Judge Delays Tentative Ruling in Tiburon Ridge Development Suit

Local gift guide Family-friendly events special | pullout November 20, 2019 $1.50 special pullout section section TIBURON • BELVEDERE • STRAWBERRY Named the nation’s best also inside small community weekly 2018 & 2019 winner, 2014-2017 fi nalist POLICE FINISH INVESTIGATION INTO General Excellence, National Newspaper Association BELVEDERE BOY’S BOATING DEATH HOLIDAY GUIDE Volume 47, Issue 47 | thearknewspaper.com Page 5 FALL/WINTER 2019 pg&e power shutoff Pacific Gas and Electric Co. is warning Marin residents of a public-safety power shutoff set Judge delays tentative ruling in to go into effect beginning about 4 today, Nov. 20 — but as of The Ark’s press deadline Nov. 18, no part of the gr eater Tiburon Peninsula was expected to be part of the outage. Tiburon Ridge development suit Look up your address at psps.ss.pge.com. To stay updated, register your contact information at alertmarin.org, nixle.com, and at arkn.ws/ Town and citizen group are pgezipalert. For Ark updates, visit thearknewspaper.com, facebook.com/thearknewspaper suing county to invalidate and @thearknewspaper on Twitter and Insta- gram. environmental impact report By DEIRDRE McCROHAN [email protected] Filing period for ——— Marin County Superior Court Judge James Chou has delayed a tentative ruling in favor Town Council, of the county in a dispute over the Martha Co.’s proposed 43-home development on the Southern Marin Tiburon Ridge, giving both the county and plaintif s Tiburon Open Space and the town supervisor runs of Tiburon time to prepare in-depth written briefs expanding on their oral arguments. Tiburon Open Space f led suit against the through Dec. 6 JASON WELLS 2018 county of Marin in 2017 after the county The Martha Co. wants to create a 43-lot subdivision on a 110-acre parcel on the southern Tiburon Board of Supervisors approved the master By DEIRDRE McCROHAN Ridge. Its environmental impact report was certifi ed by the county in 2017, but grassroots group Tiburon Open Space fi led a lawsuit to challenge the certifi cation and was joined by the town of Tiburon. plan for the subdivision, which is proposed [email protected] for 110 acres of private property at the ——— southern tip of the Tiburon Peninsula. The Residents interested in running for lawsuit sought to invalidate the developer’s the Tiburon Town Council, the District 3 environmental impact report, which the supervisor representing Southern Marin Residents blast mooring-fi eld ——— and a host of other seats in the March See LAWSUIT, PAGE 21 2020 election can continue to f le for can- didacy through Dec. 6 plan; bay agency delays decision Local ballots for the March 3 Presiden- nounce the idea at the agency board’s Nov. tial Primary Election will include a race By GRETCHEN LANG Water polo, earlier [email protected] 14 meeting in Tiburon, where the board for the Tiburon council seat vacated by ——— ultimately decided to hold of on a vote on Jim Fraser, who resigned in October. fi tness-center hours whether — and where — to establish per- Also up for grabs on the ballot will Belvedere residents spoke out against manent moorings on the bay. be the four-year seat of Southern Marin the idea of creating a mooring f eld of restored at Tiburon Jim Robertson, president of the West Supervisor Kate Sears, who announced West Shore Road, telling the Richardson Shore association, is among residents who earlier this year she would not run again Bay Regional Agency board last week it say the agency should enforce its existing Peninsula Club when her current term expires in January was a “shocking” idea that could endanger rules and not create a new f eld at all. 2021. the whole of Belvedere Island. Neighbors push back, say In addition, the seats of U.S. Rep. Jared Members of the West Shore Homeown- ——— Huf man, D-San Rafael, and state As- ers Association lined up to publicly de- See ANCHORAGE, PAGE 20 they’re worried about noise semblyman Marc Levine, D-San Rafael, A mooring-fi eld By DEIRDRE McCROHAN are up for election, as are the six-year study provided by [email protected] seats of Marin Superior Court Judges Merkel Merkel & ——— Verna Adams, Mark Talamantes and Associates Inc. The Tiburon Peninsula Club can once Beverly Wood. for the Richard- again hold weekday-evening water polo The nomination period ends at 5 p.m. son Bay Regional Agency suggests practice and expand the weekday hours of Dec. 6, with an extension to Dec. 11 for the best ecologi- its f tness center after the Tiburon Planning races in which the incumbent does not cal locations for Commission approved updates to the club’s f le. That extension does not apply to the a mooring fi eld conditional use permit. Town Council race. are closer to After conducting a six-month review of In the Tiburon council race, Hawthorne Belvedere. the permit at its Nov. 13 meeting, the com- Terrace resident Jack Ryan has taken out MERKEL MERKEL & mission voted 3-0 to allow the club to host ASSOCIATES INC. ——— ——— See CANDIDATES, PAGE 21 See CLUB, PAGE 21

Travel, continued from page 19 Anchorage, from page 1 here on a boat.” bay f oor, he said. Private moorings should ——— ——— Anchor-out Sunny Yow agreed. be banned, he said. “It’s totally unrealistic to have to row He suggested f ve potential mooring own barley and 13 varieties of hops directly He brought photos of boats that had that far,” she told directors. f elds. The primary f eld would be in wa- on property. The Pour House of ers local washed up onto West Shore docks and Richardson Bay Regional Agency Exec- ters of Belvedere Island and moving south and traveling musical acts from bluegrass to said he had retrieved gas canisters from utive Director Beth Pollard said Sausalito into the center of the bay, with smaller blues, and the tiny Silva Brewing Co. sits next boats and from under his dock. of cials have urged the agency to look f elds possible of Sausalito and in Belve- door in the same building. “If one of these boats hits the shoreline elsewhere for shore access for vessels in dere Cove. and starts a f re in a 40-knot wind, they agency waters, for instance in Belvedere Merkel, however, admitted to the board Paso Robles perfected will not be able to stop it,” Robertson said. and Tiburon. of directors at last week’s meeting that in a new luxury hotel “It could take the entire island out. This Pollard noted the yacht clubs in Belve- many of the current crop of vessels on the The Hotel Piccolo opened in mid-October isn’t going to go away with a mooring dere and Tiburon do of er some short-term anchorage were not seaworthy enough to to much fanfare as an upscale sister prop- f eld.” accommodations for cruising sailors, but relocate to Belvedere waters, with their erty of the well-known Paso Robles Inn and The agency, charged with managing there are no public or private tie-up facili- stronger tides and winds. Steakhouse. The boutique hotel, with 23 Richardson Bay anchorage, recently com- ties. In putting of its decision on the moor- luxury king rooms and a two-room suite, missioned a study that concluded the most “RBRA doesn’t own any shore-access ing f eld last week, the agency board said was designed with the discerning traveler ecologically friendly place to moor boats in points,” Pollard said. “Sausalito has the it needed more time to assess its options. in mind. Every detail and amenity has been the bay would be in two zones starting 600 only publicly owned land. The (agency) In her staf report, Pollard outlined sev- thoughtfully created to pamper guests. A bell- feet of of Belvedere Island and moving to- doesn’t own any land.” eral options for the board’s consideration, man greets you at the curb and of ers valet ward the center of the bay. The agency has struggled for years to including declining to pursue a mooring parking and concierge services. Fire pits and The board must now decide whether to manage the bay’s anchorage, home to a f eld entirely or pursuing a “pilot proj- comfy couches beckon you to relax in the open move forward with a mooring f eld or look community of ragtag liveaboards, some ect” with just a few moorings for a trial courtyard, while the Piper Wine Lounge of ers for other options, which will include con- of whom struggle with substance abuse, period. The agency could also establish sideration of the socioeconomics of anchor- wine tasting and the elegant open-air Rooftop mental illness and poverty. Over the years an eelgrass protection zone in which no outs and how to provide shore services for the bay has become choked with derelict Bar serves creative cocktails with a view of boats could moor, although such an option them, as well as how to fund construction vessels that often sink or slip anchor in the setting sun over the undulating hills. If it’s would not solve the problem of unregulat- cool, snuggle by the f re in the library or take of the f eld and increased enforcement. storms and wash up on Belvedere and ed boats, she said. French champagne to your room. Marty Winter, the Belvedere City Coun- Tiburon shores. To move forward with a mooring f eld, cil’s representative to the bay agency In recent years, the agency’s board of the agency would also have to get permis- Downtown restaurants worth a visit board, has previously said the agency has directors has explored the idea of a regu- sion from the San Francisco Bay Conser- The Steakhouse is an institution in Paso no intention of creating a mooring f eld of lated mooring f eld they say would ensure vation and Development Commission. The Robles, serving gigantic cuts of meat. After the city’s shores, but West Shore residents boats on the bay were properly registered, commission continues to oppose the idea dinner on Thursday-Saturday, linger for a didn’t want to take any chances. seaworthy and securely moored. of long-term anchoring of any kind on the signature cocktail and live music in the Cattle- At the meeting, Matt Chatham, who Such moorings would also protect the bay and has urged the agency to enforce men’s Lounge. said he had recently moved to West Shore bay’s eelgrass, a vital resource for marine La Cosecha on 12th Street is known for Road, said he arrived to Belvedere to f nd life in the bay. Anchors and lines moving its regulations against liveaboards instead. Spanish and Latin American gourmet fare. his neighbors in an “uproar” over the idea with the tides on the bay f oor damage eel- Under this pressure, the agency has BL Brasserie of ers f ne dining featuring tra- that boats might be permanently parked grass beds, ecologists say. made moves to better enforce its regula- ditional French dishes in a cozy atmosphere of their docks. Environmentalists insist that boats tions, hiring a new harbormaster, Curtis with soft lighting and white table cloths. “Belvedere and Tiburon is a family should not be allowed in the parts of the Havel, and tasking him with enforcing area,” he told the board, “with kids play- bay where eelgrass f ourishes. But that time limits on new boats coming into the Area boasts prime summer ing in the streets and on the water. This is leaves only certain areas that are deep bay. Havel has also been focusing on re- concert venue further injuring our homes.” enough and away from strong winds and moving unoccupied boats that are used for Nestled between oak trees and vineyards, The bay is currently home to approxi- tides for boats to moor, according to ecolo- storage, he said. Vina Robles Amphitheatre, a 3,300-seat out- mately 175 vessels, more than half of them gist Keith Merkel. Havel has said repeatedly that he needs door venue, is a prime attraction for summer occupied by liveaboards who use public Merkel, of San Diego-based Merkel and more help and agency staf is pursuing concerts. On Thursday nights during the sum- docks in Sausalito to tie up for supplies Associates, recently completed an “eco- a plan to have an armed police of cer or mer, the public park in downtown Paso Robles and services. logically based mooring and feasibility deputy accompany him on a rotating basis is the venue for free concerts featuring R&B, Mariners moored in Belvedere waters assessment and planning study.” A f nal to assist with law-enforcement actions. country, blues, rock and more. would have no immediate access to shore draft of the study was presented to the But Pollard told board members bluntly We traveled to San Luis Obispo County facilities and would need to travel a mile board of directors last week. at last week’s meeting that the harbormas- to see the “Field of Light” installation and over open water to reach public docks in After studying, wind, wave patterns ter will need more help if he is to ef ective- discovered that Paso Robles is the new go-to Sausalito. and bay bathymetry, as well as document- ly patrol the anchorage and enforce laws. destination for weekend escapes from Los “If there is an emergency and these ing where eelgrass was growing, Merkel “What I’m coming to you to say is that Angeles and San Francisco, and a popular people have to come to shore, where are concluded that there was “considerable we need more staf ,” she told the board of venue for destination weddings. they to go?” said West Shore Road resident ecological damage” to eelgrass in the bay directors. “I will likely be coming to you Debra Dewitt. “It’s a residential neighbor- and recommended boats be relocated far- with a proposal to expand the staf .” Contributing travel writer Marybeth Bond- hood. There is no place to go unless you ther south and east, away from eelgrass Sheppard of Tiburon is a National Geograph- walk around Belvedere Island. You’re en- beds. The boats should be secured on con- Contributing writer Gretchen Lang of ic author and founder of gutsytraveler.com. dangering the lives of everyone who lives servation moorings that do not drag on the Belvedere covers the environment.

TOWN OF TIBURON Boulevard, Tiburon, California. The 11 TERNERS DR. APT. 21 /s/Cyril Derreumaux Legals, continued from page 18 NOTICE OF PUBLIC HEARING Planning Commission will meet on SAUSALITO, CA 94965 20 1/2 Olive Ave. ——— SPECIAL MEETING Monday, December 9, 2019. The This business is conducted by an in- Larkspur, CA 94939 Monday, December 9, 2019 meeting will begin at 7:30 P.M. dividual FILED: November 5, 2019 Notice is hereby given that the Tiburon review at the Tiburon Planning Division at 7:30 P.M. NOTICE OF LIMITATION ON LEGAL /s/Mikheil Meskhi Shelly Scott Planning Commission will hold a pub- Town Council Chambers, 1505 Tiburon CHALLENGES 11 Terners Dr. Apt. 11 Marin County Clerk at 1505 Tiburon Boulevard, Tiburon, CA Boulevard lic hearing to conduct a review of a Pursuant to Section 65009 of the Sausalito, CA 94965 By: S. Oliva 94920. Questions regarding this applica- Notice is hereby given that the Tiburon California Government Code, please be FILED: November 4, 2019 Ark Legal 3417 Nov 20, 27, Dec 4, Conditional Use Permit granted in 2019 tion should be directed to Kyra O’Malley, Planning Commission will hold a public to allow outdoor live music on an exist- advised that if you challenge the Town’s Shelly Scott 11, 2019 Senior Planner at (415) 435-7397 or hearing to consider an application filed action on this application in court, you Marin County Clerk ing exterior deck for Sam’s Anchor [email protected] pub- by the Jennifer Dunbar for a Variance Cafe on property located at 27 Main may be limited to raising only those issues By: J. Gilardi CERTIFICATE OF ABANDONMENT OF lic meeting will be held at the Town for parking to allow one (1) off you or someone else raised at the public Ark Legal 3416 Nov 20, 27, Dec 4, Street (Marin County Assessor’s Parcel street parking spaces in lieu of FICTITIOUS BUSINESS NAME Number 059-151-35). Council Chambers, 1505 Tiburon hearing described in this notice, or in 11, 2019 NO. 304897 Boulevard, Tiburon, California. The the minimum requirement for three written correspondence delivered to the On May 1, 2019, the Town Council (3) off street parking spaces on As of November 5, 2019 the following adopted Resolution No. 15-2019 par- Planning Commission will meet on Town at, or prior to, the public hearing. FICTITIOUS BUSINESS person: property located at 2356 Spanish Trail Ark Legal 3415 Nov 20, 2019 tially granting an appeal of the Planning Monday, December 9, 2019. The Road. The proposed project includes NAME STATEMENT BRUNA CALABRIA Commission’s approval of a conditional meeting will begin at 7:30 P.M. converting a single-family dwelling into a NO. 2019147853 214 88TH ST. #101 use permit. A condition of approval of NOTICE OF LIMITATION ON LEGAL two-family dwelling on a non-conforming FICTITIOUS BUSINESS Notice: This statement expires on DALY CTIY, CA 94015 the permit required that the permit be CHALLENGES property (less than the minimum lot size NAME STATEMENT 11/5/2024. A new FBN statement must Is no longer doing business as: reviewed by the Planning Commission Pursuant to Section 65009 of the of 7,500 square feet). The Marin County NO. 2019147839 be ﬁ led no more than 40 days from PRIME MOBILE PET GROOMING approximately six (6) months from the California Government Code, please be Assessor’s Parcel Number for the project Notice: This statement expires on expiration. 247D STREET #103 date of final approval. The primary advised that if you challenge the Town’s site is 059-201-85 11/4/2024. A new FBN statement must The following person is doing business SAN RAFAEL, CA 94901 purpose of the review is to ascertain decision on this application in court, Information on this item is available for be ﬁ led no more than 40 days from as: /s/ Bruna Calabria whether the permit is being exercised in you may be limited to raising only those review at the Tiburon Planning Division expiration. PRIME MOBILE PET GROOOMING 214 88th St. #101 substantial compliance with conditions of The following person is doing business 20 1/2 OLIVE AVENUE Daly City, CA 94015 issues you or someone else raised at the at 1505 Tiburon Boulevard, Tiburon, approval. During this review, the Planning CA 94920. Questions regarding this as: LARKSPUR, CA 94939 FILED: November 5, 2019 Commission may consider modifications public hearing described in this notice, application should be directed to Kyra GPC CONTRACTOR CYRIL MARC JEAN DERREUMAUX Richard N. Benson to the conditions of approval, including, or in written correspondence delivered O’Malley, Senior Planner at (415) 435- GOOD PLUMBING COMPANY 20 1/2 OLIVE AVENUE Marin County Clerk but not limited to, adding, deleting, or to the Town at, or prior to, the public 7397 or [email protected]. 11 TERNERS DR. APT. 21 LARKSPUR, CA 94939 By: S. Oliva modifying conditions of approval. hearing. The hearing will be held at the Town SAUSALITO, CA 94965 This business is conducted by an in- Ark Legal 3418 Nov 20, 27, Dec 4, Information on this item is available for Ark Legal 3414 Nov 20, 2019 Council Chambers, 1505 Tiburon MIKHEIL MESKHI dividual 11, 2019