HomeMy WebLinkAboutTC Agenda 2019-11-06 TOWN OF TimJRON
., Til,w-on lotion Council
I -) -oil Town Hall
November 6,2019
�1, r 1505 Tiburon Boulevard Special liccemg 7:00 P.M.
.` Tiburon, CA 94920
Regular 11eet1110 —7:30 P.1v/1.
8
TIBURON
TOWN COUNCIL
AMENDED AGENDA
SPECIAL MEETING—7:00 P.M.
CALL-1 O ORDER AND ROLL CALL
(.Ouuclhucjuber Thier,Councilmember Welner,Vice Ma\or Frecicrick�. A la\•ur KUM<
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
(Pursuant to Government Code Section 54956.9(d)(1)
Name of Case: Tiburon Open Space Committee,et.al.v.Comity of Marin, .Marin Con my Superior Court Case No.
0\1701069
CONFERENCE WITH LEGAL COUNSEL.—ANTICIPATED LITIGATION
Swmlic:ult Exposure to Litigation Pursuant to Paragraph (2)of Subch\inion (d)A Govcrument Code
Section )4956.9: (One potential case)
AD 10L'RNMENT— to regular meeting
REGULAR MEETING—7:30 PAM.
CALL TO ORDER AND ROLL CALL
C ouncilmembcr Thier,Councilmember Welner, Vice Nla\ur Frcdericl:�_ Maur Kalil:
ANNOt'NCEMENT OF ACTION TAKEN IN CLOSED SESSION, I F ANY
ORAL COMMUNICATIONS
Person, wishing to address the town Council on subjects nut ( u rhe atocnda 11mv dig so at: this time
Please rot:c howcvcr, that the Town Council is not able to undertake extended or actiOn on
items iwi: ou chc agenda. Matters requiring action will be rcfcrrcd to ncc appropriate Commission. Board.
Commit! or staff for cousideration or placed on a future -1o\\ n Council meeting a"encla. Please limit
our coil-mmnts ro three (3)minutes.
CONSEN-L CAHINDAR
All items on t11e Consent Calendar-may be approved icy one moron of rhe Tows) Council unless a request
is made by a member of the Town COuncil, public or staff to rc-nove an item for separate discussion and
considcracion. If you wish to spcal< on It Consent Calendar item, please seek recognition by the Vlayor
and do so at this time.
CGI. Town Council Minutes — Adopt minutes of Octoh_-r 2.. 2019 special and regular meetings
(Departtncm of Administrative Services)
CC-2. Investment Summary — Adopt investment sumnary for month enclin-; September 30, 2019
(Depart meat of Aclministrarive Services)
CC-3. Town Council Election — Adopt resolutions a) calling an election on tifarch 3, 2020; b)
requesting consolidation of election services with the County of Marin; and c) providing that the
cost of printing the candidate's .statemernt shall be borne by the candidate (Department of
Administrative Services)
CCA. Grand Jury Response — Approve Town's response to Marin County Civil Grand Jury Report
titled: Vaping:An UMcrthc-Radar Epidemic (Office of the Town Manager)
PUBLIC HEARINGS
PIT-L Personnel Rules & Regulations — Consider adoption of resolution that would update the
Town's Personnel Rules and Rebulations and municipal code amendments incorporating the
updated disciplinary procedures — Introduction and first reading of ordimncc (Department of.
Administrative Services)
ACTION ITEMS
AI-1. Town Council Board and Committee Appointments — Consider revisions and new
appointments to Tmvii Council Committee Appommiciits List (Department of Administrative
Services)
DISCUSSION ITEMS
D-1. PG&E Public Safety Power Shutoff — Revie\e of recent power outage event and discussion
regarding the l own's response (Office of the Town M.mager)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
,V LKLY DIGESTS
• To,n Cloullcil \V'ecl<Iv Diacsts -Ocrobcr IS 6,-- 28 and \ovCmber 1, 2019
ADJOURNMEN L
GENT=RALPUI3LIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILI"DIES
In compliance with the Americans with Pisabilitics Act, if you steed special
assistance to participate in this meeting, please contact the Toy n Clerk at (415) 435-
737T Notification z1S hours prior to the meeting will cnabll tic Town ro make
reasonable arrangements to ensure accessibility to this meeting
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data arc a\ajhHc for Viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall Agendas and minutes arc posted on tic Town's website,
w�,v�-e.townoftiburon.or�.
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 v\hh disabilities to participate in
public meetings. Please send a written request, including your name, mailing
adch-ess,phone number and US descripbon of the requested rrtaterials and preferred
alternative format or auxiliary aid or service at least 5 days 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 acbon(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 11caring(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 scr times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
REGULAR MEETING
DRAFT MINUTES
The Town Clerk announced the regular meeting of the Tiburon Town Council scheduled for 7:30
p.m. on Wednesday. October 2, 2019 had been cancelled due to lack of a cJt1orum.
DAVID.KULIK,MAYOR
ATTEST:
LEA STF_,FANL TOWN CLERK
Page 1 of]
Town Council Rlirrutcs X17 2019 DRAFT October 2, 2019
Town Council Meetin(_y
TOWN OF TIBURON November 6. 2019
1505 Tiburon Boulevard Agenda Item: CC - 2
Tiburon, CA 94920
STAFFREPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Accept the September 2019 bwestment Summary
Reviewed
Bv: ' N/A
Grey Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
Staff provides the Town Council a monthly report on the Town's investment activity. This report
is for the month ended September 30,2019.
RECOMMENDED ACTION(S)
1. Staff recommends that the Town Council:
Move to accept the Investment Summary for September 2019
BACKGROUND
PUrSUai1t 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 September 30. 2019.
ANALYSIS
September 2019
Agency Interest
Investment Amount Rate Maturity
Town of"Tiburon Local Agency Investment $21,996,979.28 2.2801% Liquid
Fund (LAIF)—
Beginning Balance as of
09/01/2019
Total Ending Balance as of $21,596,979.28
09/30/2019
The total invested at the end of the prior month was $21,996,979.28 therefore: the Town's
investments decreased by $400.000 over September 2019. Interest is posted by LAI>r quarterly.
TOWN oi, TiBURON PAGE 1 or 2
Attached as Exhibit I to this report is the Town's Public Agency Retirement Services September
2019 Statement for its Section 115 Irrevocable Trusts for Other Post-Employment Benefits and
Pension.
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.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that acceptance of this investment summary 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.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the Investment Summary for September 2019
Exhibit(s):
1. PARS Section 115 Trust Account activity for September 2019
Prepared By: Suzanne Sweitzer,Director of Administrative Services
ToNv\ of TI 13t Ro.A P AGF: 2 of 2
EXHIBIT 1
PIUMLIC
AGEPIKY
TOIfW, OF TIB 'R0,,N" Account Report for the period
PARS Post-]--'mphvwji ew Beiiefits Trust 91,1112019 to 9/30/2019
(frec,Chanis
0 C
1"Wil Manager
Town of iblirwi TOWN MMAGERS Oi+j�,i,
150-STiburon Blvd. TOWN OFTISUMN
Tibmon, CA 911920
AccountSummary
Beginning Balance as Ending
of Balance as of
Source 9/112019 Contributions Earnings Expenses Distributions Transfers 9/30/20!9
OPEB $2,345,303.51 $0.00 $24,885.-'75 S488.61 $0.00 $0.00 $2,369,700.65
PENSION $1,343,874.1? $OM $4,022.81 5279.97, $0.00 50,00 $1,347,616.98
Totals S3,689,177.65 $0.00 $28,908.56 S768.58 50.00 50J)0 53,717,317.63
Investment Seleedon
Source
OPEB Balanced Index PLUS
PENSION Moderately Conservative Index PLUS
Investment Objective
Source
The dual goals ofthe Balanced Strategy are growth of'principal and income.While dividend and iyltelest HICOMW are an NT,10011ailt component of
the oh:ec,,ive's total Tet-LIM,it is expected that capital appreciation will comprise a larger pon-tIOD ofthe total remm.The po-lfblio will be allocated
between equity and fixed income invesmn--wi.
The dual goals of the Moderately Conservative Strategy are current income and moderate capital amrmaliorr.The n4iw portion ofthe assets is
PF NSION
eomr-nitted to income-producing securities.Nlarket fluctuations Should be expected.
Investment Return
Aminnfized Return
Source I-Month 3–Months 1-Year 3-Year, Plan s Inception Date
0 FIE B 1.20% 6.79% 7. 2% 9/15 2016
PF\SM f,-C)% 1.52% 8.70% -
I C?2018
lnfo,mation as.Dro,dee by US Bank. for PARS;Not FDIC,lnsu,M: No Bank Guamtee: Ma,,'Lose Value
Pas:pe. ,r:naace dcc:^.r,°tn•ar.r,�e i.�.4re result=.I'e:iornia:xc returns;nay riot reflect:Sc d:e�coon of apph:.ab.e:ccs, ti.f �...:;; atie r�tr--:;. .r:e.:.:1.i r s de.r_ac. _;,b.c.�--.+na;Ise subject to ch;ntge.
ln,simsm Re11111: Arinualizvc eIe cf lberetun on u;u,vesimeut over.f,,.,i,,d other"I'an omw)ew nl,ddpllcd o,die did I')abj71V"'a.-M M.
Am,wn balances asc mdusi-of-1—t Adiminsuation,Trustee andInvestmentManam—ui fees
Town Council Meeting
TOWN OF TIBURON November 6, 2019
1505 Tiburon Boulevard Agenda Item: CC - 3
Tibu►-on, CA 94920
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: Recommendation to Adopt Resolutions Pertaining to the March 3, 2020
Special Municipal Election
Reviewed By: xlZ
Ge Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
The Town Council will adopt the necessary resolutions to call a special municipal election to be held in
the Town of Tiburon on March 3, 2020 to elect one short-term councilmember.
RECOMMENDED ACTION(S)
1. Staff recommends the Town Council adopt the following resolutions by adoption of this item on
the Consent Calendar:
a) Calling a special municipal election on March 3, 2020.
b) Requesting consolidation of election services with the County of Marin.
c) Providing that the cost of printing the candidate statements be borne by the candidates.
BACKGROUND
On October 21, 2019, the Town Council met for a special meeting to discuss the options provided
to the Town by the California Government Code to till COunCllmember Jim Fraser's recently
vacated seat on the Town COunCH. The Council ultimately voted to call a special election on
March 3. 2020. The person elected will serve out the remainder of Councilmember Fraser's
existing term, until 2022.
To hold this election, the Town Clerk must notify the Marin County Registrar of Voters of the
Town's intention to conduct a municipal election by the adoption of various resolutions. The
adoption of this item also authorizes to the Town Clerk to publish the Notice of Election in local
media, which serves to inform Tiburon voters of a local election and the upcoming tiling period
to become a candidate.
ANALYSIS
"Tonight. the Council is asked to adopt three resolutions.
Town or TIBURON PAGE I or 2
1. The first resolution (Exhibit 1) officially calls for a special municipal election to be held
in the Town of Tiburon on March 3. 2020 to fill one short-term seat on the Town Council.
2. The second resolution (Exhibit 2) requests the Board of Supervisors consolidate this
election with any other elections being conducted by the Count}' of Marin. This is the
normal practice of all cities in Marin County.
3. The third and final resolution (Exhibit 3) requires that the cost of printing the candidate's
statements in the upcoming election be borne by the candidates. This is and has been the
Town's practice in previous elections.
The March 3, 2020 election calendar is also attached as Exhibit 4. This calendar outlines
important dates for the upcoming special election. The nomination period for candidates begins
Monday, November 1 l and ends at 5:30 p.m. on Friday, December 6, 2019. Because there is no
incumbent for this seat, there is no filing period extension.
FINANCIAL IMPACT
Election costs are calculated per registered voter. As of October 2019, Tiburon has 6,395
registered voters. The County of Marin Registrar of Voters estimates this election will cost the
Town between $1.50 - $3.00 per registered voter ($9,592 - $19,185).
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item 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.
RECOMMENDATION
Staff recommends that the Town Council adopt the following resolutions on the Consent
Calendar:
1. Calling a special municipal election on March 3, 2020.
2. Requesting consolidation of election services with the County of Marin.
3. Providing that the cost of printing the candidate statements shall be borne by the
candidates.
Exhibit(s):
1. Draft Resolution—Call Special Municipal Election on March 3. 2020
2. Draft Resolution--Request Consolidation of Election Services with COnmv of Marin
3. Draft Resolution—Printing Candidate Statement Costs
4. March 3,2020 Election Calendar
Prepared By: Lea Stefani,Town Clerk
fo\N� or TiR RON Pnci;2 or 2
EXHIBIT 1
RESOLUTION NO. XX-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ORDERING AND CALLING A SPECIAL, MUNICIPAL ELECTION IN THE TOWN OF
TIBURON ON MARCH 3, 2020 FOR THE PURPOSE OF
ELECTING ONE COUNCILMEMBER
BE IT RESOLVED by the Town Council ofthe Town of Tiburon, that it is hereby
ordered as follows:
Section 1. Date of Election - Offices to be Filled.
A special election is hereby called and ordered to be held in the Town of Tiburon, State
of California, on Tuesday, March 3, 2020, for the purpose of electing one Town Councilmember,
to fill one vacancy for the remainder of the term of Town Councilmember Jim Fraser.
Section 2. Procuring and Filing Nomination Papers.
Nomination papers may be procured from the Town Clerk and shall be filed with the
Town Clerk no later than 5:30 p.m. on the eighty-eighth day before the election, or December 6,
2019.
Nomination papers may not be circulated prior to November 11, 2019 and must be filed
no later than 5:30 P.M. on December 6. 2019.
Section 3. Time When Polls Are Kept Open.
The polls shall be opened at 7:00 A.M. of the day of said election and shall be kept open
until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the
provisions of Section 10242 of the Elections Code.
Section 4. Certification of-Vote by Council
The Council shall meet at its usual meeting place on the first available date following the
canvass of the vote by the County Re<ristrar of Voters to certify the election and install the newly
elected officers.
Section 5. Publishing Notice of Election.
The Town Clerk shall cause to be published in a nes-v spaper of general circulation a
Notice of Election which will include the date of election, hours the polls open and close and the
offices to be filled.
PASSED AND ADOPTED at a re<�ular meeting of the Town Council of the Town of
Tiburon on November 6. 2019. by the following- vote:
Page 1 o12
Town Council Resolzaion No. 1'_V-2019 DR.1I7_ 111,612019
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
Page 2 of 2
Town Council Resolz-ztion No. V-2019 DRAFT 11/6/2019
EXHIBIT
DRAFT RESOLUTION NO. xx-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PROPOSING THAT AN ELECTION BE HELD IN ITS JURISDICTION, AND
REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY
OTHER ELECTION CONDUCTED ON SAID DATE, AND REQUESTING ELECTION
SERVICES BY THE MARIN COUNTY ELECTION DEPARTMENT
WHEREAS. it is the determination ofthe Town Colmcil of the Town of Tiburon to call
a special municipal clection on March 3, 2020 at which election the issue to be presented to the
voters shall be:
To elect members to the Town Council
Number of Short-Term Positions = 1
NOW, THEREFORE, BE IT RESOLVED,that the Board of Supervisors of the
County of Marin is hereby requested to:
1) Consolidate said elections with any other applicable election conducted on the
same day;
2) Authorize and direct the Elections Department at District expense, to provide all
necessary election services and to canvass the results of said election.
BE IT FURTHER RESOLVED,that the"Town Clerk is hereby ordered and directed to file
a copy of this resolution with the Board of Supervisors of the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 6, 2019. by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCII_.MFMBERS:
DAVID KULIK. MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI_ TOWN CLERK
Town Council Resolzaioii No. _v_v-2019 DR_4FT 111012019 Page 1 0f1
EXHIBIT 3
DRAFT RESOLUTION NO. xx-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PROVIDING THAT THE COST OF PRINTING AND HANDLING
THE CANDIDATE'S STATEMENT SHALL BE BORNE BY THE CANDIDATE
AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED
WHEREAS, Section 13307 of the California Election Code provides that candidates 1-01-
nonpartisan
ornonpartisan elective office in any local agency, including any city, county, or district, may
prepare a candidate's statement of qualifications, which statement may include the name, age
and occupation of the candidate and a brief description of no more than 200 words of the
candidate's education and qualifications; and
WHEREAS, the amount for printing 200 words has been estimated by the County of
Marin to be $195.00 for each typed candidate's statement of qualifications in the March 3. 2020
election; and $490.00 for the English and Spanish candidate's statement;
NOW. THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail
himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of
printing will be borne b} the candidate and not by the Town of Tiburon;
BE 1T FURTHER RESOLVED that the estimated cost of$195.00 (or $490.00) for
printing candidate's statements of qualifications shall be paid for in advance by the candidate at
the time Nomination Papers are filed with the Town Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on November 6. 2019, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KULIK_ MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI. TOWN CLERK
Page I of 1
Toirn Council Resolution .Va ..x-2019 DRAFT 11/6/2019
EXHIBIT
Calendar March 2020 Consolidated Cities
Municipal Elections
March 3, 2020
L,.-.nvs in rf-fec�in 2019 16w!-`0181,�
,�hh yow for th<w'dead,'hae.5 for
I E minus to ErnkA Action
September 13 -172 Suggested Lost Day to Filo Petitions Recording f0easurr.
October 14 -141 Suggested Last Day for Council to Adopt Resolutions
October 15 -140 Suggested Last Day to Post Notice of Deadline for Filing Arguments and Impartial Analyses
October 15 Election Official to Publish Notice of Election-Measure(s)Only,No Candidates
See County Calendar Last Day to File Arguments&Impartial Analyses;See your County's Calendar
The suggested last day to file arguments&impartial analyses is recommended to be
7-14 days after Council calls the Election(see County's deadline)
October 28 to November 11 -127 -113 Election Official to Publish Notice of Election-for Candidates
November 4 -120 Last Day to Adopt Regulations for Candidates Statements
November 11 to December 6 -113 -88 Filing Period for Nomination Papers and Candidate's Statements
December 6 -88 Last Day to Call Election For Ballot Measures
December 6 -88 Last Day to Withdraw Initiative Petition
December 6 by 5:00 pm -88 Last Day for County to Receive Resolutions Requesting Consolidation&Services
December 6 -88 Last Day to File Nomination Papers(Consolidated Cities)
See County Calendar -88 Last Day to File Rebuttal Arguments,10 Days after Arguments!see County's calendar
December 11 -83 Last Day to File Nomination Papers-Extended Filing Period if incumbent fails to file
December 11 -83 Last Day to Withdraw Measure(s)from Ballot
December 12 -82 Secretary of State to Determine Order of Names on Ballot
December 16 or December 23 -78 -71 Last Day of Public Review Period for Candidates Statements
December 19 -75 Last Day to Cancel Election-Insufficient Candidates
January 6 to February 18 -57 -14 Filing Period for Write-in Candidate
January 23 -40 Last Day to File Campaign Expenditure Statements-1st Pre-election Statement
February 3 -29 First Day for Mailing Permanent Vote by Mail Voter Ballots
February 3 to February 25 -29 -7 Voters May Request Vote by Mail Ballots with Regular Applications
February 11 -21 Last Day to Mail Voter Information Guides and Polling Place Notices
February 17 -15 Last Day to Register to Vote
February 18 -14 Last Day to File for Write-in Candidate
February 20 -12 Last Day to File Campaign Expenditure Statements-2nd Pro-election Statement
February 25 -7 Last Day for Election Official to Publish Notice of Nominees
March 2 -1 Last Day for Council to Adopt Procedures to Resolve Tie Vote
March 3 0 ELECTION DAY
March 6 3 Last Day to Receive Vote by Mail Voter Ballots If Postmarked on Election Day
March 11 8 Last Day to Receive Signed"Unsigned Ballot Statements"for unsigned Vote by Mail Voter
Ballots
March 25 22 Last Day to Receive"Signature Verification Statements"for Vote by Mail Voter Ballots where
signatures do not match
No Later Than April 2 30 Election Official to Canvass the Return,,
Within 5 days of completing the semi-official canvass above Election Official to Hand Tally the Undervoles of a Write-in Candidate if requested by a write-
in candidate
No Later Than April 2 30 Election Official to Conduct Manual Tally
No Later Than April 2 30 Last Day for County to Certify Results
March April 17 E+30+15+? City to Declare Results,Reorganize Council and Choose Mayor Pro Tern(and Mayor if
applicable)
(30 days after Assuming Office) Filing of Statement of Economic Interests
tR3/18,'2019)
Prepared by MCC o./MCADirect
Town Council MeetinIg
TOWN OF TIBURON November 6. 2019
1505 Tiburon Boulevard Agenda Item: CC - 4
Tiburon, CA 94920
STAFF O .
To: Mayor and Members of the Town COUneil
From: Office of the Town Manager
Subject: Consider Approval of Town's Response to Marin County Civil Grand Jury
Report Titled: Vaping-An Under the Radar Epidemic
Reviewed By: A4 r
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
For this item, Council will consider approval of the Town's response to the 2018-2019 Marin
County Civil Grand Jury Report titled: Vcq ing-An Under the Radar Epidellaic.
RECOMMENDED ACTION(S)
1. Review and approve the proposed response and authorize the Town Manager to sign and
forward the response to the Marin County Civil Grand July.
BACKGROUND
On May 16, 2019, the Marin County Civil Grand Jury released a report entitled: Vaping-An
Under the Radar Epidemic (Exhibit 1). The report includes two recommendations the Town
must respond to, with the responses conforming to the format required by Penal Code section
933.05. Staff has prepared a draft response for Council consideration. which is attached as
Exhibit 2.
ANALYSIS
No tiu-then analysis provided.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this item.
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 CL--QA Guidelines in that it does not constitute a project under CEQA.
TowN or TIBURON PAGE I or 2
RECOMMENDATION
Staff recommends that the Town Council:
I . Review and approve the proposed response and authorize the Town Manager to sign and
forward the letter to the Civil Grand Jury.
Exhibit(s):
1. 2018-2019 Marin County Civil Grand Jury Report: Vaping-An Under the Radar Epidemic.
2. Draft response to 2018-2019 Marin County Civil Grand Jury Report titled: Vaping-An Under the
Radar Epidemic.
Prepared By: Greg Chanis,Town Manager
Tow\, or TI BURO'N P vcr 2 or 2
EXHIBIT 1
2018-2019 MARIN COUNTY CIVIL GRAND JURY
Vaping
An Under-the-Radar Epidemic
. Report Date: May 9, 2019
Public Release Date: May 16, 2019
4
4
S
N
N
2R,
N
COUNTY OF MARIN
_.._........ Marin County Civil Grand .Jury
Vaping: An Under-the-Radar Epidemic
SUMMARY
Marin County is in the midst ol-a health crisis concerning its youth vaping. Vaping among
Marin County seventh, ninth, and 1 1 th graders has more than doubled in the past two years, with
47% of 1 Ith graders admitting to having vaped. As bad as these numbers are, they may actually
be higher, as teens notoriously under-report on these types of surveys.
Most people do not realize the severity and the extent of damage vaping can inflict. Vaping is
inhaling aerosols created when fluids in electronic smoking devices (e-cigarettes and similar
products) are heated. Most vaping products contain highly addictive nicotine, as well as other
harmful substances. As a result; vaping can cause irreparable damage to vapers' health and
subject them to problems that will plague them for the rest of their lives.
Vaping liquids come in an extensive array of adolescent-appealing flavors. Vaping products are
gateway drugs and young vapers frequently move on to smoking cigarettes. Since the aerosol
produced by vaping is often odorless and smokeless, vaping can be hard to detect. Parents and
teachers may not realize that their children and students are vaping. Local school officials have
called vaping their number one problem.
The billion-dollar corporations that make and supply vaping products have expressly designed,
flavored, and marketed their products to hook adolescents. Most youngsters don't realize that a
single vaping cartridge contains as much nicotine as a pack of cigarettes. Used cartridges can be
refilled with other harmful substances including marijuana extracts.
To combat vaping, a four-pronged approach is needed:
■ Limit the availability of flavored tobacco.
■ Educate students,teachers and parents.
■ Enforce the new tobacco sales bans.
■ Support students already addicted to nicotine.
The county and many municipalities have adopted ordinances banning flavored tobacco
products. Although a ban on the sale of flavored tobacco in all jurisdictions in Marin County
would have the greatest impact on reducing adolescent vaping, that uniformity does not exist yet.
To be effective, the ban must be county-wide. and be enforced. Some Marin law enforcement
agencies have received grants to educate students and enforce tobacco sales laws.
The Marin County Office of Education (MCOE) and the County of Marin Department of Health
and Human Services. along with community organizations. are providing strong leadership to
curtail adolescent vaping. Peer-to-peer education programs are reaching students in high and
middle schools.
Vaping: An Under-Ihe-Rodes-Epidenzic
The County of ML11.1n Department of I-lealth and 1 luman Services and the Marin County Office of
Education should tap into the resources of Marin"s largest healthcare providers. Together with
Kaiser Permanente. Sutter I lealthcare.. and the Marin 1 lealthcare District they can_jointly develop
much needed adolescent nicotine addiction programs.
If Marin County is to continue being. the "healthiest county in California," it must increase its
efforts to educate students and parents, restrict access, and support students who are addicted.'
BACKGROUND
Parents, educators, and public health officials have noted an alarming increase in the use of
electronic cigarettes and other vaping devices by young people. In his presentation to the Marin
County Board of Supervisors, Dr. Matthew Willis, Marin's Public Health Officer, cites data from
the recent Healthy Kids Survey that found, "Almost a third of Marin 1 lth graders are regularly
using harmful, nicotine-containing products that are highly addictive.2 Forty-seven percent
admitted to having tried vaping. Vaping among Marin County seventh, ninth, and I lth graders
have more than doubled in the past two years, with the largest increase, from 1 I percent to 28
percent, among 1 lth graders."3 National data, illustrated below, also show similar rises. These
percentages may well be higher, as teens notoriously under-report on these types of surveys.4
E-cigarettes, which come in a wide variety of youth-luring flavors, are the tobacco product of
choice for teens in the United States. According to a 2018 survey by CDC, 4.9 million children
in the US were using e-cigarettes.' A 2018 National Youth Tobacco Survey noted "alarming
increases" between 2017 and 2018 in tobacco use among middle and high school students.
Tobacco use had been declining in recent years. That trend has been reversed with the increased
use of vaping products.'
Current Use of Any Tobacco Product
ii
c 'ice
N
0
a
CT
m
� Ili
a
v
a
Years
Recent Tobacco Use Trends -National
Halstead.Richard."\ggrin_collw_ucs run nsh�al_thi�;t_ixiunty in Caliliirnia.snub reports.`.Ifcii-in Independcjil Journal. 19 Mar.
2019. - - -
`'Alarming \enc Data on1 oath \_ap>iim,ill \'afro InIICUS� lliong Icons dr n conecrof County health officials.,_('0111711'of
-._. - -
il4arin.21 Scp.2018.
3 11 1 Ie!aItII\ I\it1�tu\.0 CI111161-17Dcpar-nncn>of Echication. 2 Aug.2018.
Gulkcl. Max A,'pin_ ]\'i,!<\ ccw 131it.;1�al�, I ars CI Ihr the II)_A.' .Ill erican lnstittne for Economic Research. 13 Scpt
2018
"Plo21cs�, I_l n�d: Youth I t tic_IOm im, '01 .-2U 1S�t.9 ill middle midi hiLh school studcnt�used tobacco
LIroduU,lu 201 ti. Censers Jbr l)iwase('onlrol and Preren[nm. I I Feb.2019.
'Youth I ohacco t ,C: firm the A niolwl ) oath l obacro�Lll . (i..S. l00d and 11 Feb.2019.
May 9. 2019 Marin County Civil Grand Jury Page 2 of 22
Val-ging:An Under-the-Radar Epidemic
rr to 2Q18 B % €n 2018
1 ,
M.,
vs VS
20%in 2017 61%in 2017
E-Cigarettes increase 2018 vs 2017 Flavored E-Cigarettes increase 2018 vs 2017
B B
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2017 2018 2017 2018
Increases in Vaping by High and Middle School Students
In the United States, tobacco is the leading cause of preventable deaths. It causes 480,000 deaths
annually and costs Americans more than $300 billion each year.7 In Marin County, the
healthcare costs and loss of productivity amounts to $138 million or $551 per resident.8
700
® Any tobacco product ship school)
-- Etigamttes higluchoo€'
s.m Anq tobacco product(middle school?
30 E-cigarettes;rniddleschool)
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2011 2012 201.3 201- 2015 2016 201:7, 2019
Year
Percentage of middle and high school students who currently use e-cigarettes and any tobacco product
National Youth Tobacco Sul'vev, United States. 2011-2018'
-1_crmunlic I rend,in obacco On I hip Paae Tobacco-Related Srendins 7 oblicco Production'tobaeco Sales FC011011lie('o;t,
Rc fucnccI obarco-Rc.ited tip ndtn_. CMICI-s for!)i.rcose COMM-01 and Prevention d May 2018.
..............
s-Cost of Sino) n !r. in A n in."11(6 in lleollh carr!Hrmmn Service%. Last Accessed 7 Apr. 2019.
Cullen. Karcn A ct al "\otc; I?um the I ick!: Cse of I.lecuonic!
VciphW:An Unct'er-ihe-Rcmdor Epidemic
APPROACH
In preparing this report. the Grand .Jury focused on identifying:
■ The prevalence of vaping among students in Marin County.
■ The reasons for the popularity of vaping.
■ The health dangers of vaping.
■ The healthcare costs of tobacco use to Marin residents.
■ Vaping as a gateway to cigarette smoking.
■ Current actions being taken to address vaping by youth.
■ Current and proposed legislation.
■ Importance of consistency in accessibility with neighboring towns.
■ Additional approaches that might help address the problem.
■ Support for adolescents who have become addicted.
The Grand .Jury attended presentations sponsored by health, civic and community groups. It
reviewed and analyzed numerous articles, scientific studies, laws, regulations, and proposed and
recently enacted legislation. To obtain the most current information, a series of in-depth
interviews were conducted. Those interviewed included experts from the County of Marin
Department of Health and Human Services and the Marin County Office of Education.
DISCUSSION
The first modern electronic cigarette (c-cigarette) was patented in the United States in 1965 by
Herbert A. Gilbert but wasn't widely used. Tinkerers subsequently created other vaping devices.
However, they didn't gain popularity until 2004 when the firm Hon Like made the first modern
e-cigarette in China. In the next few years, e-cigarettes began appearing in Europe and the US.
Since their introduction_ e-cigarettes have gone through many incarnations, refinements, and
designs. some of-which are shown below.10
R
l w
rr
JUUI
f I L
,x
Various Vaping Devices
10"V',yxniici : I and oihcr Hcctronic Aicotil.�IDeliren Svstcros 0APSI.' U.S. Food(111d DruQ:Idmini.m-aiion.
Feb.2019. �-
May 9, 2019 Marin County Civil Grand Jury Page 4 of 22
Vaping:An Under-lhe-Radar Epidemic
Current vaping devices consist of a cartridge filled with a vaping fluid. a battery, and a heating
element. In some devices, the batteries are rechargeable. When the vaping device is turned on,
the liquid in the cartridge. also referred to as e-liquid or vape juice. is heated, and produces an
aerosol mist that the user inhales or'vapes". The mist created is not a vapor that diffuses in all,
and disappears. but is an aerosol containing toxic substances that enters the lungs of those who
breathe it." '
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The Size of JUUL and a JUUL Cartridge
As can be seen fi•om the graphic above, JUUL, the most popular vaping device in the United
States, is about four inches long and Yz inch wide. Since they're so compact, they're easy to
conceal and can be hard for adults to recognize. Parents and teachers frequently mistake vaping
devices for other harmless objects such as flash drives and cosmetic containers.
Although the ingredients in e-liquids vary, most contain nicotine. Numerous studies have shown
that nicotine is damaging to health.14J5 As early as 1763, nicotine was commercially marketed as
an insecticide, and is still in use as such today. Products containing nicotine have been classified
as "hazardous waste" by the Environmental Protection Agency (EPA) because they damage
waterways. drinking water, and animals. Therefore, e-cigarettes and vaping liquids must be
disposed of according to the EPA's rules governing hazardous waste.16
Nicotine is highly addictive.IT" Nicotine addiction has a greater impact on youth. "The rapidly
developing brains of children and adolescents are particularly susceptible to nicotine addiction",
declared the American Academy of Pediatrics (AAP).19 "Given the difficulty adolescents have
Steblcr_Carolcn. "I hc,c;Arc The 7_Most I ov;c Vapin-) Hm oi.s._Aecordina_I o Scicncc."Bustle.21 Jun.2018.
'Konkcl. 1_indscN."I _ uc�.i :aon_t-�i d zli_)ltme to ti toxic V- t til l omids�:odu w�sa h• can dam�oc�1 d 1,
c�I Is. Science.Aetrs fc�r.Stade nls. 30 Mar.2018. —�—� �-
�;-_S m cit mcue m:w
.............lcelicnts uc surprisimilk more toxic than_others."Unrnersirn ofAord1 Carolina Health Care. 27 Mar.
2018.
"Pt�ohc I lealli(on> u
cdu )cc5 of 1 u
Cif- eltc.�."A'alional Academies gfSciences, L,nguteering, mull edicine.2018.
"Pi;-hhc I Ic,iltII Conncducnce,Oil ci._actte, Conclusions IIs�Lcec1 Ofi �idcnce.'':VaIi0im/Academies of Sciences.
l:ngincering, and.Veclicine.Jan.2018.
0
-Tnol Rule: Alaua<<cmenl Suuularels for 1laz,£rdous\\rite Pharnuteeuticzls and iAmcndment to the 1)07? I ii£r nicotine",
United States Lnvironnaental Prolection —enc_r. X018.
1'"I i_;u�tic t ,c :Anion 1'otith and_.l our!,Adult: d Report of the 5uracon(;cnu'<tl. U.S.Depcu•imclu of l-leulth and
lhnm n Services. 2016.
Aicoujl,2- ind 1:..-_(_iLm-etre;lti ntco:nc,_tddicti\c; '�
' ,A71I:National Institute on Drag�Ihuse..lan. 2018.
I ;_iAmci ic:ui :Aracicros oI'Pcdiatric JSSuc- Scem ne Rccommcnclation>on I o1mcco and I iL,mvttc,.-' the,lmerican
.-Icacic°mt of Pediatrics. 2019.
Mav 9, 2019 Marin County Civil Grand July Page 5 of 22
Voping: An Under-lhe-Radar Epidemic
with stopping tobacco use, the need for the prevention of tobacco use initiation is high."20 In
addition. the U.S. Surgeon General's office noted, "The earlier youngsters start using nicotine --
even in the form of e-cigarettes -- the harder it is for them to quit a habit that could last a
lifetime.-21
Nicotine can harm the developing adolescent brain, which continues to develop until about age
25.'-2 It can damage the parts of the brain that control attention, learning, mood, and impulse
control.'-' Nicotine also interferes with the way synapses in the brain function. Synapses are the
connections between nerve cells that are established when new memories are created or new
sl<ills are learned.
Using nicotine during adolescence may also increase risk for future addiction to other drugs.24
Addiction to Nicotine is extremely difficult to overcome and quitting poses unique challenges for
young vapers. At this time, no cessation programs exclusively designed for youth are available in
Marin County.
Devices and Their Contents
Vaping devices differ from product to product. They have different looks, packagino.
mechanisms. and designs.15 Most vaping cartridges contain nicotine, but those that do not. have
other harmful ingredients, for example: formaldehyde, a known carcinogen; nitrosamines, which
have been linked to cancel; and diacetyl, linked to serious lung disease; and metals such as
nickel, tin and lead.26 Othel-e-liquid ingredients that are generally considered safe, may cause
damage to users' health when heated and inhaled. At this time, further toxicity studies on a range
of e-liquids are underway, so the long-term effects are not yet fully known.
Since e-cigarettes also deliver different amounts of nicotine and toxins, it's hard for users to
know what they're inhaling. Sixty-three percent of those who used JUUL, the largest selling
vaping product in the U.S., didn't know that JUULs always contain nicotine.27
An entire electronic vaping cartridge, also called a "pod," can be consumed in a few hours. The
amount of nicotine differs from brand to brand, pod to pod. Until recently, cartridges for IUULs
were thought to contain the same amount of nicotine as a pack of cigarettes.' A recent study by
Stanford University researchers shows the nicotine content may be higher, up to the equivalent
Siqueira.Lorena.. 'Meotinc.and l oh tern aS SnbJtanie,;of:'\base in Childial mid Adolescent,.""Pedicaric.s. Vol 139 i Issue I.
.Ian. 2017.
)"areae l >c.lmonu Yuuth and Yuun�;ldult,� 1 Kcporl ofthc Srn'acon Gencial.` U.S. Depculmc17 OJ//eco/th:lnd
1/11mcnn Services.2016.
D��vcr.Jennifer 13..McQuown.Susan C. Leslie.Francis M.. "lite dynamic eftccts ol'nicoline on the de\elomll br;iin
Pharmacology K Therapeutics.Vol. 122. Issue 2.Mai2009.pp. 125-139.
..I he Americom ;Aanlunc of Peds tures Issues SvvCehi,ns Recommendation;oil. l obaceo and f (.i,==nutc..' Ae..lmericau
:Icademr of Pedialrics2019.
"I_I,:cuonic 1_-ci.Llarettc> .-:A(uional hrstilitte on Drug Ahuse.Jun.2018.
'A tporiic I Ci,-,al cltc;.and o1h01 I lcctronicMc,otinc I)clit_ci\ `,cstcnt,� l_NIN.- U.S.1-oOda1d DrrcgAdmim.mation.5
Feb.2019,
" .-1 ome\tet1 1111 h I:ollnd in 1:-111.11, OLi ctt, A_apor.-' WehA/D. Last accessed 7 Apr.2019
'7"i pow I:il u, i „tunl ui uuxhu'c %ttc c_I C10ten can 1101,)(heel Jna."11 inili(mve.21 1 cb.2019
'R l vicc.Elizabeth. Evans. Danner. "-Poi-,on c0ntei 01'TAUT. use: 1 Dod has 50'40 nicotine or 1 01 It Sky'
13:Aeu.c. 29 Au°.2018. - -
May 9. 2019 Marin County Civil Grand Jury Noe 6 ol'22
Vaping:An Under-the-R(.rdctr Epidemic
of two or more packs of cigarettes. Other e-cigarette companies are following JUUI's lead.
creatine a "nicotine arms race."29
Empty cartridges can be refilled with substances that are obtainable online, including cannabis.
Internet videos give step-by-step instructions on how to refill used vape cartridges. They explain
what tools are needed. point out liquids that can be inserted, and detail where those items can be
Purchased. pods can also be refilled with marijuana oil, waxes, and other concentrates. Some
online videos are sponsored by the makers of the products featured in the video demonstrations.
Vaping cannabis is another popular way of getting high since it's virtually smokeless and
odorless. As a result, students have become more emboldened to vape cannabis extracts in and
around school. The cannabis available for pods can be extremely potent. The hallucinatory
ingredient (THC) in the cannabis used today is often two to three times more potent than it was
in previous generations.
Vaping pods are also ideal for housing a distilled form of cannabis called Butane Hash Oil
(BI-10) or"dabs." Vaping BHO is called "dabbing." The term dab arose because "a little dab 'I1
do ya."Dabs are created by stuffing cannabis into a tube similar to a turkey baster and then
adding butane. Crystals or droplets of high-potency cannabis form. The crystals are then heated
to remove the butane. During the cooking process, volatile pools of gas form, which can be
ignited by a single spark. Major fires have occurred because of the dab-making process.30
Dabs have been compared to crack cocaine and called "pot on steroids." "A single inhalation of
[the] concentrate delivers THC and other cannabinoids that are equivalent to three to ten
inhalations of herbal cannabis,"Health News reported.31
Second-hand Smoke Exposure and Other Dangers
Second-hand exposure from e-cigarettes is not as dangerous as exposure to cigarette smoke.
However, it contains a variety of other toxic chemicals, including some carcinogens and
significant amounts of nicotine.' Second-hand exposure from vaping is harmful to Vulnerable
people, including children, and pregnant wornen.33
Recent studies reveal that vaping increases risk of heart attacks by 25% compared to the heart
attack rate among non-vapers.3`r°3' High doses ofnicotine have been found to be responsible for
Armitage.Ilanae -J uld ill;a tt 1 "Ili coli aatmsrace roseatchcrsan."IPuTsai.Aew-oscience.r/nstimie.Sitinlo I
(.'niversilr.8 Feb.2019.
'"--1lo\\ to \Igl:c_Mkkdic.al \i.ti_i lall<t_\\:ax_(th_c_clabaJ.";YCSA/.Accessed on 16 Apr.2019.
'1 1-leiz.DaAid D tbhm I',e\cAc'.l:xt)losice Way to Smoke Ma uana.' health.AeuN. 13 Mar.2015.
''Jan Czogala_Jall ct it ` tondhand I sr)osnrc to Va ors 1 iom 11cctroni C i_ir�ue,. Nicotine ck Tobacco Research..
Volumc.16. Issue 6..Iun. 2014_pp.655-662
1lanae Qasim. tlanan ct al-"Impact of F ICCironlc Civacttes on the C ard10vBICUIM ti"t7m.Journal ofthe American 1kart
Association.Vol little 6.Number 9.30 Aug.2017.
'-t-1 -Ci 2ttirtlC, linked to hc;:rt attacks.coron,u'\ artcr\ Itiseasc and depression."American College of Cardiology. 7 Mar. 2019.
Thompson. Dennis. A thia.'�. I ied to Risc in Suol� Ileut 1tt_icd sk.-WcbM
R D. 30 Jan.2019.
May 9. 2019 Marin County Civil Grand Jury Page 7 of-'-'
Vaping.An Under-[he-Radar Epidemic
seizures especially among children and the FDA has started to investigate whether seizures have
been caused by the use of vaping devices.36 37
The dangers from vaping are not limited to the effects of inhalation. Defective batteries and poor
manufacturing of vaping products have caused explosions and fires resultin<l in serious injuries.-s
In addition, children, adults, and pets have been poisoned after they swallowed. inhaled, or
absorbed e-liquid through their eyes and skin.39.40
"Liquid nicotine is extremely toxic.." The Academy of Pediatrics (AAP) notes. "As little as half a
teaspoon can be fatal if ingested by an average size toddler. In 2014, there were more than 3,000
calls to U.S. poison control centers for liquid nicotine exposure, and one toddler died.41-42 As of
2016. the federal government requires liquid nicotine to be sold in childproof packaging 43 The
AAP urges parents who use e-cigarettes to store the products and any refill materials in child-
resistant packaging and out of the reach of children.44
Student Use
The California Healthy Kids Survey found that in 2018, 47% of eleventh -rade students in Marin
reported that they had used e-cigarettes or vapes.`-5 Twenty-eight percent said they had used them
in the past month and 13% of current users had used them on school premises.16 About 80
percent of youth do not see great risk of harm from regular use of e-cigarettes. Vaping has
become so widespread among adolescents because vaping products are:`7
■ Used by their friends or family members.
■ Readily available -they're easily obtained through friends, the internet. convenience stores, gas
stations. and pharmacies.
■ Believed to be less harmful than other forms oftobacco such as cigarettes.
■ Sold in enticing flavors that taste like candy and desserts, and marketed in attractive, well-
designed packaging that can elude parental discovery.
■ Targeted to youth throltgh relentless, youth-oriented, saturation advertising campaigns that
portray vaping as cool and glamorous.
B Suilcmcnt li-onl HM COmImCSiollCl-Scott Gottlieb.M.D..and Princi)at 1 I)c�i.t\ ( Omnlis ioll,�l \111\ ;AbC�rnctl)y. Al D_ Ph.D..
-- - -- -
on IDA s on e 1n .�I_tcnuttc m t�atu>1 of potential Sid tv i5zue related .� zt.re i til, int a� �i IpiAnC u:..
_ _ __ _ ...
1ru1ucul n IN in Noul n and young adults U.S. Food and Dru,Administration ;Apr. 2019.
\icotinc Poisoni,.�l C011 You Q\crdosc?. WebA91). Last accessed 7 Apr.2019.
's .I ins to,IIch).A\;till Napc" Batten t-,.vw ions." U.S. Food and 17 Dec. 2018.
Mohnep.Gillian. I first Child's Death From l.iguid tiia>tine Reported as A';�t�in_:(i�lm, Po)ulc itv ( airs of liquid_-;icotine
exposutc his mole than doubled since,_last t. v,cat ABC Ne1rs. 12 Dec.2014.
40"I C IG\Rt,l l t_S AND I'll I S DO NO]iNIIV'Pel Poison Helpline. Last accessed 2� Mar.2019.
I he :Amcisi u1 Vcxideme of Pediatrics Issues S\veel)ing Recommendations on Iol icco,incl I C i�velj��.��the Amrriean
Academy of Pediatrics.2019.
I iuuid A_icotin�..l__cd m I_Ci_uctle Con Kill Childien."11ea11hvChildren.o)�,.28 Dec. )0 19.
4' ibid.
a.t"-I he.Amc- ism :icadem�of Pcdi tries Issues S\\echin Rccommendati«n<on !01)uW o Zino I C.i_;il nes. The.I1ur�ican
- - ---
I ccrdenn oll,cdion ics.2019.
a�" a( IIcali'n Kitls Sut�c�.' Cal iforniaDepartment ol'I'Aucation. Last.Accessed 7 Apr. 2019.thlorn,l,- _�- --- -
.'"..1_out h Alcohol.. I ohaex•o__and Other Drug I,se."C.ILSCHLS.Accessed 7 Apr.2019.
"Reasons lbr Iae.:lronic CiLarct(C Ilse:Among Middle and 1lit�h School Students \Zuional Mouth I oi,acco Sure: . t sited
S„Ili �01(�. Cenmr.e for Disease Conn of and Pres+en�ion.Vo1.67(6): 1(Feb.2018.pp.196-200.
May 9, 2019 Marin County Civil Grand .lury Page 8 of 22
Voping:An Under-live-Roden•Epidemic
■ Influenced by marketing produced by the deep-pocketed multi-billion-dollar tobacco companies
with expertise in manipulating youth.
■ Designed to generate hard-to-resist peer pressure.
■ Often advertised by manufacturers as an effective means to quit smoking.
■ Easier to conceal in areas where smoking is prohibited.
When questioned, adolescent e-cigarette users stated that they vaped because they thought it was
less harmful than smoking tobacco cigarettes. Although some said they vaped to stop or cut
down on smoking cigarettes, no major scientific study has found that e-cigarettes are an effective
tobacco dependence treatment product. The AAP reported. "Ill fact. e-cigarette use among teens
is associated with a higher likelihood of using regular tobacco and lower rates of smoking
cessation.
Many adolescents don't think that vaping is harmful to them because it feels different from
smoking cigarettes. For example, it does not taste or smell the same and it can make them feel
good by reducing their stress. They also say it doesn't bother other people and is easier to use in
areas where smoking cigarettes is prohibited.49
When it comes to student vaping, the impact of peer pressure cannot be underestimated; it's
Immense. Peer pressure is a powerful driving force that causes many youngsters to start and
continue vaping.so Since vaping is so prevalent in schools, the peer pressure on students to vape
is constant and unrelenting. Sadly, vaping by students in Marin is increasing at an alarming rate
and shows no signs of letting up.
Schools report that vaping in the bathrooms has become commonplace, forcing some schools to
restrict access, or install "vape detectors".
SOME OF THE
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s
A vaping detector and a sign posted in school bathrooms
s"I he -llneiic�m 1caidcnn of Pediatric,Is,, S\�reainL R"onumnd;mon,on I oh.i�oo and I (aa)ilIcuC).' AIncriccm AcademI
gJ Pedicurics.2019
Jones. Laura. "Val_--the rise in I-j\ chars 13usiiaess Repaier. BR(�:Aeus.31 \1a�201 K.
°I1��ang..lun 11v1111 and Park.Soon-Woo A yociaUon bcmccrn.._I',�ei C i,.ai ttc �Si�.iu -_a.i d I,I Cll"UmC ( i`--.,��tt�Sm�il:inu
amen A.:ule ccnt_�4m>mol:er, '\National Rcprrsenuiti�e Sung A�rtio�ud Cenie� /orl3iaechnnln rIn/innxuior�. 3 Oct.
2016. - -
May 9, 2019 Marin County Civil Grand Jury Page 9 o1`22
Vaping:An Under-lhe-Radar El idemic
Vaping can be hard to detect since the aerosol emitted is often odorless and smokeless, even in
closed environments such as classrooms. Students have not been detected vaping in class when
they blew the aerosol they inhaled into their sleeves. a practice known as "cuffing''. Some
students "ghost," a term for holding the aerosol they inhale in their lungs, where it breaks down
and becomes less visible when exhaled.
Vaping may be less harmful than smoking cigarettes because it emits fewer toxic chemicals, but
vaping is definitely not safe. As previously noted, the aerosols produced during Vaping, contain
toxic substances that are damaging to people's health.
Gateway to Cigarettes
Ironically, vaping is seen as an aide to smoking cessation. On the contrary. a Mayo Clinic study
concluded that e-cigarettes are a gateway for vapors to start smoking combustible cigarettes.51 "I
think the data is pretty clear so far, in the limited studies we have, that it looks like it is a
gateway for youth smoking," says Dr. Taylor Hays, Director of the Mayo Clinic Nicotine
Dependence Center. He further asserts that teens who have never smoked a cigarette are three to
four times more likely to start smoking in the future if they use e-cigarettes.
Another study, published in the International Journal of Adolescent Medicine and Health,
concludes not only are e-cigarettes nol an effective tool for smoking cessation among
adolescents, they are actually associated with higher incidence of cigarette smoking later.52
Role of Parents
Parents often don't know that their children are vaping. Some parents may not realize how often
their kids are vaping, that it can become addictive, and how seriously it can damage their child's
health. Parents also may not recognize that their children have become addicted. They think that
vaping "isn't that harmful" or that "it's better than smoking cigarettes." Others don't find vaping
a problem because they equate it to smoking marijuana, which they did. or still do.
Parents must learn the facts about vaping and understand the harm it can cause. They must be
vigilant and learn to recognize the various types of vaping products that now exist. Parents have
to look more closely and not simply assume that their children's gadgets are flash drives,
highlighters, or cosmetic containers. They have to learn about cuffing andghosting, and to be on
"Turd.
Misunderstandings and lack of knowledge about vaping and the damage it can cause are fueling
today's vaping epidemic. Until parents and their adolescent children pay attention and get the
facts, this epidemic will keep spreading. Parents have the responsibility to play a strong role in
protecting their children. That role begins bygetting accurate information and relaying it to their
children.
' I Iowland..I son "._'13\o C'Imic Minule_Is opine a uc��.i� 10 1 �I mL'?. M9 Ivo Clinic Minute. I mar.2018
Chatterjee. Kshitij et al. "ls um�a a�atc��o� to sinuhin "I rc�i.C�� �-ftii_� 10ui'_i(u1lin,�l �tudi�� LIC07ulionu(Journ il0J
,adolescent A/ediciree cnxi lleeiltl7..Vol.30 Iss.3.9 Aug. 2016.
May 9, 201.9 Marin County Civil Grand Jury Page 10 of 22
Vaping:An Under-lhe-Rcrdor Epidemic
The Players
Vaping is a huge, international industry. The companies that dominate the market are powerful,
multi-billion-dollar mega-corporations that have broad reach, deep pockets, and extensive
experience and expertise in marketing tobacco products -- they know how to lure kids in.
Here is a list of the major players in the field:
JUUL is the largest selling e-cigarette in the United States. It has a share that ranges between 70%
to 75% of the domestic vaping market.C` '' Recently,Atria Group, Inc., the makers of Phillip
Morris cigarettes, purchased a 35% interest in JUUL for a reported $12.8 billion. Altria also owns
the vaping brand Mark"fen,and Marlboro. Parliament. and Virginia Slim cigarettes.
Logic is owned by Japan Tobacco, Inc. (JTI).. and was listed as number 312 on the Fortune 500
list. The Japanese Government owns 33.35% of JTI, which has the largest share of the vaping
market worldwide.
Vuse is owned by R.J. Reynolds Tobacco, the company that also owns Camel, Newport and
Doral cigarettes. It has a 9% share of the vaping market.
BLU is owned by Frontem Ventures B.V., a division of Imperial Brands, which also owns Kool,
Winston, Gitanes, and Gauloises cigarettes.
The popularity and dynamic growth of vaping has led many newcomers to rush into the market.
Some may be "fly-by-night" operations that see vaping as an opportunity for quick profits. They
may produce "knock off' or copycat products of questionable content and quality. Since vaping
involves chemical compounds, heat, and volatility, more health issues and accidents could occur.
Advertising and Promotion
The vaping industry has conducted massive, saturation advertising campaigns to promote its
products. In its April 14, 2014 issue, AdAge reported that six of the eight largest vaping makers
spent nearly $60 million on advertising and promotion. That same report also stated that some
vaping companies are increasing their advertising budgets by 100°/) year after year.
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May 9, 2019 Marin County Civil Grand .luny Page l l of 22
I/al)ing:An Under-lhe-Radar Fj)iden is
For years, the industry targeted youth and glamorized vaping with ads such as the one
reproduced above.55 Recently, vaping advertisements have shifted gears and are promoting their
products as vehicles to help cigarette smokers cut down or stop smoking tobacco. After demands
by the FDA and other agencies, the industry's new advertisements declare that vaping is not for
those under age, state that their products contain nicotine. and make it clear that nicotine is
addictive.
E-cigarette makers work to create a "buzz" by making frequent appearances on the internet,
social media news feeds, and timelines. Brands. like .IUUL, have relied heavily on social media
to market and promote their products.'' One manufacturer sponsored the Sasquatch! Music
Festival in Washington, which featured a vapor lounge with surprise guest appearances from top
performers, device charging stations. an interactive social media photo booth and samples of BILI
eCigs. JUUL sponsored a "Music in Film Summit" at the 2018 Sundance Film Festival in Utah.
These marketing tactics are banned for cigarette and smokeless tobacco. The 2009 Family
Smoking Prevention and Tobacco Control Act prohibited cigarette and smokeless tobacco
companies from sponsoring music, sports, and other cultural events because of evidence linking
these tactics with youthful tobacco use.-7 Other types of tobacco products, including e-cigarettes,
are not bound by these restrictions.59
Full page ads run in major local and national newspapers byJUUL are an example. They make
vaping seem like it's a healthier alternative than smoking tobacco. JUUL promotes itself as a
"switching product," but its web site notes that it's not intended to be used for cessation. The
company also states on its website that JUUL is not for ..... the cure or treatment of nicotine
addictions (e.g. smoking cessation), relapse prevention, or relief of nicotine withdrawal
symptoms."59
Although most websites that sell vaping products ask users to confirm that they're not minors,
those sites do not verify users' ages. They simply accept what their users declare. As a result,
under age vapers can easily order vaping products online.
Unfortunately, the warnings and "safeguards" that industry ads now contain may be too little too
late because so much damage has already been done. Vaping among adolescents is well
established and rapidly growing: it has infiltrated middle schools and is deeply embedded in high
schools. Vaping is a mufti-billion-dollar business and while the vaping industry prospers, our
children endanger their present and future health and that of those around them.
Vaping advertisements frequently appear in newspapers. on IN. online, on YouTube, and
Twitter. Some are celebrity endorsed. Ads that zero in on youth are also delivered directly on
mobile phones and apps. To counter the industry's advertising, the FDA delivers its own
information on sites where teens spend most of their timeonline and in school. In its "Real
Be]lLIZ.Julia "'I hC -;7c COMoitfig, z,t I i i.;do:_,,.r _t�: _� i a.� d:Ocn itt _.tgr�. I'o.r.25.Ian.2019.
Sa"=t nrtrl.eun t utics a ucttc eomj)Mlic,ua. to t.r eci ruth -u. uutc,m -�:u,,i<.� Truth/niiiaure.9 Aug.2018.
.1 tniik Snwl_in.=PicN:»tion �111(1:joh�tcCo< 01W ul .1_cI c,��. ( S Food and Drug Adin inistreilioj7.31 Oct.2018.
ihid
"Our Respui�sihilit�.''J(iUL.2019. Last accessed 17 ;Apr.2019.
May 9, 2019 Marin County Civil Grand .Tory Page 12 of 22
Vaping:An Under-the-Ra(lar Epidemic
Cost Campaign," the FDA provides prevention information on youth-targeted websites and
social media. It also offers materials for use in high schools nationwide, such as posters for
school bathrooms.60
Vaping companies also use scholarship offers to recruit young users. 62 By offering college
scholarships, vaping companies get their brands listed on university websites and get students to
write essays about the potential benefits of vaping. This tactic has successfully landed vaping
brands on the sites of some of the nation's best-known universities, including Harvard. However,
it has been criticized as a thinly disguised ploy to attract young customers. 3
The scholarships awarded vary between $250 and $5.000 and the essays have been on the
following subjects:
■ The benefits of vaping
® Types of e-cigs and recommendations on which is the best
■ The effects of vaping in comparison to smoking cigarettes
■ The benefits of vaping marijuana for medical reasons
As advertising campaigns by the tobacco industry increase, so too must campaigns to counter the
industry's claims. Anti-vaping campaigns Must be focused on teens and parents. They must
clearly and powerfully set forth the facts and explain the scope and dangers of the vaping
epidemic.
Flavorings
Flavorings in tobacco smoke mask their irritating properties and make vaping and other types of
smoking easier to tolerate, which promotes addiction. The Truth hnitiative reported that 43%of
young vapers said they tried e-cigarettes because of their flavor. E-liquid cartridges are available
in an incredible number of varieties: thousands of flavors plus cannabis concentrates. Vaping
cartridges are filled with a variety of seductive flavors that youth equate to sweets. Flavors such
as creme brulee, mixed berry, melon. Life Savers. and Kool-Aid mimic kids' favorite candies,
ice creams, and desserts. For the younger teens. flavors such as rainbow, unicorn poop, and
dragon eggs are available. As a result. vaping by high school students is More common than
vaping by adults.
"0"l lie Peal C o�[C�unp�i�n.`-US. food(md Drug,,Idniimstr(mmi.? I ch.2019.
Schwartz. Drew. _ .......... _ ()m us'cScho� -liIIssuAtiwInvshit Idol s like the Ialesl, p _
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hlov tai nrn_ket m)cs to teens.`" I ice. I 11[111. 2018.-
v' \ >>m cssi�, c ci uctic sell'.' ofi���n- sCho.ishi rs I u=,aeric .hol ushi )i.iise conecins os_cr marketing shine to
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ocns." :A13('.Aeirs. 18 Jun. 2018.
"� Ihw tichol1rshi2 Inriritnc: A ihiii.':.contlzan-i,u. _bicl:' Nape�iroighl.24Aug.2018.
May 9. 2019 Marin-County Civil grand Jury Page 13 of 22
Vaping:An Under-the-Radar Epidemic
ieT
'101
Art
Youth Targeted Device
New vapers are more likely to use flavored vaping products because when inhaled, they're not as
harsh as cigarettes. Middle school students, an emerging vaping market, often begin to vape
because of the flavors. Some flavorings, including menthol, act as an anesthetic that calms newel-
smokers'
ewersmokers' lungs. They also give newcomers the sense that they're less harmful than unflavored
products.
According to studies, mentholated tobacco products also cause problems. When inhaled, they
have a soothing effect so they're more deeply inhaled and harder to quit.64 Mentholated products
have a greater impact and are used more in African American communities than in other
communities.65 66 African American neighborhoods are also targeted disproportionately by
advertising; up to ten times as many advertisements for mentholated products are run in African
American communities than in other neighborhoods. Therefore, it is no surprise that African
American communities have more and greater tobacco-related health problems compared with
other groups.67
Removing flavoring from vape juice as well as from cigars, pipe tobacco, cigarettes, and
cigarillos will decrease vaping's attractiveness to youth. It will also help adult smokers and
vapers to quit.
Community Response
In Marin County, school and health officials recognize that student vaping is epidemic and are
working hard to stop it. The Grand Jury applauds their efforts and understands that they're
waging an uphill fight. Vaping is deeply entrenched in high schools and has an increasing
presence in middle schools. The peer pressure on students to vape is enormous and usually
trumps warnings by parents.. teachers. and other adults.
Stebler.Carolyn. "l hes \rc )Ile 7Aiu,t l u.\iclcanduw_'fo Ci ICe.�"/3ustle.21 Jun.2018.
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as ;A11 \IIiC)I I III UItI( I\ \I I I :A\�ilZl l) I()H,\('( TOM:C I.-CalilorniaTobacco Control Prooram. Last Accesscd
7 Apr. 2019.
"-Kno\\.._\lurr_hotit_M,,mhol (.:i_m tc,. .S7no%eJiet.7or. I ast Accessed 7 April 2019.
67"I I11" 1.1\h HI:l\\I I \ _AI RK \y \\11 RIC \\SA\1) ' HA I IiOL CIG AKI�III:S.- Tobacco Free Florida. Last Accessed
7 Apr.2019.
May 9, 2019 Marin County Civil Grand Jury Page 14 of22
VaEing:An Under-the-Radar Ej)idewiC
Community organizations have come together and have been extremely proactive in �vorking to
curtail student vaping. Local organizations that have taken leadership roles in this tight include:
s The Marin County Office of Education.
■ The County ofMarin Department of Health and Hunan Services.
■ The Coalition Connection.
■ The Marin County Tobacco Control Program.
■ Smoke-Free Marin.
■ Marin Prevention Network.
■ Bay Area Community Resources.
■ MCOE School/Law Enforcement Partnership.
Anti-vaping efforts have taken a four-pronged approach. They have focused on:
■ Prevention efforts aimed at students.
■ Prevention efforts aimed at parents.
■ Community education.
■ Making vaping products harder to get.
These organizations have been functioning for a long time in their successful efforts in reducing
smoking. This existing structure has allowed swift mobilization to address vaping. The Stanford
Tobacco Prevention toolkit has been updated to include vaping.68 In-class state curriculum for
tobacco education pre-dates vaping and has been supplemented to include vaping.
Getting essential information about the dangers of vaping to students, parents, and the
community is essential. Students should be informed about the damage to their health caused by
vaping and how it could affect them for the rest of their lives. Parents need to be aware of the
extent and severity of the vaping epidemic, how to identify vaping devices, and recognize that
their kids are vaping. They must learn how to deal with children who vape and where to get help.
The community must understand that a wide-scale, vaping epidemic exists and be aware of the
dangers it can cause. The community must also press its elected officials to promptly enact
measures that would make vaping products more difficult to obtain.
Prevention efforts for parents are all about education. In Marin, more than 15 presentations have
been made. where parents and other community members learn about vaping. They learn what
vaping devices look like. how to recognize when their kids are vaping, the terminology around
vaping. and the dangers involved. These presentations have reached over 400 participants.
Students are resistant and have heard the warnings. Even if they know the risks, they think that
they're immune and that the potential damage from vaping won't affect them. Adolescents don't
listen to adults. They consider adults to be sermonizers, intruders, and out-ol-touch authority
figures who do not understand them and their world.
The most promising approach for reaching students is through peer-to-peer programs. Peers are
powerful influencers they're the trend setters whom youth look up to and follow. Peer-to-peer
..I he fob;cco I'rc�.:11tio 1.1_I.��olkil.Stanford Medicine.Last Accessed 7 Apr.2019.
................................................. ...........
May 9. 2019 Marin County Civil Grand Jury Page 15 of 22
Duping: An Under-ihe-Radar F.,pidcmic
programs operate on the premise that just as peer pressure can lead students to vape, peers can
prevent them from startingor. if they've started, to stop.
Peer-to-peer programs try to get to students early via their peers. First, high school students are
selected to be peer educators. Then the peer educators are trained on how to approach and inform
others about the dangers of vaping. Primarily, they focus on middle schoolers and
Underclassmen. For example, if a junior is chosen to be a peer educator, lie or she will make
presentations to middle schools and tenth-graders. Peer educators will also make presentations to
health. science. and other classes at their schools and to school staff, parents, and community
Groups. They hold one-on-one conversations with other students, and develop programs, such as
videos and infographics. customized for their schools and audiences.
Peer-to-peer programs in Marin County are underway at the following high schools: Novato, San
Marin, Marin Oaks, Tamalpais, Redwood, Drake, San Rafael, and Madrone. Programs have also
been launched in some middle schools. This past school year, 72 peer educators have been
trained and are actively working to curtail student vaping. Over 2,000 students have been
reached.
Laws and Legislative Proposals
In 2016, the U.S. Food and Drug Administration issued regulations (the Deeming Rule)
extending the agency's regulatory authority to all tobacco products, including e-cigarettes and
similar delivery systems. The Rule requires health warnings on products that were not on the
market on February 15, 2007.
Specifically, the Deeming Rule:
■ Bans distribution offi-ee samples.
■ Requires warnings on products containing nicotine.
■ Requires statements warning consumers that nicotine is addictive.
■ Restricts youth access by prohibiting sales to people younger than age 18.
■ Requires photographic proof of age for purchasers of tobacco products.
The implementation of the Deeming Rule was postponed by the FDA until 2022. The agency
announced that it planned to issue rules on a larger initiative to reduce nicotine related deaths.
However. the bans on sales to persons under 18 and on distributing free samples remain in effect.
On March D. 2019. the FDA released its long-awaited proposed guidelines to restrict sales of
most flavored vaping products sold in stores.69 Three flavors - tobacco, menthol. and mint -
would be exempted since the agency believes that they appeal more to adults than to teenagers.
Under the proposal. stores would be required to verify the age of their customers or have
separate age-restricted areas for vaping products. The proposed rules would also require
companies to use third-party age verification technology for online sales.
e--I ox,, I)c Cnuno I )I I_-( n_ cuc, (iew_s.and Ali Other l obacco Product).' U.S. Food and I)I.11—Adminisli-anion.
16 Nov.2018.
May 9. 2019 Marin County Civil Grand Jury Page 16 of 22
Vapin. An Under-the-Radar Epidemic
In late 2018. bills were introduced in the California Senate to ban the sale of flavored e-cigarettes
and all other tlavored tobacco products to combat use by youth (SB-38). Le-isiators introduced a
bill to set stricter rules for age verification in sales oftobacco products online and by mail (S13-
39). In early 2019, the California Assembly began work on AB-739 to restrict sales of 11avored
tobacco. including menthol. All three of these bills are in the initial stages ofthe legislative
process.
Legislation has also been introduced on the federal level. SB 65570 and 1-IR 14981. dubbed the
Stop Appealing Flavors and E-cigarettes to Kids Act (SAFE Kids Act), were submitted in March
2019.
Marin County has enacted an ordinance banning the sale of flavored tobacco products including
vaping liquids and mentholated cigarettes. The ban takes effect on July 1, 2019 and applies to
unincorporated areas in the county. Sales in one tobacco specialty store have been permitted to
continue until January 1, 2020.
In addition to the county.. a number of III Lill icipalities in Marin have enacted flavored tobacco
bans. A listing of those jurisdictions appears on the chart below. Although a ban on the sale of
flavored tobacco in all jurisdictions in the county would have the greatest impact on reducing
adolescent vaping, that uniformity does not yet exist. To be effective, a ban must be County-
wide. Bans in individual jurisdictions won't be a strong deterrent if vaping products can be
bought by simply taking a short drive.
The chart below shows the entities in Marin County that have adopted flavored tobacco
ordinances as of April 17, 2019. Some municipalities do not have tobacco sales.
Flavored Tobacco Includes Menthol? Effective Date
Ordinance?
County of Marin 7/1/2019
Belvedere
Corte Madera 1/1/2020
Fairfax 12/6/2018
Larkspur 1/1/21020
Mill Valley
Novato 1/1/2018
Ross
San Anselrno Pending 1/1/2020
San Rafael Under Consideration
Sausalito 11/1/2018
Tiburon
'`One business exempted until 1/1/20
b`51 1-1 I\id \cl."Gorlrnck.5 Mac 2019.
"
11.R, 1-408: x:111 kid,. ct.- GorTrnck. Mar.2019.
May 9. 2019 Marin County Civil Grand .Ivry Page 17 of 22
Vcgging. Ail Under-lhe-Radar Ej)idemic
Prounrams are underway in the county to enforce the sales' bans and more are planned. The
Central Marin Police Authority has been conducting checks, which include sting operations,
tines, and license suspensions. The Sheriffs Department has entered into a Memorandum of
Understanding with the Marin Prevention Network to conduct compliance checks at locations
where tobacco is sold. The aim is to check each location at least once each year and impossible,
twice a year. The Sheriffs Department has received a three-year grant from the California
Department of Justice Tobacco Grant Program for$150,000. Central Marin Police Authority has
also received a grant for tobacco education and enforcement.72
Bypassing Flavored Tobacco Laws
While flavored tobacco laws are important in limiting access, they are not a panacea.
Adolescents are resourceful and the vaping industry is more than willing to assist their creativity.
Unflavored. or"tobacco flavored," products are still allowed under the flavored tobacco bans.
albeit with age restrictions. Concentrates that can add flavor to unflavored vape juices are readily
available.
Some young vapors have figured out how to obtain vaping products without arousing parental
suspicions. A widely-used method involves purchasing gift cards issued by companies such as
Visa and MasterCard, using those cards to buy vaping products online, and have their purchases
shipped to pick-up lockers or fi-iends' houses, where they are retrieved.
Some internet sites have an age verification process that matches the buyer's name and other
information with public records. This process is easy to bypass, however. by entering a parent's
or other adult's information. Some sites located off-shore do not even ask users for age
verification. Sites that skirt or violate tobacco sales laws can be set up, moved or removed as
soon as they're discovered by regulators.
Students who act as distributors in schools can be hard to detect. They buy in bulk, fi-equently
with the aid of an adult, and then market their purchases, with markup.. on campus. Most high
school students know a supplier.
Cessation Programs
Some adolescents are addicted to nicotine and help for them is limited. To stop vaping. young
people have to overcome unique challenges that other people do not face, especially peer
pressure and their need to be independent and rebel. These adolescents need specially
CLIStomized treatment to break their addiction.
F-cis-arettes have not been approved as smoking cessation aids by the U.S. Prevention Service
Task Force. In fact, no smoking cessation medications are FDA approved for use by children or
adolescents younger than age 18. As previously noted, at this time_ no cessation proOrams
designed for VOUMI vapers are available in Marin County.
"CIII (T I..ARKSI R tiIa I Report. Ahiil x,._'019 C_itN Council N1CCti_n "
Mav 9. 2019 Marin County Civil Grand Jury Page 18 of 22
Vaping. n Uncler-the-Radar Epidemic
The County of Marin Department of Health and Human Services and the Marin County Office of
Education should tap into the resources of Marin's largest healthcare providers. Too ether with
Kaiser Permanente, Sutter Healthcare, and the Marin Healthcare District they can jointly develop
much needed adolescent nicotine addiction programs.
Adolescent vapers who want to stop vaping currently have few viable alternatives. They can
attend cessation programs developed for adults. However, these programs don't address their
special needs. Many may try to abstain and go cold turkey. This method is so difficult that most
do not succeed. Young vapers may attend private or group sessions with a cessation counselor.
but after a session or two, they often don't return for follow-up. To date, no Nicotine
Replacement Therapy (NRT) medication or device has been approved for youth (The Journal of
Pediatric Pharmacology and Treatment).'
Although research on e-cigarette cessation is in its early stages, solid research on how to help the
users successfully quit traditional tobacco products exists. This research and many of its
recommendations may be applicable to vaping.7`t For example, digital tools and programs have
been proven to help smokers quit.
The vaping industry claims that its products are "switching products," but their success rate in
helping smokers to stop their tobacco use is extremely weak. A recent study published in the
New England Journal of Medicine by British researchers showed that 160/0 of tobacco smokers,
who switched to vaping, stopped smoking for at least one year. On the other hand, only 8%
stopped smoking tobacco by using patches, lozenges, and chewing gum.75 Although the success
rate of cessation via vaping was twice that of patches, lozenges, and chewing gum, a 16% rate of
success would not pass the FDA threshold required for the approval of any other medication or
device. Simply put, a 16% success rate is dismal.
Furthermore, those who quit smoking cigarettes by vaping, run the risk of continuing to be
addicted to nicotine and remaining subject to the health dangers it causes. Since nicotine is
highly addictive, virtually all vapers find it hard to quit, but young vapers find it especially
difficult.
In the absence of better alternatives, l-800-QUITNOW is a toll-free numberoperated by the
National Cancer Institute (NCI) that will connect the caller directly to a tobacco quitline.6 While
these proorams are oriented to adults, some materials or referrals may be available for teen
addicts. Truth initiative has expanded its quit-smoking resources to include an e-cigarette quit
program.` This free text message program was created with input from teens. college students
and young adults who have attempted to, or successfully, quit e-cigarettes.
�,nu)l.in� ,,.�ition I icptmuIt Ior AdolesccIts.`J Pedian•PharmocoI Phcr.2010 Oct-1)cc: 15(4): 249-263.
our I:i� nt �m1 or alloci 1 c hmv bu,cut cjp th°m qwt . truth mi/iaiire. 21 Feb.2019.he
l lack ct al."1 iUII(l lml/ld I ti,il of I -C'igarcttcs ccrsus V`icotinc-Kcplu�cni�nt l hem l)C' \esr l_n�land Jotunul oJ.Vcdicine.
Vol.3801)1).029-637. 14 Feb.2019.
a`Snu�hine_` !.oh�icco t_,c._Quit Smol<mL,.. Centers for Disease Cosmo!rnxl Prevention. I I Dec.2017.
�ruittiu_ c cit��.`Truth lttitiative. 18.Ian.2019.
May 9.. 2019 Marin County Civil Grand Jury Page 19 422
Vaping:An Under-the-Radar Epidemic
FINDINGS
F1 . Most vaping products are nicotine delivery systems that are designed to appeal to
youngsters, are highly addictive, and may cause life-long health problems.
F2. Student vaping in Marin County is an epidemic that is increasing and reaching younger
students including those in middle schools.
F3. The Marin County Office of Education and the Department of Health and I]uman
Services are leading diligent efforts to curb youthful vaping. but the public does not fully
understand that vaping is an epidemic and the health damage it causes.
F4. Many students in schools in Marin County are not aware that vaping products contain
nicotine, that it is highly addictive, and can severely damage their health.
F5. Many parents don't know about vaping. They can't recognize vaping devices, are not
aware that their children are vaping, and may not know the severe damage to health
vaping can inflict.
F6. Vaping cartridges can be refilled with substances including cannabis extracts that are
several times stronger than the marijuana smoked by previous generations.
F7. Peer pressure leads many adolescents to take up and continue using vaping products. Peer
to peer programs and coaches effectively help students deal with peer pressure.
F8. All government bodies in Marin County do not ban the sale of flavored tobacco. To be
effective, a ban must be county-wide and be vigorously enforced.
F9. Adolescents who want to stop vaping face unique problems that make it extremely
difficult for them to quit. To date, no cessation programs that address their special needs
exist in Marin County.
Fl 0. Vaping aerosols are odorless, smokeless, and hard to detect. However, commercial
devices to detect vaping aerosol are available and can be installed in school areas where
vaping commonly occurs.
Fl 1. Mentholated tobacco products are damaging to health. but not all flavored tobacco
ordinances in the County ban them.
May 9. 2019 Marin County Civil Grand .Wry Page 20 of 22
Vaping: An Under-the-Ruder Epidemic
RECOMMENDATIONS
R1. The CoLmty of Marin Department of health and Human Services. the Marin County
Office of Education and all school districts should increase initiatives to provide students,
parents, and the community with more information and support on vaping prevention and
cessation. Initiatives should include digital and social media content. including materials
for middle and high schools.
R2. Marin County Office of Education should create and make available resources for
students, parents, teachers, and the community stressing the dangers of vaping and where
cessation assistance can be obtained.
R3. The Marin County Office of Education should partner with high school coaches and the
Marin County Athletic League, educate them on the dangers of vaping, and develop a
program to stress those dangers to the members of their teams.
R4. Each school district should install vaping detectors in school bathrooms and other areas
where vaping frequently occurs.
R5. All municipalities in the county that have not banned the sale of flavored tobacco
products should do so within the next year.
R6. Novato and Fairfax should amend their tobacco ordinances to include menthol flavored
tobacco products.
R7. The County of Marin Department of Health and l Inman Services should work with the
local medical community, including Kaiser Permanente, Sutter Healthcare and the Marin
Healthcare District to establish teen nicotine cessation programs.
R8. All law enforcement agencies should coordinate the enforcement of sales bans on
flavored tobacco.
REQUEST FOR RESPONSES
Pursuant to Penal code section 933.05, the grand jury requests responses as follows:
From the following governing bodies:
■ County of Marin Board of Supervisors (R 1. R7)
■ Marin County Office of Education Board of Directors (R1_ R2, R3. R4)
■ Belvedere City Council (R5, R8)
■ Fairfax Town COlmcil (R6, R8)
■ Mill Valley City Council (R5, R8)
■ Novato City Council (R6, R8)
■ Ross Town Council (R5, R8)
■ San Rafael City Council (R5, R8)
■ Sausalito City Council (R8)
v Tiburon Town COuncll (R5, R8)
May 9, 2019 Marin County Civil Grand Jury Page 21 of 22
11'aping. An Under-the-Radar Epidemic
■ Dixie School District Governing Board (R1, R4)
■ Kentfield School District Board of Trustees (R 1_ R4)
■ Lagunitas School District Governing Board (Rl, R4)
■ Larkspur- Corte Madera School District Board of'Trustees (R 1, R4)
■ Mill Valley School District Board of Trustees (RI, R4)
■ Novato Unified School District Board of Trustees (R 1. R4)
■ Reed Union School District Board of Trustees (R l, R4)
■ Ross School District Board of Trustees (R1.. R4)
■ Ross Valley School District Board of Trustees (Rl, R4)
■ San Rafael School District Board of Education (R1. R4)
■ Sausalito-Marin City School District Board of Trustees (RI. R4)
■ Shoreline Unified School District Board of Trustees (R I. R4)
■ Tamalpais Union School District Board of Trustees (R I. R4)
■ Marin Healthcare District Board of Directors (R7)
■ Central Marin Police Authority Police Council (R8)
The governing bodies indicated above should be aware that the comment or response of the
governing body must be conducted in accordance with Penal Code section 933 (c) and subject to
the notice, agenda and open meeting requirements of the Brown Act.
From the following individuals:
■ Marin County Sheriff(R8)
The following individuals are invited to respond:
■ Medical Group Administrator, Kaiser Permanente, San Rafael (R7)
■ CEO, Sutter Health Care, Novato Community Hospital (R7)
Note: At the time this report was prepared information was available at the websites listed.
Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code
Section 929 requires that reports of the Grand .Jury not contain the name of any person or facts
leading to the identity of any person who provides information to the Civil Grand July. The
California State Legislature has stated that it intends the provisions of Penal Code Section 929
prohibiting disclosure of witness identities to encourage full candor in testimony in Grand Jury
investigations by protecting the privacy and confidentiality of those who participate in any
Civil Grand .Jury investigation.
May 9, 2019 Marin County Civil Grand Jury Page 22 of 22
EXHIBIT
RESPONSE TO GRAND JURY REPORT FORM
Town of Tiburon
Report Title: Vahing-Ate Under 1e Radar Lpidemie
Report Date: May 9, 2019
Public Release: May 16, 2019
Response By: Town of Tiburon
RECOMMENDATIONS
■ Recommendations numbered _NA_have been implemented.
■ Recommendations numbered: _5 and 8_have not yet been implemented
but will be implemented in the future.
■ Recommendations numbered: NA require further analysis.
■ Recommendations numbered: _NA will not be implemented because
they are not warranted or are not reasonable.
Date: November 6, 2019
Signed:
Number of pages attached: 1
1
Office of the Town M(inti er
Town Of Tiburon
November 6, 2019
The Honorable Kelly Simmons Pat Randolph, Foreperson
Judge of the Marin County Superior- Marin County Civil Grand Jury
Court 3501 Civic Center Drive, Room 275
Post Office Box 4988 San Rafael, CA 94903
San Rafael, CA 94913-4988
Re: Response to Grand Jury Report
Vaping-An Under the Radar Epidemic
Dear Honorable Judge Simmons and Mr. Randolph:
This letter explains in detail the Town of Tiburon's response to the Civil
Grand Jury Report dated May 9, 2019 (Vaping-An Under the Radar Epidemic).
The Report directs the Town to respond to Recommendations R5 and R8.
RESPONSES TO GRAND JURY RECOMMENDATIONS
The Marin County Civil Grand Jury recommends the following:
R5. All municipalities in the county that have not banned the sale of flavored
tobacco products should do so within the next year.
Response: This recoininen(lation has not yet been in7j)1envented, but may be
implennented in the firtu1°e.
Staff is in the process of developing recommended changes to the Towns current
ordinance related to tobacco sales (Tiburon Municipal Code Chapter 28-11).
These changes will include a proposed ban on flavored tobacco products. We
anticipate bringing this item for Council consideration within 6 months.
R8. All law enforcement agencies should coordinate the enforcement of sales
bans on flavored tobacco
Response: This recommendation has not yet been imlVennented, but will be
iny-Vemented in the fi.Nure.
If the Tiburon Town Council adopts a ban on flavored tobacco products, the
Tiburon Police Department will work with other local agencies to ensure
compliance.
Sincerely.
Greg Chanis
Town Manager
Town Council Meeting"
TOWN OF TIBURON November 6, 2019
1505 Tiburon Boulevard Agenda Item: PH- 1
Tiburon, CA 94920
STAFF O .
To: Mayor and Members ofthe Town Council
From: Department of Administrative Services
Subject: Personnel Rules & Regulations: Consider Amendments to Municipal Code
and Personnel Rules & Regulations Regarding Amended Discipline
Procedures
Reviewed By:
Greg Chanis,Town Manager Benjamin Stock,Town Attorney
SUMMARY
In 2018,the"Town Council approved Mernorandums of Understanding with the Town's two bargaining
units, including a revised Disciplinary Action Procedure. Tonight, the Council is asked to amend an
ordinance and adopt a resolution formalizing the updated procedure in the Town's Municipal Code and
Personnel Rules & Regulations to ensure consistency in procedures between bargaining units and
unrepresented employees.
RECOMMENDED ACTION(S)
1. Adopt the resolution(Exhibit 2)amending the Town's Personnel Rules& Regulations.
2. Hold a Public Hearing on the draft ordinance(Exhibit 3)and consider any testimony. Make a
motion to read by title only and carry the motion; then read the title of the ordinance, and hold
a roll call vote to pass the first reading, waiving any additional readings. If the ordinance is
passed for first reading, the ordinance will be scheduled for adoption at the next regular
meeting of the Town Council.
BACKGROUND
On August 15. 2018, the Town Council approved Memorandums of Understanding (MOUs) with
the Tiburon Police Officers Association (TPOA) and the Service Employees International Union
(SEIU). The Town and representatives fi-om TPOA and SEIU agreed on three-year contracts which
cover the terms and conditions of employment of unit members until .lune 30, 2021.
As part of both new contracts. both parties agreed to the terms of a revised Disciplinary Action
Proccdtn-e which names the Mown Manager for the final approval for disciplinary action and
appeals. The revised procedure provides Department Heads (the Director of Administrative
Services.. Director of Community Development. Director ofPuhlic Works/Town Engineer_ and the
Chief of Police) "Ith the authority to administer discipline of employees in their respective
departments. Ftu-ther. the revised procedures introduce an appeal hearing process for disciplinary
ToNvN or TIBURON PAGE I or 3
actions that utilizes a Hearing Officer, selected by use of a strike list, fi-om the Public Employee
Relations Board (PERB). Appeal hearings will result in a written, advisory decision from the
PERB I learing Officer to the Town Manager. Within 30 days of receiving the Hearing Officer's
advisory decision, the Town Manager will make a final decision regarding disciplinary action and
no further appeal will be permitted.
The Town Council reviewed and supported the amended Disciplinary Action Procedure
during the 2018 labor negotiations process. It is now appropriate for the Council to adopt the
necessary amendments to the Municipal Code and the Town's Personnel Rules & Regulations to
reflect these procedural changes to ensure consistency in discipline procedures for bargaining units
and unrepresented employees. No additional changes have been made.
ANALYSIS
The amended chapter of the Personnel Rules & Regulations (Rule XIII) is attached as Exhibit 1.
Staff notes Sections 6-9 of Rule XIII remain unchanged.
Procedurally, the Council is asked to adopt the attached resolution (Exhibit 2)amending Rule X111
of the Towns Personnel Rules and Regulations with the updated disciplinary procedures.
The Council is also asked to hold a Public Hearing and introduce the attached ordinance (Exhibit
3) further formalizing the updated disciplinary procedures in the Town's Municipal Code. The
ordinance amends Chapters 2 ("Administration")and 3 ("Personnel") and gives the Town Manager
the authority to delegate employee discipline to department heads.
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town by adoption of this resolution or ordinance.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this iter is statutorily exempt fi-om 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.
RECOMMENDATION
Staff reconnmends that the Town Council bN separate motion:
I. Adopt the resolution (Exhibit 2) annending the Town's Personnel Rules &
Re<Qulatioils.
2. 1 fold a Public Hearing on the draft ordinance (Exhibit 3) and consider any testimony.
Make a motion to read by title only and carry the motion: then read the title of the
ordinance. and hold a roll call vote to pass the first reading, waiving any additional
readings. Ifthe ordinance is passed for first reading, the ordinance will be scheduled
for adoption at the next regular nnecting of the Town Council.
Tow.,y or Tim izoN P,vGt: 2 or 3
Exhibit(s):
I. Amended Personnel Rules& Regulations Rule XIII: Disciplinary Action/Separation fi-om the Service
2. DRAFT Resolution Adopting Amended Personnel Rules&Regulations Rule XIII
3. DRAFT Ordinance
Prepared By: Lea Stefani,Town Clerk
ToNN or 71131 lzoN PAG►: 3 or 3
EXHIBIT 1
RULE XIII. DISCIPLINARY ACTION/SEPARATION FROM THE SERVICE
Section 1. For purposes of these Rules,the following positions are considered "department
heads": Director of Administrative Services, Director of Community Development, Director of Public
Works/Town Engineer, and the Chief of Police.
Section 2. Types of Disciplinary Actions:The following are types of actions that may be utilized by
the department heads in disciplining employees.
A. Oral Reprimand:A formal discussion with an employee about performance or conduct
problems. This action preferably is summarized in a memo to the employee outlining
the nature of the discussion. An oral reprimand is not subject to the appeal process
described below.
B. Written Reprimand: A written document presented to an employee regarding
performance or conduct problems.A copy must be provided to the employee with a
copy being placed in the employee's personnel file. A written reprimand is not subject
to the appeal process described below.
C. Disciplinary Suspension:An involuntary absence without pay for a fixed period of time.
D. Reduction in Pay:The temporary or permanent reduction in pay of an employee.The
department head may,within the minimum and maximum of the salary range for the
position, decrease the salary level of an employee whose ability to perform the required
duties of his or her position falls below standard, as determined by the department
head, or for disciplinary procedures.
E. Demotion: Demotion to a lower classification. The department head may demote an
employee whose ability to perform required duties of his or her position falls below
standard, as determined by the department head, or for disciplinary purposes. No
employee shall be demoted to a position for which he or she does not posses the
minimum qualifications.
F. Termination: Discharge from the Town service. An employee in the competitive service
may be discharged for cause at any time by the department head.
Pending investigation of an imposition of a disciplinary matter,the Town Manager may place an
employee on paid administrative leave.
The Town is not required to take disciplinary actions in sequential or progressive order. The level of
disciplinary action taken shall be commensurate with the offense, provided that the prior employment
and disciplinary history of the employee may also be considered pertinent.
Section 3. Causes for Discipline. Disciplinary action may be taken for any reasonable cause,
including, but not limited to,the following:
A. Unauthorized absence or excessive absenteeism;
B. Conviction of a felony, or conviction of a misdemeanor relating to the employee's
fitness to perform assign duties;
C. Disorderly conduct;
D. Carelessness; incompetence, inefficiency, or negligence;
E. Insubordination;
F. Intoxication while on duty;
G. Neglect of duty;
H. Negligence or willful damage to public property, or waste of public supplies or
equipment;
I. Violation of any lawful regulation or order made and given by a line supervisor;
J. Willful violation of any of the provisions of the Ordinances of the Town,these rules, or
other promulgated by the Town Manager as Administrative Orders;
K. Tardiness;
L. Discourteous or disrespectful treatment of other employees,Town residents and other
members of the community, customers, suppliers, or visitors, or treatment that does
not foster cooperation between employees or employees and the community,-
M.
ommunity;M. Dishonesty;
N. Misuse of or failure to maintain any employment qualification;
0. Sleeping on the job or leaving the job without authorization;
P. Improper use of Town funds;
Q. Acceptance or solicitation of bribes or extortion;
R. Unauthorized use of Town property;
S. Theft of or harm to Town property or the personal property of another;
T. Failure to comply with safety standards; and/or
U. Use of influence of position with the Town for private gain or advantage, or the use of
time, facilities, equipment or supplies for private gain or advantage;
V. Other failure of good behavior either during or outside of employment such that the
employee's conduct causes or should reasonably be expected to cause discredit to the
Town.
Section 4. Notice of Intent:The following procedure shall be adhered to for non-emergency
suspensions, demotions, reductions in pay, and terminations:
A. The department head shall issue to the affected employee a written Notice of Intent of
the proposed disciplinary action. The notice shall be delivered to the affected employee
personally or sent to the employee by either overnight mail and/or certified or
registered mail, return receipt requested, at the employee's last known address.
B. The Notice of Intent will include the following:
1. A statement that clearly defines the intent to take action, the proposed action
to be taken, and the proposed effective beginning and ending time of intended
action.
2. A statement of the specific grounds and particular facts upon which the
proposed disciplinary action will be taken;
3. A copy of all written materials, reports, or documents upon which the intended
action is based;
4. A statement that the employee will be afforded the right to respond to the
Notice of Intent, either verbally or in writing, or both, within ten (10) calendar
days upon receipt of the intended disciplinary action; and
5. The employee's signature on the Notice of Intent will acknowledge receipt of
said notice by the employee. If the employee refuses to sign, it will be noted as
such on the Notice of Intent. The signature documentation on the Notice of
Intent will acknowledge that the employee received the Notice of Intent.
C. Employee Response to Notice of Intent. Within ten (10) calendar days, after the
employee has been served with the Notice of Intent, the employee will have the right to
respond, verbally or in writing, or both,to the department head concerning the
proposed disciplinary action. If, within the ten (10) day response period, the employee
does not provide a written or verbal response, the proposed action of the Town will
take effect as set forth in the Notice of Intent.
D. Notice of Final Discipline. After considering the employee's timely response, the
department head shall issue and deliver to the employee a Notice of Final Discipline,
which shall be a written statement of the decision to uphold, modify,or reject the
proposed Disciplinary Action. Such action may not include discipline more severe than
that described in the Notice of Intent.
Section 5. Appeal of Disciplinary Action
A. Disciplinary Actions Subject to Appeal. A regular employee may,within ten (10) calendar
days after the effective date of a suspension, demotion, reduction in pay, or
termination,file a written appeal with the Director of Administrative Services.
B. Failure to Request Disciplinary Appeal Hearing. If the employee fails to request a
disciplinary appeal hearing within the prescribed time and manner,the employee shall
have waived the right to a hearing and all rights to further appeal of the disciplinary
action.
C. Hearing Officer.
For appeals of discipline,the Town and employee or Association shall obtain a strike list
of seven names from the Public Employee Relations Board (PERB). The Town and the
employee/Association shall then mutually select the Hearing Officer by striking names
from the list in alternating turns. Fees for the hearing officer will be borne by the Town
unless the employee is represented by an association in the appeal, in which case the
costs will be split evenly between the Town and the association.
After the Town has issued the Final Notice of Discipline, any delay by the employee or
Association in selecting a hearing officer or setting a hearing date, in excess of thirty (30)
days, shall result in the employee forfeiting his or her right to an appeal, and the
discipline shall become final.
D. Representation at Disciplinary Appeal Hearing. At the disciplinary appeal hearing,the
employee may be represented by counsel or other representatives. The employee may
not be represented by a person who will be called as a witness.
E. Production of Witnesses and Documents. The Hearing Officer shall have the authority to
compel the attendance of witnesses, and to require the production of documents. The
Hearing Officer shall also have the authority to require the identification of witnesses,
documents, and other evidence in advance of the disciplinary appeal hearing.
F. Conduct of Disciplinary Appeal Hearing. The proceedings before the Hearing Officer shall
be conducted as follows:
1. The Town shall have the burden of proof, and the burden shall be by the
preponderance of the evidence.
2. The hearing need not be conducted in accordance with the technical rules
relating to evidence and witnesses, but shall be conducted in a manner most
conducive to the determination of the truth. Any relevant evidence may be
admitted if it is the sort of evidence on which responsible persons are
accustomed to rely in the conduct of serious affairs, regardless of the existence
of any common law or statutory rules which might make improper admission of
such evidence over objection in a court of law. Decisions made by the Hearing
Officer shall not be invalidated by any informality in the proceedings.
3. The Hearing Officer shall determine the relevancy,weight, and credibility of
testimony and evidence.
4. Irrelevant evidence and unduly repetitious evidence shall be excluded.
5. The Hearing Officer shall have the authority to exclude any witnesses and other
persons not necessary to the proceedings.
6. The Hearing Officer shall not engage in ex parte communications with the
parties.
G. Appeal Officer's Decision.
The Hearing Officer shall issue an advisory,written decision containing findings of fact
and conclusions of law. The Hearing Officer shall recommend that the Town affirm,
revoke, or reduce the disciplinary action imposed against the employee.The Hearing
Officer may not recommend discipline more stringent than that imposed by the
department head. The Hearing Officer shall not have the authority to render a binding
decision that requires the Town to expend additional funds, to hire additional
personnel,to buy additional equipment or supplies, or to pay wages or benefits not
specifically provided for in the Personnel Rules or by any resolutions, ordinances, or
policies adopted by the Town. The Hearing Officer shall not have the authority to
require the Town to perform any other action that would violate state or federal laws.
The Hearing Officer's decision shall be advisory to the Town Manager.The Town
Manager shall, within 30 calendar days from after the date of receipt of the Hearing
Officer's decision, issue a final written decision that shall affirm, revoke, or revise the
Hearing Officer's recommendation. The Town Manager's decision constitutes a final
resolution of any disciplinary action and no further appeal shall be permitted within the
Town's administrative process. A copy of the Town Manager's decision shall be provided
to the charged employee, and may be placed in the employee's personnel file.
H. Extension of Time. Any time limits specified in this procedure may be altered by mutual,
written agreement.
Section 6. Layoff.The appointing authority may layoff employees because of lack of work, lack of
funds, changes in duties of the organization, abolition of positions or reorganization, requiring the
reduction of the work force of the Town. The name of any employee so released shall be placed on an
appropriate re-employment eligibility list. Within ten (10)working days before the effective date,the
Personnel Officer shall notify the employee affected of the intended action,the effective date, and the
reasons therefore. Employees laid off pursuant to this section shall not have the right to appeal.
Section 7. Resignation. An employee wishing to leave the competitive service in good standing
shall file with his or her supervisor a written resignation notice, stating the effective date and reasons
for leaving at least ten (10)working days before that effective date. The resignation shall be forwarded
to the Personnel Officer along with other pertinent information. An employee's failure to comply with
this rule shall be entered in that employee's service record. The resignation of an employee who fails to
give the minimum ten-day notice shall be reported to the Personnel Officer by the supervisor
immediately and shall be sufficient cause to deny subsequent request for reinstatement.
Section 8. Abolition of Position. The Town Council may abolish for cause, any position of
employment by amendment of the appropriate schedules of positions and employments in a Salary and
Benefits Plan Resolution. Employees transferred, demoted or laid off because of the abolishment of
positions,shall not have the right of appeal in such cases. The effective date of abolishment of a position
occupied by an employee shall be at least thirty (30) calendar days after the act of abolishment.The
Town Council may, by declaration of an emergency, modify the effective date.
Within ten (10)working days before the effective date,the Personnel Officer shall notify the employee
affected of the intended action, the effective date, and the reasons.therefore.
When reduction of personnel is generally indicated, positions shall be vacated on decision of the Town
Manager,who shall take into consideration the administrative needs of the Town as well as
maintenance of the public peace, health, safety and welfare.
Section 9. Compensation Upon Separation. Upon separation, the employee will receive
compensation for pay, allowances and accrued vacation and sick leave balances for date of termination.
EXHIBIT 2
DRAFT RESOLUTION NO. XX-2019
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING AND REPLACING RULE XIII (DISCIPLINARY ACTION/SEPARATION.
OF SERVICE) OF THF, TOWN'S PERSONNEL RULES AND REGULATIONS
WHEREAS, Chapter ') of the Tiburon Municipal Code provides for the maintenance of an
effective personnel system; and
WHEREAS, it is necessary. fi-om time to time. to amend the Town's Personnel Rules and
Regulations, so that it may reflect modern personnel administration procedures and newly
legislated law; and
WHEREAS, in 2018, the Town's two bargaining units agreed to terms of a revised Disciplinary
Action procedure that shifts authority from the Town Council to the Town Manager as final
approval for disciplinary action and appeals; and
WHEREAS, the Town's Personnel Rules and Regulations has been amended to reflect these
revised disciplinary procedures in Rule XIII.
NOW, THEREFORE. BE IT RESOLVED, that the Town Council of the Town of Tiburon does
hereby repeal Rule X111 of the Town's Personnel Rules and Regulations and adopt the revised
Exhibit Rule XIII to the Town's Personnel Rules and Regulations.
PASSED AND ADOPTED by the Town Council of the Town of Tiburon on November, 11,
2019, by the following vote:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
DAVID KUL1K, MAYOR
ATTEST:
LEA STEFANI. "TOWN CLERK
Page I q/']
Toirn Cozincil Resolution jVo.1;V-2019 D1?,;1FT November 6, 2019
EXHIBIT
1 ORDINANCE NO.
2
3
4 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
5 AMENDING MUNICIPAL CODE TITLE I ("GENERAL PROVISIONS AND
6 ADMINISTRATION"), CHAPTER 2 ("ADMINISTRATION"), ARTICLE II ("TOWN
7 MANAGER"), SECTION 2-8 ("POWERS AND DUTIES GENERALLY"), SUBSECTION
8 (C) REGARDING THE TOWN MANAGER'S DISCRETION IN DELEGATING
9 EMPLOYEE DISCIPLINARY AND/OR TERMINATIONAUTHORITY TO
10 DEPARTMENTAL HEADS
11
12
13 NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF TIBURON
14 DOES ORDAIN as follows:
15
16 SECTION 1. FINDINGS.
17
18 A. The Town would like to empower Department Heads to terminate employees.
19 B. The Town Council held a duly noticed public hearing on November 6, 2019 and has
20 heard and considered all public testimony on the proposed Ordinance.
21 C. The Town Council finds that all notices and procedures required by law attendant to the
22 adoption of this Ordinance have been followed.
23 SECTION 2. ADOPTION OF AN AMENDMENT TO THE MUNICIPAL CODE.
24
25 Title 1. Chapter 2, Article 11, Section 2-8, Subsection (c) of the Tiburon Municipal Code is
26 amended by adding Subsection (c)(1) to read as follows:
27 2-8 Powers and Duties Generally.
28 (c) "1_o appoint. remove, promote and demote any officers and of the town
29 except the town attorney and town treasurer. subject, however, to any civil service or personnel
30 systems establishcd by ordinance. I'll Section )-24_1 epartniclit l i ds'-fie, tl"e
31
32v`E ii t4+ las .s i i t` 'me ( t of PodiceDepallYn °nt I lc ad�. X14 1C`131"1L i in the l f} yn b
33 C h 1 t in ;l t Si t hxd 11,uc ;?et j shall have the itflhoritv to <CI€11insStt i4i�(( �h c',, un o
34 _; l n 1:_d e,'filii ii .�i c 1 ;111, 1 th . .... .....
35 s h,c ,,t �a shell he �idvson; o the._(o n
36 3-2 Same—Administration.
37 The town manager or the appointed personnel officer shall administer the personnel
38 system in accordance with personnel rules and regulations adopted by the town council bN
Town of Tiburon Ordinance No. XXX N. S. First Reading [Draft] --/--/2019 Page 1
39 resolution. The town manager shall prepare and present proposed rules and regulations to the
40 town council.
41 thc aho e. Department I leads (ix, 1_)c L)arn-n nt l lg=:fds a- defined t,_I c
42 1 w n's }t� _.tt [t � h�in in the Municinal ud,2eti § } 3 it i�
43 1
-- --`.-- — �r'r�—t?;rcz-i i.�c;—r:e i-�r-��r:-iii-r;.—i-f-?i}-^•-�--:. h.-ce= -�i-c�'� ti> _.....
44 ,( aj tti:c: th i.a hE -itN to _i11istor d isciolilie, up to indItic'lid €i r terniI ,,at3on of z E�1plov C_ I" lici�
45 t.c:i c' c'c?3tn? t
46 SECTION 3. SEVERABILITY.
47
48 If anv section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
49 held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
50 decision shall not affect the validity of the remaining portions of the Ordinance. The Town
51 Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, an},
52 section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or-
53 more sections, subsections, sentences, clauses, or phrases may be declared invalid or
54 unconstitutional.
55
56 SECTION 4. EFFECTIVE DATE.
57 This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
58 and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
59 ordinance shall be published with the names of the members voting for and against it at least
60 once in a newspaper of general circulation published in the Town of Tiburon.
61
62 This ordinance was introduced at a regular meeting of the Town Council of the Town of
63 Tiburon on 2019, and was adopted at a regular meeting of the Town Council Of the
64 Town of Tiburon on 2019, by the following vote:
65
66
67 AYES: COUNCILMEMBERS:
68
69 NAYS: COUNCIL.MEMBERS:
70
71 ABSENT: COUNCILMEMBERS:
72
73
74
75
76 DAVID KULIK, MAYOR
Town of Tiburon Ordinance No. XXX N. S. First Reading [Draft] --/--/2019 Page 2
77 Town of Tiburon
78 ATTEST:
79
80
81
82 LEA STEFANI. TOWN CLERK
Town of Tiburon Ordinance No. XXX N. S. First Reading [Draft] --/--/2019 Page 3
Town CounCil Mectin1_1
N(,vei��bcr C. 2019
TOWN OF TIBURON
105 Tiburon Boulevard Agenda Item: AI - 1
'I iburon. CA 94920
i
7TO
[v/lavor and Members of the Town Council
From: Department of Administrative Services
Subject: Town COUnCII Committee Appointments List: Consider Revisions and New
Appointments
RevICwCd Bv: 14
n/a
Gre(Chanis,Town IVlanaRer Benjamin Stock,Town Attorney
SUMMARY
The"Town Council will consider revisions and new appointments,to the.Comniittee Appointments List.
RECOMMENDED ACTION(S)
1. Consider new appointments to fill the vacancies left by Councilmember Fraser's
resignation, and/or revisions to existing appointments.
BACKGROUND
Members of the Town Council are appointed to serve on a variety of local and regional boards
and committees and as the Town representatives on a number of joint powers authorjtjcs. They
also serve on Town standing and ad hoc committees to study issues or projects in town.
It is regular practice for the Town Council to conduct an annual review of the list of appointments
(Exhibit 1) at the beginning of each year, following the reorganization of the Town Council in
December. to make any changes or new appointments. However, the Council is asked to rcvjc\y
the list tonight to fill the seats left vacant by Councilmember Frasers resignation. The Council
will likely review the list again after the certification of the March 3. 2020 special municipal
election_ \\hen a nes-v Councilmember is sworn in.
ANALYSIS
The Council may consider revisions to existing appointments of seated councilmembers. but is
specilieally asked to make appointments to till the following vacancies:
• Association of Bay Area Governments (Delegate)
• Community Development Block Grant Priority Setting Committee (Alternate)
• Richardson Bav Regional A,-,ency Board of Directors (Delegate)
• I ransportation Authority of��larin (Alternate)
1 car 2
TOvy x or T IBURON Parr.
• Belvedere-Tiburon Joint Disaster Advisory Council
• Belvedere-Tiburon Joint Recreation Committee (The Ranch)
• Tiburon Peninsula Traffic Relief Joint Poi-vers Agency (Primary Director)
"ovvii Stan'"n- "on-iiilittees
o Affordable Housi110
o Downtown Revitalization
o Legislative Action (Recommended Appointment: Ctn-rent Mayor)
o Martha Property Applications
• Town Ad Hoc Committees
�i-2v
• MCC:MC- Committees
o JPA Oversight Ad Hoc (Delegate)
o Pension and OPEB Reform Committee (Alternate)
o Disaster Preparedness Committee (Delegate)
FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item 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.
RECOMMENDATION
Staffrecommends that the Town Council consider new appointments to till the vacancies left by
Councilmember Fraser's resignation, and/or revisions to existing appointments.
Exhibit(s):
I. Council Committee Appointments List
2. Brief summary of state and regional boards and committees
Prepared By: Lea Stefani,Town Clerk
TooI. Tii3t 1z t: 2 or 2
EXHIBIT 1
T!BURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
7099
I. STATE & REGIONAL AGENCIES
1. ASSOCIATION OF BAY AREA GOVERNMENTS
(General Assembly meets in April and October)
VACANT, Delegate
Jon Weiner, Alternate
2. COMMUNITY DEVELOPMENT BLOCK GRANT
PRIORITY-SETTING COMMITTEE CDBGj
(Meets twice a year in Marin City and at Civic Center)
Holli Thier, Delegate
VACANT, Alternate
3. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September, other events as published)
Alice Fredericks, Delegate
• Voting Delegate for Town of Tiburon
o Alternate: Holli Thier
• Transportation, Communication & Public Works State Policy Committee -
(Appointment by League President)
4. MARIN CLEAN ENERGY BOARD OF DIRECTORS
(Meets 1'`Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael)
Jon Weiner, Delegate
David Kulik, Alternate
5. MARIN CLIMATE AND ENERGY PARTNERSHIP (MCEP)
Local Governments for Sustainability (Meets 1'` Thursday, San Rafael City Hall)
Kyra O'Malley, Staff Liaison & voting board member
6. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS
(Meetings scheduled as needed)
Police Chief Michael Cronin, Delegate
Retired Capt. David Hutton, volunteer Delegate
Holli Thier, Alternate
7. MARIN TELECOMMUNICATIONS AGENCY BOARD OF DIRECTORS
(Meets 2"d Wednesday from 7-9 p.m., San Rafael City Hall)
David Kulik, Delegate
Holli Thier, Alternate
2019 DRAFT Town Council Committee Appointments List Page 1 of 5
8. RICHARDSON BAY REGIONAL AGENCY BOARD OF DIRECTORS
(Meets monthly on 2nd Wednesday at 6:00 p.m. -Sausalito City Hall)
VACANT, Delegate
David Kulik, Alternate
9. TRANSPORTATION AUTHORITY OF MARIN
BOARD OF COMMISSIONERS
(Meets monthly on 4th Thursday at 7:30 p.m. - Board of Supervisors Chambers, Civic Center)
Alice Fredericks, Board member and Vice Chair [Term = May 1, 2016-2020]
• Fredericks serves on the Human Resources Ad Hoc Committee, and
Administration Projects Planning Executive Committee (Chair)
• Fredericks is MCCMC liaison to TAM and reports monthly at MCCMC
Jim Fraser, Alternate
II. LOCAL AGENCIES/COMMITTEES
1. BELVEDERE-TIBURON JOINT DISASTER ADVISORY COUNCIL
(Meets bi-monthly on 2"Tuesday from 4:00-5:30 p.m. in the Town Council Chambers)
VACANT, Town Council Representative
2. BELVEDERE-TIBURON JOINT RECREATION COMMITTEE (The Ranch)
(Meets bi-monthly on 3''Monday in the Town Hall Community Room)
VACANT, Town Council Voting Member (a/o June 2012)—annual appointment
3. TIBURON PENINSULA TRAFFIC RELIEF JOINT POWERS AGENCY (formed 3/16/16)
[JPA members include Town of Tiburon, City of Belvedere, RUSD]
Holli Thier— Primary Director
VACANT—Primary Director
Alice Fredericks—Alternate Director
III. TOWN STANDING COMMITTEES
1. AFFORDABLE HOUSING
• VACANT
• Alice Fredericks
2. DOWNTOWN REVITALIZATION
• VACANT
• Holli Thier
3. LEGISLATIVE ACTION
• VACANT
• Alice Fredericks
2019 DRAFT Town Council Committee Appointments List Page 2 of 5
4. MARTHA PROPERTY APPLICATIONS
• VACANT
• Alice Fredericks
5. PATHS AND OPEN SPACE ACCESS
• Alice Fredericks
• Holli Thier
6. USE OF TECHNOLOGY
• Holli Thier
• Jon Welner
IV. TOWN AD HOC COMMITTEES
1. 2018-2019 BUDGET/FINANCE
• VACANT
• David Kulik
2. SUSTAINABILITY
• Alice Fredericks
• Jon Welner
3. TOWN MANAGER PERFORMANCE EVALUATION
• Alice Fredericks
• David Kulik
4. UTILITY UNDERGROUNDING ASSESSMENT DISTRICT POLICY
• Alice Fredericks
• David Kulik
V. MCCMC APPOINTMENTS
Nominated by MCCMC and appointed by Board of Supervisors
GOLDEN GATE BRIDGE HIGHWAY & TRANSPORTATION DISTRICT BOARD OF
DIRECTORS
(Meets 2"& 4"Fridays at 10 a.m., GG8HTD offices)
Alice Fredericks [current term = 1/18 — 1/20]
Fredericks GGBHTD Committee Appointments: Building and Operating
Committee; Transportation Committee; Finance Committee (Vice Chair); OPEB
Committee (Vice Chair); Labor Relations Advisory Committee (Chair)
2019 DRAFT Town Council Committee Appointments List Page 3 of 5
Fredericks is also District representative to and Secretary of the
GGB/Amalgamated Transit Union Pension Board of Trustees
Town Appointments to MCCMC Committees
1. Legislative Committee (a Standing Committee per MCCMC Bylaws)
(Meets4thd Monday of 8:00 o.in.,Son Rafael City Holl)
Alice Fredericks (also serves as Chair)
No alternate
2. JPA Oversight Ad Hoc Committee
(Meetings scheduled os needed)
VACANT, delegate
No alternate
3. Climate Change and Sea Level Rise —Ad Hoc Committee
(Meetings scheduled os needed)
Jon Welner, delegate
Alice Fredericks, alternate
4. Pension and OPEB Reform Committee
Holli Thier, Delegate
David Kulik, Delegate
VACANT,Alternate
5. Disaster Preparedness Committee
VACANT, Delegate
Holli Thier, Alternate
6. Marin County Bay Waterfront Adaptations Vulnerability Evaluation
*(Bay WAVE) Policy Group
Alice Fredericks' appointment affirmed by Town Council on April 20, 2016
7. HOMELESS POLICY STEERING COMMITTEE (HPSC)
(Under auspices of County Dept. of Health Human Services)
Holli Thier, Town representative
VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee
(Meetings scheduled os needed)
Pat Barnes
2019 DRAFT Town Council Committee Apoointinents List Poge 4 of 5
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Greg Chanis
2019 DRAFT Town Council Committee Appointments List Poge 5 of 5
EXHIBIT 2
Town Council Committee Appointments
Summary I ist
Association of Bay Area Governments
(General Assembly meets in April and October)
ABAG's mission is to strengthen cooperation and collaboration among local governments and to provide
innovative and cost effective solutions to common problems they face. ABAG provides planning and
research resources related to land use, housing, environmental and water resource protection, disaster
resilience, energy efficiency and hazardous waste mitigation, risk management, financial services and
staff training.
Community Development Block Grant Priority Setting Corn- mittee (CDBG)
(Meets twice a year in Marin City and at Civic Center)
The Community Development Block Grant program provides federal grant funds from the U.S.
Department of Housing and Urban Development to non-profit organizations and local governments for
housing, community facility and public service projects serving lower income people. The priority setting
committee reviews applications for usage of federal funds.
Homeless Policy Steering Committee [County Department of Health and Human Services)
(Meets Quarterly)
The HPSC develops long-term strategic plans and facilitates year-round efforts to identify the needs of
homeless individuals and families in Marin County.
League of California Cities
(Meets quarterly and at the annual conference in September,other events as published)
The League is an association of California city officials who work together to enhance knowledge and
skills, exchange information, and combine resources.The League advocates for local control in the
legislature, provides a legal advocacy program, publishes resources for government operations, and
sponsors education, conferences and professional development.
Marin Clean Energy Board of Directors
(Meets 1s'Thursday from 7-9 p.m. at 1 McGinnis Parkway,San Rafael)
The purpose of Marin Clean Energy is to address climate change by reducing energy related greenhouse
gas emissions and securing energy supply, price stability, energy efficiencies and local and economic
workforce benefits. It is the intent of MCE to promote the development and use of a wide range of
renewable energy sources and energy efficiency programs, including but not limited to solar and wind
energy production at competitive rates for customers.
Marin Climate and Energy Partnership
Local Governments for Sustainability(Meets 1st Thursday,San Rafael City Hall)
The mission of Marin Climate and Energy Partnership is to create a countywide partnership that allows
members to work collaboratively, share resources and secure funding to implement overarching policies
and programs in each agency's Climate Action Plan and to collect data and report on progress in each
agency's individual greenhouse gas emission targets.
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Town Council Committee Appointments
Summary List
Marin Emergency Radio Authority Board of Directors
(Meetings scheduled as needed)
MERA was formed to plan, implement and manage a countywide public safety and emergency radio
system to help unify response and ensure communication among individual agencies and departments.
MERA's governing board is comprised of representatives from the County of Marin, the cities and towns,
fire districts, and special districts.
Marin Telecommunications Agency Board of Directors
(Meets 2"d Wednesday from 7-9 p.m.,San Rafael City Hall)
Marin Telecommunications Agency(MTA) is a Joint Powers Authority that administers the Comcast,
AT&T and Horizon State cable franchises on behalf of its members and developing policy related to
telecommunications services in Marin County, including cable, broadband and related services. MTA
aims to promote availability, accessibility, affordability and public inclusion in telecommunications
infrastructure and services in Marin County.
Richardson Bay Regional Agency Board of Directors
(Meets 2"d Wednesday at 6:00 p.m.—Sausalito City Hall)
RBRA is a JPA between the County of Marin and the cities of Belvedere, Mill Valley, Sausalito and
Tiburon for the purpose of providing local control of the anchorage areas of Richardson Bay and
Belvedere Cove. The agency adopts regulations pertaining to the anchoring and mooring of transient
vessels in Richardson Bay and Belvedere Cove.
Transportation Authority of Marin Board of Commissioners
(Meets 4'Thursday at 7:30 p.m.,Board of Supervisors,Civic Center)
The Transportation Authority of Marin (TAM) is designated as the congestion management agency for
Marin County, and is tasked with preparing a Congestion Management Program to fulfill state legislative
requirements of Propositions 111 and 116, approved in 1990. TAM is also the transportation sales tax
authority for Marin County, responsible for program funding for transportation programs in Marin.The
TAM Board includes Council representation from each city or town in Marin, and the Board of
Supervisors.
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