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HomeMy WebLinkAboutTC Agd Pkt 2014-09-03Peggy Curran From: Jacqueline Parnell <jacquelineparnell @ymail.com> Sent: Wednesday, September 03, 2014 4:00 PM To: alITC (Tiburon Town Council) Subject: My support for Tiburon's participation in supporting REST Attachments: photo (36),JPG My name is Jackie Parnell, and as a former Tiburon Town Councilmember, I am asking you to support the Marin Organizing Committee's proposal to create a year -round home for REST, the rotating emergency shelter. I served on the town council from 1965 until 1967, as well as the Tiburon Planning Commission, and I was also a part of the fight to incorporate Tiburon, on part, to protect it from several proposed developments. See the attachment for a picture of our back deck in Del Mar, above Tiburon Boulevard, from the early 60's. The only way a year -round shelter can work in this county is everyone chips in to support it. Homelessness is an issue we all have an obligation to address, and even Tiburon has an important role to play. I urge you to support the MOC in this effort. Sincerely, Jackie Parnell 0ECEoVE� SEP - 3 2014 D TOWN CLERK TOWN OF TIBURON 40 Reedland Woods Way Tiburon,CA 94920 Dear Town of Tiburon, RECEIVL_ SEP 0 1 2014 TOVN TIO j TOWN We would like to let you know of our strong support for the Town of Tiburon annually contributing to and possibly hosting a permanent homeless center. Don Abramson and Julie King 415- 380 -8191 0ECEovE� SEP 3 2014 TOWN CLERK TOWN OF TIBURON 9� �Y First Church of Christ, Scientist 501 San Rafael Avenue Belvedere, CA 94920 www.christiansciencebelvedere.com Telephone - 415 435 -0248 August 21, 2014 Dear Tiburon Town Council, We hope Belvedere - Tiburon will financially support the REST program. It was our privilege and joy, as attendees of the Christian Science church in Belvedere, to take part in the REST program this past winter with other local faith congregations. While our participation was new, the other faith groups in our community have graciously assisted in this important effort to meet the needs of our fellow citizens in Marin County for many years. We think of our community as Marin County and not just the Tiburon Peninsula. In our participation in the REST program we enjoyed meeting those members of this expanded community who came to dinner at the Community Congregational Church and talking with them as we would with any dinner guest. It has raised our awareness of a side of our society that deserves sincere and compassionate support. Since we are unable to attend the Tiburon Town Council meeting on September 3'd, we wish to express our desire to have the Town of Tiburon give their support to REST. It is a project worthy of support as it offers a helping hand to those who live among us who are less fortunate, but not less worthy. Thank you for considering the necessity of a county -wide effort to provide a shelter that will be a stable and welcoming place for those in need. Sincerely, Leslie Freeman Jeanne Price Barbara Brookins Joan Hess 3- /y TG XIT FREQUENTLY ASKED QUESTIONS ABOUT MOC and REST PROGRAM For specific data on the homeless population in Marin, please refer to the HomeforallMarin.org website. What is the Marin Organizing Committee (MOC)? Marin Organizing Committee is a broad - based, non - partisan and non - profit organization of churches, synagogues, non - profits and civic organizations located throughout Marin County. MOC is affiliated nationally with the Industrial Areas Foundation, the oldest and largest community organizing network in the country. MOC's core mission is the building of a power organization through the identification, development and mentorship of leaders from member institutions. The leaders identify, research and respond to the economic, social and political pressures facing their families, neighborhoods, communities and institutions in Marin County. This response takes the form of collective public action at the local, regional and state level. MOC Member Institutions Community Congregational Church, Tiburon; Congregation Kol Shofar, Tiburon; Congregation Rodef Sholom, San Rafael; Church of Our Savior, Mill Valley; Dominican Sisters; Fairfax Community Church; First Presbyterian Church, San Rafael; First United Methodist Church, San Rafael; Gan Halev and San Geronimo Community Center; Marin Interfaith Street Chaplaincy Mill Valley Seniors for Peace; Parent Services Project; Old Gallinas Children's Center; St. Anselm's Catholic Church, San Anselmo; St. Raphael's Church; and St. Vincent de Paul Society What is the REST program? REST stands for Rotating Emergency Shelter Team. The REST program is an emergency shelter program that operates from November 15 to April 15 and is housed in various congregations (40 men) and the County Health and Wellness Center (20 women). Run by the St. Vincent de Paul Society and funded by the Marin Community Foundation in partnership with the County of Marin, REST operates using behavioral guidelines to determine eligibility. What are we asking for? One site that is available 365 nights a year What is the long -term strategy regarding REST? In the long -term, we would like to see REST expanded to accommodate more people, and we would also like to see REST paired with services for the homeless such as mental health counseling, job training and life management skills. There has been talk of creating a "campus" where shelter and services can be brought together, but a site for that purpose will mostly likely need to be built with a capital campaign. In the meantime, REST needs to operate on a year - round basis. Once we have secured such a site, we can focus on the next phase. We are also considering pursuing finding a place where people can camp safely and /or sleep in their cars safely. What are the REST site criteria? A group of service providers, representatives from MOC, county staff and community members, called the REST Advisory Council, have created the following criteria for evaluating possible sites for REST. An appropriate site must have • An ADA- compliant space large enough for:40 men and 20 women, plus staff, to sleep in separate areas; • A kitchen to prepare or heat and serve food; • A place for all of the REST guests, staff and the volunteers to sit down and eat together; • Adequate restrooms; • A central location in Marin County; and • Adequate and safe parking for volunteers. What is current REST budget? The current REST operating budget is $350,000 to administer the program for five and a half months. This budget includes $250,000 from the Marin Community Foundation, secured through the County of Marin, and approximately $100,000 in in -kind donations of housing and food provided by participating congregations, organizations and individual volunteers. What is our estimated REST budget for a 365 -night shelter? The annual operating budget for a permanent year -round shelter is estimated to be $1.25 million. The Board of Supervisors has allocated $500,000 as a one -time line item in their 2014- 2015 budget. We propose support from these entities for the annual operating budget: 40% County of Marin 500,000 20% Marin Cities & Towns 250,000 20% MCF and Private Funds 250,000 20% Congregations In -Kind 250,000 $1,250,000 This budget represents a collaborative strategy of funding from public and private sources that reflects a fair share equitable contribution across the county. What is the allocation formula for each city's or town's share? The request being made of each city or town is a combination of a share based on the number of jurisdictions in the County plus a share based strictly on population (the 2010 census). The contribution from cities and towns also recognizes that the homeless in Marin are part of a countywide issue that necessitates a county -wide solution. Why will it cost so much to run REST? The largest budget item for REST is in staffing. Once REST is expanded to a year -round program, the REST employees will become full time and an assistant director will need to be hired. REST will also need to pay for security. In addition, depending on the eventual site, REST will need to pay rent as well as utilities such as water, electricity and garbage. Doesn't Marin County already have an emergency shelter? Homeward Bound of Marin provides 55 beds at its Mill Street Shelter in San Rafael, funded in large part by the County. Mill Street is the entry point for single adults into Homeward Bound's programs (which include New Beginnings Center, Next Key and Fresh Starts Culinary School). Clients are required to be sober and make a financial contribution, which not everyone is able to do. In addition, Mill Street's beds are filled nearly every night. What does REST —style shelter add to Marin County? Merin County needs a shelter system with both higher and lower barrier shelter opportunities and more total emergency shelter beds , REST runs on a behavioral model, evaluating guests daily during intake to assess each guest's ability to cooperate with REST rules. In many ways, REST complements Homeward Bound's programs by serving homeless men and women who are not quite ready for a structured program, and who can benefit the most from REST's emphasis on fellowship and community. Please note: In the six years that REST has been in operation, in neighborhoods throughout Marin County, there have been no incidents reported of any sort. Most neighbors and communities don't even know that REST guests are there — they come on a bus at approximately 5:30 pm and then leave on a bus at 6 am and go directly to the dining room at St. Vincent de Paul's for breakfast. Does REST take care of families? Not at the present time. Homeward Bound runs an emergency shelter for 9 families in San Rafael as well as a number of transitional housing units, but it is not nearly enough to meet the current need. What help could I find in Marin County if I were to lose my place to sleep tonight? You could try calling the Mill Street shelter, but they are likely to be full, and they only do intakes on weekdays. If the REST program isn't in operation, and it is after 2:30 pm, or on the weekend, there would be no place for you to go. If we provide more shelter, won't more homeless people come to Marin? Our capacity is so limited that even with REST, we often still have to send people to Sonoma and other counties for services. In addition, as is noted on the HomeforallMarin.org website: Most people who experience homelessness remain in the community where they became homeless. The presence of family and friends, familiarity with the community and its resources and the fear of being homeless in an unfamiliar area, all create a natural reluctance to leave a community. Persons with disabilities and older adults are less likely to leave an area where they lived prior to homelessness than are younger persons. Those that do relocate, do so because they are searching for work, have family in the area or for other reasons- 3 With respect to this past REST season (November 2013 -April 2014), 70.4% of REST guests had been in Marin for at least one year and 42.1 % of REST guests had been in Marin for at least 2 years. Don't current best practices suggest that we favor housing over shelter? Housing is always the ultimate goal, but diverting money for shelter into housing only works in areas where there is already a robust shelter system and lots of affordable housing stock. Marin County has neither. Data shows that the majority of people who find themselves homeless are back on their feet in less than a month — they just need a place to sleep while they figure it out. What is the Homeless Policy Steering Committee? The Homeless Policy Steering Committee develops long -term strategic plans and facilitates year -round efforts to identify the needs of homeless individuals and families in Marin. Membership on the committee includes Supervisors Katie Rice and Susan Adams. Health and Human Services staff, service providers, law enforcement, city council members and other interested parties. The Homeless Policy Steering Committee does not have the power to enact or enforce policies. What is the Continuum of Care? A Continuum of Care (CoC) is a U.S. Department of Housing & Urban Development (HUD) requirement for the coordination funding for homeless services and housing. In essence, the work of the Homeless Policy Steering Committee is the enactment of the Continuum of Care. What is the 10 Year Plan to End Homelessness? The 10 Year Plan is the blueprint developed by the Homeless Policy Steering Committee to implement the Continuum of Care. The 10 Year Plan is more of a guiding framework with broad goals and does not include or require specific steps or actions. Please contact Meredith Parnell at 415.302.1383 or Gail Dorph at gaildorph @gmail.com with your questions. Ell To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting September 3, 2014 Agenda Item: GC' Subject: Consider Adoption of Amendments to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code for the Purpose of Prohibiting Marijuana Dispensaries in All Zones (Adoption of Ordinance) Reviewed By: BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on August 20, 2014, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. WMIN M 11 "1 This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 552 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 552 N. S. Prepared by: Scott Anderson, Director of Community Development S \' TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 552 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) TO BAN MARIJUANA DISPENSARIES SECTION 1. FINDINGS. A. Medical Marijuana dispensaries as allowed by Proposition 215 have been established in several locations in California, and as a consequence, some local agencies have reported increases in illegal drug activity, illegal drug sales, robbery of persons leaving dispensaries, loitering around dispensaries, falsely obtaining 'identification cards' to qualify for medical marijuana, and other increases in criminal activity. B. On June 25, 2014, following public hearings held on that date and on June 11, 2014, the Planning Commission adopted Resolution No. 2014 -09 recommending to the Town Council that the Council adopt an ordinance banning medical marijuana dispensaries in the Town of Tiburon as being inconsistent with the residential and village character of the Town. B. The Town Council held a duly noticed public hearing on August 20, 2014 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15301 and 15305 of the CEQA Guidelines, as well as being exempt from CEQA under the "general rule ", pursuant to Section 15061 (b)(3) of the CEQA Guidelines. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code shall be amended as follows: (A) Section 16- 20.030(4)(a) is hereby added as follows: 4. Prohibited uses. a. Marijuana Dispensaries are prohibited in all zones. Tiburon Town Council Ordinance No. 552 N.S. Draft Effective —/—/2014 EY.1-IIBIT NO.-L (B) The following definition is hereby added to Section 16- 100.020(M): Marijuana Dispensary. Any use that involves making marijuana available for any purpose, including, without limitation, medical purposes in accordance with Health and Safety Code Section 11362.5 (Proposition 215). SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Within fifteen (15) days after its passage, the Town shall publish a copy of the ordinance, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the 20th day of August, 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the 3`d day of September, 2014, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. 552 N.S. Draft Effective —/—/2014 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting September 3, 2014 Agenda Item: cc Subject: Consider Single -Use Carryout Regulations Adding Chapter 10A (Carryout Bags) to Title RI of the Tiburon Municipal Code (Adoption of Ordinance) Reviewed By: Z IJ161KW&111Juu] The Town Council held first reading of this ordinance following a public hearing at its meeting on July 16, 2014, and waived additional readings. At that time, the Council directed staff to remove portions of the ordinance associated with a requirement to charge a fee for bags of any kind. At the scheduled adoption meeting on August 20, 2014, a clerical error was discovered that neglected to delete certain fee - related provisions from one section of the ordinance. The error has been corrected and the ordinance now returns to the Town Council for consideration of adoption. The error occurred in Section 10A.060 of the ordinance, which has been corrected as shown below in track- changes format, with regulatory references to per bag charges and monies collected deleted. 10A.060 Reusable bags regulated. A. All Stores shall make Reusable Bags available for purchase by a Customer. BE. Each Store is strongly encouraged to educate its employees and staff to promote Reusable Bags and to post signs encouraging Customers to use Reusable Bags. P All et, ..t post signage ele a. indieating the per b eh e fe f Reusable B E. All Stores must indien-te An t4he Giustefaer- sales reeeipt the number of Reusable Bags pre and the total afaeunt eharged fer the bags. CF. Each Store is strongly encouraged to charge for a Reusable Bag a price commensurate with the cost to procure the Reusable Bag, in order to encourage maximum reusability and not cause the Reusable Bags to be treated as throw -away items. All monies eelleeted by a Store ften; the salta Fif R-eu.sable Bags pursuant to this ehapter- s be retained by the Ater -e The section has been revised and the final version under consideration for adoption by the Council is attached as Exhibit 1. TOWN OF TIauRON PAGE 1 OF 2 Town Council ticctin-a Scpmmbcr 3. 2014 PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. 19XV- 06I01 )i►1 YCli`►i Staff recommends that the Town Council approve final adoption of Ordinance No. 551 N. S. EXIIIBIT 1. Draft Ordinance No. 551 N. S. Prepared by: Scott Anderson, Director of Community Development Tm\ \ of Tu;i ORDINANCE NO. 551 N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADDING CHAPTER 10A TO TITLE HI OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO REGULATION OF CARRYOUT BAGS SECTION 1. FINDINGS. A. The Town Council held duly noticed public hearings on July 2 and July 16, 2014 and has heard and considered all public testimony on the proposed Ordinance. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare for the following reasons: (1) The manufacture and distribution of single -use carryout bags requires utilization of finite natural resources. (2) The use of single -use shopping bags have severe environmental impacts, including greenhouse gas emissions, litter, harm to wildlife, water consumption and solid waste generation. (3) Plastic bag litter results in costs to public agencies, including the Town of Tiburon, through necessary removal of bag debris from storm drains, public roadways and open spaces that are owned and maintained by those public agencies, including the Town of Tiburon. (4) Statewide the rate of recycling of plastic bags is only approximately five percent (5 %). It is the desire of the Town of Tiburon to conserve natural resources, to protect wildlife and natural habitat, to reduce waste, litter and marine pollution and to protect the public health and welfare, and adoption of the ordinance will further these objectives. D. The Town Council finds that the actions made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. E. The Town Council finds that adoption of this ordinance would comply with the requirements of the California Environmental Quality Act (CEQA) as described below: (1) The Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15307 of the CEQA Guidelines. There is substantial evidence in the record that plastic single -use carryout bags affect marine natural resources, as such bags constitute a substantial portion of man-made marine debris and degrade into smaller pieces which are more difficult to remove from the environment and are consumed by wildlife. The manufacture, transport and recycling of Z�;;IIBIT NO. Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective 4--12014 reusable bags uses far less natural resources than plastic disposable bags and only a small fraction of all plastic bags are recycled. (2) The Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15308 of the CEQA Guidelines. There is substantial evidence in the record that because of their shape and light weight, plastic bags are highly windblown throughout the urban environment and into creeks, wetlands and the Bay. Plastic bags also comprise a large portion of storm drain debris and man- made marine debris and represent a significant threat to wildlife. (3) The Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15061 (b[3]) of the CEQA Guidelines. Due to the small population and limited commercial areas of Tiburon create a certainty that the adoption of this ordinance regulating plastic carryout bags would not possibly have a significant effect on the environment. SECTION 2. ADOPTION OF CHAPTER 10A. Chapter I OA (Carryout Bags) is hereby added to Title Ill of the Tiburon Municipal Code to read as follows: Chapter 10A CARRYOUT BAGS Sections: 10A.010 Title. 10A.020 Purpose and Intent. 10A.030 Definitions. 10A.040 Plastic carryout bags prohibited. 10A.050 Permitted bags regulated. 10A.060 Reusable bags regulated. 10A.070 Exempt customers. 10A.080 Enforcement; violations; penalties; cumulative remedies. 10A.090 No conflict with federal or state law. 10A.010 Title. This chapter shall be known as the "Town of Tiburon Carryout Bag Ordinance" and may be so cited. Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective - -1- -12014 10A.020 Purpose and Intent. The purpose of this chapter is to reduce harmful waste from entering the environment by regulating Single Use Carryout Bags in Stores and generally requiring Reusable Bags or Recyclable Paper Carryout Bags in their place. 10A.030 Definitions. The following definitions apply to this chapter: A. "Carryout Bag" means a bag intended to convey or protect goods, products or packaged food products provided by a Store to a Customer at the point of sale. B. "Customer" means any person purchasing goods from a Store. C. "Operator" means the person in control of, or having the responsibility for, the operation of a Store, which may include, but is not limited to, the owner of the Store. D. "Plastic Carryout Bag" means any bag made predominantly of plastic derived from either petroleum or a biologically -based source, such as com or other plant sources, which is provided to a Customer at the point of sale. Plastic Carryout Bag includes compostable and biodegradable bags but does not include Reusable Bags or Product Bags. E. "Postconsumer Recycled Material' means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Postconsumer Recycled Material does not include materials and by- products generated from, and commonly reused within, an original manufacturing and fabrication process. F. "Product Bag" means any bag without handles used exclusively to carry produce, meats, or other food items such as bulk foods to the point of sale inside a Store or to prevent such food items from coming into direct contact with other purchased items. G. "Recyclable" means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. H. "Recyclable Paper Carryout Bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber, (2) is one hundred percent (100 %) Recyclable overall and contains a minimum of forty percent (40 %) Postconsumer Recycled Material; (3) is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; (4) is accepted for recycling in curbside programs in the Town of Tiburon; (5) has printed on the bag the name of the manufacturer, the location (country) where the bag was manufactured, and the percentage of Postconsumer Recycled Material used; and (6) displays the word "Recyclable" in a highly visible manner on the outside of the bag. I. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum lifetime of 125 uses, which for purposes of this chapter means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume of 15 liters; (3) Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective 4­12014 3 is machine washable or is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (5) has printed on the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the location (country) where the bag was manufactured, a statement that the bag does not contain lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of Postconsumer Recycled Material used, if any; and (6) if made of plastic, is a minimum of at least 2.25 mils thick. J. "Single Use Carryout Bag" means a bag made of plastic, paper, or other material, that is provided by a Store to a Customer at the point of sale that is not a Reusable Bag as defined in this chapter. A Single Use Carryout Bag does not include a Product Bag or a bag provided by a pharmacy pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the California Business and Professions Code to a Customer purchasing a prescription medication. K. "Store" means a retail establishment located within the Town of Tiburon that meets any one or more of the following definitions: 1. A full -line, self - service retail store with gross annual sales of two million dollars ($2,000,000) or more that sells a line of dry grocery, canned goods, or nonfood items and some perishable items; 2. A store of at least 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley -Bums Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) and that has a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Business and Professions Code; or 3. A drug store, pharmacy, supermarket, grocery store, convenience food store, food mart, or other entity engaged in the retail sale of a limited line of goods that includes milk, bread, soda, and snack foods, including those stores with a Type 20 or 21 license issued by the Department of Alcoholic Beverage Control. L. Town Manager" means the town manager of the town or his or her designee. 10A.040 Plastic carryout bags prohibited. A. No Store shall provide to any Customer a Plastic Carryout Bag. B. This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to Product Bags. 10A.050 Permitted bags regulated. All Stores shall provide or make available to a Customer only Recyclable Paper Carryout Bags or Reusable Bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this chapter. Nothing in this chapter prohibits a Customer from using a bag of any type that is brought to the Store by that Customer or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the Store. Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective 4--12014 10A.060 Reusable bags regulated. A. All Stores shall make Reusable Bags available for purchase by a Customer B. Each Store is strongly encouraged to educate its employees and staff to promote Reusable Bags and to post signs encouraging Customers to use Reusable Bags. C. Each Store is strongly encouraged to charge for a Reusable Bag a price commensurate with the cost to procure the Reusable Bag, in order to encourage maximum reusability and not cause the Reusable Bags to be treated as throw -away items. 10A.070 Exempt customers. All Stores must provide at the point of sale, free of charge, either Reusable Bags or Recyclable Paper Carryout Bags or both, at the Store Operator's option, to any Customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code. 10A.080 Enforcement; violations; penalties; cumulative remedies. A. The Town Manager has primary responsibility for enforcement of this chapter. The Town Manager is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing fines and entering the premises of any Store during business hours. B. If the Town Manager determines that a violation of this chapter has occurred, he /she will issue a written warning notice to the Operator of a Store that a violation has occurred and the potential penalties that will apply for future violations. C. Any Store that violates or fails to comply with any of the requirements of this chapter after a written warning notice has been issued for that violation shall be guilty of an infraction. D. Violations of this chapter shall be punishable and subject to remedy as follows: (1) Violations of this chapter will be subject to enforcement under title VI, chapter 31 of this code, which may include, without limitation, a citation assessing a monetary fine not to exceed two hundred fifty dollars per violation. The town council may adjust the monetary fine amount for violations from time to time by resolution. (2) Any property owner or employee, agent or contractor working for a property owner who violates this chapter may also be considered guilty of an infraction, and each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. Such infraction shall be punishable by a monetary fine not to exceed two hundred fifty dollars. The town council may adjust the monetary fine amount for violations from time to time by resolution. (3) Violations of this chapter shall be deemed a public nuisance. In addition to other remedies provided in this section, the Town may summarily abate any such violation or Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective - -1- -12014 bring civil suit to abate the same, or use other methods of enforcement as set forth in chapter 31 of the Tiburon Municipal Code. E. The remedies provided in this section shall be cumulative and not exclusive. 10A.090 No conflict with federal or state law. Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of adoption, and before the expiration of fifteen (15) days after its adoption a copy of the ordinance shall be published, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on the 16th day of July, 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on the _ day of 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Ordinance No. 551 N. S. DRAFT Effective 4- -12014 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Community Development Department Town Council Meeting September 3, 2014 Agenda Item:CC3 Subject: 1897 Mar West Street: Adoption of Resolution Granting Appeal of Denial of an Encroachment Permit Application Requesting Installation of a Driveway, Parking Area, and Retaining Wall in the Mar West Street Right -of -Way; Brian and JoAnne McCullough, Owners; Brian McCullough and John Merten, Appellants; Assessor Parcel No. 059 - 121 -10 Reviewed By: t� At the August 20, 2014 meeting, the Town Council held a public hearing on an appeal of the Town staff denial of an encroachment permit application for work in the public street right -of- way (ROW) abutting 1897 Mar West Street. The Town Council voted 3 -2 to direct staff to prepare a resolution granting the appeal for consideration of adoption at a future meeting. That resolution now comes before the Town Council for adoption. RECOMMENDATION Staff recommends that the Town Council adopt the resolution (Exhibit 1) granting the appeal. 1.1 1. Draft Resolution with Exhibit 2. Correspondence with Appellants' Attorney Prepared By: Daniel M Watrous, Planning Manager TOWN OFTIBURON PAGE 1 OF 1 RESOLUTION NO. XX -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL OF THE DENIAL OF AN ENCROACHMENT PERMIT FOR A PROJECT LOCATED AT 1897 MAR WEST STREET WHEREAS, on May 1, 2014, Brian and JoAnne McCullough ( "Owners ") owners of 1897 Mar West Street in Tiburon, California applied to the Town for Encroachment Permit No. 14 -74 for a project that included construction of a concrete driveway, parking area, and retaining wall in the public right of way ( "Project "). The Project's purpose was to create additional parking for the property and provide vehicular access to an existing elevator located in the residence; and WHEREAS, the Project application included only conceptual drawings, which Town staff accepted for purposes of determining if the Project complied with the Town's adopted policy governing encroachment permits, set forth in Town Council Resolution No. 16 -2010 ( "Encroachment Policy "); and WHEREAS, on May 7, 2014, the Town's Interim Engineer denied the Project application as inconsistent with the Encroachment Policy; and WHEREAS, Brian McCullough and architect John Merten ("Appellants ") filed a timely appeal of the Interim Engineer's decision; and WHEREAS, on August 20, 2014, the Town Council held a public meeting to consider the appeal; and WHEREAS, after hearing all testimony and reviewing the appeal, the Town Council determined the Project would alleviate the parking shortage prevalent in Old Tiburon by taking up to four cars off the street and would enhance public safety by improving the sight lines for drivers on Mar West Street with respect to cars exiting the driveway at 1897 Mar West Street; and WHEREAS, the Town Council voted 3 -2 to direct staff to return with a draft resolution for consideration at the next meeting that would grant the appeal on the bases set forth above and allow the Appellants' application for an encroachment permit to proceed; and WHEREAS, the Council further directed staff to return at a later meeting with a revised Encroachment Policy that would allow encroachments to the extent necessary to improve the public safety by ameliorating pre - existing traffic and circulation problems. TIBURON TOWN COUNCIL RESOLUTION NO. XX -2014 442014 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby grant the appeal as set forth herein and directs that the project shall be subject to the following conditions of approval: a. The Appellants shall submit more detailed plans for staff review that will allow staff to fully evaluate the affect of the project on the hillside, sight distance, and adjacent properties. b. Project conditions of approval shall include, without limitation, the following: i. The Appellants shall construct the improvements approved in concept by the Council on July 20, 2011 in connection with encroachment permit No. 11 -72 (also known as the `Barley Stairs Project ") as a part of this project. ii. Before obtaining a building permit for the project, or otherwise beginning work in the Town's right of way, the Appellants shall execute for recordation by the Town a Memorandum of Encroachment permit as required by the Encroachment Policy (the Town's required form Memorandum of Encroachment is attached as an exhibit to this Resolution and incorporated herein by reference). iii. Except as expressly set forth herein, this project and the Barley Stairs Project must comply with all Town requirements normally applicable to similar projects. These requirements include, without limitation, submission of detailed design drawings necessary to complete the encroachment permit process, site plan and architectural review, by the Design Review Board if required by the Municipal Code and building permit. PASSED AND ADOPTED at a regular meeting of the Town Council on September, 2014, by the following vote: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. XX -2014 -/ -/2014 ���w 6� / TOWN OF TIBURON MEMORANDUM OF ENCROACHMENT PERMIT CONDITIONS This MEMORANDUM OF ENCROACHMENT — PERMIT CONDITIONS, is made and Executed at Tiburon, California, this day of 20, by ("Owner"). RECITALS 1. Owner is the owners of that real property located at Tiburon, California. 2. On , Owner filed with the Town of Tiburon, a Municipal Corporation ( "Town "), an application for encroachment permit for the construction of the improvements described in Exhibit A which is attached hereto and incorporated herein by reference. 3. Owner proposed to construct said improvements on the public right -of -way or public land adjacent to and contiguous with (Address or APN) 4. On , Town granted a revocable encroachment permit (No. ( "Permit ") to Owner allowing the construction of said improvement subject to conditions of approval ("Permit Conditions'). The Permit Conditions require, among other things, that Owner maintain the improvements as safe, clean and serviceable and that Owner remove said improvements at Owner's sole expense if the Town requests such removal. NOW, THEREFORE, IN CONSIDERATION OF THE TOWN'S GRANT OF THE PERMIT, OWNERS ACKNOWLEDGE AND AGREE TO THE FOLLOWING: The Town may revoke this permit without cause and all improvements are installed at the Owner's risk. Upon receipt by Owner of a written notice from the Town of Tiburon requesting Owner to remove said improvements, Owner will, exclusively at their own cost and expense, within one hundred twenty (120) days from receipt of said resolution, remove or cause to be removed said improvements. Owner shall indemnify, defend and hold harmless the Town and its officials, employees, agents and contractors, from any claims, losses, damages or other liabilities that may arise from the removal from said improvements. The obligation to defend is separate and distinct from the obligation to indemnify and Exhibit to Resolution No. -2014 hold harmless and shall apply even if neither the Town nor owner is found liable for the aforesaid claims, losses, damages or other liabilities. 2. Any improvements installed on Town property must be designed and constructed so as to be removable without damage or undermining of structures on the Owner's property or adjacent property. 3. Owner shall be responsible for the stability of the project site along the length and adjacent to the encroachment. 4. Upon the failure of Owners to comply with any of the Permit Conditions the Town may declare said improvements to be a public nuisance and may take such action as may be authorized by law to abate said nuisance. In addition, the Town may use any and all other remedies authorized by the Town's Municipal Code or state law. 5. The Permit Conditions are covenants and servitudes running with the land and shall be binding upon Owners and their successors, assignees, executors, administrators and personal representatives. 6. This Memorandum includes Exhibit A which are attached hereto and incorporated herein by reference. OWNER(S): Signature: Print Name: Signature: Print Name: - Notarization required - Document to be recorded at the County of Marin Recorder's Office Exhibit to Resolution No. -2014 Ragghianti IFreitas LLP Christopher A. Skelton cskelton@rflawllp.com August 21, 2014 Via E -Mail Only (danforth @ci. tiburon.ca.us) Ann Danforth Town Attorney 1505 Tiburon Boulevard Tiburon, CA 94920 E XIL11BIT N0. Attorneys at Law 1101 5k Avenue, Suite 100 San Rafael, CA 94901 telephone 415.453.9433 facsimile 415.453.8269 www.rflawllp.com Re: Proposed Language for Resolution Upholding Appeal of 1897 Mar West Encroachment Permit (EP #14 -74) Dear Ms. Danforth: Thank you very much for providing legal guidance to the Town Council during the McCullough's encroachment permit appeal hearing on August 20, 2014. The Council's deliberation reflected a perceived tension between Resolution 16 -2010 and the decision to uphold the appeal. I respectfully offer the following language for inclusion into the proposed resolution upholding the appeal to clarify any apparent conflict between that decision and the Towns existing policy. By applying the facts presented during the hearing, I suggest that the findings made for this project would not necessitate the Council revisiting the underlying policy. The decision to uphold the appeal finds support within the Town's allowable purposes itemized under Resolution 16 -2010, section (C). 1. The encroachment application proposes to install, maintain, and replace landscaping along the Mar West street frontage, which will have the practical effect of improving slope stability, reducing erosion by preventing slough and debris from entering the roadway and local drainage system, and beautifying local conditions through site appropriate planting. 2. Current conditions at 1897 Mar West demonstrate that required parking cannot feasibly be located on private property. The encroachment permit will improve the on- \F Ragghianti IFreitas I.l.p August 21, 2014 Page 2 of 2 site parking conditions by providing an additional 'h parking space on the private property and create the potential for accommodating a total of 4 off - street parking spaces. 3. The public testimony and site conditions evidence concerns over public safety and welfare along Mar West in this particular area of Tiburon. The improvements presented under the encroachment permit will better serve the public safety and welfare by relocating an existing encroaching parking space further away from the edge of pavement for the roadway. The encroachment plan will create a greater notification period for pedestrians, cyclists, and cars approaching the property at 1897 Mar West due to the increase back up space established by the new driveway that parallels the roadway. The decision to uphold the appeal does not conflict with the Town's impermissible purposes itemized under Resolution 16 -2010, section (D). 4. Upholding the appeal does not have the practical effect of privatizing the area for the exclusive benefit of the applicant. Specifically, benefits are realized by neighbors because access to their property will be substantially improved. The public will also receive a benefit from this encroachment permit, including: Beautifying the streetscape and reduced erosion due to improved landscaping; improved site lines and transportation circulation as a result of providing two additional off - street parking spaces; and, improved conditions supporting the public safety and general welfare. I respectfully offer these findings in support of the Council upholding the appeal on August 20, 2014. 1 suggest that these findings are consistent with the Towns policy found in Resolution 16 -2010 and would eliminate any perception of a decision circumventing the policy. Thank you for your consideration of this matter. Very Truly Yours, Christopher A. Skelton CC: Client Town ofTibnron • 1505 Tiburon Boulevud.• Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • w ..u.tiburomcam Office of the Town Attorney 1 415.735.7370 August 26, 2014 VIA U.S. MAIL AND EMAIL (cskelton(@rflawllp.com) Chris A. Skelton, Esq. RAGGHIANTI I FREITAS LLP 1101 Fifth Avenue, Suite 100 San Rafael, CA 94901 Re: Encroachment Permit Application No. 14 -74 Appeal 1987 Mar West Street Dear Mr. Skelton: Thank you for your letter of August 21, 2014. Unfortunately, your suggested application of Town Council Resolution 16 -2010 ( "Encroachment Policy's to the subject permit conflicts with the plain language of the Encroachment Policy. In particular, I note the following: 1. Section C.3 allows encroachments to install, replace or maintain landscaping. Accordingly, the landscaping portion of the McCullough project might qualify as a permissible purpose. However, this section does not authorize the driveway, parking and retaining wall portions of the project. 2. Section C.5 applies only where the encroachment is sought to install required parking. This section does not apply here because the McCullough property already has its required parking due to the age of the home. 3. The Encroachment Policy does not welfare" as a permissible purpose required parking under Section C.5. include "public health, safety and except in connection with creating 4. Section D, in its current form, would disallow the McCullough project even if it met the "permissible purpose" criteria of Section C. Section D precludes an encroachment permit if the practical effect would be to privatize the affected area for the benefit of one or a limited number of individuals. The project's potential collateral public benefit is immaterial, office of the Tow Attomey / 415.735.7370 because the new driveway and parking area would only serve the property owners. Finally, I note that your interpretation of the Encroachment Policy would authorize permanent encroachments whenever a property owner wished to upgrade landscaping or add parking. Such a reading conflicts with the stated purpose of the Encroachment Policy to restrict permanent encroachments. Sincerely, Ann R. Danforth Town Attorney cc: Town Council, Town of Tiburon Town Manager Margaret A. Curran TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Public Works Town Council Meeting September 3, 2014 Agenda Item: hot Recommendation to Review Improvements, Amend the Budget and Provide Direction to Staff for the Access Pathway for the Dairy Knoll Recreation On July 16, 2014, the Town Council approved Resolution No. 34 -2014 accepting a grant deed from the Chandler's Gate Homeowners Association for land to construct a pathway from Reed School to the Dairy Knoll Recreation Facility. As part of the 2014/15 Capital Improvement Plan, the Council funded the project to construct a secondary pathway to the Dairy Knoll Recreation Facility. $50,000 was set aside for the project based on a preliminary cost estimate. This was a planning level engineer's estimate performed without a design or pre - design work. Once engineering design of the pathway commenced, it became apparent that the planning level budget was low. The initial design produced was far in excess of the budget. As a result, staff met with the consultant to value- engineered the design, including an evaluation of all material and alignment options. ANALYSIS The staff and consultant value engineering effort resulted in multiple sections of concrete steps intermixed with landings on the hillside. This final design optimizes low cost, durability, low maintenance and ease of use. It is also, in staff's judgment, the most aesthetically appropriate of the options for this rustic and informal hillside application. Railings are required on both sides of the stairs per the Building Code. The path is ADA compliant, although it is not wheelchair accessible; disabled parking and access is achieved through the parking lot on Ned's Way. The estimated construction cost of this option is $117,000, which includes a 15% contingency. The design and construction management for the stairs is $7,500. This is still well over the budget in the Capital Improvement Program, but staff believes it is the lowest cost the Town will be able to achieve. In addition to construction, there have been other costs associated with the implementation of the pathway project, most of which were not fully foreseeable at the time the CIP was being put together. These include: TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting September 3, 2014 1. Chandler's Gate property acquisition approved by Council at $5,000; 2. The acquisition agreement requirement to provide a fence to create a physical buffer between Chandler's Gate and the pathway at $21,654; 3. Survey for Chandler's Gate Property recording at $2,360. The total budget is $153,500. Accordingly, the CIP budget for this project must be amended to enable the Town to proceed with project construction. IW101VIyF411UuiI6AX0I The existing CIP project is funded in the amount of $50,000: $26,000 from Measure A Parks and $24,000 from Measure B. In total, the project cost is $153,500. This represents a shortfall of $103,500. Staff recommends this be funded from the unallocated General Fund. A portion of this funding, $20,000, is available from the Trail Head Fencing project at the Gilmartin Middle Range Trail. The net increase in the CIP authorization against the unallocated General Fund would be $83,500. PROCESS FORWARD Staff is working to have the path constructed this fall. The delays associated with the value engineering and redesign efforts have made the timelines very tight. Staff advises against excavating the hillside for the construction once rain begins. To expedite construction, Staff recommends that the project be bid and executed in accordance with the process described in the Town of Tiburon Municipal Code Section 3A -11 (Informal Bidding for minor public works contracts which exceed thirty thousand dollars). It is within the Town Manager's current level of authority to award bid, which will expedite the process. With this process we anticipate the following timeline for construction: • Open Bids 9/16/14 • Award contract 9/17/14 • Notice to proceed /first day of construction 10/2/2014 • Complete construction (weather dependent) late 2014 If bids come in markedly higher than the engineer's estimate, staff will return to the Town Council to consider whether to amend the budget again and award the contract or consider rebidding for spring construction. RECOMMENDATION Staff recommends that the Town Council: 1. Amend the CIP budget to increase the funding for the project to $153,500 for the Access and Pathway Improvements for the Dairy Knoll Recreation Facility. 2. Direct staff to continue the process as outlined in the Town of Tiburon Municipal Code Section 3A -11. Exhibits: Schematic of Path Design and Alignment Prepared by: Patrick Barnes, Director of Public Works TOWN of TIBURON PAGE 2 of 2 a s; 9 SH s s f'{ FO SF K STAIRS- PUN & PROnU w IO Zn D 2 n m v n Will f'{ FO SF K STAIRS- PUN & PROnU w IO Zn D 2 n m v n v $ & o a $ & $ 8 s Y 8 I I 9^ $ $ E3 e U @ E $ w $ 9 9 e E 2 LAI 6 Ym UPP AI DAIRY MOIL STAR AND NOPILE �6G ConvuBanM4v ig o z A � s m f To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of Town Council Community Development Department Office of the Town Attorney Town Council Meeting September 3, 2014 Agenda Item: /� Subject: Consider Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices to the Definition of Smoking (Ordinance — Introduction) Reviewed By: BACKGROUND AND ANALYSIS Earlier this year, the Town Council directed staff to draft an ordinance for Council consideration that would add the use of electronic smoking devices, commonly known as "e- cigarettes" to the definition of "smoking" as regulated in Chapter 28 of the Tiburon Municipal Code. The purpose of the ordinance would be subject e- cigarettes to the same Town smoking regulations as traditional cigarettes. The Council held a public hearing on the draft ordinance on August 20, 2014. After deliberation, the Council unanimously supported the proposed ban, but decided to include a one year "grace period" for persons living in existing multi- family housing who might be using e- cigarettes to help in quitting the practice of smoking altogether (conventional cigarettes are already illegal in such units). The revised draft ordinance (Exhibit 1) includes the grace period in Section II.2, which adds a new Section 28- 7(c)(2)(D). RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on the draft ordinance. 2. Review and consider introduction of the ordinance. Should the Council desire to move forward with the ordinance, the procedure would be to move to read the ordinance by title only, waiving any additional reading, and introduce the Ordinance amending Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code. Pass the first reading by roll call vote. If first reading is passed, the Ordinance will return for final adoption on a future consent calendar. The ordinance would take effect 30 days after adoption. TOWN OF TIBURON PAGE I OF 2 Town Cnunei! iblceting September 3, 2014 FM I 11100 1. Draft ordinance amending Chapter 28. 2. Staff Report for August 20, 2014 Prepared By: Scott Anderson, Director of Community Development Ann Danforth, Town Attorney TOWN OF TIBURON PAGE 2 OF 2 EXHIBIT NO.__�_ ORDINANCE NO. _ N. S. DRAFT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 28 OF THE TIBURON MUNICIPAL CODE (SMOKING AND TOBACCO REGULATIONS) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The popularity of e- cigarettes has grown and continues to grow across the nation; and B. E- cigarettes are not currently regulated by the Food and Drug Administration, unless they are used for therapeutic purposes; and C. Although e- cigarettes are too new for longitudinal studies on their health effects, current research indicates that chemicals contained in e- cigarettes may be harmful and that vaping (i.e., use of e- cigarettes) does release contents of e- cigarettes into the air; and D. Recent scientific studies have found that the aerosol emitted from e- cigarettes contains harmful elements including, without limitation, nicotine, fine and ultrafine particles, at least 10 chemicals on California's Proposition 65 list of carcinogens and reproductive toxins, and propylene glycol. D. E- cigarettes are made to mimic conventional cigarettes, making enforcement of no- smoking rules difficult and confusing if e- cigarettes are allowed; and E. Numerous cities, counties, and organizations are putting into place laws or policies that treat e- cigarettes the same as conventional cigarettes when it comes to acceptable locations for usage in public and semi- public places; and F. The Town of Tiburon has for over two decades enforced strict local smoking control laws, defining where smoking conventional tobacco products is prohibited; and G. The Town Council of the Town of Tiburon desires to include e- cigarettes in the smoking controls and treat them in a manner similar to conventional cigarettes; and H. The Town Council has held a public hearing on August 20, 2014, and has heard and considered any and all public testimony on this matter. I. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. Town of Tiburon Ordinance No. N. S. Effective 442014 DRAFT 9/3/2014 Page 1 J. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. K. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. L. WHEREAS, the Town Council finds that that these amendments are covered by the general rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3), and further finds that if the amendments were not covered by the above section, the amendments would be categorically exempt pursuant to Sections 15305, 15307 and/or 15308 of the CEQA Guidelines. Section 2. Amendments to Title VI Chapter 28, Section 2828 =2. I. Title VI, Chapter 28, Section 28 -2 of the Tiburon Municipal Code is amended as follows: (A) The definition of `Electronic Smoking Device" is added to read as follows: "Electronic Smoking Device" means an electronic or battery- operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, and electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. (B) The definition of "Smoking" is amended to read as follows: "Smoking" means engaging in an act that produces gas, particles, vapor or smoke by means of means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. "Smoking" does not include acts where (a) the combustion or vaporization material contains no tobacco, nicotine and (b) the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar, or lighted cigarette, lighted hookah, Electronic Smoking Device or other device of any kind containing tobacco, tobacco product, tobacco -like product, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device, product or material is allowed by law. 11. Title VI, Chapter 28, Section 28- 7(c)(2)(D) of the Tiburon Municipal Code is added to read as follows: Town of Tiburon Ordinance No. N. S. Effective - -/ —/2014 DRAFT 9/3/2014 Page 2 (D) Grace Period for Electronic Smoking Devices. This subsection 28- 7(c)(2), shall not apply to the use of an electronic smoking device until {insert date one year after the effective date of this ordinance). Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on 2014, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2014, which was noticed pursuant to relevant sections of the California Government Code, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. N. S. Effective —1- 42014 DRAFT 9/3/2014 Page 3 TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard LIIII3IT N0. August 20, 2014 Agenda Item: Tiburon, CA 94920 To: Mayor and Members of Town Council From: Community Development Department Subject: Consider Amendments to Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code for the Purpose of Adding the Use of Electronic Smoking Devices to the Definition of Smoking (Ordinance—Introduction) Reviewed By: lAITOVIO .T111JO117 Earlier this year, the Town Council directed staff to develop draft an ordinance for Council consideration that would add the use of electronic smoking devices, commonly known as "e- cigarettes" to the definition of "smoking" as regulated in Chapter 28 of the Tiburon Municipal Code. The purpose of the ordinance would be for e- cigarettes to come under the same Town smoking regulations as traditional cigarettes. A draft ordinance (Exhibit 1) has been properly noticed for public hearing and comes before the Town Council for review and consideration. ANALYSIS Electronic smoking devices are a relatively new phenomenon, reportedly invented by a pharmacist on the early 2000's as a smoking cessation aid. They are hand -held nicotine vaporizers that deliver an aerosol made up of nicotine, flavorings and other chemicals to users from a nicotine -laced liquid inside the device. These chemicals include formaldehyde, propylene glycol, and acetaldehyde, among others. E- cigarettes are meant to look and feel like a traditional cigarette, right down to a small light at the tip that lights up, similar to a buming cigarette. E- cigarettes produce a vapor from a heating element that boils the liquid contents, hence the term "vaping ". The use of e- cigarettes has gained significant popularity over the past five years, with a reported doubling of sales each year. As the popularity of the devices grows, policy makers are faced with the question of whether e- cigarettes should be considered in the same way as traditional cigarettes when it comes to their use in public and semi- public places. Studies are not yet conclusive as to the long -term health effects of e- cigarettes. Some studies indicate the vapor maybe releasing harmful substances, including nicotine, but the trend is still too new to be able to cite longitudinal effects of direct usage and second hand inhalation. TOWN OF TIBURON PAGE 1 OF 3 Town Council Mceting August 20, 2014 Electronic smoking devices have not been approved by the Food and Drug Administration, although it has been determined that they fall under the purview of that agency and regulation may be forthcoming. At the present time, e- cigarettes remain essentially unregulated at the federal or state level. There is, however, recent evidence that e- cigarettes have adverse effects on both users and bystanders. E- cigarettes have caused major injuries, including severe burns and nicotine poisoning. E- cigarette aerosol contains as much nicotine as conventional tobacco cigarettes, together with other chemicals known to be carcinogenic and cause asthma. They also emit a high level of fine and ultrafine particles, which may exacerbate respiratory problems and constrict arteries. In an abundance of caution, the cities of San Francisco, Los Angeles, Chicago, and New York have implemented regulations treating e- cigarettes as another form of smoking, and the reported number of other municipalities enacting similar regulations is at least at 172. In California, the cities of Walnut Creek, Richmond, Carlsbad, and Davis (among others) have passed regulations on e- cigarettes. Common reasons cited for enacting regulations include the following: • Concern about second -hand health effects from the vapors • Confusion about where smoking is allowed/prohibited, since e- cigarettes and their vapor closely resemble traditional cigarettes • Concern that acceptance of e- cigarettes may increase the social acceptability of smoking, particularly among minors and youth • Concern that vapors violate smoke -free air laws, or the intent of those laws Additionally, recent research indicates that second -hand vapor from e- cigarettes could be harmful for a number of reasons. Based on the combined weight of recent research, University of California San Francisco researchers very recently released policy recommendations including banning e- cigarettes wherever cigarettes are banned. See Exhibit 2, p. 14. Additional written materials regarding e- cigarettes that have been received by the Town are attached as Exhibit 3. RECOAUdENDATION Staff recommends that the Town Council: 1. Hold a public hearing on the draft ordinance. 2. Review and consider introduction of the ordinance. Should the Council desire to move forward with the ordinance, the procedure would be to move to read the ordinance by title only, waiving any additional reading, and introduce the Ordinance amending Title VI, Chapter 28 (Smoking and Tobacco Regulations) of the Tiburon Municipal Code. Pass the first reading by roll call vote. If first reading is passed, the Ordinance will return for final adoption on a future consent calendar. The ordinance would take effect 30 days after adoption. TOWN OF TIBURON PAGE 2 OF 3 Town Council Meeting August 20, 2014 EXHIBITS 1. Draft ordinance amending Chapter 28. 2. Americans for Nonsmoker's Rights publication, 2014. 3. American Heart Association Journal article, 2014. 4. Materials Regarding E- cigarettes (letters, news reports, etc). Prepared By: Scott Anderson, Director of Community Development Ann Danforth, Town Attorney TOWN OF TIBURON PAGE 3 OF 3 d. + V_ KW 41 ll IF y � 7 ./ tii x At IR Tr It's l Tv' r �T. o NI Y F`y • : - � J /per% � e C, 1 I� is ki\ ^7� R 1 ,► w ♦ 4 a 1 � 4 .;m R - 1 ti ti ilr •