. Scippa — Recognition of Decision to Disallow Alcohol after
the Half Marathon on November 3, 2013
Agendas & Minutes
3. Minutes — Design Review Board — September 19, 2013
4. Action Minutes — Design Review Board — October 3, 2013
5. Agenda — Design Review Board — October 17, 2013
a) Letter — Senator Alex Padilla — Request for Support of Senate Bill 405 Phasing Out
Single-Use Plastic Bags in California
b) Letter — Dept. Veterans Affairs — Communication with City Employees in Time for
Veterans Day
c) Letter — Metropolitan Transportation Commission — Steps to Mitigate Effect of
Possible Bart Strike
d) Invitation —10th Annual Cope Banquet — Dec. 5, 2013
e) Western City Magazine — October 2013 *
0 Bay Area Monitor — LWV Newsletter — September/October 2013
Agendas & Minutes
g) None
* Council Only
Tiburon
October 3, 2013
Peninsula
Foundation
To: Bonnie Grossman, Marin Community Foundation
P.O. Box 210
Belvedere - Tiburon,
From: Arlene M. Nielsen, Tiburon Peninsula Foundation
CA 94920
Re: Final Report, Carol Ann and Dennis Rockey Fund Grant
We received this grant of $25,000 from the Carol Ann and Dennis Rockey Fund
to clear, clean and beautify the area around the old railroad track berm at
THE BOARD
Blackie's Pasture in Tiburon.
Sonja Bohannon
The area had become overgrown and unattractive. The trestle remains at the end
Leslie Doyle
of the berm, an important historical element for a town that began as the railroad
David Holscher
connection between the North Bay and San Francisco, were falling. The Town of
Art Kern
Tiburon had tried over the years to get agreement on a master plan and one was
Elizabeth Kilgore
prepared in 1982. It was very ambitious and expensive and many objected that it
Ed Lynch
did not respect the historical elements.
Arlene Nielsen
Steve Sears
The Tiburon Peninsula Foundation has traditionally been the "stewards of
Jeff Smith
Blackie's Pasture." Dennis and Carol Ann Rockey knew us when we fundraised
Petey Stein
for Blackie's statue and began planning and supporting community events there.
Jim Wood
Carol Ann and Dennis Rockey would now be proud of Blackie's Trestle Berm!
We were not asked to publicize their contribution but we were happy and honored
to always show our appreciation for this very generous grant. This project could
EMERITUS
not have been accomplished without these funds.
As we stated upon receipt, we were confident the money could be put to good use.
Mogens Bach
The Tiburon Peninsula Foundation has no staff but has a long history of working
Piper Berger
With volunteers and of partnering with others to accomplish our goals. We have
Robin Daly
spent $21,906.57. The Town of Tiburon paid the $3,450 cost of the hydro
George Gnoss
seeding. The Master Gardeners contributed the materials for the seed balls.
Barbara Mathew
Jim Mitchell
The pending projects, already in the planning stage, will be more than the
Sylvia Ross
$3,093.43 remaining from the Grant. The Tiburon Peninsula Foundations will
Larry Smith
supplement any monies needed.
Gary Spratling
Expenses
Payee
Amount
Purpose
Garcia's Landscaping_
$ 7,961.18
Ve etation, cutting, chipping, disposing.
Redwood Engineering
$12,707.89
Debris collection & disposal.
Contouring and leveling.
Erosion control & drainage.
Kristin Jakob
$ 262.50
Horticultural consultation
Historical plaque stands
$ 975.00
2 cortan steel stands for plaques
TOTAL:
$21,906.57
We have not monetized the volunteer contributions.
• Ed Lynch, TPF Vice President (2010 -2012) Tiburon Fire Battalion Chief,
supervised Phases III and IV, the cleaning and contouring,
• Cristina Poindexter, Graduate Engineering Student, UC, prepared the elevations
to restore the area to the 1982 map as required by the Town.
• Harvey Rogers and James Campbell supervised Phase V, the beautification,
• Dave Gotz, Landmarks, spent several days clearing broom and vegetation and
supervised the stabilization of the trestle remains.
• James Campbell and the Peninsula Master Gardeners organized the making of the
seed balls at Reed School and the fain Seed Toss at the Berm.
Tiburon Peninsula Foundation pai s in this project are:
• The Town of Tiburon
• The Belvedere Tiburon Landmarks Society
• The local chapter of Master Gardeners
Phase I:
Determining the Scope:
The area around and on top of the old railroad berm had become so covered with
vegetation that it was impossible to make an intelligent plan without clearing it first.
Tiburon Town Council and staff had faith in us and allowed us to proceed with an
exploration. They agreed that the first step would be to clear away the growth and see
what was there. They were very helpful in facilitating this process. We had to get the
endorsement of the Parks and Open Space Committee and final approval from the
Council. Staff provided guidance and maps. All fees were waived.
Phase II:
Clearing the area.
We set out to remove the vegetation in order to find out what was hidden by all the
growth on top and on the sides of the berm and also the area surrounding it. With the help
of volunteers, principally led by Dave Gotz, Landmarks' Archivist, we started this
undertaking. Soon we learned that professional assistance was needed. We contracted
with Garcia's Landscaping Company. They chopped and cut and cleared several
truckloads of vegetation that were taken to the dump to be recycled. Jim Wood, of the
Green Team, and now on the TPF board, introduced us to this very competent landscape
company and we were able to negotiate a good price.
Phase III:
Cleaning the_a_rea of debris.
To no one's surprise, we discovered mounds of dirt, discarded tree stumps and posts,
broken concrete slabs... We learned we needed to bring a tractor and a large dump truck
to remove the remaining debris. We contracted with Redwood Engincerin to haul away
several large truckloads. TPF Vice President, Battalion Chief Ed Lynch, was able to
negotiate very favorably with this local company.
Phase IV:
Restoring the contour of the land as much as possible to the plan the Town of Tiburon
had on file from 1982.
Essential conditions were: a) safety, b) good drainage and c) ease in maintaining the area.
Mounds of dirt had been dumped altering the flow of water on the slope. A graduate
student in engineering at UC Berkeley, Cristina Poindexter, volunteered and provided us
with the proper elevations to restore the grading according to the record map. We were
again able to contract with Redwood Engineering to do the grading of the ground around
the berm. Ed Lynch worked with Town Public Works staff to insure the drainage was
properly connected and he supervised the leveling including doing away with several
dangerous improvised bike ramps that had been created.
Phase V:
Beautifying the area and protecting it from harmful erosion.
Following the advise of our partner, Harvey Rogers, long time Master Gardener and
prime mover and creator of Blackie's Garden, we decided to hydro seed the area with a
mixture of wildflower seeds. We retained a native plant specialist to advise us and, with
Harvey's assistance, we contracted with a hydro seeding company, Freedlun
Hydroseeding. The Town of Tiburon covered this cost of $2,250. We also had great
volunteer help from James Campbell and other Master Gardeners, and the children of
Reed School. They made seed balls of a mixture of wild flower seeds and clay and
organized a fun seed toss on the sides of the berm.
Unfortunately, the rain did not come at the perfect time so we did not have the gorgeous
display we had hoped. The California poppies did come through and we had no erosion
problems.
Pending projects in Phase V:
The Town asked us to help "beautify" the side of the road at Trestle Glen and we
facilitated meetings with Town staff and our Master Gardeners partners. Last spring, we
were prepared to help implement their proposals. However, the Town embarked on a
major re design of all signs and approaches to the downtown, and the plans for the road
side along the curve at Blackie's have been delayed. The Town Council and staff are
currently planning a major campaign to beautify the medians along Tiburon Blvd. and we
assume this will also include our earlier plans.
When we were discussing the hydro seeding process, we briefly explored other ways to
prepare the soil and broadcast wildflower seeds. We hope this coming year we can try
again perhaps on a smaller area.
Phase VI:
Stabilize the remains of the trestle the wooden structure at the end of the berm.
This was a very important goal for our partners, the Belvedere- Tiburon Landmarks
Society. David Gotz, Landmarks' Archivist, investigated the proper procedures that
needed to be followed and, at their request and under Dave's supervision, we again
contracted with Redwood Engineering to buttress the structure. Dave was able to get
several discarded telephone poles donated.
Phase VII:
Placement of historical/instructional plaques. Pending.
The iron stands have been purchased. TPF and Landmarks have partnered in the past in
the creating and installing a series of "then and now" plaques along the old railroad
tracks, now a historical path. Dave has located a fabulous picture in the Archives of a
young boy standing on the old tracks. We had hoped to place this ON the berm, near the
restored remains and on the exact spot from where the picture had been taken; however,
Town staff has determined that the location would not be appropriate since it would be
prohibitively expensive to comply with all the ADA requirements. Based on our
experience creating, manufacturing and installing other historical plaques, we have
budgeted $4,000 to place one near the remains of the trestle bridge. We will have to find
a location at the base of the berm and go through the permitting process to build a cement
pad and install the stand and plaque.
We will also be working with the Master Gardeners to create and install an instructional
plaque.
Other remaining work:
We did not clear the inside corner of the angle formed by the berm and Tiburon Blvd.
principally because we worried about not being able to cover all before the rains arrived
but also because we thought we would not have enough money to address it.
We do plan to finish clearing and cleaning the last portion of the north side of the berm
where it makes a narrowing angle between it and Tiburon Blvd. We have budgeted an
additional $5,000 to complement the $25,000 of the original grant for this.
Town Manager, Peggy Curran, seemed receptive to a proposal to hire a flock of goats to
clear the inside and to trim the sides and top of the berm. The tenacious invasive broom
now covering the corner would not have a chance of surviving!
The final goal is to leave the entire area so that it can be maintained clear and beautiful on
an ongoing basis. Tiburon Public Works has incorporated most of the area we were able
to clear into their maintenance schedule and now mow the flat areas. We have not yet
finalized a plan for the sides and top of the berm that may have to be done with weed
eaters.
Acknowledgements:
Peggy Curran, Tiburon Town Manager, was supportive and encouraging from the very
beginning. She instructed staff to assist us as much as possible.
David Gotz, Archivist, Belvedere Tiburon Landmarks Society, was the most diligent
volunteer. He enthusiastically showed up with his chain saw when we attempted to clear
the top of the berm. He had the vision on how to properly stabilize the remains.
Harvey Rogers, Master Gardener Supreme, the creative genius behind Blackie's Garden,
a beautiful demonstration garden at the entrance to the Pasture, has been a long time
partner of the Tiburon Peninsula Foundation. He joined the team with courage and
unflagging enthusiasm and was our technical supervisor during the beautification phase.
James Campbell, Master Gardener, was the inspiration and leader of the seed toss project.
He enlisted Reed School children, supervised the making of the seeds and organized the
tossing of the balls on the side of the berm.
Ed Lynch, Battalion Chief, Tiburon Fire and Vice President of the Tiburon Peninsula
Foundation (1910 -1912) was indispensable with his knowledge of the practical aspects of
clearing, hauling and grading. He was the first line of supervision during the cleaning,
leveling and grading phases. His many local contacts and friendships greatly facilitated
our progress.
Attaclunents to official report:
1. Financial documentation
2. Official correspondence, chronological
3. Correspondence with Tammie Fraser, Trustee of Rockey Fund
4. Newspaper coverage
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http://maii.alcohoijustice.org/#1
Dear Council Members, DIGEST Qd
You make me proud to be a resident of Tiburon (since 1974).
Your recent decision to not allow alcohol after the Half Marathon &5K race coming up on Nov. 3 was bold
and enlightened and deserves greater recognition.
On behalf of Alcohol Justice and myself, I invite you to our next Board meeting which will be held on
Friday October 18, 2013, at the Tiburon Lodge, to receive a token of our appreciation for keeping the
event "family friendly."
We are still putting the finishing touches on our meeting agenda but can tentatively say the award would
be made at 1:30 p.m. to whomever can be there to represent you all.
Please let me know if you can make it.
Kind regards, E C E
Michael / - 11
si -, 3 OZ013
L-
TOWN CLERK
TOWN OF TIBURON
Michael J. Scippa
Public Affairs Director
Alcohol Justice
Michaels@AlcohoiJustice.org
415/257-2490 (D)
415/548-0492 (C)
ALCOHOL
jusinCE,
alcoholjustice.r.,l g
Michael J. Scippa
Director of Public Affairs
michaeis@alcoholiustice.org 24 Belvedere Street
tel 415-257-2490 San Rafael, CA 94901,,
cell 415-548-0492 I f reecursports.org
fax 415-456-0491
alcopopfreezone.us
1 of 1
alcohoijustice.org
. I G"' E S T a3e
MINUTES #15
The meeting was called to order at 7:00 p.m. by Chair Chong.
A. ROLL CALL
Present: Chair Chong, Vice Chair Cousins, Boardmembers Emberson, Kricensky and
Tollini
Absent: None
Ex- Officio: Director of Community Development Anderson, Assistant Plainer O'Malley, and
Minutes Clerk Harper
B. PUBLIC COMMENTS - None
C. STAFF BRIEFING - None
26 APOLLO ROAM: File No. 713039, Suzanna and Nikita Bell, Owners; Site Plan and
Architectural Review for construction of a new single - family dwelling. The new two -
story house would include four bedrooms, three bathrooms, a living room, dining room,
kitchen, family room and a one -car garage. The project would increase the floor area by
1,901 square feet to a total of 2,861 square feet of living space. The lot coverage would
increase to 2,421 square feet (28.1 %) of the site. Assessor's Parcel No. 034 - 271 -13.
Chair Chong provided a brief introduction and recap of the item, which had been continued from
the Board meeting of July 18, 2013.
Jim Rizzo, project designer, thanked the Board for hearing this revision and said that he took the
Board's earlier recommendations to revise the building to better blend in with the existing
neighborhoods. He stated that Mr. Bell could not attend the meeting. Mr. Rizzo presented a
graphic of all two - story homes in the neighborhood, identifying their sizes and locations, and
said that there are four two -story homes in the center of the neighborhood , the nearest situated
about 100 feet away from the proposed project. He said that the graphic showed at least 50
neighbors in support of the project, including all but one of the neighbors surrounding the
property. He noted that there are second stories in the vicinity of their property and they had
significantly redesigned the fagade to lessen the volume and to feel more in keeping with the
neighborhood.
He referenced a letter from Marti Andrews and asked why opposing community members feel
they are entitled to design the Bell's project and take away their dreams. He said that although
the height limit is 30 feet, the proposed house would be 23 feet tall and they were trying to keep
the building volume down. He suggested letting the Town's legislative review process detennine
TIBURON D.R.B. MINUTES #15 9/19/2013
the outcome of this proposal and not the community, which is split. He said that the zoning
ordinance says that they can build the project and the Bell's would like to build a second story
for their family. He said that they want to maintain green space for their children and they
believe it is the right design for the property.
Mr. Rizzo referred to the revised plans and the concessions made to reduce the entire building
volume by 19% to lessen the impact of views to the hills. He said that they maintained the Thors'
views the best that they could while maintaining the program of the second story. He stated that
they would use a hip roof with shed dormers that would also make the building more charming.
He said that they softened the entrance with a trellis and landscaping. He said that the building
height was reduced 4'6" from the original design which would be 7 feet less than the maximum
allowable height, and the house would comply with all setback restrictions. He said that they also
moved the main living space forward 6.5 feet to lessen the impact of noise to the neighbors and
they did the best they could with bedrooms upstairs. He said that the bedrooms are secondary
spaces and if there was going to be a second story they felt it would be less of an impact to put
the children's bedrooms upstairs and not a master suite with potential for a balcony.
Suzanna Bell, applicant, said that she was sorry to have missed the last meeting and was
disappointed that they did get approved because she thought they followed everything to code
and that the majority of the immediate neighbors were in support. She said that her biggest
disappointment was the neighborhood war that is going on. She hoped that the DRB could focus
on the project and said that this was not about the neighborhood. She said that neighbors who
were against second stories should go to a higher level of the Town and try to put in a rule about
that for the future, but today she felt that their property is perfect for a second story. She said that
the house would be more than 70 feet away from the closest neighbor.
Chair Chong stated that he recognized that this is an emotional and polarizing application. He
asked for everyone to be professional and neighborly. He said that the Board had read all letters.
Lastly, he stated that this was not a popularity contest and he asked that audience members not
clap or cheer. He said that the Board was most interested in the most specific concerns about the
revised design, noting that the minutes include all comments from the last meeting and design.
Dana Thor said that she and her husband Ed share 2/3 of the fence with the Bells and would be
adversely affected by the huge looming structure being proposed. She said that the applicants
were advised by the Board not to return with a two -story design yet they have persisted in doing
so. She said that one of the four cornerstones of good planning and design is to ensure that a new
design fits in with the surrounding community, protecting not only the applicant, but the
surrounding neighbors. She said that the proposed second story would destroy their privacy and
quality of life as it would look into every livable space in their home including their master
bedroom. She stated that their home was renovated with tall windows and French doors,
designed to take advantage of their yard and patio and the privacy that they currently leave. She
said that a second story would take away their view of Ring Mountain which is a landmark to the
residents of Tiburon, especially in their Belveron East neighborhood, and one of the main
reasons they purchased their home. She said that she and her husband are supporters of good
design and improvement but not at the expense of any neighbors. She said that good neighbors
always take into consideration how their actions will affect others.
TIBURON D.R.B. MINUTES #I5 9/19/2013
Linda Hevern said that at the July 18"' meeting the DRB advised the applicants not to resubmit
an altered two -story design and instead submit a one -story design. She thought that the Board
should stand by their previous direction instead of bowing to an attempt to wear down the Board
with a resubmission of a two -story design. She said that the crux of this issue was the effect on
neighbors of additional two -story homes in the interior and flat area of Belveron East. She felt
that future requests for second story homes in the interior of Belveron. East should be exceptions
as a rule and provide that two -story structures do not affect the views, privacy and home value of
surrounding neighbors. She said that the Thors would be affected in all of these ways. She said
that if this situation was reversed, the applicants would oppose the second story because it would
take away their views and would be a detriment to their privacy.
Keri Bosch said that she recently did a similar renovation for her home in Belvedere and they
reduced the bulk and mass as the applicants did and now their neighbors are very happy. She said
that she lives in a very small house and the most cherished point of their property is their
backyard and she thought that it is important to have an area for kids to play safely. She said that
all the applicants want is a little more space for their family and she felt that the Town should
allow that. She thought that the Bells have done a good job in reducing the bulk and mass and the
house would look charming.
Catherine Soper said that she cannot compare this neighborhood to the one that she lived in an
affluent Boston community with two -story Cape Cod homes on very small lots. She said that she
has a one -story home and has no privacy, as she hears her neighbors behind her in their one -story
homes. She said that the dynamics of the neighborhood are changing and people have different
needs. She said that a beautiful two -story home would fit the applicants' needs and would
improve the neighborhood.
Melissa Hopps, said that she understood that the applicants want to build a nice house for their
family, but many neighbors have raised their kids without a huge yard. She was concerned that if
two -story homes were allowed in one section where neighbors supported them or where there
were already two -story homes, eventually such homes would come down to her end and open up
a can of worms. She understood that this was upsetting for the Bells and the entire neighborhood,
but she felt that they can live in a one -story home. She said that there are some beautiful one -
story homes in the neighborhood that are very spacious. She said that they all have views and she
would like to preserve what she has and supported the Thors' concerns.
Devin Bosch said that he and his wife live on two -story homes on 7,500 square foot lots and said
that people close draperies and give each other privacy. He said that design is important to the
community, as there are families that want to move in the area and they do not want to have their
children play in the street, as one accident would make people ask why the Town did not allow
them to have a second story. He said that the Board should consider that the Bell's three kids
want to play in the backyard. He felt that this design would increase property values and more
families will want to come to the neighborhood. He said that the Bell's existing house is tiny and
it was important to set a precedent to let the neighborhood know that it is okay to bring families
in there. He said that many of those opposed to the project do not have kids now that live in their
homes. He thought that this would be a very lovely house and he hoped that the Board thinks
about the future.
TIBURON D.R.B. MINUTES #25 9/19/2013
Jill. Arcuri said that she supported the project. She said that based on what she has read and
heard, the Bells have followed the guidelines and the codes. She was concerned that the
neighbors were interfering with the design but she understood how the project could affect the
one neighbor. She was upset that this was wrecking the sense of community. She discussed
concerns about traffic safety of Apollo Road with cars speeding down the road and kids in the
street. She said that she understood the need for privacy but felt that the applicants modified their
design and lowered the house. Regarding privacy, she said that she hears her backyard neighbor
that has a one -story house and it does not bother her. She felt that other families will not want to
buy a house to remodel if people will tell them they carnlot rebuild it the way they want to build.
Katie Vasieek expressed her and her husband's support for the project. They felt that the changes
to the home would positively impact the neighborhood and the surrounding community. She said
that they moved to the neighborhood in 2006 and at this time it was apparent that the area was in
transition. She said that since that time, many small homes have slowly been transforriled to
beautifully updated homes that have helped make the neighborhood more appealing. She said
that today, families pay a premium for their properties and have expectations that they can
someday renovate. She felt that it would be unfair to deny the applicants or any other
homeowner the right to upgrade their homes as they wish when they are working within building
regulations set by the City. She felt that the project would be a great addition to the
neighborhood and the partial second story would only add positively to the architectural diversity
of the neighborhood. She said that there are many other two -story homes in Belveron. She urged
the Board to approve the project because the design would enhance their neighborhood and
potential homebuyers will be more likely to invest here if they know they can design a home
within the regulated standards. She said that encouraging and investing in this neighborhood will
bring property values up throughout the neighborhood and positively benefit the Town through
increased property taxes and building permits and fees. She said that allowing partial two -story
homes would save more green space and increase access to outdoor living and healthy lifestyles
for families. She strongly urged the Board to approve the project.
Barr Haney said that he is an active real estate agent in the community and knows the Tiburon
market extremely well and he was shocked that they were having this conversation. He voiced
his support of the project and believed that people do not move to the flats of any city for views
or privacy. He said that if people want views, they buy on a hill and if they want privacy, they
buy a bigger lot elsewhere. He said that this is a family neighborhood where it is a community
and people are not worried about views or privacy. He said that on this 8,600+ square foot
pancake flat lot the fact that the applicants might be limited to a single story home in a
neighborhood with other second story homes was shocking, especially when the Town's
ordinance allows second stories. He noted that the design had been reduced in height to 2' ) feet
and concessions have been made. He said that a two -story home with a smaller footprint is more
valuable than taking up and sacrificing the yard. He felt that this was very big for this and any
neighborhood in Marin and he could not believe that there is opposition. He suggested closing
windows at night or planting trees for privacy and he felt that the Bells had done everything to be
as respectful as possible.
John Levenllagen voiced support of the project. He said that she has lived in the neighborhood
since 1965 and has seen many two stories go up. He thought that the project design is respectful,
attractive and does not invade the privacy of any homes. He said that he had concerns when the
TIBURON D.R.B. MINUTES #15 9/19/2013
two -story homes were being built next to him but he has never experienced invasion of privacy.
Regarding the yard, he said that he likes it when kids are in the back and having fun and when
they are in the street it scares everyone. He asked that the Board support the project so the Bells
can keep their yard.
Diane Larson said that a second story home would affect the Thors and the second story is the
issue and not the design. She felt that a second story home was not appropriate in that location
given the effect it would have on their neighbor. She said that the Thors' house is designed for an
indoor /outdoor lifestyle with large windows and opens out completely into their backyard. She
said that invasion of privacy involves a perception that one cannot walk from one room of the
house to the other end of the house in full view of large, high windows without having a robe on
because they know there is a second story with an easy vantage point into their home. She felt
that the lots are plenty large enough to expand in a single story style and still have a back yard.
She said that there was never an issue of children playing in the streets until recent years, which
she does not understand. She said that Belveron is a community and two -story homes within the
interior are an issue. She said that Belveron was developed with the back side of Mercury
Avenue higher than Apollo Road, with Apollo Roads higher than Juno Road, for water drainage.
She said that homeowners should have a right to develop their homes, but the applicants' lot size
is adequate and she felt that a home should not be designed to affect its neighbors.
Marti Andrews said that she was sorry that they were back here rehashing what should have been
settled. She said that this was not personal and not about popularity either, but about respect for
neighbors, DRB's views, and privacy. She said that this was not Belveron West or Belvedere,
but Belveron East, where there are 4 two -story homes in the interior right now. She said that
none of the neighbors were impacted by two of these homes, as one was built in the 1960's
before the DRB existed, and one is on a corner lot where the owners worked with the neighbors
and accommodated their design accordingly. She said that this issue has divided the community
terribly simply because one family does not choose to respect their neighbors. She said that many
people in the neighborhood have told her that they cannot oppose the two -story plan since their
children play and /or go to school with the applicants' children.
Jon Welner disclosed that he is a Plamming Commissioner and was told that he was able to testify
tonight. He thought that in the course of the testimony there was an effort to portray the
opponents of this project as being the old neighborhood and the proponents of the project as
being the new neighborhood, and he strongly felt that this was not the case. He said that he lives
in a 1,100 square foot home with three small children and they also plan to remodel their home
someday. However, he objected to the outrageous way the plan has gone forward to remodel the
home at the expense of the neighborhood and the im nediate neighbors. He noted that points
were repeatedly made that the applicants have followed all codes and that this is about the
project and not the neighborhood. He disagreed with both of these points, stating that the reason
there is a DRB is because one can adhere to the letter of the code, yet something can be out of
character with the neighborhood or be unfair. He said that they are asking that the Board look at
the plan objectively and ask whether it is fair to the Thors, and whether it is consistent with the
character of the neighborhood. He said that the reason that kids play in the street is because it is a
public space and they are being neighborly, not because there is no room on their lot. He
objected to the strategy where an applicant comes in with an outrageously large project knowing
that they will be rejected so that they can leave, come back with a smaller project, and get what
TIBURON D.R.B. MINUTES #15 9/19/2013
they want. He felt that this is a transparent strategy that wears people down to which he strongly
objects and he thought that the Board should, too.
Margaux Geitheim, 63 Mercury Avenue, said this project is right around the conger from her
house. She is fully in support of it. She does not know the details necessarily but, at today's
prices, once you pay this kind of money it is not fair to say this is only for the rich people and
poor people must stay within a one - story home. The first floor houses often cover 80% of the lot
and if there is more flooding, there is less ground to absorb the rainwater. This is a plus when
going up to two stories. She does not know the Bells but thinks the people spend a lot of money
these days and other communities with smaller lots are building two stories and it is fine, and she
is in support of it.
Matt Richter said that he is neighbor who is an architect and has worked in the neighborhood on
one -story and two -story remodels. As a 15 year resident in the neighborhood with kids that he
raised from age 4 to 15 and 17, he said that he supported the project for a two -story home in the
interior of the neighborhood. He felt that it was inconsistent for the DRB to approve two -story
projects over the last 5 to 6 years and now say they cannot be done on the interior of the
neighborhood. He thought that it was important for people have the right to develop their
property. He said that the home would block some views to some extent and would be different
neighbors directly behind them, but he felt that this was something that needs to happen in the
neighborhood. He said that kids will play in the street anyway and this is not an issue, but it the
issues were about the zoning ordinance and view corridors.
Karen Carrera said that she is an attorney and stated that at the last hearing it was represented
that there are only 7 two -story homes in Belveron and there are actually 22 two -story homes in
Belveron East and West. She said that Belveron East has 14 two -story homes, with 8 located in
the center of the neighborhood and 6 on the parameter of the neighborhood. She said that
Belveron West has 8 two -story homes, with 3 located in the center of the neighborhood and 5 on
the parameter. She disagreed that two -story homes should only approved on the perimeter, as
there is a precedent set by 11 two -story homes in the interior of Belveron East and West. She
said that there was no legal basis to support this capricious position and referenced Section 4,
Chapter 16; Zoning Height Limits of Tiburon Municipal Code. She said that while the Board has
the authority to approve variances, it does not have the authority to create arbitrary codes or
create regulations. She said that failure by the Board to follow the code adversely impacts
property values and may expose the Town to liability. She believed that it was wrong for the
Board to quash development that is clearly with the guidelines. She hoped that the Board
understood that the neighborhood is changing and younger families should not be discouraged
from remodeling their homes. She felt that second stories are important to maintaining a yard and
thus, the integrity of the neighborhood. She said that the project should be approved based on
precedent alone and because the project complies with the codes and would be within the height
limit. She said that statements by the DRB at the last meeting suggesting possible approval of
variances may also expose the Town to liability by adversely affecting property values. She
believed that the Belveron Homeowners Association does not have authority to take a position
on this project as was insinuated at the last meeting. She said that the HOA comprises all
neighbors and should not take a position against any neighbors. She supported the project and
felt that the Board should approve it with the changes that have been made.
TIBURON D.R.B. MINUTES #15 9/19/2013
Christina Wollan said that what she loves about this project is that it is being developed and
financed by a young family that wants to live and raise their kids in the neighborhood. She said
that there are about 26 kids who run up and down Apollo Road every day, two of which are hers.
She said that it was a little bit disingenuous to pretend any of their houses have any privacy with
8 foot side yard setbacks. She was worried that if the Town does approve this project, the only
people who will invest in the neighborhood will be the flippers who come in and convert every
garage into a bedroom and make a handy profit when they sell. She wished everybody
understood that the applicants want to make an improvement and supported the project. She
thought that this would be a great addition to the neighborhood and wished that everybody had
that would understand how their property values would rise along with that.
Jim Rizzo pointed to a diagram that shows how much they brought the building down to
highlight the view of Ring Mountain and pointed out the story poles and the view across the
entire property. He said that the windows in the back would not be large, but small 42 inch high
egress windows for the bedrooms. He felt that they did the best they could to respect the privacy
of the neighbor that is 70 feet away, which is the furthest neighbor away from this particular
development. He said that they thought if they were going to put any windows they would be in
a direction that is the furthest distance away. He noted the development above Trestle Glen
Boulevard where the homes would loom on top of single story back yards, and said that this
project would not loom over a back yard, but would simply be a little higher. He asked for the
Board's approval and a decision on what is best for the community.
The public hearing was closed at 7:57 p.m.
Vice Chair Cousins referred to Section 16- 30.050 of the Zoning Ordinance which states that "the
height allowance is subject to reduction through the site plan and architectural review process,"
meaning that a 30 foot height is not going to be allowed everywhere. He also referred to Section
16- 52.020 (H[3]), which states that "in neighborhoods consisting primarily of one story homes,
second story additions shall be discouraged or permitted within increased setbacks or other
design features to minimize the intrusion on the neighborhood." He stated that these sections
give clear instruction to the DRB on building heights. He said that at the last meeting he was less
worried about the effect a two -story home would have because he comes from a country that
primarily has two -story homes and he did not see the privacy issue as a problem as large as
people were saying. He said that the character of the neighborhood at the moment is still single -
story but is evolving to accommodate larger houses, which he thought was the question the
Board must address.
Boardmember Emberson said that the Board does not arbitrarily decide things because they like
or do not like people, but must follow the code. She said that she loves stucco houses done in the
right manner, but she cannot decide based on what she does or does not like. She reiterated the
language in Section 16- 52.020 (H[3]) and said that when she drove around Belveron East, she
saw a predominantly single -story neighborhood. She said that while it was hard for her to
support, she loved the design, but since the zoning code says to discourage second stories she did
not feel that she could go against the code that deals with neighborhoods like Belveron East,
Hawthorne Terrace and Bel Aire. She believed that the DRB approved a second story on the
perimeter of the neighborhood but not on the interior. She asked if the other Boardmembers
TIBURON D.R.B. MINUTES #15 9/19/2013
recalled any other 30 foot homes that have recently been approved or built in Tiburon.
Boardmember Tollini said that the Board approved one on the waterfront.
Boardmember Eniberson said that the Bells have one of the biggest lots and there is room to
expand in a single story manner that other people have done while still providing a large area for
kids to play, although that was something the applicant did not want to do. She did not think that
the project could be approved and thought that it will be appealed. She said that she was
somewhat discouraged, but she could not support a second story, although she loved the project.
Boardmember Tollini said that he did not understand how drainage was a meaningful issue on
whether or not there is a first or second story. He said that there were many other red herring
issues that the Board should probably address. He said that he has driven through the
neighborhood about 14 times since the last meeting and had spent more time per application in
this neighborhood than anywhere else and every time he goes through the neighborhood, there
are tons of kids in the street and that is why he drives very slowly. He said that kids are on the
street with riding scooters, bikes, and other things and they are not going to do this in a back
yard.
Boardmember Tollini said that he is also a lawyer and noted that there are specific things that the
Board must look at above and beyond zoning. He read Section 16- 52.020 (H[3]) in its entirety
which states that "the height, size and /or bulk of the proposed project bears a reasonable
relationship to the character of existing buildings in the vicinity. A good relationship of a
building to its surroundings is important. For example, in neighborhoods consisting primarily of
one -story homes, second story homes shall be discouraged, or permitted with increased setbacks
or other design features to minimize the intrusion on the neighborhood." He said that there are
other things the Board pays attention to, but this is the neighborhood character aspect of what
they should be sizing up.
Boardmember Tollini said he took a holistic survey of homes in the Belveron East neighborhood
and counted 123 houses, 9 of which have some sort of second story and, of those, 4 have a
second story comparable to what was being requested by this application. Of those 4, he said that
one was at 3 Juno Road and one was a house by Trestle Glen Boulevard, which are fairly new
and have substantial second stories. He said that the other two look like they were approved
further back in time. He said that he has been on the Board since July 2008 and no second story
homes have been approved in the flats. He said that it is not that he hates second stories or has a
categorical rule against them, but when applying the ordinance, with the exception of 22
Mercury Avenue which was denied by the Board but overturned by the Town Council, the
homes approved in this area have uniformly been one story.
Boardmember Tollini referred to comments made about improving property values and being
consistent with all projects approved in the last 5 or 6 years and noted that the Board had been
fairly consistent with that, as there have not been any two -story homes. He said that in
addressing whether the project had done enough to minimize the impact of a second story in a
neighborhood that is primarily one story, this is overwhelmingly, not just primarily, a one -story
neighborhood and he did not think that the impact was sufficiently minimized. He thought that it
was unfair to have a severe intrusion into the Thors' back yard. He also did not think that telling
TIBURON D.R.B. MINUTES #15 9/1.9/2013
them to move or screening the house with enough trees so they can no longer see Ring Mountain
was an adequate solution. Therefore, he said that he still cannot support the project.
Boardmember Kricensky said that Boardmember Tollini's comments were very well put. He said
that he was sympathetic to both groups who feel very adamant about what they are doing. He
said that the revised plan which was essentially a large dormer was better than the previous
design, but it was still a second story and the mass was still present. He thought that the idea that
if a project complied with everything by the numbers in the zoning code you should be able to do
it was wrong. He said that he could design houses for those lots that would be to code but no one
would want built. He said that he drives through the neighborhood a lot and sees kids in the
street and there is a reason for it. He said that in many neighborhoods, this is one of the charming
things, as it is the kids' social place where they can get together without going in someone else's
house and having "play dates." He said that kids just congregate in the street and this is how they
get to know each other and is a very healthy social environment.
Boardmember Kricensky said that these are small lots and he did not think it was a noise issue
but a view issue combined with the mass. He said that there is a difference between sitting in the
back yard where everything is open and there is a lot of sky and sun coming in, because when it
starts to get closed up, it has a different feel. He said that there were many houses the DRB has
approved with one -story design for families with kids. He said that the Board must really
interpret what the code says and look at the larger issue of what happens if every house is two
stories and how it would change the neighborhood. He thought that this neighborhood is its own
place and cannot be compared to anywhere else and the Board must look at it like that and try to
maintain its character and go by what the code says in terms of primarily one story
neighborhoods.
Chair Chong said that there were three things he saw when looking at application: 1) the code
around variances, FAR, lot coverage and all the numbers; 2) the design, architecture, color, the
fit with the neighborhood; and 3) the impact on neighbors' privacy and views. He said that when
blending this altogether, there is rarely an application that does not have one of those issues that
the Board must weigh. He said that the applications that the Board is able to approve in 5
minutes fit all those items perfectly. He quoted former Boardmember and current
Councilmember Frank Doyle as saying "sometimes you just have to step back from a project and
squint and look at it from the view as to really feel whether it fits in or not." Chair Chong said
that for him, this project fits. He said that he reviewed the Town Council minutes for 22 Mercury
Avenue and quoted the minutes, which stated, "Vice Mayor Berger stated that he understood the
neighbors' concern. At the same time he said that the DRB did a great job in reviewing the
application. He said that there was no prohibition of second stories in the Town's guidelines so
the question for him was how well it had been designed." This was followed by Councilmember
Slavitz who stated, "He agreed that the Council could not legislate against second story
additions; however, he said the house was too big for a small lot and too close to the neighbors."
Councilmember Collins also agreed with the comments. Councilmember Gram stated, "He has
seen a number of applications in his 12 years on the Council. He said there is no policy on
second story additions and it was possible to do them properly. He said the needs of families
have changed over time and the Belveron neighborhood was changing and the homes were being
updated. He said the job of the Council was to review each application individually." Mayor
TIBURON D.R.B. MINUTES #15 9/19/2013
Fredericks said she was "a policy person. She agreed that second stories were often appropriate
and could be done appropriately."
Chair Chong agreed with Boardmember Emberson that whatever the Board decides will be
appealed to the Town Council and possibly their thoughts are different, but most of the previous
Council were quoted as saying they are not against second stories. Chair Chong said that for him
the issue is whether the project fits on the lot. He'remembered 22 Mercury Avenue distinctly as a
very narrow lot that was much closer to the neighbors and did not have as much yard to expand
into, but remembered thinking at the time that if the house was just on a different lot, then it
would have been easier to approve. He said that the subject lot is generously proportioned with
enough room to provide a buffer between the applicants' house and the neighbors' house. He felt
that if the final decision is to not allow a second story on this lot, the message was clear and
perhaps the code should be amended to "discourage two -story homes with the exception of
Belveron where it is not allowed." He thought that if a modest two -story addition like this does
not go through he did not think that there were many lots in Belveron, short of some up on the
hill, which would be appropriate for two stories. He said that he was in a different place and
more in agreement with Vice Chair Cousins where he thought that this would not have the
impact that many people think that it would have. He noted that there is a tree right to the left of
the house and he thought that there was no reason that another tree could be planted that would
blocks views of the house and maintain the same net view of Ring Mountain. He stated that he
has little privacy where he lives and neighbors can look into each other's windows, but the house
would not be on top of the Thor home and there were two yards in between the two houses.
Boardmember Emberson said that what she said at the last meeting still held and she cannot still
support the application. She thought that when one argues that the lot is big enough and is
buffered, it supports her argument that it is big enough to expand into the yard.
Boardmember Tollini said that he could not support the project.
Boardmember Kricensky said that the Board has to look at each lot and house and the whole
community. He said that in terms of consistency, there are both sides of Belveron, but in looking
at what their decisions were on the recent house on Washington Court and a house further down
on Apollo Road that was two stories, the DRB did not allow those because they were too
inconsistent with the neighborhood and impacted rear yard privacy. He felt that this project, even
though it came back a couple of times, never really tried to minimize the impacts. He reiterated
that this kind of expanded dormer solution was probably the best solution for a two -story home
here because it would not move the windows to the side and it would limit how the two -story
area works. He felt that taking the triangle out on either side would help open it up and if he were
to be supportive, that would be a design he could get behind. But based upon their past and
taking into account of the code and the Town Council's opposite decision, he was truly on the
fence about the application.
Vice Chair Cousins pointed out to the architect that there was an issue with the design of the
dormers, with a conflict with the way the roof slopes on the dormers and the way the roof hits the
main ridge line which does not work. He said that this would need to be resolved before it could
come back.
TIBURON D.R.B. MINUTES #15 9/1912013 10
Boardmember Kricensky said that one could look at the design by itself and if it was stuck in
there like a few of the other two story homes are, but in driving around and seeing the
neighborhood and taking a feel of the neighborhood, he thought that this was inconsistent with
the neighborhood.
Chair Chong questioned whether the motion would be to direct staff to prepare a resolution to
deny the application, and Director Anderson concurred.
ACTION: It was M/S (Emberson /Tollini) to direct staff to return to the Design Review Board
with a resolution denying the application for 26 Apollo Road; File No. 713039 to be acted on at
the next meeting. Vote: 3 -2 (Ayes: Emberson, Kricensky, and Tollini. Noes: Chong and
Cousins).
E. APPROVAL, OF MINUTES #14 OF THE SEPTEMBER 5, 2013 DESIGN
REVIEW BOARD MEETING
Boardmember Tollini requested the following corrections to the minutes:
Page 3, 6th full paragraph, first sentence should be corrected to read: "Boardmember
Tollini stated the house would have no impact from inside neighbors' homes."
ACTION: It was M/S (Kricensky /Tollini) to approve the minutes of the September 5, 2013
meeting, as amended. Vote: 5 -0.
The meeting was adjourned at 8:27 p.m.
BRYAN CHONG, CHAIR
TIBURON DESIGN REVIEW BOARD
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON D.R.B. MINUTES #15 9/19/2013 11
DIGEST
TOWN OF TIBURON Action Minutes- Regular Meeting
Tiburon Town Hall Design Review Board
1505 Tiburon Boulevard October 3, 2013
Tiburon, CA 94920 7:00 P.M.
ACTION MINUTES # 16
CALL TO ORDER AND ROLL CALL At 7.00 PM
]Present: Vice Chair Cousins, Boardmembers Emberson and Tollini
Absent: Chair Chong and Boardmember Kricensky
Ex- Officio: Plam- ing Manager Watrous, Assistant Planner O'Malley, and Minutes Clerk Harper
ORAL COMMUNICATIONS None
STAFF BRIEFING (if any) None
OLD BUSINESS
26 APOLLO ROAD: File No. 713039; Suzanna and Nikita Bell, Owners; Adoption of
resolution denying Site Plan and Architectural Review for construction of a new single -
family dwelling. Assessor's Parcel No. 034 - 271 -13. Resolution Adopted 3 -O
PUBLIC HEARINGS AND NEW BUSINESS
2. 25 VENUS COURT: File No. 713098; Victor Barkhodarian, Owner; Site Plan and
Architectural Review for construction of a new single- family dwelling. More than 50
percent of the existing house would be demolished and the house would be expanded to
include three new bedrooms, two bathrooms, a dining room, game room and a new
garage. The project would increase the floor area by 1,649 square feet to a total of 2,892
square feet of living space. The lot coverage would increase to 3,715 square feet (15.6 %)
of the site. Assessor's Parcel No. 034 - 281 -55. Approved 3 -0
3. 849 TIBURON BOULEVARD: File No. 713084; Kam Shadan, Owner; Site Plan and
Architectural Review construct additions to an existing single - family dwelling. The
project would construct additions to the existing house, including a new upper level,
along with a new detached garage and exterior improvements to the site, including a new
hot tub, gazebo and decks. The project would increase the floor area by 1,247 square feet
to a total of 3,442 square feet of living space. The lot coverage would increase to 2,662
square feet (10.7 %) of the site. Assessor's Parcel No. 055 - 261 -06. Approved 3 -0
MINUTES
4. Regular Meeting of September 19, 2013 Approved as amended 3 -0
ADJOURNMENT At 7.55 PM
Design Review Board Action Minutes October 3, 2013 Page 1
TO)YNT OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
AGENDA
TIBURON DESIGN REVIEW BOARD
CALL TO ORDER AND ROLL CALL
Chair Chong, Vice Chair Cousins, Boardmembers Emberson, Kricensky and Tollini
ORAL COMMUNICATIONS
Persons wishing to address the Design Review Board on any subject not on the agenda may do so under
this portion of the agenda. Please note that the Design Review Board 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 Design Review Board agenda. Please
limit your continents to no more than three (3) minutes. Any communications regarding an item not on
the agenda will not be considered part of the administrative record for that item.
STAFF BRIEFING (if any)
PUBLIC HEARINGS AND NEW BUSINESS
200 DIVISO ST'REE'T': File No. 21322; Todd Werby and Nonie Greene, Owners; Site
Plan and Architectural Review for construction of additions to an existing single - family
dwelling, with a Variance for reduced side yard setback and a Floor Area Exception. The
project would expand an existing detached carport, add a new driveway and make minor
exterior alterations to the existing house. The project would increase the floor area of the
carport to 611 square feet ad increase the lot coverage to 3,646 square feet (28.6 %) of the
site. The expanded carport would extend to within 2 feet of the north side yard property
line, which is less than the 8 foot minimum side yard setback in the R -1 zone. Assessor's
Parcel No. 059 - 132 -10. [KO]
2. 131 LAS LOMAS LANE: File No. 21324; Mary and David Lundgren, Owners; Site
Plan and Architectural Review construct additions to an existing single - family dwelling,
with Variances for reduced side yard setbacks. The project would enlarge two bedrooms
a kitchen and living room on the main level and add a half bathroom, office and nook to
the lower level of the house. The project would increase the floor area by 719 square feet
to a total of 1,586 square feet of living space. The lot coverage would increase to 1,325
square feet (19.8 %) of the site. The additions would extend to within 2 feet of the south
side property line and within 6 feet of the north side property line, which would be less
than the 8 foot minimum side yard setback in the R -2 zone. Assessor's Parcel No. 059-
121 -06. [KO]
Design Review Board
October 17, 2013 Page 1
3. 88 ROLLING HILLS ROAD: File No. 21318; James To, Owner; Site Plan and
Architectural Review for construction of a new single - family dwelling, with a Variance
for excess building height. The house would include a living room, dining room, kitchen,
four bedrooms, four bathrooms, an office, a laundry room and a two -car garage. The
house would have 4,922 square feet of floor area and cover 3,193 square feet (1.3 %) of
the site. A portion of the house would have a maximum height of 39 feet, which would
exceed the maximum height limit of 30 feet. Assessor's Parcel No. 058 - 121 -32. [DW]
4. 2240 CENTRO EAST STREET: File No. 713070; Margo and Douglas Zucker,
Owners; Site Plan and Architectural Review for construction of a new single- family
dwelling. The house would include a living room, dining room, kitchen, three bedrooms,
three bathrooms, powder room, laundry room, wine cellar and a two -car garage. The
house would have 3,289 square feet of floor area and cover 3,823 square feet (29.6 %) of
the site. Assessor's Parcel No. 059- 142 -02. [DW]
MINUTES
5. Regular Meeting of October 3, 2013
ADJOURNMENT
Design Review Board October 17; 2013 Page 2
(IT, Y a tats 'n t a t I->
ALEX PADILLA RECEIVED
SENATOR. 20TH DISTRICT
OCT -72013
f
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October 1, 2013
Town of Tiburon
Attn: City Council
1505 Tiburon Blvd
Tiburon, CA 94920 -2530
Dear Colleague,
I respectfully ask for your support of Senate Bill 405 which would phase out single -use plastic bags in California.
Each year in California, more than 13 billion single -use plastic bags are handed out by retailers. CalRecycle reports that
only 3% of single -use plastic bags are actually recycled. The other 97% litter our streams, rivers and coastline, and
endanger birds, marine life and wildlife. Plastic bags remain one of the top items found during annual beach cleanups.
Plastic bags also contribute to blight in our communities and clog local storm water systems. Because plastic bags take
1,000 years to degrade, their impacts are compounded every year. California local governments spend more than
$25 million each year to collect and bury plastic bag waste. And the plastic bags that do enter our recycling centers slow
the sorting process and jam machinery.
Earlier this year, I introduced SB 405. This bill would enact a statewide phase out of single -use plastic bags in
California. This legislation is supported by a broad coalition that includes grocers, environmentalists and many local
governments.
Despite strong support, SB 405 fell 3 votes short of passage this year. I remain committed to this effort, but I need your
help. SB 405 will face another vote early next year. Between now and then, I am respectfully asking you to put your
city on record in support of SB 405. The City of Los Angeles took this step in June of this year and joined 80 other
California cities and counties who support the phase out of single -use plastic bags in their communities.
Please join me in this effort. Attached, please find a sample resolution in support of SB 405, a copy of the bill, and a
fact sheet with additional information. I look forward to working with you so that single -use plastic bags are soon
phased out in our state.
Thank you for your time and consideration. Please feel free to contact me at (916) 651 -4020 if you have any questions
or need additional information.
Sincerely,
ALEX PADILLA
State Senator, 20'h District
w, CAPITOL OFFICE: STATE CAPITOL, ROOi41 4038 - SACRAMENTO. CA 95814 a TEL (9161 651 -4020 e FAX (916) 324 -6645
DISTRICT OFFICE: 6150 VAN NUYS BLVD., SUITE 400 - VAN NUYS, CA 91401 - TEL (818) 901 -5588 4 FAX (818) 901 -5562
iaPre waAa[o�i
WHEREAS, each year in California more than 13 billion single -use plastic bags are handed out
by retailers and only 3% of these bags are recycled; and
WHEREAS, plastic bags cause slow sorting and jam machinery at recycling centers costing
California more than $25 million dollars each year to collect and bury the plastic bag waste; and
WHEREAS, according to a study commissioned by the US Marine Debris Monitoring Program,
plastic bags remain one of the top items found consistently during annual beach cleanups; and
WHEREAS, The Convention on Biological Diversity reports a total of 663 species have been
affected by plastic marine pollution through entanglement or ingestion; and
WHEREAS, the United States Environmental Protection Agency finds that reducing the use of
an item is one of the most effective ways to save our natural resources and protect the
environment; and
WHEREAS, a third of Californians are subject to laws phasing out the use of single -use plastic
bags; and
WHEREAS, State Senator Padilla has authored SB 405, which would prohibit grocery stores and
large retailers from providing single -use bags to customers in 2015, and would expand that
prohibition to convenience stores and food marts in 2016; and
WHEREAS, by prohibiting the free distribution of plastic bags, SB 405 would help eliminate a
major source of pollution in California; and
NOW, THEREFORE, BE IT RESOLVED, with the concurrence of the Mayor, that by the
adoption of this Resolution, the hereby SUPPORTS Senate Bill 405 (Padilla) that
would prohibit grocery stores, large retailers, convenience stores, and food marts from providing
free single -use plastic bags to consumers, and require those stores to have reusable bags
available for purchase.
PRESENTED BY
SECONDED BY
Green Vets Los Angeles
GreenWaste Recovery
Heal the Bay
Humboldt County Board of Supervisors
Humboldt Waste Management Authority
LMV Productions
Los Angeles County Board of Supervisors
Los Angeles County Integrated Waste
Management Task Force
Napa Valley CanDo Environment Group
National Hispanic Environmental Council
Natural Resources Defense Council
Pacifica's Environmental Family
Planning and Conservation League
Plasticbaglaws.org
Republic Services
Santa Clara County Board of Supervisors
Save Our Shores
Seventh Generation Advisors
Sierra Club California
Surfrider Foundation
Team Marine — Santa Monica High School
The Northern California Recycling Association
Turtle Island Restoration Network
United Food & Commercial Workers Western
States Council
William C. Velazquez Institute
Zanker Road Resource Management
FOR MORE INFORMATION — Contact Angela Manetti, Office of Senator Alex Padilla (916) 651 -4020
SB 405 - PA DILLA
Single -Ilse Bag Phase Out
(as amended 05/24/13)
SB 405 would phase out single -use plastic bags in
California grocery stores, convenience stores,
liquor stores, and pharmacies.
Each year in California, more than 13 billion
single -use plastic bags are handed out by retailers.
According to the United States Environmental
Protection Agency, 88% of plastic bags and sacks
are not recycled. In California, only 3% are
recycled, according to CalRecycle. Plastic bags
cause litter, slow sorting and jam machinery at
recycling centers costing California more than $25
million dollars each year to collect and bury the
plastic bag waste. According to a study
commissioned by the US Marine Debris
Monitoring Program, plastic bags remain one of
the top items found consistently during annual
beach cleanups.
Plastic bags are also harmful to the environment
killing thousands of birds, turtles and other
species. Most plastics do not degrade. Although
they represent only 2.2% of waste stream in
California, plastic waste is the predominate form
of marine debris. Plastics are estimated to
compose 60 -80% of all marine debris and 90% of
all floating debris worldwide.
Plastics not only entangle marine life, they are also
ingested by marine life and birds. Most plastic
marine debris exists as small plastic particles due
to excessive UV radiation exposure and
subsequent photo - degradation. The Convention
on Biological Diversity reports a total of 663
species have been affected by plastic marine
pollution through entanglement or ingestion.
The California Coastal Commission reports that
"birds, fish and mammals often mistake plastic for
food. Some birds even feed it to their young. With
plastic filling their stomachs, animals have a false
feeling of being full, and may die of starvation.
Sea turtles mistake plastic bags for jellyfish, one of
their favorite foods. Even grey whales have been
found dead with plastic bags and sheeting in their
stomachs."
The Scripps Institution of Oceanography at UC
San. Diego found evidence of plastic waste in more
than 9% of the stomachs of fish collected in the
North Pacific Subtropical Gyre and estimate that
fish who reside in the intermediate ocean depths
ingest 12,000- to 24,000 tons of plastic per year.
According to the United States Environmental
Protection Agency, reducing the use of an item is
one of the most effective ways to save our natural
resources and protect the environment. To date,
many local jurisdictions in California have enacted
ordinances. The ordinances vary with some
requiring a charge for paper carry -out bags and
others banning both single -use plastic and paper
FOR MORE INFORMATION — Contact Angela Manetti, Office of Senator Alex Padilla (916) 651 -4020
carryout bags. These ordinances have both
eliminated the costs associated with plastic bags as
well as substantially reduced the volume and costs
associated with paper bags in communities.
For example. San Francisco, Los Angeles County,
San Jose, and San Luis Obispo County are already
experiencing the benefits of reducing the use of
plastic bags. After just one year of
implementation of its bag ordinance, the City of
San Jose is reporting 50% cleaner creeks. Los
Angeles County is reporting a 95% reduction of all
single -use bags distributed, including a 30%
reduction of paper bags.
Section 42254 and 42257 of the Public Resources
Code requires large grocery stores to establish a
plastic bag recycling program and sunsets on
January 1, 2020.
Current California law is silent on the reduction of
single -use plastic bags.
This bill would:
e prohibit a store, on and after January 1, 2015,
from providing a single -use carryout bag (i.e.,
paper, plastic, or other material) to a customer
at the point -of -sale. ( §42283(a))
® authorize a store, on and after July 1, 2016, to
provide a reusable grocery bag (i.e., cloth or
durable plastic) to a customer, which may be
made available for purchase. ( §42283(c)(1)).
0 authorize a store to make a recyclable paper
bag available for purchase at the point of sale.
( §42283(d)).
0 specifies standards for reusable grocery bags.
( §42281)
® allows ordinances adopted prior to September
1, 2013 to continue to be enforced. (§42287
(b))•
® prohibits any local agency from enforcing an
ordinance related to single -use carryout bags
after January I , 2014. (§42287 (b))
allows local agencies to only amend the cost
associated with the recyclable paper bag for
existing ordinances ( §42287 (c))
® authorizes the California Department of
Resources, Recycling, and Recovery to inspect
and audit a reusable bag producer. ( §42282
(a)).
5 Gyres Institute
Azul
BagIt
Board of Supervisers
California Coastkeeper Alliance
California Coastal Coalition
California Resource Recovery Association
California State Lands Commission
Californians Against Waste
Central Contra Costa County Solid Waste
Authority
City of El Cerrito
City of Long Beach
City of Palo Alto
City of Sacramento
City and County of San Francisco
City of Sunnyvale
City of San Francisco
Clean Water Action
Clean Water California
Contra Costa Clean Water Program
County of Los Angeles
County of San Mateo
Environment California
Greater San Fernando Valley Chamber of
Commerce
Green Sangha
FOR MORE INFORMATION — Contact Angela Manetti, Office of Senator Alex Padilla (916) 651 -4020
DIGEST
STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor
DEPARTMENT OF VETERANS AFFAIRS
POST OFFICE BOX 942895
SACRAMENTO, CALIFORNIA 94295 -0001
Telephone: (916) 653 -2158
Mayor Emmett O'Donnell
City of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Dear Mayor O'Donnell:
The California Department of Veterans Affairs (Ca1Vet) wants to work with you to ensure
Tiburon veterans and veteran families are getting the education, employment, housing, health
and other benefits and services they have earned through their military service.
State and federal veterans benefits are enormously valuable. Besides enriching the lives of
veterans and their families, veterans benefits bring hundreds of millions of dollars into California
each year and boost local economies. They lower the local cost of veteran health care in
California by millions of dollars each year, reduce veteran unemployment and homelessness
numbers, and increase enrollment in California colleges and universities.
Please consider using the information enclosed to create and send an e -mail from you to city
employees system wide in time for Veterans Day, Monday, November 11, 2013. I also
encourage you to use the information to create a veterans' page on the intranet site of each city
department. Nearly everyone has a veteran somewhere in their life who could benefit from the
information.
If you are willing to work with CalVet, please contact Carolyn Ballou at 916- 653 -1355 or at
carolyn.ballou @calvet.ca.gov to obtain an electronic version of the document for your e -mail or
online veterans' page.
Tiburon veterans and their families served and sacrificed for our country. Ensuring they get the
benefits they are entitled to is the least we can do for them.
Sincerely,
PETER J. GRAVETT
Major General (Ret)
Secretary
HONORING CALIFORNIA'S VETERANS
CALIFORNIA DEPARTMENT
OF VETERANS AFFAIRS
If you served honorably in the military, thank you for your service and sacrifice for this
country. Regardless of your era, your branch, your post, or your assignment—you are
entitled to state and federal veterans' benefits. Qualifying dependents may be eligible
for benefits as well.
To learn about your veterans benefits, go to www.calvet.ca ..gov, download the CalVet
mobile app, or call 877-741-8532 toll free. You served, now let CalVet serve you!
California Department of Veterans Affairs
Veterans Services Division
1227 0 Street
Sacramento, CA 95814
STATE RESOURCES FOR VETERANS
California Veterans Resource Book
http://Www.calvetca.govIFilesIVetServicesIVeterans Resource-Book.pdf
CalVet Registration/Request for Benefits Information & Assistance
https.11cvcs.calvet.ca.govIPageslintakelReintegrationForm.aspx
CalVet Newsletters
http.-Ilwww.calvet ca. govINewslIVewsletters.aspx
CalVet Frequently Asked Questions
http://Www. cal vet. ca. govIVetServicesIFAQs.aspx
Women Veteran Affairs
http://Www. cal vet. ca. govIResourceslWomen.aspx
College Fee Waiver Program Fact Sheet
http:// www. cal vet.ca.gov1Fileslvet5ervices1Fee _ Waiver FactSheetpdf
Agent Orange Fact Sheet
http.,Ilwww.calvetca.govIFilesIVetServiceslAgent Orange-FactSheet.pdf
PTSD/Traumatic Brain Injury Fact Sheet
http://Www.calvet.ca.govIFilesIVetServicesIPTSD-FactSheet..pdf
California Veteran License Plate Program
http.-Ilwww.calvet. ca. govIVetServicesILicensePlates.aspx
County Veterans Service Office Location List
http://Www.cacvso.orglpagel2011-l-22-13-52-311
E-mail CalVet at PA O@calvet. ca. gov to be added to the News for Veterans
subscriber list. You can easily unsubscribe at any time.
FEDERAL RESOURCES FOR VETERANS
U.S. Department of Veterans Affairs (USDVA) Web Site
http://Www. va.govl
USDVA Benefits
http.11www.va.govlopalpublicationslbenefits bookas.p
USDVA Toll Free Phone Numbers
https.Iliris.custhelp.comlapplanswersldetailla id/9703
USDVA Frequently Asked Questions
https.Iliris.custhelp.comlapplanswers,qistlsessionIL2F2LzEvdGitZS8xMzl4MzE2MjUyL3NpZC8qLTNvKk9
Qaw%3D%3D
USDVA Publications
http.-Ilwww.va.govlopalpublicationsI
USDVA Post Traumatic Stress Disorder (PTSD) Mobile App Coach
http:11www.ptsd. va. gov1publicIpagesIptsdcoach. asp
Aficiff cAgulme
As the Bay Area prepares for another possible BART strike, MTC is reaching out to Bay
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Area employers and their employees with suggestions for proactive steps that can help to
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mitigate the problems that such a work stoppage would cause. We know from the relatively
brief strike in July that a shutdown of BART is a significant matter to Bay Area residents
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and business. Indeed, the impact will be even greater in October, as BART ridership and
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freeway travel are both at higher levels now compared to July.
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We also know that sometimes small changes can often yield outsized benefits, especially if
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the changes are, multiplied many times over throughout the system — this is particular true
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with traffic congestion. It is in this spirit that we urge employees and employers to consider
one or all of the following practices, each of which has the potential to lessen the damage to
F"Wal D. Glover
the region's economy - and to your own business - stemming from a BART strikes.
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e Telecommuting: Encourage employees to work from home or at a nearby office
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location if alternative sites are available.
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e Carpooling: With extended hours and additional access to carpool lanes, we
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encourage employees to form workplace carpools where possible and to try out the
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Bay Area's unique casual carpool phenomenon. Offer to cover the parking costs of
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employees who form carpools, and provide incentives to include employees who
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regularly take BART. (Note: Carpools on the Bay Bridge require three or mare
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occupants, as well as FasTrak@ toll tags.)
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Workplace Fleidbility: Relax policies about core work hours to allow employees to
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avoid peak-hour traffic, and encourage options other than in-person meetings such
as the use of tele-conferences or web-based meetings.
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MTC's comprehensive travel information service — 511— provides up-to-the minute travel
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in rmation by a three-,31; tphrr.ecal,',to5-IL-Il.'orat5li.org.L-ifoi-,.t-iietiororitrai'fic
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conditions, public transit options and carpools and up-to-the-minute updates on all other
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travel related information can be found 2417. During the run-up to the strike deadline and
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thereafter, your employees can visit a special page at alert.5 1 Lorg to learn about changes to
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carpool lane policies, casual carpool pick-up and drop-off locations, travel options,
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supplemental transit service, and more. Take full advantage of this helpful regional
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resource.
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I appreciate any steps your company can take to disseminate this information and implement
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Ann Fkmer
these strategies to help keep the region moving!
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Sincerely,
Dpmy T—amw Mm� Or�=�
Amy R% Worth, Chair