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Home My WebLink AboutTC Agenda Pkt 2020-09-02 TO�'��i'�1 C�1= 1 (BURO?�� TiburonTown Council �'` 'I�ibul-on Tc��i� Hall % ' --''`""•� September 2, 2020 �- ��`� � �� 1505 Tiburon Boule�>ard Special Meeting—430 P.M. �, �� 1 ibu�-e�n, Cl1 94920 Regular Meeting—5:00 P.M. .�� TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On May l8,2020,the��lai-in C�unty Public Health Ofticer issued a lebal order directing residents to shelter��t home until ftn-thcr noricc.Thc rn-der l�mits acti��iry,tra��el and business functions to onl}�tlie most essential nceds.Acicliti��na1 information is a��aiJable at https://coroi�a��irus.nlariilhl�s.or/ Consisrcnt��ith E�ccuti�•c O�-dcrs ;�o. �-25-�0 and i��o. I�T-29-20 hom the Eaecutive Department of the State oI Californ�a,the To��°n Crnlncil�neeting�vill not be physically opei�to the publze and all Council Members�vill bc tclecoi�ferencing into the meetin�. To matii�nize public safet}��l�ile sti11 lnaint�iining transpare�lcy and pub]ic access,members of tlle��ublic can access d1e ineeting by following the�neeti�lb li�>e ar. fludio/\'ideo��'ebin�u-: httl�.�: ,'_��c�m.usi:j'9l�}>>1?�Ci04 Webinar ID: 914 3�l?�604 Call-in I�Tuinb�r: +1 669 900 6533 Acccss Code: 914 �71? �6i14 Instructions for��ro�°iding publ ic comm�nt li��e durin�the meeting usii�g Zoom are linlzed on the To��-n's �vebsite and to this a�;cnda. l��lcmbers ot t�hc public i»a}'��rrn�ide pi.�blic commrnt by sending comments to the To�,vn Clerl<b��cmail at commci�tsC<<�t��n��ftibur�,n.��r�. Comments rccci��d prior to the start of the Council�neeting��ill be distr�butcd elcctr��i�icall��to the To��n C��uicil and posrccl on the To�vn's��ebsite. Comments recei��ed after thc start t7mc�t the C��une�l mcctin,,but prior to the close oF ptlblic conlment period for an itcm, �vill tl�en�bc rcad ii�to t11c rcc��rd,��id�a ma�imum allo��anc�oF 3�ninures per indieidual co�l�ment, subject to thc i�,1a}'��?'s cliscretion. All c��mrnents read into thc record should be a inalimum of 5bb ��ords,��hich corres��nds t��appro�imatcl��3 minutes of spealzi�i�ti�l�c.If a comment is recei��ed aftcr the agenda item is hcarcl but belore thc close of the meetin;,t1�e comment��ill still be inclt�ded as a pai-t of the recard of the mcctin��but��ill»ot bc reacl into the record. A�z��me�r�ber��f the public ��ho necds accomm�d��rions should email or call tl�e To�1�n Cleriz��ho��ill use tl�eir best efforts to pr��icle reas��nab]c accomm�uations to pro��ide as much ace�ssibility as possible ��hile also maint�unin�public safet��in acc�u-danc��th the To��n's procedure for resol��in�i-easonable accomm�dation re��ucsts. :�ll rcas<�n�lble acc��mn��dat�ons offered �vi11 be listed on d�e To��n's��ebsite at \1'VV'VV'.C(�VV'IIOfT]��Ll l'(lil.��I-�. SPECIf1L MEETING—4:30 P.M. CALL TO ORD�R�1I�TD ROLL CALL C��unciJmembcr Kulil<,Couucih��ember I2y�tn,Counc,ilmember\�lelner,A'ice i��fa��or Thier,NIaS�or Fredcricics INTERVIEWS F012 VACANCIES ON TOWN�30ARDS�COMMISSIONS • Christopher Murphy,Belveclere-Tiburon Disaster Aclvisory Colmcil (1 v��a��cyl • David}3arizer,Belvedere-Tiburon Disaster Advisory Council(1 vac<incy) ADJOURNMEN"1-- tore�zrlarmeeting REGULAR MEETING—5:00 P.M. CALL TO ORDER ANll ROI.L CALL C��uncilmember 1�ulik,Col�ncilmember Ryan,Councilmember Welner,Vice Ma}�or Thicr, �,la��or Freclericl<s nNNOUNCEMFNT OF ACTION T�1KEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS � Pcrsons �-vishinQ to address the To�vn Cotitncil on subjects not on the agenda may do so at tl�is time. Plcase note ho��-e��er, that the Town Council is not ab,le to undertalze e�tended d�iscussion �r action on items not on the�l�enda. Matters requiriub action will be referred to rhe appro��riatc Commission,I3oard, C<»nmittce or sta(f Cor coi�sideration or placed on a ftlttilre To��n Council meeting a�enda. Please ]imit ��our a�m�nents to three(3)ininutes. CONSENT CALFNDAR ,-\ll itcros on the C��usent Calendar may be appro��ed by oi�e motion of thc Trnvn Council �ullcss a requcst is madc b�� a memher oF the 7o��n Council,public or staff to retz�oee an item for scparam cliscussi��n and c�nsiclerati�n. IE ��ou ��ish to speak on a Consent Calendar item, please seelc rrcogniti�n b�' rhe i�-1al�-or and d��s��at this ti�1�e. CC-1. Invest�nent Stunlnary—Adopt investment suminar}�fo�-n�ontl�cndin�]uly 31,?020 (Departmcnt of Acl�ninistr�tti��e Ser�°ices) CC-2. i�9unicipal Code Alnendments—Adopt i��lunicipal C��de amendments tn Chiipter?� (Sm��l<ing �uid Toba�c�Rcgt�lations)of the Tibllron Municip�tl Code that�1�ould ban thc sale of tla�°or�cl t�bacco (C�o�l�munity DeeElopment Depa�-tment) CC-3. Activc Transportation Pro�ram Grants—Authorize tl�e To��n i�,Iana�?cr to submir ai�nl ications for the r1c�i��c Transportation Grants for the Trestle Glen l�oule�°ard C las��iI Bilze��a}��Projcct (Departmrnt of Public Works) AC"I-ION I"I1=MS AI-1. flppoint�nents to �l own Boards &z Commissions — Consider �ppoinnne�lt to the l'>el��edere- Tiburon Di��ster Ade�srn-}'Council (Department of Adinil�ist�-��ti��e Sc7-��ices) PUBLIC HEARINGS PH-l. Tibtu-on 1-ourism Business lmprovement District ("TTBID") — Conducr public hearin;ta a) Considcr an�- l�r�msts to continue TTPID assessments as set Eorth in Resolution No. 35-20�0; b) Considcr �lcl��ti�l� of Resolution to continue TTBID assessments as s�t forth in Rcso]ution \o. 3�-2Q?0 (Ofticc of tl�e To��n '��Ianager) TOWN COUNCIL REPOR"IS TOWN M�INAGER REPORT TM-1. Update on Town's Kesponse to COVID-19 Emergency ��FEKI_Y DIGI�STS • Tu��n Counci] \-A'ecicly Dige�ts—Aubust 21�28,2020 AD�OURNMENI_ GENERAL PUBLIC INFORMATION ASSISTANCE FOK PEOPLE WI�II�DISABILITIES ln coii��liancc ��vith the An�cricans �nith Disabilities Act, if you ileed special assista�7cc ro participate in thi��a�eeting,please contact dze Town Clerk at (415) 43�- 7377. '�otification 48 hoLu-s ��rior to the nleeting will en�blc the To��n to make reasonablc a�-ran;emel�ts to en�ure accessibility to this meetin�. AV�IILABII_ITY OF INF012MA��ION Copics oi all a7cnda re��orts and supportinb data are available for vie��vin� and inspcction at To��m Hall and at the l3el��edere-Tiburoil Library loc�ted adjacent to To�a�n Ha1L ,lncndas ancl minutes are posted on the Tow�n's website, ��-�a°�a�.to��nolt�b�n�on.or�,. Upon requcst, thc To��n �a�ill pro��ide �vritten abenda n�aterials in appropriate altc��nati��e iorm<its, or disabilir��-related modification or accommodation, including auxiliar�� aicls o�- ser��iccs, to �nable indi��icluals ��ith disabilities ro participate in public mectings. Please send a w�-itten rec�uest, includina ��our name, mailin� adclre ss,phone nwi�ber and bricf description of the reqt�ested li�aterials and preferrcd alternati��e fo�-mat or au�ilia�-�� aid or service at leasr 5 da}�s before thc meetin�. Rcquests should be s�nt to the Office of the Town Clerk at tl�e abo�>e addl-ess. PUBI_]C IIEARINGS PL�blic Hcarinns pro��de the �i��eral public and ii�terested parties an opportunit�� to �»-��°icic restimon�� on t]��sc items. 11�you cllallenge an�� proposed action(s) in cotu-t, you may be limited to raising only those issues }�ou or someonc clsc �-�liscd at the Public Nearing(s) describecl latei- il1 rhis a�enda, or in ��rirten co�-�-es��onclel�ce dcli��erecl to the To�vn Council at,or prior to, the Public Hearin�(s). TIMING OF ITFMS ON AGENDA ��'hile the To�vn Cottncil attemprs ro hear all items in ordcr as stated on the a;c»da, it reser��es the right to rake itelns out of ordcr. No set times arc assi�ned to items appearing on the Iown Coullcil abenda. ��m � � �� s: �C)�� C�� 1��`CT� ��,� � . _ ._,. <<��:" �,5�5 �Fi��r� �1��., `�€�€�r��, �� 2Q �� > �f istefaniC�townoftiburon.or� 4�,5>�3�n7�77 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your wiliingness to serve the Tiburon community. Lea Stefani Town Clerk � � � Christopher Murphy 5/22/2020 Full Name: Date: �,'4� � v Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board 1 Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board /. t � � � � 113 Blackfield Dr A�i�iress: Street Address Apartment/Unit# Tiburon CA 94920 roto, �..,.,. -�on �...�.. -••� ..��atc Llr �.vUC 2017875086 cdmurphy@gmail.com Phone: Email: � � � � � Moving to the Bay Area over 10 years ago always rneant greater preparedness ior naturai disasters - feeling a small earthquake now and again, understanding liquefaction and flood zones from purchasing a home, and having a pian for a major earthquake. The periodic flooding of Mt Tam Junction and the Cove shopping area �l�nc� with the v�il�Jfires/�ro�ctive blackouts of 2019 really escalated my desire to engage on disaster preparedness. I wrote a letter to the Ark for an investigative piece on all our dependencies in Tiburon (electricity lines, water pipes, gas lines, transportation routes in emergencies). Some the best reasons to live in Tiburon & Qefvedere (shorefi�e, lagoon, open space} aiso present disasier risk fior us, and I'd prefer to take a proactive role in planning for the future for all residents. � � . � r � � � Basic CPR and First Aid (including infants). I had planned to enroll in a CERT class this year, but that's been postponed due to COVID. I still intend to complete that training when possible regardless of the Disaster Advisory Council. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Ch►-istopher D. Min•phy Tiburon, CA � 201.787.SOS(i� cclmurphy@�mail.com � achrsnnphy� linkedin.con�/in/chrsn�rphy PROFESSIONAL PROFILE l�ccomplished �dvertising& media leader�-vith I 5 years of ezperience in advertisin�teehnology and pro�ramm�tic il�edia buying across numerous roles includin�� marl:etin�, cai��paign m�ina��ement. yield monetilation, platform evaluations & partnerthips; global client sll�ate�}; ai�d identit��re�ol��tion. Consistently entrust'ed «-ith addit'ional coi�ipany prioritics. s�lr}�assing leadership expectations in projects as �vell as core res�onsibilities. Passionate about pairing hibh perfori�ling teams �i�d technology to changc marl:etii�t7 and �dvertising to a more �ersonalized_data driven 'futu��e. EXPERIENCE CONVIVA,INC—2010 to Present Foste�• City,CA Hecrd of Adi�cri�ced A�lvertisi�� 2020 - PresenC • Lead business development for Conviva's Advancecl �ldvertising solutions providing better measw-e�r�ent and monetization foi-media companies like NBC Universal,Disney,HL�Iu,Fox,ViacomCBS,ancl WarnerMedia. • Acted in multiple roles to launch Conviva into Advanced Advertising including sales,partnerships,procluct management,product marketing,marlceting,and privacy. • Within first 45 days,E�ivoted strate�_ry from digit�l-only o�easurement to cross-platform measurement through parmerships as wc]] as programmatic data sharing LIVERAMP—2017 to 1'resent San P'rancisco,CA Heacl of Bi.isil�ess Uevelo�i��eiit 2018- 2020 • Managed multimillion-dollar investment in online and offline data to power LiveRamp identity grapl� �vith staff aci-oss 4 offices,delivering FY20 plan �vith more than 10% savings • Gr�w online and offline client match volun�e by 3x and 17x respectively • Lead identity graph data compliance for CCPA,maintain over 90%of data while meeting sh-ict LiveRamp llata Ethics standards and timelines Head of Agency Strateg>> 2017 - 2018 • Launched IdentiCyLi��l< for A�encies �vitl� an integratecl effort across email,content (blog & webinar),and PR, overachieving goals set for ne�v companies engaged and inbound leads • Parmered with Sales to close &rollout LiveRamp's Iv-gest multi-year multimillion-dollar agency holcling company deal ��vhile simultaneously developing and implementing agency referral,reseller,and platfot-m sti-ategies OMNICOM M�DIA GI20UP—2011 to 2017 San Fi•ancisco,CA Globcrl Clzief Sn-ate��>>� Officer - Oni�Ticon�Meclicr Groi��/�Progran�j�iatic 2016- 2017 • Built first ��lobal pro�7rammatic account team,providing sU�ate�y and leadership for global clients including McDonald's,Intel.Beiersdorf,Nissan,and G1axoSmithKline • Launched first global pro��rammatic scorecard for 55+ markets across 4 regions tracking consistent service and capabilities development.�lobal pi.�blisher/PMP ne�_=otiation,accountability/performance tr-ackin�,and �tgency relationship through a i60° sw�vey • Developed first ��lobal pro�>ram��atic scorecat-d 1'or global clients tracking programmatic-ready }�rogress across auclience analysis/segmentation and advanced KPl/measui-ement strategies Managing Direclor, Pro��rcm�matic—OMD Worlch�>>idc 201_5 - 2016 • Led & pitched OMD';first global programmatic service & strategy proposals for Wells Fargo,Sony,Bacardi, Beiersdorf, & Mcllonalci's across 55+ markets,representii�g over$1.5 billion in billinUs • Responsible for global pro�rammatic thougl�t leadership.covering critical topics includin«ad fi-aud,ad vie��abiliry,ad blockin�7.and cross-device/people based marketin� � Mnr�ciging Uirec�or—Accuen EMEA 2014 • Guidecl EMEA to YOY billin�s growth of�57% in revenue�lnd market ex�ansion of 39°Io,partnering �vith local market leaci�rs to adciress challen��es from stt•ate�>y/plan��in« integration �vith a�cncy to technology p�u�mei-ship clecisions • Mentored international progi-ammatic team �vho ran rnulti-marl:et carnpaigns centrally foi-retail and ti-avel clients,growing billings to become 7"' lar��est market equivalent • Implemented ��veekly OMG executive dashboard covering top �MEA n��arkets adoption of progran�matic compal-ed against billing and revenue tar�ets VY,Mar•keting & Parinerships—Acccren US 201 1- 2014 � • Led 10-month efl�ort to rebrand ancl reposition Accuen globally across 55+ markets including updated website,brancl identiry,and marketin��collateral • Lecl US partner evahiations anci negotiations�with over 50+ publishers/PMPs,ad net��vorks,and DSPs • Lecl US West accounts-groevin�rever�ue by ))��c,tr-iplint�top aclvertiser spend,and capturing filst seven figure media buy for the region across le<id�Yeneration,acquisition,and branding campaigns GLAM MEDIA INC—2010 to 2011 Brisbane, CA Sr. Director, Platfor�n Prodarcts � 20 I 0-201 1 • Responsible for inclirect/programmatic monetiz<ition and yield management of Glam Media's poi-tfolio of inventory,increasing YOY revenue by 61%c, improving RTB revenue 447% • Lecl technology partner�valuation,prod�icT clefinition,and launch of Glam Private Marketplace fo1�agencies YAHOO! INC—2005 to 2010 Santa Monica, CA; New Yorlc,NY Director, Business Develop�rient—Yuhoo! 2007 - 2010 � Supervised 60%+oi audience tai-geted campaigns for P&G,c(elivcring 44°Ic cost reduction and 37°/0 improvement aF fi-equency • Launched and led Publisher Mana�ed Se�vices team,clelivering ne�v services that included yield optimization, audience extension,sales enablement,acquisition,and lead generation at profit levels 2.5 greater than company average • Led implementation and managemenC of 1�irst premiun�� publisher parmers Forbes.com,Cars.com,and Ziff Davis on Right Media platfoim Accouizt Mancrge�-—Ri,�hl Media Ad 1Vehvork 2005 - 2007 • Managed 61% of company 1-evenue,gi-o��ing top aclvertiser accotmt by more than 420�/o by achieving better- performance than competitive set • Grew managed publisher volume by 40% and revenue by 23% for over 450 net�vork publishers,gro�vinb the top publishei-'s eCPM by 65% EDUCATION PRINCF.TON IJNNERSITY Princeton,NJ A.B. Histnrp June 2004 ali�i i IUNAL • 1-COM Data Creativity A�-vards Board Member. Forir�er lAB Co-Chair on Automation Committee • Interests include soccer,sailin�, live music, ��%orld travel, hil<ing, & wine tasting � �� T'r� n �f T'�b�r�� F � � "�� ,�� - � �� z� 15t�5 'Tib�arcan E�6�d., T�burrara, �� 92� �� P �.,�.�� . .«i;sw.�F.. � ��t��an� �o�n��b�ar-�sr�o�r� � 41°�.435.73�� T�iNN OF TIBURON Ct?MMISSIt3N, BOAR[? �c CCl►MMITTEE APPLICATI4N The Town Cauncil considers appointments to its v�rious Town commissions, boards and committees throughout the year due to term expirati�ns and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburan's Iocal gavernmental process and �ctivities, the Council needs tq know your interest in serving the Tawn in some capacity. �'lease indicate your specific areas of interest and special skills or experience which would be �eneficial to the Town, by cornpleting this form and returning it to Town HaEI with a resume_ �r�pies uu�la,;� �forwarded to fhe Town Council and informal applicant/Cauncil intenriews are �ched�le�,�riodically during �he ye�r. Your �pplication wiil �Is� rerr�ain on �ile �t Town Hall for � p�r�od��o�t� (1} year. Than�C you for your willingness tfl serve the Tiburon community. Lea Stefani Town Clerk � d . �ull Name: � F!v t� �ot� 4d'r-Ric.f �, Da#e: C� �12�� + s Please indicate your areas of interest in numerical order: �. Planning Cvmmissior� 3 Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission � • Disaster Advisory Council Bel-Tib Library Board� Commission on Aging �# Aff+ardable Housing Building Code Appeals Board � 0 0 9 • Aridr�ss: � ��S +��+ L�4�..�,a ��,�;V� Street Address Apartment/Unit# `�"'t�-�.a e�o v� C� �t��2� Cit�r �t�te �1P��ade Phone: �c tS -- '�o',�'� -- �6�'�- Emait: d av�a- +rvt c�S�� a��.e� . �or� f 0 • 0 • - i . �cy.+��'v �-�>s r y C.y.,�,c.:� ; �q'k'wtw..L txtfiarcn� �,.�. �� b�t c S v�ct v+Z v..a c� �n t�. �3a., +�,. �, otr rs�, �-q�� ! �• Q lw+�v.v.� e�m M•►si,o� " �ov.a*,sk"s,.K't.,i r+1o.�a4'u�e1 �c� :ss.u.S� �o��ivl��-� _ 'l�a�.-t'�'w. � w1-arc. t ��,�. p,n9..,�J: t e,f d,�»� 4Y .+no�� .20..�.,�S si..a 2w �.-1 l�rtL� S J , a�t�� ,t�r�4.. 5'�-°i�;�'v�', �.�c�,..,,� �,�S..v , ►vt tr.�Ot o�-' !Q,"f.a U,n�, �i v s r.e..�� `1 i'��t�ca'� .:�ttOy3v.( . t E'+�> l! 'r��tl„1 {� �C[JM. 4 Li��iCy,� i>Sut ..tl� . �. J �+�. ad►�,� »sw� v.� s7��'�.�c. ra�'�y,,,,� ' • . . . , • . . o e - � . �ra ca:�Ccr V��lv�>a�� p w�u� 1 l r,..v-rw�..1- v.. S� 7, d...�s bc�t G.�a t�n.�c�� , 5 pc�!" �,�� o F O�C' t'�- tv,��.1 �o d � w<..�t..� ,f'�atit».�L�4#� ,, 'W u.> a..+_ o� o,r��..u�l- C�ra+.r.er.� �u,r� �'itC �c� �4�"�Z 1 t ty-- , ` 1 . �— . .� ..� � :�.1'��+n l\ l .n'�� ht�./t l,n++aq�d~ M JrG G lc4 41cn A"t .�.t 1�1r o..s,�... J t�i+.v� c�...��.^e. .e.s�c.ep ir' 1..cxw�-s� N,ls� � ,L T lun�u� I.J.M�a�at�S OV"rf J a �yu�r �C.r.�}t/��+s/la.. a r1 OKt..�..y� LV 9� �r�.�,,�.-� ��.�.�..,.� �. �a,��...� Se��;.�s . �.�,�RJ��+Gn u«� �,,,�►�u.�y' d� �l��a w.�.-r Cw tlesi4�a+,n.= b s.Ywm. (s�,,Y`..� u,,.r� Lv i 'tt a�.J�.1�.1 r�..,f C"'`.� Pubtic fli�atosure Notice:Submittec�applicatian materials constitute a public record and may be pub(icized in : their redactetf form�s part af Town Counci!meeting materials. ��rs,�c,tiY',�.��a David John Barker Summary Resume Current Status: Married Retired Education: MA, Oxford University, UK: Philosophy Politics and Economics, 1968 Employment History: 2002 — 2012 Independent Consultant, Corporate Strategy and Organization Consulting Partner, Strategic Decisions Group, Palo Alto, CA 1997 - 2002 Vice President, US Strategy Consulting Practice, Arthur C. Little Inc, Palo Alto, CA 1989 -1997 Vice President, West Coast Management Consulting Practice, Arthur D. Little, San Francisco, CA 1974 — 1989 Energy Consultant, Arthur D. Little International, London and Abu Dhabi 1968 - 1974 Various Positions, Mobil Oil Corporation, London and New York Volunteer Activities Pledge Supervisor & Docent, KQE'D San Francisco Broombusters, Tiburon Additional Information available on request "I�o��n Council Meetinb TOWN OF TII3UKON Septe��ber 2, 2020 '�'� 1505 Tiburon Boulevard A�enda ]tei��: CC-1 � �-- Tiburon. CA 94920 . � � ' ' 0 ' To: Mayoi•and Members of t�he Town Councii From: Depart�nentofAdmii�istrative Se�•vices Subject: Reco»�mendation to Accept the J��ly 2020 Investment Summa�y � Reviewed �,�,-� � By: �`�''�- n/a Gre Chanis,Town Mana er Benjamii� Stock.Town Attorne SUMMARY Staff provides the Town Council a monthly repo►•t on the Town's investment activity. This report is for the month ended July31,2020. RECOMMENDED ACTION(S) 1. Staff recommencls that the Town CounciL• Move to acce t the Investment Summa►•y fo�•Jul>>2020 I3ACKGROUND Pursuant to Gover�u��ent Code Section 53601, staff is required to provide the Town Coui�cil with a i•eport re;arding the Town's investment activities f�or the monthly period e��ded July 31, 2020. All of the fui�ds listed below are on deposit ��ith the Local nbency lnvestme��t Fund �(LAI1=). ANALYSIS July 2020 Inte►•est Agency Investment Amount Rate Mafurity Local Agency Beginning Balance as of �2�3,476,a60.59 0.920 '%� Liquid Investment Fund 07/O1/2020 (LAl F)- Deposits �0.00 Withdrawals �1,500,000.00 Interest Earnings �88,008.68 (Posted Quarter•ly) Total Gnding Balance as of �23,06�,469.27 07/31/2020 Tow� or T�BuaoN � Pnci_ 1 or 2 � �;1��i; - � ��Ll�� :.`�ii:t.' .. � .,,. ._ , The total invested at tl�e end of the pi�ior month was $24,476,460.59. No deposits were made i�� the reporting pe�-iod. A withdrawal in the ainount of$I,500,000 was made oi� July 9 to support "l,owi� o�eratioi�s, incl��di��b thc ai�n�ial pay��ei�t ��ade to �aIPCR��fo�-ti�e rY 20-21 ui�f��i�ded liability and three annual ,IPA and memberships fees. Acer�ied LA1F inte►•est for the 4`�' quarter of Fiscal Year 2019-20 in the amoui�C ofi$88,008.68 �vas posted on July I5, �•es��lting in an endinb balance of$23.064.469.27. ln additio�� to the Funds on deposit with LAIF, the Town ii�vests funds in two Section I 15 �1'1'PV(IC�.AfI�P �TI'itC1-C tf1P�lY�1PP �ncY-F'mn�nlin�r�nt F�r-�n�+�itc an� rv��c�i�n �I-ilirrnf�innc T�� o trnctc o ----. �___�._ _._..,.� ..,. ,....... . ..... .... .r,..,�,.,.,,.� .�.,.....,.� u�.,, �,.,.�.,�.,.� .,,, .bu��,��. „�.,5., �,�� «�� administered by Public A�eney Retireme��t Services (PARS). The PARS July 2020 State�nent is attached to this report as Exhibit 1. FINANCIAL IMPACT No tii�ancial impact occurs by acceptinb this report. The Town continues to meet the priority prit7cipies of investing--s�fety, liquidity and yield in this respective order. ENVIROI>11VII,iO'TAI, R�VIEW Staft has p►-eliminarily determined that aceeptance ofi this investment summaiy is statutorily exempt ii•om the requir�ements of the CaliPornia Cnvironmental Quality Act (CEQA) p��rs��ant to Section 15378 of the CEQA Guidc:lines in that it does not constitute a project under CEQA. R�COMMENDATION Staff recommends that the Town Council: Move to accept tl�e ]nvestment Summa�� for July 2020 Exhibit(s): I. PARS Section I 15 Trust Account Summa�y for Jul� 2020 Prepared By: Suz��ni�e Creel:more, Director of Administrative Se�vices T'o�v�� ot�Ti�it��to�� P;��ci�:2 oi�2 EXH I BIT 1 r��u� ��rvcy R�t�� S��v�C�.s � :1'O�f,'!'tJ1�'7�7�L-IZt?,�17� �cci�unt I2ep�rt fc�i�tt�e I'es•iaEl P,=9R.S nt>s,-�r,tytty;}�e,it I3er2e�;1s:I��rrst 7i i%2!}2t'i ta 7;:i:[i1C)L�i . � �� Greg Chanis 7�QAYIl l'��i11�8. �� fl OW'€;0��1 If:ULOTI l�U�+Ti�>tuon E3ivd. �' ��FF�C� Tiburon,C:a 9492ij C3�Y#�F3F� <�cc��auni �u��ma�-�r I3alance a�ef Balance as Qf Source 'i?12020 ConiribuPions Larnings lsspensei Distribirtions 'i'rnnsters 'i.'311�02Q ..,r.�. >.. _5.,.;: �.. . .� 3r�....� �.,�,_,,�3;.3i �p.iiU �.8"I,O�if?.C1 �i,2!U.:t4 30.00 :�;1.0i: -�,�gg;Ei�7.?-: 'Fs� _,.. , i,.`i18.6� �0.^v0 3 b,4b"7.2� ��;'".'�.l=i �0.00 $JC.; �(.f c;:,:/.?4 Totzsts �3,]25,"1fi.65 SEJ.�€� :�723,54?.2f �7,98S.3S �0.�4 .n0A0 ti4.2�'i.2�5.53 �I�S'n5ri1?;',�:! �4'.��'�$;ut: Source QP:��3 I3xlaucazl I3rde��'LIJS P'�hr�ii}'v Moderately Consen'ali��e lndex�'I,l?S �ne�e�tn�er�t f)t�jecta��e s��,��e •.�.� , s��,;,1.. L.,i..nu:�� '�.� e�v.;.c�,r�;��tti af priric'_�al 27d inco�x�c.+��i'e-,�.der d,,.nd_.t,r::st;na�i.�a are ai.iir�a,t;;�ar.t ecl�u�.�c.�:t�_:t:�:: :.s.�t.r: ..�,- .,t�,et�,ea�'_tl�u�ea�;ital a7p-eciaP;o:;wi!;cur..pr.se a 1 at..r;,r,rt;on of t}zz toEai r.trn.1:i2�;orito:ie:,; �t ,tl�:�;<.t��l.,.. ...,, i le'1�3 .cc. _ , r E(jG:l-4`:{zl(.:`:XE'l�iTIC�TT14.;I1Ve:<4P.�]f;71iS. T � _. ,, �z.i�f;;; ;,hr�:l��r ��- �:;s;:r�,�at�� Si �it�;x;v are c�arreri:i�co:Et�tin�i moderatv ca;itt:!a� rec�ut.n.t.;�Fz:ra o. ^ �:�,.<tr�e si�,et<�< i'E:t�`�K}'� - I ;�F 7 r_ , ..,s�rr!:;ted io izaco:::e-p:odur,iriz::e:;�rities.Ni�vket fii�in�ut:c,r,s s:a��ul,'bc:e +ecte�9. Invesf��r�t I�e#�a��n � Ar�nuuii'x.cd Rettrrn Sovrce !-B7o��th 3_n7o3itlu 1-Yenr 3�Ycars �-T'e:�rs ]0-Ycars Plan'��inceptionDnte Cft'��iz :1�:;6 _ >"/,-, �'fi)°r G.��% - , :}r,`:._�ilb 3'FNSi�:)'`i <...._i., ,_..... Y,30°c - - - ....;:U18 ,. ., . ..,, v . �a�::r� . :.::�:;� _: ;P:� .� . .�.s.� �<,� � -� . R i 7;;;^� <��.,c�.c.. .-_ ,,.,:. , ..�: �r:::.:: -�:..�c :�.�..�� C<..:m y;�;�.:�,t;. .. ,i �.�..._:r:t.�.:..._.r. .,,,,r..�.. .�... ..... .. ....... . _ , . __ ., . . � � � � I_+:�. ��.... .u.�.< ��. .. ,�, . . . > r t a r< <i . � , �..:..,�.r�.:....;. ta. . .;��..� ... . ._ , . . .. , ,. ._. �. . .;.-�; ..� �.�. .�: �< <.,:�, � c , .... _ _�. .... ..__ ,. .... ..... . ,.. ...�..... i � ,::.. . ;,y_:: :;::: '- :, �.:.i\'��)r.. :,..�.�.:, ..1.s�f..,L' t< ,.[,h.i.,S _\�!'J��_ -l_.i.iT:� ./�.C:.;;� Tow�� Co�u�cil Meetin<� TOWN OF TII3URON Septeinber 2, 2020 �" 1505 Tiburon Bo��levard Agenda Item: CC-2 - �-' Tibut'on, CA 94920 . _.,...,. . � � . To: Mayor and Me»�bei•s of the Town Council From: Community Development Department Subject: Recolr�mendation to Ainend Municipal Code Title Vl, C1lapter 28 (Smolcinb and Tobacco Regulations); Town-initiated Amendments (Ordii�a��ce—Second Reading) banning the sale of Flavored Tobacco. � i. Revie��ed I3y: �r.� �ej� �` G� Gre�Chanis,Town Mana�er Benjaiuin Stocl<,Town iluori�e� SUMMARY To Adopt Municipal Code Amendments to ban the sale of flavored tobacco in the Town of Tiburon. R�COMM�NllF:D ACTION(S) � � � � � � �� 1. Consider ado�tin<�the Ordinance to ban the s�le of flavored tobacco in the Town of Tiburon. �AcxcxouNv 'The To�vn Coui�cil inti-oduced i�his Ordinance following a public hearing at its meetii�g o�f August 18. ?020. The Oi-dinance is now before the To��i� Council for considei-atioi� of adoption. The 'I�o��i� Council made sevei•al changes to the Oi•dinance to inclt�de s�ve��al detii�itions and approved tl�e remainder of the Ordinance as presented. Stafl,��as directed to 1-etul�n with 3n ameilded OI-dina��ce a��d present the entii•e redli�led te�t (1?xhibit 1) for Chapter 28. in order to provide the Town Council with the opportunity to revie�� the chapter ii1 its entiret�� prior to adoption. Ii� addition to the redline version, a `clean' version of the revised Orclinance is attached as E�hibit 2. SUMMARY OP' ORllII�':�NCL The Municipal Code amendment redline versioi� is provided with stril<ethrou<�h (c�el�te-t��:�) and single �mderline (new te�t). �l�he proposed chai�ges include additio��al def�initions. si��na��e_ and prol�ibition of all sales of flavored tobacco prod��cts throughout the Town of Tiburon. I,NVIRONM�NTAL REVI�W Staff has prelimii�arily detc�-mined that adoption of this ordinance is statutorily exei��pt ii�om the requireme��ts of the California Fnvironmental Quality Act (CEQA) piu-suai�t ro Sectioi� 15378 of tl�e CLQ/� Guidelii�es in that it does ��ot constitute a project under CEQA, and if it �-��i�e found to constitute a project. it �-vould be e�empt pursuant to the �cneral i�ule set foi�th in CEQ� Guidelines To�� or T»uuo� P;�cc 1 or 2 , . �� , - . ��; Section 15061(b)(3) and pursua��t to SecCion 15305 involving minor alt�erations in land use I im itations. c�rRF�' ��f?1��I1!?�I�II�'�"I'IOl`I The Cou��cil's motion to adopt this itein on the Consent Calendar will constitute a motioi� to waive the second reading of the ordinance, read by title only, and pass the ordina��ce. Each Councilmember's vote on the motion to ap��ove this item oi� the Consent Calendar will co��stitute , the equivalent of a r�oll call vote and will be recorded within Che ordinance. Sho�ild any �(11111('.III'llE'illllPi'(lIl(l(lCP YCl \/(1rP !'�IffPl'P�'tY��i r�n t��ic itF�ni t�i�n nt�ir>r �tr��tic nn t��ir� (lnncvn4 (�a��n��ar __-"'-""'--'-,.-' -._��_ ... ....., .......,..,..,..� .... ....., ...,.,� ..,�..�� ".��.,, �....�.., .,.� ��.. �.��.��.,,�� `,u��,��u�� then the vote o�� this item should be taken sepal•ately fi�om other itei�s �ppearinb on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be ren�oved from the Consent Calendar and voteci upoi� separately. Staft recommends that the Town Council: I. Appi-ove ti��e adoption of draft Ot•dinance, attached as �xhibit 1. Exhibits: I. Drart Ordinance(Redlined) 2. Draft Ordina��ce(Clean) Prepared E3y: Di�»Tasini, Director of Conunur�ity Develo�ment "fo�� orT�[�Lao� Y;�c;r 2 or2 � EXHIBIT 1 Chapter 28-SMOKING AND TOBACCO RFGULATIONSU Sections: Footnotes: —(4)-- ��U,�� , ,, . ,. �. _ . . . � , ,>ItOt�..._t .: ,., _.,. - . � , _.L 1 u cll'�.:�[J �. ,., ,ti .., „ ,�. �C:I, .., ., _. , .. .._, : �r�CiE�( -� ,IfO�i�f?r;. �IO.� .:�J.:;.�� . . 28-1-Findings and purpose. (a) The town council finds that: (1) Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; (2) Reliable scientific studies, including studies by the Surgeor General of th2 United Stat2s and studies commissioned and assessed by the U.S. Environmental Protection Agency,have shown that breathing sidestream or secondhand smoke is a significant health hazard to nonsmokers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; (3) Health hazards induced by exposure to environmental tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise tolerance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease; (4) Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at ieast fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers; (5) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; (6) Persons,particularly employees,have a right to a smoke-free environment if they desire; (7) Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses: (8) Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease,and various other medical diseases.The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.; (9) The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases.The Surgeon General of the U.S. and U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of Iegai consent; (10) The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.; (11) The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin; (12) 87.9 percent of nonsmokers showed detectable levels of cotinine(a metabolite of nicotine)in their blood,the most likely source of which is secondhand smoke exposure; (13) There is no Constitutional right to smoke; (14) Secondhand smoke can seep under doorways and through wall cracks and through ventilation systems; (15) State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; (16) A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within the common areas of multi-unit residences is not prohibited by state law; (17) California law declares that anything which is injurious to heaith or obstructs the free use of property,so as to interfere with the comfortable enjoyment of life or property,is a nuisance. _ _ � (i£?.;.Califoinia St�te D��itmeni of Educ�tion suive.yed_Maiin Count_y__Youths in?�16�^a_;0�£3 ai�d Formatted:Underline,Font color:Red found an 11-28 ercent increase in all a e arqups with ihe lar est amonost 11 r��_Ers, ' -----_____�_ — �.._�_�_ --g------_._.._— q j1�,'.Vapin.g�roducts contain h%_ghl�addictive nicotine as well as other harmful substances_and c�rtridges contain as much nicotine as a�ack..of ci�arettes per cartrid,ge,_ (2�.,_____Flavoreel_,_vapin.g__products___are__designedT flavored and_,marketecl_to altract_ado�escents.__aiid frequentiv these Vounq smokes move to smokinq c�arettes. t21 The areatest impact on reducinq adolescent v�ng.would be to�rohi�it_the sale__o.�_�roducts ._......_. — �vitrm,the,communitv thereby reducing access to a danqeio�is,addictive nicotine pr�:iuct,. (b) Accordingly,the town council finds and declares that the purposes of this chapter are: (1) To protect public health, safety and general welfare by prohibiting tobacco smoking in certain public places and in places of employment;and (2) To guarantee the right of nonsmokers to breathe air free of toxins from combustion of tobacco, tobacco product,tobacco-like product,spices or any other plant or herbal materiais to the extent that local regulation of sources of combustion of those materials is allowed by law and to recognize that the need to breathe air free of the toxins produced by smoking has priority over the desire to smoke. (c) The town council further finds it is within its basic police power to implement and enforce the provisions of this chapter. IOn�.N�,.531 N.S..1 3,7-20-2011) 28 2-Definitions. The'ollowing words and phrases,whenever used in this chapter,shall be construed as defined in lhis sect�on "Bar means an area which is devoted to the serving of alcoholic beverages for consumption by patrons en the premises and in which the serving of food is only incidental to the consumption of such beverages. "Business"means any sole proprietorship,joint venture,corporation or other business entity formed for profit-making purposes,including retail establishments where goods or services are sold,as well as professional corporations and other entities where legal,medical,dentai,engineering,architectural or other professional services are delivered. � ^rh�i�.- o r��ci�� . � �..�.. u„�I y"��- ^S 2n'y a^mily'da'y Caic�cy^u'aicu u'y ScCiioiiS 1�9i.3v iiifOUCyiI i597.o2 i Oi the California Health and Safety Code(or successor sections thereto)and any day care center for children regulated by Section 1596.90 et seq.of the California Health and Safety Code(or any successor section thereto).It does not include foster homes or residential care facilities. _ _ - �� aiacterizuln Flavor m��an,a distin_w;htibl ��.t n u�m,��,r I,u i �ih��i�h,in th��iu�i��i aronn of Formatted:Underline,Font color.Red ` — - - - --- tobncc�,unpinc�l_hc� I�,b_�c�n.lio�uc).. im� bc��i�J..u>>rudu�rdbc_ili I�1acc��Pi�.�ligt:.._Chu,irta�ii�i�,? ._ _.- -_ _.. _ ___ 1 I icuis includc.ImJ uc n��.I.inulul tu i,»t ui,ugn,i i I a��<i..i� �m Iruit �h� �I;i)_i � �nill�,..lit n�� inti� �i cqa, il�,Su:L:..ilcohqlic_l� � i t�e;mwuhol..m,i.m,��in��J.�i n r rh ni ,piw .::A 1 b�icc��Pi�iluu,h_�II no�be det innned to __._. _........... hi��c a Ch u ict�i,ir,in 1 la��or,olilc b�cau ql ih,e.u J�ti,�n i Il;t� iui _�n_ih��iii.�ieiy n�I,in_i.c.�l cni _. _ in,t�inlah�n I�j�lt<i n is Il,ie_pi� cn��I:i di Iin_ni. h il izl�ui uum;i. i huili,.nt J� u'�be�i in ih �int uncnce, _..... _._._. _. ol Ihi%d�linilion_that ConitiluiE��i C;hnrricte.�iiinp.PI i�.�r_ � .,;:��n,titucnr„Anv in�rediciiL substanec rhomi::�L�,r,cmm�ound,��thrr thaii t��l�acco watcr or ��c.P.LSSitutc d to�ac�o sll�'<�t.th v(is�il_ch d b��[.IiS'.Jnar.ifa�[iu�i [�� :tn i��i o I?J:udui t�li,ii,:ii.i�,th< E�i,c�c;sg.i.i7.�, � tnnnufacture or padanp of thi�[ohaccn prctlucr "Common area"means every enciosed area and unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use,including,for example,halls,paths,lobbies,courtyards,elevators,stairs,community rooms,playgro�mds,gym facilities,swimming pools,parking garages,parking lots,restrooms,laundry rooms,cooking areas,and eating areas. "Common interest complex"means a multi-unit residence that is a condominfum project,a community apartment project,a stock cooperative.or a planned developmenl as deiined by Caliiornia Civil Code section 4100,or successor sections thereto. "Dining area"means any area,including streets and sidewalks,which is available to or customarily used by the general public,and which is designed.estabiished,or regularly used for consuming food or drink. "Electronic smoking device"means an electronic or battery-operated device that delivers vapors for inhalation.This term shall include every variation and type of such devices whether they are manufactured,distributed,marketed or sold as an electronic cigarette,an electronic cigar,and electronic cigarillo,an electronic pipe,an electronic hookah or any other product name or descriptor. "Employee"means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit,and any person who volunteers his or her services for a nonprofit entity. "Employer"means any person,partnership,corporation,including a municipal corporation,or nonprofit entity,which employs the services of one or more individual persons. "Enclosed area"means an area in which outs�de air cannot circulate freely to all parts of the area, and includes an area that has: (1) Any type of overhead cover,whether or not that cover includes vents or other openings,and at least three walls or other vertical constraint to airfiow inciuding,but not limited to.vegetation of any height, whether or not those boundaries include vents or other openings:or (2) Four walls or other vertical constraints to airflow including, but not limited to, vegetation that I exceeds six feet in height whether or not those constraints include vents or other openings __ --- l;ttvora� �E�ol��tcc�,�� Zte tn� <<�1� �E,tu't; �i i.c, th,u cunt iin� o �onSUlucnt lhul i��p u't, tt� � Formatted:indenr.Left. 0' - - - --- __. _._ _— __--- _..... -- ' --__ -- - -- c r<u actcririn.> ila�or "Health departmenY'means the County of Marin Health Department . "Landlord"means any person who owns real property leased as residentiai property,any person who lets residential property,or any person who manages such property.except that"landlord"does not include sublessors. "Minor"means any individual who is less than eighteen years old. "Multi-unit residence"means,for purposes of this chapter,a premises containfng two or more units, including,but not limited to,a common interest complex,except the following specifically excluded types of housing as defined in chapter 16 of this Code: (1) A single-family dweliing,including enclosed areas and unenciosed areas on its premises; (2) A detached two-family dwelling, including enclosed areas and unenclosed areas on its premises; (3) A mobile home park unit,including enclosed and unenclosed areas on its premises. "Nonprofit entity"means any corporation,unincorporated association or other entity created for charitable,philanthropic,educational,character-building,political,social or other similar purposes,the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain.A public agency is not a"nonprofit entity"for purposes of this chapter. "No smoking sign"means a sign containing the words"No smokfng"or lhe international"No smoking"symbol(consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it). "Opening"means and shail include any main entrances,exits,operable wfndows,and ventilation intake systems. "Person"means any natural person,partnership,cooperative association,private corporation, personal representative,receiver,trustee,assignee,or any other legal entiry. "Place of employment"means any area under the legal or actuai control of an employer that an employee or the general public may have cause to enter in the normai course of operation,regardless of the hours of operation,including,but not limited to,indoor and outdoor work areas,construction sites, vehicles used in einpioyment or for business purposes,taxis,employee lounges and restrooms, conference and banquet rooms,employee cafeterias,warehouses,long-term care facilities,and lobbies and hallways.A private residence is not a place of employment unless it is used as a child care or residential health care facility. "Premises"means a piece of land and any improvements upon it such as is usuaily described in a deed,deed of trust or mortgage;including legaliy separate but contiguous pieces of iand that are owned by the same natural person or by legal persons under common control. "Public evenY'means an event open to the public,including,but not limited ro,sports events, entertainment,speaking performances,ceremonies,pageants,parades,fairs and farmers'markets. "Pubiic park"means any parkland open to the public that is owned by the town and is designated "parks and recreation"on the zoning map of the town. "Public place"means any place,publiciy or privately owned,which is open to the general public regardless of any fee or age requirement,including,but not limited to:bars,restaurants,clubs,stores, stadiums,parks,playgrounds,taxis,buses,bus shelters,public transportation facilities,hotels and moteis,bed and breakfast facilities,fairs,farmers'markets,theaters.sidewalks and streets."Public place" does not mean within private vehicles in or on public piaces. "Reasonable distance"means a distance of at least twenty-five feet in any direction from an area in which smoking is prohibited. "Recreational area"means any area that is publiciy or privately owned�nd open to the generai public for recreational purposes,regardless of any fee or age requirement.The term"recreational area" includes,but is not limited to,parks,open spaces,picnic areas,playgrounds sports fields,tennis courts, walking paths,gardens,hiking trails,bike paths,riding trails,swimming pools.marinas,and amusement parks. "Restaurant"means any coffee shop,cafeteria,sandwich stand,private and public school cafeteria, induding any associated outdoor eating area,and any other eating establishment which gives or offers for sale food to the public,guests or employees,as well as kitchens in which food is prepared on the premises for serving elsewhere,including catering facilities. 'P.2tal iGuBCCG SiOiE"iiicdii5 a feidii SiGie uiiliZ@u piiiriariiy ior(il@ SBIE3 Oi IOD2CC0 pfOQUC[S,[OD7CC0 paraphernalia,or smoking products,and in which the sale of other products is merely incidental. "Self-service merchandising"means open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer.This includes point-of-sale tobacco promotional products(such as tobacco industry tee shirts, caps,key chains,give-aways),to which the public has access without the assisiance of an employee.A vending machine is a form of self-service displays. "Service area"means any publicly or privately owned area,including streets and sidewalks,that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction,whether or not such service or transaction involves the exchange of money.The term "service area"includes but is not limited to information kiosks,automatic teller machines(ATMs),ticket lines,bus stops or shelters,transit shelters,ferry terminals,mobile vendor lines,or taxi cab stands. "Smoking"means engaging in an act that produces gas,particles,vapor or smoke by means of combustion,electrical ignition or vaporization,where the apparent or usual purpose of said act is the human inhalation of the byproducts."Smoking"does not include acts where(a)the combustion or vaporization material contains no tobacco or nicotine and(b)the purpose is solely olfactory.such as producing smoke from incense."Smoking"does include the use of a lighted pipe,lighted cigar or lighted cigarette,lighted hookah,electronic smoking device or other device of any kind containing tobacco, tobacco product,tobacco-like product,marijuana,spices,or any other plant or herbai materials to the exient that local regulation of such lighted device,product or material is allowed by law. "Tobacco paraphernalia"means cigarette papers or wrappers,pipes,holders of smoking materials oi ail types,cigarette rolling machines,and any other item designed for the smoking,preparation,storing,or consumption of tobacco,marijuana,or other similar products. "Tobacco product"means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed. or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco,pipe tobacco,snuff;and (2) Any electronic smoking device. (3) Notwithstanding any provision of subsections(1)and(2)to the contrary,"tobacco producY'includes any component. part, or accessory of a tobacco product,whether or not sold separately. "Tobacco product"does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. "Tobacco retailer"means any person who sells,offers for sale,or does or offers to exchange for any form of consideration,tobacco,tobacco products,tobacco paraphernalia,or smoking products within the corporate limits of the Town of Tiburon."Tobacco retailing"shall mean the doing of any of the above.This tlefinition is without regard to the quaniity of tobacco,tobacco products,or tobacco paraphernalia sold offered for sale,exchanged,or offered for exchange. "Tobacco vending machine"means any machine,appliance,or other mechanicai device operated by currency,token,debit card,credit card,or any other form of payment that is designed or used for vending purposes,including but not limited to,machines or devices that use remote control locking mechanisms. "Town"means ihe Town of Tiburon. "Town manager"means the Town Manager of the Town of Tiburon,or his or her designee. "Town open space"means any open space land or easement owned by the town and designated as "open space"on the zoning map of the town. "Unendosed area"means any area that is not an'enclosed area',as that term is defined in this section. - "UniP'means a personai dwelling space,even where lacking cooking facilities or private plumbing facilities,and includes any associated exclusive-use enclosed area or unenclosed area,such as,for example,a private balcony,porch,deck,or patio."UniY'includes,but fs not limited to.an apartment;an attached two-family dwelling;a condominium;a townhouse:a room in a long-term heaith care facility, assisted living facility,or hospital;a hotel or motel room;a room in a single-room occupancy(SRO) facility;a room in a homeless shelter;a mobile home;a camper vehicle or tent;a single-family dwelling; and an accessory dwelling unit or guest house appurtenant to a singie-family dweliing. "Vendor-assisted"means only a store employee has access to the tobacco product and assists the customer by supplying the product.The customer does not take possession of the product until it is purchased (Ord.No.53l N.S.,§3,7-20-2011:Ord.No.5�3 N.S.. �2J(n).(13).9-17-201d:Ord.No.57� rv s.,�z��—(�1�_s-»-zo»;ora.Na s�9 N s..�z�i3a �M>. �-i s-2ois� 28-3-Smoking and tobacco product use prohibited in town-ownetl facillties antl town vehicles. Smoking and use of tobacco products is prohibited in all town-owned,town-leased,and town- operated vehicles,including jitneys and buses and other means of public transit under the authority of the town,and in all enclosed residential and non-residential faciiities,buildings,or structures owned,leased, occupied and/or controlled by the town. (Ord.No.531 N.S.,§3,7-20-201];Ord.No.�71_�2(]).j-17-2017:Ord.No.579 N.S.. �2(A). (N),7-1 5-2018) 28-4-Prohibition of smoking and tobacco product use in endosed areas. (a) Smoking and the use of tobacco products are prohibited in the enclosed areas of the following places within the town: (1) Public places;and (2) Multi-unit residences and common areas;and (3) Dining areas;and (4) Service areas. (b) Smoking and the use of tobacco products are prohibited in all other enclosed areas except as provided below: (1) Inside private vehicles when no minors are present: (2) Inside private single-family dwellings,except when used as a child care facility or a heaith care facility; (3) Inside detached accessory structures appurtenant to private single-family dwellings, includino accessory dweliing units; (4) Inside private detached two-family dwellings and detached accessory structures appurtenant thereto; (5) Inside retail tobacco stores,only if (A) The retail tobacco store does not seil edible products.induding,for example.food,water, or drinks,and does not ailow such products to be consumed on the premises;and (B) The retail tobacco store prohibits minors from entering ihe store at all times. (6) Inside an enclosed piace of employment that employs oniy the owner and no other emoloyees or any other independent contractors routinely spending time performing work in the enclosed areas,provided that: (A) The place of employment is not a public place,and (B) The enclosed area containing the place of employment does not share a ventilation system with any other enciosed place of employment or pubiic place. _... (C rd.No.5�I N.S.. ,��'3.7-20-2011:Ord.No.579 N.S.a�2(/1),(0).7-I R-2018) :�Formatted:Spanish(Spain) F�eld Gode Changed 28-5-Prohibition of smoking and tobacco product use in unenclosed areas;exception for designated '— - -- ` ,... -., smoking areas. !,Pormatted:Spanish(Spain) ; _.- _ _— —_ — , !Format[ed:Spanish(Spain) � _. __... _...... _........ _; (a) Smoking and the use of tobacco products are prohihited in the unenciosed areas of the foilowiny places within the town: (1) Recreational ar�as; (2) Service areas; (3) Public places,including streets and sidewalks open to the public; (4) Dining areas; (5) Bars; (6) Common areas of multi-unit residences. • (b) Notwithstanding subsection(a)above, multi-unit residences, places of employment, town-owned or controlled public places,and public events may designate an unenclosed area where smoking or use of tobacco products is permitted if the area meets all of the foliowing criteria: (1) The area is located a reasonable distance,as defined in this chapter,from any unit or enciosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal . control over the premises.A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on nearby premises are established; (2) The area does not include,and is at least one hundred feet from, unenclosed areas primarily used by children and unendosed areas with improvements that facilitate physical activity induding,for example,playgrounds,swimming pools,and school campuses; (3) The area includes no more than twenty-five percent of the total unenclosed area of a multi-unit residence if located within the premises of a multi-unit residence; (4) The area has a clearly marked perimeter; (5) The area is identified by conspicuous signs; (6) The area is completely within an unenclosed area;and (7) The area does not overlap with any enciosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this Code.state law.or federai law. (c) Nothing in this section prohibits any person or nonprofit entity with legal conirol over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use of tobacco products is not otherwise prohibited in that area. (Ord.i�o.�31 N.S..�3. 7-20-201 I:Ord.No.�71. $2(.I).(K).5-17-2017;Ord.No.579 N.S..� 2(A)_(P).7-I R-2018) 28-6-Smoking regulatetl in places of employment. (a) Each employer having an enclosed place of employment located within the town shall adopt, implement, make known and maintain a written smoking policy that shall contain the following requirements: Smoking is prohibited in all enclosed facilities within a place of employment without exception.This indudes common work areas,auditoriums,classrooms:conference and meeting rooms,private offices,elevators.haliways,medical facilities,cafeterias,employee lounges,stairs,restrooms, nonpersonal vehicles and all other enclosed facilities. (b) The smoking policy shall be communicated to all employees within thirty days of its adoption,and at least annually thereafter. (c) All employers shali compiy with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (d) "No Smoking"signs shail be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms. (e) All employers shall supply a written copy of the smoking policy to any existing or prospective employee (f) Places of employment exernpt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section. (Ord.No.531 N.S.. ,��3.7-20-201 I) 28-7-Smoking restrictions for new and existing units of multi-unit residences,responsibilities of homeowner association in common interest complexes. (a) With respect to all existing units of multi-unit residences in which smoking was not prohibited by this chapter prior to August 17. 2018, said units shall become subject to the provisions of this chapter sixty days following August 17,2018 (b) Notwithstanding subsection(a)above to the contrary,each and every unit of a multi-unit residence, the occupancy of which becomes available for the first time on or after August 17, 2018, shall be subject to znd controlled by ihis chapter. (c) The homeowners association; or its duly-appointed management agent, for each common interest complex subject to this chapter shall,within sixty days of August 17,2018: (1) Establish a smoke-free policy that meets or exceeds the appiicable provisions of this chapter with respect to the indoor or outdoor areas of the entire premises; (2) Notify ail owners and residents within the common interest complex of the smoke-free policy, includu�g a provision that explains that violations will be treated in the same way as noise pollution or other rules: (3) Post signs at the parking lot entrances that notify owners, residents, their visitors and contractors about the smoke-free policy;and (4) Establish a process for addressing complaints, similar to that used for violations of other homeowner association policies (Ord.No.531 N.S..�3. 7-20-201 I:Ord.No.»3 N.S._�2.11..9-17-�01 1:Ord.No.579 N.S-. l 2(�1)-(Q).7-18-2018) 28-8-Required and implied lease terms for units in multi-unit residences,signage,etc. (a) Required lease terms. Every lease or other agreement for the occupancy of a unit in a new or existing multi-unit residence shali, consistent with provisions of section ?_8-7, inciude all of the following: (A) A clause stating that smoking is prohibited in the unit; (B) A clause stating that it is a material breach of the lease or agreement to 1) violate any law regulating smoking while on the premises; 2)smoke in any unit; 3)smoke in a common area of the premises except in an unenclosed designated smoking area, provided that one lawfully exists pursuant to section 28-5(b); (C) A clause stating that all lawful occupants of ti�e m�tlti-unit residence are express third-party beneficiaries of the above-required clauses. (b) Whether or not a landiord complies with subsection (a) above, the clauses required by that subsection shali be implied and incorporated by law into every agreement to which subsection (a) above applies. (c) A tenant who breaches a smoking or tobacco product use provision of a lease or other agreement or knowingly allows another person to do so shall be liabie to: (1) The landlord;and (2) To any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenanYs breach of smoking or tobacco product use provisions if the landlord has fully complied with the requirements of this chapter. (d) Failure to enforce any smoking or tobacco product use provision of a lease or other agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion. (e) Disclosure of designated smoking area. Every landlord shall maintain a diagram that illustrates the precise location and configuration of any designated smoking area This diagram shaii accompany every new lease,lease renewal,lease extension,or other agreement for the ocaipancy of a unit in a multi-unit residence. (� "No smoking"signs,with letters of no less than one inch in height or the international"No smoking" symboi(consisting of a pictorial representation of a burning cigareite endosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted in the common areas o' multi-unit residences, at every entrance and exit, and on every fioor near an elevator or common stairwell. Such signs shall be maintained by the landiord. The absence of signs shall not be a defense to a violation of any provision of this chapter. (g) This section shall not create additional liability for a landlord for a person's violation of tnis chapter provided that the landlord has fuliy complied with the required disclosure. sign pos6ng and other provisions of this section and section 28-5(b). (h) Failure to enforce any smoking provision required by this section shali not affect the rigM to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itseif. (Ord. No.579 N.S. . $2(A).(R)_7-18-2018) l:ditor's note—579 N.S..�2(A).(R).adoptcd.luly 18.2018.repealed the iixmcr�2�-fi.�nd ent�cted a ne�c�28-8 set out hereii�.The fonner,��'28-5 pertained to smoking not prohibited: � o�vner opti��n to prohibit and dcrived fi�om Ord.No.�31 N.S.. �3. 7-20-201 I:Ord.No.i71. � 2(L)_�-17-2017. 28 9-Other requirements and prohibitions. (a) No person or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person or nonprofit eniity and in which smoking or the use of tobacco products is prohibited by law. (b) No person or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legai or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law,including,without limitation,within a reasonable distance as defined in this chapter from any area in which smoking or the use of tobacco products is prohibited. Noiwithstanding the foregoing, the presence of ash receptacles in violation of this chapter shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter (c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within a reasonable distance as defined in this chapter. (d) Each instance of smoking or the use of tobacco products in violation of this chapter shall constitute a separate violation. For violations other than for smoking or the use of tobacco products in violation of this chapter,each day of a continuing violation of this chapter shall constitute a separate violation. (Ord.No.579 N.S..§2(A).(S).7-18-2018) I',ditor's nut��79 N.S., ,��' 2(A),(R);adopted July 18.201�i.repellcd the �brmer�28-9.an�I cnacted a nc��•�28-9 set out herein.The Cormer�28-9 perlained to dut��of persun.emplo��cr_ business or nonprofit cntit��aud derivec]fi�om Ord.No.531 N.S.. a 3_7-20-201 I. 28 10-Posting of signs. (a) The person,employer,business or non-profit entity with legai or actual control of a buiiding or area where smoking is prohibited by this chapter shall clearly and conspicuously post"No Sinoking"signs at the entrances of every building, as well as in other areas under their control where smoking is prohibited under this chapter. However, where an entire building or premises is non-smoking, only entrances need be signed,provided ihat they are signed to that effect (b) Every tobacco retailer, retail tobacco store, and every vendor of robacco products shail visibly post signage pursuant to Califomia Business and Professions Code Section 22952;or successor sections thereto. which signage shall expressly reference California Penal Code Section 308. or successor sections thereto, at the entrances of any premises subject to regulation under section 28-11 of this chapter and applicable county,state and/or federal law. __ _ _. (c� I�,��Ci�� U�I�ciCCU I�l�IilC,f i'l_'_til�� LU��£1CG0,>101C <illc� ��C�� G7c�U[_u) Iu�lilCu� �.t:�%u� � �h';�I^ formaited:IndenY:Left: 0",Hanging: 03" [ - �..___ _____ ._- —_ ___—___ _.___—__—_.: �,�:�:I ��•:: si�:ia�c ni� sat°� '`l�lti��€r'�d �loh<i��o ;:�IcS uz p�cli�L�w�i_i' l� ��r ��f� �l��bui �.,;��.�(Iic lcticrs o,s�<<i si us sl�ia[1 1� �.i�ie::sE or�:n<•l�•ta�f. I ,�d)_..._._The absence of signs shall not be a defense to a violation of any provision of this chapter Formatted:Underl�ne,Font color.Red (Ord.No.�31 N.S.. t 3.7-20-201 I:Ord.Ao.i71. �2(M).i-17-20U) 28-11-Sale of tobacco products regulated. (a} i�ii'y pefSGii, uusiile56, iGbaccO fei8iief, feiaii iooacco siore. or otner esiaoiisnment subject to tnis chapter shall post plainiy visible signs at each point of purchase of tobacco products that state"THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR BUYING TOBACCO FOR ANYONE UNDER 21 IS $200".The letters on said signs shall be at least one-half inch tall. These signs shall be updated as necessary to conform to any subsequent state or federal req�iirements or amendments to Business and Professions Code section 22952 and/or Penal Code section 308(a) or successor sections thereto. (b) No person, business, tobacco retaiier,or other establishment subject to this chapter shall sell,offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some clear and convincing basis for knowing the buyer's age. (c) Sale of tobacco products at pharmacies is prohibited. All other vendor-assisted sales of tobacco products in the town shall require prior issuance of a conditional use permit pursuant to title iv, chapter 16 (Zoning) of this Code. It shall be unlawful for any person, business, tobacco retailer, or retail tobacco store to seil, permit to be soid,or offer for sale any tobacco product by means of self- service merchandising,or by any means other than vendor-assisted sales. , --- _ ._ _ (d) S�ilc of[�I_n oicd,I.ob i�c��r�xlu�'t�_i�„liti>hibitcel., ;Pormatted:Underline,Font color:Red ,__ __.. __.----,----- _._______ _ ,�e) No person,business,tobacco retailer,retail tobacco store,or other establishment subject to this� ;Formatted:Font color:Red chapter shall locate, Install, keep, maintain or use, or permit the location, installation, keeping, Formatted:lndenr.Left: 0" maintenance or use on his, her or its premises any vending machine for the purpose of selling or � distributing any tobacco product. ,...__ _ _ _ _ , (,t) Any person, business, tobacco retailer, retail tobacco store, owner, n�anager, or operator of any Formatted:Font color.Red ' establishment subject to this chapter that violates any provision of this section shall be deemed guilty ` - --- ---- -- - of a misdemeanor and upon conviction shall be subject to a fine as set forth in Penal Code section 308(a)or successor sections thereto. _ _ _ (Ord.No.531 N.S.,§3_7-20-201 l:Or�l.Nu.�71.� 2(N).j-17-2017_Ord.No 579 N S .�2(I). Formatted:Spariish(Spain) (U).7-18-2018) � ;— -� � '� Field fode Changed ,- _.... 28-12-Enforcement. Formatted:Spanish(Spain) .,_ . _. ,_._ _ . Formatted:Spanish(Spain) :.._.------ ._._.___-- —___._._ ._: (a) The remedies provided by this chapter are cumulative and in addi;ion to any other remedies available at law or in equity. (b) Each incident of smoking or use of tobacco products or other conduc� in violation of this chapter shall be subject to enforcement pursuaM to chapter 31 of this Code. (c) The health department officer shall require. while an establishme�t is undergoing otherwise mandatory inspectfons, certification from the owner. manager. operaor or other person having control of such establishment that all requirements of this chapter have been complied with. (d) Violations of this chapter are subject to a civil action brought by the tov:n, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. (e) Causing, permitting,aiding,abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Any violation of this chapter is hereby declared to be a nuisance. (g) In addition to other remedies provided by this chapter; this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the town attorney.including,but not limited to, administrative or judicial nuisance abatement proceedings. civil or criminal code enforcement proceedings,and suits for injunctive relief. (h) Any person acting for the interests of itself, its members: or the general pubiic(hereinafter"private enforcer")may bring a civil action in any court of competent jurisdiction,including smali ciaims court, to enforce this chapter against any person who has violated this chapter two or inore times. Upon proof of the violations, a court shall grant all appropriate relief, inciuding awarding damages and/or issuing an injunction or a conditional judgment. (i) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the toven. Nothing in this chapter shall create a right of action in any person against the town or its agents to compel public enforcement of this chapter against private parties. Q) The purposes of this chapter are to restrict and/or prohibit smoking and use of tobacco products ior the benefit of the public health, safety and welfare. This chapter establishes no new rights for a person who engages in smoking or the use of tobacco products. Notwithstanding(1)any provision of this chapter or other provisions of this code; (2)any failure by any person to restrict smoking or use of tobacco products under this chapter; or (3) any explicit or implicit provision of this chapter that ailows smoking or use of tobacco products in any place; nothing in this chapter shall be interpreted to limit any person's legal rights to seek redress or recovery of damages under other laws as a result of smoking or use of tobacco products, including,for example,rights in nuisance,trespass, property damage,and personal injury or other legal or equitable principles. (Ord.No.J3] N.S., ,��'3.7-20-2011;Ord.No.579 N.S..�2(A).(V). 7-12i-2018) 28-13 Violations and penalties. (a) It is unlawful for any person or non-profit entity who owns, manages.operates or otherwise controis the use of any premises or areas subject to regulation under sections 28-3, 28-4. 28-5, 28-6, 28-7, 28-8,28-9,28-10,28-11,or 28-14 of this chapter to fail to comply with any of its provisions. (b) It is unlawful for any person to smoke or use tobacco products in any area where smoking or use of tobacco products is prohibited under provisions of this chapter. (c) Any person, non-profit entity, business, retail tobacco store, or owner. manager or operator of any establishment subject to this chapter who violates any provision of this chapter, other than sect:on 28-11, shall be deemed guilty of an infraction and upon conviction shali be subject to payment o`a fine not less than two hundred fifty doliars and not exceeding one thousand doliars per violatfon. (d) Violations of section 28-11 shall be a misdemeanor. (Ord.No. �31 N.S.. $3,7-20-201 l:Ord. No.579 N,S._.�2(n).(\�)- 7-IR-201R) 28-14-Nonretaliation. No person or employer shail discharge,refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter (Ord.No.�31 N.S., �+3.7-20-201 I) 28-15-P�ibiic education. The town manager or his/her designee will engage in a continuing educational program to explain and darify the purposes and requirements of this chapter,as well as a guide to owners,operators and manager�with compliance.However,lack of such education shall he no clefense tn a vinl2t':n.n.�i t.h.is chapter. (Ord.No.J3I N.S.. �i.7-?O-20I I) 28-16 Governmental cooperation. The town manager or his/her designee may annually request other governmental and educational agencies having facilities within the town to establish locai operating procedures in cooperation and compliance with this chapter.This inciudes urging all federal.state,county and school district agencies to update their existing smoking control regulations to be consistent�niith current health findings regarding environmental tobacco smoke. (Ord.No.531 N.S__�;.7-20-201 I) 2E 17-Other applicable laws. It is the intent of the town to supplement applicable state and federal law and not to duplicate or contradict such law,and this chapter shall be construed in a inanner consistent with that intention.This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Ord.No.�31 N.ti_ �;.7-20-201 I) EXHIBIT 2 Chapter 28- SMOIUNG AND TOBACCO REGULATIONSU Sections: Footnotes: ---(4) --- - , ,_ ., , <, , , � - . , � � � ��d�,� a�:u �. � lU 7;,�, , � � , � - _ " _ . , �. .� ; i ,�. F. � ' � - . ; . . i ,. . . . , ;- ...,�, ... . . , r � _. ;li,'. �� : .. ,;�C�'.�[ (1C.iE�I`l. , le� ,0Ii1`Ei �.f; 'r. , , _, � �I i. _ ��. , ' �_> �a. �> ��?�lli�. 28-1 - Findings and purpose. (a) The town council finds that: (1) Numerous scientific studies have found that tobacco smoke is a major contributor to indoor air pollution; (2) Reliable scientific studies, including studies by the Surgeon General of the United States and studies commissioned and assessed by the U.S. Environmental Protection Agency, have shown that breathing sidestream or secondha�d s�oke is a signiiicai�i I�ealih hazard t� nonsrnakers; particularly to children and teens, elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; (3) Health nazards induced by exposure to environmentai tobacco smoke include lung and other forms of cancer, respiratory infection, decreased respiratory function, decreased exercise to�erance, broncho-constriction and broncho-spasm, and that the most common cause of premature death from environmental tobacco smoke is heart disease; (4) Reliable scientific studies assessed by the U.S. Environmental Protection Agency have found that sidestream and secondhand tobacco smoke causes the death of at least fifty-three thousand nonsmokers annually and is a leading cause of premature death and disability among nonsmokers; (5) Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of breathing sidestream or secondhand tobacco smoke may experience a loss of job productivity or may be forced to take periodic sick leave because of adverse reactions to same; (6) Persons, particularly employees, have a right to a smoke-free environment if they desire; (7) Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash stains on merchandise and fixtures cause economic losses to businesses; (8) Substantial scientific evidence exists that the direct use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S ; (9) The National Centers for Disease Control have found that at least four hundred thirty-four thousand Americans die each year from tobacco-caused diseases. The Surgeon General of the u.S. and u.S. uepartment of t-ieaith and Human 5ervices have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent; (10) The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.; (11) The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin; (12) 87.9 percent of nonsmokers showed detectable levels of cotinine (a metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke exposure; (13) There is no Constitutional right to smoke; (14) Secondhand smoke can seep under doorways and through wall cracks and through ventilation systems; (15) State law prohibits smoking in virtually all indoor places of employment reflecting the state policy to protect against the dangers of exposure to secondhand smoke; (16) A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within the common areas of multi-unit residences is not prohibited by state law; (17) California law declares that anything which is injurious to heaith or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance. (18) Californ(a State Department of Education surveyed Marin County Youths in 2016 and 2018 and found an 11-28 percent increase in all age groups with the largest amongst 11'h graders. (19) Vaping products contain highiy addictive nicotine as well as other harmful substances and cartridges contain as much nicotine as a pack of cigarettes per cartridge. (20) Flavored vaping products are designed, flavored and marketed to attract adolescents and frequently these young smokes move to smoking cigarettes. (21) The greatest impact on reducing adolescent vaping would be to prohibit the sale of products within the community thereby reducing access to a dangerous addictive nicotine product. (b) Accordingly, the town council finds and declares that the purposes of this chapter are: (1) To protect public health, safety and general welfare by prohibiting tobacco smoking in certain public places and in places of employment; and (2) To guarantee the right of nonsmokers to breathe air free of toxins from combustion of tobacco, tobacco product, tobacco-Iike product, spices or any other plant or herbal materials to the extent that local regulation of sources of combustion of those materials is allowed by law and to recognize that the need to breathe air free of the toxins produced by smoking has priority over the desire to smoke. (c) The town council further finds it is within its basic police power to implement and enforce the provisions of this chapter. � (Ord. No. 531 N.S., � 3. 7-20-201 1) 28-2 - Definitions. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section: "Bar" means an area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages. "Business" means any sole proprietorship,joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other prof�ssional services are delivered. "Child care facility" means any family day care regulated by Sections 1597.30 through 1597.621 of the California Health and Safety Code (or successor sections thereto) and any day care center for children regulated by Section 1596.90 et seq. of the California Health and Safety Code (or any successor secfion therefo). It does not include foster homes or residential care facilities. °Characterizing Flavor" means�distin�uishlble taste or aroma or both,other than the taste or aroma of � tobacco. imuarted by a Tobacco Product or any bynroduct produccd by tJ�e Tob2�.�:o P��od��ct. Ch�rar_rr��-��„v Flavors include but are i�ot limited to,tastes or aromas related to any fi•�iit,chocolate,vanilla, honEy,clndy cocoa, dessert alcoholic beverage,n�enthol,mint,wiutergree��,herb or spice. A tobacco Product shall not be cletermined to have a Cl�aracterizing Plavor solely because of the use of additives or flavorings or the provision oF ingredient � information. Rather it is the presence of a distinguishable Caste or aroma,or both, as described in the first sentence of this definition,that constitutes a Ch�racterizing Flavor. "Constituent"Any ingredient,substance,chemical,or compound,oCher than tobacco,water,or reconstitutecl tobacco sheet that is added by the manufacturer to a tobacco product dw�ing the processing, manufacCw�e,or pacicing of the tobacco product � "Common area" means every enclosed area and unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls, paths, lobbies, courtyards, elevators; stairs; communi#y rooms, playgrounds, gvm facilities, swimming pools, parking garages, parking lots, restrooms, laundry rooms, cooking areas, and eating areas. "Common interest complex" means a multi-unit residence that is a condominium project, a community apartment project, a stock cooperative, or a planned development as defined by California Civil Code section 4100, or successor sections thereto. "Dining area" means any area, including streets and sidewalks, which is available to or customarily used by the general public, and which is designed, established, or regularly used for consuming food or drink. "Electronic smoking device" means an electronic or battery-operated device that delivers vapors for inhalation. This term shall include every variation and type of such devices whether they are manufactured, distributed, marketed or sold as an electronic cigarette, an electronic cigar, and electronic cigarillo, an electronic pipe, an electronic hookah or any other product name or descriptor. "Employee" means any person who is employed by any employer in consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity. "Employer" means any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more individual persons. "Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical constraint to airflow including, but not limited to, vegetation of any height, whether or not those boundaries include vents or other openings; or (2) Four walls or other vertical constraints to airflow including, but not limited to, vegetation that exceeds six feet in height, whether or not those consiraints include vents or other openings. '`Flavored Tohacco" iT�eans any tobacco product that contains a constituent that imparts a charactei-izinb flavor "Health department" means the County of Marin Health Department. "Landlord" means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that"landlord"does not include sublessors. "Minor" means any individual who is less than eighteen years old. "Multi-unit residence" means, for purposes of this chapter, a premises containing two or more units, including, but not limited to, a common interest complex, except the following specifically excluded types of housing as defined in chapter 16 of this Code: (1) A single-family dwelling, including enclosed areas and unenclosed areas on its premises; (2) A detached two-family dwelling, inciuding enclosed areas and unenclosed areas on its premises; (3) A mobile home park unit, including enclosed and unenclosed areas on its premises. "Nonprofit entity" means any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A public agency is not a "nonprofit entity"for purposes of this chapter. "No smoking sign" means a sign containing the words "No smoking"or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette in a red circle or red heart with a red bar across it). "Opening" means and shall include any main entrances, exits, operable windows, and ventilation intake systems. "Person" means any natural person, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee, or any other legal entity. "Place of employment" means any area under the legal or actual control of an employer that an employee or the general public may have cause to enter in the normal course of operation, regardless of the hours of operation, including, but not limited to, indoor and outdoor work areas, construction sites, vehicles used in employment or for business purposes, taxis, empioyee lounges and restrooms, conference and banquet rooms, employee cafeterias, warehouses, long-term care facilities, and lobbies and hallways. A private residence is not a place of employment unless it is used as a child care or residential health care facility. "Premises" means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage; including legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control. "Public event" means an event open to the public, including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants, parades, fairs and farmers' markets. "Public park" means any parkland open to the pubiic that is owned by the town and is designated "parks and recreation"on the zoning map of the town. "Public place" means any place, publicly or privately owned, which is open to the general public regardless of any fee or age requirement, including, but not limited to: bars, restaurants, clubs, stores, stadiums, parks, playgrounds, taxis. buses, bus shelters, public transportation facilities, hotels and motels, bed and breakfast facilities, fairs, farmers' markets, theaters, sidewalks and streets. "Public place" does not mean within private vehicles in or on public places. "Reasonable distance" means a distance of at least twenty-five feet in any direction from an area in which smoking is prohibited. "Recreational area" means any area that is publicly or privately owned and open to the general public for recreational purposes, regardless of any fee or age requirement. The term "recreational area" includes, but is not limited to, parks open spaces, picnic areas, playgrounds, sports fields, tennis courts, walking paths, gardens, hiking trails, bike paths, riding trails, swimming pools, marinas, and amusement parks. "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, including any associated outdoor eating area, and any other eating establishment which gives or offers for sale food to the public, guests or employees, as well as kitchens in which food is prepared on the premises for s2r�ing elsewhere, including catering facilities. "Retail tobacco store" means a retail store utilized primarily for the sale of tobacco products, tobacco paraphernalia, or smoking products, and in which the sale of other products is merely incidental. "Self-service merchandising" means open display af tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. This includes point-of-sale tobacco promotional products (such as tobacco industry tee shirts, caps, key chains, qive-aways): to which the public has access without the assistance nf an emnlnvPP. A vending machine is a form of self-service displays. "Service area" means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or receive a service or make a transaction, whether or not such service or transaction involves the exchange of money. The term "service area" includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, transit shelters, ferry terminals, mobile vendor lines, or taxi cab stands. "Smoking" means engaging in an act that produces gas, particles, vapor or smoke by means of combustion, electrical ignition or vaporization, where the apparent or usual purpose of said act is the human inhalation of the byproducts. "Smoking"does not include acts where(a)the combustion or vaporization material contains no tobacco or nicotine and (b) the purpose is solely olfactory, such as producing smoke from incense. "Smoking" does include the use of a lighted pipe, lighted cigar or lighted cigarette, lighted hookah, electronic smoking device or other device of any kind containing tobacco, tobacco product, tobacco-like product, marijuana, spices, or any other plant or herbal materials to the extent that local regulation of such lighted device, product or material is allowed by law. "Tobacco paraphernali�" means cigarette oapers or v.�rappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco, marijuana, or other similar products. "Tobacco product" means: (1) Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and (2) Any electronic smoking device. (3) Notwithstanding any provision of subsections (1) and (2) to the contrary, "tobacco product" includes any component, part, or accessory of a tobacco product, whether or not sold separately. "Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. "Tobacco retailer" means any person who selis, offers for sale. or does or offers to exchange for any form of consideration, tobacco, tobacco products, tobacco paraphernalia, or smoking products within the corporate limits of the Town of Tiburon. "Tobacco retailing"shall mean the doing of any of the above. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. "Tobacco vending machine" means any machine, appliance, or other mechanical device operated by �iirran�v tnkF?n rlahit carrl rrarlit rarrl nr arni r�Phcr Fnrm nf na�imant ihai io rloc�nnori ., ��oorl fl,r� .,.��n„ __..._.._„ _ _ ___.. __. ..._.. ..�. , . u ,� ,,.,,.., ,.,,,,, ., Nuy,,,..,,, ,,,... ,,, u,.��y� .,u .,� u.,.,u �� ,,..��u� �y purposes, including, but not limited to,�machines or devices that use remote control locking mechanisms. "Town" means the Town of Tiburon. "Town manager" means the Town Manager of the Town of Tiburon, or his or her designee. "Town open space" means any open space land or easement owned by the town and designated as "open space"on the zoning map of the town. "Unenclosed area" means any area that is not an 'enclosed area', as that term is defined in this section. "Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio. "Unit" includes, but is not limited to, an apartment; an attached two-family dwel�ing; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single-room occupancy (SRO) facility; a room in a homeless shelter; a mobile home; a camper vehicle or tent; a single-family dwelling; and an accessory dwelling unit or guest house appurtenant to a single-family dwelling. "Vendor-assisted" means only a store employee has access to the tobacco product and assists the customer by supplying the product. The customer does not take possession of the product until it is purchased. (Orci. No. 531 N.S., ti 3, 7-20-201 l; Ord. No. 553 N.S., S 2.1(A), (B), 9-17-2014; Ord. No. 571 N s . S 2�a�—�H�, s-��-20��; ora. No. 5�s N.s. , § 2(B)—(M), �-�g-zo�s� 28-3 -Smoking and tobacco product use prohibited in town-owned facilities and town vehicles. Smoking and use of tobacco products is prohibited in all town-owned, town-leased, and town- operated vehicles, including jitneys and buses and other means of public transit under the authority of the town, and in all enclosed residential and non-residential facilities, buildings, or structures owned, leased, occupied and/or controlled by the town. (Ord. No. 531 N.S., � 3, 7-20-2011; Ord. No. 571; § 2(I), 5-17-2017; Ord. No. 579 N.S. , � 2(A), (N), 7-18-2018) 28-4- Prohibition of smoking and tobacco product use in enclosed areas. (a) Smoking and the use of tobacco products are prohibited in the enclosed areas of the following places within the town: (1) Public places; and (2) Multi-unit residences and common areas; and (3) Dining areas; and (4) Service areas. (b) Smoking and the use of tobacco products are prohibited in all other enclosed areas except as provided below: (1) Inside private vehicles when no minors are present; (2) Inside private single-family dwellings, except when used as a child care facility or a health care facility; (3) Inside detached accessory structures appurtenant to private single-family dwellings, including accessory dwelling units; (4) Inside private detached two-family dwellings and detached accessory structures appurtenant thereto; (5) Inside retail tobacco stores, only if: (A) The retail tobacco store does not sell edible products, including, for example, food, water, or drinks, and does not allow such products to be consumed on the premises; and (B) The retail tobacco store prohibits minors from entering the store at all times. (6) Inside an enclosed place of employment that employs only the owner and no other employees or any other independent contractors routinely spending time performing work in the enclosed areas, provided that: (A) The place of employment is not a pub�ic place, and (B) The enclosed area containing the place of employment does not share a ventilation syst2m wi#h any other enr_.InsPrl nlar.P nf gm�ln�impnt pr rniihlir rn,lara. (Ord. No. 531 N.S., � 3, 7-20-201 l; Ord. No. 579 N.S. , S 2(A), (0), 7-18-2018) 28-5 - Prohibition of smoking and tobacco product use in unenclosed areas; exception for designated smoking areas. (a) Smoking and the use of tobacco products are prohibited in the unenclosed areas of the following places within the town: (1) Recreational areas; ; (2) Service areas; (3) Public places, including streets and sidewalks open to the public; (4) Dining areas; (5) Bars; (6) Common areas of multi-unit residences. (b) Notwithstanding subsection (a) above, multi-unit residences, places of employment, town-owned or controlled public places, and public events may designate an unenclosed area where smoking or use of tobacco products is permitted if the area meets all of the following criteria: (1) The area is located a reasonable distance, as defined in this chapter, from any unit or enclosed area where smoking is prohibited by this chapter or other law; by binding agreement relating to the ownership, occupancy, or use of real property; or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on nearby premises are established; (2) The area does not include, and is at least one hundred feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, swimming pools, and school campuses; (3) The area includes no more than twenty-five percent of the total unenclosed area of a multi-unit residence if located within the premises of a multi-unit residence; (4) The area has a clearly marked perimeter; (5) The area is identified by conspicuous signs; (6) The area is completely within an unenclosed area; and (7) The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law (c) Nothing in this section prohibits any person or nonprofit entity with legal control over any property from prohibiting smoking and tobacco product use on any part of such property, even if smoking or the use ofi tobacco products is not otherwise prohibited in that area. (Ord. No. 531 N.S., § 3, 7-20-201 l; Ord. No. 571. 5 2(J), (I<), 5-17-2017; Ord. No. 579 N.S. ; � 2(A); (P). 7-18-2018) 28-6-Smoking regulated in places of employment. (a) Each employer having an enclosed place of employment located within the town shall adopt, implement, make known and maintain a written smoking policy that shall contain the following requirements: Smoking is prohibited in all enclosed facilities within a place of employment without exception. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, nonpersonal vehicles and all other enclosed facilities. (b) The smoking policy shall be communicated to all employees within thirty days of its adoption, and at least annually thereafter. (c) All employers shall comply with these nonsmoking provisions and shall be responsible for their implementation in their places of employment. (d) "No Smoking" signs shall be conspicuously posted at building entrances and in employee lounges, cafeterias and lunchrooms. (e) All employers shall supply a written copy of the smoking policy to any existing or prospective employee. (f) Places of employment exempt from the prohibition on smoking in other sections of this chapter shall also be exempt from this section. (Ord. No. 531 N.S., � 3, 7-20-2011) 28-7-Smoking restrictions for new and existing units of multi-unit residences; responsibilities of homeowner association in common interest complexes. (a) With respect to all existing units of multi-unit residences in which smoking was not prohibited by this chapter prior to August 17, 2018, said units shall become subject to the provisions of this chapter sixty days following August 17, 2018. (b) Notwithstanding subsection (a) above to the contrary, each and every unit of a multi-unit residence, the occupancy of which becomes available for the first time on or after August 17, 2018, shall be subject to and controlled by this chapter. (c) The homeowners association, or its duly-appointed management agent, for each common interest complex subject to this chapter shall, within sixty days of August 17, 2018: (1) Establish a smoke-free policy that meets or exceeds the applicable provisions of this chapter with respect to the indoor or outdoor areas of the entire premises; (2) Notify all owners and residents within the common interest complex of the smoke-free policy, including a provision that explains that violations will be treated in the same way as noise pollution or other rules; (3) Post signs at the parking lot entrances that notify owners, residents, their visitors and contractors about the smoke-free policy; and (4) Establish a process for addressing complaints, similar to that used for violations of other homeowner association policies. (Ord. No. 531 N.S., � 3; 7-20-201 1; Ord. No. 553 N.S.. � 2.11., 9-17-2014; Ord. No. 579 N.S. , S 2(A), (Q), 7-18-2018) 28-8- Required and implied lease terms for units in multi-unit residences, signage, etc. (a) Required lease terms. Every lease or other agreement for the occupancy of a unit in a new or existing multi-unit residence shall, consistent with provisions of section 28-7, include all of the following: (A) A clause stating that smoking is prohibited in the unit; (B) A clause stating that it is a material breach of the lease or agreement to 1) violate any law regulating smoking while on the premises; 2) smoke in any unit; 3) smoke in a common area of the premises except in an unenclosed designated smoking area, provided that one lawfully exists pursuant to section 28-5(b); (C) A clause stating that all lawful occupants of the multi-unit residence are express third-party beneficiaries of the above-required clauses. (b) Whether or not a landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (a) above applies. (c) A tenant who breaches a smoking or tobacco product use provision of a lease or other agreement or knowingly allows anoth�r p�rson to do so shall be liable to: (1) The landlord; and (2) To any lawful occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shal� not be liable to any person for a tenanYs breach of smoking or tobacco product use provisions if the landlord has fully complied with the requirements of this chapter. (d) Failure to enforce any smoking or tobacco product use provision of a lease or other agreement on one or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion. (e) Disclosure of designated smoking area. Every landlord shall maintain a diagram that illustrates the precise location and configuration of any designated smoking area. This diagram shali accompany every new lease, lease renewal, lease extension, or other agreement for the occupancy of a unit in a multi-unit residence. (f) "No smoking" signs, with letters of no less than one inch in height or the international "No smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly and conspicuously posted in the common areas of multi-unit residences, at every entrance and exit, and on every floor near an elevator or common stairwell. Such signs shall be maintained by the landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter. (g) This section shall not create additional liability for a landlord for a person's violation of this chapter provided that the landlord has fully complied with the required disclosure, sign posting, and other provisions of this section and section 28-5(b). (h) Failure to enforce any smoking provision required by this section shall not affect the right to enforce 5uci� provision in tne iuture, nor snaii a waiver or any breach constitute a waiver of any subsequent breach or a waiver of the provision itself. ( Ord. No. 579 N.S. , ti 2(A), (R), 7-18-2018) �ditor's note— 579 N.S., ti 2(A), (R), adopted July 18, 2018. repealed the former � 28-8, and enacted a new 5 28-8 set out herein. The �formcr � 28-8 pertaii�ed to smol<inb not prohibited; owner option to prohibit and derived fi�om Orcl. No. 531 N.S., 5 3, 7-20-201 l; Ord. No. 571, � 2(L), 5-17-2017. 28-9 -Other requirements and prohibitions. (a) No person or nonprofit entity shall knowingly permit smoking or the use of tobacco products in an area which is under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law. (b) No person or nonprofit entity shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of that person or nonprofit entity and in which smoking or the use of tobacco products is prohibited by law, including, without limitation, within a reasonable distance as defined in this chapter from any area in which smoking or the use of tobacco products is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this chapter shall not be a defense to a charge of smoking or the use of tobacco products in violation of any provision of this chapter. (c) No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking or tobacco product use is prohibited, including within a reasonable distance as defined in this chapter. (d) Each instance of smoking or the use of tobacco products in violation of this chapter shall constitute a separate violation. For violations other than for smoking or the use of tobacco products in violation of this chapter, each day of a continuing violation of this chapter shall constitute a separate violation. ( Ord. No. 579 N.S. , § 2(A), (S), 7-18-2018) �ditor's note— 579 N.S., � 2(A), (R), adopted July l 8, 2018, repealed the former � 28-9, a��d enacted a new S 28-9 set out herein. The fiori��er � 28-9 pertained to duty of person, employer, business or i�on}�rofit entity a��d derived froi�� Ord. No. 531 N.S., § 3, 7-20-201 1. 28-10- Posting of signs. (a) The person, employer, business or non-profit entity with legal or actual control of a building or area where smoking is prohibited by this chapter shall clearly and conspicuously post "No Smoking" signs at the entrances of every buiiding, as well as in other areas under their control where smoking is prohibited under this chapter. However, where an entire building or premises is non-smoking, only entrances need be signed, provided that they are signed to that effect. (b) Every tobacco retailer, retail tobacco store, and every vendor of tobacco products shall visibly post signage pursuant to California Business and Professions Code Section 22952, or successor sections thereto, which signage shal� expressly reference California Penal Code Section 308, or successor sections thereto, at the entrances of any premises subject to regulation under section 28-11 of this chapter and applicable county, state and/or federal law. (c ) Every tobacco retailer. retail tobacco store, and eve�y vei�doi- oi� tobacco products shall visibly post si��i�a<�e that says `'Flavored �Tobacco sales are prohibited in the Towi� of Tiburon''. The ]ctters on said sibns shall be at least one ii�ch tall. (d) The absence of signs shall not be a defense to a violation of any provision of this chapter. (Ord.,No. 531 N.S., � 3, 7-20-201 I; Ord. No. 57 I, ti 2(M), 5-17-2017) 28-11 -Sale of tobacco products regulated. (a) Any person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall post plainly visible signs at each point of purchase of tobacco products that state "THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER 21 YEARS OF AGE IS PROHIBITED BY LAW. PHOTO ID REQUIRED. THE FINE FOR BUYING TOBACCO FOR ANYONE UNDER 21 IS $200". The letters on said signs shall be at least one-half inch tall. These signs shall be updated as necessary to conform to any subsequent state or federal requirements or amendments to Business and Nrotessions C;ocie section 22952 and/or Penal Code section 308(a) or successor sections thereto. (b) No person, business, tobacco retailer, or other establishment subject to this chapter shall sell, offer to sell, or permit to be sold any tobacco product to an individual without requesting and examining identification establishing the purchaser's age as twenty-one years or greater unless the seller has some clear and convincing basis for knowing the buyer's age. (c) Sale of tobacco products at pharmacies is prohibited. All other vendor-assisted sales of tobacco products in the town shali require prior issuance of a conditional use permit pursuant to title iv, chapter 16 (Zoning) of this Code. It shall be unlawful for any person, business, tobacco retailer, or retail tobacco store to sell, permit to be sold, or offer for sale any tobacco product by means of self- service merchandising, or by any means other than vendor-assisted sales. � (d) Sale of Flavored Tobacco products is prohibited. (e) No person, business, tobacco retailer, retail tobacco store, or other establishment subject to this chapter shall locate, install, keep, mainiain or use, or permit the iocation, instaliation, keeping, maintenance or use on his, her or its premises any vending machine for the purpose of selling or distributing any tobacco product. (� Any person, business, tobacco retailer, retail tobacco store, owner, manager, or operator of any establishment subject to this chapter that violates any provision of this section shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine as set forth in Penal Code section 308(a) or successor sections thereto. (Ord. No. 53l N.S., § 3, 7-20-201 1; Ord. No. 571. � 2(N). 5-I 7-2017; Ord. No. 579 N.S. , �S 2(T), � (U), 7-18-2018) 28-12 - Enforcement. (a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Each incident of smoking or use of tobacco products or other conduct in violation of this chapter shall be subject to enforcement pursuant to chapter 31 of this Code. (c) The health department officer shall require, while an establishment is underqoinq otherwise mandatory inspections, certification from the owner, manager, operator or other person having control of such establishment that all requirements of this chapter have been complied with. (d) Violations of this chapter are subject to a civil action brought by the town, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Any violation of this chapter is hereby declared to be a nuisance. (g) In addition to other remedies provided by this chapter, this code, or by other law, any violation of this chapter may be remedied by a civil action brought by the town attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. (h) Any person acting for the interests of itself, its members, or the general public (hereinafter "private enforcer") may bring a civil action in any court of competent jurisdiction, including small claims court, to enforce this chapter against any person who has violated this chapter two or more times. Upon proof of the violations, a court shall grant all appropriate relief, including awarding damages and/or issuing an injunction or a conditional judgment. (i) Except as otherwise provided, enforcement of this chapter is at the sole discretion of the town. Nothing in this chapter shall create a right of action in any person against the town or its agents to compel public enforcement of this chapter against private parties. (j) The purposes of this chapter are to restrict and/or prohibit smoking and use of tobacco products for the benefit of the public health, safety and welfare. This chapter establishes no new rights for a person who engages in smoking or the use of tobacco products. Notwithstanding (1) any provision of this chapter or other provisions of this code; (2) any failure by any person to restrict smoking or use of tobacco products under this chapter; or (3) any explicit or implicit provision of this chapter that allows smoking or use of tobacco products in any place; nothing in this chapter shall be interpreted to limit any person's legal rights to seek redress or recovery of damages under other laws as a result of smoking or use of tobacco products, including, for example, rights in nuisance, trespass; property damage, and personal injury or other legal or equitable principles. (Ord. No. 531 N.S., � 3, 7-20-2011; Ord. No. 579 N.S. _ � 2(A), (V), 7-18-201b) 28-13 -Violations and penalties. (a) It is unlawful for any person or non-profit entity who owns, manages, operates or otherwise controls the use of any premises or areas subject to regulation under sections 28-3, 28-4, 28-5, 28-6, 28-7, 28-8, 28-9. 28-10, 28-11, or 28-14 of this chapter to fail to comply with any of its provisions. (b) It is unlawful for any person to smoke or use tobacco products in any area where smoking or use of tobacco products is prohibited under provisions of this chapter. (c) Any person; non-profit entity, business, retail tobacco store, or owner, manager or operator of any establishment subject to this chapter who violates any provision of this chapter, other than section 28-11, shall be deemed guilty of an infraction and upon conviction shall be subject to payment of a fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. (d) Violations of section 28-11 shall be a misdemeanor. (Orcl. No. 531 N.S., �S 3, 7-20-2011; Ord. No. 579 N.S. , � 2(A). (W). 7-I 5-201 S) 28-14- Nonretaliation. No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this chapter. (Ord. No. 531 N.S., S 3, 7-20-201 1) 28-15 - Public education. The town manager or his/her designee will engage in a continuing educationai program to explain and ciarify the purposes anci requirements of this chapter, as well as a guide to owners, operators and managers with compliance. However, lack of such education shall be no defense to a violation of this chapter. (Ol-d. No. S31 N.S., 5 3, 7-20-20 I I) 28-16-Governmental cooperation. The town manager or his/her designee may annually request other governmental and educational agencies having facilities within the town to establish local operating procedures in cooperation and compliance with this chapter. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with current health findings regarding environmental tobacco smoke. : (Ord. No. 531 N.S.; � 3, 7-20-201 I) 28-17-Other applicable laws. It is the intent of the town to supplement applicable state and federal law and not to duplicate or contradict such law, and this chapter shall be construed in a manner consistent with that intention. This ' chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. (Or�d. No. 531 N.S., § 3, 7-20-201 1) Town Cou��cil Meetin� Z'OWN OF TIBUROI\r September 2, 2020 �� 1505 ��iburon Boulevard Agenda Item: CC-3 � � Tiburon. CA 94920 . �.. . � � . To: Mayor and Mei7�bers ofthe To��n Council From: Department of Public Works Subjeet: Authorize t�he Town Ma��ager•to Sub��it Applicatioi� for the Active Transpoi-tation P�•o5ram Grints for tl�e Trestic Glen Boule��ard Class II Bilceway Pro,ject ,, �Reviewed By: '�N ,%f��l y`�`i,r� � r��-�� Grea Cha��is,Town Mana 7er Benjamin Stock.To��n Attorne� S�UMMARY The St�te of California issued a call for Projects for Cycle 5 al�the Active Transportation Progra�� (ATP) Gr�nts. Cycle 5 of the ATP provides State and Federal grant funding for active transporCatiol�projects � � during Piscal Yeai•s 2020/2021 througl�2024/2025. Town Statf worked with the Aarks, Open Space, Trails Co�nmittee to select tl�e Trestle Glen Boulevard Class II Bike�vay Project for application to Cycle � 5 of the ATP. Appl ications are due by September 1�, 2020. R�COMMENDED ACTION(S) � � Staff recommends that tt�e Town Council Authorize the Town Manage�-to Submit Application for the Active Transportation Program Grants for the Trestle Glen I3oulevard Class II Bilce�vay � Pro'ect. BACKG120UND The Active Transpo�-�ation Program (ATP) }�rovides State ai�d }=ederal �;rant f�inding to Projects that enco�n�age increased use of active i��odes ol�transportation such as wall<ii�� and bicycling. A call for pi-ojects was issued on March 25, 2020. and the deaciline f�or applicati��ns is September 15, 2020. There are currently two calls for ATP �rant applications one statewide call issued by the California Transportatio» Commission (CTC)_ and one re��ion�l call iss�ied by the Metropolitai� 'Tra��sportation Commission (MTC). The To�-vn can apply tor both fundin�� programs. T'his is Cycle 5 of the ATP grant probram a��d it will fund projects tor tiscal year� 202]/2022 t}�rough 20?4/2025. There is $220 ��illion available froi�� the state�.�ide nTP ��rant, and $37 i��illion available from the re�ional ATP grant. The statewide prog��am has a minii��um request size oi�$250_000 ai�d does i�ot require any local matching funds. The re;io��a) pl-ogram has a i��inimum request amount of$250,000 and requires 1 I.47% local match. To�v� or'TiaLaon� P.aGE 1 or 2 '\��. � , .�._, .. Septe��ber 2; 2020 �� ANALYSIS � Staff reviewed the 2016 Bicycle and Pedestrian Master Plan and recei�t su�;estions from residents, and pi�esenteel tti��o possible brani applications to ihe Parl<s, Open Space, and Trails Committee (POST). "T�he addition of Class II bicycle lanes on Trestle Gle�� Qoulevard, or combine multiple smaller projects into a Tow��wide Bicycle and Pedestrian Imp�-oveir�ents � Project. The staff report from the .luly 21, 2020 POST meetinb is included as Exhibit 1. The POST committee recommended that statf prepare and s��bmit an application for the Trestle Glen � Boulevard Class I1 Bil<eway Project. � Exhibit 2 to this staff'report incl�ides photos of the existinb site coi�ditions, a site location map, preliminary project diagrams, and proposed roadway cross sections. The 1'roject i��cludes the following elements: • Eleven-foot vehicle travel lane and tive-�foot bicycle lane on Trestle Glen F3o�ilevard in each direction fi�om Tiburon Bo�il�vard (I-Iighway 131) to Paradise Drive. � • Separ-ate pedestrian path aloi�g north side (westboui�d) Trestle Glen Boulevard fi-om Shepherd Way to Mercury Avenue/Tib�u-on Bo�ilevard. � • Retaining wall along south side (eastbound) Trestle Glen Boulevard to allow foi- pavement widenin; within existing Towi� ri�ht ofway. �, � Extend existinb box culvert to afiow for pavernent wideninb. � • Slope stabilization alon� north side (wcstbound) Trestle Glei� Boulevard to support the roadway. At this point i�� time the engineer's estii��ate is still draft, and the total project cost is estimated to be app�-oximately $2,000.000. FINANCIAL IMPACT If the T�own receives a grant� a�-vard, the Town ��ould need to provide a local match of 1 1.47% of project costs from local funds ($230,000). The town maintains a n�imber of reserve fui�ds that �� could be �itilized to provide the required match funding including: State Gas Tax, Measure A Transpoi-tatioi� Sales Tax. or the Gei�eral Fund Str�ets Reserve Fund. If the Town receives the grant, Staff wiil bring the grant a�rreement alon�_ with proposed project funding and budbeting to Council for approval at a future mectin�7. �NVIRONM�NTAL R�VI�W A��t�horizinb tl�e ��rant application is not a Project for the purposes of Califor��ia Environmental Quality Act (CEQA). If the ��rant is a��arded and tl�e Towi� proceeds with the Project, a CEQA evaluatio�� and determination ��vill be performed as }�a�-t ofthe project delive�y. RECOMMENllATION � Staff i-ecom��ends that the To�m Co�incil authorize the Town Manaber to submit applications �for � ATP brants for th� Trestic Glen Boulevard Clas� I1 Bil<e�vay P►-o,ject. � Fxhibit(s): l. July 21, ?0?0 POS�� Nleetin�Staff Report 2. Site Photos and Preliminary Pri�ject Diagrams � Prepared By: Steven Palmer, Director of Publi� ��iorks/Town Eneineer To�a�� or T�HURo� � Y;�cl�:2 or 2 EXHIBIT 1 POST Commissio�� TOWN OF TIBURON Re��ular Meeting ,,, � .��iy zi, zozo I505 Tib�u�on Boulevard �lbenda lt�em: AI-2 � � "l�iburon. CA 94920 . � . � , . To: Members ofthe Parl<s Open Space and 7�rails Commission � From: Department of Pliblic Worlcs � Subject: Active Transportation Grant Application Reviewecl Iiy: NA Greg Chanis,Town A1ana�er Benjamin Stock,Town ATtori�ey SUMMARY Staff presentation on Active Transportation Progeam (ATP) Grant f��nding oppoi-tunity, potential projects, and POST discussion and recommendation for pi•ioritizing projects for grant applicatio��. � RECOMMENDI:D ACTION(S) The POST Commission review and �rovide its comments and recommendations for prioritizing projects �t�or•A"I�'P brant appiication. � � � �� BACKGI20UND The Aetive Transportation Program (ATP) is a competitive grant p�-ogr�m cre�ted to encoura��e use of active modes o�f trinsport��tion, such as bil<ing and wall<ing. The detailed pro�ram buidelines identify the following �oals foe the ATP: • Increase the pro�ortio�� ol�trips accomplished by bilcinb and wall<inb. • Increase the safety and mobility for nonmotorized users. • Advance the active h�ansportation effoi-ts of regional agencies to achieve breenhouse gas � i-eduction goals. • E��hance public I�ealth, includin� reduetion of childhood obesity throubh the use of pro��r�ims includinb, but not limitcd to, projects eligible for Safe Routes to School Program tundin��. • Ei�surc that disadvantaged comm�inities fully shai•e in the benefits of the pi-ogram. � • Provide a b��oad spectrum o'Pprojects to benetit many types ofactive tra»sportation users. � There are curi�ei�tly t��-o calls for ATP grant applications; one statewide call issued by the , California l ransportation C'ommission (CTC), 1nd one regional call iss�ied by the Metropolitan Transportatio�� Commission (MTC). The Town can apply for both funding pro;rams. � This is Cycle 5 of the ATP ��rant pro��ram and it will fund projects for tiscal years 2021/2022 th��ough 2024/2025. "l�here is $220 million available fi-om the statewide ATP grant, and $37 � TOWN OF TIBURON PAGG 1 OF 3 million available �t-rom the re��ional A�TP «i�ai�t. Applications to both pi•ograms are due by Septembel- 15, 2020. The statewide program i�as a mii�imui�> >-equest size oi`$250,000 and does not require any local i��atchii�b fimds. The regio��al program has a i�iii�imum request� amount of$250,000 and requires 1 1.47°/o local ��atch. ANALYSIS Staff reviewed the 2016 Bicycle and Pedestrian Master Plan and rece��t sugbestions fi�om residents ai�d developed t�-vo possible <rrant applications. One possible grai�t application is for the addition of Class II bicycle lanes on Trestle Glei� Boulevard (Cxhibit 1). Accordi��g to the 2016 Bicycle and Pedestrian Master Pla�� this Project is estimated to cost over$2_000,000. "I,he local i��atch requireme��t fi�oir► the Tow�1 wo�ild be $230,000. Anotl�er possible �rant application is to co��bii�e multiple smaller projects into a Townwide Bicycle and Pedestl�ian Improvem�nts Proiect. Staff proposes to inciude the following list of iu�provements fi�om the 2016 Bicycle and Pedestrian Master Plan ai�d recent �•esident suggestions, which are on existii�g Town ri��ht of way or require minimal off site improvements. Project ID Location llescri tion P10 Moitoza Lane— Es�eranza Wa to Vistazo West Im rove dirt atl� P12 Las Loi»as Trail — Las 1_.omas La�1e at Cei�tro Improve dirt tf-ail West Street B3 Greenwood Beach Road —��own lin�it to Blacl<ies Construct Class III Bikewa BS Tiburon Boulevard at Mar West Street Improve transition fi-om Class I to Class II B6 Paradise Drive Construct Class II1 Bil<eway P-- Pine Terrace Construct pedestrian co��nection fi•om Pine Terrace to O(d Rail Trail The Projects are shown on the map included in Exhibit 2. Staff is seel<in�� projcct' sug�estions ti-om POST, as �a�ell as POST input re;ardinb the priority of projects for application to the A`1�P ��rai�t programs. Followinb this action by POST. Staff�-vill prepare a �rai�t application to be presented to Town Council for approval before submittin�� the ��rant applicatio��. FINANCIAL IMPACT lf the Town receives a grant a��ard_ the To��m would need to provide a local match of 11.47%of project costs from local funds. To�� or T�r�t ao� P�cf�.2 or 3 I;NVIRONMENTAL I2�VIEW A California Environment�al Q�iality Act (CEQA) determination has not been m��cic at this time and �-vill be pei�forn�ed as part oftLe pi•oject delivery ifa b►•u��t is a�va;ded. R�COMNI�NDATION "i�he POST Commission review and provide its comments and recommendations for prioritizing projects for ATP grant application. � E�hibit(s): Exhibit ! —Trestle Glenn Bil<e�n�ay Improvements Exhibit 2—Townwide E3icycle and Pedestrian Improvements Prepared By: Steven Palmer, PE,Director of Public Works/Town E��ineer To�� or'C�iH��Eio�� Y-��r 3 or�3 EXHIBIT 1-TRESTLE GLEN BOULEVARD BIKEWAY �� z� �� .�� , �� $� �T�� , � �� , ., � � �� . _ \��-a\ ' a 1.� ��' i��..� �� `e�� ` �� . t�� .' r. , �� v ` 3� s,�� .f�s� .� m 6��%� � �. �� '. t. � � � "��.��✓ � � � �^` � �a, �'��a ,�. 4 �, � ��"z�,� �< g„+� , � s.� � � � �� 7��,�' ', � �w � d . w � . a � � ; � a � � i ao � ; .� Q� ksa a^f��la�r � �� ,,,� ��. / �r- �+ £� s� �p � ' � � � �, � � � � +�"� 'i _ ��. ,/°�vA . � �'.�� K�`. 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' . . 5 ,a r n J G �;, � � � � . � � y � `\C :� . . ... �. � V y �, ` p � , C � .� \ � , .. ' •.� / , \�� N \ � � ..` I __ ._ _,__ �. '�a' - __—_ \ � � � 1 . � � � ._,_ ._. .�.,,..� .�� —.. __ � _ . � ��. , ... � r,. .... ' r„ � . . � .._ __� "_� • . ��. ; ....�-- . . _— ,� �1 ��, � ,� �_ .. _ . x ,, .. _ i� �� . " t -.� . � . .. ' _ , _. _... , � .: .��. � . . 1 � . � �� u�� i �< ,\ _ '-".z""_.`._ ' t / 4 .a� ,� �, ; , �^ _�..---^="�-"'"�o __ � \. } '' 1-=�"`,,. _ /�1�3 - _�___,_ ,- <~ , , �- -J �.Y�,,,,3`--.:::- - - ;: __ � �. o `.� � �.�.Y„�.,,,� .: r__ _ : � . ,�.=�� ., ` ` � ,. . � _�. �� K ��^- : . ��`...,."".--" . � .��, r . .. \ O. \ � �"�+ 3' �x,.4"l _.,A y _ � - � �� . ' ''. G � ' C rv �,, ., rv r.�n�,.� 4 e C _ — . . � , � . ` • �p � ` ,�,u' k'" ..�i �@ � "'�.`""•,. G '�� - , . � � ' ..�' . .� _ � . _,,..._ � �:� . � ��..� - \ �,,, N � � \ , . � � . . �.. '� ;� ` = TRESTL��I�EN BL1(C3 �� ,.,° .\ R� � . ,=z; � , � : �..��, � , �, � �� ,- . ; � ;. �_�� ;.� � _ . , � , �-- - --- � .,_. i _ --___ _ --- � - - - -_- _ _ -__.._ ____ i � ----� � . : -- _ I � .� --I i � � � . , � x� , �, � � � �� - , . � , z � �., �, �� I ,; .�-,.� �,., �.:� ��.�.:, �_ „� I 0 _ _ - -- -- -- — �P ��, ; Q � �«. � � � ��_� � �_ ; _ � � ' �\ aw�sLro ,.x _ . . � � C� i .�.�� . . ` . � .. � �� YrNi,,Ya.i.� i� -'• I. . I �\ I 0 —� . . .. �� j: I IC�` � i z ; �, Q ,. ,.I : : :�. � .�, i ur)�Ew:Ni + ' '_ - � I , � J i z .al " "' SECTION C-C -�. , ' _ _-- '_ — i = � Q _ . .------- .... . � � I � SECTION E-E � m O . r— � rn j U` z ; d I �wn � O � ¢ � �� .,.;. .». �� __ _._ - - ---- _ . , � � Z � " w � I � � Q , �: .�,� .�� o �, - . I W , w „ _' __ ______. � � ' � �� — � � I -I � Y i m ; ` =` + I ---- - "' .`. /� � _ ��. � ,-, .> � _ � �: � __.-: .. � � G� >i �EGEND �',, Q � � 'I '�. i � �,, ' � � ., .. .., '�' U .. , .., , � ., ..., � _. � , � .< <��N ,_,., �. ��. � �J � _ . ,, � ._ _._ _ ..,,:,:: .,:,:: . SECTION D D �--_'_l .�.. . _.. .,,..... � ,N�,.o.c . �, _ 2 Of 2 Town Council Mectin� TOWN OF TIBURON September 2, 2020 ��' 1505 Tiburon Bo��levard Age��da Item: f�l-1 � "l,iburon. CA 94920 . -.-;..-- . � � . To: Mayor and Me��bei•s of the Town Co��ncil Fr-om: Department of Adminish-ative Services Subject: Coi�sider Appointment to the Belvedere-Tiburon Disaster Advisoiy Council � Revie��-ed By: r��,;�� y��✓'° �r,>� , �•_-- �� Gre�Chanis.Town Mai�aQer Benjai��in Stock,Town Attorne�- SUMMARY The Co�mcil will consider one appointment to tl�e Belvedere-Tibin•on Disaster Adviso��y Council. RECOMM�NDED ACTION(S) 1. Gonsider mal<ing one appointment to tl�e Belvecjere-Tiburon Disaster Advisory Council; or 2. Continue the item and clirect staff to continue to accept applications for one or both vac.ancies anci scheclule interviews at an i� comin Town Cot�nci) meetin . BACKGROUNI) The E3elvedere-"l�ib�n-on Disaster Adviso�y Council currently has oi�e vacai�cy. Advisory Council member Ellen Rony subn�itted her resignation (�xhibit 1) ii� ,Iai�uary. She indicated she would stay on tl�e Advisorv Co�n�cil through the su��i��e►� until a suitable replacement is found. "�l,he "1-o�vn Council annoimced this special vacancy (T.xhibit 2) at their May 20. 2020 meetii�g, a��d staff accepted applicatioi�s foi-the seat until Jlu�e 19; 2020. "The Co�ii�cil has interviewed both applicants: Christopher M�n-phy and David Barl<er. Their applications are attached as �xhibits 3 and �4. � ANALYSIS No further analysis provided. FINANCIAL IMPACT Staff anticipates no dircct fiscal impact to the Town. � ENVIRONMI?NTAL REVIEW To��n� or Tia��ao�� Ync� l or 2 Staff has preliminarily determined that adoption of this item is stltutorily exempt�fro�� the � � � requirements ot�the Califoi•nia E��vironment�l Qualiry AcC (CEQA) pursuant to Section 15378 of � the CEQA Guidelines in that it does not constitute a project under CEQA, and ifi it we�-e found to constitute a pi-oject, it�vould be exempt pursuai�t to the general rule set fortl� in CEQA Guidelines Section 15061 (b)(3). R�COMM�NDATION Staff recommends that the�[�own Council 1. Co��sider making one appointment to the Belvedere-Tiburoi� Disast�er Advisory Council; or 2. Continue the item and direct staff to continue to accept applications for one or both vacancies and schedtile i��terviews at an upcoi�inb 'I�'own Co�incil meetii�;. ExhibiC(s): I. Ellen Rony Resignation 2. Special Vacancy Notice 3. Christopher Murphy Application Nlaterials � 4. D�vic1 Barl:er Application Materials Prepared By: Lea Stefani,Town Clerl. �I'0��V� O1�Ti[3URON P:1GE 2 OI�2 EXHIBIT 1 � Ellen Rony • 21 Juno Ro�d • Tibur�n, CA • 949�0-1346 • 4151435-1401 January 21, 2020 ur. Tom i.roweii, Cnair Members of the Belvedere-Tiburon)oint Disaster Advisory Councii Town of Tiburon 1550 Tiburon Blvd. Tiburon, CA 94920 Dear Belvedere-Tiburon Joint Disaster Advisory Council Members, With mixed emotions, I tender my resignation from the Belvedere-Tiburon )oint Disaster Advisory Council. It has been my great honor to serve the Tiburon community as a representative on the BTJDAC since 2003. i have enjoyed working to strengthen emergency readiness on the peninsula through three successive town administrations. The time has come to relinquish my role to new energy and ideas. My decision was made notwithstanding that during the recent power outage I failed to purchase auxiliary block ice and had to discard my freezer's contents. I will remain on board through the summer until a replacement Tiburon member is appointed.by the Town Council. I hope that the BTJDAC will eventually consider the Resilient Community proposal I presented to the group last April. It is focused on strengthening Phase Four recovery efforts and building an ongoing audience for these meetings. Please reach out if I can provide assistance as the work of the BTJDAC moves forward. My support for emergency readiness in Marin abides. Regards, rll_._ n_._.. CIICII RUII�/ ellen@rony.com EXHIBIT2 c�:=�-'� �' i �� `� � ��f� i� � ,. � �_'�/` TOWN OF TIBURON NOTICE OF SPECIAL V�CANCY � ON TOWN BOARD OR COMMISSION � i�ay iilGU BELVEDERE-TII3URON DISASTER ADVISORY COUNCIL Position: Committee Member Term: No Term Liinit � Purpose: The purpose of thc Disaster ndvisory Council is to 1) provide � w�derstandinb of the Tiburon Yenins�ila emergency organizations; 2) provide disaster education & training for the Tibu�•on Peninsula community; 3) provide neighborl�ood awareness & personnel respoi�sibility i�or emerbency preparedness; and 4) update and maintai�� Tibii{-o�� Peninsula ��er;ency Plan. Qualifications: Applicants must be �-esidents ofthe Town ofTibiu-on and have tlle inte�-est, dedication and time commitment to serve as a trustee on the Council, � including atCe��dance at regular ineetings and other activities. � The special vacancy on the Commission is as follows: Appoii7tee Dute Appoinlecl Teyi��z Expiratio�� 1) Ellen Rony Februa�y 2003 No Term Li�1�it Interested residents can contact "I�ib�n-on To�m Clerl< Lea SteFani at (415)435-7377 for n�ore ii�formation, or picl< up ai� application at "I,iburoi� Town I-lall, I505 Tibiu�oi� Boulevard. Applications are also available online at �v�v��-.to��vnoftiburon.or��. � Deaclline fot�Appliecrtioi��s: June 19, 2020 crt 5:00 p.nz. � Notice posted c�t Toi��Hn11 � Publis/�cd ii�tJ�e ftrk on 1t�lu� ?0 c� Jzn�e 3, 2020 EXHIBIT 3 tG � 3� ��^9 � � ��#�� s„�� J.-�e�`.� , 3 ��r, � �o�� fl� �'�b�r�� ,, PoI°i�€��$ �'� �� `� �'� � �:�` �; �`��` � �� ' �� Istefani@townoftiburon.or� � ' ��,�,��.��77 TOWN OF TIBURON COMMISSION, B9ARD �c CO(1l�1�111TTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Piease indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by compieting this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk d � � Christopher Murphy 5/22/2020 Full Name: Date: d � Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board 1 Heritaae & Arts Commission I7i�a�tPr Arlvi�nrv rni�nril � -�-----. . ._..__., _..�...... Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board � � g.�^ d '� .�6 . . � � 113 Blackfield Dr Address: Street Address Apartment/Unit# Tiburon CA 94920 City State ZIP Code 2017875086 cdmurphy@gmail.com Phone: Email: � � � � � Moving to the Bay Area over 10 years ago always meant greater preparedness for natural disasters - feeling a small earthquake now and again, understanding liquefaction and flood zones from purchasing a home, and having a pian for a major earthquake. The periodic fiooding of Mt Tam Junction and the Cove shopping area along with the wildfires/proactive blackouts of 2019 really escalated my desire to engage on disaster preparedness. I wrote a letter to the Ark for an investigative piece on all our dependencies in Tiburon (electricity lines, water pipes, gas lines, transportation routes in emergencies). Some the best reasons to live in Tiburon & Belvedere (shoreline, lagoon, open space) also present disaster risk for us, and I'd prefer to take a proactive role in planning for the future for all residents. . � � 6 � �i � � E Basic CPR and First Aid (including infants). I had planned to enroll in a CERT class this year, but that's been postponed due to COVID. I still intend to complete that training when possible regardless of the Disaster Advisory Council. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Christopher D. Murphy Tibw-on.C� � 201.787.5086� cdmurphy��gmail.com � u chrsmrphy� linl<edin.com/in/chrsmrphy PROFESSIONAL 1'ROFiLr �lccomplished advertisin�� incdia leader with 15 years of experience in acivertisin�technology and pro��rammatic media buyin�s acros� ntui�ero�is roles includin�marl<etii��; campaign m�nagement.yield monetization, pl�tform evaluations � partnciships, ��lot�al cli�nt ;trate��}, ai�d identity resolution. Consistei�tly entrost'ed �vith additional company priorities_ � siu��assing leadership e�pectations in ��rojects as �•vell as core responsibiliCies. Passionate�lbout pairing high performin� tEams and Cechnol�gy t�� chan��c marl<eting anci advertising to a more personalized, data drive�� futuee. EXNF.,RIENCE CONVI'VA,INC—2010 to Present Foster City,CA � Heud of�Advanced Aclve�-tisif�g 2020 -Present �� • Lead business develo}�ment for Conviva's Advanced Advertising solutions providin�� better meas�u-ement and � monetization for medi�i companies like NBC Universal,Disney,Hulu,Fox,ViacomCC3S,and WarnerMedia. � • Acted in multiple rolcs to launch Conviva into Advanced Advertising including sales,parme�:ships,procluct management,product marketing,marlceting,and privacy. • Within I�irst 45 days, pivoteci sti-ategy fi�om digital-only measurement to cross-platform measliren�ent through � partnerships as �vell as proerammatic daCa sl�aring LIV�RAMY—2017 to Present San Francisco,CA Hea�l o/Birsir�ess Develo��nrent 20]8 - 2020 • Managed multimillion-dollar- investment in online and offline data to po�ver LiveRamp identity �raph �-vith staff across 4 offices,delivering FY20 plan �viCh moi�e than ]0% savings • Gre�v online and of�fline client matcl� volume by 3x and 17x respectively � I_ead identity t�raph clata compliance fol-CCPA,maintain ovei-90%of data�vhile meeiing sirict LiveRarnp Data Ethics standards and timelines �� Hecrcl of Agenc��Slrcrteg_v 2p 17- 2018 � • Launched IdentityLink for Agencies with an integrated effort across email,content (blog & webin�u-),anci PR, overachievin�=goals set for new companies engaged and inbound leads • P�u�tnered �vith Sales to close & rollout LiveRamp's largest multi-yea1�multimillion-dollar agency holdin�� company deal while simultaneously developing and implementing agency referral,reseller.and platform sU�ate<�ies OMNICOM MEDIA GKOUP—2011 to 2017 San I'rancisco,CA � Glol�al C/�icf Sn•a�cg?� O//rccr—Onmicom Mccliu Grot�p Programmalic 2016 - 2017 � • Built first �loba] pro«rammatic acco��nt te<lm,providing str-ategy and leadership for global clients includin�� McDonald's,Intel.I3eiersciorf,Nissan,and G1axoSmithKline � • Launched first global pro��rammatic scorecard for 55+ markets across 4 re�Tions traeking consistent service ancl capabilities development,global publisher/PMP negotiation,accountability/perform<uue tracking. and � a��ency relationship thi-ough a 360° survey • llevelopecl l�irst global programmatic scorecard f�»-global clients trackin� programmatic-ready progress aci-oss auciience analysis/segmemation and�ldv�ncecl KPI/meas�u-ement strategies M�u�iagin;� Direc�or, Progr-cmrnicrlic— OMD Worldi��ide 201_5 - 20 I 6 • Led & pitched OMll's first global programmatic service & strategy proposals for Wells I��ar��o,Sony.T3acardi. Beiersdorf,&McDonald's across 55+ markets,representing c�ver$].5 billion in billint_>s • Responsible for global prograrnmatic thought leac]ership,covering critical topics incli.�din;= ad fraud.ad ��ie�vabiliry,��d blocking,ancl cross-device/people based mar-keting. Mcn�agii�,�Director—Acclren EMEA 2014 • Guided EMEA to YOY billings «ro�vth of 57°7c in revenue and market expansion of 39°Ic,partnerin�� vith local mt�rket leaders to address challen�es from shategy/planning inte��ration �vitl� a��ei�cy to technolo<ry partnersl�ip decisions • Mentored international �rogrammatic team �vho ran multi-market campaigns centrally for retail and travel clients,gro�vin� billings to become 7'''lar��est market equivalent • Implemented �veekly OMG eaecutive dashboard covei-in� Cop EMEA markets adoptiou of pro�rami»atic compared against billin� and revenue targets VP,Markelii�� & Pnrtner.rltips—Accireri US 201 1- 201� • Led 10-month effort to rebrand and reposition Accucn�lobally across 55+ mal�kets including updated �vebsite,braiid iclentity,and marketin� collateral • Led US partrler evaluations and negotiations �vith ovei-50+publishers/PMPs,ad networks,and DSPs • Led US West account�s- gro�vin� revenue by 99°Ic�,t��ipling top advertiser spend,and capturing first seven �figure n��edia buy for the region across lead genei ation,acquisiCio»,and branding campaigns GLAM MEDIA INC—2010 to 201 l Brisbane, CA S�-. Dir•ecto��, Platfor-n�Prodr�cls 2010 - �01 1 • Responsible for indirect/programmatic monetization and yicld management of Glam Media's portfolio of invento�y, increasin�� YOY rcvenue by 61°Ic, improvin�7 RTB revenue 447% • Led technology parti�er evaluatioi�,product definition,and launcl� of Glam Private Marketplace for agencies � YAHOO! INC—2005 to 2010 Santa Monica, CA; Ne�v Yorl:, NY Director, I3irsii�ess Develol�nae��l— I'ahoo! 2007 - 2010 • Supetvised 60°�c+oi�audience targeted campaigns for P&G,delivei•ing�4%cost reduction and 37°Ic improvement of frequency • LaL�nched and led Publisl�er Managed Services team,delivering ne�v services that included yield optimization_ audience exte��sion, sales enablement,acquisition,and lcad generation at pi�ofit levels 2S greater than company average • Led implementation and mana�7ement of first premium �ublishei-partners Forbes.com,Cars.com,and Zi1'l� Davis on Right Media platform ��ccoLn�l 1l9cma�er—Ri�hl�ti9�diu��ld�A�ehi nrk 2005 - ?007 • Managed 61% oi'con��pany revenue, ��ro�ving top advertiser account by more than 420°Ic by acl�ievinn better performance th�n competitive set • Grew n�anaged p�iblisher volume by 40�7o and revenue by 23% for over 450 net��vork publishers,growin�� the top publishe�'s eCPM by 65�7c EDUCATION PRINC�TON UNIVF.RSITY � Princeton, NJ A.B. Histor�� Jui�e 2004 ADDITIONAL • 1-COM Dat'a Creativity A�a�ards Board Member. For��er IAB Co-Chair on AuComation Committee • Interests inclucle soccer. sailing. live music, worlcl lravel. hil:ing, & wine tasting EXHI � I1� 4 { T� r-' �f T"ik�ur�r� � � � e � �� '� ; �� 4�`�� t``° � � 1�US 'Teburc�n ��d., �'ab�sr+�n� �� 94�12� �� r�.",, : � �.,..<t; ,.. _ ls��ne�to�s��i��r��.�r� , * �15.4�35.�3?7 TOWN tJF TIBURt�N CUMtVII�SION, BOARD & C�NIMITTEE APPLICATIflN The Town Councit considers a�pointrnents to its various Town commissions, boards and cc�mmittees throughout the ye�r due to term expirations and unforeseen vacancies. {n its effort �o broaden participation by local residents in Tiburon's locai governmenta( process and �ctivities, the Council needs tq know your interest in serving #he Town in some capacity. �'lease indicate your specific �reas of interest and specia! skills ar experience which would be h�eneficiai to the Town, by carnpleting this form and returning it to Town Hali with a resume. �opies u��J1;:,.� fiorwarded to fhe Town Council and informai applicant/Council interviews are �ched��.�rifldically during �he year. Your appli�ation will also remain on file at Town Hall for � p�r�od��f one (1) year. Than�C you for yaur wilGngness to serve the Tiburon community. �ea Stefani Town Cierk , a , _ �ull Name: � �v t� �flt�n� ��-Il.��f n. Date: �i �I2��a • s Please indicate your areas of interest in numerical order: 2. Planning Commissior� 3 Parks, 4pen Space & Trails Cornm. Design Review Board Bel-Tib Jant Recreation Board Heritage & Arts Commission i • Disaster Advisory Counci! B�1-Tib Library Board� Commissian on Aging � Affordable Hvusing ` Building Gode Appeals Board + 0 0 6 � At�t�P'fs�'uS: l � �.s� �.-�fl0�`� t!f�.W �/i�91!'� Street Address Apartme�t/Unit# '('t�-u rLo ,,� �..{'o �1��t 2.� City ,t�te �!Q Code Phone: 4 �� -' �3da'` - S6�'�- Emait: �av��-. [c� ✓�'t4s��. �'J��e�' . cor� a o • e s t , �cy..va�t�- �-s�.ft>�r t C.�.�„4:t „ CU�A'�v,�,ud. l.rltctsi,� 'v�. i'�+� ��t c s v�4e. w�u.s�g. .��o..�. . {� �o..� (� c� �cC 1�i'y �-��'�{ t � ;�.,. �lr�w� ��an-�}s,o� " �sa`y* aas�"ar.Y'1� rrtowiUsrc.� �c.� 3ssu.s� yna�C't...��•"� dY'Lw-l��r.. � wt..ore. t ��,c p rs��,.�..,.� t�.s r��q c;.Y' .+�.o�r I...Qa..�„�s su...� ��rc-.� l�9vs 'a . �w� a`3Y'4" '��''us-i'�'''=+'i-� �.-r�,.,,,lC 11,4v � mt.s�sbe, o�-' I�iraau,ti. 6..s C'�'s - L� ��ird�.t4.. �o.�>:�.� 1 �^�> i� ��I.cty f bcc�M,. n c.,t.c,.l ��s,a. a� �` adl.�,, I�S+.� v.f' S�s��►�,c �tCt}.y� s so • t • � • � . �f>d a Ycs l��>a.y [ri w u� � � c.,rv�wc.J�. v.. S F� �, dl••q�s 6c{'vt L.�.-�v �n.+c�� pu C' ,�,��. oF o�r t�- �,��t �oa , W��, ,E't�.�,f��a� . 1n►c.> o.w.. n� ca,r,��,� '(�rat�.a,� �rs,r� �'tc.0 �,r� �4"�Z: . � : � t � ..t'+.a+1 t\ , .'h 4.,.� h<✓[. l,wwtiq�.sr OL'\JK C�tt S'S�[Js '1't :1 t�L�'o y.�.. J f''��.,. «+�o.�. .�x.c.ep d/' L.c...,�� l�l.��s e�., j �. �i v..V.:.� ' �,� �„�.�d��, 3 a ,��, �.�,��..�.. ;�, ��,.a,,� w�� ,f'e,,4�j:� 1'�"•.,.��se..s, ;r�, Gov��..•4A.s sL�'\..�5 1;.?c f.4J'c Z�.u«L �,,�t C�u.t y' d� +�e�t s�..,1-K' Cw t�i+4�1 w= b z�",..�. , ��,r...,,� �..,r, �, �t �,a,,}..� �Hc'�'ti"5 Pubfic`�isclosure Notice: Submitter3 application materials constitu#e a public record and may be publicizetl m their redacted form as part of Town Councii meeting materials. ��,�,x,��,k'",,ae:a David John Barker Summary Resume Current Status: Married Retired Education: MA, Oxford University, UK: Philosophy Politics and Economics, 1968 Employment History: 2002 — 2012 Independent Consultant, Corporate Strategy and Organization Consulting Partner, Strategic Decisions Group, Palo Alto, CA 1997 - 2002 Vice President, US Strategy Consulting Practice, Arthur C. Little Inc, Palo Alto, CA 1989 -1997 Vice President, West Coast Management Consulting Practice, Arthur D. Little, San Francisco, CA 1974 — 1989 Energy Consultant, Arthur D. Little International, London and Abu Dhabi 1968 - 1974 Various Positions, Mobil Oil Corporation, London and New York Volunteer Activities Pledge Supervisor & Docent, KQED San Francisco Broombusters, Tiburon Additional Information available on request Towi� Council Meetin�� TOWN OF TIBURON Septen,ber 2. 2020 � �°� 1505 Tiburon Boulevard Age��da Item: PH - 1 � "l,iburoi�. CA 94920 . .�. . � , . To: Mayor and Members of the Towi� Council From: Office oi�tl�e "�l,own Manaber Subject: Consider �doption of a Resolution Approving the TTI3ID Program �nd Authorize Levyin� and Collecti��Assessn�ents on Lodbinb Establishments within the Tiburo�� Tow-isi�� Qusii�ess linprovement District(TTBID) 1-or Fiscal Year 2020-21 .;. �' -� Revie��ed I3y: ��..,;v f� ;;• ,i,C ,y� ��. Gre�Chanis.Town Manager Benjamin Stock,Towi� iltton�ey __ �UMIl�ARY Council will be holdinb a I'ublic Hearing and considering adoption of a Resolutioi� authoi-izing the continuation of the assessments related to the Tibm•on Tourism Business I�T�provei��e.nt District (TTBID). � � � RECOMMF,NllEll ACTION(S) 1. Hold a public hearin�on the proposed Resol��tion to Collect and Levy Assessments to fund the TTB1D Progi�a�� for �'iscal Year 2020-21. ?. Determine whether there are any public protests to the proposed assessments and TTI3ID Program. 3. If there is no majority prot�est, adopt tl�e proposed Resolutio»to Collect and Levy Assess��ents to i'tmcl the TTBID program. BACKGROUND The To��vn 1�ol�i��ed the Tib��ron Toul-ism Business Improvement District (`TTBID") �inder Parl:in�7 and B�isiness lmprovement A�-ea L.aw of 1989 ("Act"). The Act requires the Town to annually approve the TTBID assessments ai�d the activities funded by those fui�ds. The To�-vn has tal<en the first two steps in that process: • On Au��ust 12, 2020. the TTBID Advisoiy Board approved its Ai��ual Report (The Report). which included information on the TTB1D`s past ai�d projected revenues and expei�ditures and the proposed TTBID Prograin for the upcoming yea�-. A copy of the Report is attached as T.xhibit 1. • Oi� August 19, 2020, the Town Council adopted Resolution No. 38-2020 ("IZesolution of Intention"), declaring its intei�tion to levy and collect assessments within the TTBID and to use those assessments to fin�d the TT[31D Program. �I�l�e Resolutio�� of�lntention set these �ctions for public hea�-ing on September 2, 2020. The Repo�-t recoi��mends the Town use the TTBID assessme��ts to co��ti��ue ai�d expand �ipon tl�e ii�itiatives started in past year. The To��n ��ould use the TTBID assessments to fund a marl<etin�� TON'N O1�TIBURON PAGG l 01��2 � � �t� '�,(11 pro�ram, in cons�iltatioi� with the TTBID beneticiaries —the To��n's lodgin� establishments— � and other interestecl parties. A1\'AL,�'SIS As explained in tl�e Report, staff�a��ticipates that tl�e TTE3lD will begin Fiscal Year 2020-21 witl� a surplus of$257,461 froi�� the prior fiscal year and raise approximately �63,435 ii� assessment revenue durinb the cui•rent fiscal year. In addition to assessmei�t revenue, the TTBID anticipates i�eceivinb $27,500 fi-om the Town of Tiburon, which is a portion of thc; Transient Occupancy Tax collected by the Town. Sta�ff anticipates expendii�g approximately $180,000 in Fiscal Year 2020- � 21, ��'it�� anv C�lrrn�iic ;fitt�rlc rar-riPri n;��r-tn tl:r�' ;7��;� 4�c��I �;v«� ��(l�I_7`)�. The Act req��ires the Counci] to hold a public hearin�� on the proposed assessments and hear any protests from intei•ested parties. In the absence of a protest fi-om businesses that wo�ild pay a i��ajo�•ity ofthe proposed assessments, the Council can move forward and adopt the Resolution �ttached to this staff report as �xhibit 2. continuinb the T"I��BID assessments for the upcominb year. As ofthis date, the Town has received no protests. 1 would also note, the assessed parties, the � Town's two lodging establishments, have been vei-y sup�o�-tive of tl�e TTBID probi-am and are � represented on the TTBID Adviso�y Boaa-cl, FINANCIAL IMPACT Staff does not expect any new sibniticant �fii�ancial iinpact as a result of Council approving staft's reeo�nmen�ations. The Towr� will conti��ue to �und the TTBID pro�ram from the T`IB1D assessments and a portion of the T�-ansient Occupancy Tax received by the �I'own. As before, the "Cown i�ay retain a l% allo�vai�ce to recover its administrative costs. �NVIRONMENTAL R�VI�W Staff has preliminarily determined that adoption of this item is stat�itorily exe��pt from the requirements of the California Envif-onmental Quality Act (CEQA) pw-su�int to Section 15378 of the CI::QA Guide(ines in that it does not constitute � project under CEQA, and if it were foui�d to constitute a project, it would be exempt pursuant to the �.�ener�l rule set forth ii� CEQA Guidelines Section 15061 (b)(3). I2ECONIM�NDATION Staf[��-ecommends thlt the Town Co��ncil: l. 1-lold a public hearing on the proposed Resolution to Collect and Levv As�essment�s to fund the TTBID Program fol� Fiscal Year 2020-2 I. 2. Determine whether there are any public protests to the proposed �ssessmcnts and TTBID Program. 3. ]f there is no majority protest, �dopt the proposed Resolution (Txhibit 2) to Collect and Levy Assessments to fund the TTBID program. E�hibit(s): I. T"I'BID Advisory Boarci Annual Report 2. Draft Resolution Prepared By: Greg Chanis,"I'own Nlanager To�v�� or Ti►3uRo� Y:�c�;2 or 2 EXH I BIT 1 TOURISM BIISINESS iMPROVEMENT DISTRICT AI�VISOR�' BO�RD REPORT � To: Mayor and Members ol�the Town Council From: TTBID Advisory I3oard Subject: Report of the TTBID Advisory Bo�rd re TTBID Funding and Program; Recommendation to Approve Report Date: July 8, 2020 L BACKGROUND The Tiburon Town Council (the Council) formed the Tiburon Tourism Bl�siness improvement � District (`TTBID") in 2007. The impetus behind that actiot� was the request fro�n Town's two � hotels, the Lodge �t Tiburon and the Water's I:dge. to join the Marin County tourism promotion � effort, which is administeretl by the Marin County Visitors B�u-eau ("MCVQ"). The TTBiD originally imposed assessments of I% of gross hotel revenue. Ii� 201 1, the Town raised the al��ol�nt of the assessi�nent fi�om 1% to ?% o�t��ross hotel ��evenl�e. also at tl�e hote(s' request. Initially, the Town contracted with MCVB Co administer the To�vn's 'TTBID program. In 2013, the Town re-directed the fi�nds to a locally based business improvement effort that wot�ld 'focus on the specific attractions of the "Tibl�ron peninsul�. ln 2014, Destination Tiburon, a nonprotit public benetit coi•poi-ation was formed to implement the TTBID program. The Town must also comply with the procediu-al laws governin�; business assessment districts. Those procedura) laws require an annual �ssessment process that begins with the TTBID Adviso�y Board's (the Bo�rd) preparing this rcport f�or the Council approval. II. TTBID Program A. Procedural Requirements. The To�vn created the TTBIU in 2007 pursuant to the Parl<ii�g and Business Improvement Area Law of 1989, Section 36500 et seq. of the Calilornia Streets and Highways Code (the "Act"). The Act i�eqttires the Board to prepare an annual report containing the followinb information: 1. �I�he improvements and activities to be provided i�or the upcominb fiscal year, i.e., tl�e business improvement pro��ram. 7. l�il PCTIm:1tP Ilt t��P rnci nf t{iP ��iicin�cc im��rnvrnir>nt nrntn-am �{nr that +�c�al _. - -- --------'-- ,.. ,.-- -_..._ ,,. ..._ .....�....,_,., ....�� .:..,....,.. r,. .... ,.,. ��....� ,,.,.,.... year. 3. The method and blsis of levyin« the assessi��nt in su�f'f�icient detail to allow each business oumer to estimate Che amount ��f the assessment to be levied against his or her bi�siness for th�t tiscal year. TowN oF TzauRarv PAGE �, OF 3 EXHIBST � � 4. The amount ofi any surplus or deficit revenues to be carried over from a previol�s tiscal year. 5. The amount o1'any conti�iblitioi�s to be made i�rom sources other thai� assessments levied pursuant to this part. The Co�incil m��st review this report and approve it either as submitted by the Board or with chanbes. A}�proving the r�port is Che �rst step in thc process of imposing assessments �Por the new tiscal vear. B. Tourism Business Improvement Pro�;rain. l. Imp�-ove�nents and Activities The TTT3ID consists of a broad-based destination marketin� campai�n to raise Tibtn�on's pro�le as a premiere location for vacations, conferences, meetin�s ancl other events. This campaign is directed both at leisure tourists and at tr-avel, event and conference professionals. FY2019/2020 ca�� be rypified by an i��tense period of strategic development and i�iarl<eting plannin;� combined with incredibly productive phases executing the plan. Specitic activities in the 1�iscal year beginning in 7/1/2019 and e��ding 6/30/2020 consist of: • Develop a multi-channel commtmications plai� desi��i�ed to reach Meetinb Planners at all relevant toucl� points. • Photography, Video, Trade Sho�� presence, collate�-al; prii�t advertisin��. eBlasts, Facebook and instagram strategy and contei�t • Bring tobether a Tibtn-on Experience Networl<, a group ofi local service a��d experience providers who can provide services to meetin� participants. • Create Familiarization Trips for Meeti»g Plani�ers and lntluencers to deliver the unique Tiburon experience. • Deliver Destination Tiburon message directiv to high potential targets at Trade Shows and networlcing events. • 1Jpdate Leisure Traveler website (DestinationTiburon.orq) �vith ne�v content designed to motivate the tacget with unique Tiburon experiences, and to include crowd-sourced content. • Contii�ue distributiug collateral materials in the Cons��mer cliai�nel: Tihuron Guides are distributed to guests at Tiburon hotels. These are designed to drive traffic to local businesses and atCractions. Digital advertisin�� clisU-ibuted at the T-�eriy F3uildin;� in San Francisco and California Welcome Centers theou<�hout the Bav Area. • Develop partnerships with indusC�y associations �nd marl<etin�_ parti�er� lo maaii��ize eaisting members and customers. • In conjui�ctioi� with the Tiburon PeninsL�la Chambcr of Commerce the build out ofa new Welcome Center in downtown Tiburon 2. Tstimated cost of t}�e TTBID Program fo►- Fiscal Year 2U20-21. The Boartl expects prograi�� expenditui-es during I=iscal Ye3r ?0?0-21 will be appro�ii�ately $I 80.000. Any sums remaining would be c�rt-ied over to the prograi�� for }=iscal 1"ear 2021-22. ` �XHIBIT 3. Method and basis of assessment � The basis for the assessment will not change. When the Town creaCed the TTBID, thc MCVB reco�nmended tl�at the To��n calculate Che assessment level as a percentage of�gross eeceipts, � indicating tl�at the bei�eft to the assessed businesses woulci be coi��mer�stu�dte wilh those receipts.� � Both of the Town's (odgin�� establishments s��pported that level of assessment. The To�vn � deferred to the joint expertise c�f the MCVB ai�d the hotels. The hotels continue to support the 2% of gross receipts assessment and the Advisoiy Board accepts their jud�ment. 4. Surplus or deficit revenues carriecl ove�- from prior fiscal ycar. The Board expects the TTC31D will enter Fiscal Year 2020-21 with a surplt�s of$257,461 carried over fi-om the prior tiscal ycar. and received revenues totaling ;693,435 dtn-ing the fiscal year. This estiu�ated revenue tigtu�e is the combined total of an anticipated $63,435 in asseSsments related to the TTBiD and an �dditioi�al $30,000 from the Town ofTiburon. Based on these revenue projections and the estimated expenses noted in S�ctioi� 2, the TTBID expects to cariy over a surplus of appi-oaimately $170.000 to Fiscal Year 2021-22. The Board anticipates FY2020-21 ��ill be a productive year, with the new welcome center and Tiburon positioning given the current social climate. At the close of FY2020/21, marketing will continue and the �focus of the oi�gai�ir�tion ��ill be getting bacic to hosting gt-oups, meeting plan»ing evei�ts and hotel stays. �. The Amount of Contf-ibutions f'�•om non-TTBID Sources. The Town contributed appro�im�tely $30.000 durin�? the present fscal year and, as noted in Section 4 above, expects to contribute a lil<e amount in F'iscal Year 2020-21. At this juncture, the Board does not anticipate any other contributions fi�c�in outside sources. TTowever�, the Board recommends eYploring participation f�i-oi�� local merchants that eould benefit from to�u-ism promotion activities. FINANCIAL IMPACT Statf anticipates no lddition��l linancial impact to thc Towi�, other than the contribution i�oted in Seetion 5 above. Tf�e "I�own will continue to collect the 1 % adi��inistrative allowance as provided by law. All rei��aining funds would be expended on the TTBID program without furthel- contributions fi-om the "I�o�a-n. RECOMMI?NDA"TION The TTE31D Advisor�� Board r�commends that the 1`ibw-on Town Council: I. I leai- public testimony �nd mal<e any desired changes to the �1c�visory Board Report; and 2. Mov�e to approve a Resol��tion Approvin�� the ReporC and tal<e such other actions as are necessarv to set the assessments for Fiscal Year 2020-21 for a pl�blic hearing. �XHIBTT EXHIBIT2 R�SOLUTION NO. xa-2020 A 12ESOLUTION OF TIIL TOWN COUNCIL OF THE TOWN Oii TI}3URON TO LEVY AND COLL�CT ASS�SSMENTS ON LODGING �STABLISHMENTS WITHIN TH� TIBURON Z'OURISM BUSINCSS IMPI20VEM�NT DISTRICT TO FUND "�'N� AP�'ROV]CI) I)ISTRICT PROGRAIVI � Wf IEREAS. the Parl<ing ai�d Business Improvemea�t A�•ea Law of 1989, Sectio» 36500 eT seq., authorizes counties to establish parl<inb and b�isiness improvement areas for the purpose of promoting tourism: anci W}1FREAS, the P�rking and Business Improvement Area Law of 1989, Section 36500 et seq., authorires cities to establish par]<in� and business improvement ai-eas for the p�u�pose of promotinb tourism: and W}-IFREAS, in 2007, the Town formed the "Tiburon To�u-ism Business Improvement District (`TTBID"), to levy a one percent (1 %) assessment on lodging establishments withi�� the Town's borders: and WHERrAS, in 2010, at the req�iest of the Town's two lodging establishments, the Lod�e �t Tiburon and the Water's Edge Hotel ('`collectively, "Town Hotels"), the Town i��creased the T�IBID assessment to t��o percent (2%1 a��c� W}�IEREAS, the T'TB►D Advisoiy Board ("Advisory Board") appi•oved its a��nual report on Aubust 12, 2020, �-vhicl� report sets 'Fo�-th the lebal(y req�iired program ai�d b�idbet in�formation ("Annual Report"). which included the TTBID P►•og►-am and which the Council reviewed and approveci on Aug��st 19, 2020; and WHEREAS. on Au��ust 19. 2020. the Council also adopted Resolutioi� No. 38-2020, ("Resolution of lntention")_ declari��g it� ii�tention to levy the TTBID Assessments, settinb a public hearin�� on September 2. 2020 to �o��sider any protests and directing r�lated actions; ancl WFIFREAS. the To�-vn p�iblished notice ofthe September2, 2020 p�iblic heari��g as reqlii�-ed by ti 36534 ofthe Strccts and Highways Code and fiu�ther provided written notice to the Town I-lotels; WHEREnS. the "T'o�vn Council cond�icted the public hearinb on the proposed T"TBID Probram a��d assessments on September 2, 2020 pursuant to � 36524 of�the St�reets and l-li�hways Code and provided all interesteci parties an opportw�ity to be heard; and WHERF.AS. tlie To��n had not r�ceived any protests to the proposed "T"TBID Pro�,�ram and Assessments by the close of the puhlic hearinb and, havi��g considered all public testimony, the Town Council founcl that there was no majority protest that wol�ld preclude the Council fi-o�� approvinb the T"TBID probram and asse,sments as set fort'h in the Resolution of Intention; and Tiburon Town Council [�R:lf�l� Resolution No. AX-2020 09/02/2020 Pa�e 1 of3 W}�-IEREAS, the Council tii�ds that t}�e TTB1D Program will provide a direct and specitic benefit to the payors that is not provided to tl�ose not charged a��d that tl�e assessmei�ts will be levied accordii�g to benefits accruin� to the assess businesses to the maxim�im extent feasible. The direct and specitic bei�efit to payors will be increased sales of rooi�� ni;hts provided through probrams desib��ed to directiy benei�it payors. NOW. THEREFORF. BE IT RESOLVED. that the Town Council ofthe Tow�� of 'l,iburon does he�•eby resolves. determii�es, and fiinds as follows: Section 1. The recitals set fortl� hereii� are tr��e ai�d correct. Section 2. The To�vn Coin�cil hereby approves the T"I��BID Prograir� without 1170dItlCatl011. Section 3. The Town will levy and collect assessments within the TTBID, which is co-extensive witl� the corporate limits ofthe Town. as set fortl� in the Resolution ofIntention. The Town will �ise tl�e "�I�TB1D funds to tinance and administer i��ar]<etinb prograu�s as set fol-th in the Annual Report, the TTBID Program and the Resolution of Intention. Section 4. The assessment �-vill be levied on all lodbii�g establishments, existi��g and future, at a rat�e of 2% of gross room rental revenue. 'The assessme��t is proposed to be tl�is percentage for tl�e followinb reasons: a. An assessment based on percentage is most fair to lodbing establishn�ents becausc it will cost smaller, lowcr service level and less expensive (odging businesses less money than it ��il I cost larger, perhaps higher service level and hi�;hei� roon� rate lod��in� businesses. b. Be��efits received by the assessecl lod��i��b businesses are lil<ely to be proportional to their assessmei�t, depending upon progi•ams implemented. c. ni� assessment based on percenta«e ��ill result in revenues that rise and fal] ir� reflection of��re�ter and lesser busines� in an ovei-all up or down to�lrism marl<et and ��orld economv. d. nn assessi��ent based on percentage is direct, ancl easy to �u�derstand and c�lculate. Sectio�� 5. New hotels ��-ithin the boundaries �vill not be �xempt from the levy of assessment pursuai�t to Section 365�1. Sectioi� 6. Eacept where funds are other�vise available, the lodging b�isiness assessme��t will be levied ai�nually to pay for all improvemei�ts and activities within the TTB1D specific lodbing-related and visitor services. These inclucje, but are not limited to, Web-site co��struction and maintenance, includi��<�? assessed hotels, providin�� visitor ii�fori��ation to promote mid-weelc and off-season overnight lodgii�«: mana<rement/alliances/board of directors; Tibw�on Town Council DR:1FT Resolution No. XX-30?0 09/02/2020 Page 2 of 3 research: sales in t�arget marl:ets, general advertisinb and administration & personnel. PASSED AND ADOPTED at a re�ular meetinb of the Z'owi� Council of the Town of Tiburon helci on September 2, 2020; by the followinb vote: t�YES: COUNCILNIEME3ERS: NAYS: COUNCIL,MEMBERS: Af3SEN��: COUNCILMLMB�RS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON nT..I�ES"I : LF..A STEFANI, TOWN CLERK Tiburon To�-��n Council DlZ_f�7� Resoliition No.XX-2020 09/02/2020 P��e 3 of3