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HomeMy WebLinkAboutTC Digest 2016-10-14TOWN COUNCIL WEEKLY DIGEST October 10-14, 2016 TIBURON Correspondence, Notices and other Information 1. Letter - September 26 - County of Marin - Staff Level Response to August 25 Submission_ Martha Property 2. Memo - October 12 - Tiburon Peninsula Club Conditional Use Permit Application Agenda, Minutes 1. Agenda - Tentative - October 19 -Heritage & Arts Commission Regular Meeting 2. Agenda - October 20 - Tiburon Design Review Board Regular Meeting REGIONAL, NOTICES AND AGENDA Correspondence, Notices and other Information 1. Notice of Availability & Public Meetings - Final Tiered Program Environmental Impact Report - Vegetation and Biodiversity Management Plan 2. Public Forum - November 9 - Romberg Tiburon Center - "Towards a Sustainable Ocean" Agenda, Minutes 1. Agenda - October 12 - Sani 5 - Governance Committee Special Meeting 2. Agenda - October 13 - Sani 5 - Finance & Fiscal Oversight Committee Special Meeting 3. Agenda - Belvedere Tiburon Library Agency 4. Agenda - October 18 - Belvedere -Tiburon Joint Disaster Advisory Council COUNTY OF MARIN Steven M. Woodside COUNTY COUNSEL Jack F. Govi ASSISTANT COUNTY COUNSEL Renee Giacomini Brewer SUPERVISING DEPUTY Mori -Ann G. Rivers David L. Zoltsman Michele Keno Patrick M. K. Richardson Stephen R. Raab Steven M. Peri Sheila Shah Lichlblau Edward J. Kiernan Jessica Mills Sutherland Brion C. Case Jenna J. Brody Valorie R. Boughey Kerry L. Gerchow DEPUTIES Jeanine Michaels ADMINISTRATIVE ASSISTANT Marin County Civic Center 3501 Civic Center Drive Suite 275 San Rafael, CA 94903 415 473 6117 T 415 473 3796 F 415 473 2226 TTY www.marIncounty.org/c1 Co -'1 DEGE6T OFFICE Of THE COUNTY COUNSEL September 26, 2016 VIA E-MAIL Michael H. Zischke Cox, Castle, Nicholson 50 California Street, Suite 3200 San Francisco, CA 94111-4710 Re: Staff Level Response to August 25, 2016 Submission Dear Mike: This letter is in response to yours of August 25, 2016, as well as the Court's August 2, 2016 Stipulation and Order re: Deadlines. After considerable consideration, we believe the best approach to comply with the Court's Order is to expedite the "meet and confer" process in order to have the relevant experts and recommending personnel in the same room at the same time to discuss the numerous issues outlined below. At this time, given the significant policy and even "completeness" issues remaining, there is no way County staff currently could recommend the EIR for certification. Also, your letter makes several purely "legal" arguments that frankly conflict with the County's understanding of both the stipulated judgments as well as nature of different governmental entities that need further discussion. And finally your August 25, 2016 "letter brief" asks the County to reassess the EIR's conclusions outside of the public comment and/or public hearing process. Irrespective of whether recirculation would be required for the EIR given these comments on the draft, at a minimum some sort of robust public process would be required to allow the public to weigh in on these comments and proposed changes. 1. The "Specific Dictates" of the Judgments. Initially your letter brief argues that the requirement of the judgments that the County allow "some development within the Ridge and Upland Greenbelt," "due to the character of the Martha Co. property and its terrain," which limits the available development areas, mandates that the County allow development of a water tank on the adjacent Count Open Space District property as well as allow for off-site mitigation of protected species. To our knowledge, this is a totally new and novel interpretation of this language of the judgments. The County's historic and continuing interpretation of this language is that "some" development on some portion of the Ridge and Upland Greenbelts was required to allow the 43 units to be built without the need for extensive and expensive land slide repairs. Neither in 1976 nor 2007 was there any evidence that fire flow or domestic water PG. 2 OF 4 pressure would be an issue with Martha's plans to develop a water tank on their own property. 2. Off -Site Mitigation for Serpentine -Dependent Plant Species. Initially with respect to this issue, I would again note that your letter brief purports to openly challenge the EIR's conclusions as being without factual support. However, your client's comments during the initial circulation of the draft EIR as well as testimony at the Board of Supervisors hearings never raised this issue. Indeed, as we noted in our pleadings to the Court in response to your client's motion, the only response we received in the year after the Board of Supervisors hearing was that your client was exploring the proposed re -design of the site plan required by the mitigation measures as drafted. So at a minimum some legitimate and open process to air these new comments and challenges would be required. In addition, as we have also discussed previously at length, thus far we see no explanation of why on-site mitigation, as the preferred approach under the Countywide Plan is not feasible. As such we do not believe it is even appropriate to discuss off-site mitigation. Also, the County has been requesting the applicant consult with the relevant Resource Agency's about whether they would approve off-site mitigation for several years now. To date we still have not received a response as to why this has not occurred. And as discussed above, we do not believe that an interpretation of the judgments to somehow mandate off-site mitigation is reasonable based upon the plain language of those judgments or any evidence the County has seen to date. 3. Mitigation for Red -Legged Frogs As discussed above, your comments on the Red -Legged Frog call into question the analysis and conclusions of the draft EIR that were never made by you or your client's prior representatives during the public comment period or the public hearings. As such these comments would again need to be exposed to some sort of appropriate public process even if not formal recirculation before County staff could even respond to this proposal. 4. Issues Related to a Proposed Water Tank on Marin County Open Space District Property. As you are aware, neither the County nor the County Open Space District has ever proposed or consented to using MCOSD property for placement of a water tank to serve this private development proposal. Therefore it must be considered a "proposal" by the development applicant. As such, as I believe you are aware, the project proponent must show that it has the necessary ownership interest(s) before a Master Plan or Subdivision Map application can be deemed "complete" under the California Permit Streamlining Act. And, of course, CEQA review of a proposed project does not generally begin until an application is complete. COUNTY OF MARIN OFFICE OF THE COUNTY COUNSEL 3501 Civic Center Drive • Saila 275 • San Rafael, CA 94903 PG. 3 OF 4 As we have requested previously, if your client is proposing a "swap" under the Public Resources Code section you cite, your client needs to make that proposal before the County can evaluate it. Suffice it to also say, we do not believe there is any support for your "alter -ego" argument, even in light of the judgments. 5. On -Site Water Tank Issues In your letter brief you state that "(w)hile MMWD has not yet formally approved Martha's proposed water tank design, it has at a minimum confirmed that a water tank at an elevation of 590 feet is feasible,...." It appears to us that you are conflating the Fire Districts (and EIR's) finding of feasibility for fire flow purposes, with MMWD's statements. Put simply we see nothing the letter from MMWD that indicates a water tank at 590 elevation on Martha's property could ever be approved by the MMWD, Once again if you want to explore other options such as a "water pressure pump system" you are free to do so. But at this time there is nothing to even suggest such would be acceptable to the MMWD. 6. Recirculation of the EIR Given the fundamental new challenges to the adequacy of the draft EIR you are now raising, and the proposals you want to the County or MCOSD to consider, I believe there is a very real issue with respect to whether this constitutes "significant new information" under the relevant Guidelines and case law. However, I do not want to prejudge this issue until we have had a chance to implement the meet and confer process. In conclusion, I would reiterate that I think the best way at this point to fairly implement the Court's order is to hold the meet and confer session as soon as possible so we can start refining the areas of agreement and disagreement for our report to the Court as well as possible hearing before the Board of Supervisors. To that end 1 suggest we look for dates and times that might work next week or the week of October 10. Cc: John Roberto Brian Crawford Very truly yours, j66 -- David Zaltsman Deputy County Counsel COUNTY OF MARIN OFFICE OF THE COUNTY COUNSEL 3501 Civic Censer Drive • Suilo 275 • San Rafoel, CA 94903 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 a *-2-• 1GES MEMORANDUM Date: To: From: Subject: October 12, 2016 Mayor and Members of Town Council Daniel M. Watrous, Planning Manager Tiburon Peninsula Club Conditional Use Permit Application The Tiburon Peninsula Club has submitted an application for a conditional use permit to expand the tennis facilities on their property located at 1600 Mar West Street. The project would include two new tennis courts south of Mar West Street and various improvements around the courts. The project also proposes to install a total of 49 pole lights to light the six existing courts and the two new courts. The Town completed an Initial Study (IS) to evaluate the potential environmental impacts for the application. The IS has determined that there is substantial evidence, in light of the whole record, that the project may have a significant effect on the environment. As a result, the Town has determined that a draft Environmental Impact Report must be prepared for this application. We have requested a proposal from Leonard Charles and Associates, the consultant who prepared the IS, for preparation of the EIR. We anticipate that the EIR and the CUP will be reviewed by the Planning Commission early in 2017. TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD Regular Meeting Design Review Board October 20, 2016 7:00 PM CALL TO ORDER AND ROLL CALL Chair Kricensky, Vice Chair Emberson, Boardmembers Chong, Cousins 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 comments 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 PUBLIC HEARINGS 1. 8 APOLLO ROAD: File Nos. DR2016080 & VAR2016021; Cedric Barringer, Owner; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with a Variance for excess lot coverage. The floor area and the lot coverage of the house would be increased by 755 square feet for a lot coverage of 35.7%, which is greater than the 30.0% maximum lot coverage allowed in the R-1 zone. Assessor's Parcel No. 038-301-14. {DW] 2. 77 EAST VIEW AVENUE: File Nos. DR2016104, VAR2016033, VAR2016034, VAR2016035 & FAE201601 1; Clinton Yee, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling, with Variances for reduced front and side setbacks and excess building height, and a Floor Area Exception. The applicant proposes to construct 1,603 square feet additions to an existing three-story house, which would result in a floor area ratio of 59.7%, which is greater than the 35.0% maximum for a lot of this size. The front setback would be 2 feet, 6 inches in lieu of the minimum 15 feet. The east side setback would be 6 feet, 3 inches in lieu of the minimum 8 feet. The house would be 37 feet tall, in lieu of the maximum building height of 30 feet. Assessor's Parcel No. 060-105-92. [DW] Design Review Board Agenda October 20, 2016 Page 1 ACTION ITEMS 3. 1900-1916 MAR WEST STREET: File No. DR2016112; Point Tiburon Bayside Homeowners Association, Owners; Site Plan and Architecture Review to construct a fence along the Mar West Street side of a condominium project. Assessor's Parcel No. 059-380-34. [KO] 4. MINUTES: Consider adoption of minutes of meeting of October 6, 2016 ADJOURNMENT Design Review Board Agenda October 20, 2016 Page 2 TIBURON HERITAGE & A R TS COMMISSION TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 DIGEST Heritage & Arts Commission October 25, 2016 Regular Meeting — 6:30 p.m. HERITAGE & ARTS COMMISSION OCTOBER 25, 2016 TENTATIVE - AGENDA CALL TO ORDER AND ROLL CALL Chairwoman Hall, Vice Chair de Quattro, Commission members; Fong, Mujica-Beavers, Amir, Norris, Smith ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration 1. Town Council Minutes — Adopt minutes of September 27, 2016 meeting (Town Clerk Crane Iacopi) 2. Treasurers Report— Accept reports for September/October 2016 (Town Liaison to H&A, Patti Pickett) ARTIST RECRUITMENT — NEW ARTIST EXHIBITION/RECEPTION 1. Community Room — Dec. 7 — Artist Reception: TJ Campbell, Photography 2. Community Room — Current Artists -Repeat Yearly Show -Next available date: Dec/Jan 17/18 3. Lobby Gallery — Dates available starting May/June ACTION ITEMS 1. Artist Exhibits: Date Format Changes — Change from 2 Months to 1 Month rotation 2. Artist Exhibits: "Themed" Exhibits — Invitation to artists showing, based on a common theme 3. Artist Laureate Event — Oct. 9 — Review 4. Historic Preservation Award — Oct. 19 — Review 5. Website Update — Liaison Pickett reports progress on H&A website 6. Brochure Update — C. de Quattro reports on future brochure ideas 7. Art Walk — C. Norris reports on art walk research and development S. Date Decision — H&A Meetings during holiday period ADJOURNMENT MAR I N COUNTY PARKS PRESERVATION • RECREATION NOTICE OF AVAILABILITY NOTICE OF PUBLIC MEETINGS FINAL TIERED PROGRAM ENVIRONMENTAL IMPACT REPORT VEGETATION AND BIODIVERSITY MANAGEMENT PLAN DIGEST RIc-'l RECEWED OCT 1 1 2016 TOWN MANAGERS OFFICE TOWN OF TIBURON NOTICE IS HEREBY GIVEN THAT the Marin County Open Space District (MCOSD) has completed a final Tiered Program Environmental Impact Report (Final TPEIR) for the Vegetation and Biodiversity Management Plan (VBMP). A copy of the Final TPEIR is available for review at Marin County Parks, 3501 Civic Center Drive, Suite 260, San Rafael, California, 94903 Monday through Friday, 8:30 a.m. to 4:30 p.m., and at the Marin County Civic Center Library and other public libraries throughout Marin County. Marin County Parks has copies of the Final TPEIR and VBMP available on USB flash drives and online at http://www.marincountyparks.org. Copies of all documents incorporated by reference into the Final TPEIR are available upon request. The VBMP would: • Guide a science -based approach to vegetation management that will protect the natural biodiversity of the preserves, maintain public access, and manage fuel loads. • Coordinate all aspects of vegetation management, including invasive plant control, needs for access, and fuel management, across all the MCOSD preserves, to improve program effectiveness and efficiency. • Provide the foundation for a systematic approach to priority setting, budgeting, and staffing, program efficiency and effectiveness over the long term. The VBMP would apply to all 34 of the MCOSD open space preserves, which are primarily in the eastern urbanized corridor of the county, but there are several preserves in west Marin. NOTICE IS HEREBY FURTHER GIVEN that the Marin County Parks and Open Space Commission will consider recommending that the MCOSD Board of Directors certify the Final TPEIR as adequate and complete pursuant to the California Environmental Quality Act (CEQA) and approve the VBMP. The commission will consider this matter at a special meeting on October 11, 2016, beginning at 2:00 p.m. in the Planning Commission Chambers, Marin County Civic Center, San Rafael, California. The agenda for the Commission meeting will be available at http://www.marincountyparks.org/depts/pklabout-us/main/board-meeting- information the Tuesday before the meeting. NOTICE IS HEREBY FURTHER GIVEN that the MCOSD Board of Directors will consider certifying the Final TPEIR as adequate and complete pursuant to the CEQA and approving the VBMP. The board will consider this matter at its regular meeting on October 18, 2016, in the Board Supervisors Chambers, Marin County Civic Center, San Rafael, California. The agenda and staff report for the Board meeting will be available at http://www.marincounty.org/depts/bs/meeting-archive the Friday before the meeting. For more information, please contact James Raives, Senior Open Space Planner at JRaives@marincounty.org or by (415) 473-3745. All public meetings and events sponsored or conducted by the County of Marin are held in accessible sites. Requests for accommodations may be made by calling Steve Petterle (415) 473-6387, TTY (415) 473-2495, CRS dial 711, or by e-mail at spetterle@marincounty.org at least five workdays in advance. Copies of documents are available in alternative formats, upon written request. Marin County Parks, 3501 Civic Center Dr, Suite 260, San Rafael, CA 94903, www.marincountyparks.org THE BARBARA & RICHARD ROSENBERG PST for MARINE BIOLOGY & ENVIRONMENTAL SC NCE at San Francisco State University Presents the Romberg Tiburon Center for Environmental Stu ies Fait Pub tic Forum Towards a Sustainable Global Ocean Rashid Sumaila, Ph.D. Director, Fisheries Economics Research Unit Institute for the Ocean and Fisheries The University of British Columbia WEDNESDAY 1 November 9, 2016 6:30 PM RECEPTION 1 7 PM PRESENTATION Romberg Tiburon Center BaN Conference Center 13152 Paradise Drive, Tiburon Please RSVP b, October 26 to erin7o@s f sw_eclu or 415.3 38.375 7 DIGEST Rfik -1 SANITARY DISTRICT NO. 5 OF MARIN COUNTY 2001 Paradise Drive Tiburon, California 94920 AGENDA Governance Committee Special Meeting Wednesday, October 126, 2016, 12:00 p.m. I. Roll Call II. Public Comments III. New Business 1. Biennial Review of Conflict of Interest Code 2. Review of Draft Retention Policy IV, Adjournment This Committee may be attended by Board Members who do not serve on this committee. In the event that a quorum of the entire Board is present, this Committee shall act as a Committee of the Whole. In either case, any item acted upon by the Committee or the Committee of the Whole will require consideration and action by the fill Board of Directors as a prerequisite to its legal enactment. 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 Administrative Assistant at Post nice Box 227, Tiburon, CA 94920 or rdohrnrann ar ani5.org at least two days prior to the meeting. T:\Board\Committees\Governance Committee\Agendas\2016 10 12 Governance Comm Mtg Agenda RD TR.doc SANITARY DISTRICT NO. 5 OF MARIN COUNTY 2001 Paradise Drive Tiburon, California 94920 AGENDA Finance & Fiscal Oversight Committee Special Meeting Thursday, October 13th, 2016, 9:00 a.m. I. Roll Call II. Public Comments III. New Business 1. Warrants for September 14th through October 13t1i, 2016 2. Financial Reports for September, 2016 71-7 _-� .4 77-1 � 3. Review & Discuss Finance Committee Member -Reviewed Finance Policy & Procedures Manual Changes 4. Review & Discuss Revised Reserve Policy Draft 5. Review & Discuss Document Scanning & Archiving Proposal from Axiom Consulting Group 6. Discuss FY2015-2016 Audit Schedule 7. Discuss Possible Financial Responsibilities of Upcoming M.O.U. Negotiations 8. Upcoming District Obligations for October — November, 2016 IV. Adjournment This Committee may, be attended by Board Members tr/io do not serve on this committee. In the event that a gremlin; of the entire Board is present, this Committee shall act as a Committee of the Whole. In either case, any item acted upon by the Committee or the Committee of the Whole will require consideration and action by the Jitll Board of Directors as 0 prerequisite to its legal enactment. Accessiblepublic 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 Administrative.Finance Specialist at Post office Box 227, Tiburon CA 94920 or ItIohrmann@sani5.org al least two days prior to the meeting. T:IBoard\Comrnittees\Finance Comminee\Aecndas\2Q 16 10 13 Finance Committee Agenda RI) TR TM.doe AGENDA BELVEDERE TIBURON LIBRARY AGENCY Monday, October 17, 2016 6:15pm Belvedere Tiburon Library 1501 Tiburon Blvd., Tiburon, California CALL TO ORDER/ROLL CALL OPEN FORUM _3 This is an opportunity for any citizen to briefly address the Board of Trustees on any matter that does not appear on this agenda. Upon being recognized by the Chair, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Board consideration may be agendized for further discussion at a later meeting. STAFF, BOARD AND COMMITTEE REPORTS 1. Chair's report — Tom Gram, BTLA Chair - (2 minutes) 2. Library Director's report— Deborah Mazzolini, Library Director (10 minutes) 3. Belvedere -Tiburon Library Foundation report (5 minutes) 4. Report on Financial Statements September, 2016 (5 minutes) 5. Committee reports (5 minutes) CONSENT CALENDAR — 2 minutes The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Agency may request removal of an item for discussion. 6. Approval of minutes of September 19, 2016 7. Approval of warrants dated September, 2016 TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. 8. Consideration of Audit Financial Statements Draft 9. Consideration of planning for Library 20th Anniversary Spring 2017 COMMUNICATIONS & ANNOUNCEMENTS 10. Monthly calendar 11. Schedule of 2016 meeting dates CLOSED SESSION 12. Closed Session: Agency discussion of Public Employee Contract: Library Director's Contract (per Brown Act section 54957). The Agency will return to a brief Open Session after completion of Closed Session. NOTICE AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats; special assistance needed to attend or participate in this meeting. Please make your request at the office of the Administrative Assistant or by calling (415) 789-2660. Whenever possible, please make your request three days in advance. i" r r - /1/A -`i BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL REGULAR MEETING AGENDA OCTOBER 18, 2016, 4:00 TO 5:30 PM TIBURON TOWN COUNCIL CHAMBERS, 1 505 TIBURON BLVD., TIBURON, CA • Call to Order • Approval of July 19, 2016 Minutes • Open Forum —This is an opportunity for any citizen to briefly address the Disaster Council on any matter that does not appear on this agenda. Upon being recognized by the chairperson, please state your name, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Council consideration will be agendized for further discussion at a later meeting • Presentation: Reed Union School District Update on preparedness efforts and the Great Shakeout — Mike Chitwood, R USD • New Business - Roadway Evacuation Decals — Grant Euless • Old Business / Committee Updates • Belvedere Block Captain Program — Dr. Torry Cromwell • Great Shakeout - Laurie Nilsen, Emergency Services Coordinator • Get Ready Seniors presented by youth of Hilarita 10/20 — Laurie Nilsen • Spring 2017 Disaster Preparedness Fair — Dr. Torn Cromwell • Announcements / Council Member Items • Next Suggested Meeting Date — January 19, 2016, 4:OOpm — 5:30pm • Adjourn NOTICE: WHERE TO VIEW AGENDA MATERIALS Meeting minutes and other writings distributed to the Disaster Council are available for public inspection at the following location: Tiburon Peninsula OES, 1155 Tiburon Blvd. (Writings distributed to the Council after the posting date of this agenda are available for public inspection at this location only.) To request automatic mailing of agenda materials, please contact the Emergency Services Coordinator at (415) 435-7386. NOTICE: AMERICANS WITH DISABILITIES ACT The following accommodations will be provided, upon request, to persons with a disability: agendas and/or agenda packet materials in alternate formats and special assistance needed to attend or participate in this meeting. Please make your request at the Office of the Emergency Services Coordinator or by calling (415) 435-7386. Whenever possible, please make your request four working days in advance.