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HomeMy WebLinkAboutTC Digest 2012-05-11TOWN COUNCIL WEEKLY DIGEST Week of May 7 -May 11, 2012 Tiburon 1. Letter to McLeran Roofing, Inc. - Response to complaints re: Building Division and Building Official 2. Memo from Town Manager - Late Mail Policy and Practice 3. Letter from League of CA Cities requesting designation of Tiburon voting delegates for annual conference (September 5-7, San Diego, CA) 4. Email from Harvey Rogers - Blackie's Garden progress report for April Agendas & Minutes 5. Minutes - Planning Commission - April 11, 2012 6. Action Minutes - Planning Commission - May 9, 2012 7. Agenda - Parks, Open Space and Trails Commission - May 15, 2012 8. Agenda - Design Review Board - May 17, 2012 9. Agenda - Belvedere/Tiburon Library Agency - May 14, 2012 (Expansion Update Session w/Belvedere City Council at 6:30 p.m., followed by 7:30 p.m. meeting in Recreation Center) 10. Notice of LAFCO Special Meeting - May 18, 2012 re: possible terms and conditions of approval for consolidation of 4 sanitary districts: Alto, Almonte, Homestead Valley and Richardson Bay Sanitary District - 10:30 a.m. SASM meeting room, 450 Sycamore Street, Mill Valley Regional a) Western Cities Magazine May 2012' b) Great Age Quarterly Newsletter Spring 2012' c) News from Marin Conservation League May-June 2012' Agendas & Minutes d) Crisis and Communications and Disaster Preparedness - A workshop for Public Officials; June 12, 2012, Marin County Office of Emergency Services' e) National League of Cities Training - Formulating Effective Economic Development Policy; May 17-19, 2012 in Manhattan Beach's f) Bay -Delta Science Conference: Realities facing the San Francisco Estuary; October 16-18, 2012, Sacramento Convention Center * Council Only yu"' I G E!~3` T Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.riburon.ca.us May 4, 2012 McLeran Roofing, Inc. P O Box 2727 San Rafael, CA 94912 RE: Complaints presented to the Town Council regarding the Building Division and Building Official Dear Mr. McLeran: The purpose of this letter is to address the issues and concerns you raised at the Town Council meeting of March 7, 2012, regarding the Town's Building Division and Building Official. The requirements for adding additional roof drains and ensuring proper slope-to-drain appear to have been resolved last year when the Building Official and you agreed to have a pre-roof inspection prior to your crew starting any re-roofing job. This agreement was to ensure that you would know in advance anytime additional drains or other measures would be necessary so that you and the homeowner could plan accordingly. This inspection would be provided at no cost to you or your customers. Further, the technical details of whether a roof needs extra drainage or not seems to have been adequately addressed in Mr. Lustenberger's letter to you dated May 2, 2011. Although I am not an expert on issues concerning construction practices, his letter seems to provide ample rationale and supporting documentation to justify his position. In the very near future, the Town" s newly created Building Code Appeals Board (BCAP) will be fully appointed and operational and ready to hear cases such as yours. I would encourage you to submit an appeal and raise this issue at that time. On the subject of an ICC evaluation report being required to obtain a re- roofing permit, you suggest that it is too burdensome and time consuming for roofing contractors to have to comply with. After looking into this issue, it appears that for most roofing products, a simple internet search and printing a few pages is all that is necessary. According to Building staff, the information furnished assists them in performing the roof inspection and Jim Fraser Mayor Emmett O'Donnell Vice Mayor Richard Collins Councilmember Frank Doyle Councilmember Alice Fredericks Councilmember Margaret A. Curran Town Manager Page 1 helps ensure that the roofing product is installed correctly. Frankly, this seems perfectly reasonable to me. You also raised the issues about the requirements for a ladder being left at the job so that building staff could climb onto the roof and your responsibility to install smoke and carbon monoxide alarms. Again, I believe these concerns were adequately addressed in Mr. Lustenberger's May 2, 2011 letter. Concerning the stop work notice and penalties that you were required to pay for a project your crew started before getting the necessary permit, I can only assert that they were issued pursuant to the Town's Municipal Code. Apparently, the old roof was already torn off and the new roof was being laid down when Mr. Lustenberger stopped the job. After speaking with him, it appears that had he not visited that house for another inspection, your crew would have covered the existing roof deck without an inspection, which you have been warmed against doing several times in the recent past. Had this been the case, you would have been required to remove the newly installed roofing material to facilitate the inspection, possibly costing your firm more than the stop work penalty. Finally, you raised the issue about Mr. Lustenberger's competence in his role as the Town's Building Official. On this matter, I can speak with some authority. Prior to his appointment, his employment history was thoroughly investigated as part of the overall vetting process. Staff members from our Administrative Services and Police departments contacted and interviewed former co-workers, supervisors, residents of the communities in which he worked, and other personal references before presenting him with the job offer. Based on his education, experience, and references, we felt he was well qualified for the position. Sincerely, Peggy Curran Town Manager cc: Tiburon Town Council Fred Lustenberger, Tiburon Building Official Scott Anderson, Director of Community Development Page 2 DIGEST TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Date: May 9, 2012 To: Mayor and Town Council From: Peggy Curran, Town Manager Subject: Late Mail Policy and Practice Hello, Mayor and Council: The Town Council adopted a "late mail policy" in 2007, which is attached for your reference. For regular Council meetings, it establishes a 5:00 p.m. Monday cut-off for mail, meaning Council is expected to review what is received by that time for its subsequent deliberations. Mail received after the Monday 5:00 p.m. cut-off is still forwarded to Council, but Council is under no expectation or obligation to review it if it cannot reasonably do so. The policy serves two purposes: (1) it provides the public with the clear understanding that mail after Monday at 5:00 p.m. may not be read, and (2) it provides Council with clear guidance regarding the treatment of mail that may be received very late in the process making its review and consideration challenging if not impossible. Our practice has been to scan and e-mail correspondence received by the Monday cut-off to Council, but we have typically not scanned and e-mailed correspondence received after the cut- off but rather provided print copies in Council boxes and at the dais at the time of the meeting. This has been to avoid Council occasionally being inundated with a flood of late mail and feeling like it must somehow keep up with the flow right up to the meeting. A request has been made by Councilmember Fredericks that staff scan and e-mail to Council all items received up to the meeting (or as reasonably close to it as possible) rather than print and handle them as noted above. Doing so will increase the likelihood that the Council can in fact read all or most of the mail it receives despite its lateness. Staff is happy to comply with this wish (and also happy to exclude any Councilmembers from this practice if they so desire), but do so reiterating the policy that Council should not feel compelled to read or give weight to materials received so late in the process. After 5:00 p.m. on Monday, it is up to each Councilmember to do as he or she sees fit with incoming mail. We say this because there are occasions when a heavy flow of mail continues right up to a Council meeting; Council should not feel obligated to review and consider such very late materials if it cannot reasonably do so. Absent hearing from any of you to the contrary, staff will now scan and e-mail all correspondence it receives directly to Council as best we can irrespective of the 5:00 p.m. Monday cut-off. As a practical matter, mail received after mid-afternoon on Wednesday is unlikely to be sent, and .1 significant volumes of mail may also result in delays or failure to transit due to production issues. Thank you, Peggy TOWN OF TIBURON LATE MAIL POLICY (Adopted and Effective 11/7/2007) The following policy shall be used by the Town Council and its standing boards and commissions, and by staff of the Town of Tiburon, in the identification, distribution and consideration of late mail. DEFINITION "Late Mail" is defined as correspondence or other materials that are received by the Town after completion of the written staff report on an agenda item, in such a manner as to preclude such correspondence or other materials from being addressed in or attached to the staff report as an exhibit. IDENTIFICATION OF LATE MAIL All late mail received by Town Staff in advance of a meeting shall be marked "Late Mail" and shall be date-stamped or marked with the date of receipt by the Town. Late mail received at a meeting shall be marked as "Received at Meeting" with a date-stamp or handwritten note. POLICY For regular meetings of the Town Council and its standing boards and commissions: (1) All late mail that is received on an agenda item prior to distribution of the agenda packet to the reviewing authority shall be stamped or marked as "Late Mail" and shall be distributed to the reviewing authority with the agenda packet. (2) All late mail received on an agenda item before 5:00 PM on the Monday prior to the meeting shall be date-stamped and marked as "Late Mail" and distributed to the reviewing authority as soon as practicable. Such mail shall be read and considered by the reviewing authority whenever possible. If the Monday, or Monday and Tuesday, prior to the meeting are a Town-recognized holiday, the deadline shall be extended to the following day at Noon. (3) Any late mail received on an agenda item after the deadline established in paragraph (2) above shall be date-stamped, marked as "Late Mail" and distributed to the reviewing authority as soon as reasonably possible, but may not be read or considered by the reviewing authority. There should be no expectation of, nor shall the reviewing authority have any obligation to, read or consider any such late mail, and therefore such late mail may not become part of the administrative record for the item before the reviewing authority. These provisions shall also apply to special and adjourned meetings when sufficient lead time exists to implement these provisions. If sufficient lead time does not exist, the Town Manager shall exercise discretion in establishing a reasonable cut-off time for late mail. For controversial items or at any meeting where a high volume of correspondence is anticipated, Town staff shall have the option to require an earlier late mail deadline, provided that the written public notice for any such item clearly communicates the specifics of the early late mail deadline, and the deadline corresponds appropriately to any earlier availability of the agenda packet. Pursuant to state law, copies of all late mail shall be available in a timely fashion for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon. 1400 K STREET j SACRAh1ENT0, CA 95814 rFr. (916) 658-8200 Fx: (916) 658-8240 LEAGUE ,,,_Ol CALL FORN lA CITIES Council Action Advised by August 3, 2012 May 3, 2012 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES \VVAX'.CAC I I II 1~ )RC; League of California Cities Annual Conference - September 5 - 7, San Diego The League's 2012 Annual Conference is scheduled for September 5 - 7 in San Diego. An important part of the Annual Conference is the Annual Business Meeting (at the General Assembly), scheduled for noon on Friday, September 7, at the San Diego Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Wednesday, August 15, 2012. This will allow us time to establish voting delegate/alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.ora. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up -over- the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the San Diego Convention Center, will be open at the following times: Wednesday, September 5, 9:00 a.m. - 6:30 p.m.; Thursday, September 6,7:00 a.m. -4:00 p.m.; and September 7,7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Wednesday, August 15. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: • 2012 Annual Conference Voting Procedures Voting Delegate/Alternate Form LEAGUE or cnuFoPNJA C IT I E S 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2012 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7: Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CITY: 2012 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Wednesday, August 15, 2012. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk, (circle one) Date: (signature) Phone: Please complete and return by Wednesdav, August 15th, to: League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mmccullough@cacities.org 1400 K Street (916) 658-8247 Sacramento, CA 95814 LOA Page DIGEo P eggy Curran From: Harvey Rogers [harvnan2@sprynet.com] Sent: Monday, May 07, 2012 3:21 PM To: George Rodericks; Peggy Curran; Jill Einstein; Carolyn Scarola Subject: PROGRESS AT BLACKIE'S GARDEN FOR APRIL Hello George, Peggy, Jill & Carolyn, At Blackie's Garden: In April we had four volunteer sessions. We did some planting & irrigation work Plus general cleanup work & light pruning. The fruits of our labor are paying off. Now by the first of May almost 60 % of our plants are in full bloom. VERY colorful. Any of you who can come to see will appreciate your trip. HARVEY 5/7/2012 PLANNING COMMISSION MINUTES MINUTES NO. 1020 April 11, 2012 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL: Chairman Corcoran called the meeting to order at 7:32 p.m. Present: Chairman Corcoran, Commissioners Kunzweiler, Welner and Weller Absent: Vice Chair Tollini Staff Present: Associate Planner Tyler, Director of Community Development Anderson and Minutes Clerk Rusting ORAL COMMUNICATIONS: None COMMISSION AND STAFF BRIEFING: Director Anderson announced the next meeting on April 25, 2012 is tentatively scheduled to include the biannual review of the St. Hilary's Conditional Use Permit and a time extension for a wireless communication facility at the Cove Shopping Center. OLD BUSINESS: 1. CONSIDER CONCEPTUAL DRAFT REGULATIONS FOR URBAN CHICKEN AND BEEKEEPING IN SINGLE-FAMILY ZONES [LT] Continued Discussion from February 22, 2012 Chairman Corcoran suggested waiving the staff report for this item, and all Commissioners agreed. Chair Corcoran opened the public hearing. Linda Emberson said she is a big proponent of chickens. She has raised them for over 30 years and is very much in favor of allowing chickens because she would like to keep a small flock at her residence. She noted many advantages to having chickens such as bug control and fertilizer. There being no one else wishing to speak, Chair Corcoran closed the public hearing. Commissioner Weller asked for clarification of the term "abutting parcel" in the proposed Standards for Beekeeping, item 8. Associate Planner Tyler said it refers to an adjacent parcel. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE I Commissioner Weller said the term is unclear because a property location could have several abutting parcels and could anticipate a situation where a bee hive is in the corner of a yard. He would rather see this provision drafted in a way that required the division to have separation from all parcels within a certain distance from where the bees are being kept. He suggested using the term "close parcels". Associate Planner Tyler said staff will clarify the terminology in their revision of the standards. The purpose is to have bees to fly up and then off the property and not fly laterally next door to the property. Chairman Corcoran said he thinks the way item 8 is written would include a four-sided barrier. He pointed out there are some residences in more remote areas and suggested they should not have to put up a 6 foot fence. He referred specifically to the communities on the edge of Bel Aire and the homes on Upper Cecelia Way where a fence is not allowed and suggested more flexibility be allowed for staff s interpretation. Commissioner Kunzweiler asked if the beekeeping portion of the ordinance could be dropped and not discussed tonight, and if the Commission could discuss only the chicken portion of the ordinance. Associate Planner Tyler said bees and chickens were brought together because they are two of the most common small agricultural uses. She said the Commission could move forward with the chicken-keeping issue only if it so chose. Commissioner Welner asked what possible options exist for a person with a severe allergy to beestings located near a neighbor applying for a beekeeping permit. Director Anderson said if the process is ministerial then there would be no appeal possible. If the process remained as requiring a Conditional Use Permit, then there could be an appeal. Chairman Corcoran pointed out there would also be no noticing of neighbors if the process is ministerial. Chairman Corcoran asked why the standards were proposed to be adopted by separate resolution and not included directly in the zoning ordinance. Director Anderson explained that these are types of items that are amended more frequently. It is easier and faster to have the Town Council pass a resolution than it is to go through a longer ordinance process which requires at least three public meetings and another 30 days after adoption to go into effect. Chairman Corcoran said if the Town was not going to officially regulate bees as an end result of this process, could it convert the draft standards into a guidebook or handout for homeowners to reference if they want to have bees? Director Anderson said the Town currently regulates beekeeping because a Conditional Use Permit is required. If nothing is done to change that current process, then it is likely that the draft standards would become standardized conditions of approval on any bee-keeping conditional use permits issued. Chairman Corcoran said a third option tonight would be to not have any regulation of beekeeping and strike bees from the definition of agriculture. Commissioner Welner said this would be allowing people to raise bees by right, and if that were the case, the keeping of bees would have even fewer restrictions than the keeping of chickens. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 2 Commissioner Weller asked how many complaints, about beekeeping the Town has received, and how many complaints about allergies to beekeeping the Town has received. Associate Planner Tyler answered "zero" to both questions. Commissioner Welner pointed out the current conditional use permit approach is being used and there have been no complaints. Currently if someone does have a complaint there is a way to stop the process. Since there have been no complaints, this means there are no issues. With the consent of the Commission, Chairman Corcoran re-opened the public hearing to hear from a member of the public. Bill Downs said he has attended a number of beekeeping meetings and people understand that bees are needed to pollinate flowers in their gardens. The current requirement is very excessive, requiring $1,500 for a Conditional Use Permit, and he believes the reason there have been no complaints is because no one has pursued that high cost. The only thing that is achieved by keeping the current process is allowing neighbors to attack other neighbors. He said bees are necessary and every other town lets people keep bees. There should be no restriction whatsoever and he thinks the problem has been regulated way beyond the level needed. He would like to see the regulation eliminated and thinks that is the most rational approach. Linda Emberson said it does make sense for the Town to know where the bees are being kept. She said instead of requiring a Conditional Use Permit, the ministerial process would allow the Town to know where the bees are located. Chairman Corcoran closed the public hearing. Commissioner Weller asked about the duration of the permit if a ministerial approach is adopted. Director Anderson said land use approvals generally continue to be valid indefinitely and do not expire by the mere passage of time. However, if circumstances have changed, or the Town determines that an approval was based on false information, or the applicant is not abiding by the conditions of approval, or the use is abandoned for an extended period of time, then the permit may be revoked following a hearing. Commissioner Weller asked that if someone developed a health concern, could staff then revoke the permit. Director Anderson said if it were determined to be a public nuisance then the Town could revoke the pen-nit. Commissioner Welner said being allergic to bees is not a public nuisance. He said he sees the advantage of the ministerial permit but is hesitant to approve a process that does not allow someone to raise issues prior to approval. Director Anderson said the types of issues people would typically raise are individual medical issues, and staff is not in a strong or knowledgeable position to judge such medical issues as part of a zoning permit review. Commissioner Weller asked if something can be ministerial but also give people a right to appeal. Director Anderson responded that according to the Town Attorney, no notice means no appeal is generally allowed by parties other than the applicant. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 3 Chairman Corcoran asked if the definition of agric.Vlture in the ordinance before 2010 included bees. Director Anderson responded that the way the ordinance had been updated in 1990 did not specifically allow "agricultural uses" in any zone. Prior to 1990, the Zoning Ordinance contained some rather vague language allowing fruit trees and limited agricultural uses in certain residential zones. Commissioner Kunzweiler, said the premise in this discussion is there is an inherent danger in the keeping of bees. That is merely an assumption and he suggested not discussing bees tonight. He said we are creating an argument for which we do not have any facts or basis for evaluating possible public danger. Commissioner Welner said he is hesitant to approve a ministerial process because it eliminates a neighbor's ability to stop the beekeeping. Chairman Corcoran said he appreciates this perspective, but there are many dangers one is exposed to in Town and it is difficult to regulate each of those things. He pointed out dogs are potentially a lot more vicious than bees. Commissioner Welner pointed out bees are expected to travel across property lines, whereas dogs can be controlled so as not to cross over into a neighbor's property. Chairman Corcoran said there could be a carcinogenic fume that crosses the lines, and there are hazards and dangers everywhere. He said most other communities have spoken and do not think this rises to that level of danger. Director Anderson said he did not believe that the rewrite in 1990 consciously removed all agricultural uses from residential zones; it was simply not a community issue at that time and any prior references to it dropped out of the new version. Chairman Corcoran agreed and said people are more conscious of bees and chickens now because of the sustainable food movement. Commissioner Weller said the current cost system is prohibitive and he is concerned that people will keep bees without applying for the permit. He supported making the process ministerial and noted that no one has come forward concerned about the health issues from the public. He would like the Town to be in favor of responsible beekeeping and favored adopting the approach with some minor modifications of item 8 in the draft standards for beekeeping. Commissioner Kunzweiler said he would like to move forward with the ministerial process for the chickens and he could go either way on the process for beekeeping. He would like it to be under some reasonable level of control and management, and to reduce the price to $250. He is comfortable moving forward with a ministerial review and approval process for both chickens and bees. Commissioner Welner said he is torn but is opposed to a ministerial or by right process for beekeeping. Chairman Corcoran said he does not think there should be any regulation. He noted there is no record of any comment or concern; felt that a remedy is being created for a problem that does not exist; and did not believe there should even be a ministerial process. He believes that beekeeping and keeping of chickens should be "by right". TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 4 Commissioner Kunzweiler said the ministerial approval allows for enforcement of the standards of care. Commissioner Welner said in his neighborhood of Belveron East, there was a neighbor who wanted to keep bees and out of concern asked around to see if people would object. They received quite a few negative responses and therefore did not proceed. He is keeping this in mind during this discussion. If there had been a ministerial process in place, then his neighbor could have raised the bees. He stated that there are people in the community who worry about bees. Commissioner Weller asked if this meeting was noticed and publicized, and Director Anderson answered that the meeting was publicly noticed in the Ark newspaper. Commissioner Weller said the Commission can only respond to the public concerns, and there has not been any concern expressed by the public. Commissioner Welner said with this type of issue people do not complain until it is the house next door. Chairman Corcoran said if neighbors were surveyed before many decisions were made, they would probably be against most proposals, and pointed out again that there are inherent dangers already present in the community with respect to bees. ACTION: It was M/S (Weller/Kunzweiler) to adopt the ministerial approach in the resolution proposed by staff regarding beekeeping with the following modification to Item 8: "A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and all abutting developed or developable parcels". Motion failed: 2-2-0 (Corcoran and Welner opposed). Commissioner Weller pointed out the motion did not pass and, therefore, the Conditional Use Permit will still be in effect. Chairman Corcoran listed several towns in the County who do not require a Conditional Use Permit and asked why Tiburon should do things differently than all of the other communities in Marin. Director Anderson said the communities that have recently taken a closer look at this issue have set up standards and procedures for people to go through, and he thinks this will be an increasing trend in communities as more people want to keep chickens and bees. Chairman Corcoran said there was a complaint that drove the process in Corte Madera, but there is nothing driving the process in Tiburon. Director Anderson said there have been two complaints in recent years about chicken keeping without permits, and the Commission realized it is currently an onerous process and this is what began the current review of the process. The beekeeping is also becoming a popular activity in other communities along with chickens, and this is why staff included bees and chickens together. Chairman Corcoran said he does not believe the process should remain as a Conditional Use Permit. He would reluctantly support the ministerial process and will therefore move his position. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 5 ACTION: It was M/S (Well er/Kunzweil er) to adopt the ministerial approach in the resolution proposed by staff regarding beekeeping with the following modification to Item 8: "A flyway barrier at least six (6) feet in height, consisting of a solid wall, fence or dense vegetation shall be installed between the bee hive colony(s) and all abutting developed or developable parcels". Motion carried: 3-1-0 (Welner opposed). Commissioner Welner said he is very supportive of the ministerial approach for the raising of chickens. He said the structure of the ordinance and process for enforcement all look very good, and he supports section 16-40.070, but only to the extent that it covers chickens. He suggested a separate vote on chickens because he plans to vote in favor of the resolution for chickens. Chairman Corcoran asked if they would essentially be creating two new zoning sections by voting separately on bees and chickens. Director Anderson said since the majority voted in favor of a ministerial process for beekeeping, staff would prepare a very similar proposal for both chickens and bees. Chairman Corcoran questioned Item 8 in the Standards for Chicken-keeping prohibited the slaughtering hens on the property. Director Anderson said that item was borrowed from other towns that have standards for chicken-keeping, and the Commission may alter the standards if they so desire. Commissioner Weller said he thinks the purpose of the item is to restrict the raising of chickens for consumption. Chairman Corcoran pointed out there is nothing in the report to prevent raising chickens for consumption, and that people could go somewhere else to have them slaughtered. Commissioner Kunzweiler said the intent of changes to the process was to allow for chickens as pets and for eggs and not for agricultural uses. Commissioner Weller said he sees no compelling reason to allow slaughter, and if people begin to petition to be able to slaughter, then this could be changed in the future. ACTION: It was M/S (Welner/Kunzweiler) to adopt the ministerial approach proposed by staff regarding the keeping of chickens. Motion carried: 4-0. MINUTES: 2. PLANNING COMMISSION MINUTES - Regular Meeting of March 28, 2012 ACTION: It was M/S (Kunzweiler/Corcoran) to approve the minutes of the March 28, 2012 meeting as submitted. Motion carried: 2-0-2 (Welner and Weller abstained). ADJOURNMENT: The Planning Commission adjourned the meeting at 8:35 p.m. TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 6 JOHN CORCORAN, CHAIR TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY (ACTING) TIBURON PLANNING COMMISSION MINUTES NO. 1020 APRIL 11, 2012 PAGE 7 TOWN OF TIBURON Action Minutes - Regular Meeting Tiburon Town Hall Tiburon Planning Commission 1505 Tiburon Boulevard May 9, 2012 - 7:30 PM Tiburon, CA 94920 ACTION MINUTES TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL At 7:30 PM Present: Chairman Corcoran, Vice Chair Tollini, Commissioner Kunzweiler, Commissioner Weller Absent: Commissioner Welner ORAL COMMUNICATIONS There Were None Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARINGS 1 BLACKFIELD DRIVE, SUITES A-D (COVE SHOPPING CENTER): FILE #19710; REQUEST FOR RENEWAL OF A CONDITIONAL USE PERMIT TO OPERATE AN EXISTING WIRELESS COMMUNICATIONS FACILITY; The Cove Shopping Center, Inc, Owner; Sprint Wireless, Applicant; Assessor's Parcel No. 034-212-18 [DW] Continued to June 13, 2012 (Applicant did not Appear) 4-0 2. 1620 TIBURON BOULEVARD: FILE #11106; CONDITIONAL USE PERMIT REQUESTING THE MODIFICATION AND EXPANSION OF AN EXISTING WIRELESS COMMUNICATIONS FACILITY; Barbara Abrams, Owner; AT&T Mobility, Applicant; Assessor's Parcel No. 059-101-03 [DW] Approved 4-0 Tiburon Planning Commission Action Minutes May 9, 2012 Page 1 3. 761 HILARY DRIVE: FILE #19908; BIENNIAL REVIEW OF A CONDITIONAL USE PERMIT THAT AUTHORIZED THE EXPANSION OF AN EXISTING CHURCH AND SCHOOL (ST. HILARY CATHOLIC CHURCH AND ST. HILARY SCHOOL); Assessor's Parcel Nos. 055-253-20 and 055-221-06 [DW] Found in Conformance; Remove Biennial Review Requirement 4-0 MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of April 11, 2012 Approved as Amended 4-0 ADJOURNMENT At 8:15 PM Consider Cancellation of May 23, 2012 regular meeting Tiburon Planning Commission Agenda May 9, 2012 Page 2 TOWN OF TIBURON REGULAR Meeting Tiburon Town Hall Parks, Open Space and Trails Commission 1505 Tiburon Boulevard May 15, 2012 - 6:00 PM Town Hall Council Chambers Tiburon, CA 94920 AGENDA PARKS, OPEN SPACE AND TRAILS COMMISSION CALL TO ORDER AND ROLL CALL Chair Winkler, Vice-Chair McMullen, Commissioners Feldman, McDermott, and Allen ORAL COMMUNICATIONS Persons wishing to address the Parks, Open Space & Trails Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Parks, Open Space & Trails Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action or follow-up may be referred to Town Staff or placed on a future Parks, Open Space & Trails Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. MINUTES • Approval of Minutes - Meeting of March 20, 2012 COMMISSION AND STAFF BRIEFING • TPC-Teather Park Pedestrian Fair-weather Path • Dog walkers and impacts to the open space. SUBCOMMITTEE REPORTS • n/a BUSINESS ITEMS 1. Introduction of Amendment to POST By-Laws 2. Bay Trail Gap Closure Study - Update and Final Draft Concepts ADJOURNMENT Agenda - Regular Meeting May 15, 2012 Page 1 Tiburon Parks, Open Space & Trails Commission TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Regular Meeting Design Review Board May 17, 2012 7:00 P.M. Chairman Kricensky, Vice Chair Emberson, Boardmembers Chong, Johnson 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 (if any) OLD BUSINESS 1. 440 RIDGE ROAD: File No. 21204; Ridge Road LLC, Owner; Site Plan and Architectural Review for construction of a new single-family dwelling, with a Variance for excess lot coverage. The applicants propose to demolish an existing dwelling and construct a new two-story dwelling. The new dwelling would result in a total floor area of 4,190 square feet. The house would have a lot coverage of 17.6% in lieu of the maximum 15.0% lot coverage permitted in the RO-2 zone. Assessor's Parcel No. 059-082-21. [DW] CONTINUED TO 6/7/12 2. 10 CIBRIAN DRIVE: File No. 711124; Diane Lee, Owner; Site Plan and Architectural Review for construction of additions to an existing single-family dwelling. The applicants propose to construct a 616 square foot addition above the lower level of the existing house. The project would result in a total floor area of 3,842 square feet. Assessor's Parcel No. 038-011-40. [LT] 3. 1 BENTON COURT: File No. 712020; Dan Morgan, Owner; Site Plan and Architectural Review for construction of a new single-family dwelling. The applicants propose to demolish an existing dwelling and construct a new two-story dwelling. The new dwelling would result in a lot coverage of 22.5% and a total floor area of 3,208 square feet. Assessor's Parcel No. 039-011-12. [DW] Design Review Board May 17, 2012 Page 1 4. 687 HAWTHORNE DRIVE: File No. 21206; Michael and Elena Stephens, Owners; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with Variances for reduced side yard setback and excess lot coverage. The applicants propose to add a new garage and addition that would add 895 square feet to the existing dwelling. The project would result in a lot coverage of 32.6% in lieu of the maximum 30.0% allowed in the R-1 zone and extend to within 6 feet, 8 inches of the left side property line in lieu of the 8 foot minimum side yard setback allowed in the R-1 zone. Assessor's Parcel No. 055-191-02. [LT] PUBLIC HEARINGS AND NEW BUSINESS 5. 90 VIA LOS ALTOS: File No. 712029; Pamela and Mitchell McCullough, Owners; Site - Plan and Architectural Review for construction of an addition to an existing single-family dwelling, with a Floor Area Exception. The applicants propose to add a 327 square foot guest bedroom and bathroom within existing crawl space on the lower floor of the house. The project would result in a total floor area of 6,206 square feet in lieu of the maximum floor area ratio of 5,970 square feet. Assessor's Parcel Nos. 034-330-43 & 44. [DW] MINUTES 6. Regular Meeting of May 3, 2012 ADJOURNMENT Design Review Board May 17, 2012 Page 2 REGULAR MEETING RECEIVE BELVEDERE-TIBURON LIBRARY AGENCY Monday, May 14, 2012 MAY 10 2012 Belvedere City' Hall City Hall Council Chambers TOWN MANAGERS OFFiGi: 450 San Rafael Avenue TOWN OF TIBURON Belvedere, CA 94920 6:30pm Expansion Update: Information Session with Belvedere City Council REGULAR MEETING AGENDA 7:00 Pm Belvedere Recreation Center, Ground Floor 450 San Rafael Avenue, Belvedere, CA 94920 CALL TO ORDER/ROLL CALL OPEN FORUM 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 will be agendized for further discussion at a later meeting. STAFF, BOARD AND COMMITTEE REPORTS 1. Chair's report - Beverlee Johnson (2 minutes) 2. BTLF report - Heather Cameron (5 minutes) 3. Library Director's report - Deborah Mazzolini (10 minutes) 4. Financial Statement for April 2012 (5 minutes) 5. Committee reports (5 minutes) Program Committee calendar, Art Committee 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 Board, its staff or the public may request removal of an item for discussion. 6. Approval of minutes of April 16, 2012 7. Approval of warrants dated April 2012 and in-house check register TRUSTEE CONSIDERATIONS The purpose of Trustee Considerations is to list items for discussion and potential action. 8. Building Program Expansion - community meeting questions and concerns 9. Draft budget FY2012/2013 10. Engagement Letter from OUM & Co. LLP for auditing services COMMUNICATIONS & ANNOUNCEMENTS 11. Monthly calendar 12. Schedule of FY 2012 meeting dates 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. RECEIVED MEETING NOTICE MAY 10 2012 MARIN LOCAL AGENCY FORMATION COMMISSION TOWN MANAGERS OFFICE TOWN OF TIBURON NOTICE IS HEREBY GIVEN that the Marin Local Agency Formation Commission will hold a special meeting onfFr' Ma 18, 2012,)at the Sewerage Agency of Southern Marin meeting room, 450 Sycamore Street, Mill Valley, CA, at 10:30 a.m. This notice is issued because a quorum of LAFCO Commissioners may attend, as non-participating observers, a meeting of LAFCO staff with the managers and presidents of theme, Almonte, Homestead Value and Richardson Bay Sanitary Districts to discuss possible terms and conditions of approval for the proposed consolidation of the four aforementioned sanitary districts. The meeting will include discussion only. No action will be taken. The meeting agenda is as follows: AGENDA I. Introductions II. Public open time III. Discussion of draft terms and conditions, Govt. Code Section 56886 IV. Adjournment Questions regarding this meeting should be directed to Peter Banning, Executive Officer, Marin LAFCO, at mailing address: 555 Northgate Drive, Suite 230, San Rafael, CA 94903; or by phone at (415) 446-4409 or by e-mail to pbann@aol.com.