The URL can be used to link to this page

Home My WebLink AboutTC Digest 2015-07-31TOWN COUNCIL WEEKLY DIGEST Week of July 27-31, 2015 TIBURON Correspondence, Notices and other Information 1. Letter - July 21- Water Well at 4545 Paradise Drive 2. Memorandum - July 20 - Shoreline Park Policy - Adopted as Revised 3. Letter - July 17 - Bay Area Council - Cal -China Office of Trade Agenda, Minutes 1. Minutes - June 23 - Heritage & Arts 2. Cancellation - August 6 - Meetting: DRB REGIONAL, NOTICES AND AGENDAS Correspondence, Notices and other Information 1. Notice of Public Hearing - August 13 - Marin Local Agency Formation Commission Agenda, Minutes 1. Agenda - July 16 - San 5 * Council Only July 21, 2015 . Town Council Town of Tiburon Water Well at 4545 Paradise Drive Re Claim Dated June 24, 2015 RECEIVED JUL 2 1 2015 TOWN MANAGERS OFFICE TOWN OF TIBURON I am in receipt ofa letter dated July 16, 2015 from Cynthia Gordon Foreman of York which states "Given that your Claim seeks no monetary damages, it would appear your avenue of seeking relief is not through the tort claim filing process." The Claim was filed by me at the Town Hall addressed to the Town Council. It clearly stated it was not a monetary claim, but rather a claim seeking the revocation of a water well permit for 4545 Paradise Drive based on the fact that the permit was issued under the incorrect finding by the Town Council that the water well permit was categorically exempt from the requirements of CEQA per Section 15303 (d) of the CEQA Guidelines. As noted in my Claim filed June 24, 2015 that is a false finding which causes the permit for the water well at 4545 Paradise Drive to be invalid thus obligating the Town of Tiburon to take action to see that the water well at 4545 Paradise never be operated under the permit issued. (The law(s)supporting this conclusion is cited in the Claim filed June 24, 2015. (It is doubtful York even considered those items given York's response.) I was told by the Town of Tiburon staff that I was required to file my Claim on the form it was filed and that no other form was available and they would not process the Claim if I did not use that form. Why did the Town of Tiburon under such circumstances send the Claim to York like a monetary claim when it was clear it was not a monetary claim. My guess is the Town of Tiburon was trying to confuse me with the reply from York. What the Town of Tiburon should do is face up to the fact the water well permit for 4545 Paradise Drive was based on a false finding that it was categorically exempt from the requirements of CEQA per Section 15303(d) of the CEQA Guidelines and undertake the required action to see that the water well at 4545 Paradise Drive is not operated. The best way to do that is to see that it is destroyed if it is drilled. Chapter 13F-2 of the Town of Tiburon Code states " Water well means any artificial excavation constructed by any method for the purpose of extracting water from or injecting water into the underground:'If someone on the Town Council or town staff would bother to read the above definition and Section 15303 New Construction or Conversion of Small Structures of the CEQA Guidelines and apply proper rules for interpreting statutes (which are defined in my Claim dated June 24, 20015 citing a California Attorney General filing with the California Supreme Court) they would find that the water well at 4545 Paradise Drive is not included in the examples given 2 �2 in Section 15303 (d) which deals with utility extensions, and also is not included in the definition of Class 3 exemptions as they are defined in the first paragraph of Section 15303. As cited in Section 15300.2 Exceptions "In McQueen v. Mid -Peninsula Regional Open Space (1988) Ca. App.3d 1136 the court reiterated that categorical exemptions are construed strictly, shall not be unreasonably expanded beyond their terms ".... If the Town of Tiburon feels the categorical exemptions currently provided in the CEQA Guidelines do not provide for it's needs it can under Section 15300.3 "at any time, request that a new class of categorical exemptions be added, or an existing one amended or deleted" Apparently the Town of Tiburon has not attempted use that proper option, but rather made a false finding. Additionally. there are two other general exclusions from categorical exclusions under CEQA Guidelines (1) "unusual" projects (i.e. water wells in Tiburon) and those with "cumulative" effects (i.e. water wells in Tiburon). The gross disregard for California law in this situation appears to fall under the requirements of the California Constitution Article 5 Executive Sec. 13 which in pertinent part states "It shall be the duty of the Attorney General to see that the laws of the state are uniformly and adequately enforced". Uniformity requires proper interpretation of the subject law and adequately enforced means in common terms doing something about it. The Town of Tiburon seems to have serious problems with both these issues. I therefore am providing the California Attorney General with details concerning the Town of Tiburon's inability to interpret the law according to proper judicial requirements and enforce the law in accordance with proper interpretation. This document is an addition to the document filed with Town of Tiburon by the undersigned on June 24, 2015. Larry E Cushi 24 Mateo Drive Tiburon, CA 94920 •cushinglec@aol.com Town of Tiburon MEMORANDUM TO: Mayor and Members of the Town Council FROM: Scott Anderson, Director of Community Development SUBJECT: Shoreline Park Policy ---Adopted as Revised DATE: July 20, 2015 At its meeting of July 15, 2015, the Town Council adopted a revised Shoreline Park Policy relating to Special Events, entitled "Use of Shoreline Park --Special Events". The attached document reflects the final version adopted by the Town Council, including a limit on the number and days of events at which amplified sound may be used as late as 10 PM. Attachment: Revised Shoreline Park Policy dated July 15, 2015 TOWN OF. TIBURON Town Council Policy & Procedure Number: 8 Effective: March, 17, 2004 (Revised 07/15/2015) Authority: Town Council / Town Manager USE OF SHORELINE PARK - SPECIAL EVENTS PURPOSE AND INTENT The Town Councilestablishes this "Use of Shoreline Park — Special Events" policy (hereinafter "Policy") for the Town of Tiburon in accordance with the provisions of the Tiburon Municipal Code and State Law. This Policy defines special events and specifies requirements and procedures for their approval in Shoreline Park. Shoreline Park was dedicated to the Town for "public, scenic, open space and public access" purposes and is customarily used as a visual and primarily passive recreational amenity for Town residents and visitors. A majority of the Park's land area is under water; the dry land portion consists of a narrow strip of bay front property with a paved walking path terminating at Ferry Plaza (see attached graphic). It lies directly in the San Francisco Bay view corridor of nearby residences and adjoining Paradise Drive, and is therefore highly sensitive from a visual and view blockage standpoint; the dedication to the Town is subject to conditions protecting the views from the Bayside units at Point Tiburon. The Park is popular with both residents and visitors for walking, viewing, picnicking and jogging. The Ferry Plaza portion of the Park also provides important public access to the Main Street waterfront and ferry services. The Town Council establishes these requirements and procedures for occasional special events in Shoreline Park to protect the visual and recreational qualities of the Park and to preserve it primarily for its customary use. This Policy is intended to ensure that the temporary operation of each permitted special event at Shoreline Park is compatible with the adjacent neighborhood, downtown business district, residents, and visitors. POLICY The Town receives periodic requests to allow events, activities, and occasional temporary structures in Shoreline Park. The Town has an interest in occasionally allowing certain types of conditionally allowable events or activities in the Park on a short-term basis, which may temporarily deviate from the customary use of the Park. However, the frequency and nature of these events must be limited to protect the primary purposes, appearance, and on-going popular use of the Park. Use of Shoreline Park ---Special Events Revised 7/15/2015 1 SPECIAL EVENTS AT SHORELINE PARK For the purpose of this Policy, "special event" means a short-term activity use or limited duration art exhibition use of the Park other than its customary use. The Town Manager shall have the discretion to determine whether an event of a limited amount of time qualifies as a "special event" that is subject to the Special Events Permit Policy referenced below. All special events on Town property are subject to the Town's Special Events Permit Policy, which enables the Town, consistent with the Park's dedicating documents, to establish the parameters for each special event and the obligations of the permit holder. To ensure reasonable compatibility with the surrounding area and avoid disruption of the customary use of the Park, any special event in Shoreline Park must comply with the following additional requirements: 1. The Town anticipates limiting the number of events to five (5) permitted special events per calendar year. 2. Special events are limited to Fridays, Saturdays, Sundays and legal Town Holidays. Legal Town Holidays are New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; excepting art exhibition events that may, with Town Council permission, have a maximum 45 -day duration including set-up and take-down. 3. The activities of the special event are restricted to the hours of 8:00 a.m. to one hour after sunset Sunday through Thursday and 8:00 a.m. to 10:00 p.m. on Fridays and Saturdays. At no more than three (3) Friday or Saturday events per year shall amplification of sound be allowed until 10 p.m. EXCEPTIONS The Town Manager may allow some latitude with respect to provisions of the Special Events Permit Policy and this Policy in order to facilitate activities such as set up, the staging of equipment and the hours of operation. The discretion allowed by this Policy shall be confined to logistical and other considerations necessary to further the following critical purposes: 1. Protect the Park and improvements therein. 2. Ensure public safety and access. 3. Avoid unauthorized or extended obstruction of views of the bay. 4. Avoid noise disruption of nearby residential neighborhoods after 8 pm on Sunday through Thursday or after 10 p.m. on Friday and Saturday. The Town Council, at a public meeting, may grant Exceptions to this Policy as it deems warranted. Use of Shoreline Park ---Special Events Revised 7/15/2015 2 TEMPORARY STRUCTURES Temporary structures (excluding art exhibition pieces) may be in place no longer than seventy-two (72) consecutive hours. The Town Engineer/Director of Public Works shall ensure that temporary structures shall be located, installed and secured in a manner that will not damage Park improvements, and will not create a public hazard or public nuisance. No automobiles or trucks will be allowed to park on Ferry Plaza, other than for the purposes of loading or unloading items pertaining to the event and subject to the approval of the Superintendent of Public Works, Director of Public Works, or Town Manager. ART EXHIBIT PLACEMENT Exhibits of art that will be on display for more than seventy-two (72) consecutive hours shall generally be limited to the western third of Shoreline Park. MUSIC AND VOICE AMPLIFICATION Chapter 25-1 of the Municipal Code requires that any amplified music and/or voice amplification in a non-residential zone be approved in writing by the Town Manager. Any voice or music amplification in Shoreline Park should be kept to a reasonable volume. ROADWAY CLOSURE No roadway closures will be permitted in this area without prior approval from the Town Manager. Attachment: Graphic of Shoreline Park Use of Shoreline Park ---Special Events Revised 7/15/2015 3 Use of Shoreline Park ---Special Events Revised 7/15/2015 4 AlVci 1N1130HS July 17, 2015 The Honorable Frank Doyle Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920-2530 Dear Mayor Doyle, 9:1 BAYAREA. COUNCIL C-3 In April 2013, California Governor Jerry Brown signed a landmark agreement with the Ministry of Commerce of the People's Republic of China to bolster economic ties and cooperation between California and China. The Memorandum of Understanding (MOU), the first -of -its -kind between a subnational entity and the powerful Ministry of Commerce, establishes a direct trade relationship between California and China's six strongest provinces —Jiangsu, Inner Mongolia, Shanghai, Shandong, Guangdong and Chongqing, representing more than 350 million people. The California -China Office of Trade and Investment, the state's official trade office with China, and the Bay Area Council, the designated Northern California Secretariat for the MOU, would like to help Tiburon take advantage of the agreement. May we schedule a meeting with your office to discuss how we can use the MOU to bring trade relationships and foreign investment to Tiburon? The California -China Office of Trade and Investment is a public-private partnership between the Bay Area Council and the Governor's Office of Business and Economic Development. Offering free services to California and Chinese companies, its mission is to increase foreign investment from China into California, support California companies seeking to enter the Chinese market, and assist Chinese entrepreneurs seeking to establish and grow operations in California. The Bay Area Council is a 50 -year old public policy advocacy organization led by the CEOs of over 250 of the Bay Area's top employers. Bolstered by its own foundation and an affiliated economic think tank, the nonprofit works to build a strong economy, a vital business environment, and a better quality of life across the region. The MOU between California and the Ministry of Commerce establishes a mechanism by which to increase trade and investment between California and China in nine key sectors, including infrastructure, biotechnology, information technology, agriculture, energy, manufacturing, tourism, and environmental protection. We believe Tiburon has a lot to gain by engaging with the leaders of the six Chinese provinces, and we would like to help you execute on that potential. Genevieve Herreria, the California Manager of the California -China Office of Trade and Investment, will be in touch with you shortly to set up a time to talk Tiburonand the MOU. She can be reached at gherreria@cachinatrade.org or 415.946.8734. We look forward to working with you to support your trade and investment goals. Best wishes, Kenh-etfi J. Petrilla Executive Director President and CEO California -China Office of Trade and Bay Area Council Investment 9 _ ,\..,,,c„.4,..,,vo.,.\„..,..„ AA,vs. Jim Wunderman T 1 B U R O N H E R 1 TACE +& A R T S COMMISSION Town of Tiburon Heritage & Arts Commission 1505 Tiburon Boulevard, Tiburon, CA 94920 415-435-7373 www.tiburonheritaeandarts.org Minutes — June 23, 2015 Heritage & Arts Commission I. Call to Order The meeting was called to order at 6:40PM by Vice -Chair Elizabeth Merrill II. Roll Call Present: Merrill, Hall, de Quattro, Cohan, Mujica Absent: Amir III. Oral Communications • Prospective Commissioner interviewee was introduced and welcomed — Victoria Fong • Vice Chair Merrill reported that C. Mujica wished to report a change -work order pertaining to the Community Room lighting project referred to in the May Agenda. As reported: -Upon meeting with the installer and Town Hall staff involved with the project (Peggy Curran and Matt Swalberg) for a "mock-up" trial of the lighting it was noted that an additional light would be necessary on both sides of the room necessitating a $200 additional cost on top of the approved project cost. C. Mujica made the proposal that the H&A Commission make this payment out of their special fund. The commission was in consensus and gave approval to move forward. IV. Minutes of the May 18, 2015 Meeting were approved as submitted. V. Treasurer's report Regular Fund Balance: $918.00 • Patti reported to Commissioners that all payments had been expended for the fiscal year of 2014- 2015, except print cost for Walking Guide re -order. Special Fund Balance: $7.517.09 • Patti reported that the total reflected all costs to date including Artist Recruitment VI. Artist Recruitment • Suspension of Artist Recruitment at current date & change in Artist selection process: 1. Staff Report: Patti presented report with background of procedure, analysis, financial impact, and points for consideration and discussion utilizing documents from the Belvedere -Tiburon recruiting process as examples. a. Jurying: It was pointed out that in fact there was a type of "approval/selection" process with H&A already built into the selection process and that the Library process of a call to artists to submit once a year, followed by a jurying process to choose 12 artists for the upcoming year would be cumbersome and a time drain. C. deQuattro submitted that should a jury process be implemented it could be stream -lined through digital submittals and digital selection process. C. Hall countered with the observation that not all artists would be capable or willing to submit digitally and that perhaps the process could start with accepting both. C. Merrill presented her interpretation of the "spirit" of artist approval being one of Heritage & Arts Minutes — June 23, 2015 non-exclusion and wide acceptance/promotion of all artists who step forward in order to support the community, thereby rendering the jury process a questionable direction to go. b. Length of Exhibitions: C. deQuattro brought up the idea that the length (2 months currently) might be impeding the opportunity for more artists to display their work and that perhaps the process could be changed to include such ideas as: shrink the exhibit windows, have thematic installations with open period times, have special installations coupled with workshops. c. C.deQuattro offered to prepare a review of the recruitment process and suggested changes to the exhibition schedule. 2. Pricing of artwork: C. Mujica brought up the pricing on artwork, suggesting that it shouldn't be out of range of the average person and should be considered at the time of artist acceptance. C. deQuattro countered that we, as a public commission, serving at the invitation of the Town Council, could not enter into the "salability" of the artwork and that the Commission should probably avoid discussion of it when approving an artist. • Ginny Doyle — C. Mujica will be new recruit contact for this artist • Lobby Reception — A number of Commissioners expressed interest in attending the reception for Andrew Faulkner on July 23, hosted by Patti. They felt this could act as a test -run for perhaps starting up receptions for the Lobby Artists, which. until now, has not been done. VIl. New Business • New Incoming Town Historian: Memorandum from Diane Iacopi (Town Clerk) was presented announcing the search for a new Town Historian. along with the Resolution establishing the appointment. C. deQuattro proposed that there be a closer working relationship with the Town Historian and the Heritage & Arts and that he would prepare a draft of what that might entail. To be presented to the Town Council through the Town Manager and Town Clerk. • Historic tree at Bradley House: Patti presented the email from Dave Gotz, LMS, proposing collaboration with the H&A Commission for the rehabilitation and maintenance of the tree located on Esperanza Lane, planted in 1909 by Bradley family. The Commission asked that Dave Gotz come to a future meeting and present a detailed proposal of why the tree should be designated and what an approximate cost would be. VIII. Old Business • Historical Brochure Reorder: Patti reported that Ram Print had quoted 1500 brochures @ S802.00 meeting the remainder of our Town Budget and the order would be going through asap. C. deQuattro will be supplying the digital artwork. incorporating some minor changes: removal of existing Sponsors and temporary use of that space with the H&A info and logo.. He also reported that he had gone to the Chamber of Commerce to discuss sponsors and was advised to approach Destination Tiburon and work with them on ideas, since they appear to also be presenting a walking guide or map of some sort. He emphasized the need to have the new brochure dovetail with the new H&A website he is working on, as well as the need for new sponsors, and the addition of his QR code. • H&A Preservation Award: 1. Documents and font were reviewed and approved with C. Merrill offering to proof and edit. 2. Timeline was set and approved 3. Distribution of Nomination Packet was discussed and decided to concentrate on digital delivery with some hard copy mailing. Digital possibilities discussed: a. Tiburon Talk Newsletter — Tiburon website — Ark Newspaper — Next Door Old Tiburon IX. Adjournment • Meeting was adjourned by Vice Chair Merrill at 7:50 p.m. 2. Heritage & Arts Minutes — June 23, 2015 NOTICE OF MEETING CANCELLATION THE REGULAR TIBURON DESIGN REVIEW BOARD MEETt G SCHEDULED FOR THURSDAY, AUGUST 6, 2015 HAS BEEN CANCELLED THE NEXT SCHEDULED MEETING OF THE DESIGN REVIEW BOARD IS THE REGULAR MEETING OF THURSDAY, AUGUST 20, 2015 NOTICE OF PUBLIC HEARING MARIN LOCAL AGENCY FORMATION COMMISSION NOTICE IS HEREBY GIVEN the Marin Local Agency Formation Commission (LAFCO) will open a public hearing on Thursday, August 13, 2015, in the Council Chamber at the San Rafael City Hall, 1400 Fifth Avenue, San Rafael, CA, at 7:00 p.m., to consider the following matter: Countywide Municipal Service Review on Public Water Services: Draft Report and Determinations Marin LAFCO will open a public hearing to review and provide direction therein — including possible authorization to proceed with a formal public review and comment period — on a draft report and its related determinations prepared as part of the agency's Countywide Municipal Service Review on Public Water Services. The draft report focuses on assessing the capacity and performance of all six public potable water service systems in Marin County relative to current and projected community needs. The report is intended to serve as the source document in informing future actions of Marin LAFCO to update spheres of influence, approve boundary changes, and/or order reorganizations. Public agencies subject to the report are Bolinas Community Public Utility District, Inverness Public Utility District, Marin Municipal Water District, Muir Beach Community Services District, North Marin Water District, and the Stinson Beach County Water District. Marin LAFCO invites all interested persons to attend and provide testimony to the Commission. A formal 60 -day public review and comment period is expected to commence following public hearing. The associated staff report will be available for download at www.marinlafco.org approximately one week prior to the hearing date. You may also request a written copy of the staff report by contacting LAFCO. Comments or questions regarding the proposal should be directed to the Keene Simonds, Executive Officer, Marin LAFCO, at mailing address: 555 Northgate Drive, Suite 160, San Rafael, CA, 94903; or by phone at (415) 446-4409. Dated: July 20, 2015 Keene Simonds Executive Officer Diane Crane lacopi From: Candice Bozzard <cbozzard@marinlafco.org> Sent: Friday, July 24, 2015 10:13 AM To: Marin LAFCO Staff Subject: Notice - Public Water Services Draft Report and Determinations Attachments: PHN_DraftReport WaterStudy_7-20-15.pdf Hello There, Attached please find a public hearing notice for the Countywide Municipal Service Review on Public Water Services: Draft Report and Determinations. If you have any questions or need any additional information, please do not hesitate to contact the LAFCO office. Thank you, Candice Bozzard, Clerk to the Commission Marin LAFCO 555 Northgate Drive, Suite 230 San Rafael, CA 94903 (415) 446-4409 cbazzardir:rnarinlafco. orq 1 Michael Lasky, President Richard Snyder. Vice President John Carapiet. Secretary (//4 Catharine Benediktsson, Director Tod Moody, Director NOTICE AND AGENDA Special Board Meeting at Sanitary District No. 5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, CA 94920 Thursday, July 16, 2015 5:00 P.M. SPECIAL BOARD MEETING CALL TO ORDER ROLL CALL CLOSED SESSION: 1. Convene to Closed Session (the public may provide comments regarding the closed session item(s) just prior to the Board beginning the Closed Session. Closed Sessions are not open to the public). a. Closed Session pursuant to Section 54957(b)(1)— Employee Performance Evaluation i. Employee- District Manager OPEN SESSION: PUBLIC COMMENTS: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Brown Act does not allow the Board to take action on any public comment. Please limit public comments to no more than three minutes. DIRECTORS' COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 2. Approval of June 11, 2015, Regular Board Meeting Minutes (Dohrmann) 3. Approval of July 9, 2015, Regular Board Meeting Minutes (Dohrmann) 4. Approval of all Warrants for June 5th through July 9th, 2015, Check No. 7818 through Check No. 7878, in the amount of $1,944,202.40 (Dohrmann) 5. Receipt of Financial Reports for June, 2015 (Dohrmann) Board of Directors Agenda Special Board Meeting, July 16, 2015 Page 2 of 2 MANAGEMENT REPORTS 6. District Management Summary Report (Rubio) NEW BUSINESS 7. Consideration and acceptance of Resolution No. 2015-10: A Resolutions Accepting the Sewer System Transfer Agreement Between Pt. Tiburon Owners and Sanitary District No. 5 of Marin County and Acceptance of Pt. Tiburon Sewer Facilities and Legal Descriptions/Easements as Conveyed from Pt. Tiburon Owners and Accepted by Sanitary District No. 5o f Marin County UNFINISHED BUSINESS: None COMMITTEE REPORTS: 8. Capital Improvement Program Committee (Lasky/Carapiet) 9. Governance Committee (Snyder/Benediktsson) 10. Finance & Fiscal Oversight Committee (Benediktsson/Moody) 11. Personnel Committee (Carapiet/Snyder) OTHER BUSINESS: ENVIRONMENTAL: CORRESPONDENCE: INFORMATIONAL ITEMS: ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board Meeting on August 13th, 2015, at 5:00 p.m. at the Main Plant of Sanitary District No. 5 of Marin County, located at 2001 Paradise Drive, Tiburon, California. The Board of Directors n,av at its discretion consider agenda items out of the order in which they appear above. Accessible public meetings: Upon request, the District will provide written agenda materials in appropriate alternate formats, or disability -related modification or accommodation, including auxiliary aids or services to enable individual with disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P.O. Box 227, Tiburon, CA 94920 or rdohrmann sani5.org at least two days prior to the meeting. T:\Board\Agendas12015 07 16 Special Agenda RLD TR.doc