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Home My WebLink AboutTC Agenda 2018-06-20 Dear Mayor and Members of the Town of Tiburon Town. Council: With this letter, the undersigned requests to be placed on the agenda of a Town of Tiburon Town Council meeting sometime in July or August of 2018. At that time, we will request that a modification be made to the action taken by Town Council on May 2, 2018 to remove 15 trees from the South Knoll area. Our request will reference Town of Tiburon Tree Risk Assessment of December 26, 2017, prepared by HortScience, Inc. We will also refer to subsequent (email) dialog with the report's author, James R. Clark, Ph.D. Specifically, we will request that trees #22, #23, #25 and #26, all Blackwood acacias and all of them on the "island" of land between Old Rail Trail and Tiburon Boulevard that is not owned by Town of Tiburon, NOT BE REMOVED. We will make this request for the following reasons: 1.) SHADE. Removing these trees will severely diminish if not eliminate the only shade available to walkers and joggers along the 1.5 miles of Old Rail Trail between San. Rafael Avenue and Blackie's Pasture. 2.) BEAUTY. Removal will also create a "scorched earth" appearance to the entire South Knoll area that will likely cause considerable public outcry. Your adding eight trees to the list of trees to be removed, five of them massive Blue Gum eucalyptus (trees #7, #11, #18, #20 and #21), that now exist parallel and close-by to Old Rail Trail, put a new dynamic to the recommendation of the Parks, Open. Space and Trails (POST) Commission that only seven trees be removed. We maintain that careful study of this situation could minimize, if not eliminate, the public criticism that will inevitably occur. Once these trees are removed, it will take decades, possibly a generation, to recapture the shade and esthetic beauty that now exists along Old Rail Trail in the South Knoll area. E (��, 1E OWE P FLAA NN�N I N G CLIVI 1011 3.) SAFETY. In recent discussions (via email) with Dr. Clark, he stated the four Blackwood acacias we're requesting be saved, "pose a low risk to users of the trail." Further, he said that their being listed for removal was a "management recommendation rather than a risk recommendation." The difference being that the former is based on a theory of, "Let's do it now while we are doing other work in the area." He concluded: "From a (risk) standpoint the Blackwoods are down on the priority scale and would likely never be (removed) solely to abate risk." 4.) INTENT. The original applicants who wanted 42 trees removed for South Knoll (Mr. and Mrs. Hurwin) did not stipulate that these four Blackwood acacias be removed. If our request to be on a future Town Council agenda is accepted, please notify us and, in an effort to make your research as efficient as possible, we will identify with green ribbon the four Blackwood acacia trees we wish NOT TO BE REMOVED. In addition, if at anytime you would you like to tour the South Knoll area and the trees slated to be removed, simply contact either one of us and we'll be available at a time that fits your schedule. Thank you for giving this matter your close attention. Respectfully, Sylvia Singh* sylviagcdggmail.com; 415-435-0291 Jim Wood* jwood@marinmagazine.com; 415-789-5032. *We are both members of GreenTeam and Jim is a POST commissioner. However, in this matter, we represent neither organization; we are acting as concerned citizens only. HORTICULTURE i ARBORICULTURE i URBAN FORESTRY l� Memorandum x BARTLETT CONSULTING DATE: June 13,2018 To: Patrick Barnes FROM: Jim Clark Wv-,- SUBJECT: South Knoll/McKegney Green In December 2017, 1 prepared a Tree Risk Assessment for 39 trees located on the subject site. I'm writing to clarify any misunderstandings or confusion about my assessment. Page six of my report includes the following statement: "Risk ratings were as follows: ® Extreme. No trees were identified as having extreme risk. ® High. No trees were rated as having high risk. • Moderate. Blackwood acacias#23—26 were identified as having moderate risk (Table 2). ■ Low.The remaining 35 trees including all 20 blue gums were identified as having low risk." In May 2018, 1 had an exchange of e-mail messages with Jim Wood regarding several blackwood acacia trees#22--26. He expressed a desire to retain#23,25 and 26. In a message dated May 19, 2018, 1 stated the"Blackwood acacias#23, 25 and 26 are not good trees. But they pose a low risk to users of the trail." I erred in making this statement to Mr.Wood. I apologize for doing so. I then Compounded my error in an e-mail dated May 23, 2018. In summary, I stand by the contents of my December 2017 report where I reported that blackwood acacias#23 to 26 had a moderate risk of failure. This is found both in the report(page 6) and in the Tree Risk Rankings form. My comments to Mr.Wood regarding these trees were in error. apologize for any confusion, i i PLANNING 11)1V!S101,` j HortScience I Bartlett Consulting( 325 Ra Street ( Pleasanton,CA 94566 phone 925.484.0211 1 fax 925.484.5096 www.hortscience.coni LATE` MAIL #a./ William J. McKee 311 Paradise Drive Tiburon, California, 94920 415-435-4864 1,A)mckee I Vh-n sri.,cam Town Council 6/16/2018 Town of Tiburon Re: Proposed Smoking and Tobacco Amendment Cc: Editor, the ARK newspaper Editor, the Marin Independent journal Marin County Board of Supervisors Point Tiburon Bayside Homeowners Association Greetings; It appears that the time has come for concerned citizens to speak up in response to the referenced County Regulation, and the current Tiburon Regulation. regarding smoking and tobacco use. Indeed the question to be answered must ask at what point does the afore mentioned governmental organizations, as well as the Federal Government itself, determine that it is their purpose to strongly control the actions of the citizenry. No one would argue against control of actions of persons that directly adversely the health or wellbeing of their fellow citizens. It becomes a problem however, when governmental organizations take it upon themselves to press their power of control to usurp the rights of their citizens in pursuit of a reasonable life style and enjoyments that do not cause injury to their fellows. There is a point where the reasonable control and regulation becomes harassment and then finally tyranny. Without question, there are well-meaning persons within the governments as well as the citizenry in general that wish to impart protections to their fellow citizens; and rightfully, and thankfully so. Unfortunately there are also those that use their powers to "Lord It Over" the common citizenry, not only because they can define a need, but because they simply can, and will, enjoin their constituents with examples of petty tyranny. Perhaps there is no such thing as "Petty" tyranny. One may argue that any and therefore all smoking should be banned throughout the land. Such overreach also resulted in the national government pressing a ban on alcoholic beverages many years ago. You are moving in the same direction with the regulations we are discussing here. Governmental protection of their citizens does not extend to abuse of their rights as human beings to pursue and enjoy a lifestyle of freedom afforded us, and recognized in Our Constitution. Quite simply you are over-extending unnecessarily so. If you wish to protect persons within residences that share a common ventilation system and thereby share in the recycled air being circulated therein, that's reasonable. To take this further and include residences and common properties that do not impinge upon others, borders on the tyranny referred to above. If there is individual air circulation contained within a building and those within that building have adequate air supply aside from any smoking related emissions, no regulation is necessary and therefore an unnecessary burden on those residing or simply passing by. To include outdoor venues that also are replete with voluminous airflow present is similarly bordering on tyranny. We are not children that need, nor do we want, your "protection". If someone offends us with their smoking, we can simply tell them so and they will certainly stop or remove themselves from your presence. No governmental interference is required. You may also read the last sentence to read "Governmental Tyranny". I have been occasionally smoking in and around the Condominium at which I reside (for over the past twenty years) and always take pains to avoid offending anyone nearby. I intend to continue that practice going forward, although I do not wish to be considered a "Law Breaker". I simply disagree with your unnecessary and tyrannical action. Is there not some way you can incorporate appropriate language in your "Regulations" to be considerate of my position, and that of all those similarly situated; as well as providing the "Protections" you wish to place upon us? 1, for one, certainly do not wish to harm nor even offend others but I will fight, as I may need to, to protect my rights. I likewise do not wish to confront our law- enforcement organizations with such.petty issues since they have more pressing items to take care of. Please reconsider your approach to the issues and provide language that considers the general population, and all of us. Respectfully submitted William James McKee Ref: The county law, called the "Marin County Smoke Free Air and Health Protection" ordinance Chapter 28 of the Tiburon Town Municipal Code LATE � SAN FRANCISCO T��/�-�� COALITION ' ~^�^/��^ / / �^-�- ^^~�� `^-/ / /��/» mnm`ub9npopH'Touamm'FneP"Nom --TOBACC-----' cnVan Ness Ave.Suite n4o.San Francisco,o*e*1nz June 2O. 2018 JUN 0 TO: TOWN OFT|BURON tmwn@townoftibumn.org F_..NNI IN, Tiburon Town Ho|| -------�� 1505Tiburon Boulevard Tiburon, CA04Q20 RE: Support for Tobacco-Free Pharmacies inTiburon Dear Mayor and Tiburon Town Council Members- We are writing to ask that you adopt tobacco control policies which will improve the lives and health of countless Tiburon residents, especially young people. The pharmacy provision in particular would nnoka it so any Tiburon phor[nnCy, present or future, would nolonger beable tosell tobacco products ofany kind. In 2008, San Francisco County passed a policy to eliminate the sale of all tobacco products in pharmacies. |twas the first in the United States to Un so. Ending the sale of tobacco in pharmacies is a policy that has been passed in 16 jurisdictions in California and in scores of cities in Massachusetts, Minnesota, and New York. A list of California policies is attached, along with Frequently Asked Questions. If our San Francisco Tobacco-Free Coalition can be of help, please contact us at Bob Gordon,MPH Co-Chair ofthe San Francisco Tobacco-Free Coalition Coalition Member Organizations:African American Tobacco Control Leadership Council(AATCLC)-American Cancer Society Cancer Action Network(ACS CAN)-American Heart Association-American Lung Association-Americans for Nonsmokers' Rights-Bay Area Community Resources(BACR)-Booker T.Washington Community Services Center-Breathe CA-Project E- NUFF'uhu|uKe^ea,ch6mup'Ca|ifomiaL5uTTvbaovsducatiunpartnpnhiv'Cov||tionnf/avendp,Amencansvnynnking or Health(CLASH)/The Last Drag-Freedom from Tobacco-Jamestown Community Center-Rafiki Coalition for Health and Wellness-Samoan Community Development Center-San Francisco Cancer Initiative(SF CAN)-San Francisco University Student Health Services'San Francisco Unified School District Health Programs(SFoSo)'UCSF Center for Tobacco Research and Education-Vietnamese Youth Development Center(VYDC)-YMCA of San Francisco-Youth Leadership Institute(YLI) JUN 0 California LGBT Tobacco Education Partnership 1 (,;'.tic;} o,. Bob Gordon,Project Director 415-436-9182 California LGBT Tobacco Education Partnership 1270 Sanchez Street San Francisco,CA 94114 bob@lgbtpartnership.org LOCAL SUMMARY OF TOBACCO-FREE PHARMACY LAWS IN CALIFORNIA as of June 6,2018 MUNICIPALITY (RETAILERS AFFECTED) 1. San Francisco(126) Walgreens 67 locations Effective Oct 2008 Various Independent Pharmacies 26 locations CVS 13 locations Safeway 10 locations Lucky 2 locations Target 2 locations AHF 2 locations Wellman's 2 locations Pharmaca 1 location Costco 1 location 2. Richmond(6) Central Pharmacy(Ind) 2300 Macdonald Avenue Passed Nov 2009 Costco 4801 Central Avenue CVS 2151 Meeker Avenue Target 4500 Macdonald Avenue Walgreens 1150 Macdonald Avenue Walmart 1400 Hilltop Mall Road 3. Unincorporated Santa Clara(0) Passed Oct 2010 4. Unincorporated Marin(4) CVS 150 Donahue Street,Sausalito(Marin City) Passed Aug 2014 Safeway 110 Strawberry Village(Mill Valley) Walgreens 227 Shoreline Highway(Mill Valley) West Marin Pharmacy(Ind) 4`/A Street(Pt.Reyes Station) 5. Berkeley(17) Abbotts Compounding(Ind) 2320 Woolsey St Passed Sep 2014 CVS 2655 Telegraph Ave CVS 1451 Shattuck Ave CVS 2300 Shattuck Ave Drate Pharmacy(Ind) 2390 Shattuck Ave Milvia Pharmacy(Ind) 2500 Milvia Street Pharmaca 1744 Solano Ave Safeway(no TRL) 3210 College Ave Safeway 1444 Shattuck Place Sal's Pharmacy(Ind) 1831 Solano Ave United Pharmacy(Ind) 2929 Telegraph Ave Walgreens 2995 San Pablo Ave Walgreens 1050 Gillman St Walgreens 2310 Telegraph Ave Walgreens 1607 Shattuck Ave Walgreens 2190 Shattuck Ave Walgreens 2801 Adeline St 6. Healdsburg(3) CVS 455 Center St Passed Nov 2014 Rite Aid 525 Healdsburg Ave Safeway 115 Vine St 7. Hollister(7) ANSR(Ind) 581 McCray St Passed June 2015 Nob Hill Pharmacy 1700 Airline Highway Rite Aid 1701 Airline Highway Safeway 591 Tres Pinos Rd SaveMart 291 McCray St Target 1790 Airline Highway Walgreens 600 Tres Pinos Rd 8. Daly City(7) Apothecary Pharmacy(Ind) 1500 Southgate Ave Passed Sep 2015 CVS 375 Gellert Blvd Lucky Supermarket 6843 Mission Street Target 133 Serramonte Center Walgreens 22 San Pedro Road Walgreens 216 Westlake Center Walgreens 6100 Mission Street 9. Unincorporated Sonoma(2) Lark Drugs Pharmacy(Ind) 16251 Main Street,Guerneville Passed April 19,2016 Safeway Pharmacy 16405 River Road,Guerneville 10. Novato Costco 300 Vintage Way Passed Jan 24,2017(7) CVS 2035 Novato Blvd CVS 1707 Grant Avenue Pharmaca 7514 Redwood Blvd Rite Aid 910 Diablo Avenue Safeway 5720 Nave Drive Target(CVS) 200 Vintage Way 11. Los Gatos(12) CVS Pharmacy 750 Blossom Hill Road Passed May 17,2017 CVS Pharmacy 1496 Pollard Road Horizons Pharmacy 15951 Los Gatos Blvd Pharmaca 54 N Santa Cruz Avenue Rite Aid 15920 Los Gatos Blvd Safeway 15549 Union Avenue Safeway 470 N Santa Cruz Avenue Silicon Valley Pharmacy 14107 Winchester Blvd Sorci Pharmacy 15714 Los Gatos Blvd Walgreens 14100 Blossom Hill Road Walgreens 423 N Santa Cruz Avenue Wellness Pharmacy 14777 Los Gatos Blvd 12. Contra Costa Unincorp.(9) CVS Pharmacy 14830 Highway 4,Discovery Bay Passed July 11,2017 CVS Pharmacy 3158 Danville Blvd,Alamo Park Rexall 3716 San Pablo Dam Rd,El Sobrante Rite Aid 130 Alamo Plaza,Alamo Safeway Pharmacy 14840 Highway 4,Discovery Bay Sam's Club 1225 Concord Ave,Concord Walgreens 3630 San Pablo Dam Rd,El Sobrante Walgreens 15650 San Pablo Ave,San Pablo Walgreens 2700 Willow Pass Rd,Bay Point 13. Palo Alto(11) CVS Pharmacy 352 University Avenue Passed September 18,2017 CVS Pharmacy 2701 Middlefield Road CVS Pharmacy 855 El Camino Real DiscoRex Walgreens 328 University Avenue Maximart Pharmacy 240 Cambridge Avenue Medical Plaza Pharmacy 211 Quarry Road Safeway Pharmacy 2811 Middlefield Road Walgreens 4170 EI Camino Real Walgreens 2605 Middlefield Road Walgreens 300 University Avenue Walgreens 795 El Camino Real 14. Fairfax(0) Passed Nov 1,2017 15. Cloverdale(2) Cloverdale Pharmacy 790 South Cloverdale Boulevard Passed December 12,2017 CVS Pharmacy l l l 1 South Cloverdale Boulevard 16. San Mateo Unincorp.(0) Passed June 5,2018 Tobacco-Free Pharmacy Legislative Policies N .11E,._C�r1__ 1' W [P, I I N; Frequently Asked Questions U7j1,'i �I i PLANNING DIVISI N13 Why is this necessary? According to the CDC,tobacco-related disease claims 480,000 lives every single year in the US. Did you know that the United States is virtually the only country in the world where tobacco products are sold in a business that is licensed as a pharmacy?A local legislative policy, as has been passed in San Francisco, Boston and number of other cities will reduce the number of tobacco outlets and enable pharmacists to dispense medications in the back of the store without addictive and deadly tobacco being sold at the front of the store. What kind of support is there? Pharmacists, pharmacy schools such as UCSF and Touro University,the State of California Board of Pharmacy,American Heart Association, American Cancer Society Cancer Action Network,American Lung Association,Americans for Nonsmokers' Rights, Breathe California, California Association of Retired Americans, California Dental Hygienists Association and Youth Leadership Institute are among the early leaders that have pledged support for local tobacco-free pharmacy policies. Sixteen California communities have passed a legislative policy that eliminates tobacco retailer licenses for pharmacies: San Francisco, Richmond, Unincorporated Santa Clara, Unincorporated Marin, Berkeley, Healdsburg, Hollister, Daly City, Unincorporated Sonoma, Novato, Los Gatos, Unincorporated Contra Costa, Palo Alto, Fairfax, Cloverdale and Unincorporated San Mateo. New York City joined the list in 2017. Will a local tobacco-free pharmacy policy actually do anything to help reduce smoking? More study is needed, but CVS Health published a paper looking at the amount of tobacco being purchased in San Francisco and Boston, communities that no longer provide a tobacco retail license to any pharmacy, be they independent pharmacies, chain drugstores, or big box or grocery stores with pharmacies.The study showed the enactment of policies to eliminate the sale of tobacco products at retailers with pharmacies in San Francisco and Boston was associated with up to a 13.3 percent reduction in purchases of tobacco products. The study can be read here: http://www.cvshealth.com/sites/default/files/Tobacco PolicVResearchLetter Final.pdf Will this hurt small business? Very few independent pharmacies exist anymore, and of those that exist,virtually all are tobacco-free. Even the big chain pharmacies don't seem to have been hurt by not being able to sell tobacco. Even after San Francisco stopped issuing tobacco retailer licenses to pharmacies in 2008,within the year, Walgreens opened a half-dozen more locations in the city, all required to be tobacco-free. -over- Why not stop the sale of other unhealthy products like soda, alcohol and candy? Although there may be support for restricting the sale of soda, alcohol and candy in licensed pharmacies, decades of science point to tobacco as the one product when used as directed, kills. Cigarettes are not a food or a medication and as such have no nutritional or medicinal value.They are addictive and deadly and according to the CDC, are associated with over two dozen illnesses. Some companies have already acted voluntarily. Why is a law necessary? While it's wonderful that independent pharmacies and chains like CVS and Target have corporate policies to not sell tobacco, it's also very important to work towards enacting community-wide laws. A law creates parity by applying equally to all stores with pharmacies, and laws are also sustainable and legally enforceable,while a corporate policy could be revoked at will. Would a law like this be difficult to enforce? Fines for non-compliance and enforcement agencies vary by city and county. But in the communities where tobacco-free policies have been enacted, stores that have been notified by their local health departments have generally complied immediately. For example,when San Francisco pharmacies were no longer eligible for a local tobacco retailer license past Oct 1, 2008,the many pharmacies that had been selling tobacco(ie Walgreens, Safeway, Costco) immediately removed all tobacco products from their shelves. What other resources are available on tobacco-free pharmacies? http://countertobacco.org/tobacco-free-pharmacies http://www.no-srnol<e.org/learnmore.php?id=615 http://changelabsolutions.org/publications/tobacco-free-pharmacies https://www.tecc.org/search/sp/a-gu ide-to-tobacco-free-pha rmacies-ma nuaI/ http://en.wikipedia.org/wiki/Tobacco-Free Pharmacies http://www.tobaccofreerx.org/#!bibliograph)V-2/`cbbo http://www.igbtpartnership.org/pharmacy.html Revised June 6 2018 Bob Gordon bob@ Igbtpartnership.org 415-436-9182 LATE M # PA to ) AMERICAN LUNG ASSOCIA"I"IC3I<I.: June 20,2018 The Honorable Mayor Jim Fraser&Members of the Tiburon Council JUN f' 2018 1505 Tiburon Boulevard ,;` t�i�ii�f�ilf�: � I`_;\ �J Tiburon,CA 94920 - --- —=------' -_._._... Dear Mayor Fraser&Fellow Town Council Members: The American Lung Association in California is the leading public health organization fightingfor clean and healthy air.With a mission of saving lives by improving lung health and preventing lung disease,the Lung Association supports strong measures to protect people from drifting secondhand smoke,as well as retail policies promoting the public health of all residents.We believe that everyone has a right to a healthy environment,especially where they live and shop. We applaud the work the City of Tiburon has done to prioritize the public health of its residents and implement smokefree multi-unit housing policies.According to the U.S.Surgeon General, there is no risk-free level of exposure to secondhand smoke.The home is the last place a person should feel threatened.While many Tiburon resident's living in apartments can breathe freely because of current smokefree policies,strengthening this policy will ensure protections for many more residents. For many of our seniors,children,and those with lung health disabilities like COPD and asthma,the drift of secondhand smoke poses a real life threat.Strengthening smokefree multi-unit housing ordinances will ensure residents living in condominiums and townhomes can breathe clear air at home. Every year hundreds of thousands of people die from tobacco related illness. Frequent exposure to tobacco retail displays has been associated with increased smoking initiation among youth and can create a negative impact on tobacco quit attempts.For these reasons,limiting tobacco sales in pharmacies can support Tiburon resident's cessation efforts and reduce the negative impacts of tobacco sales in the community.According to ChangeLabs Solution,84%of pharmacists in California believe tobacco should not be sold in pharmacies. In September 2014 CVS stopped selling tobacco,resulting in decreased cigarette pack sales and increased nicotine patch purchases in states with a large presence of CVS pharmacies. Thank you for being on the forefront of strong tobacco policy and we urge the City of Tiburon to adopt a stronger smokefree housing policy and pharmacy retail policy to protect and promote the health of Tiburon residents. Sincerely, Amanda Gutzwiller Advocacy Manager,Greater Bay Area California Region 333 Hegenberger Road,Suite 450 1 Oakland,CA 94621 A Ph:510-638-5864 cainfo@Lung.org kA LATE n erA ti n 44,1 Network- PAM June 20, 2018 The Honorable Jim Fraser Tiburon Town Council 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Mayor Fraser and Members of the Tiburon Town Council: The American Cancer Society Cancer Action Network is committed to protecting the health and well-being of the citizens of Tiburon, and as such, supports increasing smoke-free protections for all residents. No one should have their health put at risk by the choices of others, including their neighbors, and those risks are the same, whether housing is rented or owned. ACS CAN urges this council to make all public places, and all multi-unit housing (MUH) smoke-free. We also support eliminating the sale of tobacco products in all pharmacies. The negative health effects of secondhand smoke exposure are well documented; secondhand smoke contains at least 7,000 chemicals, including hundreds that are toxic. The U.S. Surgeon General has declared that there is no safe level of exposure to secondhand smoke. Even brief exposure to secondhand smoke can cause serious health effects, especially for the very young, the elderly, or those who are ill. Smoke-free laws reduce exposure to secondhand smoke and reduce the incidence of cancer, heart disease, and other conditions caused by exposure to smoke, as well as prevent the worsening of symptoms among people who already suffer from those conditions. Parks and other recreation areas provide fun and leisure for residents and visitors. They are also used by many to promote health and fitness, and the unintentional exposure to secondhand smoke is contradictory to that goal. Smoking wherever people congregate, means that nonsmokers, including children, are unwillingly exposed to the carcinogens of secondhand smoke. Public areas should be welcoming places for families and children to spend time, and everyone should have the expectation that they will be able to breathe clean air. Living in MUH requires different standards of behavior due to shared walls and common spaces. Prohibition of smoking in MUH improves the quality of life, and helps to protect the health of nonsmoking residents, by preventing the unintentional exposure that many receive as the result of smoking neighbors. More than 80% of Californians completely prohibit smoking in American Cancer Society Cancer Action Network 700 Main Street,Suite 102•Fairfield CA c'1533,707.290.0003 their homes, and yet, in MUH, one smoking resident can expose the neighbors in all surrounding units. Californians are making wiser choices for themselves and their families, and they should not have to endure being exposed to the smoke of others. Additionally, ACS CAN supports prohibiting tobacco sales in pharmacies. Pharmacies are in the business of improving health, and it is a contradiction to be a facilitator of health and wellness, while selling tobacco products alongside over-the-counter medications and prescription drugs. Selling tobacco products alongside cessation devices creates confusion and helps to diminish the hazards of tobacco use. Everyone has the right to breathe clean air, especially in public spaces or their own homes— whether those homes are rented or owned. The American Cancer Society Cancer Action Network urges this council to protect all residents who live, work or play in Tiburon by prohibiting smoking in all public areas and in all MUH--including units, balconies, patios, and in common areas. We also ask that you end tobacco sales in pharmacies. Sincerely, Cassie Ray Government Relations Director, Northern California American Cancer Society Cancer Action Network American Cancer Society Cancer Action Network 700 Main Street,Suite 102•Fai field CA 94533-707.290.0003 TOWN OF TIBURON Tiburon Town 1-Tall Tiburon Town Council l V' June 20,2018 1505 Tiburon Boulevard Special Meeting—6:45 P.M. f Tiburon, CA 94920 Regular Meeting—7:30 P.M. —i TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING—6:45 P.M. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulik, Ailayor Fraser CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Agency designated representatives: Town Manager Greg Chanis,Director of Administrative Services Heidi Bigall,Management Analyst Suzanne Creekmore,Town Attorney Ben Stock Employee organization: Tiburon Police Association and Service Employees International Union (SEIU) ADJOURNMENT— tore-ularmeetin�; REGULAR MEETING—7:30 P.M. CALL_TO ORDER AND ROLL CALL Council member Fredericks,COLmCllmember Thier,Councilmember Wehier,Vice Mayor Kulik, A,layor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY 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. PRESENTATION P-1. Recognition of Town Services—Vince de Quattro,Heritage&Arts Commission, 4 years 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. If you wish to speak on a Consent Calendar item, please seel< recognition by the Mayor and do so at this time. CC-1. Town Council Minutes — Adopt minutes of June 6, 2018 special and regular meetings (Town Clerk Stefani) CC-2. Municipal Code Amendments — Approve ordinance making amendments to Title VI, Chapter 20 of the Tiburon Municipal Code (Animals) (Community Development Department) CC-3. League of California Cities Voting Delegate — Approve appointment of voting delegate to League of California Cities annual business meeting in September(Town Clerk Stefani) CC-4. 138/142 Rock Hill Road — Approve Parcel Map for creation of two lots and approve related agreements for subdivision improvements and installation of maintenance and landscaping (Community Development Department) CC-5. Investment Summary—Adopt investment summary for month ending May 30, 2018 (Director of Administrative Services Bigall) CC-6. Town Budget and Gann Limit Resolution — Adopt resolution approving Fiscal Year 2018-19 Tiburon Municipal Budget and Capital Improvement Program and Gann limit appropriations limit for Fiscal Year 2018-19 (Office of. the Town Manager/Department of Administrative Services) PUBLIC HEARINGS PH-1. Municipal Code Amendments — Consider amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) o£the Tiburon Municipal Code relating to smol<ing— Introduction artd fiat reading of ord malice ACTION ITEMS AI-1. Special Event Permit — Consider special event permit for the RCP Tiburon Mile sNvin ming event (Office of the Town Manager) AI-2. Angel Island Fire Protection Services Agreement — Consider agreement with the California Department of Forestry and Fire Protection (Cal Fire) for providing fire protection services on Angel Island(Office of the Town Manager) AI-3. Transportation Authority of Marin Sales Tax — Receive presentation fi-om TAM and consider approval of final sales tax expenditure plan (TAM/Office of the Tov-vn Manager) TOWN COUNCIL,REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests—June 8 &15,2018 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and. supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftil:)-Liron.org. Upon request, the Town will provide written agenda materials in appropriate alternative .formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address,phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 clays before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of, order. No set tunes are assigned to items appearing on the Tov,7n Council agenda. Dear Mayor and Members of the Town of Tiburon Town Council: With this letter, the undersigned requests to be placed on the agenda of a Town of Tiburon Town Council meeting sometime in July or August of 2018. At that time, we will request that a modification be made to the action taken by Town Council on May 2, 2018 to remove 15 trees from the South Knoll area. Our request will reference Town of Tiburon Tree Risk Assessment of December 26, 2017, prepared by HoitScience, Inc. We will also refer to subsequent (email) dialog with the report's author, James R. Clark, Ph.D. Specifically, we will request that trees #22, #23, #25 and #26, all Blackwood acacias and all of them on the "island" of land between Old Rail Trail and Tiburon Boulevard that is not owned by Town of Tiburon, NOT BE REMOVED. We will make this request for the following reasons: 1.) SHADE. Removing these trees will severely diminish if not eliminate the only shade available to walkers and joggers along the 1.5 miles of Old Rail Trail between San Raffiel Avenue and Blackie's Pasture. 2.) BEAUTY. Removal will also create a "scorched earth" appearance to the entire South Knoll area that will likely cause considerable public outcry. Your adding eight trees to the list of trees to be removed, five of them massive Blue Gum eucalyptus (trees #7, #11, #18, #20 and #21), that now exist parallel and close-by to Old Rail Trail, put a new dynamic to the recommendation of the Parks, Open Space and Trails (POST) Commission that only seven trees be removed. We maintain that careful study of this situation could minimize, if not eliminate, the public criticism that will inevitably occur. Once these trees are removed, it will take decades, possibly a generation, to recapture the shade and esthetic beauty that now exists along Old Rail Trail in the South Knoll area. E FE! P VV IN!' PLANNING DIV1,S)ON 3.) SAFETY. In recent discussions (via email) with Dr. Clark, he stated the four Blackwood acacias we're requesting be saved, "pose a low risk to users of the trail." Further, he said that their being listed for removal was a "management recommendation rather than a risk recommendation." The difference being that the former is based on a theory of, "Let's do it now while we are doing other work in the area." He concluded: "From a (risk) standpoint the Blackwoods are down on the priority scale and would likely never be (removed) solely to abate risk." 4.) INTENT. The original applicants who wanted 42 trees removed for South Knoll (Mr. and Mrs. Hurwin) did not stipulate that these four Blackwood acacias be removed. If our request to be on a future Town Council agenda is accepted, please notify us and, in an effort to make your research as efficient as possible, we will identify with green ribbon the four Blackwood acacia trees we wish NOT TO BE REMOVED. In addition, if at anytime you would you like to tour the South Knoll area and the trees slated to be removed, simply contact either one of us and we'll be available at a time that fits your schedule. Thank you for giving this matter your close attention. Respectfully, Sylvia Singh* sylviagedggmail.com; 415-435-0291 Jim Wood* jwoodgmarinmagazine.com; 415-789-5032. *We are both members of GreenTeam and Jim is a POST commissioner. However, in this matter, we represent neither organization; we are acting as concerned citizens only. HORTICULTURE i ARBORICULTURE I URBAN FORESTRY Q\ Memorandum x BARTLETT CONSULTING DATE: June 13, 2018 To: Patrick Barnes FROM: Jim Clark �� I-1— SUBJECT: South Knoll/McKegney Green In December 2017, 1 prepared a Tree Risk Assessment for 39 trees located on the subject site. I'm writing to clarify any misunderstandings or confusion about my assessment. Page six of my report includes the following statement: "Risk ratings were as follows: • Extreme. No trees were identified as having extreme risk. • High. No trees were rated as having high risk. ® Moderate. Blackwood acacias#23—26 were identified as having moderate risk (Table 2). • Low.The remaining 35 trees including all 20 blue gums were identified as having low risk. In May 2018, 1 had an exchange of e-mail messages with Jim Wood regarding several blackwood acacia trees#22--26. He expressed a desire to retain#23, 25 and 26. In a message dated May 19, 2018, 1 stated the"Blackwood acacias#23, 25 and 26 are not good trees. But they pose a low risk to users of the trail." I erred in making this statement to Mr.Wood. I apologize for doing so. I then compounded my error in an e-mail dated May 23, 2018. In summary, 1 stand by the contents of my December 2017 report where I reported that blackwood acacias#23 to 26 had a moderate risk of failure. This is found both in the report(page 6) and in the Tree Risk Rankings form. My comments to Mr.Wood regarding these trees were in error. I apologize for any confusion. E! 0 Ii I HortScience i Bartlett Consulting 325 Ra Street Pleasanton,CA 94566 phone 925.484.0211 1 fax 925.484.5096 www.hortscience.com CC� TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES SPECIAL MEETING—6:45 P.M. On June 6, 2018, the Council held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Thier, Councilmember Welner, Vice Mayor Kulik, Mayor Fraser CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Paragraph (1) of subdivision(d) of Section 54956.9) Jordan v. Town of Tiburon Marin County Superior Court Case No. CIV 14-04196 Tyler Botn v. Town of Tiburon Workers' Compensation Appeals Board Case No. ADJ10826840 2. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case) ADJOURNMENT—to regular meeting REGULAR MEETING—7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 6, 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Administrative Services Bigall, Chief of Police Cronin, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Management Analyst Creekmore, Superintendent of Public Works Kerslake, Building Town Council Minutes #14-2018 DRAFT June 6, 2018 Page 1 Official Salzman, Town Clerk Stefani ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser announced that the Council had authorizthe Town Attorney to begin enforcing a nuisance abatement action. ORAL COMMUNICATIONS Jim Wood and Silvia Singh spoke together about the South Knoll trees that will be removed. Ms. Singh asked the Council to consider designating Acacia trees as honorary native trees,and Mr.Wood asked the Council to agendize a discussion to save three specific trees they had previously approved for removal. PRESENTATION P-1. Introduction of New Town Staff—Phoenix Giffen,Maintenance Worker and Chelsee Navado, Building Permit Clerk Superintendent of Public Works Kerslake introduced Phoenix Giffen and Building Offical Salzman introduced Chelsee Navado to the Council. Both said they were happy to be here, and the Council welcomed them. CONSENT CALENDAR CC-1. Town Council Minutes—Adopt minutes of May 2, 2018 special and regular meetings (Town Clerk Stefani) CC-2. Town Council Election—Adopt resolutions a)calling an election on November 6,2018; b) requesting consolidation of election services with the County of Marin; and c) providing that the cost of printing the candidate's statement shall be borne by the candidate (Town Clerk Stefani) CC-3. Investment Summary—Adopt investment summary for month ending April 30, 2018 (Director of Administrative Services Bigall) MOTION: To adopt Consent Calendar Items 1-3, as written. Moved: Fredericks, seconded by Kulilk VOTE: AYES: Unanimous ACTION ITEMS AI-1. Artist Laureate—Consider recommendation of Heritage&Arts Commisssion to honor outgoing Artist Laureate Jaleh Etemad with commendation for her serive to the Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 2 community, and consider recommendation of Heritage & Arts Commission to adopt resolution appointing Richard Rozen to four-year term as the Tiburon Artist Laureate and authorize the Town Manager to enter into agreement with Mr. Rozen(Heritage & Arts Commission) Victoria Fong, Heritage&Arts Commissioner,presented a plaque of commendation to prior Artist Laureate Jaleh Etemad, and discussed her major project during her time as Artist Laureate. Commissioner Fong then recommended the Council appoint Mr. Richard Rozen as the new Artist Laureate. She said he had been chosen by the Heritage&Arts Commission selection committee,and he was an outstanding local artist and community supporter. Mayor Fraser opened the floor for public comment. There was none. MOTION: To adopt the resolution appointing Richard Rozen to the position of Artist Laureate for a 4-year term and authorize the Town Manager to enter into agreement with Mr. Rozen. Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous Ms. Etemad welcomed Mr. Rozen, and "passed the laurel wreath" on to him. The Council and attendees congratulated Mr. Rozen on his appointment. AI-2. Revised Debt Policy — Consider adoption of resolution adopting a revised Debt Management Policy(Department of Administrative Services) Town Manager Chanis said the Town adopted a set of financial policies in 2001, which included a portion on debt management. He said the 2016 Senate Bill 1029 requires state and local agencies to adopt comprehensive debt management policies that reflect existing regulations,and the policy must be adopted at least 30 days prior to the issuance of new debt. Chanis said SB 1029 also requires local debt management policies address five key components.He said staff believes the proposed debt policy complies with those requirements. Councilmember Thier asked if this policy was being amended specifically for the Virginia Drive undergrounding project.Chanis confirmed that this new policy is being considered now because the Town wishes to issue debt for the Virginia Drive undergrounding project, and a policy must be adopted for at least 30 days prior to doing so. Mayor Fraser opened the floor for public comment. There was none. MOTION: To adopt the resolution adopting a revised Debt Management Policy. Moved: Fredericks, seconded by Kulik VOTE: AYES: Unanimous Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 3 AI-3. Assessment District No. 2017-2 (Virginia Undergrounding District) — Adopt Resolution of Issuance, Bond Indenture Agreement and Plaement Agent Agreement (Office of Town Manager/Department of Public Works) Town Manager Chanis said the Town intends to issue a series of bonds for financing the Virginia Drive undergrounding project plans and specifications.He anticipated the bonds will be sold in July, the plans and specifications will be completed and the project will be bid in the spring. He said staff is asking the Council to adopt the Resolution of Issuance which will appoint the placement agent and underwriter, approve the Bond Indenture and Placement Agent Agreement, appoint U.S. Bank National Association as trustee for the Series A bonds,and authorize the Mayor and Town Manager to execute the necessary documents. Mayor Fraser opened the floor for public comment. Councilmember Thier said she had a conflict of interest and said she will abstain from the vote. MOTION: To adopt the Resolution of Issuance. Moved: Fredericks, seconded by Welner VOTE: AYES: Fraser, Fredericks, Kulik, Thier ABSTAIN: Thier AI4. Trestle Trail—Consider proposal by Jim Wood to install planting and picnic table area around the Trestle Trail site (Office of the Town Manager) Town Manager Chanis said Jim Wood submitted a proposal to improve the entrance to Trestle Trail with a small picnic area and new landscaping. Chanis said this proposal had been heard by both the Parks,Open Space and Trails Commission and the Heritage&Arts Commission due to the proposal to include a plaque on a boulder. He said the proposal received unanimous support from POSTS but the H&A was unable to make a recommendation at the time regarding the proposed plaques.He said staff is recommending the Council consider the request without the plaques for now. Jim Wood said the Trestle Trail project is complete,and there are funds leftover for landscaping and maintenance. He said the entrance to Trestle Trail is dry and uninviting, so he worked with a landscape architect to develop the proposed plan of a small picnic area and new landscaping. With respect to future maintenance, Mr. Wood said many people are invested in this project and are invested in seeing it well-maintained into the future. Vice Mayor Kulik expressed concern about the proposed oak tree,and whether or not it would cause any view blockage issues in the future. Mr. Wood said oak trees are slow growers and it will be planted and framed properly so as to not cause a future problem. Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 4 Councilmember Thier asked for confirmation that the Town had not been in discussions for maintnenace of Trestle Trail at any point. Mr. Wood confirmed this point, and said maintenance costs are covered for the next several years. Councilmember Fredericks asked the staff to comment on the availability of water on the Trestle Trail site,and on what party is maintaining local median strips.Chanis said the staff's position is that there is no accessible water on the site. He said the local medians are maintained through a contract with Gardener's Guild. Mayor Fraser opened the floor for public comment. There was none. Thier thanked Mr. Wood and all of the supporters of Trestle Trail for beautifying this area. She felt satisfied with Mr. Wood's reassurances about long-term maintenance,and supported the proposal. Fredericks said she supported honoring the historical roots of the Town and while she admired the way these plans have come together, she expressed concern over the long-term landscaping maintenance and the proposed oak tree. She believed something of a lower impact would be more appropriate for this area. Councilmember Welner said he agreed that the entrance to Trestle Trail could be more inviting,and thought the proposal was a lovely concept.He congratulated Mr.Wood,and was appreciative of him taking initative with the extra funds. Kulik said the Council should work to preserve local history, and believed this area could use aesthetic improvement.He believed this proposal was vetted properly by the POST Commission,and said he would support the project. Mayor Fraser agreed, and suggested incorporating maintenance of the oak tree into the overall maintenance plan. A discussion on how to best handle the potential for future view issues followed. Town Attorney Stock suggested the Council rely on the existing ordinance and policy if the time comes. MOTION: To approve the planting and picnic area design elements of Mr. Wood's proposal. Moved: Thier, seconded by Welner VOTE: AYES: Fraser, Kulik, Thier, Welner NAYS: Fredericks PUBLIC HEARINGS PH-1. Municipal Code Amendments&Revised Fee Schedule for Animal Control Services —Consider: a) Amendments to Title VI, Chapter 20 (Animals) — Introduction and first reading of ordinance Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 5 b) Revised fee schedule for Animal Control Services (Community Development Department) Director of Community Development Anderson said the Town manages animal control services through a Joint Powers Authority.He said each member agency typically adopt identical ordinances and fee schedules so they can ensure a smooth and consistent operation of animal control services. He said the Board of Supervisors recently entered into a new agreement with the Marin Humane Society, and agreed to make minor ordinance amendments and raise fees in order for the Humane Society to continue to provide services. He said the fees have not been increased since 2012, and there is no fiscal impact of the changes. Mayor Fraser opened the floor for public comment. There was none. MOTION: To adopt the resolution establishing a revised fee schedule for animal control services. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous MOTION: To introduce the ordinance and read by title only, waiving further reading and schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by Kulik VOTE: AYES: Unanimous Mayor Fraser read "An Ordinance of the Town Council of the Town of Tiburon Adopting Amendments to TIble VI, Chapter 20 (Animals) of the Tiburon Municipal Code". ROLL CALL VOTE: AYES: Fraser, Fredericks, Kulik, Thier, Welner PH-2. 2018-19 Municipal Budget and Capital Improvement Program — Introduction of Fiscal Year 2018-19 Municipal Budget and Capital Improvement Program(Office of the Town Manager/Department of Administrative Services) Town Manager Chanis introduced 2018-19 Municipal Budget. He said tonight's presentation will focus on the operating budget, and staff will briefly recap the Capital Improvement Plan fund transfers. Management Analyst Creekmore said the proposed Fiscal Year 2018-19 budget is presented at a total appropriation of$21,370,290. She said this budget consists of four distinct programs: operating, capital outlay, the Capital Improvement Program, and debt service. She said the operating budget provides for day-to-day services of running the Town, and as proposed, budgets for an operating surplus of$137,834. Creekmore said the Town's operating revenues are expected to increase 6.4%over the prior fiscal year due to an expected increase in property tax, investment earnings and charges for services. She Town Council Minutes #14-2018 DRAFT June 6, 2018 Page 6 added property tax accounts for the largest revenue source,and reviewed several historical trends for the top sources of general fund revenues over nearly 10 years of revenue data. Creekmore said the Town's operating expenditures are proposed to increase 6.9% over the prior fiscal year due to an increase in salary and wages, employee benefits, supplies and services, and a new appropriation of$75,000 for litigation services. One again, she reviewed several historical trends for the four major expenditure categories over the same data period. Councilmember Welner asked for clarification about the large rate of increase in the supplies and services expenditure category. Creekmore said the large rate of increase is due to several shifts from the Capital Improvement Program into the Public Works operating budget, and an increase in FY 2019 for maintenance, litigation and contractual services. Chanis added that this rate of increase is not expected to continue. Creekmore then summarized the expenditures of each department as follows: • Administration's proposed budget is$1,940,700,an 8.1%increase over the prior fiscal year. • Community Development's proposed budget is$1,318,290,a 4.55%increase over the prior fiscal year. • Police's proposed budget is $3,484,389, a 4.3% increase over the prior fiscal year. • Public Works' proposed budget is $2,054,143, a 9.5% increase over the prior fiscal year. • Non-departmental expenditures are expenditures not directly related to any specific department. She said the non-departmental proposed budget is$3,563,903,an 8.2%increase over the prior fiscal year. Chanis then presented the proposed capital outlay expenditures for equipment and technology for the coming year.He said the equipment purchases include the replacement of a Town vehicle,an electric utility vehicle for Public Works and equipment related to the ongoing maintenance of McKegney Green.He said the technology purchases include the ongoing maintenance of the Town's technology infrastructure, additional apportionments for scheduling, permit tracking and financial software, Emergency Operations Center laptops and a phone system upgrade. Director of Public Works/Town Engineer Barnes said the budget includes a proposed$8,029,074 for the Capital Improvement Plan.He presented the three main categories of projects in the CIP project list(Street Improvement,Drainage Improvement,and Community and Miscellaneous),and reviewed several key projects within each category. Town Manager Chanis concluded staff's presentation of the proposed budget by reviewing several proposed fund transfers from the General Fund. He said staff is recommending $1.7 million be transferred to a trust to fund the Town's long-term liabilities.He showed a historical trend line of the general fund reserve balances, and said the seemingly large decrease in fund balance this year is attributed to this fund transfer into a trust. Welner expressed concern over the long-term trend lines of the chart of historical revenues and expenses,and said the expenditures trend line appeared to be meeting the revenues trend for the first Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 7 time. Chanis said the Town conservatively estimates revenue and surplus, which is why the trend lines appear that way on the chart, as they do every year. Welner brought up the numerous items of late mail from citizens that had come in that afternoon about the proposed CIP project to build a storage shed on Blackie's Pasture to store McKegney Green maintenance equipment. He said there were several comments about the need for further public process on this project. Chanis clarified that approval of the proposed budget tonight is not authorization to begin the project. He said the$100,000 budgeted for will go toward developing a more complete proposal for the Parks, Open Space and Trails Commission's (and the public's) consideration. Chanis further clarified that the minimum expenditure to move to the next step would be approximately$20,000. Councilmember Fredericks believed the process for this capital project was no different than the process for any other capital project, and added that the POST Commission would review it again. Councilmember Thier thought the citizen correspondence deserved more consideration because two of the letters were from POST Commissioners. She was not in support of including this line item in the budget, and said it would set a poor precedent to include a project that had not been thoroughly vetted by the public.She said she would like to seet his project removed from the proposed budget and taken back to the POST Commission before the Council authorizes any expenditure. Welner said there was concern that this project needed to be reviewed further to the public's satisfaction, and there seemed to be a sense among the public that the Council is getting ahead of itself. Chanis said this process is very typical of how capital projects are funded. He said the POST Commission had already reviewed the project, and asked for more information before further consideration,and the next step is to fund a more complete set of plans for a more exhaustive review. Weiner then recommended approving only the amount needed to fund such a set of plans. Chanis estimated this cost to be approximately $20,000. Mayor Fraser said the necessity to find a place to store equipment for the ongoing maintenance of McKegney Green makes sense,but evidently more vetting of this project is needed.He agreed with Welner's recommendation to only include enough funding in the budget to get a better design of the project for the POST Commission and public to review the project in further detail, and perhaps a budget amendment could be approved later on. Fredericks agreed with the Mayor, and stated several advantages of the project. She said there are certainly other questions that need to be explored, but said she would still support leaving the line item in the proposed budget. Vice Mayor Kulik agreed with the necessity to maintain McKegney Green to the highest possible standard given the amount of money the Town is spending on it. He agreed that a more thorough vetting was appropriate, and added that it was unlikely the proposed$100,000 would cover the full cost of the project anyway, so it made sense to only budget for the cost of getting the full proposal. Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 8 Thier reiterated her desire to completely remove the project from the budget. She believed zero dollars should be spent until there is a more public review of the project. Mayor Fraser said any potential new storage space at the existing corporation yard is years away,and the Council should have a better understanding of what Public Works is requesting.He said he could support funding the lesser amount to get a better proposal for the project for further consideration. MOTION: Accept the report as amended to reduce the budget for the proposed Blackie's Pasture Shed Capital Improvement Project from $100,000 to $20,000, and continue the matter for adoption of the FY Muncipal Budget to the June 20, 2018 regular meeting. Moved: Welner, seconded by Fredericks VOTE: AYES: Fraser, Fredericks, Kulik, Welner NAYS: Thier TOWN COUNCIL REPORTS None. TOWN MANAGER REPORT None. WEEKLY DIGESTS Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:40 p.m. JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Council Minutes#14-2018 DRAFT June 6, 2018 Page 9 M TOWN OF TIBURON Town Council Meeting 4 * ' 1505 Tiburon Boulevard June 20, 2018 Tiburon, CA 94920 Agenda Item:cc STAFF PO . To: Mayor & Members of the Town Council From: Community Development Department-s&-- Subject: epartmen r -Subject: Adoption of Ordinance making text amendments Amend Tiburon Municipal Code Title VI, Chapter 20 (Animals) to Achieve Consistency with Recent Amendments Adopted by the County of Marin and Other Mari unicipalities; Town File#MCA 2018-003 s r i b' Reviewed by: BACKGROUND This Ordinance would amend several provisions of the Tiburon Municipal Code regulating animals. The Town Council held a public hearing at its meeting on June 6, 2018, then passed first reading of the ordinance, waiving additional readings. The ordinance now comes to the Town Council for adoption. PROCEDURE This is a Consent Calendar item. The Council's motion to adopt this item on the Consent Calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the Consent Calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 578 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 578 N. S. 1 2 ORDINANCE NO. 578 N.S. DRAFT 3 4 5 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON 6 ADOPTING AMENDMENTS TO TITLE VI, CHAPTER 20 (ANIMALS) OF THE 7 TIBURON MUNICIPAL CODE 8 9 WHEREAS, Title VI, Chapter 20 of the Tiburon Municipal Code sets forth certain 10 regulations regarding animals; and 11 12 WHEREAS, the Town of Tiburon is obligated under state law to provide animal 13 control services, and does so under a cooperative arrangement with other Marin County 14 agencies, which adopt common regulations and fees; and 15 16 WHEREAS, animal control services for the Town of Tiburon and other Marin 17 County agencies are provided by the Marin Humane Society pursuant to a contract with 18 the County of Marin; and 19 20 WHEREAS, the County of Marin has recently revised its Animal Services 21 Ordinance and has requested Marin municipalities to adopt these revisions in order to 22 assure consistent application of certain laws regulating animals; and 23 24 WHEREAS, the Town Council of the Town of Tiburon desires to adopt the 25 revisions to Title VI, Chapter 20 of the Tiburon Municipal Code in order to incorporate 26 the revisions to the County of Marin Code and to allow for the uniform regulation of 27 animal control services countywide; and 28 29 WHEREAS, the Town Council has determined that the proposed revisions 30 promote and protect the public health, safety, and general welfare. 31 32 33 NOW, THEREFORE, the Town Council of the Town of Tiburon does ordain as 34 follows: 35 36 Section 1. Adoption of Amendments to Title VI, Chapter 20 (Animals). 37 38 Title VI, Chapter 20 (Animals) of the Tiburon Municipal Code is hereby amended 39 as follows: 40 Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 1 of 6 NO 41 A. Section 20-2.040(c) is amended to read as follows: 42 43 (c) Any veterinarian operating either at an established place of business or at a 44 mobile clinic shall provide a copy of a rabies vaccination certificate for any cat or 45 dog vaccinated by him/her to the animal services provider within thirty (30) days 46 of vaccination. 47 48 B. Section 20-2.050 is amended to read as follows: 49 50 The owner/guardian of a quarantined animal shall pay a fee as established by 51 resolution of the Town Council toward the animal services' costs in providing and 52 insuring that the animal is properly quarantined. If any person fails or refuses to 53 obey any lawful order for quarantine of an animal for rabies observation, any 54 animal services officer may impound the animal for such quarantine at additional 55 expense to the owner/guardian at the rate as may be established by resolution of 56 the Town Council. Quarantine fees are payable within thirty (30) days of 57 issuance of an invoice. Payment is delinquent if not received within sixty (60) 58 days. 59 60 C. Section 20-2.181(b) is amended to read as follows: 61 62 (b) "Potentially dangerous dog" means any of the following: 63 (1) Any dog which, when unprovoked on two separate occasions within 64 the prior thirty-six month period, engages in any behavior that requires a 65 defensive action by any person to prevent bodily injury when the person 66 and the dog are off the property of the owner/guardian or keeper of the 67 dog; 68 (2) Any dog which, when unprovoked, bites a person causing a less 69 severe injury than as defined in Section 31604 of the Food and 70 Agricultural Code; 71 (3) Any dog which, when unprovoked, has killed, seriously bitten, 72 inflicted injury or otherwise caused injury attacking a domestic animal off 73 the property of the owner/guardian or keeper of the dog. 74 (4) Any dog that has been deemed by another governmental jurisdiction 75 as "potentially dangerous", "dangerous," or similar designation. 76 77 D. Section 20-2.181(c) is amended to read as follows: 78 79 (c) "Vicious dog" means any of the following: 80 (1) Any dog which, when unprovoked, in an aggressive manner, inflicts 81 severe injury on or kills a human being; Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 2 of 6 82 (2) Any dog previously determined to be and currently listed as a 83 potentially dangerous dog which, after its owner or keeper has been 84 notified of this determination, continues the behavior described in 85 subsection (b) of this section or is maintained in violation of Sections 86 31641, 31642 or 31643 of the California Food and Agricultural Code. 87 (3) Any dog that has been deemed by another governmental jurisdiction 88 as "vicious" or similar designation. 89 (4) Any dog which has engaged in any aggressive behavior that 90 demonstrates that the dog represents a clear and present substantial 91 danger to public health or safety and that due to substantial risk to public 92 health or safety it is unlikely that the dog could be safely maintained. 93 94 E. Section 20-2.182 is amended to read as follows: 95 96 No person shall board, have, keep, maintain, display, or have in his/her 97 possession or control, for any length of time, in any area, any wild and/or 98 undomesticated animal, as defined in Section 20-2.183. 99 F. Section 20-2.183 is amended to read as follows: 100 101 For purposes of Sections 20-2.182 through 20-2.184, a "wild and/or 102 undomesticated animal' is defined as an animal which is wild by nature and not 103 customarily domesticated in Marin County and which, because of its size, 104 disposition or other characteristics could constitute a danger to human life or 105 property and/or require specialized handling. Such wild and/or undomesticated 106 animals shall be deemed to include but are not exclusive of: 107 (a) Class Mammalia. 108 (1) Order Carnivora. 109 (A) Family Felidae (cat) including but not limited to such members as 110 the tiger, the jaguar, the leopard, the lion, the serval, the mountain 11 1 lion, the bobcat, the ocelot and the cougar, excepting Felis 112 Domesticus (domestic cat), 113 (B) Family Hyaenidae (hyena), 114 (C) Family Urisideae (bear), 115 (D) Family Candidae (dog) excepting Canis Familiaris (domestic dog) 116 and including but not limited to such members as the wolf, coyote 117 and the jackal; 118 (2) Order Proboscidea (elephant); 119 (3) Order Primata (primates), including but not limited to the chimpanzee, 120 the baboon, the orangutan, the gibbon, the macaque and the gorilla, 121 excepting the Family Hominidae (human); 122 (4) Order Artiodactyla, even-toed hoofed mammals such as water buffalo, Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 3 of 6 123 camels, elk, moose, deer and antelope, excluding the domesticated species 124 of the Family Suidae (domestic pig) and Family Bovidae (cattle, sheep, 125 goats, llamas and alpacas); 126 (5) Order Perissodactyla, odd-toed hoofed mammals including the zebras, 127 tapirs and rhinoceros, excluding the domesticated species of the Family 128 Equidae (horses, donkeys, etc.). 129 (6) Order Marsupialia, including kangaroos and wallabies; 130 (7) Order Pinnipedia, including seals, sea lions and walruses; 131 (8) Order Pilusa, including sloths and tamanduas. 132 (b) Class Reptilia. 133 (1) Order Squamata. 134 (A) Sub-Order Serpentes, all front and rear fanged venomous 135 snakes, 136 (B) Sub-Order Lacertilia, both venomous species of the Family 137 Heloder Matidae (gila monster and Mexican beaded lizard); 138 (2) Order Crocodilia (crocodile, alligator and caiman). 139 (c) Class Aves. 140 (1) Sub-Order Ratitae, such as, but not limited to, ostriches, rheas, 141 cassowaries and emus, excluding small caged birds such as parakeets, 142 canaries, love birds and finches. 143 (d) Class Chondrichthyes. 144 (1) Elasmobranchii, including sharks 145 (e) Any other species of the animal kingdom (as opposed to vegetable or mineral) 146 which is venomous to human beings whether its venom is transmitted by bite, 147 sting, touch or other means, excepting the honey-producing bee. 148 149 G. Section 20-2.184(c) is amended to read as follows: 150 151 (c) Penalty. Any person or entity other than a licensed California wildlife 152 rehabilitator or an American Zoological Association (AZA) accredited facility, 153 who boards, has, keeps, maintains, displays, or has in his/her possession or 154 control, for any length of time, any wild and/or undomesticated animal in 155 violation of any of the provisions of Sections 20-2.182 through 20-2.184 of this 156 chapter shall be guilty of a misdemeanor and shall be subject to imprisonment 157 in the county jail for not more than six months or a fine not to exceed one 158 thousand dollars or both. 159 160 H. Section 20-2.230 is amended to read as follows: 161 162 It is unlawful for any person to operate, conduct or maintain any commercial 163 show, circus, animal exhibition, carnival, advertising or educational display or 164 device in which any animal, wild or domestic, is used or kept without first Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 4 of 6 165 having obtained a permit from the animal services agency at least thirty days 166 prior to the scheduled event. 167 (a) The animal services agency shall receive and review applications 168 for such permits upon the applicant's filing and payment of the 169 applicable permit fee imposed for such purposes as may be 170 established by resolution of the Town Council within thirty days of the 171 filing thereof. Only one fee shall be paid per application, irrespective 172 of the number of animals or exhibitions for which the application is 173 made. 174 (b) The animal services agency may, in connection with this permit 175 authority, either establish operating conditions, deny the application 176 or revoke the permit if the animal services agency can reasonably 177 demonstrate that the conditions imposed upon issuance of the permit 178 or its denial are necessary to protect the public health and safety or 179 provide for the humane care and treatment of any animals used or 180 kept. 181 (c) The animal services agency shall not issue permits for any wild 182 and/or undomesticated animal as defined in Section 20-2.183 of this 183 chapter or any other species they deem inappropriate in order to 184 protect public health and safety and/or animal welfare. 185 (d) [Purposely left blank] 186 (e) The animal services agency shall make written findings regarding 187 the conditions imposed with issuance of the permit or written findings 188 and explanation for denial of the permit within seven business days 189 of receiving the application. The animal services agency may waive 190 the permit fee when the use of the animals for exhibit benefits a 191 nonprofit, educational or governmental organization and an 192 inspection of the exhibit is not necessary. If the animal services 193 agency denies or revokes a permit, the applicant or permittee may 194 request a hearing in accordance with the provisions of Section 20- 195 2.241 of this chapter. 196 197 Section 2. Severability. 198 199 If any section, subsection, clause, sentence, or phrase of this Ordinance is for 200 any reason held to be invalid or unconstitutional by a decision of a Court of competent 201 jurisdiction, such decision shall not affect the validity of the remaining portions of the 202 Ordinance. The Town Council of the Town of Tiburon hereby declares that it would 203 have passed this Ordinance, any section, subsection, sentence, clause or phrase 204 thereof, irrespective of the fact that any one or more sections, subsections, sentences, 205 clauses, or phrases may be declared invalid or unconstitutional. 206 207 Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 5 of 6 208 Section 3. Effective Date. 209 210 This Ordinance shall be in full force and effect thirty (30) days after the date of 211 adoption. Pursuant to the provisions of Government Code Section 36933, a summary 212 of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to 213 the Town Council meeting at which adoption of the ordinance is scheduled, the Town 214 Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of 215 Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. 216 Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) 217 publish the summary in an newspaper of general circulation in the Town of Tiburon, and 218 (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance 219 along with the names of those Council members voting for and against the ordinance. 220 221 This ordinance was read and introduced at a regular meeting of the Town 222 Council of the Town of Tiburon, held on the 6th day of June, 2018, and was read 223 adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the 224 20th day of June, 2018, by the following vote: 225 226 227 AYES: COUNCILMEMBERS: 228 229 NAYS: COUNCILMEMBERS: 230 231 ABSENT: COUNCILMEMBERS: 232 233 234 235 JIM FRASER, MAYOR 236 TOWN OF TIBURON 237 238 ATTEST: 239 240 241 242 243 LEA STEFANI, TOWN CLERK 244 Town of Tiburon Ordinance No. 578 N. S. Effective-4-42018 Page 6 of 6 k C l TOWN OF TIBURON Town.Council Meeting 1505 Tiburon Boulevard June 20,2018 Agenda Item: CC Tiburon, CA 94920 '3 STAFF' EPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Designation of Voting Delegate(s) to League of California Cities Annual Conference Reviewed By: " BACKGROUND The League of California Cities' Annual Conference is scheduled for September 12— 14, 2018 in Long Beach, California. In order to vote on matters at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town's delegate, along with the representatives from other cities, will consider and take action on resolutions that establish League policy. According to the League's bylaws, a city may appoint a voting delegate and up to two alternates. Councilmember Fredericks has served as voting delegate in previous years and plans to attend the conference this year. Councilmember Fredericks' appointment can be adopted on the consent calendar, if the Council wishes to do so. If there is interest in appointing up to two alternate delegates, the item should be pulled from the consent calendar for further discussion and action. Whoever is chosen as the Town's voting delegate(s) must be available to attend the Annual Business Meeting (at the closing General Assembly), scheduled for Friday, September 14. RECOMMENDATION Staff recommends that the Town Council: 1) Confirm Councilmember Fredericks' representation of the Town (by adopting this report on Consent Calendar) as its voting delegate at the Annual Business Meeting of the League of California Cities; or 2) If the Council desires to appoint alternate delegates, the item should be pulled from the Consent Calendar and the appointments considered as an action item. Exhibits: League of California Cities 2018 Annual Conference Voting Procedures and Appointment of Delegate Form Prepared By: Lea Stefani,Town Clerk 120 LEAGUE 1400 K Street, Suite 400 • Sacramento, OF CALI FORK IA California 95814 YEARS Phone: 916.658.8200 Fax: 916.658.8240 °" C f T E S www.cacities.org Council Action Advised by July 31, 2018 May 17, 2018 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference—September 12 - 14, Long Beach The League's 2018 Annual Conference is scheduled for September 12- 14 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting(during General Assembly), scheduled for 12:30 p.m. on Friday, September 14, at the Long Beach 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 Friday,August 31, 2018. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures 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.or . In order to cast a vote, at least one voter must be present at the Annual Conference Voting Procedures 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. L E AG U E° Of- CALIFORNIA CITY: CITI ES 2018 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday,August 31,2018. 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 votinE 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 Phone: (circle one) (signature) Date: Please complete and return by Friday, August 31, 2018 League of California Cities FAX: (916) 658-8240 ATTN: Kayla Curry E-mail: kcurry@cacities.org 1400 K Street, 4th Floor (916) 658-8254 Sacramento, CA 95814 r^. TOWN OF TIBURON Town Council Meeting w June 20,IM ym2018 �� 1505 Tiburon Boulevard Agenda Item: CC- kPl A Tiburon, CA 94920 g STAFF PO . To: Mayor and Members of the Town Council From: Community Development Department Subject: Consider Approval of Parcel Map Creating Two Lots on 2.55 Acres of Undeveloped Land off Rock Hill Road (138 &142 Rock Hill Road) and Approve Related Agreements for Subdivision Improvements and Installation and Maintenance of Landscaping; Caryn Wu and Amir Sarhangi, owners and appy ants; Assessor Parcel No. 039-151-64 Reviewed By: BACKGROUND The Town is in receipt of a parcel map application, subdivision improvement drawings, and related documents from the owners of the subject property. On August 12, 2015, the Planning Commission adopted Resolution No. 2015-09 approving a tentative subdivision map for the development. At that time, the property was owned by the Roman Catholic Archdiocese in association with St. Hilary Church and the project was known as the St. Hilary Church lot split. ANALYSIS The Town Engineer and Director of Community Development have reviewed the parcel map and found it in conformance with the Planning Commission's conditional approval of the tentative map, and consistent with state and local subdivision regulations. The subdivision improvement drawings and related documents are also consistent with and implement the tentative map conditions of approval and the environmental mitigations adopted as part of the project. The Town Attorney and Director of Community Development have reviewed the two Agreements, the Declaration of Restrictions, and the monetary security for the improvements and found them acceptable. Approval of a parcel map is a ministerial, non-discretionary action. A draft resolution approving the parcel map and agreements, and authorizing related actions, is attached as Exhibit 1. ENVIRONMENTAL DETERMINATION The acceptance of a parcel map is ministerially exempt from provisions of the California Environmental Quality Act (CEQA)pursuant to state and local guidelines. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting June 20,2018 FINANCIAL IMPACT The Town would not be accepting any dedications as part of this subdivision. There would be no direct financial impact to the Town from parcel map approval. The Town will collect nearly $25,000 in parks and recreation in-lieu fees from the applicant per Town ordinances. RECOMMENDATION Staff recommends that the Town Council, as part of the Consent Calendar: 1. Approves the parcel map (Exhibit 4). 2. Approves and authorizes the Town Manager to execute on behalf of the Town of Tiburon a Subdivision Improvement Agreement(Exhibit 2) and a separate Agreement for Installation and Maintenance of Landscaping and Irrigation(Exhibit 3). 3. Directs staff to ensure proper recordation of the parcel map and all associated documents, including a Declaration of Restrictions and the two agreements referenced above. EXHIBITS 1. Draft Resolution. 2. Subdivision Improvement Agreement. 3. Agreement for Installation and Maintenance of Landscaping and Irrigation. 4. Parcel Map (4 sheets). Prepared by: Scott Anderson,Director of Community Development TOWN OFTIBURON Page 2 of 2 RESOLUTION NO. XX-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE CREATION OF TWO LOTS ON 2.55 ACRES OFF ROCK HILL ROAD,APPROVING A SUBDIVISION IMPROVEMENT AGREEMENT AND TAKING OTHER ACTIONS WITH RESPECT TO THE SARHANGI-WU MINOR SUBDIVISION ASSESSOR PARCEL NO. 039-151-64 Section 1. Recitals. 1. A parcel map proposing the subdivision of a 2.55-acre parcel into two (2) lots has been submitted by the co-trustees of the property owner,the Sarhangi-Wu Living Trust dated June 20, 2016. 2. The submitted parcel map has been examined by the Town Engineer and returned to the Town Clerk as required by the Tiburon Subdivision Ordinance. 3. The Town Engineer and Director of Community Development have determined that the parcel map is in substantial conformance with the Tentative Map approval as set forth in Planning Commission Resolution 2015-09, and that all required conditions of approval have been met. No offers of dedication to the public are set forth on the face of the map. 4. A Subdivision Improvement Agreement has also been submitted in conjunction with the parcel map and has been reviewed and accepted by the Town Attorney and Director of Community Development. A Declaration of Restrictions and Agreement for Maintenance of Private Roadway Improvements, Drainage Improvements, Landscaping Improvements, and Slide Repair Improvements and an Agreement for Installation and Maintenance of Landscaping and Irrigation associated with the subdivision improvements have also been submitted and have been reviewed and accepted by the Town Attorney and Director of Community Development. Section 2. Approval of Parcel Map. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the map entitled"Parcel Map Lands of Sarhangi-Wu", consisting of four(4) sheets prepared by Carlile Macy Civil Engineers and dated"Revised 8/1/2017" and does direct that said map be duly recorded with the Marin County Recorder along with the associated Declaration of Restrictions. Section 3. Approval of Subdivision Improvement Agreement and Agreement for Installation and Maintenance of Landscaping and Irrigation. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon hereby approves the Subdivision Improvement Agreement for the subdivision and the separate Tiburon Town Council Resolution No.XX-2018 --1--12018 1 Agreement for Installation and Maintenance of Landscaping and Irrigation, and authorizes the Town Manager to execute and record said Agreements in conjunction with the parcel map. Section 4. Adoption of Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2018 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Tiburon Town Council Resolution No.XX-2018 --/--/2018 2 RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 039-151-64 THIS SPACE FOR RECORDERS USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT (This document may be signed in counterpart) Sarhangi-Wu Minor Subdivision 138 and 142 Rock Hill Road Tiburon,Marin County, California rXT T b 1 OF 8 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 201_by and between Caryn Wu and Amir Sarhangi, as Trustees of the Sarhagi-Wu Living Trust dated June 20, 2016 (hereinafter"Subdivider"), and the Town of Tiburon, a municipal corporation of the State of California(hereinafter"Town"). WITNESSETH WHEREAS, Subdivider has presented to the Town for approval a parcel map entitled "Parcel Map Lands of Sarhangi-Wu" and the map has been filed with the Town Clerk for presentation to the Town Council for its approval, which map is hereby referred to and incorporated herein; and WHEREAS, Subdivider, pursuant to Chapter 14 of the Tiburon Municipal Code, has presented to Town improvement plans prepared by Firma Design Group, entitled"13 8 Rock Hill Drive APN 039-151-55 Site and Landscaping/Irrigation Construction Documents", consisting of sheets, dated , 201_, outlining thereon the improvements to be constructed by Subdivider within the Subdivision (hereinafter"Improvement Plans"), which plans are on file and available for public inspection during business hours at the Town Planning Division;and WHEREAS, said improvements and any other improvements required by Chapter 14 of the Tiburon Municipal Code or by this Agreement will not be completed before the filing of the parcel map of said Subdivision; and WHEREAS, Chapter 14 of the Tiburon Municipal Code requires Subdivider to enter into an agreement with Town agreeing to have said improvements and work completed within the time specified in said agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Subdivider agrees that prior to the expiration of two (2) years from the date of this Agreement, it will construct all improvements outlined and set forth on the Improvement Plans and all other improvements required of it to be constructed by the provisions of Chapter 14 of the Tiburon Municipal Code, in effect as of the date of filing of the parcel map application for this project, within and for the benefit of the Subdivision. Town may grant extensions of time, in writing, for completion thereof as shall be reasonably necessary for such completion. The approval period provided for herein shall be tolled if construction of said improvements and/or the issuance of building permits has been prevented by building/development moratorium(s)—not deemed to include growth control ordinances—imposed by Town or other governmental entity(s), for the period of such moratorium(s). Said improvements shall include, but are not necessarily limited to, the following: The acquisition and/or construction of streets and/or common roadways, including clearing, grading, soils stabilization, sub-base, base, pavement, curbs and gutters, 2 OF 8 sidewalks, retaining walls, storm drainage facilities; sanitary sewer system and appurtenances; a system of domestic water supply, including fire hydrants, services and appurtenances; street lights, underground electrical, natural gas, telephone and television facilities and appurtenances; environmental restoration; and all other improvements and appurtenances necessary for a complete scheme of improvements to serve each lot within the Subdivision, including acquisition of any rights of way or easements necessary thereto, and other incidental and related work. Said improvements shall be constructed in accordance with the Improvement Plans. In addition, said improvements shall be constructed in accordance with the Tiburon Municipal Code and amendments thereto and in accordance with those specifications contained in the Code, all as the same exist as of the date of filing of the parcel map application for the project. The foregoing plans are incorporated herein by reference and made a part hereof, with the following exceptions, additions and modifications: NONE Where there is a conflict between the plans and specifications, the more strict requirements shall govern. 2. Subdivider hereby warrants that the plans and specifications referred to herein are in accordance with the tentative map approval for the project, dated August 12, 2015 by Planning Commission Resolution No. 2015-09, together with all conditions and environmental mitigation measures made a part of said approval. Subdivider further warrants that said plans and specifications are adequate to accomplish the improvement work covered by this Agreement in a good workmanlike manner, and in accordance with accepted construction practices. Should said plans and specifications at any time prior to final acceptance of improvements referred to herein prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to accomplish said work in a good workmanlike manner and in accordance with accepted construction practices. 3. Upon final completion of all of said work in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same. Subdivider agrees that for a period of one (1) year from and after the date of receipt of said written acknowledgement of completion of said work it will maintain all of the improvements constructed under the provisions of this Agreement, that it will repair any defects or failures which may appear in said improvements during said one-year period and that it will further correct the causes of said defects or failures. Provided that Subdivider has complied with the terms of this Agreement in all respects, Town shall, upon completion of said one-year post-completion period, notify Subdivider in writing of its final acceptance of said improvements. Neither the written acknowledgement of completion hereinabove referred to nor any periodic progress inspection or approval shall bind the Town to accept said improvements or to waive any defect in the same or any breach of this Agreement. Acceptance of any part or any stage of said improvement work 3 OF 8 shall not be final until the written notice of final acceptance of all of the improvements shall have been delivered to Subdivider as required herein. 4. All inspection services rendered in connection with the work covered by this Agreement shall be paid for by Subdivider at the actual cost to Town. 5. Should Subdivider fail to construct the improvements within the time specified in Paragraph 1, including all extension(s), if any, Subdivider shall immediately discontinue all work under this Agreement. In such event, Subdivider shall either make arrangements satisfactory to Town for completion of said work, or Town may immediately proceed to complete the improvements by contract or otherwise and recover the cost thereof from Subdivider. 6. Prior to starting any construction of improvements called for by this Agreement, Subdivider shall meet the following conditions: (a) The before described improvement plan and specifications shall be adjusted, if necessary, to meet: 1. Any changes in the terrain which may occur after the execution of this Agreement and prior to the commencement of the construction of the improvements; and 2. Any engineering standards new to the profession and applicable to the Subdivision. Said plans and specifications shall be subject to the reasonable written final approval of the Town Engineer. (b) Upon execution of this Agreement, Subdivider shall post the improvement securities listed below, as required by §§ 66496 and 66499 —66499.10, inclusive, of the California Government Code. The form and details of security shall be subject to the approval of the Town Attorney. Any additions, alterations or modifications to this Agreement or to the plans and specifications referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the required securities. The Town Engineer shall determine the estimated cost of the improvements and monuments. 1. For faithful performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements: $1,203,983. 2. For payment of all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements: $1,203,983. 3. For payment of the project engineer or surveyor for setting of the final monuments for the Subdivision: 100% (one hundred percent) of the estimated cost of setting such monuments: $5,000. 4OF8 (c) Subdivider shall deposit with the Town a sum equal to 3% of the estimated construction costs of the subdivision improvements and subdivision monumentation prior to issuance of the grading permit for the subdivision improvements. Inspection costs shall be drawn down from this deposit and additional deposits may be required. 7. Upon final completion of all improvements in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same and Town shall take all steps necessary for the release of any security held by Town, and shall release such security upon the posting by Subdivider of the security referred to in Paragraph 8 below. 8. Upon final completion of all improvements in accordance with this Agreement,the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same and Subdivider shall then furnish security whether it be cash, bond, deed of trust, or letter of credit, in accordance with the provisions of California Government Coded Sections 66499-66499.10, in an amount equal to Ten percent (10%) of the cost of the improvements as security for the maintenance and repair of the improvements for a one- year period. The form and details of the security shall be subject to the reasonable approval of the Town Attorney. Upon the final acceptance of said improvements as referred to in Paragraph 3, Town immediately shall release such security held. 9. Should Town be required to institute legal action to compel performance of this Agreement, Subdivider agrees to pay all reasonable attorneys fees, costs of suit, and all other expenses of litigation incurred by Town in connection therewith. 10. Town shall not be responsible for any of the costs of said improvements or for the performance or non-performance of the work of construction of said improvements, and Subdivider shall hold Town free and harmless from any claim or liability resulting from or arising out of the same. 11. Subdivider shall have sole responsibility for making all arrangements and assuming all expenses as may be required in connection with the furnishing and installing of utility service facilities. 12. Subdivider shall not commence work under this Agreement until contractor and any subcontractors have obtained all insurance required under this paragraph, and such insurance has been approved by the Town Attorney as to form, amount and carrier. All requirements shall appear either in the body of the insurance policy or in endorsements and shall specifically bind the insurance carrier. (a) Workers' Compensation and Employers' Liability insurance in the statutory coverage. In signing this Agreement, Subdivider makes the following certification: 5 OF 8 "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." (b) Commercial General Liability Insurance: In an amount not less than two million dollars ($2,000,000.00) for injuries including, but not limited to, death to any one person, and including blanket contractual liability, and subject to the same limit for each person, in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. Town shall be added as an additional insured such that the coverage provided to the Town is primary and non-contributory. (c) Automobile Liability (Code 1) Insurance: In an amount not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage and an aggregate two million dollars ($2,000,000) annually. Town shall be added as an additional insured such that the coverage provided to the Town is primary and non-contributory. (d) It is agreed that the insurance required by Subsections (b) and (c) shall be in an aggregate amount of not less than two million dollars ($2,000,000.00) and shall be extended to include as additional insureds the Town of Tiburon, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Subdivider as described herein, and said coverage shall be primary and non-contributory. Evidence of the insurance described above shall be provided to Town upon execution of this Agreement and shall be subject to approval by the Town Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to Town. In addition, the following endorsement shall be made on the policy of insurance. "Notwithstanding any other provisions in this policy,the insurance afforded hereunder to the Town of Tiburon shall be primary as to any other insurance or reinsurance covering or available to the Town of Tiburon, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13. Subdivider shall indemnify, defend an hold Town harmless from any liability for damage or claims for damage to persons or real or personal property(including, without limitation, claims for inverse condemnation) arising or alleged to arise from the operations of Subdivider or Subdivider's contractors, subcontractors, agents or employees in connection with the performance of this Agreement. Subdivider's obligation under this section apply to all claims or actions at law arising from the aforesaid operations, regardless of whether Town has prepared, supplied or approved of plans and/or 60F8 specifications for the Subdivision or regardless of whether the insurance policies required by this Agreement apply to such damages or claims for damages. For purposes of this Section, "Town" includes, without limitation, the Town's elective and appointive boards, commissions, officers, agents and employees. 14. This Agreement applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. Subdivider reserves the right to transfer the property and the rights and duties under this Agreement shall pass to said transferee and subsequent transferees, if any, without modification. 15. This Agreement shall be subject to and shall be deemed to incorporate by reference as if set forth in full herein all applicable provisions of the State Subdivision Map Act sections 66499 through 66499.10 and Chapter 14 of the Tiburon Municipal Code applicable and in effect as of the date of the filing of the parcel map application for this project. 16. The laws of the State of California shall govern this Agreement. In the event a dispute arises between the parties relating to this Agreement, the proper venue for resolving that dispute is the County of Marin. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. [SIGNATURES ON FOLLOWING PAGE] 7OF8 SUBDIVIDER: By: Caryn WK r e Sarhangi-Wu Living Trust dated June 20, 2016 By: Amir Sarhangi, TrustVst Sarhangi-Wu Living dated June 20, 2016 TOWN: TOWN OF TIBURON A Municipal Corporation By: Greg Chanis Its: Town Manger ri,ndividual ota public orolhcr efGcer con-, ' lin this certificate verifies only the identity of the g N P rr, g ,,c y tY who signed thi document to which;his certificate is attached,and not the hfulness,accuracy,or validity of Ihat document. State of(;aIifqfnia County of_ )ss. On Notary Public, Approved as to Form: personally appeared<nie'Y G�%✓�.tfAi , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Ben Stock, Town Attorney Town of Tiburon HOWARD SALKON r COMM. #2115984 z Y; o Notary Public-California o ' v Marin County �R My Comm,Expires July 12 2019' [Attach Notary Sheets as Necessary] 80F8 RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 039-151-64 THIS SPACE FOR RECORDERS USE ONLY AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IRRIGATION SARHANGI-WU MINOR SUBDIVISION 138 & 142 ROCK HILL ROAD TIBURON, MARIN COUNTY, CALIFORNIA 1 OF 6 ' AGREEMENT FOR INSTALLATION AND MAINTENANCE OF LANDSCAPING AND IRRIGATION THIS AGREEMENT is made this day of , 201_, between Caryn Wu and Amir Sarhangi, as Trustees of the Sarhangi-Wu Living Trust dated June 20, 2016 (hereinafter"Property Owner"), and the Town of Tiburon, a municipal corporation of the State of California(hereinafter"Town"). RECITALS THIS AGREEMENT is based upon the following facts: A. Property Owner is the owner of certain real property ("Property") situated in the County of Marin, State of California, more particularly described as follows: All that real property shown on the"Parcel Map Lands of Sarhangi-Wu", recorded in Book of Maps at Page ,Marin County Records, on the _day of , 201_. B. By the terms of the Tentative Map approval as set forth in Planning Commission Resolution No. 2015-09 at Condition No. 15, Property Owner is required to install and maintain landscaping and irrigation in substantial compliance with approved drawings, and to enter into an agreement with the Town recorded in conjunction with the parcel map. C. Said approved drawings referenced in Recital B are entitled "Construction Documents: Planting Plan, Irrigation Plan, and Planting and Irrigation Details" (3 sheets; L2.0, L3.0 and L4.0), dated , prepared by FIRMA Design Group, conformed copies of which are on file in the Town of Tiburon Planning Division in File#PM2016-001, to which reference is made for further particulars. D. Both parties recognize that the installation and maintenance of landscaping and irrigation is an integral part of the Property Owner's plan for development of the property, and is necessary to carry out the purpose and intent of the Town's Tentative Map approval, and that the development would not have been approved by Town without the assurance that this Agreement would be executed by Property Owner. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. PURPOSE. The purpose of this Agreement is to assure(a) timely installation of the landscaping, including irrigation, in accordance with the Town- approved drawings referenced in Recital C above; and (b) continued 2 OF 6 maintenance and care, including replacement as necessary, of the required landscaping and its supporting irrigation system. 2. PROPERTY SUBJECT TO AGREEMENT. The property which is the subject of this Agreement is described as those portions of the property containing the landscaping improvements as shown on the approved drawings as set forth in Recital C above. 3. LANDSCAPING AS A BENEFIT. Property Owner agrees that the landscaping and irrigation that he/she is obligated to install and maintain will materially benefit his/her property and is necessary to comply with the conditions imposed by the Town as a requirement of the development of the property. 4. DUTY TO INSTALL AND MAINTAIN LANDSCAPING. Property Owner agrees to complete the installation of the approved landscaping and irrigation prior to the Town's issuance of a Notice of Completion for the Sarhangi-Wu Subdivision Improvements, and to diligently maintain and care for the landscaping and irrigation which he/she installs,using generally accepted methods of cultivation, watering, and maintenance. Property Owner shall maintain that level of standard care necessary to prevent the landscaping and irrigation system from deteriorating to the extent that its value or function is substantially diminished and/or eliminated. The term of the duty to maintain the landscaping and irrigation is in perpetuity. 5. TOWN MAY MAINTAIN LANDSCAPING. Property Owner agrees that if he/she fails to meet the standard of maintenance necessary to keep the landscaping in a healthy condition, and/or the irrigation system in a functionally effective condition, the Town will give written notice of the deficiency to the Property Owner who shall have thirty(30) days to make the necessary correction. If Property Owner fails to make the necessary correction within thirty(30) days,Property Owner authorizes the Town to take the steps necessary to assure that the landscaping and irrigation system is maintained and cared for. To do this, the Town shall serve notice of its intent to enter the premises for this purpose. The Town shall either personally serve the notice upon the Property Owner or mail a copy of it by Certified Mail at the Property Owner's last known address, or as shown on the latest property tax rolls, at least fourteen(14) days in advance of the date when it intends to enter the premises. For this purpose, the Town may enter upon the property and perform such work as it considers reasonably necessary and proper to restore and maintain the landscaping and/or irrigation system. The Town may act either through its own employees or through an independent contractor. The Town has sole discretion to elect to take corrective action under this Section; nothing herein shall create any rights in third parties for such action. 3 OF 6 6. TOWN'S COSTS OF MAINTENANCE A LIEN. If the Town incurs costs in restoring or maintaining the landscaping after following the procedure set forth in Paragraph 5 above, the Town shall make demand on the Property Owner for payment, if the Property Owner fails to pay the costs incurred by the Town within thirty(30) days of the date demand was made, the Town may make the costs a lien upon the appropriate Lot owner(s) of the real property described in Recital A above by recording a notice with the County Recorder of Marin County stating that it has incurred expenses under the terms of this Agreement. The notice shall state the fact that Town has incurred the costs under the terms of this Agreement and shall state the amount, together with the fact that it is unpaid, and draws interest at the rate of five (5) percent per year until paid. 7. ADDITIONAL REMEDIES. The Town may as an alternative to the lien procedures set forth above in Paragraph 6, bring legal action to collect the sums due as the result of making the expenditures for restoration and/or maintenance of the landscaping. The Property Owner agrees that if legal action by the Town is necessary to collect the amount expended by the Town, the Property Owner agrees to pay the Town a reasonable sum as attorney's fees and court costs, together with interest accruing from the date which is thirty(30) days after the Town has given its notice, under Paragraph 5 above. 8. NOTICES. Notice given by each party to the Agreement shall be given to the other party at the Address shown below: Notices to the Town shall be addressed to: Director of Community Development Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Notices to the Property Owner shall be addressed to: Trustees of the Sarhangi-Wu Living Trust 4 Antilles Way Tiburon, CA 94920 When Property Owner ceases to be the owner, he/she may file with the Town a notice to that effect containing the name and address of the new owner and a copy of the deed. Upon doing so, the subsequent Grantee is charged with the obligations created under this Agreement. 4OF6 9. MISCELLANEOUS TERMS AND PROVISIONS: a. If any provision of this Agreement is adjudicated to be invalid, the remaining provisions shall remain in full force and effect. b. Notice to Property Owner shall be considered to have been given to him/her when sent to his/her address as set forth in Paragraph 9 above, or, if that owner/address is no longer accurate, to the address of the property owner(s) of record as shown on the latest equalized assessment rolls of the County of Marin. c. This writing contains a full, final and exclusive statement of the contract of the parties. d. Property Owner appoints the Town as his/her Attorney-in-fact, to do all acts and things which the Town considers necessary to restore or maintain the landscaping that is the subject of this Agreement. e. If there is more than one signer of the Agreement as Property Owner, their obligations are joint and several. f. The obligations placed upon the Property Owner signing this Agreement terminate personally as to him/her when he/she conveys his/her interest in the property and files for record with County Recorder a copy of assignment of this Agreement. In this case the new owner(s) takes title subject to the requirements of this Agreement. 10. AGREEMENT ATTACHED TO LAND. This Agreement pertains to and runs with the real property described in Recital A above. This Agreement binds the successors in interest of each of the parties to it. 11. TOWN MAY REQUIRE ADDITIONAL SECURITY. If upon execution of this Agreement or during the course of performance the Town considers it necessary to have the Property Owner post additional security to guarantee the performance of his/her obligations, subject to the notice and cure rights set forth in Section 5 above, the Town may require the Property Owner to post additional security, not to exceed the reasonable value of the remaining landscaping improvements to be installed and/or the reasonable cost to restore landscaping improvements not being reasonably maintained. The Town may require a surety bond guaranteeing performance signed by sureties and in a form deemed satisfactory to the Town Attorney. The condition of the security shall be that if the Property Owner fails to perform his/her obligations, the security shall be forfeited. [SIGNATURES ON FOLLOWING PAGE] 5 OF 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. PROPERTY OWNER: By: Caryn Wu,`T- rustee Sarhangi-Wu Living Trust dated June 20, 2016 B y. �irr arhangi, Trustee Sarhangi-Wu Living T st ated June 20, 2016 TOWN: TOWN OF TIBURON A Municipal Corporation By: Greg Chan1S [individual tary public or other officer com,; tiro this cerii6cate ver@rs only the identity of the who s gned the document!o vrnich!his certificate is attached,and not the Its: Town Manger fulness,accuracy,orvalidityofthatdocument. State of CalifOia County of )ss. On l VAWc NotaryPublcI personally appeared Approved as t0 Form: who proved to me on the basis of satisfactory evidence to be the person(s)whose ply name(s)isfare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hismerltheir authorized capacity(ies),and that by histherltheir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument.I certify under PENALTY OF PERJURY under the laws of the State of California that the forego' g paragraph is true andcorrect. WITNESS myhand and�iaal Ben Stock, Town Attorney HOWARDSALKiN COMM. #2115984 z V Notary Public •California o z ti Marin County [Attach Notary Sheets as Necessary] °5`. wN My Comm.Expires July 12,2019 6OF6 OWNER'S STATEMENT SURVEYOR'S CERTIFICATE COUNTY TAX COLLECTOR'S CERTIFICATE 'HEREBY STATE THAT I AM THE SOLE OWNER OF AND HAVE THE RIGHT, TITLE, AND INTEREST IN THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY I, THE UNDERSIGNED, ON BEHALF OF THE TAX COLLECTOR OF THE COUNTY OF MARIN AND THE AND TO THE REAL PROPERTY INCLUDED WITHIN THE SUBDIVISION SHOWN UPON THIS MAP, AND AM IN CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE CITIES THEREIN, STATE OF CALIFORNIA, HEREBY CERTIFY THAT THERE ARE NO LIENS FOR THE ONLY PERSON WHOSE CONSENT IS NECESSARY TO PASS CLEAR TITLE TO SAID PROPERTY, AT THE REQUEST OF MIKE COOK IN JULY OF 2016. UNPAID TAXES, COUNTY OR CITY, OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT AND I CONSENT TO THE MAKING AND FILING OF SAID MAP OF THE SUBDIVISION SHOWN WITHIN THE I HEREBY CERTIFY THAT THIS PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR TAXES OR SPECIAL ASSESSMENTS NOT YET PAYABLE AGAINST THE TRACT OR SUBDIVISION OF BORDER LINES. CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY, AND MONUMENTS SHOWN HEREON WILL BE LAND SHOWN HEREON OR ANY PART THEREOF. SET WITHIN ONE YEAR FROM THE DATE OF FILING OF THIS MAP AND THAT SAID MONUMENTS ARE OR WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. SIGNED THIS DAY OF 2018 OWNER: AMIR SARHANGI &CARYN WU DATE: CO—TRUSTEES OF THE SARHANGI—WU LIVING TRUST DATED JUNE 20, 2016 DATE9 LAND�R SIGNED BY: JAMES LEE SMITH, P.I.S. 8185 DATE TAX COLLECTOR v No.sl es COUNTY OF MARIN, STATE OF CALIFORNIA A n=or other public officer completing this �RTf. ' BY: ertlfitata wrlfles only the identity of the 0"CKIf IndlWdud who signed the document to which this DEPUTY DATE rtificote in attached, and not the truthfulness, occuroc i,or-Ildity of that document COUNTY CLERK'S CERTIFICATE NOTARY PUBLIC CERTIFICATE I, THE UNDERSIGNED, CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN, STATE OF CALIFORNIA STATE OF CALIFORNIA, DO HEREBY CERTIFY THAT A GOOD AND SUFFICIENT BOND COUNTY OF SONOMA TOWN CLERK'S STATEMENT APPROVED BY AND IN THE AMOUNT FIXED BY SAID BOARD OF SUPERVISORS HAS BEEN FILED WITH SAID BOARD AND THAT SAID BOND BY ITS TERMS IS MADE TO INSURE TO THE ON, . 2018, BEFORE ME, NOTARY PUBLIC, THE TOWN COUNCIL OF THE TOWN OF TIBURON, STATE OF CALIFORNIA, AT A REGULAR MEETING HDD BENEFIT OF SAID COUNTY OF MARIN AND IS CONDITIONED FOR THE PAYMENT OF ALL PERSONALLY APPEARED ON THE DAY OF 2018,EXAMINED THE PARCEL MAP "LANDS OF TAXES, WHICH MAY BE AT THE TIME OF THE RECORDING OF THIS MAP A LIEN AGAINST SARHANGI—WU'AND THE TOWN COUNCIL BY RESOLUTION N0. DULY PASSED AT THE THE TRACT OR SUBDIVISION OF LAND SHOWN HEREON OR ANY PART THEREOF, BUT NOT WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE PERS)ON(S) WHOSE MEETING AFORESAID, APPROVED THIS MAP. YET PAYABLE. NAMEAT AT BY HIS/F1EMISTHEIREY EARE SIGNATUOR(9)ON THEHE SAME N HISINSTRUMENT ETHEAUTHORIZED PERSON(S), OBSCRIBED TO THE WITHIN INSTRUMENT AND R THE ENTITY UPDGED TO ME YHONTMBEHALF OF MICIH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. SIGNED THIS DAY OF 2018 WITNESS MY HAND AND SEAL THIS DAY OF . 2018 1 CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT SIGNED: THE FOREGOING PARAGRAPH IS TRUE AND CORRECT, TOWN CLERK OF THE TOWN OF TIBURON, COUNTY OF MARIN, STATE OF CALIFORNIA CLERK OF THE BOARD OF SUPERVISORS OF THE COUNTY OF MARIN, STATE OF CALIFORNIA WITNESS MY HAND AND OFFICIAL SEAL. SIGNATURE MY COMMISSION EXPIRES: NOTARY COMMISSION NO. COUNTY RECORDER'S CERTIFICATE FILED THIS DAY OF 2018, AT____d. IN BOOK OF MAPS, AT PAGES IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF MARIN, STATE OF CALIFORNIA, AT RECORD TITLE INTEREST NOTE THE REQUEST OF THE TOWN OF TIBURON. FEE S SIGNED: SIGNATURES OF OWNERS OF THE FOLLOWING INTERESTS HAVE BEEN OMITTED UNDER THE COUNTY RECORDER TOWN ENGINEER'S CERTIFICATE PROVISIONS OF SECTION 66436 OF THE SUBDIVISION MAP ACT: THEIR INTEREST IS SUCH COUNTY OF MARIN I, PATRICK BARNES, TOWN ENGINEER, IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, THAT IT CANNOT RIPEN INTO A FEE TITLE AND SUCH SIGNATURES ARE NOT REQUIRED BY STATE OF CAUFORNIA HAVE EXAMINED THIS PARCEL MAP, THAT THE LAND DIVISION AS SHOWN HEREON IS THE GOVERNING BODY: DOCUMENT NO. BY: SUBSTANTIALLY THE SAME AS IT APPEARS ON THE TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF CHAPTER 2 OF THE SUBDIVISION MAP ACT NAME RECORDED NATURE OF INTEREST AND ANY LOCAL ORDINANCES APPLICABLE AT THE TIME OF THE APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. AMIR SARHANGI & CARYN WU 2017-0030474 SUBDIVISION OF THE LANDS JAKE L. HAMON, ET UX 1376 OR 164 SEWER DATED tote THE TOWN OF TIBURON 3246 OR 450 SEWER AND MAINTENANCE JAMES BELMAN 2004-0026290 LANDSCAPE EASEMENT PATRICK RCE BARNESB THEODORE GAZULIS 2011-0059795 LANDSCAPE EASEMENT CERTIFICATE SHEET TOWN ENGINEER, TOWN OF TIBURON, AGREEMENT STATE OF CALIFORNIA DANIEL E. COHN, 2009 TRUST 2011-0064403 DRIVEWAY ACCESS EASEMENT PARCEL MAP DANIEL E. COHN, 2009 TRUST 2011-0064404 VIEW EASEMENT AND LANDSCAPE EASEMENT LANDS OF SARHANGI-WU TOWN OF TIBURON COUNTY OF MARIN I, RICHARD A. MOSHIER, 00 HEREBY STATE THAT HAVE EXAMINED THIS PARCEL MAP OF THE SUBDIVISION ON BEHALF OF THE TOWN OF TIBURON AND AM SATISFIED THAT THE MAP IS STATE OF CALIFORNIA TECHNICALLY CORRECT. 2 LOTS 2.55 ACRES BEING A SUBDIVISION OF THE LANDS OF AMIR SARHANGI AND CARYN WU, CO—TRUSTEES OF THE SARHANGI—WU LIVING TRUST, AS DESCRIBED BY DEED R DATED 2018 RECORDED UNDER DOCUMENT NO. 2017-0030474, RICHARD A. MOSHIER OFFICIAL RECORDS OF MARIN COUNTY R RCE 30696 LYING ENTIRELY WITHIN THE TOWN OF TIBURON, COASTLAND CIVIL ENGINEERING COUNTY OF MARIN, STATE OF CALIFORNIA. b STATE OF CALIFORNIA V • CIVIL ENGINEERS•URBAN PLANNERS•LAND SURVEYORS•LANDSCAPE ARCHITECTS 15 THIRD .STREET, SANTA ROSA, CA 95401 Tel, (707) 542-6451 FAX (707) 542-5212 MAY 2018 SHEET 1 OF 4 SHEETS n OLD REPUBLIC TITLE COMPANY ORDER N0.0457013299 A.P.N.039-151-55(POR),039-151-52(POR) JOB NO.2011012.AO T�-r INTO. ACCESS& \N FD 3/9 IP Mill UTIL/TIES \� SARHANG/-{NU \ LS 3971 LOT 2 VMIe A `� NOT OF RECORD y 1 Ol PER RI \`�- \ 19 PM 23 LLA(01) \". NOTE 0 TOWN OF TIBURON lAWM/LL \ 2011-066402 a ON 32d5 OR 447 ' moo, << �`Z SNF PER JR14 4"/P a 114-1 APN 039-161-06 Nro'o -ozs -�o w LS7237 ?R. O>� Rp��, N tC 131 Z ! 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P9RC£L TWO (S63'30'43"E 12.46) 112-REBAR ��N h Cr` £X ACCESS ESATr- 7,02 LS7237 7` ALL 71E5 ARE AT RICHT ANCIFS UNLESS OTHERWISE NOTED 011-066403 .�-1 = P R'J y O / SEE 5{117 3 f0E2 LOCAL AGENCY INFORMATION \ tJ� 3 ( EX 15 WL£ LaT Z 1985-034545 Q 40'ACCESS& �N y.�p /N61'35'09"E 2.91 .r�P'' tp� \ � Por R2 /P \5 7 UT/LInES ^7^.; q f'£ (N61'33'38'E 2.92)D7 s�m�c Cn [V 1,{8 1(js ,j(.�, �T,t FE✓ J PER RI Oi y o D2 RI N28725' N32'57'12"W 18_00 r-- ` a I {) LEGEND 75' (N32'S6'03'W 1&00 1 •n PR/VA7E AGYYX'SS _N PVT 5'8LE o• N778.15 " N28 822' (N32'57'36'W 18.00 D3 o N a - - 8.15 I AND UnlI7Y ` {� /FO Lor 1 IT,4r.ss n 38.38 Di f�� EASEMENT/FO LOT 2 � _ 1 r'� ----_--- SUBDIVISION REFERENCED L (577'3504"E)D2 2 �E DETA/L A� `� I FX 'n�PVT 5'J7E.moi -L-^I n - RECORD REFERENCED LOT UNE II ```` SEE DETAIL 'A'ON SHEET 4 I iS N50'04'57"W ` FOR EASEMENT OA TA \ 1Di�FK"Esyl ` o IFO LOT 1 I til Y - - PROPOSED EASEMENT rU` 008¢ \ 4� O DEL /vL�DERA - - EXISTING EASEMENT tr (S5D.4905.227'W. �'i''�csl\ NN \\\ y? // 10.00 •4B F A,1277;J1'W N 13.40 E I � � � L � � ,w, SUBDIVISION O SET 3/4"IRON PIPE PLS 5143 9.48)01.02 �,Q m�,a)o. o g ri� .tr\sss 5L 00 17.9s 19 MAPS 23 >O 0\ m \ B)„ice\� J/_ _�.84.H-- �I W > LAWW/LL 9' oNN^ � E • FOUND MONUMENT AS N07FD SEE DETAIL C ,..R°/t1 ”' \ ~ J0.8 --- "'- �A$}.- / \ ( ) RECORD DATA PER DEED OR MAP 3246 O.R. 447 3 �- >,o) —7TK — 28J.74� 3 a S APN 039-151-37 �°3 N N =4 1�9— a$ SJ877 34 E W o mI N 0 0 / r - n 851 O 45451 CR CORNER RECORD LOT 3 e z FO FOUND 8 v / �1� 1 �I 117 2" Who d ' I- J „P�� I IN FAVOR OF ,!'v0 I I 5 PVT 5'SSE W '2 ,O / L� Q-?P- n.a o w�' \ r}' f'� o iti W o 4 1 Io�n LANDSCAPE EASEMENT 3/4'IP IS 5814 ti t^P' V y `• a r` W^ to M PVT 5WE / PER CR FLR4 PILGR/M Hr1GHTS two'+ 1�?�0 PVT 10'SDE IFO LOT i Tn vN JTE JOINT TRENCH EASMENT P 039-151-J9 1 1 M �2 ;o m to \ R �• I IFO L01 2 I W 1toK 5'81 2 I C I- 25' � / LLA LOT UNE ADJUSTMENT \ CAZUL/S w� o Y�6 LLA -- — - _ — �1�I M MEASURED \ ON •-P(.PaiC. 538y826 f Mk 1—I2' 2016-026410 197,58 N Oq� Yj• PUB PUBLIC .� 2011-0059510 '1 Ai _ 53_878 59£ L _——— $38 18'26E rn NOT 70 SCALE PCdf EASEA/ENT PVT PRIVATE �� - - �' O, 1 (N38'18'26'W.197.54)07 <N ON 2018-0018472 039-151-47 ; 1 71'�Z 175.78 D TA�B> SDE STORM GRAIN EASEMENT N40'35'23, , 175.78)01 5�� , m (N40'36'25"W. A) /O M o N SNF SEARCHED NOT FWND LOT 9 0 y0� LN 'l nSSE SANITARY SEWER EASEMENT' THE ARCHDIOCESE OF SAN FRANCISCOOgRRF%'T WLE WATERLINE EASEMENTPARISH AND SCHOOL JURIDIC PERSONS _3REAL PROPERTY SUPPORT CORP. APN 0307 50-05 ? ON 2007-0071439 �'3 0APN039-151-52 r'oo �tv� a:t scale feet SDE Dl j' (n 10 1._�. MAP SHEET J4 /P ;` a iI -RCF CF1209D PARCEL MAP LANDS OF S REFERENCES J14 IP / ' ,a 3/4.1 SARHANGI-WU 01 - CORRECTORY CORPORATION GRANT DEED 2017-0030474 RCE 12094 NJ774'42 48 i F,07 LS J971 FD?01,02 (NJ774'ww1 TOWN OF TIBURON COUNTY OF MARIN 02 - GRANT DEED 2011-0064402 i/i NOT CF RECprO 03 - GRANT DEED 2011-0059510 , 'SEE N07E D4 - GIFT DEED 3466OR 91 — — — _ STATE OF CALIFORNIA Rl - MAP OF PILGRIM HEIGHTS VOL it MAPS.PAGE 42 R2 - MAP OF DEL MADERA 19 MAPS,PAGE 23 \ '~7281 \ l I 2 LOTS 2.55 ACRES R3 - CORNER RECORD FOR LOT 7 - FILED 08/18/2010 PLS 7237 / \ BEING A SUBDIMSION OF THE LANDS OF AMIR SARHANGI AND CARYN WU. BASIS OF BEARINGS \NB�2'W m h \ N SARHANG/-WU\ \ CO-TRUSTEES OF THE SARHANGI-WU UVING TRUST, AS DESCRIBED BY DEED N28,. 21y 10.96 y..h o RECORDED UNDER DOCUMENT NO. 2017-0030474, BEING N26'29'41'E BETWEEN FOUND 3/4'IRON PIPES / JB' A/�' SARHANG/-WU\ go 3 LIVING TRUST \ OFFICIAL RECORDS OF MARIN COUNTY MAR NG THE NORTHEASTERLY OF LOTS 7&9,UNE OF THAT / \o ,`^„ L/V/NG TRUST f h$ $ LYING ENTIRELY WITHIN THE TOWN OF TIBURON, MAP OF PILGRIM HEIGHTS FILED IN VOLUME 11 OF MAPS AT \ \ lw COUNTY OF MARIN, STATE OF CALIFORNIA. PAGE 42.MARIN COUNTY RECORDS. GAZULIS *SURVEYOR NOTE \ r'>s \ _ - esp"� - - - CY IRON PIPES TAGGED LS 3971 FOUND AT NORTHWESTERLY \ \ 8) %'THE ARCISE DF / '� ' CORNER AND THE SOUTHWESTERLY CORNER OF 19 MAPS 23 SAN FRANCISCO / HELD PER MAPCIVIL ENGINEERS .NO CERTIFlCATE OF CORRECTION FOUND. J ' •URBAN PLANNERS•LAND SURVEYORS•LANDSCAPE ARCHITECTS LS 3971 WAS THE PARTNER IN THE FIRM THAT CREATED 19 \ \ / \ , i' / M 23' \ `I 1 15 THIRD STREET, SAN'T'A ROSA, CA 95401 -- DETAIL B' TET. (707) 542-6451 FAX (707) 542-5212 DETAK :1' s NOr To SCALE Nor 7o sr-ALE MAY 2018 SHEET 2 OF 4 SHEETS OLD REPUBLIC TITLE COMPANY ORDER NO.0457013299 A.P.N.039-151-55(POR),039-151-52(POR) JOB NO. 2011012.AO E R LUNENFEL9 D 2013-045955 165.56__ APN 039-290-04 LOT 4 TONG `\� z0' D.N. 15-0_,17977 —7 APN 039-151-54 I S LOT 7 \ LOT 1 26 20-1 LOT 2 Igg 40� LAWN/LL 25' 3246 O.R. 447 APN 039-151-37 LOT 8 z Bs-M. � \� S381. 6'E, I ' \ 4206 GARRETT APN 039-290-05 0 40 Bo LOT 5 B/D—RE7EN77OV f scale reef BAS/N AREA 1•=40' PILGRIM 9EIGHT'S 11 SM 42 GAZUL/S — DN 11-059510 _ - - 039-151-47 - �oc LOT 9 THE ARCHDIOCESE OP SAN FRANC/SCO PARISH AND SCHOOL JURIDIC PERSONS REAL PROPERTY SUPPORT CORP. \ Q ON 2007-0071489 APN 039-J51-52 I FC�FNf) SUBDIVISION BOUNDARY — BUILDING SETBACK UNE/ BUILDING ENVELOPE 610-RETENTION BASIN AREA INFORMATION SHEET PARCEL MAP NOTES LANDS OF 1. ALL DISTANCES AND DIMENSIONS ARE SHOWN W �Y FEET AND DECIMALS THEREOF. SARHANGI-W V 2 ALL TIES ARE AT RIGHT ANGLES UNLESS OTHERWISE NOTED. 3. BUILDING SETBACK LINES AS SHOW ARE TOWN OF TIBURON COUNTY OF MARIN STANDARD FOR THE RO-1 ZONE FOR THE TOWN STATE OF CALIFORNIA OF TIBURON AT THE TIME OF MAP APPROVAL 4. THIS PROPERTY CANNOT BE FURTHER SUBDIVIOED. 2 LOTS 2.55 ACRES S. THE GEOTECHNICAL INVESTIGATION REPORT WAS BEING A SUBDIVISION OF THE LANDS OF AMIR SARHANGI AND CARYN M), PREPARED BY HERZOG GEOTECHNICAL CO—TRUSTEES OF THE SARHANGI—WU LYING TRUST, AS DESCRIBED BY DEED CONSULTING ENGINEERS,DATED NOVEMBER 22, RECORDED UNDER DOCUMENT NO. 2017-0030474, 2013. OFFICIAL RECORDS OF MARIN COUNTY LYING ENTIRELY WITHIN THE TOWN OF TIBURON, 6. A SEPARATE JOINT DRIVEWAY AND MAINTENANCE COUNTY OF MARIN, STATE OF CALIFORNIA. AGREEMENT WILL BE RECORDED CONCURRENTLY WITH THE FILING OF THIS MAP. © • CIVIL ENGI N E ERS•U ROAN PLA NNE IRS•LAND SU RVE`O RS-LA N D SCAPE ARCH iTECTS 15 Tiij-) STREET, SANTA ROSA, CA 95401 TEL (707) 542-6451 PAX (707) 542-5212 MAY 2018 SHEET 3 OF 4 SHEETS OLD REPU13UC TITLE COMPANY ORDER NO.0457013299 A.P.N.039-151-55(POR),039-151-52(PDR) JOB NO.2011012.A0 CP 1.5 L PRATE ACCESS ANO s C9 / \_ UTILIUTY EAS'EIIENT/N O FA LCR OF LOT 2 \�s Li 1 0 40 BO scale 1" 40' feet 3 n� 3 h 1 9758 DETAIL 'A' SEE SHEET 2 UNE TABLE CURW TABLE UNE L£NC7N BEARING CURVE I RADIUS DELTA LENGTH Ll 2275 S45s311 E C3 6600 107748" 12.42 $L652.26 58749'06 E C2 68.00 11 VJ'15" 13l2 54249'06E Cl 232.00 zl7e'33- 86.18 INFORMATION SHEET 5'270'54W C4 94.00 157752" 2510 PARCEL MAP 5584376E C5 62.00 2J5B57- 25.95 LANDS OF 51175'S8E C6 93.00 1471'43" 23.04 54079'43-W C7 MOO 92'4449- 6151 SARHANGI-WU 5267947'W C8 /600 8140'44' 1566 L9 394 25.29.06E C9 18,00n.35 TOWN OF TIBURON COUNTY OF MARIN Vo 2246 52971JOE STATE OF CALIFORNIA 01 29.36 S2679'41-W 2 LOTS 2.55 ACRES BEING A SUBDIVISION OF THE LANDS OF AMIR SARHANGI AND CARYN Mi, L12 4005 SJI'3514 C CO—TRUSTEES OF THE SARHANGI—WU UVING TRUST, AS DESCRIBED BY DEED U3 57.3.5 54076?9 E RECORDED UNDER DOCUMENT NO. 2017-0030474, OFFICIAL RECORDS OF MARIN COUNTY U4 28.14 S49U2'40"W LYING ENTIRELY WITHIN THE TOWN OF TIBURON, COUNTY OF MARIN, STATE OF CALIFORNIA. ®— Civil. ENGINEERS•URBAN PI,ANNI RS•LAND SURVEYORS•LANDSCAPE ARCHITECTS 15 THIR:` STREET, .SANTA RoSA. CA 95401 TEL (707) 542-6451 FAX (707) 542-5212 MAY 2018 SHEET 4 OF 4 SHEETS OLD REPUBLIC TITLE COMPANY ORDER NO.0457013299 A.P.N.039-151-55(POR),039-151-52(POR) JOB NO.2011012.AO TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard June 6, 2018 ' 3 Tiburon, CA 94920 Agenda Item: CC- �,.......... � it < _ iiiST REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Inv stment Summary—May 2018 Reviewed By: Y� BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended May 31, 2018. ANALYSIS May 2018 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment 26,801,462.51 1.755% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15%, Liquid Marin) Total $26,901,462.51 The total invested at the end of the prior month was $26,651,462.51, therefore; the Town's investments increased by $250,000 over April 2018. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing— safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for May 2018 Prepared By: Heidi Bigall, Director of Administrative Services :ff'~ TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard June 20, 2018 Tiburon, CA 94920 Agenda IteCc: -� STAFF REPORT To: Mayor and Members of the Town Council From: Office of Administrative Services Subject: Recommendation to Adopt an Resolutions Establishing Municipal Budget Plan and Establishing an Appropriations Limit (Gann Limit) for FY 2018-19 Reviewed By: .r DISCUSSION Municipal Budget At the regular meeting of June 6, 2018, the Town Council received a presentation and held a public hearing on the proposed Municipal Budget for FY 2018-19. At the conclusion of the Public Hearing, staff was directed to return to Council on June 20 for adoption of the proposed Fiscal year 2017-2018 budget and associated Resolutions. Recapping the presentation at the June 6, 2018 meeting, the total Town budget appropriates $21,291,290 in expenditures. The total budget includes $12;361,425 in operating expenditures, $333,320 in capital equipment and IT outlay, $7,949,074 in capital improvements, and $646,471 in debt service. The operating budget is balanced and provides a $137,834 surplus. As directed by Council at the June 6 meeting, Staff reduced the amount appropriated.for the McKegney Green Storage Facility to $20,000 to cover design costs. Adoption of the budget will include any amendments as previously discussed and approved by the Council. Appropriation Limits (Gann) FY 2018-19 Proposition 4, approved by California voters in November 1979, established and defined annual expenditure appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to determine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales TOWN OF TIBURON PAGE 1 OF 3 I OW11 Council \lectin, )unc 20,2018 Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates, a =. shat'e:of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes, which are not subject to the limit. ANALYSIS The calculation for the Town of Tiburon's Appropriations Limitation for FY 2018-19 is illustrated below: Gann Limit Calculation—FY 2018-19 Amount 1. Previously established limit, July 1, 2017 $9,304,044 2. Adjustment Factors Per capital personal income 3.67% Population growth 0.01% 3. Multiplier, for adjustment to limit (1.0367 x 1.0001) 1.03680 4. Annual Adjustment Amount (1) x (3) $342,389 5. Add: legislated pass-through fees County property tax collection $61,900 6. Revised limit, July 1, 2017 $9,708,333 Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must then determine the amount of revenues that the Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. 1 OW11 Council Mcctin, Ji.1 -10..`ail, 201.8-19 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $ 7,986,935 B. Exclusions -0- C. Appropriations subject to Limitation $ 7,986,935 D. Current Year Limit (from above) $ 9,708,333 E. Over(Under) Gann Limit ($1,721,398) F. Percent Over (Under) Limit (21.55%) Any additional revenues received during FY 2018-19 that are considered "proceeds of taxes" will reduce the amount the Town is currently under the Gann Limit. FINANCIAL IMPACT By approving the Resolution as presented, the Council is authorizing the level of expenses, within funds, for the 2018-19 fiscal year. There is no financial impact in adopted the Appropriations Limitation resolution. RECOMMENDATION Staff recommends that the Town Council: 1. 1. Adopt, and authorize the Mayor to sign, the attached resolution (Exhibit 1) approving the Municipal Budget Plan for the Town of Tiburon for the Fiscal Year Ending .lune 30, 2019, with any approved modifications as previously discussed at tonight's meeting. 2. Move to approve a Resolution Establishing the Appropriations Limit for Fiscal Year 2018-19 Exhibits 1. Resolution Adopting the Municipal Budget Plan for FY 2018-19 2. Resolution Establishing the Town's Appropriation Limit for FY 2018-19 Prepared By: Suzanne Creekinore, Management Analyst T \N.'\ FI-FL t L:;iPaoc A3 RESOLUTION NO. -2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FORTHE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30 2019 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2019 at its regularly scheduled meeting on Wednesday, June 6, 2018; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2019; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $12,499,259 Expenditures 12,361,425 Total Operating Net: $ 137,834 Section 1 a. Operating Revenue Appropriation—Estimated Revenues and Sources of Funds for fiscal year 2017 GENERAL FUND Property Taxes $ 5,824,784 Other Taxes 1,634,876 Franchise Fees 995,900_ Fines & Forfeitures 96,008 Investment Earnings 738,000 Intergovernmental & Agency 410,800 Licenses & Permits 200,050 Charges for Services 116,000 Other Revenues 123,633 Subtotal General Fund Revenues $ 10,140,050 OTHER FUNDING SOURCES _ Low/Moderate Housing Fund 23,374 Town Owned Housing Fund 91,567 Page 1 of 5 Peninsula Library Agency 1,908,900 Policc COPS/SLESF Fund 180,000 Cypress Hollow Fund 23,000 Long Range Planning Fund 20,000 Gas Tax 40,000 Measure "A" Sales Tax Parks 72,368 Total Revenues & Sources $12,499,259 Section lb. Operating Expenditures Appropriation—Planned Department expenditures for fiscal year 2019: AMOUNT ADMINISTRATION Town Attorney $ 346,500 Town Administration 1,277,034 Administration Building _ 210,416 Legislative 106,750 COMMUNITY DEVELOPMENT Planning & Design Review $ 626,221 Building Inspection 672,069 Advanced Planning 20,000 POLICE Police Department $3,411,889 Police Building 72,500 PUBLIC WORKS �lllrill�iSLr�L7Un �i� vi Streets Maintenance 536,511 Parks Maintenance 761,461 Street & Signal Light Maintenance 36,000 Corporation Yard 106,780 Cypress Hollow 23,000 NON-DEPARTMENTAL Insurances & JPAs 1,540,062 Low-Moderate Income Housing 23,374 Town Owned Housing 91,567 Belvedere/Tiburon Library Agency 1,908,900 Total Expenditures: $12,361,425 Page 2 of 5 Section 2. Capital Improvement Program— Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2019: SOURCES PROJECTS General Fund GF Streets & Drainage Reserve $1,126,500 Gas Tax Fund 190,755 RMRA Funding 53,693 GF Park Development Fund 1,565,000 Street Impact Fund 1,582,126 _ Drainage Impact Fund 30,000 GF Infrastructure & Facilities 674,000 GF Unallocated 500,000 _ GF Corporation Yard 30,000 Special Assessment 1,683,000 Private Donations 400,000 Measure "A" Transportation 114,000 Technology Fund 0 Measure "A" Open Space 0 _ Grant Funding 0 Street Frontage Improvement Fund 0 STREETS Annual Pavement Management Program $ 1,395,819 Paving Hawthorne Undergrounding District 47,000 Slurry Seal Virginia 8,000 Main Street Seawall 30,000 Contingency Provision 45,000 I ED St,-ePt 1 i aht z 30 000 b' 2020 Paradise Drive 140,000 Stewart Drive Study 15,000 Subtotal Streets Improvements $ 1,710,819 DRAINAGE Annual Drainage Improvements $1,000,000 Beach Road Drainage _1.26,500 Culvert on Old Rail Trail @ San Rafael Avenue 30,000 Subtotal Drainage Improvements $1,156,500 Page 3 of COMMUNITY IMPROVEMENTS Hawthorne Undergrounding General Benefit $500,000 Virginia Undergrounding 1,683,000 Ferry Dock Pile Replacement 180,000 Police Department - EOC Flooring 39,000 Police Department - EOC Painting _ 5,000 Solar Array 260,000 Public Works Corporation Yard Design 30,000 L:IGtJ112ll11 ICVGk Shoreline Park Pathway Lights 180,000 Blackie's Pasture Storage Building 20,000 McKegney Green 1,965,000 Street Frontage Improvements 49,755 Subtotal Community Development Projects $2,604,755 Total Capital Improvements $7,949,074 $7,949,074 Section 3. Debt Service Program—Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT 2016 Consolidated Reassessment District $646,471 Total Debt Service 5646,471 IT iS FURTHER RESOLVED that the Town Manager may make adjustments anal a(-tivitiPS xvittiin tl;Pr b,NrinPt nrnVtded that no Increase or d'.m1nlShment in calx,-iPc —ge, Niv sla LU11VJ result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. Page 4 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on June 20, 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 5 of 5 RESOLUTION NO. -2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2018-19 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THF, STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California requires governmental jurisdictions to establish appropriations limits each year, and WHEREAS, the previously established limit for Fiscal Year 2017-18 was $9,304,044 and the State Department of Finance has determined that the 2018-19 Per Capita Personal Income Factor is 3.67%, and the Population Change Factor-is 0.01%; the Director of Administrative Services estimates that legislated pass-through fees of the County will be $61,900; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of$9,708,333 shall be established for Fiscal Year 2018-19. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of$9,708,333 is established for Fiscal Year 2018-19 pursuant to Article XIII B of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 20, 2018 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Council Meeting TOWN OF TIBURON g 1505 Tiburon Boulevard June 20, 2018 RV Agenda Item: �� Tiburon,CA 94920 g .� STAFF PO . To: Mayor and Members of the Town Council From: Community Development Department Subject: Smoking Ordinance Amendments: Public Hearing to Consider Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code; File MCA2018-004; Tow initiated Amendments (Ordinance—First Reading) Reviewed By: ZZ BACKGROUND The Town of Tiburon has regulated smoking and tobacco use since 1992; with a major update focusing on second-hand smoke occurring in 2011 (which, among other things, prohibited smoking in all apartment units), and lesser revisions regarding electronic cigarettes and smoking of marijuana adopted in 2014 and 2017, respectively. Local regulation of smoking and tobacco is continuously evolving nation-wide, in part due to the American Lung Association's ongoing efforts to protect the public from the health hazards associated with smoking and tobacco smoke. These efforts include a grading system that points out areas where local regulation of smoking and tobacco sales could be enhanced. Communities throughout Marin County and elsewhere have used this rating system to help upgrade their smoking regulations in order to protect the health and general welfare of the public. In addition,the Town Council received a request earlier this year from a parent whose new-born was being exposed to second-hand smoke from an adjoining unit in a condominium building. Staff received word from the Marin County of Marin Health and Human Services Department (H&HS) that Tiburon appears to be the only community in Marin County that does not have a policy or law prohibiting smoking in all attached dwelling units, whether rental or ownership. The proposed amendments also reflect the latest suggestions and model ordinance provisions recommended by H&HS regarding smoking and tobacco regulations. DESCRIPTION OF AMENDMENTS If adopted, the proposed ordinance amendments would, among other things: 1) Expand smoking and tobacco product use prohibition to: • Multi-unit residences, including condominiums, townhouses, and attached two-family dwellings (i.e., attached duplexes); this includes the inside of TOWN OF TIBURON PAGE 1 OF 4 Town Council Meeting June 20,2018 individual units, on patios, balconies and decks, and in all common area (excluding only a lawful unenclosed designated smoking area, if one is provided). This prohibition would go into effect 90 days after adoption. • Streets and sidewalks open to the public; and otherwise generally expand the types of unenclosed areas where smoking and tobacco product use are prohibited, including recreational areas open to the general public, such as parks, open spaces, sports fields, marinas, swimming pools,playgrounds, trails, picnic areas, etc., whether publicly- or privately-owned. 2) Establish responsibilities for homeowner associations of common interest complexes (condominiums and townhouses)to establish a smoke-free policy, notify owners and tenants of the policy, post signs concerning the policy, and establish a process for addressing complaints regarding smoking that is similar to that used for other homeowner association rule violations. 3) Prohibit the sale of tobacco products at pharmacies in Tiburon, and require a conditional use permit for the sale of tobacco products by any other vendor or business. 4) Increase fines for violations from $100 to $250 for infractions and expands enforcement options and remedies, both public and private (Sections 28-12 and 28-13). 5) Add and/or modify numerous definitions of terms. The provisions prohibiting smoking in all attached dwelling units, and the associated common interest complex responsibilities regarding enforcement, would go into effect 90 days after adoption; all other amended provisions would go into effect 30 days following adoption. The general intent is to bring the Town's regulations regarding smoking and tobacco use up to date with the most-recently adopted local ordinances and to better reflect in Marin County H&HS recommendations and those of the Smoke-Free Marin Coalition and ChangeLab Solutions. Smoking and tobacco use would not be regulated for single family detached dwellings and their premises (unless used as child or health care facilities); for detached two-family dwellings and their premises; within private vehicles when not otherwise prohibited by law; or within places of employment that employ only the owner, subject to certain limitations. A redline document depicting the proposed amendments to Tiburon's current smoking and tobacco regulations is attached as Exhibit 1. A clean version (with proposed revisions incorporated) is attached as Exhibit 2. The draft ordinance proposing the amendments is attached as Exhibit 3. ANALYSIS The principal effect of the amendments is to extend the smoking prohibition to all attached dwelling units in Tiburon that are not currently covered by existing municipal code provisions that prohibit smoking, including condominiums, townhouses, and duplexes (i.e., attached two- family dwellings). The amendments would create responsibilities for homeowner associations of common interest complexes regarding signage, development of a no-smoking policy,procedures to enforce that policy, and notification of the foregoing to owners and tenants. HH&S indicates that it provides sign templates for condominium associations and their residents, as well as sample lease amendments for those owners who lease their units. HH&S also offers a link to a TOWN OF TIBURON PAGE 2 OF 4 Town Council Meeting June 20,2018 training video to help simplify implementation of the ordinance requirements for associations and their management company. Other effects of the amendments are to extend the prohibition on smoking to streets and sidewalks open to the public and to other unenclosed areas that are open to the public,whether publicly or privately owned; prohibit sale of tobacco products in pharmacies; and require a conditional use permit for the sale of tobacco products anywhere else in Tiburon. Town staff does not believe that sales of tobacco products currently occur within the Town's corporate limits, but that situation could change at any time. Enforcement provisions have been made more explicit and penalties for violations increased. Overall, the proposed amendments bring Tiburon's smoking and tobacco regulations more in line with those of other Marin communities and incorporate many of the latest approaches to such regulations. The amendments do not include a Tobacco Retail License process that has been adopted by a few Marin communities. This process would have limited application in Tiburon, where no retail sales of tobacco products currently occur, and a conditional use permit would be required to establish any such use once the proposed ordinance goes into effect. The Town Council may wish to consider future drafting of a Tobacco Retail License ordinance at a future date. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this ordinance is statutorily exempt from the requirements of the California Environmental Quality Act(CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061(b)(3) and pursuant to Section 15305 involving minor alterations in land use limitations. FISCAL IMPACTS Adoption of the amendments would not have a direct fiscal impact on the Town. Possible increases in complaint response and enforcement efforts due to the expanded scope of the smoking regulations could be expected that might increase indirect costs to the Town. PUBLIC NOTICE EFFORTS Staff has attempted to make known the proposed amendments through various efforts, including information supplied to the ARK newspaper for a story, a TibTalk article emailed on June 7, a public hearing notice in the local newspaper, and a special mailing to Tiburon homeowner association representatives. See attached Exhibits 4 and 5. Correspondence received to date is attached as Exhibit 6. TOWN OF TIBURON PAGE 3 OF 4 Town Council Meeting June 20,2018 STAFF RECOMMENDATION Staff recommends that the Town Council hold first reading of the proposed ordinance, waiving any additional readings. The procedure would be as follows: 1. The Town Council should hold a public hearing and consider any testimony. 2. If appropriate, move to read by title only and carry the motion; then read the title and hold a roll call vote to pass first reading, waiving any additional readings. 3. If passed for first reading, the ordinance will be scheduled for adoption at the next regular meeting of the Council. EXHIBITS 1. Redline document depicting the proposed amendments in context. 2. Chapter 28 (clean version) incorporating the proposed amendments. 3. Draft ordinance for first reading. 4. TibTalk article emailed 6/7/2018. 5. Public hearing notice/homeowner association mailer mailed 6/8/2018. 6. Correspondence received. Prepared By: Scott Anderson,Director of Community Development TOWN OF TIBURON PAGE 4 OF 4 DRAFT REDLINE VERSION Chapter 28 - SMOKING AND TOBACCO REGULATIONS Sections: 28-1 - Findings and purpose. (a) The town council finds that: (1)Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; (2) Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the U.S. Environmental Protection Agency, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; (3) Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease; (4) Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers; (5)Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; (6) Persons, particularly employees, have a right to a smoke-free environment if they desire; (7) Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses; (8) Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.; Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 1 of 23 DRAFT REDLINE VERSION (9) The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent; (10) The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.; (11) The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin; (12) 87.9 percent of nonsmokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; (13) There is no Constitutional right to smoke; (14) Secondhand smoke can seep under doorways and through wall cracks and through ventilation systems; (15) State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; (16) A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within the common areas of multi-unit residences is not prohibited by state law; (17) California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. (b) Accordingly, the town council finds and declares that the purposes of this chapter are: (1) To protect public health, safety and general welfare by prohibiting tobacco smoking in certain public places and in places of employment; and (2) To guarantee the right of nonsmokers to breathe air free of toxins from combustion of tobacco,tobacco product, tobacco-like product, spices or any other plant or herbal materials to the extent that local regulation of sources of combustion of those materials is allowed by law and to recognize that the need to breathe air free of the toxins produced by smoking has priority over the desire to smoke. (c) The town council further finds it is within its basic police power to implement and enforce the provisions of this chapter. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 2 of 23 DRAFT REDLINE VERSION 28-2 - Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. "Business" means any sole proprietorship,joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Child care facility"means any family day care regulated by Sections 1597.30 through 1597.621 of the California Health and Safety Code (or successor sections thereto) and any day care center for children regulated by Section 1596.90 et sea. of the California Health and Safety Code for any successor section thereto). It does not include foster homes or residential care facilities. "Common area"means every enclosed area and unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use including for example, halls, baths, lobbies, courtyards elevators stairs community rooms playgrounds gym facilities, swimming pools, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. "Common interest complex" means a multi-unit residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100, or successor sections thereto. "Dining area"means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, established, or regularly used for consuming food or drink. "Electronic smoking device" means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, and electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 3 of 23 DRAFT REDLINE VERSION "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons. "Enclosed area"means an area in which outside air cannot circulate freely to all parts of the area and includes an area that has: (1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or (2) Four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceeds six feet in height, whether or not those constraints include vents or other openings. "Enclosed area" means all spaeo between a floor and eeiling that is enclosed on all sides by solid walls of windows (exclusive of door or passage ways)that extend fforn the floor to the eeiling, other materials or deviees that do not extend to the eeiling — -----i s lid-. "Health department" means the County of Marin Health Department. "Landlord" means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that "landlord" does not include sublessors. "Minor" means any individual who is less than eighteen years old. "Multi-unit residence"means, for purposes of this chapter, a premises containing two or more units, including, but not limited to, a common interest complex, except the following specifically excluded types of housing as defined in Chapter 16 of this Code: (1) A single-family dwelling, including enclosed areas and unenclosed areas on its premises; (2) A detached two-family dwelling, including enclosed areas and unenclosed areas on its premises; (3) A mobile home park unit, including enclosed and unenclosed areas on its premises. "Multi unit residenee" ises eon4aining fouf of mofe units, except that individual un on separate pafeels within a eommon intefest complex are exempt ffo of this ehaptef. "Multi unit common afea" means any indoof or outdoof area of ffittiti unit residen accessible to and.us-able by residents of diff-efent units and/or members of the publie, , but not limited to, halls and paths, lobbies, !a-ttndry rooms, eommon areas, outdoor eating , EX, l Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 4 of 23 DRAFT REDLINE VERSION play areas and swimming peals; except that "multi unit eommon area" does not inelude outdoot!5 "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" for purposes of this chapter. "No smoking sign" means a sign containing the words "No smoking" or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it). "Opening" means and shall include any main entrances, exits, operable windows, and ventilation intake systems. "Outdoor eating area" mea-as an outdoor area, whethef eovered or uneover-ed, under the eon4rol of a tvstaur-ant or-baf of other food and/or-drink ser-ving business or- estabfishfRent, where the eonsumption of food and/or-drink oeoufs. "Person" means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any area under the legal or actual control of an employer that an employee or the general public may have cause to enter in the normal course of operation, regardless of the hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges and restrooms, conference and banquet rooms, employee cafeterias, warehouses, long- term care facilities, and lobbies and hallways. A private residence is not a place of employment unless it is used as a child care or residential health care facility. "Premises" means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage; including legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control. "Public event" means an event open to the public, including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants, parades, fairs and farmers' markets. "Public park" means any parkland open to the public that is owned by the town and is designated "parks and recreation" on the zoning map of the town. "Public place"means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement including but not limited to: bars restaurants, clubs stores, stadiums, parks, playgrounds taxis, buses bus shelters public transportation facilities F_x-. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 5 of 23 DRAFT REDLINE VERSION hotels and motels bed and breakfast facilities fairs farmers' markets theaters sidewalks and streets. "Public place" does not mean within private vehicles in or on public places. permitted, ineluding, but not limited to, banks, educational facilities, health facilities, shopping malls, laundromats, publio tfanspoftation facilities, feeeption areas, r-estatifants, bafs, retail food produetion and tnafkefing establishments, retail ser-vice establishments, retail stores, hotels and motels and the individual roonis therein, theaters and waiting fooms. A pfivate r-esidenee is not 11pubeplae-e" "Reasonable distance" means a distance of at least twenty five fee twenty-five (25) feet in any direction from an area in which smoking is prohibited. "Recreational area" means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to parks open spaces picnic areas playgrounds sports fields tennis courts, walking paths gardens hiking trails, bike paths, riding trails, swimming pools marinas, and amusement parks. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, tobacco paraphernalia, or smoking products, and in which the sale of other products is merely incidental. "Self--service merchandising" means open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. This includes point-of-sale tobacco promotional products (such as tobacco industry tee shirts, caps, key chains, give-aways), to which the public has access without the assistance of an employee. A vending machine is a form of self-service displays. "Separate ventilation system" means a system that is exhausted to the outside and negative! o4 "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money. The term "service area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, transit shelters, ferry terminals, mobile vendor lines, or taxi cab stands. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 6 of 23 DRAFT REDLINE VERSION "Smoking" means engaging in an act that produces gas, particles, vapor or smoke by means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. "Smoking" does not include acts where (a) the combustion or vaporization material contains no tobacco or nicotine and (b) the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar or lighted cigarette, lighted hookah, electronic smoking device or other device of any kind containing tobacco, tobacco product,tobacco-like product, marijuana, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device, product or material is allowed by law. "Sports afena" means enelosed or unenelesed spoAs pa-vilion- "Ims, health spas-, 9 pools, r-oller and iee rinks, bowling alleys and other simila-r-p4aees lvhere r.A. ...be.s the genefal publie assemble either to engage in physical exefeise, partieipate in ath! competition, or witness sports events. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco, marijuana, or other similar products. "Tobacco product" means: l) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved inhaled snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and 2) any electronic smoking device. 3)Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. > but nat limited to, eigarettes, eiga- eatsan), othef r atio of tobaeeo; n sold,is manufaettifed, > or otherwise distributed with the expeetation that the produet of mattef will be introdueed into the human body by inhalation; but does not inelude any ��o f Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 7 of 23 DRAFT REDLINE VERSION "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or smoking products within the corporate limits of the Town of Tiburon. "Tobacco retailing" shall mean the doing of any of the above. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco vending machine" means any machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. "Town" means the Town of Tiburon. "Town manager" means the Town Manager of the Town of Tiburon, or his or her designee. "Town open space" means any open space land or easement owned by the town and designated as "open space" on the zoning map of the town. "Unenclosed area" means anv area that is not an `enclosed area', as that term is defined in this section. "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, an apartment; an attached two-family dwelling; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single-room occupancy (SRO) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family dwelling; and an accessory dwelling unit or guest house appurtenant to a single-family dwelling. "Unit" n t" means: persons,(a) A dwelling spaee eansisting of essentially complete independent living f4eilities for one of more ineluding, for example, permanent provisions for living and sleeping, private outdoor spaeos like b l..on es and patios; anrl (b) Senior citizen housing and single room oeeupancy hotels, as defined in California Health an Safety Code seetion 50519(b)(1) of sueeessor seetions thereto, even Where laeking pr- cooking facilities or private plumbing f4eilities. "Unit" does not inelude lodging in a hotel e nietel that meets the requirements set foi4h in California Civil Code section 1940(b)(24-. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 8 of 23 DRAFT REDLINE VERSION 28-3 Smoking and Tobacco Product Use Prohibited in Town-owned Facilities and Town Vehicles. Smoking and use of tobacco products is prohibited in all Town-owned, Town-leased, and Town- operated vehicles, including jitneys and buses and other means of public transit under the authority of the Town, and in all enclosed residential and non-residential facilities, buildings, or structures owned, leased, occupied and/or controlled by the Town. 29 3 Smoking prohibited in town owned ed •elides and faeili buildings,Smoking is prohibited in all town owned vehieles, ineluding jitneys and btises and other meatis of publie transit under the authofity of the town, and in all enelosed fesidential and non r-esidefAial facilities, or stfuetures owned, leased, oeettpied and/of eontfolled by the 28-4 Prohibition of Smoking and Tobacco Product Use in Enclosed Areas. (a) Smoking and the use of tobacco products are prohibited in the enclosed areas of the following places within the Town: (1) Public places; and (2) Multi-unit residences and common areas and (3) Dining areas; and (4) Service areas. (b) Smoking and the use of tobacco products are prohibited in all other enclosed areas except as provided below: (1) Inside private vehicles when no minors are present; (2) Inside private single-family dwellings, except when used as a child care facility or a health care facility; (3) Inside detached accessory structures appurtenant to private single- family dwellings including accessory dwelling units- (4) Inside private detached two-family dwellings and accessory structures appurtenant thereto; (5) Inside retail tobacco stores, only if. (A) The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, and does not allow such products to be consumed on the premises; and (B) The retail tobacco store prohibits minors from entering the store at all times. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 9 of 23 DRAFT REDLINE VERSION (6) Inside an enclosed glace of employment that employs only the owner and no other employees or any other independent contractors routinely spending time performing work in the enclosed areas, provided that: (A) The place of employment is not a public place, and (B) The enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place. 28 4 Smoking pfohibited in „b,lie ,.arks and tl..,,,, open spaees. (a) Smoking is prohibited in all p4lie parks, w-hethef in an efielosed area ot!an ttnenclosed af (b) Smoking is pt!ohibited in all town opeti spaees, whether- in an enclosed afea or an ttnenelosed- afea.. Section 28-5. Prohibition of Smoking and Tobacco Use in Unenclosed Areas; Exception for Designated Smoking Areas. (a) Smoking and the use of tobacco products are prohibited in the unenclosed areas of the following places within the Town: (1) Recreational areas; (2) Service areas; (3) Public places including streets and sidewalks open to the public- (4) Dining areas, (5) Bars; (6) Common areas of multi-unit residences• (b) Notwithstanding subsection (a) above multi-unit residences, places of employment town-owned or controlled public places, and public events may designate an unenclosed area where smoking or use of tobacco products is permitted if the area meets all of the following criteria: (1) The area is located a reasonable distance of at least twenty-five (25) feet from any unit or enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on nearby premises are established; (2) The area does not include, and is at least one hundred (100) feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including for example playgrounds swimming pools and school campuses; K, l Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 10 of 23 DRAFT REDLINE VERSION (3) The area includes no more than twenty-five percent (25%) of the total unenclosed area of a multi-unit residence if located within the premises of a multi-unit residence; (4) The area has a clearly marked perimeter; (5) The area is identified by conspicuous suns, (6) The area is completely within an unenclosed area; and (7) The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law. (c) Nothing in this section prohibits any person or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area. (a) Smoking is prohibited in all otAdoor eating areas, as defined herein. (b)Notwithstanding any other provisions of this section, any > > manager or ot per-son who controls any establishmen4, > struettire, building, struettire, or f4eility as a noti smoking establishment, builditig, Ps trd eture. (e) Smoking is prohibited in all pttblie 9 and at evetAs or funetions for which a specialevef4 permit has been issued by the town. (d) Smokitig is prohibited in all enelosed public places within the town, 7 btit nolimited f the following plaees: (1) Eley torn• Buses, tw6eabs, and other means of publie transit ttnder the attthefity of the town and tieket-, boarding, and waiting areas of publie transit depotsL (3) Restroomr• (4)Ser; iee-areas; (5) Retail stores; (6) All areas m,ailable to and eustotnarily used by the general publie in all business and tionprofit entities patronized by the publie, o bttt not limited > > doetefsi i , and other ), banks, laundromats, malls, hotels and motels and individual r-ootns there*... Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 11 of 23 DRAFT REDLINE VERSION � � (8) Bars; aquariums,(9) Publie afeas of gallefies, - (10) Any facility that is pfitnafily used for-exhibiting motion > stage productiops-, lectures, musioal ree•r 1 of orhof similaf turf,-.,.,,,nees• (1 1) C, oAs afenas and convention hallsundef the eontfol of any • (12) Evefy foom, ehambef, place of meeting or public assembly, ineluding sehool buildings > eouneil, commission, eommittee, ineluding joitit eommittees, f the town of any political subdivision of the state dwi, —1i time as a pi meeting is in > bj , (13) Waiting > hallways, wafds and fooms of health care f4eilities, ineluding, but no limited > hospitals, elinies, > mental health, Lobbies, and- > nufsing homes, chill ear-e F e lities; (1 5) Multi unit common Lobbies, it , (17) Polling plaees (b)Notwithstanding any other pfovisions of this section, > opefator, pefsen who eontrols any establishment or f4eility may deelafe that entife establishment of f4eility as a nonsmoking establishment. 28-6 - Smoking regulated in places of employment. (a) Each employer having an enclosed place of employment located within the Town shall adopt, implement, make known and maintain a written smoking policy that shall contain the following requirements: Smoking is prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, nonpersonal vehicles and all other enclosed facilities. Tom')C, Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 12 of 23 DRAFT REDLINE VERSION (b) The smoking policy shall be communicated to all employees within thirty days of its adoption, and at least annually thereafter. (c) All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (d) "No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms. (e) All employers shall supply a written copy of the smoking policy to any existing or prospective employee. (f) Places of employment exempt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section. 28-7 Smoking Restrictions for New and Existing Units of Multi-unit-Residences; Responsibilities of Homeowner Association in Common Interest Comnlexes. (a)With respect to all existing units of multi-unit residences in which smoking was not prohibited by this chapter prior to Iinsert effective date of this Ordinancel, said units shall become subiect to the provisions of this chapter sixty (60) days following {insert effective date of this Ordinance}. (b)Notwithstanding subsection(al above to the contrary, each and every unit of a multi-unit residence, the occupancy of which becomes available for the first time on or after {insert effective date of this Ordinance}, shall be subject to and controlled by this chapter. (c) The homeowners association, or its duly-appointed management agent, for each common interest complex subject to this chapter shall, within sixty (60) days of f insert effective date of this Ordinance}: (1) Establish a written smoke-free policy that meets or exceeds the applicable provisions of this chapter with respect to the indoor or outdoor areas of the entire premises; (2)Notify all owners and residents within the common interest complex of the new smoke-free policy, including a provision that explains that violations will be treated in the same way as noise pollution or other rules; (3) Post signs at the parking lot entrances that notify owners, residents, their visitors and contractors about the new smoke-free policy; and (4) Establish a process for addressing complaints, similar to that used for violations of other homeowner association policies. 28 7 Smoking prohibited rohibe 1 lilt, unit / and in multi unit residences. esi a ce (a) Smoking is prohibited in all multi unit eommon areas except that a landlefd may designate a portion of the outdoor afea of the. t smoking area as provided in pafagfaph (b) below-. -F�X6 Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 13 of 23 DRAFT REDLINE VERSION !hl A designated r oki-,.t (1) Must be loeated at least twenty five (25) feet 4ofn any indoor area whefe smok.'... is (2) Must not inelude, and must be at least twenty five feet ffom, outdo iarily used by ; (3) Must be no niefe than twenty five per-eent of the total outdoor-at!ea of the pr-efnises for W-hie :t is de atod• (4) N4ttst have a eleafly marked perimeter-; (5) N4ttst be identified by eonspieuous signs; and (6) Mttst not oveFlap with any area in w-hieh smoking is other-wise pt!ohibited by this ehapter of .other provisionsof this Code, state law, or ff rl l l )Nonsmoking nits required : „lt; unit r sidenees (1)New multi unit fesidenees. In evefy multi unit residence that Feeeives a eet4ifieat eeeupaney after August > > units,spaees associated with sueh shall be nonsmoking stieh as baleonies, patios and deeks), its by 1. (A) Required lease terms. Every lease or- other agFeement fof the oeeepaney of a unit in a ne „lt: „:t residence shall elude: t'\ A 1.,, stating that smoking , prohibited i the (ii) A elause stating that it is a fnateFial breaeh of the lease or-agfeement to violate any 1 tvgulafing smoking while on the > smoke in any tinit, or- smoke on any tiittiti unit, h' h smoking is prohibited; .,,,r1 (iii) A elause stating that all lawful oeetipants of the multi unit r-esideffee afe express third paAy ho„ fief ries of the above r rorl ela„sos (B) The Galifomia A-paftmeftt Association's Form > fevised januafy > units, meets . . its for- lease terms as oatlined and is an option for use to eomply with this subsection, (2) Existing multi unit r-esidences. in evefy multi unit r-esidenee already existing on August 19, 2011, one htindred per-eent of the units (ineittding pfivate otftdoor- spaees associated with sue 2014. A sueh as baleonies, patios and deeks), shall by law be nonsmoking units by july > landlord may'fnake=uir csnonsmoking pnoftoi„1., tin. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 14 of 23 DRAFT REDLINE VERSION (A) haiidlofds shall, by Oetobef 18, 2011, notify eaeh exisfiiig and new tenant as of Atigtist , 2011, of the lease teffns r re,l by this ehante lease,(B) Requifed lease tefnis. Every new lease fenewal, lease extension, the oeoupatte), of a unit in a multi unit r-esidenee made on of aftef Augttst > > shall ifielude- (') A 1ause stating that ..king ; foh;h;+erl in the unit; (ii) A elause stating that it is a fnaterial keach of the lease of!agreement to violate any lwA fegulating sfnoking while on the > smoke in any unit, of smoke efi afiy multi unit, h' h smokingfoh;h;tea• an.l A el lause stating that all lawful oectipants of the mtdfi unit residenee are expfess thifd pafty benefieiafies of the above required elanoeo (iv) Prior-to july > > this sttbseetion 29 7(e)(2)(B) shall not apply to fenewal of a lease ofother agfeenient fof oeettpaney with a per-son lawfully ooeupying the tinit on August 19, • On july and > > this exeeption shall expifeleases, lease renewals, lease extensions, other agreemef+ f or-soeeupatieyshall e ply with this s4seetior_i_74 7(..)(7)(R) ((-') Th Califomia Apartment A at n'o Form 2/1 IL fevised T...., afy 7007oto. +l o fof lease teftns as ottdined and is an option for use to eomply with this subseetion. (D) Gfaee Pefiod f6f Electronie Smoking Devices. This subseetion 28 7(e)(2) shall not apply to the use of cart-icctr-onie smoking aeviee until Oetovef 17zvi-� (d) The lease of agfeement tefms required by subseetion (e)(1) of (e)(2) of this seetion are hefeby ineor-pefated by forve of law into an), lease of other agfeemetA f0f the oeettpaney of a unit in > > that does not eotnply fully „hoeetio (e)(1) or (e)(7) of this seet .ten VVL1V11. (e) A tenant h h hes the smoking regulations of a lease.ter ktio .ingl . allows a othepefson r to don shall he liable to.: (1) The landlord, an l (2) To an), lawful oeeupant of the mttifi unit residenee who is exposed to seeondhand smoke as fesult of that breaeh. A landlofd shall not be liable to any pefsett faf a tenant's bfeaeh of smoking fegulations if the landlofd has full), eamplied with the r-equifemefits of this ehaptef. (f) Failure to enforee any smoking fegulation Of a lease or agfeement on one or tno shall not eonstitute a waiver- of the lease of agfeement pro fed by this seetion a-n shall not pfevetA future enfefeement of any sueh smoking regulation on another-o0easioll. Fxa f Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 15 of 23 DRAFT REDLINE VERSION (g) Diselosure of dedieated smoking afea. Evefy landlord shall mait-4ain a diagram that illtfstfat the preeise leeation and eonfiguration of an), designated smokifig atva. This diagram shall aeeoffipa-ny evet!y new lease, lease renewal, lease extension, or other agreement fo oecupan y of. n t , a multi unit residenee after n, st 10 2011. (h) -PFo ibitions and 1 duties g r 11 (1)No person shall smoke or knowing!),permit smokitig in an area of the pr-ofnises under-his of hef legal oi!de faeto eontrol in w-hieh sfneking is pfohibited by a lease or agreement term, by this chaptef> this Code, > > howevef, trays,that this Pfohibition d not apply to a person who is akeady ownpelled to aet under state or federal law. (2)No pefsoii shall knowingly permit the presenee or plaeemen4 of ash eatis, or-othe feeeptaeles within mtthi unit common areas undef his of her-legal or de faeto eontr-ol in whie smoking is prohibited by this fo > this Code, > ineludifig, example afid without limitation, within at least twenty five feet of any nonsmoking • nNo smoking" signs, with letters of fio less than one ineh in height or the international n smoking" No areas,eitvle efossed by a red bar) shall be elearly and eonspieuottsly posted in the mttlti tinit common at eVery entrance and exit, signs shall be tnaintained by the landlord. Signs mttst be posted in suffieienl numbers an loeations iti the mtdti unit eommon afeas and at entranees and exits to make areas whefe smoking is prohibited obvious to a reasonable pef son. The absenee of signs shall not be a defense to a violation ofan),provision of this seetion. (4) This ehapter shall not oreate additional liability faf a latidlor-d faf a i s violatieti of this ehaptef pfevided that the landlord has fully eomplied with the requifed > sign posting, (5) The provisions of this chapter- afe Festrietive only and establish no new fights for- a smoker. An (6)Notwithstanding of this ehapter, or- other provisions f or- uret person'srestrict smoking under-this ehapter-, ineittding any explieit of ifflpfieit pfevisieft that allows smoking, nothing in this ehapter- shall operate to limit a smoking,with regard to itieluding, > > trespass, property damage, n,1 p „1 28-8 Required and Implied Lease Terms for Units in Multi-unit Residences, Signage, Etc. a) Required lease terms. Every lease or other agreement for the occupancy of a unit in a new or existing multi-unit residence shall, consistent with provisions of Section 28-7, include all of the following: Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 16 of 23 DRAFT REDLINE VERSION (A) A clause stating that smoking is prohibited in the unit; (B) A clause stating that it is a material breach of the lease or agreement to 1) violate any law regulating smoking while on the premises; 2) smoke in any unit. 3) smoke in a common area of the premises except in an unenclosed designated smoking area, provided that one lawfully exists pursuant to Section 28-5(b); (C) A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above-required clauses. (b) Whether or not a landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection a) above applies. (c) A tenant who breaches a smoking or tobacco product use provision of a lease or other agreement or knowingly allows another person to do so shall be liable to: 1( ) The landlord; and (2) To any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach A landlord shall not be liable to any person for a tenant's breach of smoking or tobacco product use provisions if the landlord has fully complied with the requirements of this chapter. (d) Failure to enforce any smoking or tobacco product use provision of a lease or other agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion. (e) Disclosure of designated smoking area. Every landlord shall maintain a diagram that illustrates the precise location and configuration of any designated smoking area. This diagram shall accompany every new lease, lease renewal, lease extension, or other agreement for the occupancy of a unit in a multi-unit residence. (f) "No smoking" signs, with letters of no less than one inch in height or the international"No smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted in the common areas of multi-unit residences, at every entrance and exit, and on every floor near an elevator or common stairwell. Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter. (g) This section shall not create additional liability for a landlord for a person's violation of this chapter provided that the landlord has fully complied with the required disclosure sign posting and other provisions of this section and section Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 17 of 23 DRAFT REDLINE VERSION (h) Failure to enforce any smoking provision required by this section shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. 28 8 Smoking not prohibited; owner option to prohibit (a) Exeept as othefwise prohibited by applicable eounty, state or fedefal law, the following areas shall not be subject to the smoking restrietions of this ehaptAr. (1) Ptivate residenees, exeept when used as a ehild eafe or residenlial health care facility, o except ., of foAh, et; r, 28 7• (2) Private , ehieles not loeated ; a multi unit common area (3) Retail tobacco stores only if-- (A) The fetail tobacco store does not sell edible > ineluding, for exatnple, food, water, drinks, and and does fiot allow sueh produets to be consumed on the promises; (B) The retail tobaeeo store prohibits miners from entering the store at all times. !4l Unenelosed areas „here smoking ; of otherwise prohibited by 1.,,,.• (5) An enelosed place of employfnefit that employs an!),the ow-nef and no other employee o employees, provided that, (A) The plaeo vrei-Ti'pley'-tnent isnot a public plaee an owner,(B) The enelosed area eontaining the place of employment does not shafe a ventilation syste with any other-enclosed plaee of employnient of publie pla (b)Nothing in this seetion shall be constr-tied to prevent an operator, person who eontrols any > , establishment or facility as non smoking. 28-9 Other Requirements and Prohibitions. (a) No person or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law. (b) No person or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance as defined in this chapter from any area in which smoking or the use Ex, Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 18 of 23 DRAFT REDLINE VERSION of tobacco products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this chapter shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter. (c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within a reasonable distance as defined in this chapter. (d) Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. For violations other than for smoking or the use of tobacco products in violation of this chapter, each day of a continuing violation of this chapter shall constitute a separate violation. 28 o Duty of person, enipleyef, 1,„n; profit A„t;t�, > business, or nonprofit entity shall knowingly peffflit the smoking 0 business, or nonpi!efit entity and in whieh smoking is prohibited by !a-A,and the pefsop,, emplayer, business or nonpfofit entity is not othefwise eempelled to act under state or federal > business, or nonprofit entity shall knowingly oF intentionally permit t presenee of placement of ash feeeptacles, sueh > for example, ashtrays or ash eans, within a area that is undet!the legal or actual of the per-son, > business, or nonprofit entity and in. whieh smoking is prohibited. 28-10 - Posting of signs. (a) The person, employer, business or non-profit entity with legal or actual control of a building or area where smoking is prohibited by this chapter shall clearly and conspicuously post "No Smoking” signs at the entrances of every building, as well as in other areas under their control where smoking is prohibited under this chapter. However, where an entire building or premises is nonsmoking, only entrances need be signed, provided that they are signed to that effect. (b) Every tobacco retailer, retail tobacco store, and every vendor of tobacco products shall visibly post signage pursuant to California Business and Professions Code Section 22952, or successor sections thereto, which signage shall expressly reference California Penal Code Section 308, or successor sections thereto, at the entrances of any premises subject to regulation under section 28-11 of this chapter and applicable county, state and/or federal law. (c) The absence of signs shall not be a defense to a violation of any provision of this chapter. 28-11 - Sale of tobacco products regulated. F � I Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 19 of 23 DRAFT REDLINE VERSION (a) Any person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall post plainly visible signs at each point of purchase of tobacco products that state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 EIGHTEEN YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on said signs shall be at least one-half inch tall. These signs shall be updated as necessary to conform to any subsequent state or federal requirements or amendments to Business and Professions Code section 22952 and/or Penal Code section 308(a) or successor sections thereto. (b)No person, business, tobacco retailer, or other establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some clear and convincing basis for knowing the buyer's age. (c) Sale of tobacco products at pharmacies is prohibited. All other vendor-assisted sales of tobacco products in the Town shall require prior issuance of a conditional use permit pursuant to Title IV, Chapter 16 (Zoning) of this Code. It shall be unlawful for any person, business tobacco retailer, or retail tobacco store to sell, permit to be sold, or offer for sale any tobacco product by means of self-service merchandising, or by any means other than vendor-assisted sales. (e) it shall be unlawful for an),person, business, tobacco retailer-, or retail tobaeeo store to sell, permit to be sold, or off-er for-sale any tobaeeo produet by means of self servioe merehandising, or-by any means othef than vendo-r assisted sales-. (d)No person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (e) Any person, business, tobacco retailer, retail tobacco store, owner, manager, or operator of any establishment subject to this chapter that violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine as set forth in Penal Code section 308(a) or successor sections thereto. 28-12 - Enforcement. (a)The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Each incident of smoking or use of tobacco products or other conduct in violation of this chapter shall be subject to enforcement pursuant to Chapter 31 of this Code. "X, i Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 20 of 23 DRAFT REDLINE VERSION c) The health department officer shall require, while an establishment is undergoing otherwise mandatory inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. d) Violations of this chapter are subject to a civil action brought by the Town, punishable by civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1 000.00) per violation. (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. f) Any violation of this chapter is hereby declared to be a nuisance. (g) In addition to other remedies provided by this chapter, this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the town attorney including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) Any person acting for the interests of itself, its members, or the general public (hereinafter "private enforcer") may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this chapter against any person who has violated this chapter two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including awarding damages and/or issuing an injunction or a conditional judgment. i) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the Town. Nothing in this chapter shall create a right of action in any person against the Town or its agents to compel public enforcement of this chapter against private parties. it The purposes of this chapter are to restrict and/or prohibit smoking and use of tobacco products for the benefit of the public health, safety and welfare. This chapter establishes no new rights for a person who engages in smoking or the use of tobacco products. Notwithstanding (1) any provision of this chapter or other provisions of this code; (2) any failure by any person to restrict smoking or use of tobacco products under this chapter; or (3) any explicit or implicit provision of this chapter that allows smoking or use of tobacco products in any place; nothing in this chapter shall be interpreted to limit any person's legal rights to seek redress or recovery of damages under other laws as a result of smoking or use of tobacco products, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. (a) The remedies provided by this ehaptef a-re ettmulative and in addition to an), other remedies available at law or in ity. (b)Notiee of these fegttia4ions shall be given to all applieants for-a btisiness lieense of fenewal thereof-. However, laek of sueh notiee shall be no defense to a violation of this ehapt-, fix; ( Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 21 of 23 DRAFT REDLINE VERSION (e) Enfer-eemeR4 of this ehapter- shall be the r-esponsibility of the town fnanagef, who shall have the powers enttmerated in this ehapter and in ehapter- 31 of the Tiburon Mtlnieipal Code as well as the power-to issue eitations for violation of the ehapter- in aeoefdanee with seetion 853.6 of the Galifot!nia Penal Code, ^ sweessor eetions thereto. (d) The health department shall feqttife, while an establishment is tindergoing othefwis-e mandated inspeetions, eer-tifieation froni the ow-nef, manager, operator-or- othef person having eontfol of stteh establishtnent that all feqttifefnents of this ehapter-have been eefnplied with. complianee with sign posting reqttirements. Restaurants shall be notified in writing of any vielations on the standafd health inspection report. FuAher-, such violations shall be reported i writing by the health depaftfnent, on a quarterly basis, to the adniinistrative authority in the jttrisdietion.,aero sueh violations (f)Notwithstanding an.,I othef provision of this chapter, a private eitizen ffla�,bring legal aetion to enforce this chart^r. 28-13 - Violations and penalties. al It is unlawful for any person or non-profit entity who owns, manages, operates or otherwise controls the use of any premises or areas subject to regulation under sections 28-3, 28-6, 28-7, 28-8, 28-9,28-10, 28-11, or 28-14 of this chapter to fail to comply with any of its provisions. b) It is unlawful for any person to smoke or use tobacco products in any area where smoking or use of tobacco products is prohibited under provisions of this chapter. c) Any person, non-profit entity, business, retail tobacco store, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter, other than section 28-11, shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. d) Violations of section 28-11 shall be a misdemeanor. (a) it is tinlawffil fet!any peFson who ovins, manages, operates or other-wise eofltr-ols the use of ses or-afeas subjeet to regulation ttndef seetions 28 3, 28 4, 28 5, 28 6, 28 7, 28 9, 28 10, r 28 11 of this ehapter to fail to ^ ply with a of its(e) Any person, r business,(b) it is tifilawful f6f any person to smoke in an), afea whefe smoking is prohibited t1fidef > manager-or opet!ator of an), establishment subjeet to this ehaptef who violates any pr-ovision of this chapter-, other-than E— Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 22 of 23 DRAFT REDLINE VERSION seetion 28 11, shall be deemed guilty of an infr-aefion and upon eonvietion shall be subjeet to payment of a fine not to exceed one hundred dollafs or the limits set for-th in GovernfflefA Code sseetion 36900, as may be amended from-time—t e, <,.L.iehe<,ef is 1.we. (d) Violations of seetion 28 11 shall be a fnisdemeanof!. 28-14 -Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter. 28-15 - Public education. The town manager or his/her designee will engage in a continuing educational program to explain and clarify the purposes and requirements of this chapter, as well as a guide to owners, operators and managers with compliance. However, lack of such education shall be no defense to a violation of this chapter. 28-16 - Governmental cooperation. The town manager or his/her designee may annually request other governmental and educational agencies having facilities within the town to establish local operating procedures in cooperation and compliance with this chapter. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with current health findings regarding environmental tobacco smoke. 28-17 - Other applicable laws. It is the intent of the town to supplement applicable state and federal law and not to duplicate or contradict such law, and this chapter shall be construed in a manner consistent with that intention. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. Y_ I Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 23 of 23 CLEAN VERSION (WITH PROPOSED AMENDMENTS) Chapter 28 - SMOKING AND TOBACCO REGULATIONS Sections: 28-1 - Findings and purpose. (a) The town council finds that: (1)Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; (2) Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the U.S. Environmental Protection Agency, have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; (3) Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease; (4) Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers; (5)Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; (6) Persons, particularly employees, have a right to a smoke-free environment if they desire; (7) Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses; (8) Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature,preventable death and disability in the U.S.; Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 1 of 16 %T"I CLEAN VERSION (WITH PROPOSED AMENDMENTS) (9) The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent; (10) The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.; (11) The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin; (12) 87.9 percent of nonsmokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; (13) There is no Constitutional right to smoke; (14) Secondhand smoke can seep under doorways and through wall cracks and through ventilation systems; (15) State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; (16) A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within the common areas of multi-unit residences is not prohibited by state law; (17) California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. (b) Accordingly, the town council finds and declares that the purposes of this chapter are: (1) To protect public health, safety and general welfare by prohibiting tobacco smoking in certain public places and in places of employment; and (2) To guarantee the right of nonsmokers to breathe air free of toxins from combustion of tobacco, tobacco product, tobacco-like product, spices or any other plant or herbal materials to the extent that local regulation of sources of combustion of those materials is allowed by law and to recognize that the need to breathe air free of the toxins produced by smoking has priority over the desire to smoke. (c) The town council further finds it is within its basic police power to implement and enforce the provisions of this chapter. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 2 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) 28-2 - Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. "Business" means any sole proprietorship,joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. "Child care facility" means any family day care regulated by Sections 1597.30 through 1597.621 of the California Health and Safety Code (or successor sections thereto) and any day care center for children regulated by Section 1596.90 et seq. of the California Health and Safety Code (or any successor section thereto). It does not include foster homes or residential care facilities. "Common area" means every enclosed area and unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. "Common interest complex" means a multi-unit residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100, or successor sections thereto. "Dining area"means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, established, or regularly used for consuming food or drink. "Electronic smoking device" means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, and electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 3 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or (2) Four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceeds six feet in height, whether or not those constraints include vents or other openings. "Health department" means the County of Marin Health Department. "Landlord" means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that "landlord" does not include sublessors. "Minor" means any individual who is less than eighteen years old. "Multi-unit residence"means, for purposes of this chapter, a premises containing two or more units, including, but not limited to, a common interest complex, except the following specifically excluded types of housing as defined in Chapter 16 of this Code: (1) A single-family dwelling, including enclosed areas and unenclosed areas on its premises; (2) A detached two-family dwelling, including enclosed areas and unenclosed areas on its premises; (3) A mobile home park unit, including enclosed and unenclosed areas on its premises. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity" for purposes of this chapter. "No smoking sign" means a sign containing the words "No smoking" or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it). "Opening" means and shall include any main entrances, exits, operable windows, and ventilation intake systems. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 4 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) "Person" means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any area under the legal or actual control of an employer that an employee or the general public may have cause to enter in the normal course of operation, regardless of the hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, employee lounges and restrooms, conference and banquet rooms, employee cafeterias, warehouses, long- term care facilities, and lobbies and hallways. A private residence is not a place of employment unless it is used as a child care or residential health care facility. "Premises" means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage; including legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control. "Public event" means an event open to the public, including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants, parades, fairs and farmers' markets. "Public park" means any parkland open to the public that is owned by the town and is designated "parks and recreation" on the zoning map of the town. "Public place" means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement, including, but not limited to: bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis, buses, bus shelters, public transportation facilities, hotels and motels, bed and breakfast facilities, fairs, farmers' markets, theaters, sidewalks and streets. "Public place" does not mean within private vehicles in or on public places. "Reasonable distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited. "Recreational area" means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks, open spaces, picnic areas, playgrounds, sports fields, tennis courts, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, marinas, and amusement parks. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, tobacco paraphernalia, or smoking products, and in which the sale of other products is merely incidental. FX v, Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 5 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) "Self-service merchandising" means open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. This includes point-of-sale tobacco promotional products (such as tobacco industry tee shirts, caps, key chains, give-aways), to which the public has access without the assistance of an employee. A vending machine is a form of self-service displays. "Service area" means any publicly or privately owned area, including streets and sidewalks,that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money. The term "service area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, transit shelters, ferry terminals, mobile vendor lines, or taxi cab stands. "Smoking" means engaging in an act that produces gas, particles, vapor or smoke by means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. "Smoking" does not include acts where (a)the combustion or vaporization material contains no tobacco or nicotine and (b)the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar or lighted cigarette, lighted hookah, electronic smoking device or other device of any kind containing tobacco, tobacco product, tobacco-like product, marijuana, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device,product or material is allowed by law. "Tobacco paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco, marijuana, or other similar products. "Tobacco product" means: (1) any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, and (2) any electronic smoking device. (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. x, Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 6 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) "Tobacco retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or smoking products within the corporate limits of the Town of Tiburon. "Tobacco retailing" shall mean the doing of any of the above. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco vending machine" means any machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms. "Town" means the Town of Tiburon. "Town manager" means the Town Manager of the Town of Tiburon, or his or her designee. "Town open space" means any open space land or easement owned by the town and designated as "open space" on the zoning map of the town. "Unenclosed area"means any area that is not an `enclosed area', as that term is defined in this section. "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, an apartment; an attached two-family dwelling; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single-room occupancy (SRO) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family dwelling; and an accessory dwelling unit or guest house appurtenant to a single-family dwelling. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. 28-3 Smoking and Tobacco Product Use Prohibited in Town-owned Facilities and Town Vehicles. Smoking and use of tobacco products is prohibited in all Town-owned, Town-leased, and Town- operated vehicles, including jitneys and buses and other means of public transit under the authority of the Town, and in all enclosed residential and non-residential facilities, buildings, or structures owned, leased, occupied and/or controlled by the Town. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 7 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) 28-4 Prohibition of Smoking and Tobacco Product Use in Enclosed Areas. (a) Smoking and the use of tobacco products are prohibited in the enclosed areas of the following places within the Town: (1) Public places; and (2) Multi-unit residences and common areas; and (3) Dining areas; and (4) Service areas. (b) Smoking and the use of tobacco products are prohibited in all other enclosed areas except as provided below: (1) Inside private vehicles when no minors are present; (2) Inside private single-family dwellings, except when used as a child care facility or a health care facility; (3) Inside detached accessory structures appurtenant to private single- family dwellings, including accessory dwelling units; (4) Inside private detached two-family dwellings and accessory structures appurtenant thereto; (5) Inside retail tobacco stores, only if. (A) The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, and does not allow such products to be consumed on the premises; and (B) The retail tobacco store prohibits minors from entering the store at all times. (6) Inside an enclosed place of employment that employs only the owner and no other employees or any other independent contractors routinely spending time performing work in the enclosed areas, provided that: (A) The place of employment is not a public place, and (B) The enclosed area containing the place of employment does not share a ventilation system with any other enclosed place of employment or public place. Section 28-5. Prohibition of Smoking and Tobacco Use in Unenclosed Areas; Exception for Designated Smoking Areas. (a) Smoking and the use of tobacco products are prohibited in the unenclosed areas of the following places within the Town: (1) Recreational areas; Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 8 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) (2) Service areas; (3) Public places, including streets and sidewalks open to the public; (4) Dining areas; (5) Bars; (6) Common areas of multi-unit residences; (b) Notwithstanding subsection (a) above, multi-unit residences, places of employment, town-owned or controlled public places, and public events may designate an unenclosed area where smoking or use of tobacco products is permitted if the area meets all of the following criteria: (1) The area is located a reasonable distance of at least twenty-five (25) feet from any unit or enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on nearby premises are established; (2) The area does not include, and is at least one hundred (100) feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, swimming pools, and school campuses; (3) The area includes no more than twenty-five percent (25%) of the total unenclosed area of a multi-unit residence if located within the premises of a multi-unit residence; (4) The area has a clearly marked perimeter; (5) The area is identified by conspicuous signs; (6) The area is completely within an unenclosed area; and (7) The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law. (c) Nothing in this section prohibits any person or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area. 28-6 - Smoking regulated in places of employment. (a) Each employer having an enclosed place of employment located within the Town shall adopt, implement, make known and maintain a written smoking policy that shall contain the following requirements: Smoking is prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 9 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) employee lounges, stairs, restrooms, nonpersonal vehicles and all other enclosed facilities. (b) The smoking policy shall be communicated to all employees within thirty days of its adoption, and at least annually thereafter. (c) All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (d) "No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms. (e) All employers shall supply a written copy of the smoking policy to any existing or prospective employee. (f) Places of employment exempt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section. 28-7 Smoking Restrictions for New and Existing Units of Multi-unit Residences; Responsibilities of Homeowner Association in Common Interest Complexes. (a)With respect to all existing units of multi-unit residences in which smoking was not prohibited by this chapter prior to {insert effective date of this Ordinance}, said units shall become subject to the provisions of this chapter sixty (60) days following {insert effective date of this Ordinance}. (b)Notwithstanding subsection(a) above to the contrary, each and every unit of a multi-unit residence, the occupancy of which becomes available for the first time on or after {insert effective date of this Ordinance}, shall be subject to and controlled by this chapter. (c) The homeowners association, or its duly-appointed management agent, for each common interest complex subject to this chapter shall, within sixty (60) days of{insert effective date of this Ordinance}: (1) Establish a written smoke-free policy that meets or exceeds the applicable provisions of this chapter with respect to the indoor or outdoor areas of the entire premises; (2)Notify all owners and residents within the common interest complex of the new smoke-free policy, including a provision that explains that violations will be treated in the same way as noise pollution or other rules; (3) Post signs at the parking lot entrances that notify owners, residents, their visitors and contractors about the new smoke-free policy; and (4) Establish a process for addressing complaints, similar to that used for violations of other homeowner association policies. E � Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 10 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) 28-8 Required and Implied Lease Terms for Units in Multi-unit Residences, Signage, Etc. (a) Required lease terms. Every lease or other agreement for the occupancy of a unit in a new or existing multi-unit residence shall, consistent with provisions of Section 28-7, include all of the following: (A) A clause stating that smoking is prohibited in the unit; (B) A clause stating that it is a material breach of the lease or agreement to 1) violate any law regulating smoking while on the premises; 2) smoke in any unit; 3) smoke in a common area of the premises except in an unenclosed designated smoking area, provided that one lawfully exists pursuant to Section 28-5(b); (C) A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above-required clauses. (b) Whether or not a landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (a) above applies. (c) A tenant who breaches a smoking or tobacco product use provision of a lease or other agreement or knowingly allows another person to do so shall be liable to: (1) The landlord; and (2) To any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking or tobacco product use provisions if the landlord has fully complied with the requirements of this chapter. (d) Failure to enforce any smoking or tobacco product use provision of a lease or other agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion. (e) Disclosure of designated smoking area. Every landlord shall maintain a diagram that illustrates the precise location and configuration of any designated smoking area. This diagram shall accompany every new lease, lease renewal, lease extension, or other agreement for the occupancy of a unit in a multi-unit residence. (f) "No smoking" signs, with letters of no less than one inch in height or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted in the common areas of multi-unit residences, at every entrance and exit, and on every floor near an elevator or common Fro )_ Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 11 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) stairwell. Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter. (g) This section shall not create additional liability for a landlord for a person's violation of this chapter provided that the landlord has fully complied with the required disclosure, sign posting, and other provisions of this section and section 28-5(b). (h) Failure to enforce any smoking provision required by this section shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. 28-9 Other Requirements and Prohibitions. (a) No person or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law. (b) No person or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance as defined in this chapter from any area in which smoking or the use of tobacco products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this chapter shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter. (c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within a reasonable distance as defined in this chapter. (d) Each instance of smoking or tobacco product use in violation of this chapter shall constitute a separate violation. For violations other than for smoking or the use of tobacco products in violation of this chapter, each day of a continuing violation of this chapter shall constitute a separate violation. 28-10 - Posting of signs. (a) The person, employer, business or non-profit entity with legal or actual control of a building or area where smoking is prohibited by this chapter shall clearly and conspicuously post "No Smoking" signs at the entrances of every building, as well as in other areas under their control where smoking is prohibited under this chapter. However, where an entire building or premises is non-smoking, only entrances need be signed, provided that they are signed to that effect. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 12 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) (b) Every tobacco retailer, retail tobacco store, and every vendor of tobacco products shall visibly post signage pursuant to California Business and Professions Code Section 22952, or successor sections thereto, which signage shall expressly reference California Penal Code Section 308, or successor sections thereto, at the entrances of any premises subject to regulation under section 28-11 of this chapter and applicable county, state and/or federal law. (c) The absence of signs shall not be a defense to a violation of any provision of this chapter. 28-11 - Sale of tobacco products regulated. (a)Any person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall post plainly visible signs at each point of purchase of tobacco products that state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on said signs shall be at least one-half inch tall. These signs shall be updated as necessary to conform to any subsequent state or federal requirements or amendments to Business and Professions Code section 22952 and/or Penal Code section 308(a) or successor sections thereto. (b)No person, business, tobacco retailer, or other establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some clear and convincing basis for knowing the buyer's age. (c) Sale of tobacco products at pharmacies is prohibited. All other vendor-assisted sales of tobacco products in the Town shall require prior issuance of a conditional use permit pursuant to Title IV, Chapter 16 (Zoning) of this Code. It shall be unlawful for any person, business, tobacco retailer, or retail tobacco store to sell, permit to be sold, or offer for sale any tobacco product by means of self-service merchandising, or by any means other than vendor-assisted sales. (d)No person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall locate, install, keep, maintain or use, or permit the location, installation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (e) Any person, business, tobacco retailer, retail tobacco store, owner, manager, or operator of any establishment subject to this chapter that violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine as set forth in Penal Code section 308(a) or successor sections thereto. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 13 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) 28-12 - Enforcement. (a)The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Each incident of smoking or use of tobacco products or other conduct in violation of this chapter shall be subject to enforcement pursuant to Chapter 31 of this Code. (c) The health department officer shall require, while an establishment is undergoing otherwise mandatory inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. (d) Violations of this chapter are subject to a civil action brought by the Town, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00)per violation. (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Any violation of this chapter is hereby declared to be a nuisance. (g) In addition to other remedies provided by this chapter, this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the town attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) Any person acting for the interests of itself, its members, or the general public (hereinafter "private enforcer") may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this chapter against any person who has violated this chapter two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including awarding damages and/or issuing an injunction or a conditional judgment. (i) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the Town. Nothing in this chapter shall create a right of action in any person against the Town or its agents to compel public enforcement of this chapter against private parties. (j) The purposes of this chapter are to restrict and/or prohibit smoking and use of tobacco products for the benefit of the public health, safety and welfare. This chapter establishes no new rights for a person who engages in smoking or the use of tobacco products. Notwithstanding (1) any provision of this chapter or other provisions of this code; (2) any failure by any person to restrict smoking or use of tobacco products under this chapter; or(3) any explicit or implicit provision of this chapter that allows smoking or use of tobacco products in any place; nothing in this chapter shall be interpreted to limit any person's legal rights to seek redress or recovery of damages under other laws as a result of smoking or use of tobacco products, including, for Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 14 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. 28-13 - Violations and penalties. (a) It is unlawful for any person or non-profit entity who owns, manages, operates or otherwise controls the use of any premises or areas subject to regulation under sections 28-3, 28-4, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28-11, or 28-14 of this chapter to fail to comply with any of its provisions. (b) It is unlawful for any person to smoke or use tobacco products in any area where smoking or use of tobacco products is prohibited under provisions of this chapter. (c) Any person, non-profit entity, business, retail tobacco store, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter, other than section 28-11, shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. (d) Violations of section 28-11 shall be a misdemeanor. 28-14 -Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter. 28-15 - Public education. The town manager or his/her designee will engage in a continuing educational program to explain and clarify the purposes and requirements of this chapter, as well as a guide to owners, operators and managers with compliance. However, lack of such education shall be no defense to a violation of this chapter. 28-16 - Governmental cooperation. The town manager or his/her designee may annually request other governmental and educational agencies having facilities within the town to establish local operating procedures in cooperation and compliance with this chapter. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with current health findings regarding environmental tobacco smoke. Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 15 of 16 CLEAN VERSION (WITH PROPOSED AMENDMENTS) 28-17 - Other applicable laws. It is the intent of the town to supplement applicable state and federal law and not to duplicate or contradict such law, and this chapter shall be construed in a manner consistent with that intention. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. x., Tiburon Municipal Code Chapter 28 Smoking and Tobacco Regulations Page 16 of 16 1 ORDINANCE NO. XXX N. S. 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN 4 OF TIBURON AMENDING PROVISIONS OF TITLE VI, 5 CHAPTER 28 OF THE TIBURON MUNICIPAL CODE 6 (SMOKING AND TOBACCO REGULATIONS) 7 8 The Town Council of the Town of Tiburon does ordain as follows: 9 10 Section 1. Findinl4s. 11 12 A. On July 20, 2011 the Town Council adopted Ordinance No. 531 N. S. making 13 substantial revisions to its smoking and tobacco regulations; said regulations were 14 further amended in October 2014 by adoption of Ordinance No. 553 N. S. 15 addressing electronic smoking devices, and in June 2017 by adoption of Ordinance 16 No. 571 N. S. making various other amendments. 17 18 B. The Town Council now desires to further revise the Town's regulations concerning 19 smoking by expanding the prohibition on smoking and tobacco use in multi-unit 20 residences (including two-family dwellings and condominium/townhouse units), in 21 multi-unit residence common areas, in public places such as streets and sidewalks, 22 and in other shared or public areas, and by making various other amendments. The 23 Town Council also desires to further regulate the sale of tobacco products by 24 requiring a conditional use permit for the sale of such products within the Town. 25 26 C. The Town Council held a public hearing on , 2018 and heard and 27 considered any and all public testimony and correspondence on this matter. 28 29 D. The Town Council finds that all notices and procedures required by law attendant to 30 the adoption of this Ordinance have been followed. 31 32 E. The Town Council finds the amendments made by this Ordinance are necessary for 33 the protection of the public health, safety, and welfare. 34 35 F. The Town Council finds the amendments made by this Ordinance are consistent 36 with the goals and policies of the Tiburon General Plan and other adopted 37 ordinances and regulations of the Town. 38 39 G. The Town Council finds these amendments are covered by the general rule that the 40 California Environmental Quality Act(CEQA) applies only to projects that have the 41 potential for causing a significant effect on the environment pursuant to CEQA 42 Guidelines Section 15061(b)(3), and further finds that if the amendments were not 43 covered by the above section, the amendments would be categorically exempt 44 pursuant to Section 15305 of the CEQA Guidelines. 45 "'IBIT NO Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page I 46 Section 2. Amendments to Title V1, Chapter 28. 47 48 Title VI, Chapter 28 of the Tiburon Municipal Code is hereby amended as follows: 49 50 (A) Sections 28-3, 28-4, 28-5, 28-7, 28-8, 28-9, 28-12, and 28-13 are repealed in 51 their entirety. 52 53 (B) In Section 28-2, the definitions of"Multi-unit common area", "Outdoor 54 eating area", "Separate ventilation system", "Sports arena", and"Tobacco 55 product" are repealed in their entirety. 56 57 (C) In Section 28-2, the definition of"Child care facility" is added to read as 58 follows: 59 60 "Child care facility" means any family day care regulated by Sections 61 1597.30 through 1597.621 of the California Health and Safety Code (or 62 successor sections thereto) and any day care center for children regulated by 63 Section 1596.90 et seq. of the California Health and Safety Code (or any 64 successor section thereto). It does not include foster homes or residential 65 care facilities. 66 67 (D) In Section 28-2, the definition of"Common area" is added to read as 68 follows: 69 70 "Common area" means every enclosed area and unenclosed area of a multi- 71 unit residence that residents of more than one unit of that multi-unit 72 residence are entitled to enter or use, including, for example, halls, paths, 73 lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym 74 facilities, swimming pools, parking garages, parking lots, restrooms, laundry 75 rooms, cooking areas, and eating areas. 76 77 (E) In Section 28-2, the definition of"Dining area" is added to read as follows: 78 79 "Dining area" means any area, including streets and sidewalks, which is 80 available to or customarily used by the general public, and which is 81 designed, established, or regularly used for consuming food or drink. 82 83 (F) In Section 28-2, the definition of"Enclosed area" is amended to read as 84 follows: 85 86 "Enclosed area" means an area in which outside air cannot circulate freely to 87 all parts of the area, and includes an area that has: 88 (1) Any type of overhead cover, whether or not that cover includes vents or 89 other openings, and at least three walls or other vertical constraint to airflow 90 including, but not limited to, vegetation of any height, whether or not those �> Town of Tiburon Ordinance No. ???N.S. Effective 4--/2018 Page 2 91 boundaries include vents or other openings; or 92 (2) Four walls or other vertical constraints to airflow including, but not 93 limited to, vegetation that exceeds six feet in height, whether or not those 94 constraints include vents or other openings. 95 96 (G) In Section 28-2, the definition of"Multi-unit residence" is amended to read 97 as follows: 98 99 "Multi-unit residence" means, for purposes of this chapter, a premises 100 containing two or more units, including, but not limited to, a common 101 interest complex, except the following specifically excluded types of 102 housing as defined in Chapter 16 of this Code: 103 (1) A single-family dwelling, including enclosed areas and unenclosed areas 104 on its premises; 105 (2) A detached two-family dwelling, including enclosed areas and 106 unenclosed areas on its premises; 107 (3) A mobile home park unit, including enclosed and unenclosed areas on 108 its premises. 109 110 (H) In Section 28-2, the definition of"Public place" is amended to read as 111 follows: 112 113 "Public place" means any place, publicly or privately owned, which is open 114 to the general public regardless of any fee or age requirement, including, but 115 not limited to: bars, restaurants, clubs, stores, stadiums, parks,playgrounds, 116 taxis, buses, bus shelters, public transportation facilities, hotels and motels, 117 bed and breakfast facilities, fairs, farmers' markets, theaters, sidewalks and 118 streets. "Public place" does not mean within private vehicles in or on public 119 places. 120 121 (I) In Section 28-2, the definition of"Reasonable distance" is amended to read 122 as follows: 123 124 "Reasonable distance" means a distance of twenty-five (25) feet in any 125 direction from an area in which smoking is prohibited. 126 127 (J) In Section 28-2, the definition of"Recreational area" is added to read as 128 follows: 129 130 "Recreational area" means any area that is publicly or privately owned and 131 open to the general public for recreational purposes, regardless of any fee or 132 age requirement. The term "recreational area" includes, but is not limited to, 133 parks, open spaces, picnic areas, playgrounds, sports fields, tennis courts, 134 walking paths, gardens, hiking trails, bike paths, riding trails, swimming 135 pools, marinas, and amusement parks. Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page 3 136 (K) In Section 28-2, the definition of"Tobacco product" is added to read as 137 follows: 138 139 "Tobacco product" means: 140 (1) any product containing, made, or derived from tobacco or nicotine that is 141 intended for human consumption, whether smoked, heated, chewed, 142 absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other 143 means, including, but not limited to cigarettes, cigars, little cigars, chewing 144 tobacco, pipe tobacco, snuff; and 145 (2) any electronic smoking device. 146 (3)Notwithstanding any provision of subsections (1) and (2)to the contrary, 147 "tobacco product" includes any component, part, or accessory of a tobacco 148 product, whether or not sold separately. "Tobacco product" does not include 149 any product that has been approved by the United States Food and Drug 150 Administration for sale as a tobacco cessation product or for other 151 therapeutic purposes where such product is marketed and sold solely for 152 such an approved purpose. 153 154 (L) In Section 28-2, the definition of"Unenclosed area" is added to read as 155 follows: 156 157 "Unenclosed area" means any area that is not an `enclosed area', as that term 158 is defined in this section. 159 160 (M) In Section 28-2, the definition of"Unit" is amended to read as follows: 161 162 "Unit" means a personal dwelling space, even where lacking cooking 163 facilities or private plumbing facilities, and includes any associated 164 exclusive-use enclosed area or unenclosed area, such as, for example, a 165 private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, 166 an apartment; an attached two-family dwelling; a condominium; a 167 townhouse; a room in a long-term health care facility, assisted living facility, 168 or hospital; a hotel or motel room; a room in a single-room occupancy 169 (SRO) facility; a room in a homeless shelter; a mobile home; a camper 170 vehicle or tent; a single-family dwelling; and an accessory dwelling unit or 171 guest house appurtenant to a single-family dwelling. 172 173 (N) Section 28-3 is added to read as follows: 174 175 28-3 Smoking and Tobacco Product Use Prohibited in Town-owned 176 Facilities and Town Vehicles. 177 178 Smoking and use of tobacco products is prohibited in all Town- 179 owned, Town-leased, and Town-operated vehicles, including jitneys 180 and buses and other means of public transit under the authority of the rx>3 Town of Tiburon Ordinance No. ???N. S. Effective 4--/2018 Page 4 181 Town, and in all enclosed residential and non-residential facilities, 182 buildings, or structures owned, leased, occupied and/or controlled by 183 the Town. 184 185 (0) Section 28-4 is added to read as follows: 186 187 28-4 Prohibition of Smoking and Tobacco Product Use in 188 Enclosed Areas. 189 190 (a) Smoking and the use of tobacco products are prohibited in the 191 enclosed areas of the following places within the Town: 192 (1) Public places; and 193 (2) Multi-unit residences and common areas; and 194 (3) Dining areas; and 195 (4) Service areas. 196 (b) Smoking and the use of tobacco products are prohibited in all other 197 enclosed areas except as provided below: 198 (1) Inside private vehicles when no minors are present; 199 (2) Inside private single-family dwellings, except when used as a 200 child care facility or a health care facility; 201 (3) Inside detached accessory structures appurtenant to private 202 single-family dwellings, including accessory dwelling units; 203 (4) Inside private detached two-family dwellings and detached 204 accessory structures appurtenant thereto; 205 (5) Inside retail tobacco stores, only if. 206 (A) The retail tobacco store does not sell edible products, including, 207 for example, food, water, or drinks, and does not allow such products 208 to be consumed on the premises; and 209 (B) The retail tobacco store prohibits minors from entering the store 210 at all times. 211 (6) Inside an enclosed place of employment that employs only the 212 owner and no other employees or any other independent contractors 213 routinely spending time performing work in the enclosed areas, 214 provided that: 215 (A) The place of employment is not a public place, and 216 (B) The enclosed area containing the place of employment does not 217 share a ventilation system with any other enclosed place of 218 employment or public place. 219 220 (P) Section 28-5 is added to read as follows: 221 222 Section 28-5 Prohibition of Smoking and Tobacco Product 223 Use in Unenclosed Areas; Exception for 224 Designated Smoking Areas. 225 E')4 Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page 5 226 (a) Smoking and the use of tobacco products are prohibited in the 227 unenclosed areas of the following places within the Town: 228 (1) Recreational areas; 229 (2) Service areas; 230 (3) Public places, including streets and sidewalks open to the public; 231 (4) Dining areas; 232 (5) Bars; 233 (6) Common areas of multi-unit residences. 234 (b) Notwithstanding subsection (a) above, multi-unit residences, places of 235 employment, town-owned or controlled public places, and public 236 events may designate an unenclosed area where smoking or use of 237 tobacco products is permitted if the area meets all of the following 238 criteria: 239 (1) The area is located a reasonable distance of at least twenty-five (25) 240 feet from any unit or enclosed area where smoking is prohibited by 241 this chapter or other law; by binding agreement relating to the 242 ownership, occupancy, or use of real property; or by designation of 243 a person with legal control over the premises. A designated 244 smoking area may require modification or elimination as laws 245 change, as binding agreements are created, and as nonsmoking 246 areas on nearby premises are established; 247 (2) The area does not include, and is at least one hundred (100) feet 248 from, unenclosed areas primarily used by children and unenclosed 249 areas with improvements that facilitate physical activity including, 250 for example, playgrounds, swimming pools, and school campuses; 251 (3) The area includes no more than twenty-five percent (25%) of the 252 total unenclosed area of a multi-unit residence if located within the 253 premises of a multi-unit residence; 254 (4) The area has a clearly marked perimeter; 255 (5) The area is identified by conspicuous signs; 256 (6) The area is completely within an unenclosed area; and 257 (7) The area does not overlap with any enclosed or unenclosed area in 258 which smoking is otherwise prohibited by this chapter or other 259 provisions of this Code, state law, or federal law. 260 (c) Nothing in this section prohibits any person or nonprofit entity with legal 261 control over any property from prohibiting smoking and tobacco product 262 use on any part of such property, even if smoking or the use of tobacco 263 products is not otherwise prohibited in that area. 264 265 (Q) Section 28-7 is added to read as follows: 266 267 28-7 Smoking Restrictions for New and Existing Units of Multi-unit 268 Residences; Responsibilities of Homeowner Association in Common 269 Interest Complexes. 270 �.3 Town of Tiburon Ordinance No. ???N.S. Effective 4--/2018 Page 6 271 (a)With respect to all existing units of multi-unit residences in which 272 smoking was not prohibited by this chapter prior to {insert effective date of 273 this Ordinance}, said units shall become subject to the provisions of this 274 chapter sixty (60) days following {insert effective date of this Ordinance}. 275 (b) Notwithstanding subsection (a) above to the contrary, each and every 276 unit of a multi-unit residence, the occupancy of which becomes available for 277 the first time on or after {insert effective date of this Ordinance}, shall be 278 subject to and controlled by this chapter. 279 (c) The homeowners association, or its duly-appointed management agent, 280 for each common interest complex subject to this chapter shall, within sixty 281 (60) days of{insert effective date of this Ordinancel: 282 (1) Establish a smoke-free policy that meets or exceeds the 283 applicable provisions of this chapter with respect to the indoor or 284 outdoor areas of the entire premises; 285 (2)Notify all owners and residents within the common interest 286 complex of the smoke-free policy, including a provision that explains 287 that violations will be treated in the same way as noise pollution or 288 other rules; 289 (3) Post signs at the parking lot entrances that notify owners, 290 residents, their visitors and contractors about the smoke-free policy; 291 and 292 (4) Establish a process for addressing complaints, similar to that used 293 for violations of other homeowner association policies. 294 295 (R) Section 28-8 is added to read as follows: 296 297 28-8 Required and Implied Lease Terms for Units in Multi-unit 298 Residences, Signage, Etc. 299 300 (a) Required lease terms. Every lease or other agreement for the occupancy 301 of a unit in a new or existing multi-unit residence shall, consistent with 302 provisions of Section 28-7, include all of the following: 303 (A) A clause stating that smoking is prohibited in the unit; 304 (B) A clause stating that it is a material breach of the lease or 305 agreement to 1) violate any law regulating smoking while on the 306 premises; 2) smoke in any unit; 3) smoke in a common area of the 307 premises except in an unenclosed designated smoking area, provided 308 that one lawfully exists pursuant to Section 28-5(b); 309 (C) A clause stating that all lawful occupants of the multi-unit 310 residence are express third-party beneficiaries of the above-required 311 clauses. 312 (b) Whether or not a landlord complies with subsection (a) above, the 313 clauses required by that subsection shall be implied and incorporated by law 314 into every agreement to which subsection(a) above applies. 315 (c) A tenant who breaches a smoking or tobacco product use provision of a rx,3 Town of Tiburon Ordinance No. ???N.S. Effective 4--/2018 Page 7 316 lease or other agreement or knowingly allows another person to do so shall 317 be liable to: 318 (1) The landlord; and 319 (2) To any lawful occupant of the multi-unit residence who is 320 exposed to secondhand smoke as a result of that breach. A landlord 321 shall not be liable to any person for a tenant's breach of smoking or 322 tobacco product use provisions if the landlord has fully complied 323 with the requirements of this chapter. 324 (d) Failure to enforce any smoking or tobacco product use provision of a 325 lease or other agreement on one or more occasions shall not constitute a 326 waiver of the lease or agreement provisions required by this section and shall 327 not prevent future enforcement of any such smoking regulation on another 328 occasion. 329 (e) Disclosure of designated smoking area. Every landlord shall maintain a 330 diagram that illustrates the precise location and configuration of any 331 designated smoking area. This diagram shall accompany every new lease, 332 lease renewal, lease extension, or other agreement for the occupancy of a 333 unit in a multi-unit residence. 334 (f) "No smoking" signs, with letters of no less than one inch in height or the 335 international "No smoking" symbol (consisting of a pictorial representation 336 of a burning cigarette enclosed in a red circle crossed by a red bar) shall be 337 clearly and conspicuously posted in the common areas of multi-unit 338 residences, at every entrance and exit, and on every floor near an elevator or 339 common stairwell. Such signs shall be maintained by the landlord. The 340 absence of signs shall not be a defense to a violation of any provision of this 341 chapter. 342 (g) This section shall not create additional liability for a landlord for a 343 person's violation of this chapter provided that the landlord has fully 344 complied with the required disclosure, sign posting, and other provisions of 345 this section and section 28-5(b). 346 (h) Failure to enforce any smoking provision required by this section shall 347 not affect the right to enforce such provision in the future, nor shall a waiver 348 of any breach constitute a waiver of any subsequent breach or a waiver of 349 the provision itself. 350 351 (S) Section 28-9 is added to read as follows: 352 353 28-9 Other Requirements and Prohibitions. 354 355 (a) No person or nonprofit entity shall knowingly permit smoking or the use 356 of tobacco products in an area which is under the legal or de facto control of 357 that person or nonprofit entity and in which smoking or the use of tobacco 358 products is prohibited by law. 359 (b) No person or nonprofit entity shall knowingly or intentionally permit the 360 presence or placement of ash receptacles, such as, for example, ash trays or Fx,3 Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page 8 361 ash cans, within an area under the legal or de facto control of that person or 362 nonprofit entity and in which smoking or the use of tobacco products is 363 prohibited by law, including, without limitation, within a reasonable distance 364 as defined in this chapter from any area in which smoking or the use of 365 tobacco products is prohibited. Notwithstanding the foregoing, the presence 366 of ash receptacles in violation of this chapter shall not be a defense to a 367 charge of smoking or the use of tobacco products in violation of any 368 provision of this chapter. 369 (c) No person shall dispose of used smoking or tobacco product waste 370 within the boundaries of an area in which smoking or tobacco product use is 371 prohibited, including within a reasonable distance as defined in this chapter. 372 (d) Each instance of smoking or the use of tobacco products in violation of 373 this chapter shall constitute a separate violation. For violations other than for 374 smoking or the use of tobacco products in violation of this chapter, each day 375 of a continuing violation of this chapter shall constitute a separate violation. 376 377 (T) Section 28-11(a) is amended to read as follows: 378 379 (a) Any person, business, tobacco retailer, retail tobacco store, or other 380 establishment subject to this chapter shall post plainly visible signs at each 381 point of purchase of tobacco products that state "THE SALE OF TOBACCO 382 PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS 383 PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR 384 BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on 385 said signs shall be at least one-half inch tall. These signs shall be updated as 386 necessary to conform to any subsequent state or federal requirements or 387 amendments to Business and Professions Code section 22952 and/or Penal 388 Code section 308(a) or successor sections thereto. 389 390 (U) Section 28-11(c) is amended to read as follows: 391 392 (d) Sale of tobacco products at pharmacies is prohibited. All other vendor- 393 assisted sales of tobacco products in the Town shall require prior 394 issuance of a conditional use permit pursuant to Title IV, Chapter 16 395 (Zoning) of this Code. It shall be unlawful for any person, business, 396 tobacco retailer, or retail tobacco store to sell, permit to be sold, or offer 397 for sale any tobacco product by means of self-service merchandising, or 398 by any means other than vendor-assisted sales. 399 400 (V) Section 28-12 is added to read as follows: 401 402 28-12 Enforcement. 403 404 (a)The remedies provided by this chapter are cumulative and in addition to 405 any other remedies available at law or in equity. Ex O 3 Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page 9 406 (b) Each incident of smoking or use of tobacco products or other conduct in 407 violation of this chapter shall be subject to enforcement pursuant to Chapter 408 31 of this Code. 409 (c) The health department officer shall require, while an establishment is 410 undergoing otherwise mandatory inspections, certification from the owner, 411 manager, operator or other person having control of such establishment that 412 all requirements of this chapter have been complied with. 413 (d) Violations of this chapter are subject to a civil action brought by the 414 Town, punishable by a civil fine not less than two hundred fifty dollars 415 ($250.00) and not exceeding one thousand dollars ($1,000.00)per violation. 416 (e) Causing, permitting, aiding, abetting, or concealing a violation of any 417 provision of this chapter shall also constitute a violation of this chapter. 418 (f) Any violation of this chapter is hereby declared to be a nuisance. 419 (g) In addition to other remedies provided by this chapter, this code, or by 420 other law, any violation of this chapter may be remedied by a civil action 421 brought by the town attorney, including, but not limited to, administrative or 422 judicial nuisance abatement proceedings, civil or criminal code enforcement 423 proceedings, and suits for in unctive relief. 424 (h) Any person acting for the interests of itself, its members, or the general 425 public (hereinafter "private enforcer") may bring a civil action in any court 426 of competent jurisdiction, including small claims court, to enforce this 427 chapter against any person who has violated this chapter two or more times. 428 Upon proof of the violations, a court shall grant all appropriate relief, 429 including awarding damages and/or issuing an injunction or a conditional 430 judgment. 431 (i) Except as otherwise provided, enforcement of this chapter is at the sole 432 discretion of the Town. Nothing in this chapter shall create a right of action 433 in any person against the Town or its agents to compel public enforcement 434 of this chapter against private parties. 435 0) The purposes of this chapter are to restrict and/or prohibit smoking and 436 use of tobacco products for the benefit of the public health, safety and 437 welfare. This chapter establishes no new rights for a person who engages in 438 smoking or the use of tobacco products. Notwithstanding (1) any provision 439 of this chapter or other provisions of this code; (2) any failure by any person 440 to restrict smoking or use of tobacco products under this chapter; or (3) any 441 explicit or implicit provision of this chapter that allows smoking or use of 442 tobacco products in any place; nothing in this chapter shall be interpreted to 443 limit any person's legal rights to seek redress or recovery of damages under 444 other laws as a result of smoking or use of tobacco products, including, for 445 example, rights in nuisance, trespass, property damage, and personal injury 446 or other legal or equitable principles. 447 448 (W) Section 28-13 is added to read as follows: 449 450 28-13 Violations and penalties. FE 3 Town of Tiburon Ordinance No. ???N.S. Effective--1--/2018 Page 10 451 452 (a) It is unlawful for any person or non-profit entity who owns, manages, 453 operates or otherwise controls the use of any premises or areas subject to 454 regulation under sections 28-3, 28-4, 28-5, 28-6, 28-7, 28-8, 28-9, 28-10, 28- 455 11, or 28-14 of this chapter to fail to comply with any of its provisions. 456 (b) It is unlawful for any person to smoke or use tobacco products in any 457 area where smoking or use of tobacco products is prohibited under 458 provisions of this chapter. 459 (c) Any person, non-profit entity, business, retail tobacco store, or owner, 460 manager or operator of any establishment subject to this chapter who 461 violates any provision of this chapter, other than section 28-11, shall be 462 deemed guilty of an infraction and upon conviction shall be subject to 463 payment of a fine not less than two hundred fifty dollars ($250.00) and not 464 exceeding one thousand dollars ($1,000.00) per violation. 465 (d) Violations of section 28-11 shall be a misdemeanor. 466 467 Section 3. Severability. 468 469 If any section, subsection, clause, sentence, or phrase of this Ordinance is for any 470 reason held to be invalid or unconstitutional by a decision of a Court of competent 471 jurisdiction, such decision shall not affect the validity of the remaining portions of the 472 Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have 473 passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, 474 irrespective of the fact that any one or more sections, subsections, sentences, clauses, or 475 phrases may be declared invalid or unconstitutional. 476 477 Section 4. Effective Date. 478 479 This ordinance shall be in full force and effect thirty (30) days after the date of 480 adoption. Pursuant to the provisions of the California Government Code, a summary of this 481 ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town 482 Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) 483 publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) 484 post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) 485 days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a 486 newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the 487 Town Clerk a certified copy of the ordinance along with the names of those Council 488 members voting for and against the ordinance. 489 490 This ordinance was read and introduced at a regular meeting of the Town Council of 491 the Town of Tiburon, held on , 2018, and was adopted at a regular meeting of 492 the Town Council of the Town of Tiburon, held on , 2018, by the following 493 vote: 494 495 AYES: COUNCILMEMBERS: 3 Town of Tiburon Ordinance No. ???N.S. Effective 4--/2018 Page 11 496 497 NAYS: COUNCILMEMBERS: 498 499 ABSENT: COUNCILMEMBERS: 500 501 502 503 504 JIM FRASER, MAYOR 505 TOWN OF TIBURON 506 ATTEST: 507 508 509 510 511 LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No. ???N. S. Effective--1--/2018 Page 12 -` i Ll k Red Bird Bakery Roti - Indian food Mi Fiesta - Mexican food Anna's Seafood - A great variety of seafood The Silo - Rice, beans, pasta Big Paw Olive Oil - California olive oil and vinegars No Cookie - Gluten free cookies Kid's Activities Once Upon A Time - Jedi training and favorite kid's characters Tiburon Library will be doing story time first week of the month every month Hoola Hoops for everyone More to come! Food Trucks Cousin's Maine Lobster Banh Mi Zon Sincerely, Greg Chanis Town Manager NEWSFLASH Smoking and Tobacco Regulations Amendments Being Considered On June 20, 2018 at 7:30 p.m., the • Town Council will hold a public hearing to � :v\X consider adoption of amendments to the Town's Smoking and Tobacco regulations, as set forth in Chapter 28 of the Tiburon _ Municipal Code. The most significant change is that the prohibition on smoking in apartment units would be extended to all forms of attached housing (condominiums, townhouses, and duplexes), but not to detached single-family dwellings or the lots on which they are located. Tiburon is apparently the only municipality remaining in Marin County that does not prohibit smoking in all attached housing units. No �� t .�a w_ Omm Below is a summary of the principal changes proposed to the Town's current smoking and tobacco regulations. If adopted, the proposed ordinance would: • Expand smoking and tobacco product use prohibition to: o Multi-unit residences, including condominiums, townhouses, and attached two-family dwellings (i.e., attached duplexes); this includes the inside of individual units, on patios, balconies and decks, and in all common areas (excluding only a lawful unenclosed designated smoking area, if one is provided). This prohibition would go into effect 90 days after adoption of the ordinance. o Streets and sidewalks open to the public; and otherwise generally expand the types of unenclosed areas where smoking and tobacco product use are prohibited, including recreational areas open to the general public, such as parks, open spaces, sports fields, marinas, swimming pools, playgrounds, trails, picnic areas, etc., whether publicly- or privately-owned. • Establish responsibilities for homeowner associations of common interest complexes (condominiums and townhouses) to establish a smoke-free policy, notify owners and tenants of the policy, post signs concerning the policy, and establish a process for addressing complaints regarding smoking that is similar to that used for other homeowner association rule violations. • Prohibit the sale of tobacco products at pharmacies in Tiburon, and require a conditional use permit for the sale of tobacco products by any other vendor or business. • Increase fines for violations from $100 to $250 for infractions and expand enforcement options and remedies, both public and private. The proposed ordinance, and a redline copy of Chapter 28 depicting all the proposed amendments, are available for review from a link in the Tiburon News section of the Town of Tiburon website home page at www.townoftiburon.org. Questions or comments should be directed to Scott Anderson, Director of Community Development, at sanderson(cbtownoftiburon.org or 415-435-7392. Correspondence should be addressed to Mr. Anderson at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. Vacancies on Local Boards and Commissions 4 EXHIBIT p. J_ of � TOWN OF TIBURON NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENTS TO SMOKING AND TOBACCO REGULATIONS (TITLE VI, CHAPTER 28 OF THE TIBURON MUNICIPAL CODE) Notice is hereby given that the Tiburon Town Council will hold a public hearing to consider adoption of an ordinance amending Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code. The primary focus of the amendments is to expand the prohibition on smoking and tobacco use to all attached dwelling units in Tiburon, consistent with prohibitions adopted by the County of Marin and other Marin County municipalities. Proposed amendments include, but are not limited to, those listed below. If adopted, the proposed ordinance would: ➢ Expand smoking and tobacco product use prohibition to: • Multi-unit residences, including condominiums, townhouses, and attached two-family dwellings(i.e., attached duplexes); this includes the inside of individual units, on patios, balconies and decks, and in all common area(excluding only a lawful unenclosed designated smoking area, if one is provided). This prohibition would go into effect 90 days after adoption of the ordinance. • Streets and sidewalks open to the public; and otherwise generally expand the types of unenclosed areas where smoking and tobacco product use are prohibited, including recreational areas open to the general public, such as parks, open spaces, sports fields, marinas, swimming pools, playgrounds,trails, picnic areas, etc., whether publicly- or privately-owned. ➢ Establish responsibilities for homeowner associations of common interest complexes (condominiums and townhouses) to establish a smoke-free policy, notify owners and tenants of the policy,post signs concerning the s policy, and establish a process for addressing complaints regarding smoking that is similar to that used for other homeowner association rule violations. ➢ Prohibit the sale of tobacco products at pharmacies in Tiburon, and require a conditional use permit for the sale of tobacco products by any other vendor or business. ➢ Increase fines for violations from$100 to $250 for infractions and expands enforcement options and remedies, both public and private. The public hearing will be held at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. The Town Council will meet on Wednesday,June 20, 2018, commencing at 7:30 PM. A copy of the proposed ordinance, and a redline document showing existing and proposed text of Chapter 28, will be available for review on the Town of Tiburon official website in ..... ... ... (}y+..,, NOP OP SJR. -spm the Tiburon News section on the home page no later than 5:30 p.m. on June 8, 2018. A copy of the staff report and associated materials will be available for review on the Town's official website no later than 5:30 p.m. on June 14, 2018. All interested persons may appear and be heard at the public hearing or may submit written comments prior to the public hearing. Questions or comments should be directed to Scott Anderson, Director of Community Development, at 1505 Tiburon Boulevard, Tiburon, CA 94920 (415-435-7392) or sandersongtownoftiburon.org. NOTICE OF LIMITATION ON LEGAL CHALLENGES Pursuant to Section 65009 of the California Government Code, please be advised that if you challenge the Town's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Town at, or prior to,the public hearing. Scott Anderson Director of Community Development Dated: 6/7/2018 LXHIBIT I- P. of Scott Anderson From: Lorraine Gemigniani [missgemigniani@gmail.com] Sent: Thursday, June 07, 2018 12:23 PM To: Scott Anderson Subject: No Smoking! ry j JUN 0 7 2010 i' Hi Scott, Pi_ANNING DIVIS,10N 1 Its me, Lorraine Gemigniani. I support this article on proposing stricter anti-smoking rules in Tiburon. I hope you ban all smoking on public sidewalks. Up here on Red Hill Circle, the street and gutters are strewn with discarded cigarette butts. Tossing a cigarette butt should be a 500.00 fine with signs posted. The culture of flicking your cigarette butt onto the sidewalk as if the "butt fairies" are going to fly in and pick it up, needs to change. Smokers need a fine for littering. Keep up the good work! Best, Lorraine Lorraine Gemigniani Own in Marin County! Call me at 415-246-8611 for the best deals in Marin! WT a _6__ i p.—Lof FI Scott Anderson From: Tracey Van Hooser[traceyvanhooser@gmail.com] Sent: Thursday, June 07, 2018 4:00 PM To: Scott Anderson Subject: new smoking ordinance I just read about the planned ordinance to further restrict smoking in Tiburon. I am 100% supportive and would like to ensure that these restrictions include marijuana and vaping. Thank you, c _FE Tracey JUN 0 7 2010 PLANNING DIVISION 1 EXHIBIT p. of� LATE MAIL #A. William J. McKee 311 Paradise Drive Tiburon, California, 94920 415-435-4864 bbawkee I @,)msn.co.m Town Council 6/16/2018 Town of Tiburon Re: Proposed Smoking and 'Tobacco Amendment Cc: Editor, the ARK newspaper Editor, the Marin Independent Journal Marin County Board of Supervisors Point Tiburon Bayside Homeowners Association Greetings; It appears that the time has come for concerned citizens to speak up in response to the referenced County Regulation, and the current Tiburon Regulation, regarding smoking and tobacco use. Indeed the question to be answered must ask at what point does the afore mentioned governmental organizations, as well as the Federal Government itself, determine that it is their purpose to strongly control the actions of the citizenry. No one would argue against control of actions of persons that directly adversely the health or wellbeing of their fellow citizens. It becomes a problem however, when governmental organizations take it upon themselves to press their power of control to usurp the rights of their citizens in pursuit of a reasonable life style and enjoyments that do not cause injury to their fellows. There is a point where the reasonable control and regulation becomes harassment and then finally tyranny. Without question, there are well-meaning persons within the governments as well as the citizenry in general that wish to impart protections to their fellow citizens; and rightfully, and thankfully so. Unfortunately there are also those that use their powers to "Lord It Over" the common citizenry, not only because they can define a need, but because they simply can, and will, enjoin their constituents with examples of petty tyranny. Perhaps there is no such thing as "Petty" tyranny. One may argue that any and therefore all smoking should be banned throughout the land. Such overreach also resulted in the national government pressing a ban on alcoholic beverages many years ago. You are moving in the same direction with the regulations we are discussing here. Governmental protection of their citizens does not extend to abuse of their rights as human beings to pursue and enjoy a lifestyle of freedom afforded us, and recognized in Our Constitution. Quite simply you are over-extending unnecessarily so. If you wish to protect persons within residences that share a common ventilation system and thereby share in the recycled air being circulated therein, that's reasonable. To take this further and include residences and common properties that do not impinge upon others, borders on the tyranny referred to above. If there is individual air circulation contained within a building and those within that building have adequate air supply aside from any smoking related emissions, no regulation is necessary and therefore an unnecessary burden on those residing or simply passing by. To include outdoor venues that also are replete with voluminous airflow present is similarly bordering on tyranny. We are not children that need, nor do we want, your "protection". If someone offends us with their smoking, we can simply tell them so and they will certainly stop or remove themselves from your presence. No governmental. interference is required. You may also read the last sentence to read "Governmental Tyranny". I have been occasionally smoking in and around the Condominium at which I reside (for over the past twenty years) and always take pains to avoid offending anyone nearby. I intend to continue that practice going forward, although I do not wish to be considered a "Law Breaker". I simply disagree with your unnecessary and tyrannical action. Is there not some way you can incorporate appropriate language in your "Regulations" to be considerate of my position, and that of all those similarly situated; as well as providing the "Protections" you wish to place upon us? 1, for one, certainly do not wish to harm nor even offend others but I will fight, as I may need to, to protect my rights. I likewise do not wish to confront our law- enforcement organizations with such. petty issues since they have more pressing items to take care of. Please reconsider your approach to the issues and provide language that considers the general population, and all of us. Respectfully submitted William James McKee Ref: The county law, called the "Marin County 'Snioke Free Air and Health Protection" ordinance Chapter 28 of the Tiburon Town.Municipal Code k ,f Town Council Meeting ._.;. TOWN OF TIBURON g 1505 Tiburon Boulevard June 20, 2018 r Tiburon, CA 94920 Agenda Item: ATSTAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Special Event Permit: RCP Tiburon Mile Swim Event Reviewed By: -� BACKGROUND The RCP Tiburon Mile Swim is a competitive swim from Angel Island to the shoreline adjacent to Sam's Restaurant. It was founded and directed by local resident, Robert Placak and held consecutively from 1999 to 2016 when a tide change forced the cancellation of the annual event. 2017 was subsequently skipped also, due to knowledge of unfavorable tides in advance. The RCP Mile is a highly anticipated event in the swimming world that has consistently drawn Olympic and world class swimmers from multiple countries as well as great numbers of local participants. The event signs up to 400 swimmers and always draws spectators in the hundreds. The RCP Tiburon Mile has raised over $1.5 million dollars for charities since the inception of the race. The charity benefiting this year is Lifehouse, serving people with developmental disabilities since 1954. ANALYSIS The Town of Tiburon has worked closely with the event organizers to minimize any negative affect on the community and research of past event history shows a well-organized event, in both safety to the swimmers and respect for the surrounding community and event policy guidelines, particularly as they pertain to the Shoreline Park. This year's event shows the same careful preparation in terms of in the water and out. At the event planning session,the Town's concerns about noise, both at Sam's Restaurant(where there will be no amplification, only bull-horns), and the Shoreline Park where the awards ceremony will take place (amplification and music), were addressed. Exhibit 1 shows the lay-out of the event. Exhibit 2 is a timeline. Approximately 400 swimmers and up to 600 spectators are expected. The RCP event coordinators have reached out to the Homeowners Association at Point Tiburon, the community immediately affected by the Shoreline Park activities. They claim the full support of the residents and will be notifying them in advance of all activities. The immediate residents of Corinthian Island will be notified as well. The coordinators are in full compliance and contact with Police, Public Works and the Fire Departments to meet their requirements. TOWN OF TIBURON PAGE 1 OF 2 RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve the Special Event Permit for the RCP Tiburon Mile Swim event on August 19, 2018 Exhibits: 1. Event Lay Out 2. Event Timeline Prepared By: Patti Pickett,Town of Tiburon Event Coordinator OV'. \1 01 1.1W 11,0\ a ..., T ' IBURON MILE' a � _ Vounte, -Booth CORINTHIAN . YACHT CLUB .a z r vil,� Guaymas �� a�inb 20 - - `\ !71, 1 Y mare, ne c .. eg strap F` �f t c7rd 1� its , age R r r"2iOS., 04 H W On Sunday, August 19th , Day-of Activities 5:30am Volunteers arrive/check in 5:30am Lifehouse arrives- Event Director to check in volunteers 5:30-6:30 Oversee set up of different areas along the shoreline, registration,volunteer check-in, tents, bags for swimmers clothes 5:45 am kayak station set up in front of Sam's restaurant 5:45am Event Director.head to Sam's Dock to Begin Boat/kayak coordination 6:30am Lifehouse information booth and set-up for staff picnic 6:45am Registration opens— Lifehouse Vounteers 6:30am Event Director to have elite VIP Area set-up in Sam's 7:20am Bob Cook to confirm police officers have arrived-get names for speech 7:25am Bob Cook to show volunteers to CYC 7:30am RCP to be on Sam's Dock 7:45am Commencement ceremony to begin 8:05am Swimmers start to head to Ferry 8:05am Check in with Band 8:10am Ferry Boarding for Al and Water Taxi 8:25am Elite Ferry Departs 8:30am Kristin to set up VIP area 8:30am Ferry#1 Departs— 8:40am Ferry#2 Departs— 9:00am Shot gun start on Angel island 9:20am Band to Begin 9:30am Food Tent Opens 9:45am Lifehouse staff picnic to begin 10:00am Event Director to Coordinate with Photographer about post production pictures 10:10am Event Director to make sure awards are at stage-get copy of results for ceremony 11:00am Award ceremony to begin 12:00pm Break down — and Clean-up (all volunteers) EXHIBIT NO. { TOWN OF TIBURON Town Council Meeting c - a 1505 Tiburon Boulevard J une 20,2018 X Tib , CA Tiburon 94920 Agenda Item: Al REPORTSTAFF To: Mayor& Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Adopt a Resolution Approving an Agreement with the California Department of Forestry and Fire Protection (Cal Fire) for Providing Fire Protection Services on Angel Island Reviewed By:Y BACKGROUND On October 13, 2008, a fast-moving brush fire lit up the skies over Angel Island, visible to residents in four Bay Area counties—Marin, Contra Costa, Alameda and San Francisco. The fire burned about half of the island's vegetation. Fortunately, the combined efforts of the Department of Forestry and Fire Protection("Cal Fire"), the Marin County Fire Department and the Tiburon Fire Protection District("TFPD") brought the fire under control before any persons were injured or structures were damaged. The tremendous effort that saved our local state park revealed a surprising gap in public services, when officials involved determined that the Island does not fall within the jurisdiction of any fire protection agency. In 2012, the Town Council approved a 3-year agreement with Cal Fire and the State Department of Parks and Recreation to provide fire protection services to Angel Island, and it is now timely for the Council to consider authorization of a new 3-year contract. The terms of the new contract would be July 1, 2018 through June 30, 2021. ANALYSIS Under the Agreement, Cal Fire would provide fire protection services to Angel Island for three years, including fire prevention, reporting and suppression, incident management and public education. More specifically, the Agreement provides for the following: • The Marin County Fire Emergency Command Center, acting in its capacity as the agent and contractor of Cal Fire, will spearhead fire suppression activities pursuant to a preplanned initial attack response and General Response Guidelines maintained by Cal Fire and the Marin County Fire Department. • State Parks will issue burn permits subject to guidelines developed by the three party agencies. • Under the General Conditions of the Agreement, any party can cancel upon one year's notice. FINANCIAL IMPACT The three-year contract will cost $23,925.13 in the first year, $25,360.64 in the second, and $26,882.28 in the third, for a total cost of$76,168.05. Cal Fire's rates have increased since the last agreement based on prior years' expenditures and the average of 10-year totals of Emergency Fund expenditures, which have been impacted by historical fire years. STAFF RECOMMENDATION Staff recommends that the Town Council: Move to approve a Resolution Approving an Agreement with the State Department of Forestry and Fire Protection and the State Department of Parks and Recreation to provide fire protection services to Angel Island, authorizing the Town Manager to negotiate and execute the final agreement. Exhibits: 1. Draft Resolution 2. Draft Agreement Prepared By: Lea Stefani,Town Clerk DRAFT RESOLUTION NO. xx-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE) TO PROVIDE FIRE PROTECTION SERVICES ON ANGEL ISLAND WHEREAS, when the Town of Tiburon incorporated in 1964, fire protection services on the Tiburon peninsula were provided by two special districts, the Tiburon Fire Protection District ("TFPD") and the Southern Marin Fire Protection District("SMFP"). To avoid needless expenditure of public resources, the Town did not develop its own fire protection department; and WHEREAS, the Town of Tiburon's municipal borders include Angel Island, which consists entirely of a park owned, managed and controlled by the State of California through the State's Department of Parks and Recreation("State Parks Department"); and WHEREAS, Angel Island is not within the boundaries of either TFPD or SMFP; and WHEREAS, a significant fire during the fall of 2008 demonstrated the need for fire protection services on Angel Island; and WHEREAS, Town officials, the California Department of Forestry and Fire Protection ("Cal Fire"), the State Parks Department, the Marin County Fire Department and TFPD determined the most practical means of obtaining fire protection services is by contracting with the State of California for Cal Fire to provide such services; and WHEREAS, the Town and the State negotiated and entered into the Wildland Agreement in 2012 for a 3-year period, with one amendment in 2013, and it is now timely to enter into agreement for a neve 3-year term, attached to this resolution as Exhibit 1 and incorporated herein by reference ("Wildland Agreement"). NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. All the Recitals above are true and correct and incorporated herein. 2. The Town Council hereby approves the Agreement and authorizes the Town Manager to (a) negotiate any appropriate minor changes to the Agreement and (b) enter into and execute the Wildland Agreement on behalf of the Town. The Town Manager is further authorized to implement the Wildland Agreement and take all further actions and negotiate and execute all other documents which are necessary or appropriate to carry out the Wildland Agreement. Page I of 2 Town Council Resolution No.xx-2018 DRAFT 612012018 EXHI IT ISO. 3. The Town Clerk shall certify to the adoption of this Resolution. 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon this 201h day of June, 2018, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 2 of 2 Town Council Resolution No. xx-2018 DRAFT 6/20/2018 STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS AGREEMENT NUMBER 1CA03948 LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT REGISTRATION NUMBER: LG-W REV 04/2018 1. This Agreement is entered into between the State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection — (CAL FIRE) LOCAL AGENCY'S NAME Town of Tiburon 2. The term of this Agreement is: July 1, 2018 through June 30, 2021 3. The maximum amount of this Agreement is: $ 76,168.05 Seventy-Six Thousand, One-Hundred and Sixty-Eight Dollars and Five Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A—Scope of Work— Includes page 2 (contact page)in count for Exhibit A 3 pages Exhibit B— Budget Detail and Payment Provisions 2 pages Exhibit C*—General Terms and Conditions; DGS GTC Version: 04/2017 0 pages Exhibit D—Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E—Additional Provisions 3 pages *Items shown with an Asterisk(*) are hereby incorporated by reference and made part of this Agreement as if attached hereto. General Terms and Conditions can be viewed at: http.//www.dgs.ca.gov/ols IN WITNESS WHEREOF,this Agreement has been executed by the parties hereto. LOCAL AGENCY California Department of General LOCAL AGENCY'S NAME Services Use Only Town of Tiburon BY(Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Greg Chanis, Town Manager ADDRESS 1501 Tiburon Blvd. Tiburon, Ca 94920 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY(Authorized Signature) DATE SIGNED(Do not type) .d PRINTED NAME AND TITLE OF PERSON SIGNING Don Gordon,Assistant Deputy Director,Cooperative Fire Protection,Training&Safety ADDRESS P.O.Box 944246,Sacramento,CA 94244-2460 EXHIBIT NO. Contractor Name: Town of Tiburon Contract No: 1CA03948 -2 - EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA 1. The project representatives during the term of this Agreement will be: CAL FIRE Unit Chief: Local Agency: Name: Shana Jones Name: Greg Chanis Phone: (707) 967-1400 Phone: (415)435-7383 Fax: (707) 967-1473 Fax: (415)435-2438 All required correspondence shall be sent through U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Shana Jones Local Agency: Town of Tiburon Section/Unit: Sonoma Lake Napa Section/Unit: Town Manager Unit Attention: Gabrielle Avina Attention: Greg Chanis Address: 1199 Big Tree Rd. St. Address: 1501 Tiburon Blvd. Tiburon, Helena, Ca 94574 Ca 94920 Phone: (707) 967-1400 Phone: (415)435-7383 Fax: (707) 967-1473 Fax: (415)435-2438 Send an additional copy of all correspondence to: CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this 1st day of July, 2018, by and between the State of California, hereinafter called STATE and the Town of Tiburon, County of Marin, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word "Contractor" that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement. Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection. 3. SCOPE OF WORK LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 731 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. Contractor Name: Town of Tiburon Contract No: 1 CA03948 STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. Contractor Name: Town of Tiburon Contract No: ICA03948 -4- 4. SERVICES BY STATE A. STATE shall provide wildland fire protection for the areas defined in the above section. B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area. C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY. 5. ADMINISTRATION A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE. B. STATE response will be subject to availability of resources. C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command. D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area. 6. MUTUAL AID LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY. 7. ENTIRE AGREEMENT This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services. Contractor Name: Town of Tiburon Contract No: 1 CA03948 - 5 - EXHIBIT B BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION 1. Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of$29.22 per acre, plus an 12.01 % administrative charge for a total of$23,925.13 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates. B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. 2. Budget Contingency Clause A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. Contractor Name: Town of Tiburon Contract No: 1CA03948 -6- D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement. Contractor Name: Town of Tiburon Contract No: 1CA03948 - 7 - EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation. 2. Audit If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding. 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name: Town of Tiburon Contract No: 1CA03948 - 8- EXHIBIT E ADDITIONAL PROVISIONS Attachments ® Budget Plan ® Topographic Map ❑ Operating Plan ❑ Annual Report State of California Natural Resources Agency Memorandum To: Region Chiefs Date: April 17, 2018 Assistant Region Chiefs Unit Chiefs Telephone: (916) 653-9475 Unit Local Government Contacts Website: www.fire.ca.gov From: Don Gordon v0'- 9..! -- Assistant Deputy Director Coop Fire, Safety, Training and EMS California Department of Forestry and Fire Protection (CAL FIRE) Subject: HB 8500 Cooperative Fire Protection Local Government Program LRA Wildland Agreements Cost-Per-Acre FY 2018-2019 Attached you will find the new CALFIRE fire protection Cost-Per-Acre information sheet. The new base rate for FY 18-19 will be $29.22 per acre. The Administrative Rate is 12.01% or $3.51 per acre, resulting in a Total Protection Rate per acre of$32.73. This rate should be used to prepare new, or amend existing wildland agreements with local agencies. Per Handbook 8500 policy, Section 8556 Wildland Agreements, it is required that a map showing the area covered by the agreement, in hardcopy and electronic GIS format, be submitted to the Sacramento Cooperative Fire Section for each new and renewed agreement. An annual report shall be submitted to the Sacramento Cooperative Fire Section per Handbook Section 8556.5.3. Should you have questions or concerns, please contact Tom Hostetter at (916) 653-9475 for assistance. cc: Dan Sendek Joe Tyler Tony Favro Tom Lutzenberger Tom Hostetter Melisa Gamer "The Department of Forestti,and Fire Protection serves and sglegztords the people artd protects the property and resources of California." Contract Name: Town of Tiburon Contract#: Page#: LOCAL RESPONSIBILITY AREA (LRA)WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account(PCA#) 19003 THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA(LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA,DEPARTMENT OF FORESTRY&FIRE PROTECTION(CAL FIRE) AND THE CITY/TOWN OF TIBURON A LOCAL AGENCY FOR THE 2018/2019 FISCAL YEAR AGREEMENT COST CALCULATIONS: Number of Acres 731 General Fund Reimbursement $ 11.96 $ 8,742.76 Unit Budget $ 17.26 $ 12,617.06 Sub-Total $ 21,359.82 Admin Rate 12.01% $ 2,565.31 Total Protection Cost $ 23,925.13 Comments Section: FY 18 $23,925.13 FY 19 $25,360.64 FY 20 $26.882.28 TOTAL $76,168.05 Estimated 6%increase for FY 19 and FY 20 f Pang mpbell n SaueIP Tavloir SP L &¢v Finl fi:rn► �r Campt$. ! ~ cdaha« ta�� PaiC: $an a h m r Rafaigr, ion Station r 0�p = q *` orth rison) � Anel Island SP 3711100 �. g w uan � � l � Pain,$amlaioax + lei,c I-nz, 1irbTi s - — - �� .� ) Mt Tamaf'g�is SP Berk ey l 1 y 101 c Pcint Yom_' :a�f LA D lone.t SAN F'RAi� J �� .a}utu � /� Z-, s. cave 4 �i Visirt,or, % � �� l � East Bay Sites�� s �5 Mi : .... �c ��, fit t'er t n i fel orh� o s 10 KM Grou icGroup: icntc f eazacs caream a suers 1 Area / rrao by Eureka C�,Iogwfry tSwWeg CA 6 4iJl3Feet w'Gr / ;' �' P►cri` a 'f Visitor o ,00 MetersCenter _7 r i r Kayak Camp 1 I , v 71 Quarry Ponit Sunrise Sites US Coast =— �z 'FOrt Gya �� 1 ifckanit�re �'�j 1 / (OfP�TknitW� � `McDowell Paint Stuart Looe f 88 East Gamso 1 ' t (East Garrison) Point Smart te- r 'Gr6up Ric'viic ;r� �� 1� / t9- N 4 r . '�7 t` Area Camp Reyna `s � ' , 1 �� . Qua •t f \ ,STATE P A R > j Reacts Legend (West Garrison 1 i _- � ft r' i B attery ` /r `.�O°'� �� \4� 1 0 Park Land J1 Wallace a si es -s s. y 0 Park Land (No Entry After Sunset) -- penis Rd p -ecvic$ atte o US Coast Guard(off limits) ard', - Nike Missile Paved road Site' Pom 1 ry - ty San 1 0 Unpaved road x"°' 1�\ CroomiFrancisco 0 Trail(Na Bicycles) Beach , Bay & Accessible Feature This park is supported in part ,USC st Guard Boat Docks 8:00 am to through a nonprofit organization- (ol Bits) sunset;mooring buoys � dor more information contact: Puma B!Unt ti Drinking water •-+ Locked Gate -FFC Picnic Area Angel Island .association e P O. Bos 866 s Tiburon, Cy 9i 920Environmental Camping Park Building Restrooms Group Picnic Areaai' Park Office Telephone lvtl ta>.cllie€islcrlid.or€} ~ 1 Town Council Meeting TOWN OF TIBURON g 1505 Tiburon Boulevard June 20, 2018 c ,ti r Tiburon, CA 94920T Agenda Item: AI ' STAFF PO . To: Mayor& Members of the Town Council From: Transportation Authority of Marin Subject: Presentation from Transportation Authority of Marin and Request for Appoval of Expenditure Plan Reviewed By: BACKGROUND On April 18, 2018, the Town Council received a report from the Transportation Authority of Marin on renewing the %2 cent transportation sales tax in Marin, and the Draft Transportation Sales Tax Renewal Expenditure Plan. The Council heard the presentation and provided their feedback on the draft plan. On April 26, 2018, the Transportation Authority of Marin Board of Commissioners unanimously approved the draft expenditure plan. The next step in their process is to seek approval of the expenditure plan from each city and town in Marin, and the Board of Supervisors. Tonight, the Transportation Authority of Marin will present their Final Transportation Sales Tax Renewal Expenditure Plan (Exhibit 1) and seek approval from the Council. STAFF RECOMMENDATION Staff recommends that the Town Council receive TAM's presentation on the final expenditure plan and consider adopting resolution (Exhibit 2) approving the expenditure plan. Exhibits: 1. Final Transportation Sales Tax Renewal Expenditure Plan 2.Draft Resolution 3.Letter to Town Council from Dianne Steinhauser,Executive Director,TAM 4. Schedule of Likely Next Steps Prepared By: Lea Stefani,Town Clerk M <s a s � a w Qr+ s b` a s x x , n, ,t 3021, Transportation Authority of Mai-i❑ EXHIBIT NO. 2018 Expenditure Plan Final Plan AN" Tr;uws a Uo.j Authority of Mmin TRANSPORTATION AUTHORITY OF MARIN Board of Commissioners Damon Connolly, County of Marin District I Katie Rice, County of Marin District 2 Kathrin Sears, County of Marin District 3 Dennis Rodoni, County of Marin District 4 Judy Arnold, County of Marin District 5 James Campbell, City of Belvedere Brian Colbert, Town of San Anselmo Alice Fredericks, Town of Tiburon P. Beach Kuhl, Town of Ross Diane Furst, Town of Corte Madera Dan Hillmer, City of Larkspur Eric Lucan, City of Novato Stephanie Moulton-Peters, City of Mill Valley Gary O. Phillips, City of San Rafael John Reed, Town of Fairfax Ray Withy, City of Sausalito DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan i TAM 2V18Expenditure Plan I Final Plan Table of Contents Page ExecutiveSummary.................................................................................................ES-1 Why does Marin County need transportation sales tax extension?......... ES-2 I Marin County 30-Year Transportation Sales Tax Expenditure Plan Summary...l-1 PlanBackground.................................................................................................... l-1 PlanComponents.................................................................................................. l-3 PlanImplementation............................................................................................. l-6 2 Marlin County 30-Year Transportation Sales Tax Expenditure Plan Details .......2-1 � Transportation 3olesTaxGovemnanceand Organizational Structure...................3-1 4 Implementing Guidelines.....................................................................................4-1 Appendix A: Glossary Appendix B: Expenditure Plan Advisory Committee Membership Table of Figures Page FiQUna E3-1 Expenditure Plan Strategies and Funding Surnrnory --------. E3-6 Figure l-1 Typical Transportation Funding Sources for Marin County................ l-2 Figure 1-2 Expenditure Plan Categories and Funding Breakdown ..................... l-4 DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan Iii 20l8Expenditure Plan I Final Plan TrAlkS[Wl'1A1il)0 A11111orkN Of N1111 ill Executive Summary �� '�� ==u�^w�� 0 � �� 0 �� Y� - In 2004, Morin voters approved the Measure A20-ynorhalf-cent sales fax measure tofund local transportation projects 1hmoAhnot |he county. Asthat funding source approaches its expiration dote' the Transportation Authority of Morin (TAM) is recommending voter approval of an extension to this essential transportafion-funding source, the Measure A Renewal. After conducting an extensive public input process, TAM has developed the Transportation Sales Tax Renewal Expenditure Plan (Expenditure Plan) for the renewal of the half-cent sales fax tosupport current transportation priorities in Morin County. The Expenditure Plan's projects and programs are detailed below.The Expenditure Plan culminates from o "bottom up" planning approach, enabled by the Expenditure Plan Advisory Committee (EPAC) and approved by the TAM Board, fhe County, and the individual cities' and towns of Morin.The sales fax renewal will provide funding for core transportation needs of highest priority to the public, as detailed in this plan, without increasing the current ho|fcantfax. This plan isbuilt onorecord ofsuccess. Morin voters last approved otransportation sales fax in 2004when they passed Measure A' Morin County's first transportation sales tax. Measure Aiso half-cent fax that addressed a severe shortfall in available funds for transportation.These funds have been instrumental in transforming Morin County's transportation programs and infrastructure over the past 14 years: $25 million was provided to complete the Highway 101 H[)V carpool lanes through San Rafael, closing a 3-mile gap that caused severe congestion.The local $25 million for Highway 101 enabled Morin County toattract over$75million inregional, state, and federal funds to finish the project.The 2004 sales fax funds have enabled significant local road improvements that were designed and built to meet the needs of all users.These included 4th Street in San Rafael, Miller Avenue in Mill Valley, and Sir Francis Drake through Samuel P.Taylor Park in West Morin.The funds resfored and expanded local bus transit service that was being cut back in 2003, and enabled new services, including those for seniors. Finally, the funds have enabled nearly 60 crossing guards to be placed near schools, built nearly$20 million in Safe Pathway improvements to and from schools, and enabled education and encouragement of walking and biking through the Safe Routes toSchools program inover 60schools inMorin. Finally, over$6Omillion has gone into pothole repair and street rehobi|itotion, again meeting fhe needs Vfcars, bicyclists, pedestrians, and transit. Our transportation system relies greatly on local funding for local needs. Measure A-Morin County's 2004 voter-approved half-cent transportation sales fax measure-has been a major source of transportation funding in Morin County over the past 14 years, and is set to expire on March 31, 2025.This proposed sales fax renewal measure extends this existing funding source for 24years beyond the existing expiration date.The Expenditure Plan adjusts the expenditures to address current and future transportation priorities, and allows the County to address urgent needs without increasing the current half-cent tax.The measure provides a long-term, reliable funding stream and creates an opportunity to redistribute these tax dollars in a way that best reflects the county's present-day transportation needs. TAM isdedicated to making the most ofMorin County transportation dollars and creating on efficient and effective transportation system that promotes mobility and accessibility by providing ovariety ofhigh-quality transportation options toall users. Its members - all llcities and towns, DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan I ES-1 2Dl8Expenditure Plan | Final Plan and all five members of the County Board of Supervisors - have achieved significant progress in meeting k4ohn's transportation needs. The new Expenditure Plan allows TAM to continue to achieve these goals. WHY DOES MARIN COUNTY �� ^� ��U�� 8 �� U�� n�� TRANSPORTATION ~��^w o��^� �^�n �xw^�o��on . • The current plan isl6years old, and the needs mfour Marin residents and workers have changed.The current plan does not allow local sales tax funds to be spent on a variety of new needs. As an example, the current sales tax can't be used to help build a sorely needed direct connector from Northbound Highway 101tnEostboond |-580inSan Rafael.The current sales fax can't he used to finish the Highway 181 Marin Sonoma Narrows project, completing the third lane from Novato toPetaluma. |naddition, the current sales fax can't be used on local road interchanges with Highway 101, many of which are outdated and unable tohandle current traffic demand.The current sales tax does not address the infrastructure needs of rising sea levels and flooding. And it does not address investing in innovation, including support ofinfrastructure for electric vehicles, orfirst and last mile access tomajor tronsithobsTh* nowSo|esToxRen*wo| Expenditure Plan allows funds tobespent inall these areas. • We need to extend this mo|eo tax measure now to create o reliable funding stream that enables cost-effective planning for the future. As our current Transportation Sales Tax, Measure A, approaches its expiration date, the ability to enter longer term, more cost- effective contracts is significantly diminished.TAM is very proud of a strong core of over 85 professionally trained school crossing guards. Our schools, parents, and children rely heavily on the safety these guards provide.To maintain the guards ino highly competitive labor environment and to increase the number of guards to address identified safety needs for Marin's students, a multi-year contract is needed,which is impossible if the funds are set to expire soon. Local transit for seniors and people with disabilities similarly relies on high-quality service such as that provided byVVhid|wstop Wheels.Without a steady stream of funds, those contract services could expire and quality providers could bolost.Shoder-te[mcontracts will cost more. • In order to attract new state and regional revenue sources, local funds are necessary. Local funds are essential in TAM's ability to secure the final suite of funds for completing the Highway 101 carpool lanes through the Marin Sonoma Narrows and to attract near- termfondsforbui|dingthenewHighvvuyl0l/|'J80DinactConnoc|o[ tvvopnojecfs essential tnaddressing congestion along the Highway 101 corridor. " We need local transportation funding now more than ever. With f he ongoing uncertainty of federal and state infrastructure doUon' itisessential for Marin County to protect and strengthen its local funding sources. By renewing this county-based funding source, and resetting how the funds can be spent, Marin's local jurisdictions can rely on these funds addressing current and future needs. = VVeneed tmfund those transportation needs that other federal, state and regional funds won't fund. While recently approved state funds under Senate Bill I will provide funds for local streets and roads improvements, and upcoming Bay Area toll bridge funds will substantially fund several major projects in Marin, a number of high priority needs are not funded by any other fund source, such as federal or state gas tuwes' or regional tolls. These include the Safe Routes to Schools Program, the school crossing guards, the Senior DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan IES-2 2Ul& Expenditure Plan Final Plan Mobility Program, planning improvements at our major interchanges on Highway 101, needed funding tostart addressing flooding and sea level rise impacts ontransportation, and a small amount of seed funding to attract innovative solutions to congestion and greenhouse gas emission reduction.Without our local transportation sales tax, none of these needs can buaddressed. ° Every penny generated by this measure will go directly toward local transportation projects and programs inMarin County. Many nfthe core projects and programs Mahn's workers and residents rely upon can only proceed with local funding sources. Without these funds it would be difficult to pay for roadway maintenance, paratransit services, school bus services, and the Safe Routes toSchool program measure.The measure will also provide a source of local matching funds that will qualify essential local projects for millions ofdollars instate and regional matching funds. ° This plan provides strict accountability. Funds generated bythesales tax can only be applied to transportation improvements that will benefit Morin County.These funds may not be used for any transportation projects or programs other than those specified in the Expenditure Plan. An independent Citizen's Oversight Committee will be established that will audit and report annually onTAM'suse ofthe sales tax funds. • This plan provides essential transportation infrastructure and services for people who live and work in Marin County.The Expenditure Plan will improve traffic operations and infrastructure on city streets and highways; fix potholes and maintain local roads; provide transit services within the county, including services for youth, seniors, and people with disabilities; improve air quality; reduce greenhouse gas emissions and create local jobs. U supports on environmentally sustainable future while providing transportation options throughout the county. Specifically, the Expenditure Plan will support the following four categories: l. Reduce congestion on Highway 101 and adjacent roadways. Critical projects funded under the sales tax renewal plan include the Marin Sonoma Narrows and the Highway 101/1-580 Direct Connector, which are essential to the delivery of workers and goods, and the management ofcongestion throughout the county. Anew funding program will begin improving numerous local road interchanges with Highway 101.The funds will serve to attract state and regional foll funds for these essential projects to be completed.These funds will also continue Morin County's successful programs to reduce congestion by working with employers and employees oncommute alternatives and trip reduction. Strategies such as promoting telecommuting, vonpoo|ing' and carpooling incentives, and first/last mile services toregional transit hubs have all proven tobesuccessful ways fo providing qualify options to driving. 2. Maintain, improve, and manage local roads and other infrastructure.The new go|os tax plan substonhoUy increases funding for pothole repair and other local street and mod maintenance and rehabilitation. Funds are eligible for wide variety oflocal road needs' to create uweU-muintained and resilient transportation system.This category will continue our local jurisdictions' recent progress rebuilding, nrpoving, and reconstructing our local roads, including the addition offeatures that support walking, biking, and taking transit. Additional investment over the current sales tax will occur as funds nearly double that are available tolocal cities and towns. Funds can bespent onawide variety of improvements, including toprovide safe and connected bicycle and pedestrian DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan I ES-3 2Ol8Expenditure Plan I Final Plan TranslW11-Atioll Autlioi'iLy Of N1111 it) paths to schools, major transit hubs, and other destinations throughout the county.The funding will also launch new infrastructure projects that promote resiliency and innovation, particularly projects that tackle flooding and sea level rise impacts to our transportation infrastructure.The renewed sales tax funding will increase public availability toalternative fuel facilities, such mselectric vehicle charging infrastructure. Innovative technology for better managing traffic will also be supported, such as the installation of smart traffic signals and real-time transit information. 3. Reduce school-related congestion and provide safer access tpschools.The renewed su|so tax will expand Mohn's award-winning Safe Routes to School program that focuses oneducation, encouragement, safe pathways, and crossing guards to enable students to bike, walk and take the bus to school.The renewed sales tax will add funds tothe current crossing guard program and save more than 20 school crossing guards that would otherwise have to be cut in 2019. |twill maintain the Safe Routes toSchool education and encouragement program inover 60schools and will provide osteady source offunding for both large and small safety-related improvements around schools. Additionally, school bus transit will receive dedicated funding tohelp reduce school-related congestion Vsnoted below. 4. Maintain and expand efficient and effective local transit services.The renewed sales tax will preserve and enhance the array oflocal transit services that many residents and workers rely on. With public input, these services are designed to meet community needs. Under this category, the sales tax enables Marin tokeep and enhance Vrobust local public transit system. Local transit services are dedicated tndelivering workers and students tntheir jobs and schools.The measure will continue support for transit and pouxtrmnxit services for Mohn's seniors and persons with disabilities.The measure will continue to provide unique services such osthe Muir Woods Shuttle and the West Marin Stagecoach.The renewed sales tax will dedicate funds for yellow school bus and other school transit services.The renewed sales tax will provide matching funds for alternative fuel buses' such as all electric buses, and plan for alternatives to traditional transit services. All local transit will bemonitored bythe Citizen's Oversight Committee regarding cost-effective performance. DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan I ES-4 2018 Expenditure Plan Final Plan fro it.,port a lion AntIto.iI of Mat in 20104 Sales Tax Achievements TAM's 2004 half-cent transportation sales tax (Measure A) provided a reliable funding stream for local streets and roads maintenance, major roadway improvements, Safe Routes to Schools programs, and local transit services. This funding stream has provided significant benefits that have helped improve mobility, reduce local congestion, protect the environment, enhance safety, and provide a variety of high quality transportation options to meet local needs. Completed and successful efforts are highlighted below. Highways ■ Completion of the Highway 101 Gap Closure Project in San Rafael, the high- occupancy vehicle (HOV) lane, including the new Southbound 101 to eastbound 1-580 high speed two-lane connector. The project also included the separated (Class 1) multi-use path over Lincoln Hill. Local Transit ■ Developed a local transit system designed to serve the needs of Marin residents and workers traveling within the county. ■ Enabled Marin Transit to pay for and expand local transit services, paratransit services, the West Marin Stagecoach, and the Muir Woods Shuttle. ■ Kept local transit and paratransit fares low. Local Streets ■ Completed major road improvements including 4th Street in San Rafael, Miller Avenue in Mill Valley, Sir Francis Drake Boulevard through Samuel P. Taylor Park in West Marin, and portions of Novato Boulevard in Novato. • Paved and reconstructed hundreds of miles of local streets and roads, representing over$60 million in investment. Safe Routes to Schools ■ Ongoing success of the Safe Routes to Schools program, with an average of over 50% green trips in over 60 schools countywide, teaching kids the healthy habits of biking and walking, and reducing congestion on our roadways. ■ Funded and implemented nearly $20 million in Safe Pathways capital projects to increase safe access to schools. ■ Placement of 88 crossing guards near schools, providing an essential safety service for kids walking and biking to school. DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan I ES-5 .` F� 2018 Expenditure Plan I Final Plan Transporta lion Authority of Marin Figure ES-1 Expenditure Plan Strategies and Funding Summary • %of Sales Tax Est.30-year Revenue Implementation Category Funds Allocation (Millions) 1.Reduce congestion on Highway 101 and adjacent roadways 7.0% $57.9 2.Maintain,improve,and manage local roads and related infrastructure 26.5% $219.2 3.Reduce school-related congestion and provide safer access to schools 11.5% $95.1 4.Maintain and expand efficient and effective local transit services 55.0% $454.9 TOTAL 100.0% $827.0 The Expenditure Plan is a 30-year plan that recognizes changing needs, funding streams, and technologies. Funds will be allocated to the four strategies by specific percentages as stated in Figure ES-1, after taking off the top the necessary funds needed for the administration and overall program management of the Expenditure Plan.This fee is limited to 5%annually.To keep pace with the changing world of transportation, the TAM Board of Commissioners will review the Expenditure Plan every six years to consider amendments. DRAFT Final Marin County Transportation Sales Tax Renewal Expenditure Plan I ES-6 2UlHExpenditure Plan I Final Plan 1, Marin armn County 30-Year ear °� �� W� � ~� � �� 0 �� = � �� 4�� v�� m�r� � �� ° m�0�� Expenditure xpenditure Pl an S ummary UP LAM � A ��HU�� o� o��o��x��n�o�� Transportation projects in Morin County are funded in o variety ofways, including grants from federal and state government, local shares of federal and state gas taxes and vehicle fees, a shore of toll bridge funds' and Muhn's transportation sales fax (see Appendix for glossary of terms). Without o dedicated source of |Vcu| transportation funds' Marin will be eligible for only o fraction of this outside funding.The local sales tax up for consideration of renewal provides most of the fonds needed for transportation over 70% of all fonds received.While federal funding has decreased in recent years, and state funds can be at risk, our voter approved local transportation sales fax is a solid source dedicated to &»ohn. and hos enabled Marin to continue to move hznwond on many key transportation initiatives. ° Marin is one of 24 counties statewide that has passed a sales fax for transportation purposes ° Eight of the nine Bay Area counties have enacted comparable sales fox measures for transportation • Marin currently generates over$25 million onnoo|k/from its half-cent oz|cu tax Since its 2004voter approval, the Measure A transportation sales tax has funded several significant transportation improvement projects. These include: ° The final three miles of o 20-mile cq4zno| lane on Highway 101 ° Substantially increasing local transit service ^ Placement of over 85 school crossing goou]s ° Maintaining and rehabilitating hundreds of rni|ns ofroadways in Marin ° Completing over 50Safe Routes 1oSchool infrastructure projects VVhi|o there can be little doubt about the success of the current transportation xo|ee fax, the measure will sunset on March 31, 2025. If not renewed, the revenues from the existing fax measure will not be able toaddress ongoing core transportation needs in its final years.TAM and its local jurisdiction members will not be able to use the remaining funds to identify and respond to new and changing priorities in Marin. Without stable local funding dedicated to transportation, the county will not be able to provide the matching funds necessary to accelerate and complete major congestion relief projects.This isincreasingly essential as Marin residents and cornnnoteo require more mobility from our infrastructure. A majority of all trips originating in Marin County are mode in private vehicles on roods built to standards established decades ago. While our aging transportation infrastructure is Final Marin County Transportation Sales Tax Renewal Expenditure Plan 114 2018 ExpenditurePlan I Final Plan overburdened, our demand for travel continues to increase.There is no single solution to our transportation needs. Figure 1-1 Typical n Funding Sources Th* Expondi|oneP|onVu||in�so ~' Transportation'-- for Marin County program toextend the existing ^v Federal half-cent transportation sales tax in Morin. It O96 State degree ofaccountability, and the flexibility needed torespond to emerging transportation issues over o30-yeorperiod. 8y extending the sales tax and Regional reconfiguring the Expenditure Plan, 1596 Morin can continue toserve the needs ofits residents without increasing taxes. This ho|f-centtransportation sales tax isexpected togenerate on estimated $27million inits firstLn��| yeor ~~ and approximately$872 million 7296 over 3Oyears.The renewed sales tax attracts funds from federal, state, and regional revenue sources, and fully funds programs serving local needs that cannot be funded any other way.This sale tax renewal is critical to meeting our near-term needs and planning for our long-term solutions.The measure will ensure source of local matching funds that will qualify essential local projects for millions of dollars in state and regional matching funds. Most important, dedicated local funding will enable Morin to set our own priorities for transportation projects. A |oco| revenue source isabsolutely TAM's Mission: essential to Mohn'sability tomaintain core TAM is dedicated to making the most of Morin services while addressing new needs oswell. County transportation dollars and creating an |natypical year, local revenue provides efficient and effective transportation system over 70%ofthe cod of local transportation that promotes mobility and accessibility by projects and programs. FiAou* l-1 illustrates providing a variety of high quality o typical year offunding sources for transportation options to all users. transportation in Morin. Strict accountability and performance measures enamma delivery " Established bythe 20O4sales tax measure, the Citizens' Oversight Committee (COC) is responsible for reviewing the transportation sales fax expenditures.The COC is comprised exclusively of Morin residents who do not have o conflict ofinterest with respect to the transportation sales tax.The committee holds public meetings, oversees an independent audit ofT/\k»'s oo|eo tax expenditures, and issues onnoo| reports to ensure sales tax funds are being spent in accordance with the Expenditure Plan. • For the past 14 years,TAM has maintained an open and public meeting process.TAM ensures adequate public participation in the preparation ofthe measure's funding Final Marin County Transportation Sales Tax Renewal Expenditure Plan 11'2 2Ol8Expenditure Plan I Final Plan Tronspurtation Authwity of Marin allocations.TAM works with the Citizen's Oversight Committee toemploy on independent audit or to audit all sales tax expenditures to ensure f hat expenditures are made in accordance with the sales fax renewal plan.This new Expenditure Plan maintains the same approach to accountability for maximum transparency and oversight. � All funds generated by the sales fax can only be applied to transportation improvements that will benefit Mmhn'slocal cities, towns, and the county.They must bcused for specified transportation projects and programs under the Expenditure Plan. Funds are spent locally " The revenue generated through this transportation sales tax will be spent exclusively on projects and programs that will benefit Marin. ° All the projects and programs included in this Expenditure Plan provide essential transportation infrastructure and services inMorin. Developed with robust public involvement The goals and strategies inthis Transportation Sales Tax Renewal Expenditure Plan represent the culmination ofmonths ofplanning and extensive input from the public, key stakeholders, and cities and towns throughout the county.TAM engaged an Expenditure Plan Advisory Committee (EPAC) and held nine meetings with the committee inthe summer and fall of2Ol7toevaluate existing needs, develop a draft expenditure plan to define specific transportation projects and programs, and provide guidance on the final plan.The EPAC was comprised of a diverse array of stakeholders from throughout Marin.They represent business organizations, labor groups, environmental susfainability organizations, senior and disability advocacy groups, community- basedoqJnnizohons' socio|juohceodvocotas' bicyc|ingodvocotes' ondinc|odegon*ro| representation from all major geographic areas of the county (see Appendix B for a list of the 2017EPACMemban). The EPAC established a 30-year vision to improve mobility and reduce local congestion throughout the county.The EPACestablished oplan that: • Provides revenue for Marin County's long-term transportation needs and vision " Improves mobility and reduces congestion ° Supports an efficient and effective transportation system that protects and sustains Marin County's natural environment and unique quality oflife ° Provides equity for all users, including our vulnerable populations, and grows Marin County's economy for its residents, visitors, and workforce Marin's leadership in considering all modes of transportation serves as a building block toward achieving this vision and reflects the local plans and goals of Marin's towns and cities, transit providers, business community, schools, and residents. TAM also solicited input from all local jurisdictions inMarin.The county and all the cities and towns each had an opportunity to review and comment on the draft Expenditure Plan. LAN COMPONENTS The Expenditure Plan is organized around four categories or strategies designed to meet the current needs of our businesses and residents,while protecting the environment and ensuring Final Marin County Transportation Sales Tax Renewal Expenditure Plan 1i'3 2O78Expenditure Plan I Final Plan TrallS[)OV(atiOf1 Aillholity Of Mill ill the high quality of life enjoyed in Marin. Each category is supported by specific programs that have been designed to provide a high degree of accountability to voters. The revenue generated by a sales tax is variable and dependent on the health of the economy. Recognizing that fact, each program has been apportioned a percentage ofreceipts. /\nestimated dollar amount over the 3U-yeorlife ofthe tax ioalso provided. Asreceipts increase ordecrease, the amounts allocated to each program may fluctuate.The overall percentage will be maintained. The four categories outlined in Figure 1-2 will help achieve Expenditure Plan goals: Providing congestion relief and enhancing mobility, improving infrastructure, and providing diverse choices for all travel modes tobenefit the environment and our community. Figure 1-2 Expenditure Plan Categories and Funding Breakdown %of Sales Tax Est.30-year Implementation Category Funds Allocation Revenue(Millions) 1.Reduce congestion on Highway 101 and adjacent roadways by leveraging non-local funds 7.0% $57.9 to accelerate completion of key multimodal projects. Provide local matching funds to accelerate the completion of the Marin Sonoma Narrows,to 1.5% $12.4 complete the 17-mile carpool lane and multi-use pathway facilities. Provide local matching funds to accelerate the completion of the Northbound Highway 101/ Eastbound 1-580 Direct Connector,including the development of local enhancements to reduce 2.0% $16.5 impacts and enhance the facility for all users. Improve Highway 101 local interchanges and freeway access routes to reduce congestion,improve 3.0% $24.8 local traffic flow,and address flooding impacts throughout the county. Implement commute alternatives and trip reduction strategies to decrease Single Occupant Vehicle 0.5% $4.1 (SOV)trips,increase shared mobility,and reduce peak hour congestion throughout the county. 2.Maintain,improve,and manage Marin's local transportation infrastructure,including roads,bikeways,sidewalks,and pathways to 26.5% $219.2 create a well-maintained and resilient transportation system. Maintain and manage local roads to provide safe and well-maintained streets for all users. Improvements to maximize the efficiency,effectiveness and resiliency of our transportation system to be determined by local jurisdictions and may include: • Paving and repair to roadways,drainage,sidewalks and intersections • Bike lanes and multi-use paths • Safe pathways to transit and bus stop improvements • System enhancements to accommodate new technologies such as signal coordination and real time information 22.0% $181.9 • Investments to address congestion on local street and road corridors • Facilities and support including project management,technical services and outreach to support alternative fuel vehicles,electric vehicles,zero emission vehicles and autonomous vehicles • All investments will consider the needs of all users in accordance with Complete Streets practices that have been adopted in each city,town,and the county • Municipal fleet conversion to alternative fuel vehicles including electric vehicles • Improvements to address sea level rise and flooding on local streets Provide safe pathways for safe walking and biking access to schools. 3.0% $24.8 Develop projects to address and mitigate transportation impacts from sea level rise,including 1.0% $8.3 facilities to support alternative fuel vehicles including electric vehicles. Support operational improvements to local streets and roads through innovative technology. 0.5% $4.1 Final Marin County Transportation Sales Tax Renewal Expenditure Plan 14 2018 Expenditure Plan Final Plan Trimsportatio11 A 11wily of 1Lu'in gll® • • • • 1 "0 • • 1 • 1 1 • • • 1' • • 1• • •/ • • •"•• • • • • 1 0%of Sales Tax Est.30-year Implementation 1• 1Allocation 3.Reduce school-related congestion and provide safer access to schools. 11.5% $95.1 Maintain the Safe Routes to Schools program. 3.5% $28.9 Expand the crossing guard program,providing funding for up to approximately 96 crossing guards 7.0% $57.9 throughout Marin County. Capital funding for small school safety related projects. 1.0% $8.3 4.Maintain and expand efficient and effective local transit services in Marin County,including services to schools and specialized service for seniors and persons with disabilities,to 55.0% $454.9 reduce congestion and meet community needs. Maintain and improve existing levels of bus transit service in areas that can support productive fixed- route service throughout Marin County. •Maintain a network of high productivity bus service in high volume corridors ■ Expand first and last mile transit services for residents and workers 33.0% $272.9 • Provide innovative services in communities that may not support traditional fixed-route service ■ Enhance public safety through Marin Transit's role in providing emergency mobility in the face of natural disaster ■ Provide funding for the Muir Woods Shuttle System Maintain and expand the rural and recreational bus services including the West Marin Stagecoach. 3.0% $24.8 Maintain and expand transit services and programs for those with special needs—seniors and 9.5% $78.6 persons with disabilities including those who are low-income. Provide transit services to schools in Marin County to reduce local congestion. ■ Provide yellow bus services in partnership with local schools and parent organizations 5.0% $41.4 ■ Provide transit routes to schools along high performing corridors Invest in bus transit facilities for a clean and efficient transit system. ■ Provide matching funds for the purchase of the green transit fleet including alternative fuel vehicles and electric vehicles 4.0% $33.1 ■Support the role of Marin Transit in development of a renewed/relocated Bettini Bus Hub ■Support the development of a local bus maintenance facility ■ Improve passenger amenities at bus stops,including real-time transit information Expand access to ferries and regional transit,managed by Golden Gate Transit. ■Expand and maintain connecting ferry shuttle services to address first and last mile connections ■Expand and maintain remote parking locations and other strategies to expand regional transit 0.5% $4.1 access for Marin's residents and commuters ■Expand first and last mile access to regional transit services for access to jobs in Marin County TOTAL 100.0% $827.0 ll�i. I o&�I.,suis sited doll.ii 3nioi�nis a�� ,i,�u„n IY,:C'i8'19 annual ,v:,. u�,ri.�,.,Ploni,aura aie err�Ilusli;iiive ��i >,�;_Crnly. Local transit service provider Marin Transit can transition its bus service over a 1-2 year period to conform with the new priorities as outlined above. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 11-5 2018 Expenditure Plan I Final Plan PLAN IMPLEMENTATION If Measure A Renewal is passed, this Transportation Sales Tax Renewal Expenditure Plan willbe managed by TAM, established in 2004 to plan, finance, and oversee implementation of transportation projects and programs in Marin County.TAM is governed by a board with representatives from each of the cities and towns in Marin County, as well as all five members of the County Board of Supervisors with all meetings held in an open and public meeting process. As with the 2004 sales tox' the Citizens' Oversight Committee (COC),will ov*non the Expenditure Plan's implementation and report its findings directly tothe public. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 11'6 hA 2018 Expenditure Plan Final Plan 2 Marin County 30-Year Transportation Sales Tax Expenditure Plan Details The Expenditure Plan is organized Since Measure A was approved by voters in around four categories designed to 2004, Marin County has: protect the environment and qualify -Created TAM for the purpose of administering the of life enjoyed in Marin County. Each 2004 Marin County Transportation Sales Tax category is supported by specific Expenditure Plan programs that have been designed to -Allocated over$280 million in local infrastructure provide a high degree of funds to cities, towns, and the county. accountability to voters. Recognizing - Funded Marin Transit's local bus service, adding that the revenue generated by a sales over 30 percent more service, including service for fax is variable and dependent on the seniors, frequent service during commute hours, health of the economy, each program additional service to colleges, high schools, and has been apportioned a percentage yellow bus service to elementary schools. of receipts. An estimated dollar .Opened the last three miles of Hwy 101 carpool lane and Lincoln Hill multi-use path through Central amount over the 30-year life of the tax San Rafael is also provided. As receipts increase -Completed funding for the high speed two-lane or decrease, the dollar amounts Southbound 101 to Eastbound 1-580 connector, allocated to each program may opened in 2009 fluctuate, but the specific percentage -Launched Crossing Guard Program,which has will be maintained. since expanded to 88 locations The four categories outlined in Figure - Expanded the Safe Routes to School"Education 1-2 will help achieve the goal of the and Encouragement" programs encouraging Expenditure Plan by providing walking and biking, to over 60 schools. congestion relief and enhancing -Achieved over a 50%green trip rate to schools, mobility, improving infrastructure, and reducing car trips and congestion providing diverse choices for all travel m Completed Major Road Improvements: modes to benefit the environment and o 4th Street in San Rafael our community.The plan components o Miller Avenue in Mill Valley substantially support greenhouse gas o Sir Francis Drake in West Marin emission reduction, to help Marin -Completed over 50 Safe Pathways to Schools achieve its goals to address climate projects change and sea level rise. Over 75%of plan components support alternatives to driving. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-1 ' TAM 2018 Expenditure Plan Final Plan Tro AS puflu lion Authority of Marin Highway 101 is Morin's "Main Street." Over 90%of Marin residents live within five miles of Highway 101. Highway 101 in Marin County is one of the busiest traffic corridors in the Bay Area. Spillover traffic from this congested freeway impacts our cities, towns, and neighborhoods,whether or not we travel on the freeway.This category will reduce congestion on Highway 101 and adjacent roadways by leveraging local funds to accelerate the completion of the Marin Sonoma Narrows and the Highway 101/1-580 Direct Connector and improve local interchanges and freeway access routes. It will also help to fund commute alternatives and trip reduction strategies throughout the county that provide alternatives and incentives for commuters who choose not to commute via single occupancy vehicles during peak hours. Combined, these projects and programs will alleviate pinch-points in the county's overburdened freeway network, prevent spillover traffic into the county's residential and commercial neighborhoods, and provide alternative options for county commuters. What'sin this 1 . ■Provides local matching funds to accelerate completion of the Marin Sonoma Narrows and Highway 101/1-580 Direct Connector ■Provides funding to improve operations and enhance safety at interchanges and access routes to and from Highway 101, throughout the county • Dedicates funding for commute alternatives and trip reduction programs that reduce peak hour congestion What can congestion relief funds be used for? Provide local matching funds to accelerate the completion of the Marin Sonoma 1.5% $12.4 Narrows,to reduce impacts and enhance the facility for all users. Provide local matching funds to accelerate the completion of the Highway 101/1- 580 Direct Connector,including the development of local enhancements to 2.0% $16.5 reduce impacts and enhance the facility for all users. Improve Highway 101 local interchanges and freeway access routes to reduce congestion,improve local traffic flow,and address flooding impacts throughout 3.0% $24.8 the county. Implement commute alternatives and trip reduction strategies to decrease single occupant vehicle(SOV)trips,increase shared mobility,and reduce peak hour 0.5% $4.1 congestion throughout the county. TOTAL 7.0% $57.9 Final Marin County Transportation Sales Tax Renewal Expenditure Plan 2-2 2U18Expenditure Plan I final Plan Ale MAIM Transportation Authwity of Nlmin Marin° Sonoma v�� rarrows These funds will be used by TAM to provide local matching funds to attract and leverage state, regional and federal fonds to accelerate the completion of the Morin Sonoma Narrows, the "Nonnws". The Narrows isosection ofHighway 101that reduces from four lanes totwo lanes in the northbound direction, causing significant congestion north of Novato, and the southbound direction causing significant congestion through Petaluma.The 17-mile corridor has made substantial progress, building new interchanges to address safety-allowing local landowners to access new frontage roads before entering Highway 101 at new interchanges.The project also constructs multi-use pathways for bicyclists and pedestrians, allowing safe travel.The addition of the|od few miles of high occupancy vehicle (H0V) carpool lanes and multi-use pathways will increase person-throughput providing u connection of workers to the job centers in Morin.The completion of the HOV lanes and pathways will promote greenhouse gas emission reduction through shared rides and walk/bike alternatives, and will support transit.The funds in the local sales tax measure will allow TAM to complete design of the final phases of the project and gat if shelf-ready for state and regional toll funds, which are scheduled to provide construction funding.The completion of the Narrows in Morin is being coordinated with the completion of the Narrows in Sonoma County oswell. Highway 101 / 1~580 Connector The entry to the Richmond San Rafael Bridge from Northbound Highway 101 and Sir Francis Drake inMorin is the only toll bridge entry inthe entire Bay Area that requires users totravel through low speed local road traffic signals, causing significant delays to Highway 101' to 1-580 in Morin, and to local roads, especially those in San Rafael and Larkspur. With the opening of the new third lane eastbound on the Richmond San Rafael 8hdAe, it is chhco| that new direct h**vvoy-to-froevvayconnector bebuilt that allows traffic from northbound Highway 101 to access the bridge in on efficient manner. Most importantly, the critical East Sir Francis Drake corridor through Larkspur Landing can then be utilized primarily for access to the upcoming southernmost SMART station, and access to the Golden Gate Ferry, along with supporting |nco| commercial, business, and residential access. Regional trips will berelocated tothe direct frcevvoy`to-fneovvoyconnector tothe north. Proceeds from the renewed local sales tax will allow TAM to begin immediately the public outreach, the scoping, and the environmental studies necessary for building the connector.The funds will allow TAM to develop a project quickly that is shelf-ready for expected regional toll and state funds.These local funds, much osthe Morin Sonoma Narrows,will attract millions of do||om in other funds, and are critical to "getting to the head of the line" to qualify for these state and regional funds. Enhance local interchanges Accessing Highway 10 in Morin bo major source cfcongestion on local roads,which reduces the connectivity ofcommunities across Morin.These funds would beused 1nattract regional, state, and federal funds for ponAoom of improvements to local road interchanges.These improvements would improve the operation and safety of these interchanges for all users, o||nvvng smoother travel 10and from Highway 101 and local roads. The funds provide seed money toperform the planning, the public outreach, and to develop the scope of improvements needed at these interchanges.The interchange planning would Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-3 20l8Expenditure Plan I Final Plan include recommended improvements for all users.The funds would address Highway 101 interchanges at a number of locations in Morin,which may include the eligible interchanges below: ° Tiburon Blvd / East B0hedok* Ave ° Ponzdiur Or/Tomo|pois Dr • Sir Francis Drake Blvd • Son Rafael Dnrumpot2nd Street and Heothedon Ave " Manydo|aRoad / North San Pedro Rd = Manuel TReifosParkway • Lucas Valley /Smith Ranch Rd • Ignacio Blvd • San Morin Drive / Atherton Ave ° Sausalito / Morin City ° Alexander Avenue Implement Commute Alternat^ ves �� Trip Reduction�° �� ° �� x��x�� n��x�gies Commute alternatives and trip reduction strategies encourage residents, employees, and visitors to use more environmentally friendly and efficient modes,with on *rnphosb on transit, cycling, walking, and shared rides.Supporting first and last mile connections to transit through innovative approaches can also support congestion reduction and remove the need for vehicle ownership. Existing successful programs can besustained with these funds, such osTAM's Yonpoo| Incentive Program, Emergency Ride Home Program, and Emp|uyerTe|ecommute initiative. New programs can be developed as well, such as a continuation of TAM's LYFT hdeohohng incentive pilot forfinV|ust mile access to major transit hobs; coohohng and bike- sharing support; and shored mobi|ify programs, to reduce the need for vehicle ownership. 2018 Expenditure Plan I final Plan 'Crnnsporlalioa 9utlwriqol'�lari� Every trip begins or ends on a local road. Pedestrians, bicyclists, bus passengers, and drivers of all types depend on a well-maintained and effective local roadway network that serves travel both within and between communities. What's new in thisplan: ■ Increases funding going to local jurisdictions for local priorities, almost doubling the$60 million spent to date • Improves transportation's resiliency,especially roads and related infrastructure,to flooding and sea level rise throughout the county ■ Promotes innovative transportation investments with a priority to matching public and private funds ■Supports facilities for alternative fuel vehicles,including electric vehicles e What can transportation infrastructure funds be used for? Maintain and manage local roads to provide safe and well-maintained streets for all users.All investments will consider the needs of all users in accordance with local practices(i.e."Complete Streets"practices)that have been adopted in each city,town,and the County. Improvements to maximize the efficiency, effectiveness and resiliency of our transportation system to be determined by local jurisdictions and may include: • Paving and repair to roadways,drainage,sidewalks and intersections • Bike lanes and paths • Safe pathways to transit and bus stop improvements • System enhancements to accommodate new technologies such as signal 22.0% $181.9 coordination,real time information • Investments to address congestion on local street and road corridors • Facilities and support including project management,technical services and outreach to support alternative fuel vehicles,electric vehicles,zero emission vehicles and autonomous vehicles • Municipal fleet conversion to alternative fuel vehicles including electric vehicles • Improvements to address sea level rise and flooding on local streets Provide safe pathways for safe walking and biking access to schools. 3.0% $24.8 Develop projects to address and mitigate transportation impacts from sea level rise,including facilities to support alternative fuel vehicles including electric 1.0% $8.3 vehicles. Support operational improvements to local streets and roads through innovative 0.5% $4.1 technology. TOTAL 26.5% $219.2 Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-5 20l8Expenditure Plan I final Plan hd � ' of N11100 Maintain and Manage Local Road s Local roads are the largest single public investment hlthe county. Without owell-designed and maintained local roadway system, there are limited opportunities to deliver people and goods to places of work and home, provide adequate bus service or to connect bikeways and pedestrian pathways through the county.This category will accelerate our local jurisdiction's recent progress repaving, reconstruction, redesigning, and managing local roads, and providing safe and connected bicycle and pedestrian paths to schools, major transit hubs, and other destinations throughout the county.The category will also launch new transportation infrastructure projects that promote resiliency and innovation, particularly projects that tackle flooding and sea level rise and enhance transportation technologies such uselectric and autonomous vehicles, smart traffic signals and real-time transit information.The goal of the projects included inthis category is10minimize traffic conflicts and improve operations and traffic flow for all people and transportation modes using the roadway.The program is designed to improve mobility for all mod users, including those who drive, bicycle, walk, and fake public transit. The need for a prolonged and consistent funding stream for local road projects is clear. A recent study completed by the Metropolitan Transportation Commission (MTC) projects that Marin County will have a shortfall of$890 million over the next 25 years for maintenance of existing roadways.This anticipated shorffoUaccounts for existing local funds from bonds and other nneosor*s' such as the recently implemented State Gas Tax (SB I). Even with the availability of these funds, there is still a need for local funding sources to address the maintenance and repair of local roads and sidewalks, many of which have pavement conditions that have declined over the last 10 years. Failing f o maintain our roads now will be even more costly later, as roadway conditions deteriorate and cod more to maintain. Our road investment will support all transportation modes. Funded projects must consider the needs of all roadway users. Local jurisdictions, as project sponsors,will be encouraged to coordinate with adjacent jurisdictions to maximize economic efficiency and minimize construction impacts.The goal is to develop a comprehensive plan for improving critical roadways at the time an investment is made.Where feasible, locally defined bicycle and pedestrian projects will be implemented in conjunction with other roadway improvements. Funds utilized are eligible |obrspent onthe following: • Paving, reconstruction, and repair to roadways, including drainage, lighting, landscaping and other roadways system components " Sidewalks, bikeways, and multi-use pathways " Safe pathways totransit and bus stop improvements " System enhancements toaccommodate new technologies such ussignal coordination and real time information • Facilities to support alternative fuel vehicles, including electric vehicles and autonomous vehicles Local Jurisdictions will provide an Annual Report on expenditures, indicating the use of funds, any carry-over funds and their intended use.The Annual Report will include the amount spent Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-6 20l8Expenditure Plan I Final Plan ear- that year, total estimated project costs, total expenditures to date and a brief description including photco' locations, and benefits cfthe projects. A breakdown cfexpenditures bytravel mode share istoboincluded inthe report. ��u�� oxx Safe Pathways , ways Safety-re|ofed projectsfundodthroughthbmeosurrvvou|do|soinc|ud* schnol-re|atedpnojects such osSafe Pathways tVSchools. Safe Pathways is the capital improvement element ofthe Safe Routes toSchools program. Where the Safe Routes program identifies circulation improvements needed for safe access to schools, the Safe Pathways program provides funding for the engineering, environmental clearance, and construction of pathway and sidewalk improvements in all Marin County communities, including safety improvements at street crossings. Safe Pathway projects have historically attracted matching funds from other sources and may beused in combination with road funds |naccelerate pathway improvements in school areas. Although Safe Pathways projects target improvements around schools, they benefit the entire community, creating o safe network ofbicycle and pedestrian facilities, enhancing safety, and reducing local congestion. Safe Pathways funds shall beavailable tn local jurisdictions and will be distributed on o competitive basis to jurisdictions following o Co|| for Projects managed by TAM. Sea Level Rise and Resiliency Marin's transportation infrastructure is sited along vulnerable bay frontage that is at increasing risk of flooding and erosion from sea level rise and king fide events.This funding would be utilized to support protecting and adapting Mohn's roadways and related infrastructure tothe effects of sea level rise and flooding.These funds can be used toserve os seed money tofind solutions, attract matching grants and leverage private investments to meet the challenges and vulnerabilities identified in numerous planning efforts including those of Bay Wave, and CSMART. The funds can also beutilized for facilities tosupport alternative fuel vehicles including electric vehicles. Seo Level Rise and Resiliency funds shall beavailable toeligible recipients including local jurisdictions and will be distributed on o competitive basis following o Call for Projects managed by TAM. 8 �~ T �� U o �� .u�v�� "��vv��oogy With changes occurring to the transportation world from autonomous vehicles and shared mobility services like Uber and Lyft, this program would provide funding for innovative transportation improvements. Funds locally can create opportunities for matching funds' particularly from both public grants and private investment. Funds could be used toprepare our roadways for the transportation needs ofthe future. Investments can include o variety of elements, including adaptive signal systems, autonomous vehicle corridors, and smart roadway infrastructure. Innovative Technology funds shall beavailable tnlocal jurisdictions and will distributed on u competitive basis following o Call for Projects managed by TAM. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-7 YAM 2078Expenditure Plan | Final Plan 111i'll-t 00 ENO so In Marin County, school-relafed trips have a significant impact on traffic congestion. Along key roadways peripheral to schools, automobile traffic attributable to school trips comprise anywhere between 15 and 30 percent during the weekday a.m. peak period.Since implementation of the Safe Routes to Schools program, traffic in the vicinity of participating schools has decreased. Everyone who travels in Marin County recognizes how much lighter traffic is on days when our kids are out of school even when if is not a common day off for workers. Student drop-off and pick-up trips create severe local congestion at arrival and dismissal times, while also decreasing safety for those who walk and bike to school. Reducing single student vehicle trips to schools will have the immediate benefit of reducing congestion, as well as long- term benefits to the health of students and families, and the creation of lifelong sustainable habits. This category will save more than 20 crossing guards that cannot be funded with the current measure and will expand the crossing guard program to u total of 96 guarded locations. If will maintain the Safe Routes to School education and encouragement programs at over 6Oschools in Marin. Finally, on increase in Safe Pathways funds will provide o steady source of funding for safety-related improvements around schools, including small projects that can be implemented quickly to oddnso priority needs. Note school bus service is funded in the Transit funding category provided in the Meoso/n' not the Safe Routes to Schools program. What's new in this plan: •Keeps in place over 20 crossing guards that would otherwise be cut in 2019 due to rising costs • Expands the Crossing Guard Program from 88 sites to approximately 96 sites • Establishes a new category of investment—small safety-related projects around schools • Keeps the high quality education and encouragement programs in our schools-maintaining the over 50%green trip rate in our over 60 participating schools •Sustains all aspects of our vital Safe Routes to Schools program What can school access funds be used for? Maintain the Safe Routes to Schools program. 3.5% $28.9 Expand the crossing guard program,providing funding for up to approximately 96 7% $57.9 crossing guards throughout Marin County. Capital funding for small safety related projects. 1.0% $8.3 Final Marin County Transportation Sales Tax Renewal Expenditure Plan 2-8 20l8Expenditure Plan I Final Plan TranspOrtaliOn Antholi(y'If Mal hi Safe Routes tSchools s Safe Routes to Schools (SR2S) is a proven program designed to reduce local congestion around schools while insfilling healthy and sustainable habits in our young people.The program includes several components including classroom education, special events, and incentives for choosing alternative modes toschools, oswell ms technical assistance toidentify and remove the barriers to walking, biking, carpooling, or faking transit to school.The program, which is currently managed by TAM is in its 18th year of operation and has proven its ability to increase alternative mode use to schools, with over 60 participating schools, and an average of over 50%green trips -wV|king' biking, and taking transit-toand from participating schools. The Measure A transportation sales tax has been the primary source of funding for Safe Routes to Schools since 2004.The sales tax extension will provide revenue for the successful Safe Routes program tocontinue expanding across Marin County. School Crossing ross~ng Guard s One ofthe greatest barriers tousing alternative modes |oschools is the difficulty ofcrossing k4ohn's busiest streets. Even with infrastructure irnpnnvonnenb' parents are reluctant to allow their children to walk or bike to school if they must cross a busy street. While some schools operate volunteer crossing guard programs, experience suggests that this is not a reasonable long-term strategy, as volunteers can be difficult to maintain.Since county voters approved the 2004 transportation sales tax,TAM has expanded its crossing guard program to over 85 locations throughout the county.These services are contracted |oaprofessional company that specializes in crossing Auonj programs to ensure that there are well-trained crossing guards with buck-upsfornve/yc/itico|intemechon' ondthepn)grVmisprofeoinno||ymonogedvvith |owhsk and liability. The crossing guard program has become central feature ofMohn'sschool safety efforts, but program funding is at risk without a new funding source.The implementation of the Sales Tax Renewal Expenditure Plan will enable TAM to keep from having to cut over 20 guards in 2019 due to rising costs.The new funding will allow the program to increase from 88 crossings guarded, to 96 locations beginning in 2019.The intersections will be prioritized by the Public Works Directors and approved byTAM. Small Safe athways Pro~ects and Safety-Related Pro~ect s Sofety-ns|qtod projects funded through this measure will also include smaller safety and programmatic projects not covered by category 2, Safe Pathways toSchools.Small scale safety improvement devices that may not compete for larger grant programs such as signal upgrades, rectangular rapid flashing baocons, and other flexible technology improvements would be included in this program. Small Safe Pathways funds will be available to local jurisdictions and will be distributed on n competitive basis following o Call for Projects managed by TAM. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-9 2Ol0Expenditure Plan Final Plan As we attempt to mitigate congestion on our roads and freeways, and reduce greenhouse gas emissions in our communities,we must continue to support diverse, efficient, and sustainable transportation options. k4ohn'stransportation goals extend beyond the necessity ofcongestion relief toinclude options that promote mobility and maintain the quality oflife that residents of Morin County currently enjoy. This category contains a variety of transit programs that work together with the other Expenditure Plan strategies to develop sustainable and responsive alternatives to driving for variety of trip purposes in Morin. It provides Morin with on efficient transit system that reduces greenhouse gas emissions and meets the needs ofthose who travel between and within the county's many communities. This local sales tax measure provides the only dedicated source of funds for local public transit services in Morin County. Morin Transit will plan and implement services that are tailored to the needs of Morin's workers and residents.These funds dramatically increase the county's opportunities to match orleverage state and federal funding sources to maintain and further enhance local transit service. Morin Transit will work with the public, and Mohn'scities and towns, |odesign and deliver orange ofservices.Transit services will bndesigned 1nfurther reduce greenhouse gas emissions and deploy smaller, cleaner vehicles that reflect thaneeds nfour neighborhoods. To respond to changes in demand for bus transit services over the Expenditure Plan's 30-year life, Morin Transit will continue to update its Short Range Transit Plan every two years,with significant opportunities for public input.The Short Range Transit Plan enables the measuring of the effectiveness of bus transit investments and helps to envision and plan for future transit services. Morin Transit will provide updated performance data toTAM annually and for use indeveloping local climate action plans and greenhouse gas reduction strategies. n�F 2018 Expenditure Plan Final Plan Trnnsporin lion 9utliority of Maria •' o o. • e • 1 •r r o e• • •• •• • e r •- • • • •e • • •o o• r• r What can local bus transit funds be used for? Maintain and improve existing levels of bus transit service in areas that can support productive fixed-route service throughout Marin County. ■ Maintain a network of high productivity of bus service in high volume corridors ■ Expand first and last mile transit services for residents and workers ■ Provide innovative services in communities that may not support traditional fixed-route 33.0% $272.9 service ■ Enhance public safety through Marin Transit's role in providing emergency mobility in the face of natural disaster ■ Provide funding for the Muir Woods Shuttle System Maintain and expand the rural and recreational bus services including the West Marin 3.0% $24.8 Stagecoach. Maintain and expand transit services and programs for those with special needs—seniors, 9.5% $78.6 and persons with disabilities,including those who are low-income. Provide transit services to schools in Marin County to reduce local congestion. ■ Provide yellow bus services in partnership with local schools and parent organizations 5.0% $41.4 • Provide transit routes to schools along high performing corridors Invest in bus transit facilities for a clean and efficient transit system. ■ Provide matching funds for the purchase of a green transit fleet including alternative fuel and electric vehicles ■Support Marin Transit's role in the development of a renewed/relocated Bettini Transit 4.0% $33.1 Center ■Support the development of a local bus maintenance facility ■ Improve passenger amenities at bus stops,including real-time transit information Expand access to ferries and regional transit,managed by Golden Gate Transit. •Expand and maintain connecting ferry shuttle services to address first and last mile connections ■ Expand and maintain remote parking locations and other strategies to expand regional 0.5% $4.1 transit access for Marin's residents and commuters ■ Expand first and last mile access to regional transit services for access to jobs in Marin County TOTAL 55.0% $454.9 Maintain Improve Existing Levelsof' Bus Transit Service The Expenditure Plan will renew and expand Morin's local bus transit service funding to ensure that service levels are maintained and increased in the long term,with focus on the leveraging of other funds.This program provides the county with the necessary financial independence to ensure that local bus transit service supports countywide goals for enhanced mobility and to meet the needs of residents and workers both now and in the future. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-11 001 40 20l8Expenditure Plan I Final Plan To maximize the effectiveness of Morin County's transit dollars, Morin Transit regularly develops a short-range outlook, called the Short Range Transit Plan (SRTP), which is updated every two years. The SRTP is a 1 0-year service plan and financial outlook, with f he most recent plan for the 2018 to 2027 period.The SRTP planning process will provide several opportunities for public input from all areas ofthe county, enabling Morin tostrategically Bus Transit 'Investments target transit investments over the will be evaluated every two years through a transit 30-yeorlife ofthe Expenditure planning process that includes extensive public input from Plan. All transit investments will be all areas of the county.Transit investments will be evaluated based ononanalysis prioritized based on an analysis of the following cfoconsistent set of measurable performance criteria: performance-based criteria to - Fills a gap in the bus transit network ensure that funds are spent where -Meets productivity standards based on passengers per hour they will provide the greatest a Meets cost effectiveness standards based on subsidy per trip benefit. Morin Transit adopts the x Relieves congestion as measured in total ridership final local SRTPinopublic hearing ' Provides seamless connections to regional service prior tosending the plan toTAM, a Eliminates"Pass ups" or overcrowding on existing routes which approves the SRTPina - Promotes environmental justice based on demographic public forum. analysis -Attracts outside funding sources,including federal,state,and This category will provide funding toll revenue as well as other local funds tomaintain and improve intercommunity bus transit service and service along major bus transit corridors throughout Morin County. Morin Transit operates a number of bus transit corridors that have frequent service and boost high ridership numbers Vtpeak hours.These include: * All day services in tho Canal-dovvn|own Son Rafael-Morin City corridor ° Services between San Rafael and San Anso|mo ° Services tolocal colleges * Peak period services to major employers in Novato, San Rafael, and other locations While frequent service is critical along major corridors, there are transit markets and communities within Morin County that may be better served with smaller transit vehicles or on demand services.The Short Range Transit Plan will plan for micro transit, on-demand services, or small buses and community-based shuttles to address specific markets in Morin's less urban areas.The West Morin Stagecoach is an example of a transportation system developed at the grassroots level that has exceeded expectations.This success can b* replicated inother areas inMorin. Each community will have the opportunity to work with Morin Transit to define their highest priority local transit needs and toidentify potential solutions such qs shuttles oron-demand services using appropriately sized transit vehicles. There are also programs that provide discounts to low-income riders to support mobility and access to jobs and basic services for those with no alternative. Maintain and Expand Rural and Recreational Bus Services Morin's rural and recreational bus services have proven remarkably successful in reducing congestion and improving mobility for Morin County residents and visitors. These are primarily the West Morin Stagecoach and the Muir Woods Shuttle. What were once small pilot programs have become essential f ransportaf ion services wif h constantly growing ridership. Despite f he success Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-12 N,.. kA 2018 Expenditure Plan I Final Plan =Frz TonSI)w1alion Aut writy of Vhvin of these services, there is limited funding available for them beyond the lifespan of the existing transportation sales tax. Renewing the sales tax will maintain funding for these rural and recreational bus services. Maintain and Expand Transit Services and Programs for These with Special Needs Nearly everyone knows a senior or a person with a disability who needs help with his or her day to day mobility needs.The availability of a high-quality alternative to driving enhances safety on the roads, and the quality of life of people who depend on these services. Marin Transit currently contracts with Whistlestop Wheels to provide specialized services for older adults and persons with disabilities.These services are essential to keep Morin's resident's mobile and independent as they get older. Services for seniors and persons with disabilities are planned with the support of the Marin Mobility Consortium,which advises Marin Transit on the needs of these communities and receives public input from all areas of the county.With support of the 2004 sales tax, there have been many successful programs, including new shuttle services and scheduled group trips. Renewed funding will allow these innovations to continue and expand to serve Morin's aging population. This program will also extend funding for low-income seniors and people with disabilities. Provide Dedicated Funding for Transit Services to Schools in Marin County -to Reduce Local Congestion Safe Routes to Schools program benefit students and families in close proximity to Marin schools, educating and encouraging walking and biking. Public transit and yellow school bus services provide service for students with longer trips to school. Despite recent improvements to school transportation services, many schools in Marin County are still insufficiently served by school bus programs and public transit routes.The Expenditure Plan builds on the current school transportation program to help expand yellow school bus services in partnership with local schools and parent organizations and expand and better coordinate public transit routes to schools. Support for enhanced school-oriented bus services is also integral to this category. Marin Transit will continue to work with schools to time transit services to school bell times. The school service category also provides ongoing assistance for our youth and the lowest income families who are unable to afford current transit fares.The youth discount program funded from this category works in tandem with other school enhancements to develop early and life-long transit riding habits. Invest In BusTransit Facilities for Clem and EfficientTransit System Innovative bus transit operations will require an investment in vehicles and facilities.This will include funding for a green transit fleet, new bus transit hubs for efficient and safe transferring between routes, constructing a local bus maintenance facility, and new amenities at bus stops, including real-time transit information. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 12-13 kA 20l8Expenditure Plan final Plan Transitioning to a fleet of green transit vehicles will help the county reduce its carbon footprint and save costs in the long term,without compromising service. Deployment of green vehicles aligns with Marin County's values regarding environmental sustainability. Battery technology continues to improve, and costs of electric bus technology continue to decrease. Many Marin Transit routes are well suited to electric bus operations,with transit centers at one or both termini, and varied topography (regenerative braking and downhill power generation helps with battery charging). Bus transit facilities investments will be prioritized to coordinate with transit service projects. High priority will be given to opportunities to match or leverage funds to help transportation sales tax dollars gofarther.Top among these are transit hubs, bus stop improvements, and onew bus maintenance facility. Bus stops will be redesigned with a variety of new amenities.These may include street furniture, shelter, landscaping, lighting, bus maps and schedules, and real-time information. This category bintended toprovide Marin County with onefficient transit system that fully meets the needs cf those who need or wish to travel both between and within communities via bus or shuttle transit. Increasing support for mobility alternatives will provide options for those who either cannot or choose not to drive for all of their trips. Expand �� Ferries �� Regional � � `� �� ^�� n�� °��n m��, Marin County residents and workers now have expanded regional transportation options to improve regional mobility, particularly during commute hours. Locu| residents and wmrk000ften require fimtand |oot mile connections tomake these regional options accessible, including access to the ferry and express bus services.This category helps to expand and maintain connecting ferry shuttle services, remote parking locations adjacent to transit hubs, and other last mile solutions that provide regional access for Mahn'sresidents and commuters. Services on these corridors require larger buses to address capacity needs.They operate frequently to meet existing demand, and attract ridership, Services on these corridors require larger buses to address capacity needs.They operate frequently to meet existing demand, attract riders, and make connections with regional bus services. Regional bus services on the Highway 101 corridor also provide essential transportation services to Marin residents and employees traveling locally within Marin County and regionally toSonoma and toSan Francisco. The Sales Tax Renewal Expenditure Plan provides dedicated funding to improve access to regional bus and ferry service provided bythe Golden Gate Bridge, Highway, and Transportation District.The funds are envisioned tosupport Golden Gate Transit intheir regional transit efforts and are contingent on Golden Gate maintaining their bridge toll revenue that currently funds these regional services. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 1214 2018Expenditure Plan Final Plan Toosiwrbtion A01i-ity of Marin Transportation �� &� � �� 0�� = � �� m��00 ��mn�� n�� ~�� m�� 0 �n��0 ��n�� n�0� � ~�= � �� Structure �� Organizational �� n�� '� ��m �� m� �� 0n�� Transportation �� °� � �� ° �� K�uuv��"�y ��x x�n�� x�� This transportation sales tax is authorized under the Local Transportation Authority and Improvement Act, California Public Utilities Code Section l80O00etseq. |napproving this tax, the voters will authorize that TAM be given the responsibility ho collect and administer the 1om proceeds. All monies/oio*d by this sales tax will be available for expenditure only as identified in the Sales Tax Renewal Expenditure Plan.The makeup of TAM's governing board is as follows: • All five members ofthe Marin County Board ofSupervisors = One representative from each ofthe ll incorporated cities and towns in Marin County All representatives toTAM'sgoverning board are elected officials within k4ohn County.This composition provides a balance between the needs of the county as a whole and the priorities ofindividual cities, towns, and communities. TAM was initially established for the purpose of authorizing and implementing the county's 2004 voter-approved transportation sales tax.TAM will continue this role in the authorization and implementation ofthis sales tax. Once approved by Marin County voters, the duration of the Measure A Renewal tax will be 30 years from f he initial year of collection, which will begin on April 1, 2019.This new Expenditure Plan will replace the existing one.The new fax, at the some half-cent level, will essentially extend the existing tax to March 31, 2049. This new Expenditure Plan will also take affect April 1,t, 2019, and will remain in place until March 31,t, 2049, unless amended in accordance with requirements as stated later in this plan. Staffing and Administration TAM will hire the staff and professional assistance required toadminister the proceeds of this tam and carry out the mission outlined in the Sales Tax Renewal Expenditure Plan.The total cost for administration and program management will not exceed 5% of the revenues generated by the transportation sales tax. Other administrative and operational costs are included in the 5% allowance.This isconsistent with the current sales tax plan. Strategic Plan for Sales Tax M easure All of the categories included in this Expenditure Plan are considered essential for the transportation needs ofMarin County.TAM will prepare an Annual Strategic Plan,which will identify the priorities for projects and the dates for project imp|emenfohnnbosedonpnoject readiness, ability to generate matching or leveraged funds, need for borrowing and other Final Marin County Transportation Sales Tax Renewal Expenditure Plan 13-1 Al 2018Expenditure Plan I Final Plan relevant criteria.The Annual Strategic Plan most be approved bythe TAM Board, following noticed public hearing on the draft Annual Strategic Plan and a 30-day public comment period. The allocation of funds described in this plan will be achieved over the life of the Expenditure Plan and may vary from year to year only as approved in the Annual Strategic Plan and only in such a way that the distribution will not change over the life of the plan, unless the plan is specifically amended. If amendments occur in the Expenditure Plan, the obligation for payment established through bonding or borrowing must fully be met as a priority. Bonding or borrowing could be considered for major projects including highway improvements or a major transit operations and maintenance facility. Bonding, Financing, �� Existing �= Commitments � ��, x ��, �� u�� n��1s With the renewed transportation sales tax revenues,TAM will have the ability to bond and use other financing mechanisms to expedite the delivery of transportation projects and programs. In D\M's Annual Strategic Plan any recommended financing strategy use ofbonds, including estimated costs of issuance, potential ratings and repayment terms,will be provided and available for public comment before any bond sale is approved by the TAM Board TAM will set aside up to $2.35 million annually for continuing to fund an existing commitment to make improvements to several major roads of counfywide significance in Marin and to fund the approaches fothe Richmond-San Rafael Bridge onEast Sir Francis Drake and the Vffrompfrom Northbound Highway 101 to DeUom Boulevard.This Major Road Reserve will replace the Bond Debt Reserve identified in the original 2004 Measure ASales Tax Expenditure Plan.This set-aside will occur for approximately 14 years, or until unallocated commitments as defined are met. Unallocafed Major Roads carryover commitments by planning area are limited to the following pnugvannrnnd amounts: North $l l.687nniUion. Central $12.522rniUion' South $1.897rni||ion' Ross Valley, $ll]]7OmiUion' West $74,000. UnoUocotedRichmond-San Rafael Bridge approaches carryover commitment bapproximately$3]} million. Accountability` ^ TAM's business will be conducted in an open and public meeting process.TAM will approve all programming and allocations offunds described in this document and will ensure that adequate public involvement hos been included in the preparation of all spending plans.TAM will be required to hire on independent auditor who will audit all sales tax expenditures' ensuring that expenditures are made in accordance with the Expenditure P|un, as overseen by the Citizens' Oversight Committee. TAM will be guided by an Administrative Code covering all aspects ofits operation. C8Hzmmo, Oversight Committee The Citizens' Oversight ConnrniMe* (COC) created in 2004 will be continued.The CDC reports directly to the public and is charged with reviewing all ofTAM's expenditures.The committee is responsible for the following tasks: ° The committee holds public hearings and issues reports, nnotleast on annual basis, to inform Marin County residents how funds are being spent.The hearings are open to the 2Ul8Expenditure Plan I final Plan public and held in compliance with the Brown Act, California's open meeting law. Information announcing the hearings is well-publicized and posted inadvance. ° The committee has full access to TAM's independent auditor whose work they oversee. The committee has the authority to request and review specific information and to comment onthe auditor's reports. • The committee publishes an annual report. Copies of these documents are made widely available tothe public oflarge. The COC is designed to reflect the diversify of the county.The committee consists of 12 members. Each organization represented on the COC nominates its representative,with final appointments approved byTAM'sgoverning board. Membership isosfollows: • One member is selected from each of f he five planning areas in Marin County by TAM Board members representing that area (Northern Marin, Central Marin, Ross Valley, Southern Marin, and West Mohn). (Totaling 5members) " Seven members are selected to reflect o balance of viewpoints across the county.These members are nominated by their respective organizations and appointed by TAM's Board, osfollows: - One representative from otaxpayer group - One representative from the environmental organizations of Marin County - One representative from o major Marin employer - One representative from the Paratransit Coordinating Council representing seniors and persons with disabilities - One representative from the League ofWomen Voters - One representative from an advocacy group representing bicyclists and pedestrians - One representative from oschool district Amendments tthe Expenditure Plan The Expenditure Plan must be reviewed every six years following passage to ensure that it responds to a rapidly evolving transportation landscape, incorporates innovations, and reflects current priorities.The TAM Board may also consider an amendment, adhering to the process below, at the point of the six year review or at any time deemed necessary during the life of the Expenditure Plan.The TAM Board cannot increase the sales fax through mnamendment process; any increase inthe level oftax must baapproved byvoters. Amendments must continue 1ofulfill obligations for long-term contracts, bonding and financing; any such amendments will be subordinate toany sales tax lien against any bond issuance. Tnmodify this Expenditure Plan, onamendment must beapproved byotwo-thirds majority of the total commissioners onTAk»'sBoard, onoticed public hearing and o45'doypublic comment period. Following f he two-thirds vote, any plan amendment will be submitted to each of the cities and towns in Marin County and to the Board of Supervisors for their approval. Amending the Expenditure Plan will require a majority vote of 50+%of the cities or towns representing S0+%ofthe incorporated population, as well as o majority vote nfthe 8nond of Supervisors. Final Marin County Transportation Sales Tax Renewal Expenditure Plan 13-3 2018 Expenditure Plan I final Plan 4 Implementing mplemen0ing Guidelmnes This Expenditure Plan isguided byprinciples that ensure that the revenue generated by the transportation sales fax is spent in the most efficient and effective manner possible, consistent with the desires of the voters of Marin County.The principles outlined in this section provide flexibility needed toaddress issues that may arise during the life ofthe Expenditure P|an.TAM's specific operations are further addressed inits Administrative Code. l. TAM is charged with a duty in administering the transportation sales tax proceeds in accordance with the applicable laws and this Expenditure Plan. Receipt of these tax proceeds may b* subject tnappropriate terms and conditions osdetermined byTAM in its reasonable discretion, including, but not limited to, the right torequire recipients to execute funding agreements and the right to audit recipients' use of the fax proceeds. 2. TAM will have the authority to bond and use other financing mechanisms for the purposes ofexpediting the delivery oftransportation projects and programs pursuant fn l4M's Annual Strategic Plan. Bonds, ifissued,will bepaid for from the proceeds ofthe sales tax. 3. TAM will annually review and update their Debt Management Policy to identify financing guidelines, required reserves, procedures, and infernal control oversight to ensure that bond proceeds will be directed only to their intended use prior to any bond issuance. 4. Any project funded by borrowing or financing may not be amended unless or until the financing obligation has been met; any such amendment will be subordinate to any sales tax lien against any bond issuance. 5. TAM will also be able to use other means to assure the delivery of projects and programs, including seeking outside grants and mafching or leveraging fax receipts to the maximum extent possible, including the usage ofinterest revenue generated bythe sales tax. 6. Funds may be accumulated by TAM over a period of time to pay for larger or longer- termpnojuc1sorprognoms. All interest income generated bythe sales tax can only be spent for tho transportation purposes authorized bythis Sales Tax Renewal Expenditure Plan. All use of sales tax interest revenue shall be solely determined bythe TAM boord, in onoticed public meeting. 7. TAM will have the ability toset aside qreserve fund ofopfol0%ofthe annual transportation sales tux receipts for contingencies, toensure acushion ifeconomic decline occurs that adversely affects the collection nfthe sales tax.This reserve isin addition tothe Major Roodsn*oemetomeetexishngcommi|monb. 8. All meetings of TAM will be conducted according to sf ate law, f hrough publicly not iced meetings.The interests of the public will further be protected by the Citizens' Oversight Committee, described previously inthis Expenditure Plan. 9. TAM will be responsible for creating an Annual Strategic Plan detailing the use of the sales tax revenue for the coming year. The Annual Strategic Plan will require the approval of two-thirds of commissioners at a hearing that is open to the general public.The Annual Final Marin County Transportation Sales Tax Renewal Expenditure Plan 14-1 2018 Expenditure Plan I Final Plan Authority of AIRAO Strategic Plan will bureleased inadvance for u minimum of38days for public review and comment. 10. Under no circumstances may the proceeds of this transportation sales tax be applied to any purpose other than for transportation improvements benefiting Marin County and specified in this Expenditure Mon. Funds can be utilized tureimburse the cost ofplacing the sales tax measure nnthe ballot. Any transportation project orproAromnn1so specified will require onamendment tothis Expenditure Plan. 11. Revenue generated by this sales fax will not be used to extend or operate SMART, support parks and open space, or to fund the planning, construction, or renovation of housing. 12. Actual revenues may be higher or lower than expected in this Expenditure Plan, due to changes in receipts and/or matching or leveraging capability. Estimates of actual revenue will be programmed annually by TAM during its annual budget process, and included in the Annual Strategic Plan. Because the Expenditure Plan is based on percent age distributions, dollar values listed are estimates only. Actual revenues will bo programmed over the life ofthe Expenditure Plan based on the percentage distributions identified herein. 13. The actual requirement for funds in a specific project or program could be higher or lower than expected due to changes in funding outside of this transportation sales tax, or due to changes in project or program costs or feasibility. Funds are limited to what is available in this expenditure plan in the event project or program costs are higher. Should the need for funds for any project orprogram within one ofthe 4 major categories be less than the amount to be allocated by the sales tax, or should any project or program become infeasible for any reason, funds will first be reprogrammed to other projects or programs in th*same major category with approval from theTAM Board at a noticed public hearing.Should the need for funds in the entire major category be less than the amount to be allocated by the transportation sales tax,TAM's Board may amend the Expenditure Plan to reallocate funds to any of the other major categories following its procedures for onamendment. l4. Projects fundedwiththesotnonspodotiVnso|*s fax funds will besubject tocompleting appropriate California Environmental Quality Act (CEQA) required actions and other environmental review oxrequired. 15. TAM will have the capability of loaning Measure A Renewal sales fax receipts for the implementation of transportation projects or programs defined in this Expenditure Plan and pursuant tothe Board approved Debt Management Policy. 16. Matching or leveraging of outside funding sources is strongly encouraged. Any additional transportation sales tax revenues made available through their replacement by matching funds will be spent based on f he principles outlined above. Funds shall remain in the major category unless all needs in the category are met,whereupon TAM can program funds toanother category following the amendment procedures. 17. New incorporated cifies/fowns or new bus transit agencies that come into existence in Marin County during the life of the Expenditure Plan may be considered as eligible recipients of funds through an amendment to this Expenditure Plan, meeting amendment guidelines outlined above. APPENDIX l4 Glossary TAM 2018 Expenditure Plan I Final Report YrWkS110 YLllion Aldttm'ily of Matill Appendix A Glossary Bonding Selling municipal bonds will allow the Transportation Authority of Marin to accelerate capital projects by pledging future revenues for the repayment of bonds and getting needed capital funds"up front"for project implementation. Citizens'Oversight Committee A 12-member advisory body responsible for the review of TAM's revenue sources and expenditures,consisting of five representatives nominated by TAM commissioners from each of the five planning areas,and seven representing diverse interest groups in Marin County.Reports directly to the public on all issues related to the expenditure plan and sales tax. Climate Change a long-term change in global or regional climate patterns,in particular an increase in the average atmospheric temperature apparent from the mid to late 20th century onwards and attributed largely to increased levels of atmospheric carbon dioxide.Certain human activities, including the use of fossil fuels and deforestation,have been identified as primary causes of ongoing climate change,often referred to as global warming. Expenditure Plan The 30-year plan for spending sales tax funds. Expenditure Plan Advisory Committee The Expenditure Plan Advisory Committee(EPAC)was formed in June 2017 as an advisory committee to the TAM Board and is comprised of volunteers representing diverse stakeholder groups in Marin County.The EPAC developed a draft Expenditure Plan defining the transportation projects and programs in a future sales tax measure to be considered by Marin County voters. Golden Gate Bridge Highway and Transportation District The agency responsible for the Golden Gate Bridge,as well as regional transit including ferries and bus service between Sonoma,Marin,and San Francisco counties.Golden Gate currently operates local transit services in Marin County under contract to the Marin County Transit District. HOV Lane High Occupancy Vehicle or carpool lane,open to vehicles with 2 or more occupants,including buses,during peak hours. Leveraging or Leverage(also Matching) Matching local sales tax dollars with other funds on a one-to- one or other percentage basis from local, regional,state,or federal sources,to stretch local sales tax dollars by attracting new grant funding to Marin County. NelsonlNygaard Consulting Associates, Inc. I A-1 a' 2018 Expenditure Plan I Find Report Trnnspor(3GOA1 Aulhori(y 01 Nlnrin 1 Marin Transit Marin County Transit District(Marin Transit)was formed by a vote of the people of Marin County in 1964 and was given the responsibility for providing local transit service within Marin County.Marin Transit contracts for operations and maintenance of services.Marin Transit is governed by two city representatives and five representatives from the Board of Supervisors.Under the Expenditure Plan,Marin Transit will develop detailed transit plans with public input for approval by the Transportation Authority of Marin. Marin Mobility Consortium The Marin Mobility Consortium is a collaboration of community stakeholders and advocates meeting regularly to advise on the development and evaluation of Marin Access' services and to discover new ways to coordinate transportation options. Paratransit Specialized transportation services for seniors and persons with disabilities who are unable to use regular bus routes. Self-help County A county with a local sales tax for transportation is called a "self-help"county,because the tax demonstrates that the county is willing to"help itself'to solve its own transportation problems.A self-help county has greater opportunities to compete for regional,state,and federal grants by providing matching funds. Short Range Transit Plan A five-year plan required for every transit agency in the Bay Area,this document is the primary opportunity to identify transit needs and develop priorities. Sea Level Rise An increase in global mean sea level(the average height of the ocean's surface apart from the daily changes of the tides) as a result of an increase in the volume of water in the world's oceans. Sea level rise is usually attributed to global climate change by thermal expansion of the water in the oceans and by melting of ice sheets and glaciers on land. Strategic Plan A detailed plan of expenditures and revenue completed by the Transportation Authority of Marin every year.The plan projects the use of sales tax funds,as well as other funding that may be available to projects in the plan.The Strategic Plan also considers the need for bonding or other financing techniques to accelerate projects. Transportation Authority of Marin(TAM) The Transportation Authority of Marin(TAM)is Marin County's Congestion Management Agency and is responsible for coordinating funding for many of the transportation projects and programs in the county.The TAM Board includes representatives from each city and town in Marin County,plus the five members of the Board of Supervisors. NelsWNygaard Consulting Associates, Inc. I A-2 APPENDIX B Expenditure I Advisory i ttMem,bership 2018 Expenditure Plan I DRAFT FINAL-4/20/18 Iransp,,AA1i0n A01101iiy of Marin Appendix B Expenditure Plan Advisory Committee Membership rCOC-Northem Planning V-Anne Chernock COC-Central Planning Joy Dahlgren/Jeffrey Olson COC-Ross Valley Planning Paul Roye COC-Southern Planning Robert Burton/Jayni Allsep COC-West Marin Planning Area Scott Tye COC-Major Marin Employers Peter Pelham COC-Environmental Organizations-Marin Conservation League Kate Powers/Nancy Okada COC-Bicycle and Pedestrian Group Vince O'Brien COC-Marin County Paratransit Coordinating Council Allan Bortel/Rocky Birdsey COC-League of Women Voters Kevin Hagerty/Kay Noguchi COC-Taxpayer Group Paul Premo North Bay Leadership Council Cynthia Murray Chamber of Commerce Novato Coy Smith Chamber of Commerce San Rafael Joanne Webster/John Eells Marin County Office of Education Ken Lippi/Mike Grant College of Marin Jon Horinek Transit Rider Lisel Blash Marin Mobility Consortium-Seniors Lynn Von der Werth Senior Living Resident/Pedestrian Sue Beittel Equity/Marin City Monique Brown Equity/Canal Neighborhood Roberto Hernandez Labor Union/Building Trade Council Javier Flores Bay Wave Rep-Sea Level Rise- InnovationlResilience Bill Carney Safe Routes to School Representative Debbie Alley NelsonlNygaard Consulting Associates, Inc. B-1 DRAFT RESOLUTION NO. 2018-XX A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE TRANSPORTATION AUTHORITY OF MARIN'S FINAL 1/2CENT TRANSPORTATION SALES TAX RENEWAL EXPENDITURE PLAN WHEREAS, on March 2, 2004, Pursuant to Division 19 of the Public Utilities Code, the Marin County Board of Supervisors created the Transportation Authority of Marin("TAM"); and WHEREAS, in 2004 TAM presented to and received approvals from the Board of Supervisors, and a majority of City/Town Councils of Marin of the Final 1/2 cent Transportation Sales Tax Expenditure Plan which was placed on the ballot, as Measure A in November 2004, and widely approved by the voters in the County; and WHERAS,the 1/2-cent Transportation Sales Tax has been collected since April 1, 2005 and will sunset in 2025; and WHEREAS, on June 1, 2017 the TAM Board considered a renewal of the 1/2 Cent Transportation Sales Tax and created an Expenditure Plan Advisory Committee comprised of individuals representing diverse stakeholder groups in Marin County to develop a draft expenditure plan defining the transportation projects and programs for the renewal effort; and WHEREAS, after the Expenditure Plan Advisory Committee unanimously approved a Draft Sales Tax Renewal Expenditure Plan, the TAM Board unanimously accepted the Draft Expenditure Plan for a 30 year renewal of the existing %2 cent transportation sales tax; and WHEREAS, over the last few months the TAM Board directed staff to present the Draft Expenditure Plan to its member jurisdictions and received comments that were incorporated into the final plan; and WHEREAS, on April 26, 2018 the TAM Board reviewed and unanimously approved a Final Sales Tax Renewal Expenditure Plan; and WHEREAS, the TAM Board is seeking approval of the Final Sales Tax Renewal Expenditure Plan from the County of Marin and all eleven City and Town Councils in Marin; and NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon approves the Final Sales Tax Renewal Expenditure Plan as approved by the TAM Board. PASSED AND ADOPTED at a regular meeting of the Town Council held on this 20th day of June, 2018, by the following vote: AYES: EXHIBIT NO. Page 1 of 2 Town Council Resolution No.xx-2018 DRAFT 612012018 NOES: ABSENT: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 2 of 2 Town Council Resolution No.xx-2018 DRAFT 6/20/2018 Transportation Authority of Marin 900 Fifth Avenue June 11,2018 SLilte 1.00 San Rafael California 94901 Mr. Greg Chanis Town Manager Phone: 415/226-0815 Town of Tiburon Fax: 41.5/226-0816 1505 Tiburon Boulevard www.#:am.ca.gov Tiburon, CA 94920 Belvedere Dear Mr. Chanis: James Campbell TAM requests approval from the Tiburon Town Council of TAM's Final Transportation Carte Madera Sales Tax Renewal Expenditure Plan(Final Plan). TAM completed an extensive outreach Diane Furst and input process on the Draft Plan to ensure the Final Plan reflects the needs of Marin's Fairfax jurisdictions, local organizations, and the public. TAM presented the Draft Plan to the John Reed Tiburon Town Council and received input on April 18,2018. Larkspur TAM staff summarized comments and input received on the Draft Plan from all 11 of Dan Hillmer Marin's local jurisdictions and the County of Marin. These comments were presented and Mill Valley considered by the TAM Board, who made adjustments to the Draft Plan accordingly. The Stephanie Moulton-Peters Final Plan includes changes that reflect key findings from the outreach effort. Novato The TAM Board of Commissioners unanimously approved the Final Plan on April 26, Eric Lucan 2018 and directed staff to seek approval of the Final Plan from all jurisdictions in Marin. Ross Changes from Draft Plan to Final Plan P. Beach Kuhl g San Anselmo Key revisions made in the Draft Plan include: Brian Colbert • Increasing the funding percentage to the Crossing Guard Program under the Safe San Rafael Routes to Schools Category from 6.5% to 7.0%. This change was in response to Gary Phillips concerns over cuts to the Crossing Guard Program and support for increasing the number of crossing guards. The final level of funding allows the Crossing Guard Sausalito Program to fund approximately 96 guards, an increase from the current level of 58 Ray Withy guards. To allow for this increase, the subcategory Commute Alternatives and Trip Tiburon Reduction Strategies, under the Highways and Interchange Category, is reduced from Alice Fredericl<s 1.0%to 0.5%.The 0.5%funding remaining in Commute Alternatives/Trip Reduction is adequate due to numerous upcoming grant opportunities and funds already available County of Marin for Marin-wide efforts. Damon Connolly Katie Rice • Expanding the eligibility in several categories to include alternative fuel vehicles andKathrin Sears Dennis Rodoni facilities to support alternative fuel vehicles, including electric vehicles. Eligible Judy Arnold categories include Local Streets and Roads,Sea Level Rise and Resiliency,and Transit Facilities. EXHIBITNO. , . Making the Most of Marin County Transportation Dollars Letter to the Tiburon Town Council/Greg Chanis June 11,2018 • Expanding eligibility in the Local Streets and Roads Category to include investments to address congestion on local street and road corridors,municipal fleet conversion to alternative fuel vehicles,and sea-level rise and flooding needs. • Starting the renewed tax and implementing the new Sales Tax Renewal Expenditure Plan effective April 1, 2019, instead of January 1st,2019. The April 1s`implementation date is in accordance with state law. • Changing the timing of TAM Board review of the Expenditure Plan to every 6 years whereupon the Board can consider amendments to keep pace with the changing world of transportation. • Adding"reducing greenhouse gas emissions"as a goal of the Plan, so the overall goal now reads: "GOAL: Reduce congestion and reduce greenhouse gas emissions, maintain and improve local transportation infrastructure, and provide high quality transportation options for people of all ages who live, work, and travel in Marin County." General Background Marin's 2004 Measure A,the '/2-cent countywide Transportation Sales Tax, is a critical local funding source that generates approximately $25 million each year to support our local transportation needs. The Measure was passed by over 71%of Marin voters in 2004 and funds are spent in accordance with the 20-year Measure A Transportation Sales Tax Expenditure Plan. With a 15-year old plan that is starting to fail to meet Marin's current needs,the TAM Board commissioned an Expenditure Plan Advisory Committee to review the current plan and recommend changes,either keeping the sales tax at a half-cent or considering an increase in the sales tax. The Expenditure Plan Advisory Committee, comprised of 24 community members representing a broad range of neighborhood, business, civic and advocacy interests in Marin County, met over a 6 month period and considered numerous current and future transportation needs in Marin. After much deliberation, they unanimously elected to retain the half-cent sales tax level,extend the tax for 30 years,and they adopted a Draft Sales Tax Renewal Expenditure Plan.The Draft Plan was developed to provide funding for core transportation needs of highest priority to the public, with emphasis placed on congestion relief and support for multi-modal options f6r a wide variety of users. In January 2018, a follow-up public opinion poll was conducted specifically addressing a renewal of the current sales tax and testing the features of the Draft Transportation Sales Tax Renewal Expenditure Plan. The poll stated both supportive and critical informational statements.The poll results showed strong support for renewing the '/z-cent transportation sales tax under the recommended Draft Plan,with support from likely November 2018 voters at 77.9%, and after a series of critical statements were presented, 73.2%. The TAM Board directed staff to seek input from all 11 of Marin's local jurisdictions, along with the Board of Supervisors.In March and April 2018,TAM staff presented the Draft Expenditure Plan and received input from all jurisdictions in Marin. The input from the cities, towns and the County was summarized, and key input was incorporated into a Final Expenditure Plan that was presented to the TAM Board of Commissioners on April 26,2018. On April 26, 2018, the TAM Board of Commissioners unanimously approved the Final Sales Tax Renewal Expenditure Plan and directed staff to seek approval of the Final Plan by all of Marin's cities and towns,and the County. Letter to the Tiburon Town Council/Greg Chanis June 11,2018 Next Steps At this time,TAM is seeking approval from TAM's member agencies-the cities,towns and County of Marin -of the Final Transportation Sales Tax Renewal Expenditure Plan. The TAM Board has expressed intent for the sales tax renewal and Final Expenditure Plan to be placed on the ballot for consideration by voters in November 2018. TAM is seeking unanimous approval of the Final Plan by cities, towns and the County, although existing state statute that establishes TAM's authority requires a majority vote of 50+%of the cities or towns representing 50+% of the incorporated population, as well as a majority vote of the Board of Supervisors. (See California Public Utilities Code Section 180206) The 75-word ballot argument and Expenditure Plan must be submitted to the Registrar of Voters no later than August 10,2018.The TAM Board will consider a final action to place the measure on the ballot no later than mid to end of July 2018, allowing time for the Marin County Board of Supervisors to approve putting the measure on the November 2018 ballot. Our transportation system relies greatly on local funding for local needs.The Final Plan adjusts the sales tax expenditures to address current and future transportation priorities and allows TAM to address urgent needs without increasing the current half-cent tax. The measure provides a long-term, reliable funding stream and creates an opportunity to redistribute these tax dollars in a way that best reflects the county's present-day transportation needs. We request the approval of your Council of the attached Final Transportation Sales Tax Renewal Expenditure Plan. As part of our presentation,we will be noting Council's comments from our visit in April and how they were addressed. Sincerely, ti. X Dianne Steinhauser Executive Director Transportation Authority of Marin Attachments: Final Transportation Sales Tax Renewal Expenditure Plan Transportation Sales Tax Renewal Process—Likely Next Steps -2n-- —IM Transportation Authority of Marin SCHEDULE OF LIKELY STEPS- June/July 2018 Target Topic Dates Complete 2017 1. Introduction and Initial Feedback from Local Jurisdictions Feb-Apr ✓ 2. Baseline Polling- TAM Board approval of polling effort Feb ✓ 3. TAM Ad Hoe Committee guides poll -poll conducted Mar-Apr ✓ 4. TAM Board considers initial input from Local Jurisdictions and Polling and Apr-May ✓ determines whether to proceed to next step of forming an Expenditure Plan Advisory Committee(Go/No Go) 5. TAM Board establishes membership of Advisory Committee Apr-May ✓ 6. Kickoff of Expenditure Plan Advisory Committee Process June ✓ 7. Expenditure Plan Advisory Committee meets to develop options for renewing June-Dec ✓ transportation sales tax, for increasing transportation sales tax,or both 8. Expenditure Plan Advisory Committee engages in public outreach June-Dec ✓ 9. TAM Board reviews activity of Expenditure Plan Advisory Committee and Dec 11 ✓ determines whether to proceed to next step of briefing stakeholders and local councils on status and conducting a public opinion poll of draft Expenditure Plan Elements(Go/No Go) 2018 10. TAM Ad Hoe Committee guides poll and the poll is conducted Feb ✓ 11. TAM briefs stakeholders and local jurisdiction councils on status of ✓ Expenditure Plan development—seeks and receives input Feb-Mar 12. TAM Board considers input from stakeholders, local jurisdictions and polling April 26 ✓ results, and votes on Final Draft Sales Tax Expenditure Plan(Go/No Go) 13. TAM Board directs staff to seek approval from all 12 local jurisdictions on May-July In process Final Draft Sales Tax Expenditure Plan 14. Final approval by TAM to request the Board of Supervisors to put the transportation sales tax renewal on the November 2018 ballot. Board of July Supervisors approves. 15. Expenditure plan and ballot argument (75 words) deadline for submission to August 10 registrar for November 2018 ballot. EXHIBIT NO. - Making the Most of Marin County Transportation[Dollars