HomeMy WebLinkAboutTC Agenda Pkt 2020-04-01 �— -� , TOWN OF TIBUROl�!
Tiburon 1 own Council
'� / � �� Tiburon To���n Hall
�• ' ;�-`"����'�' �lprill,2020
��_ � ]505 7��iburon Boillevarcl
, �� Special Meeru�g
�„ � Tibtiron, CA 94920 4:00 m.
. .��` p.
TIBURON
TOWN COLJNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
(>» March 16,2020,tl�e Marin Count}�Public Health Officer issued a]c�al order d�rectin�residents to
shelter at ho�i�e for three weelzs beginlun�i��larch 1�.Thc ordcr li»�its�1cti��it}',tra�e] a�1d business
ft�nctions to on]y tl�e most esseutial needs.���dditional �infc�rmation is a��a�l�lbl�at
https://cor�n�l��irus.�l�arinhhs.or�/
Co�isistent��ith E�ecuti��e Orders No.-2�-20 and No. � ?9 ?�l h-om ille 1�-�ccud�c Depai-tment oI tlle
State of California,the Town Council meeting���il]»ot bc ph��sic�ill��open to the��ul�lic and all Council
A�Icmbers���ill be teleconferencinb into tl�e�neetin�. To ma�imize public safet����llile st�ll inaintaining
t�-anspare»c}�and public access;inembel-s of the public can access audio o(�the mc�ting b}�follo�vinb dle
»�eetinb li��e ar.
Li��e Stream:l�ttp:/hv�i����to�vnoftibur��n.�r«i?�;%.A�en�las \linuccs-St,lll�-Rc�x�rt
\�Iembers of ehe public may pro�>ide public commcnt b��scnding commcnts to thc To���n Cleriz by email at
comments«to��moftiburon.or�. Comments recci�°ed pri��r to the close ol public c��mment period fc�r an
item�a�ill then be 1-ead into the record,��-ith a�1�a�imtnr� allc����anec of 3 minutes p�:r indi��idua] comment,
�ubject to the'vlayor's cliscretion. All comm�nts should be a maa�m�u�� ��f�0(�������rds,�vhich corresponds
to appro��mately 3 minutes of sl�ealzing time. lf�commcnt i�rccci�°cd after d�c a��cnda item is heard but
I�efore the close of the���eetin�,the comment��-ill .�rill be includecl as�l parc of thc rccord of tl�c meetiug
btu���ill nor bc read inco the record. �
�ny mcmber of the public�a�l�o needs acconnnoclations should rma�l or call dic l�,��-n Clcriz���ho�vill use
rheir best efforts to pro��ide reasonable accommodations to��ro��ide as much ac�c��ibilit}�as possible
��-hile�llso maintaini»�public safet}'in accordancc���ith thc l�-����n'�proccdtn�e tor resul��in;rcasonable
�icco�nmoclation reqti�ests. All reasonable accommod�leions oEfered ��il] bc lisred o;� thc Town's���cbsite
at���������.to�vnoftibtn-on.or�.
SPECIAL MLL"CING-�-4:00 P.M.
C�1LL"r0 ORDER�1ND ROLL CALL
Councilmember lCulilz,Council�T�ember\\�'eh�er,A'ice �l�t��or Thier. A-1a}'or 1�=rcdericJzs
ANNOUNCL-MENT OF ACTION TAKEI�T IN CLOSED SLSSIOI�1,tF Al��Y
ORnL COM1vIU1��ICA7-IONS
Persons ����shin; to adch-ess rhe To���n Council on su�bjccts not on the agcnda ma}� do so at tllis timc.
Please note ho���c�-cr, that the To���n Co�mcil is not able to Lmdertake extended discussion ��r action on
itelns not on the a�cnda. A-lattcrs req�uirin�;act�on wi�l be referi-ed to the appropri�ite Comm�ssion, Uoard,
Co�ilmittee or st�tff fo�� considcration or placed on a future �I�o���n Cotmcil mcetit�g agenda. Pleasc 1i�1�it
��OLII"C0171111C1105 L�0 I�71'CC �>�111111UC1'S.
coNs��-r c��r_r_��»nR
All�tcros on thc Consent Calcndarma�� bc appl-o��ed b��one motion of�he Tow�n Cotincil unless a requcst
is madc by a member of the To��°n Council.public or stall to remo�°e an item for separate discussii�n �ind
considcration. If ��ou ���i5h to spcalz on a Consent Calendar ,item, please seelz recognicion b�� thc Vlayor
and do so at this time.
CC-1. Annow�cement oC Special Vacancies - Annow�ce t�vo special ��acancies on thc I3�uildin� Cudc
��l�l?cals i3oarcl (Dcpartmcni oF,�\chninistrari��e Scrvices)
CC-2. Local E.mer�ency - Adopt Rcsolution ecrminat�nb the declaration of local emer�enc}' related to
� damabc causcd by }�ebrua�ry ?019 stol-ms(Deparanent of Administrative Ser��ices)
CC-3. 490 Ridge Road - ;�dopt Resolution brantin� appeal of Planning Co111mission's Interprctation
Decermivation at�9�� t2id�;c Road (nffice of the I o�vn Attorney)
CG4. Investment Sammary - Adopt in��estment summ<uy �or nlonth endinb Febru�u•}� 29, ?020
(Departinent of Ach»inistrati�°e Ser��ices)
PLJ}3LIC HEf1RINGS
PH-1. M�micipal Code Ainendments - Consider adoption of Resolutioll to autl�orize thc Nl�n-in
Gcneral Ser��ices Aurhority tu e�crcise all �he t�uncrions pre��ious��� performed by tl�e �larin
Telecc�»»nunications r�gency and consider i�lunicipal Codc A�nendments d�at�vo�ild repcal d�c
Tciccomm�mications Cl�apter c�1 the Tiburon Nlunicipal Code establishii�� the ��farin
Telecomm�micitions A;ency�-� inn-oduction and first recidir�g of ordir�cu�ce
TOWN COUNCII_REPOR"1 S
TOWN NIANAGER REPORT
TM-1. COVID 19 Update - To���n \,I�ma�;�r ��°i1l pro��ide a brief report on the current status of to���n
operations�rnd sununari�c resotn-ccs that arc a��ailable t�thc nuhlic.
WFI_:KLY DIGLSTS
• To�vn Co�mcil �V'ccl<l���Di��csts-� \�1arch 6,13, �0,�2�, 202��
ADJOURNMEN'1
G�NERAL PUI3LlC INFORMATION
�1SSISTANCE FOR PEOPLE WTTH DISABIIITIES
ln compliai7ce ���ith the Americans �a�id� Dis�ibilities Act, if you need spccial
assistance to participate in this�nceti�l�,��le�isc co��tact r11e To���n Clerk �it (415) �3S-
7377. Notificatio�n �}8 l�ow-s p�-ioi- ro the me�tinb �a�ill cnable the To���n to malze
reasoilable��rrangen�ents to ensl.ire �lccessibilit�� to this meetin�.
AVAII=_ABILITY OF INFORMATION
Copies of all agenda reports and supportin� data are a��ailable for ��ie���ii1g aild
ii�spection at Io���n Nall and at the T�el��cdcrc-Tibu�rot� Librar�� located adjacent to
To�vn Hall. A�endas and minutes are posted on the To���li's «�ebsite,
������v.to���noftiburon.or�.
Upon rec�uest, r,he To��vn �ti�ill ��ro��idc ����-itten a�enda marerials in appropriate
alterzlati��e forinats, or disabilit��-relared modiFicatio» or accol��modation, including
auxiliary aids or services, to enable indi��iduals �a�.id� disabilities to pa�-ticipate ii1
public meetings. Please send a ���ritten reqticst, inclu�li�lb }�our name, mailil�g
adcl�-ess,phone numbe7-and brief desc�-iption of�the requestrd nlateri�ls and preferred
alternative format or au�iliar}' aid or scr�°icc at least � days beTore the ii7eetiilg.
Requests should be seilt to tl�c OEficc of tlic To���n Cl�rl� at tl�e abo��e address.
PUBLIC HEARINGS
Public Hea�-ings pro��ide the 6eneral public and inte�-csted ��arties an opporttimiry to
p�-ov.ide restimony on these items. If you challcn�e any p�-��posed action(s) ii1 court,
you inay be limited to raisanb onl�� t�los� �issues ��ou or s�»neone else raised 1t the
Pttblic Hearin;(s) clescribed later in chis agcnda, o�r .in �ti�ritte» corresponclence
deli��ered to the To�vn CoLmcil at,or pr�ior to, the Publ.ic Hcaring(s).
TIMING OF ITLMS ON AGLNDEI
While tlze To�vn Cot�ncil attcmpts to hc�ir all itcros in o�-dcr as stated on the a�enda,
it reser��es the ri�ht to talze itcros out of� o�-de�-. Ao sct timcs are assibned to iteins
appea�-in�on tl�e To���n Cow�cil a�;c��da.
1_i>:�f`i:_�;�.� p I_EiI (_�_? C�l^� t=)I.i:���+ � :�;I:l°� `r"OF�1: a �:'���I � [...r\.'�Jt_]5t_C:i
Tuesday 31st March 2020
Alice Fredericks, Mayor
Greg Chanis, Town Manager,
Town Council Members
Town of Tiburon
1505 Tiburon Boulevard
Tiburon
CA 94920
Time sensitive communication
Dear Alice, Greg and all Town Council members
Firstly on behalf of the small business merchants in Tiburon,we would like to thank you for your support
in allocating assistance and resources from the County for the small businesses of Marin and we look
forward to hearing the results of those requests.
Some of us have met to discuss the unprecedented impacts of the COVID-19 pandemic on our
livelihoods, personnel,families(many of whom live in Tiburon)and existing clients and importantly on
the very fabric of the downtown area which we had been trying to energize and revitalize.We have also
reached out to the Chamber of Commerce and its board and are appreciative of their support. The
Chamber will meet on April 9"'and will discuss this crisis and send you their collective thoughts after
that.
We are all aligned on the goal of avoiding businesses failing and as such we would like to make an
urgent request that Tiburon Town Council consider making emergency funds available to each small
business and retailer that has had to close its doors,or are operating severely limited service, since the
initial shelter in place was made on Monday March 16th for what appears to be an indefinite period of
time—today's guidance is until May 3�d.We suspect that this deadline like earlier ones may be
extended.
If the council would consider an immediate cash allocation to each negatively impacted small business
to help cover them for short term losses, enable them to pay employees, rent, and utilities—this would
help those who are eligible for the SBA loan beyond the 8 weeks that it guarantees. It would also help
any business ineligible for that loan.
Looking beyond today,we are all for operators taking advantage of the many resources coming down
the pipeline from the local states and federal level to help small businesses. However as you know
these funds could take weeks and months to get into operators hands and frankly. many of our
businesses do not have time on our side.
We look forward to hearing back from you shortly
Kind regards
Karen Beale on behalf of some of the small business merchants listed below
Cc: Tiburon Peninsula Chamber of Commerce
Note
By 11pm on March 31s'E mail signatures have been received from the following businesses
Luna Blu. Christopher Salon,Angel Island Ferry Company, Peterson Construction, Schoenberg Guitars,
Atomic Tuna Yachts: Lola's, Keith Bartel jewellers; Eva Claiborne:Ark Row Kids,The Pilates Studio.
Local Spicery, Ruth Livingston Design, Lazy Jack Press,Tiburon Thrift Shop(Verbal—Musette)
8? Main Strcet � 7�iburon � C/� � 9�920
�� � �� 315 Ridge Road
� � , Tiburon
CA, 94920
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon
CA 94920
Wednesday April 1, 2020
Dear Town of Tiburon Council Members,
RE: COVID 19 Small Business Relief Funds
I firstly wanted to take this opportunity to thanl<you for your assistance and support you have shown to the town
and its local business.
I am the owner of Tiburon Dog Butler LLC and a resident of Tiburon. 1 started my business in 2015 shortly after
arriving to the Marin from London, and have really enjoyed integrating with, and serving such a special community.
Approximately 90% of my clients are Tiburon and Belvedere residents and between my 6 full time employees and
myself we typically execute around 450 total wall<s a weel<for- 170 different clients.
As of March 17`h we have stopped all our operations to comply with the Shelter in Place Order and to do our bit to
help curb this pandemic. Our business is somewhat of a grey area and despite other dog wall<ing companies
continuing to conduct business as normal, my team and I decided it would be socially irresponsible to continuing
operating, potentially putting our clients and employees health at risk. You may be aware that the dog wall<ing
industry is less regulated than others, but Tiburon Dog Butler strives to adhere to all rules including obtaining all
relevant permits, insurance requirements and we really try to be an ambassador in our industry. Our clients and
staff safety is out top priority which solidifies our decision to stop our work during this time.
Sadly, I had to lay off 2 of my employees aiready and I am doing what I can to retain the remaining 4 until we can
resume business as normal —hoping for the May 1s' start date. I've currently applied for the SBA loan with an
advance, but still waiting to see if we will be approved, but if the town has any funds available to help me support
my business and continue paying my staff, I would be truly grateful to be considered for any assistance.
My team and I have built what I believe to be a truly valuable service to the local community and hope we can stay
healthy as a business and continue serving the comrnunity once it is safe to return to our usual business
operations.
Many thanks for your consideration.
Kind regards,
Will
William Lane—Tiburon Dog Butler
(415) 413-6178
From: Crystal Azzarello
To: Lea Stefani
Subject: Covid-19 Luna Blu Restaurant
Date: Wednesday,April 1, 2020 2:37:43 PM
CAl iT1pN:This email originated ti•om outsidc of thc or�aniration. Do i�ot click linl:s or opcn attachm�nts�inlcss
��ou rcco�nize th�Scndcr and I:no�� thc contcnt is safe.
Dear To���n ol�"l�ibw�oi�_
l�his is Renzo&Crystal Azzarcllo o�-vners o1�Luna 131u,��e��ould likc to rcquest �inancial hclp. AV�c need to kee}�
our stai�l'on payroll to be eligible l�or the Pa��mei�t Protectioi� Packu�e loan. It is m��und�rstandin�����e���ill have our
loan f��reiven for 4����ceks. It ��ill covcr payroll,rent, health insurancc and utilitics. In order to yuality�a�e i��ust
l:eep e�er��one on through to June 30th. 1 fopefull�����e��ill hc bacl: upcn b� then. Sa�il�����c ha��en�t had am� loans
come thro�igh yet and�-ve doi�'t have sufl�iciei�t funds to pa}�o�u�accow�ts du�or tax pa�°m�nts. �4�e already carry a
lot o1 dcbt ti-om the slow fall ai�d autumn season. Wc havc zl little leit on ow line ol�crcciit. ��c ap��li�d for an
estei�sion but not received conl�7rmation. We borro���ed i�ionc�° 1'rom indiriduals to hclp us throu�h but hoped���e
n�i�ht be able to�ccess tlands fi�om the to�rn.
Thanl:��ou for yow�consideration.
We transitioned to a take-out deliverv restatn•ai�t but sadl�° it����sn�t iinanciall�� ��iable to coi�tii��ie.
(We have 20 ei��ployees rel�in�on us��vith average monthlv pa��roll of b601<)
� Town Council Meetinb
TOWN OF TII3U120N Apl-il I, 2020
���� 1505 Tiburon Boulevard �lgenda Item: CC - 1
� � Tiburon_ CA 94920
� � e �
To: Mayor and Members oftl�e To���n Council
Tr-om: DepartmentofAdministrativeServices
Subject: Annou��cement of Specia] Vacancies (2) on tl�e Building Code AE�peals Board
�
,�
Reviewed By: c����_ ,.����''�;�
.��� ,. �
Gre��Chanis,Town Mana�?er Benjamin Slocl;. Town Attorney
SUMMARY
Two special vacancies have occurred on the Buildin�Code Appeals Board. This item is tl�e Council's
� forn�al aniloimcement of the vacancies,and invitation for qualified applic�nts to apply.
RECOMMLND�ll ACTION(S)
1. Announce the s ecial vacancies on the BuildinQ Cocle A� eals Board.
�acxcxouNn
Town Council Resolution No. 16-2007 (/lppointi��ents Procedure) requires t'hat t'he Mayor
a��no�mce special vacai�cies that I�ave occurred on "Town boards. comn�issions, ancl commiCtees at
the earliest possible Town Council meeting.
ANALYSIS
Building Gode Appeals Board members Rich Osta���i and Chucl< Clemons submitted their
resi��nations (I;xhibits 1 & 2) �from the Building Code Appeals Board on 3/17/2020 and
3/18/2020. i�espectively. Both resi��nations are effective in�mediatclv.
Thc Buildin�,� Code Appeals [3oard (BCAQ) is a iive-member bodv establisl�ecl to act as a��
appeais board froi�� decisions and interpretations of the I3uildin�� Otticial re��ardin�� non-
administrative provisions of the Town�s adopted code.
The BCAB's adopted bylaws outline the recommended e�perience or qualilicatioi�s for each of
the five members of the BCAB (��l�ibit 3). In short, an ideal BCAB should be mad� up of tive
rebistered desi�n proi�essionals, each with one ofthe follo�-vin�� areas ol�expertise:
- Architect�u�al
- Structural engineering
- Mecha��ical or piw��bing engineering
- ���CTI'ICc1� �11�111C',�l"111�
TO���N OF�1113URON PAG� 1 OF 2
- Ener<ry code and/or� <rreen buildin� code compliance or a lice��sed rooi�ing coi�tractor
Per the byla���s. each member of the bocly's experience and trai��in� shall be verified by the
Buildin�r Ofticial prior to appointment. Tiburon resiclency is ��ot required.
With the two resi��nations. the BCf1� is now mlde ��p ofonly t���o members: Marlc S�-v�nson (�
builder) and Briai� McLeran (a rootii�<r contractor).
The Notice ot�Special Vacancy will be posted on April I, 2020 (�ahibit 4). The �pplication
period will close at 5:00 p.m. on Ma�� I 5. ?020. 'T�he Council will be reni�ired to intervie�v all ne�,v
ap�licants for the positioi�s be�fore appointments are made.
FINANCIAL IMPACT
• • ,!' (� i ' T I J ' 1�
Staf�� aiiticiNaies iio uit-eCt �i�iscdi ii7�paCi io ii7e t ow�i Uy zt�io�itioii oi t11iS iiei7i.
EI`I`�IP.�1`ll`✓I�1`.''I'AI. I�T.��1+,`J'✓
Staff h�s preliminarily determined that adoption of this item is statutorily exempt fi�om the
� ������ � ��� � � ������� requirEments of t�he�C11�ifornia E�nviro�nmental Qual�ity Act (C�EQA) pw��suant�to�Section 1�537$��f ����� ��� ����� � �� ���������
the CEQA G�iidelines in that it does not constitllte a project under CEQA.
RECOMM�NllATION
Staff recommends that the Town Council announce the special vacancies on the Building Code
Appeals Board by adoption of this item oi� the Co��sent Calendar.
Exhibit(s):
I. Resi!�nation Letter—Rich nstaggi
2. Resi��nation Letter—Chucl� Clemons
3. Buildin��Code t\ppcals Boarc'1 Bylaws
4. Notice of Speci��l Vacancics—B�iildin�Code Appeals Board
Prepared By: Lea Stefani."I�own Clerl:
To�a�;� or T�HL�Ro� ---� - P.-�cr:2 c>r 2
EXHIBIT 1
Richard fls�����
�8b� Tedsen �n
Gardnervilfe, �iV H9410
3-17-�U20
To: i,-��: �;�d•�� �f ��burc�n;
. . } ., ,., F , , ,.
I ��sh tQ r�sE n fror��� � _-. ;. .� �....... . . , . ._ .. .� . .. ._..-_ -
� l��C Vl.i3`t:..�i:l':y �...�.}...-b.....r i'.�..i�s�...-. 3 _..�� .. , .. _. � !� . �! ' _ ' �
�n �I I� �i i 5.±,
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KiC(1��":3 �5����1;�?! `"�
EXHIBIT2
From: Energy Caic Company
To: Lea Stefani
Subject: Chuck Clemons appeals board resignation.
Date: Wednesday, March 18,2020 11:45:00 AM
— _ �__ ..----- - _.____�. _ _ .__ ___ __ ..WW_____ � _ .._.___- -----:
` This email originated from outside of the organization. �o not dick links or open attachments unless you i
;recognize the sender and know the content is safe
I
_ __......_._ __. ...�_� . . ._..... _.. .�_ ___.... ...._ �__ .. W......._.._.... ___.... . _---- __ __.__ _._... __._.._.....�
I ea-
i am writing tnis emaii to inform you tnat i wiii be resigning from the town's appeai board effective
today.
Thanl<You,
Chuck Clemons
Energy Calc Co.
�t5 Mitchell Q!vd. #16
San Rafael, Ca. 94903
(415)457-0990
EXH I BIT 3
RESOLUTION NO. 34-2011
A RESOLUTION OF THF TOWN COUNCIL
RESCINDING RESOLUTION NO. 31-20011 AND ADOPTING A CORRECTED
RESOLUTION ESTABLISHING THE
TIBURON BUILDING CODE APPEALS BOARD
AS AN OFFICIAL STANDING BODY OT THE TOWN OF TIBURON
��J�rIEiZER�, oii Jurie i�, 2�1 i, iile i�wr� �uur�cil adopie�i Res�luti�n No. 31-
2011 creating a Building Code Appeals Board; and
WHEREAS, the draft resolution sent to the Town Council and adopted as
Resolution No. 31-2011 was an incorrect earlier vcrsion that had subsequently been modified
by staff to replace a member qualified to r-ule on fire protecti�n engineering issues with a
member qualified to nile on technica] aspects of energy code and/or green building code
issues or on roofing issues; and
WHEREAS, the Town desires to correct this error by rescinding Resolution
No. 31-2011 and adopted the correct version of the Resolution.
NOW, THEREFORE, BE IT RESOLVED that the Town Council does
hereby rescind Resolution No. 31, 201 l, adopted on June 15, 2011.
BE IT FURTHER RESOLVED that pursuant to Title I, Chapter 2, Article VI
of the Tiburon Municipal Code, the Town Council does hereby establish the Tiburon
Building Code Appeals Board (BCAB) as an official standing body of the Town of Tiburon
and sets forth its duties and qualifications, procedures for appointment and removal, tenure,
and other such information as necessary for its proper appointment and functioning, as
follows:
1. Duties. The duties of the BCAB are set forth below:
(a) To act as the appeals board from decisio�is and interpretations of the
Building Official regarding non-administrative provisions of the
Town's adopted building codes.
(b) To rendei'decisions on appeals and other decisions in writing to the
' Building Officiai with a duplicate copy to the appellant.
(c) To adopt such reasonable rules and regulations as it may deem
necessary for the conduct of its duties.
2. Membership. The BCAB shall be comprised of:
(a) Five (5) regular members.
(b) Two (2) alternate members, who shall be called by the Chairman to
hear appeals or serve at meetings during the absence or
disqualification of any regular member. Alternate members sha(1
possess the qualifications for BCAB membership.
(e) The Building Official shall act as secretary and staff support to the
BCAB, but is not a member and shall have no vote on any matter
before the BCAB.
Tiburoti Totia�n Cocnlcil Resolution No. 34-2011 Acfopte�l 7/6/2011 l
3. Terms. The term of office of inembers shall be five (5) years, except that to
promote continuity of experience, the initial.appointments shall be staggered
terms as follows:
a. Two (2) members shall be appointed to terms that e�:pire on the last day of
February, 2013;
b. One (1) member shall be appointed to a term that expires on the last day of
February, 2014;
c. Two (2) members shall be appointed to terms that expire on the last day of
February, 2015.
All subsequent appointments shall be for terms of five(5) years, except that
appointments to fill a vacancy where there is an unexpired term shall be for
khe balance of the unexpired term only. Alternate members shall be appointed
for five (5) years or until a successor has been appointed.
4. Qualifications.
(a) By experience and training, as verified by the Building Official prior to
appointment, BCAB members shall be qualified to rule upon matters
pertaining to building construction; including building design,
construction, and installation of building, electrical,plumbing, and
mechanical systems, equipment and techniques. The following are
i�ecommended as guidelines for membership only:
i. One member shall be a registered design professional with
architectural experience or a builder or superintendent of building
construction with at least ten years' experience, five of which shall
have been in responsible charge of work.
ii. One member shall be a registered design professional with
structural engineering experience.
iii. One member shall be a registered design professional with
mechanical and plumbing engineering experience or a mechanical
contractor with at least ten years' experience, five of which shall
have been in responsible charge of work.
iv. One shall be a registered design professional with electrical
' engineering experience or an electrical contractor with at least ten
years' experience, five of which shall have been in responsible
charge of work.
v. One member shall be a registered design professional with energy
code and/ar green building code compliance experience or a
licensed roofing contractor with at least ten years' experience, five
of which shall have been in responsible charge of work.
(b) Tiburon residency is not a requirement.
5. Appointment and Removal of Members. Members shall be appointed by the
affinnative vote of a majority of the Town Council, and may be removed by the
affirmativc vote of a majority of the Town Council. The Mayor shall appoint a
Chairman and a Vice-Chaiimaii. The Chairman shall preside over the meetings.
7'ih:mon Town Coz�ncil Resolutiort No. 34-201/ Acloptecl 7/6/20/1 2
The Vice-Chainnan shall assume the duties of thc Chairman in the absence of the
Chairman.
6. Procedures.
(a) Any person making an appeal must file a completed Town of Tiburon
Notice of Appeal form with the Town Clerk within twenty (20)days after
the notice of decision or interpretation was served. The appeal filing fee is
$250.
(b) The BC�iB shali aciopt anci make available to the public through the
secretary procedures under which a hearing will be conducted. The
pr�ce�?u:e shall n�t :eq�.ire�ompliance with the stri�t :1:les �f ev:tience,
but shall mandate that only relevant infornlatioll be received.
(c) The BCAB shall hear written appeals and make any necessary
determinations or in±e:�retatiens �s soon as reasenab?y practica?. It ma�
affirm, overrule, or modify rulings or interpretations of the Building
Of�cial, and its decisions shall be final. Decisions shall be by a majority
vote of those voting.
(d) Unless at least one member of the BCAB is qualified by experience and/ar
training to rule on a particular matter presented to it, the Board shall not
decide the question until it has consulted with and been advised by a
disinterested individual who is qualificd.
(e) A member shall not hear an appeal or make a determination in which that
member has a personal, professional, or financial interest.
(� The Building Official shall take immediate action in accordance with the
decision of the BCAB.
7. Staffing. The Town Manager or a Town Manager-designatcd representative or
representatives shall serve as staff to the BCAB.
8. Meetings. The BCAB shall meet as needed to l�ear and act on appeals or to make
necessary determinations. Meetings are subject to State of California open
meeting Iaws (i.e., the Brown Act) and shall be open to the public and notices of
meetings shall be posted and distributecl in accordance with state law. The
appellant, appellant's representative, the Building Official and any persons whose
interests may be affected shall be given an opportunity to be heard.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on July 6, 2011, by the following vote:
AYES: COIJNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: COLJNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
l�_
JE ; LAV ��MAYOR
TO O TIBUR�N
Tibin�on Town Coarncil Resolution No. 39-2f�11 A�topte�f 7/6/2011 3
ATTEST:
, %' /�
i �
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�._. L .., r,_� .�,- .
I � � �� '�
DIANE CRANE IACOPI, TOWN CLERK
S:L9dminlstrn[ionlTonnt CowicillResolutionsil0!IIBuildii:g Codes Appenls 6am�rf Rescind mt�f Xewise;Resolu�ron 34-10!l.dac
Tih�n�on 'I'oivn Couricil Resolution No. 34-2011 Aclopter3 7/6/2011 4
EXH I � l1� 4
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SPECIAL VACANCY NOTICE
On Town of Tiburon Boards, Commissions & Com�nittees
2020
Buildin� Code Appeals Board
Statutory /���thority: Tiburon Municipal Code TiCle L Chapte��2, �lrticle V1 ai�d 'l��own Council
Resolution No. 34-201 1
Te�•n�: Five Years
Pu�•pose: "�I'he five-member board has tl�e followin�� responsibilities: a) to act as the
appeals boa��d fi-om decisioi�s and ii�terpret�atioi�s of the Town's Building
Official regardii�b i�on-administrative provisioi�s ofthe To���n's adopted
buildinb codes; b) to rcnder decisions on appeals and other decisions in
writinb to the Building 01�ticial and /\ppellant: and c) to adopt such
reasonable rulcs and reg�ilatioi�s as it may deei�� necessaiy.
Qualifications: Tiburoi� reside��cy is not a requiremei�t. The Board is comprised of five (5)
i•ebistered desibi� professionals, as follows:
1) One inembel-with architect�i�-al experience;
2) One member with struct�u-al en�ineerinb experience:
3) One i��ember with ���echai�ical and plumbing enbineering
expei•ienee or a mechanical co��tractor witi� at least 10 years'
experience, tive in responsible char�e of worl<
4) One membe�•with electrical en«ineering cxperiei�ce or an electi-ical
co��tractor with at least I 0 years� experience, tive in responsiblc
charge of���orlc
5) One member with ener��y code ai�d/or green builclin�� code
complia��ce experience. or a licensed rootinb contractor���ith at
least 10 yea�-s- experience, i�ive in respoi�sible charge of worl<.
Vacancies have occurred as follows:
Appoii�tee Date A�pointed Dal� Resi<�ned Term E�piration
Kich Ostagbi Jui�e 2012 3/17/2020 2/28/2021
Chucic Clei��ons April 2012 3/1�/2020 2/28/2021
Interested residents can contact Tib�u�on "l�o�-vn Clerl< l_ea Stefani at 435-7377 for more
infoi°mation, or picl< up an applicatio�� at Tiburo�� '1 own Hall. 1505 Tiburon Boule��a�-d.
Applications are also on-line at ����a����.townoltiburon.or<� (clicl< on "Useful Torir�s").
Dear/li»e f�»'�pnlicutiorrs =M�i�� 1.5, 2020 rrt S:00 p.j��1.
(Position ol�e» zmtil filled)
No�ice��oste�I at Totii�n Hall; Pa�blishcd ir� tl�e�lrk neir.ti��nper�»�rl/�ril 1, 7l)7l)
Town Cou��cil Meeti����
TOWN OT' TII3URON April l. 2020
��� 1505 Tibw-on Boulevard Agenda Item: CC-2
� �- Tiburon_ CA 94920
. �..,.
. � , .
To: Mayor a��d Members ofthc: Town Council
From: Office of the To���n Mai�a<�er
Subject: Terminatioi� of Local Emergency RelaCed ro February 12-14, 2019 Storm
�i'
Reviewed By: ��;� ;�`:%��r
rjGr C � _�.�. -�
Greg Chanis,To��vn tilana<�er Benjamii� Stocl<,Town Attorney
SUMMARY
Council is being asked to approve a Resolution terminating the local emergency related to tl�e dainage
ca�iseci by the stoi�m of Februacy 12-14, 2019.
R�COMM�NDED ACTION(S)
l. Approve a Resolution terminating the local emergency related to damage caused by a
storm which occurred between Febr•uar}� 12,2019 and Februa►- l�l,2019.
I3ACKGROUND
A storm system beginninb on Febr�iaiy 12. 2019. a�-rived on the Tibucon Peninsula, resultinb in
rainfall totally over 7 inches in a short time period. Several la��dslides occurred durin; this
ti m efi•ai��e.
The tirst slide occiu-red near 1435 Vistazo West, causing ext�ensive damage to the road, and
forcinb a road closure which limited access for eight single lamily homes beyond the location of
the slide to pedestriai� only for a period of time. In adclition, ovcr 1�0 additio��al homes along
Vistazo West lost gas and power for ai� extended period of t'ime.
The secoi�d slide occurred near 2032 Paradise Di�ive. This slide resulted in debris coverii�g both
lanes of trailic on Paradise Drive.
In respoi�se, the `l�own Co�mcil approved a resolution declaring a local emergency on Febi-ua�y
20, ZOl 9. The local ei��ergency declaratioi� allo���ed the To�-vn to expedite repairs. ai�d to seel<
reimb�u�sement from State and Federal sources for the cost to miti�,�;ate and repair tl�e damage.
The emergency situation has ended, the necessary repairs have b�en macle, and an emergency
declaration is no longer required.
TOWN OF TIBURON PAGG 1 OF 2
ANALYSIS
In order to end the emer��ency; the Town Gouncil m�ist approve a resolution terminatin�� the local
emer«ency that was declared on E�ebrtiary 20, 2019.
FINANCIAL IMYACT
There is no direet financial impact to the '�I�'own throu�h appt�oval of this Resolution. /1
reimb�n�sement request fo�-the Town's costs in the amo�int oi�$682.850 have been submitted to
the California �ffice of Fmei-bency Services (C'710FS1. F�deral Fmergency Management
Agcncy (�EMA) has obli��ated ��}67,985, and CaIOES has obligated $128.696 fior the repairs.
I;NVIRONM�NTAL RLVI�W
_,_ . . . . . . . .
�'iaii nas p�'e imir�ar�uy cieiei`r�ine�i ihai adopit�r� oi this itei�r is si�itutor�iy exen��pt iron�� ihe
requiremei�ts of the California Environinental Q��ality Act (CEQA) pursuant to Section 15378 of
the CC:Q/� Uuidelines i�� that it does not constit��te � }�i-oject ����der CEQF1, and if it were found to
constitute a pro,ject, it �o�ild be exempt p��i•suant to the bei�er�l rule set 1�orth in CEQA Guidelines
Section I�06 I (b)(3).
I2CCOMM�NDATION
Staff recommends that the Town Council:
I. Approve a Kesolution terminatinb a local emer�ency related to dam�ge caused by a
storm which occ�u�red between Februa�y 12, 2019 and February 14, �019.
E�hibit(s): DRAFT Resolution
Prepared E3y: Steve❑ Paliner, Director of Public Worl<s/Town Engineer
"l�o����� ol�"I'i[��:�uo�� P�cr�: 2 or2
EXHIBIT 1
DRAI'T RESOLU'TION XX-2020
A R�SOLUTION OI' TH� TOWN OF TIBLiRON PROCLAIMING THI,
T�12MINATION O1+ THE LOCAL �MTRG�NCY Dl?CI,AR�D ON FE13RliARY 20,
2019 AND CONTINUEI) THROUGHOUT 2019 AND EARLY 2020 FOR THE STORM
ACTIVITI�S AND �LANDSLIDI: OCCUI2ING IN TP:BRUAI2Y 2019
WHTREAS_ pw-suant to the California Emergei�cy Services Act (C�ll. Gov�t. Code
���»50-ab6oj, �ii Fc�i't��iy ZG, 2G19, ii�ie i ow�� Cuurtcii ��i ii�e "i'ow�n ui�i�ii�w�un ratiiied a
proclamatio�� declaring the existence o'f a local emergency resultin<7 �fi�om the mudt7o���
disaster that co�»��������� o�� F�br����y 12; 2019; ���c�
WII�REAS. the initial emer�ency action o�P Februa�y 12_ 2019 has ended �-vith the
completion o'f necessary repairs; and
WH�R�AS. p�u•sua��t to Government Code section 8630(d), the termination of a local
emergei�cy sh�ll be proclaimed at the earliest possible date t�hat conditions warrant.
NOW, TI3EI2�FOR�,B� IT R�SOLV�ll AND ORDI',R�U 13Y TH� TOWN COUNCIL
OF T�IE TOWN OF TIBURON, STATE OF CALIFORNIA, TIIAT:
Sectioi� 1. The Town Council ofthe Town ofTiburon, C;alifornia he��cby proclaims the
termination ofthe local emer�ency declared on February 20, 2019 and efifective immediately
��pon adoption of this Resoltirtion.
PASSED AND ADOPTFD at a rebular meeting o�f�tlie To�vn Council ofthe Town of
Tiburon on the 1�` day of April, 2020, by the followin�� vote:
AYES: COUNCILMEMB�RS:
NAYS: COUNCILMEMBERS:
ABSEN"I': COUNCILMEMBERS:
__ _- . _.___ _.---
ALICI E�Rf Dt:R1C KS. M�YOR
TOWN OF TIBURON
A�l"I"E ST:
L[:A STf F�1N1, TOWN CLERK
Pa<�c 1 of 1
Town Co�mcil Kesol��tion No. XX-2026 DRAFT 04/01/2020
I�own Council Meetii��
TOWN OF TIBURON April 1, 2020
���� 1505 Tib�u�o�� Bo�ilevarci ngenda Item: CC - 3
� � Tiburon. CA 94920
. �_..�...
' ' 0 '
To: Mayor ai�d Members of the To�-v�� Council
I�'rom: Office of the Town Attoi-ney
Subject: Adopt Resolution Granting A�peal ofthe Planning Commission�s
Interpretation Determination at 4)0 Rid��e Road
�'
,'� .� �
I2eviewed By: ��,,� ,y;.,�,�,;��.
GreU Chanis,Town Nlana�er [3enjamin $tocl<. To��m Attorne�
SUMNIARY
On March 4, 2020,the Town Council held a public hearing to consider an appeal of the Planning
Commission's interpretation determination of the To�m's Zoning Ordinance. The Council directed staff
to prepare a resolution granting the appeal, which now comes before the Council for adoption.
R�COMM�NDTD ACTION(S)
1. Adopt the Draft Resolution(�ahibit 1) granting the appeal, by adoptioi� of this item on the
Consent Calendar.
BACKGROUNll
On Decembet- 9, 2019, thc Planning Com�r�issioi� held a cluly noticed meetin<� t� adopt a
resolution on the interpretation ofthe To��n°s Zonin��? Ordinance requested by the Comi��unity
Developmei�t Director. At the hearin�, the Plani�ing Commission determined that a n�w lot
covera<,�e variance was not needed for the application submitted b� the o�vner o1�490 Ridbe Road.
The neighbor located at 480 Rid��e Road timely filcd an appeal of the Plani�in�Coi��mission's
interpretation deteri��ination to the "To���n CounciL On March 4. 2020. the "(��o��n Co��ncil held a
duly-noticed public hearing on the appeal ofthe Plannin�� Commission's decisi��n.
niter the close of p�iblic l�earii�b, tl�e Towi� Council voted 4-0 to direct st�iff to prepare a
resol�itioi� grantii�g the appeal for consideration for adoption at the next mcetin��. The resoluCion
no�v comes before the Town Colu�cil f�or adoption. The draft resolution is attached as ��hibit 1.
ANALYSIS
No further analysis provided.
FINANCIAL IMPACT
T0��1�\ OF TIBURON PAGE 1 OF 2
Staff anticipates no direct tiscal ii��pact to the Town by adoption of�this resolution.
�NVIRONM�NTAL RI,VIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (C�QA) pursuant to Section 1�37b of
the CEQA Guidelines in that it does not constitute a project under CEQA.
RCCOMM�NDATION
Statt�recommends that the"l�own Council adopt the Draft Resol�ition (Exl�ibit 1) bi-antinb the
�
a��ezii, as pari oi ihe �onsent Calendar.
Exhibit(s):
I. Draft Resolution
Prepared 13y: Benjamin L. Stock,Towi� Attorney
Tow��� or`d�iii��rz<��� Y.i�,r: 2 or�
EXHIBIT 1
ll12AFT R�SOLUTION NO. YX-2020
A RCSOLUTION OF T�-II; TOWN COUNCIL OF T'HE TOWN OF TII3URON
GRAN'I'ING AN APP�AL BY CAVI 1985, LLC, TO OVTRTURI�' THL
PLANNING COMMISSION'S APPROVAL OF AN INTTRI'12�TAT10N
DI?TL'RMINATION REQU�ST�D BY TI-IE COMMUNITY llTVTLOPM�NT
DIRTCT0�12 RCGARDING TIBURON MUNICIPAL COD� S�CTION 16-52.030
(VARIANCC), AS 1T APPLIES TO S�CTION 16-21.040 (I2ESIDCNTIAL ZONE
1�i�.Vi;L�i�liieiV'I' STAl'v�Ait�i�j i+��i 1ViEiXllviiliVi L�"T i,i�Vi.i��t�1�,
ALLOWANCE OF 15'%> FOR RO-2 'LON�S FOR AN APPLICATION TO ALTLR
�,�v �Up�,�i�rvET ���� AT 49� R?L��E ?��?A�?.
(ASS�SSOR PARC�L NO. 059-082-06)
WHFRF,AS, oi� September 26, 2019, the owner of 490 Ridg�: Road, Stephen
Sch�,val�tz ("nwner`' or `'Ap�licant") submitt�d an �pplicatio�� 'for � Site Plan anc! A��chitectui-�1
Revie�v to reconfii��iu-e his �ipper level decic. The existinb decl< �xceeded the maximum lot
covera��c by virtue of prior granted variances. The proposal solight to shifit 2.1� % of the existing
eacess lot covera��e to a di{�fei�ent location of the decl<;
WHEREAS, the Plai�ninb Director sought an interpretation determination fi-om the
Plannin�� Commission o�f�T'iburon Municipal Code (TMC) 16-52.030 (Variance), as it applied to
TMC ti 16-21.040 (Residei�tial Dcvelopment Standards) on the issue of whether a new va��iance
wo�ild be required in order to shift the previously approved eYcess lot covera��e to an area that
�-v�s not considered durin�� the previous vai-iance approvals;
WI-IF;REnS, on November 13, 2019, the Plai�ning Commissioi� held a duly noticecl
meetin�� on the interpretation determin�tion of the Zoninb Ordinance requested bv the dil-ecCor.
At the hearing. the Planninb Commission deter•mined that a new variance w1s not needed, and
directecl sta�t�t� to prepare a draft r�solution for adoption at the next ���eetinb. The o�fficial record
For that meetin« are hereby incorporated and made part of this Resolution. 'I,he record includes,
�-vithout limitation. staff� reports, exhibits, minutes, correspondence, ar�d �II comments anci
materials received at any public hearings;
V�iHE�REAS. i�n December 9, 2019, the Pl�nninb Commission held a duly noticed
meetin�� to adopt the Res��I�ition. Pi-ior to adoption; the Resolution was removed fi-om the consent
calendar and �-vas opened up for additiona) discl�ssion. The al�ficial reco��d for that meetin�� is
hereby incorporated and made pa�-t of this Resolution. The record includes, '�vitl�i���t limitation.
stal�f reports. e�hibits, minutes_ eorrespondence; and all comments and materials received at any
public hea��in�rs:
WHI��RLAS. ��t December 9, 2019; hea�-i��b, the Planning Commission maintained that
a ne�v variance applicati��n is not required for existinb execss lot coverage, �inle�s the Desi�n
Rcvie�-v Board determine� that the prior v�riance for excess lot covera�e for a number applied to
a specific location:
%oirn(��oru�cil IZe.sohuion A�a. l�R,il��T-�O?0 .lpril l. 20?O Pci�e ! o/�'
W1-1C:REAS. the ��eighbor located at 480 Rid�e Road timely filcd an ap�eal of the
December 9, 2019, Planning Commission interpretation determination to tl�e Towi� Council:
WHEREAS, after the appeal was filed. but before the matter ���as put before the To�-vn
Council. To�vn St�a�ff located Tiburon Administrative Policy 2018-03 (Variance ai�d Floor nrea
Exception Policy a��d Procedw�e). which indicates that� the past p�-aetices of the Town have been
to construe variances narro�vly, and that for lot coverage variances, the location of the approved
improvemei�ts that accompanied the lot covera��e variance wei-e i��tei�ded to be linl<ed;
WHEREAS. on March 4. 2020, the �Tow�� Co�u�cil held a duly-i�oticed public hearinb
on the appeal on a de novo basis. du��in;� �a�hich testiinony was heard and conside�-ed regardii�;
thc Planning Commission's interpretation determination of the Zoning Ordina��ce that a ��e���
variance application is not required for eaisting e�:cess lot coverage, w�less the Desibn Review
Board previo�isly deter���incd that the pi�ior �-ariai�ce was for a number applied to a specific
location; and
WHEREAS_ at tl�e conclusion of the appeal hearing, the Tow�� Couneil voted 4-0 to
direct staff to prepare a resolution ��rantin� the appeal fior the conside�•ation of adoption at the
next ���eetinb. The Council determined that the lot coverabe variance applies to the improve»�e��t
� that were subject to that variance and cannot be used for a reconf7buration of the already
exceedinb lot covera�e �>>ithout obtainii�<r a ��e�� variai�ce.
NOW, T}-�EREFORE. BE IT RCSOLV�D that the foregoing Recitals are tr��e and
correct and are incolporatcd herein and fio�-m a part of tl�is Resolution.
I3E IT FURTHER RESOLVED that the Town Council of the Town of 7'iburon
hereby grants the appeal of thc Appclla��ts and that lot a covcrage variance applies to the
improvements that �vere subject to that variance a��d may not be used for a i•econfib�n-ation ofi
existin« e�cess lot coverage ���ithout obtainin� a varia��ce for the location of the proposed excess
lot covera�e.
P�ISSED nND nDOPTLD at a re��ular i��eetinb of the Town Co�incil on April l,
2020, by the following vote:
AYF,S: COUNCl1.ME:MI3E:E2S:
NAYS: COUNCILMEMBLRS:
ABSENT: COUNCILMk�MBERS:
ALICE FREDERICKS. MAYOR
"1�OWN OT TIF3URON
nT1�F sr:
LF,A S"l FFANI. "I�OVVN CI.I�KIt
. Toirn(�oru�cil 2esolntinn V�o. DIZ.Il7�-'O�0 .-Ipril l. 20?O Pr�ge 2 qf 2
Town Council Meeti��<�
TOWN OF TIBURON �I��"�� �- 2020
�
��° I505 Tiburon Boutevard A�;��i�da Item: CC- 4
� �- Tib�u�on. CA 94920
. --=._--
' ' A '
To: Mayor and Members of the Town Council
From: Department ofAdministi•ative Services �
Subject: Recommei�dation to Accept the Tebruary 2020 li�vestmcnt Summary
;`
Reviewed By: �,;�
%!i'� - N/A
Greg Chanis,Town Mana��er Benjamii� Stocl<,Town Atton�ev
SUMMARY
Staff pro��icles the Town Council a monthly repo►•t on the Town's investment activity. This report
is for the�nonth ended Febru�ry 29,2020.
R�COMMENllI:D ACTION(S)
1. Staff t-ecommends that the Town Council:
Move to acce t the Investment Su�nmary for February 2020
� I3ACKGROUNll
P�n-suant to Government Code Section 53601, staff is rec�uircd to provide the Town Council �vith
a report regardin��the Town's investment activities for the pe�-iod cnded Februlry 29. 2020.
ANAI.YSIS
I'ebrua►y 2020
Abency Inter•est
Investment Amount Rate Matu►-it��
To�vn of Tiburon Local Agenc�� Invest�uent �23,35),249.61 1.912'%� Liquid
Fund (LAIF)—
I3eginning 13al�nce as of
02/O1/2020
Total �ncling Balance as of �22,859,249.61
02/29/2020
The total ii�vested at the end of tl�e prior mo��th was $23,359,249.61 therefore_ the To��n�s
investments deci-eased by $500.000 i�� Febi•uaiy 2020. lnterest is posted by LAIF quarterly.
To���� or Tiau�o� Y;ace 1 or�2
Attach�d as I;xhibit 1 to Chis report is thc "l�ow-n's Public flgency Relirement Services Februaiy
� 2020 Statement �Por its Section I 15 Irrevocable Trusts for Other Post-Employment Benefits �u�d
Pension.
FINANCIAL IMPACT
No tinancial impact occurs by accepti��g this report. `T'he 7�owi� continues to meet the priority
pri��ciples of�investing —safeCy, liquidity anci yield in this respective order.
�1l���I1201V1�/I�1�1T'AL, la�+'.d�i?�J
Siafi�i�as preliminai�ily determi��ed that acceptance ofthis investmentsumma�y is statutorily
exempt fi-oi�� the requi�-ements of the California Environmental Quality Act (CEQA) pursuant to
Section 15378 ofthe CEQA Guidelines in that it does not cor�stitute a project under CEQA.
R�COMM�NDATION
Staff recommends that the Town Council:
� Move to accept the Investment Suinmz�y tor Febrtiary 2020
' Exhibit(s):
l. PARS Section I I S'Tl•ust Account activiry for �ebruary 2020
Preparecl By: Suzai�ne Creel:more, Director of i\dministr�tive Service;
'To����� or"T�tit�ao�� Y:�cl;2 or 2
EXH I BIT 1
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1'fJ�Y;'J(�1�"I1L'7 I�f).�" :'�ecoi�rat 12e�tsc•i#�vr t}�e�'eriuil
� 1'AI�J I'c�st-.�:�Paptc�yrtzent P3nrae�iPs:l'rf€.st 2ili2t�20 t€� 2!291�(?20
(ir:�U Charis
T'ativn Ma:ra��r
"1'o�i n of"Ii buron
150�"I'it���rcts F31vci.
Tiburoxl,t'��9�i42U
t�cct���t1t �u��as7a�����
. Salanct'�as of 1?alnnce as o1�
Source '„/312�17.(i Cm}tr�k�iziiorEs k;arninns �xpenses DistribuHons Transfers L29r2t}20
OPtr.ii � �7�.�.�`�_'� ..'.`�` .S( � '� fi 7� �:I '�'t�f_j� ���( '�tfl(1 k^ t Sti�?'2';
._ , ,q.__ C.�O .C..,., , ,.f, , ..
-' ' '` i.. ti". . ... � .._ j,� p .., i �q.• S d(��.
__.�:..1�)['� . . _ � .,-. �_... .l� '�:�.;? J1.n:31.J� �(} .�) ��.�U , i �,FV:�.i
7'o€als �l,I'?2.5:3.s�+) �{).f){) -412^,9??.24) �3;L22.92 50.60 $U.04 5�3,0�3,353.7^
�a�d�c��t�rae��4 �el�c�i���
s��uo��
;;?.i::s Baianced in<3ex PI:Uti
PFiASSON Aloderately C'oaservt3tive Iadex P�:C;S
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Town Coui�cil Meetin<�
TOWN OI; TI1311RON �p���� �. 2020
��� 1�OS Tiburon Boulevaed Abei�da ltei�: PH - 1
� � Tiburon. CA 9�920
, _._....
' ' 0 '
To: Mayor and Members of the Town Coui�cil
From: Oft7cc of tl�e To���n Ma��a��er
Subject: Marin 'Telecommunications Abei�cy (MTA) Dissolution and Authorization of
the Marin General Services Authority (MGSA) to Collect Franchise and PEG
Access Fees from Cable '�l�elevisions Providers and to Exe�•cise All Powers ai�d
F�u�ctions Associated with tl�e Digital Infrastruct��re and Video Competition
Act (Introductioi� ai�d First Readin� of Ordinance)
�
,...
Reviewed By• ��,,� �J,•i,�,,�
�t�,t_ _ ;,_...�.�;
Gre��Chanis.To��vn Nlana��er Ben'amin Stocl<_Town Attorne
SUMMARY
On Pebruary 12, 2020, the Marin Telecommunications Agency (MTA) Board of Directors voted
to initiate a transition of all MTA's functions into the Marin General Setvices Authority
(MGSA). To effectuate tl�e ti-�u�sition, the Towi� Co�n�cil must considei•adoption of a Resolution
(�xhibit 1) authorizin� MGSA to exercisc thc� f�mctions previously pei•formed by MTA, and
revisions to the Towi�'s Municipal Code (�xhibit 2) to repeal the Ordinance th�t previously
formed the MTA.
RECOIVIMENllEll ACTION(S)
l. Adopt the Dra�1�l Resolution (rahibit 1) authoriring t�he Marin General Sei•vices
ALithority (MGSA) to collect franchise and PEG Access fees from cable television �
providers on behalf of the Town, ai�d exercise all of the functions previously perfor���ed
by the Mai-in Telecommunicatio��s Age��cy (MTF1).
2. Hold a Public Hearing oi� the draft Ordinance (Exhibit 2) and consider�i�y testimony.
Mal<e a motion ta read by title only and carry the motion; then read the title ofthe
ordinance and hold a roll call vote to pass the tirst readii�g, tivaiving any additional
readings. If the orciinance is passed for first reading; the ordinance will be scheduled for
aclo�tion at the next re<�ul�r meeting of the Town Co�u�cil.
BACK(�ROLJND
The MTA was formed in I 997 as a Joint Powers Authority (JPA) with the adoption of a
"Telecoi��munications Ordinai�ce'' b�� each o�t�its mci��ber aQencies. Originally, the mei��bers
hoped that the MTA could negotiate local franchise; for all types of teleconununications
i�acilities. thus tlie name of the oi��,�anization was chai�ged fi-om the "Marin Co�u�ty Cable Rate
Regulation Joii�t Po�uers Authority�� to M"l�A. A1-t�er the fo�-matio�� ofthe MTA, chai�ges to state
TONT' OI��TIBUROi�' PAG� 1 OF 4
�nd lederal law eliminatecl local franchise authoriCy over telecomm�u�ications entirely. however.
le�ving the MT�1 in much more limited role. At tl�is point in time, the M'���A's role is primarily
administrat�ive; trai�sitioi�ing of MTA fui�ctions to the MGSA will result in �7reater effiiciency ancl,
in tl�e long run, reduced overhead costs �ssoci�ted with the MTA a��d a lar�rer proportion of
fi�anchise (�ees returning to the CiCy/To�vn/Coui�ty.
In 2006. the State of Califo��nia passed the Dibital Infi-astructw�e ai�d Vicieo Competition Act
(�DIVCA`�), which preempted local cable television franchises and moved cable television
providcrs to a state 1�ranchise system. Wit�h this change, MTA went f�-om negotiatin�� local cable
ti-anchises to simply servi��b as the "local entity" a�ithorized to colleet state-���andated franchise
and PEG fees. Additional changes to state and federal law have continued to erode local
�OVei'ilillelii i�Z�ii�d�0i"j� COil�iO� diiu OV��Sib�li Oi iEiZCOil7i17L711iCz1tiOflS. �ili'i'elliiy, iile Tvi�i ��S
primary p�u-poses �re to collect franchise and PEG fees on behalf of the member agencies.
oversee its designated PEG access provider abreement with Community Media of Marin County
�i�M�M�. �iiiii iG aUuii Stat2 i'I"ai3C�i1Se }i0i�21"I'ECOY�{� c�S a�]�i'G�i'i�tE. i i1e1'� iS i10 ilEC;ii i01" �i
separate JPA to perfiorm these functions.
In Novembe�-2019, the MTA Board directed staffto begin examining alternatives Co its c�n�rent
structure. including total dissolutio�� (with each mei��bei-abency assuming responsibility for
- collecting f�r�nchise fees and providing PEG access), contr-�ctinb with one ofthe MTA's member � �
agencies. or h�ansitionin� MTA into another JPA, the Marin Gei�eral Services Authority (MGSA).
The I�o1rd referred the detailed consideration of options to its Finance and Police (�'&P)
Committee members, comprised of Char Barbara Coler, Viee Chair Sashi McEr�tee. Andrew
McC�illo�igh, Dennis Rodoni, and David Kulil<. The F&P Committee met on December 12, 2019
to discuss possible trai�sition options, includinb the followinb:
a) Retai�� existing MTA structure and recruit a new Executive O�fticer
b) Retain existing MT'A st�ructure and contract with a Member Abency for ope�-ations, such
as the Co�inty uf Marin or the City of San Rafael
c) Dissolve MTA a��d ti-ansfer its functions, whieh are now primarily administrative, to the
MGSA.
d) Dissolve the MTA entirely, allowinb individual member abencies to collect ti-anchise fees
�u�cler D1VCA and separately contract for PEG services.
Retainin�� the existin�� 'VITA structure, the» eontractinb tivith � member a��ency fo��operatioi�s was
determined to be a more expensive option to run the �gency. Nevertheless. the F&P Committee
asl:cd staf�f to contact the County of Marin and City of Sa�� Rat�tel to determine anv interest. Atter
� revie��-in�� the le<�a) memo prepared by MTA and ii�terna) conversations, the j�irisclictions did not
e�pres� any interest given other viable options, particularly the h-anster of fui�ctions to MGSA.
With the Committee's authorization, staffi also disc�issed options with MGSA Executive Ol�ficer
Mich�el Franl<, who shared the infoi-i��ation with tl�e MGSA I3oard of Directors. T'he Marin
Managers Association (MMA) was also approached regardinb theii- input and anv concerns they
mi��ht havc. MTA Ch��ir Coler spol<e �vith CMCM F,xecutive Officer Michael Eise�u»enger to let
him I:no��� about the p��ssible chanb�s, since CMCM holds a I<ey stal<eholder role with the M�I�A.
`]�he Committee asl<ecl stafit to report on the infot�matio�� gathcr�ci to the MT� E3oard.
�1�0�V�V� OF�I�IBL�RO\ P:�GI�: 2 OF 4
The F&P Committee members brietly cliscussed the full dissolution of tl�e MTA ai�cl ret�u�n of its
f�u�ctioi�s b�cl< to the individual member agencies and determined that this optioi� would result in
increased ii�dividual costs. administrative b�u-den, and loss ofeconomies oi�scale, mal<in« it�l
n�ore cumbersome option for the member jiu�isdictions.
f f the t�ransl�er of responsibilities to MGSA was not feasible, the F&P Committee was leani��<,�
towards the hirii��� of a ne�-v Executive Ofticer.
After analysis. transitionin�� the iv1T�°s statutory, adi��inistrative, ��nancial, and co��tract
mana��ement fu��etioi�s into MGSA ���as determined to be the »�ost viable, efficicnt, and
fii�a��cially be��eticial option, and on Februlry l2, 2020, the M'�I'A I3oard of Directors voted 9-0,
���ith one me»�ber absei�t. to initiate the transition by Ju��e 30, 2020.
ANALYSIS
The preferred option of consolitlatii�g MTA functions into the MGSA prograu� structure has beEn
discussed and considered periodically over tl�e past several years. The issue arose abain with a
2019 Civil Grand J�n��° rcport sug�est�in�� such a coi�solidation talce place. As discussed in the
Grand Jury respoi�se, the propositioi� �%as not possible at the time. Those impediments no longer
exist.
The collective financial bei�cfit to n�ember jurisdictions in dissolviil;the MTA and transferring
its functions to the MGSA is significant. While expe»ses the first fiscal year wil( most lilcely
re�nain the sai��e, fut�n�e yea�-s should generate annual savings i�l the $]00,000 ra��be as elements
of MTA's ���orl< pro��ram become fully incorporated into the program structur-e of MGSA. Any
savings will be realized by the member agei�cies as it will reduce the overhead deductions fi�om
disbursed ti-anchise fees (1<eepin�� in mind that such fees are expected to decrease for a variety of
reasons).
Additionally, multiple shared service levels are already occurring with MGSn and MTA. The
two JPAs coordinzte and/or have thc same offiee space, accountin� and fi��a��cial staff: oftice
furnishings and equipment. i�ecords management syste���s, internet provider, phone system.
insurance providers and independent auditors. "T�he MTA Executive Officer a��d the MGSn
Exec�itive Officer also provide <�eneral administrative bacl<up to each othei- and share some
limited clerical support.
If the recommenclation described above is approved by a majority of inember jurisdictioi�s, the
last ineetin�� 01 the M�TA [3oard �-vould lil<ely occ�ir on Wednesday, J�u�e 10. 2020 to close out tl�e
MT�1 and con�plete the trai�sfer of functions to MGSA. I�� addition; the subsequent tasl<s that
i�eed occur are clescribed bclow.
• The Designated nccess Provider Agreeme��t between MTA a��d thc Commui�ity Media
Center of Marin (CMC1��1) ���ill he transferred to MGSA for fut�n•e n�anagement ai�d to
assure contin�iation of tl�e community media services that the MT�jurisdictions have
enjoyed for manti� years.
• M"I�A and MGSA ���ill �-vorl: ���ith the Cou»ty of Marin and othe�-member agencies to
develop a seamless transition oi�linancial and adir�inistrative functions from MTA to
MGSA.
To����� or'��i►3��izo�� — P:�ci��3 or�b
• M`l��A �nd MGSA �-vill coordii�ate to assi��n or transition �II cont��acts to MGSA.
� • M"I�A ancl MGSA will prepare a joint estimated Fiscal Year 2020/21 bud��et toi� the
Program which will both continue the administrative/tii�ancial/contract f�inctioi�s o1�M"t�A
while also providii�b transition funding to complete the process over thc next six to 12
� months.
• "l�l�e MTA's PEG fee ordinances for Comcast �T&T� and I-lorizo�� ���ill be transferi�cd to
MGSA for fut�u�•e mana;ement.
On March I 2; 2020, the MGSA Bo�rd of Uirecto�-s voted 7-0 to accept M"�'A as a program in
MGSA_ eff'ective J�i��e 30, 2020, including a fee oi-ciinance thG,l' �vil1 s�llo�-v tl�e MGS� to �ollcct
P�G fee reve��ues on behalf of participati��g member abencies.
The clraft Resolution (Exhibit 1) authorizes the MGSA to collect franchise tees and perform all
other lunctions pr-evio�isly performed by the M7,A on tl�e "To�-vn's behalf. The repeal ol�the
o�din�uice i;iai o�ibii�aiiy io��njeu the Ni`t',�i is »eces5ai�y in �rcier io termii�atc ti�e MT� under iis
agreement offormation. The repealed ordina��ce does not impact the Town's zoning regulatio��s
� regardii�b tclecommunications facilities. Both ���ust be ado�ted in oj-dei�to efifectL�ate the
termination ofthe MT'A a��d the transfer of its powers and obli�ations to MGSA.
� � �� � P'INANCIAL IMPACT �� � � � �
Stafl�antici�ates no direet tiscal impact to the Town by the adoption of this Kesol�ition or
Ordinance.
I��NVIRONMENTAL REVI�W
Staff has preli�ninarily� determined that adoption of this item is statutorily exen�pt from the
�-cq��irements ofthe California Envi�•onmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA G�iidclines in that it does not constitute a project under CF�QA.
RTCOMI��IENDATION
Statf recorni��ends that the Town Council:
1. Adopt the Draft Resolution (�xl�ibit 1) autl�orizi��<�? the Marin Gener�ll Scrvices
A�ithority (MGSA) to collPct �fi�anchise and PFU Access fees f�rom cable television
providers on be}�alf of the Town, and e�ercise all of the functions previously
per�formed by the Mai-in Telecommunieations Agency (MTA).
2. Hold a Public Heai•ing on the draft Ordi��ance (I:xhibit 2) and eonsider any testimo��y.
Mal:e a motion to read by title o��ly a��d carry the motion; then read the title of the
ordinance and hold a roll call vote to pass the tirst readin��, �vaivin�� �n}� addit'ional
readin<;�s, ]f the orclina»ce is p�tssed for first reading. tlle ordinance �-��ill be scheduled
for adoption at the next rebular meeti��b of the 'T�own Co�incil.
Ezhibit(s):
I. Uraft Resolution
2. Draft Ordii�ance
TO�\�:A� OI���I IBL�RON 1':�GF: �d OF 4
EXHIBIT 1
DRAFT 12CSOLUTION NO. XY-2020
A R�SOLUTION OF 1'H� TOWN COUNCIL OT THE
TOWN OF TIBURON AUT1-IORIZING TI-IT 1VIARIN
GTNERAL SERVICI,S AUTHORITY TO COLLTCT
FRANCHIS� AND PEG ACC�SS FF,�S FROM CABLL
TELEVISION I'ROVID�RS AND TO LXL;RCIS� ALL
POW�RS AND FUNCTIONS ASSOCIATED WITH THI:
'�ivi i Ai.� I'1`�I1 i�Ar.��"3'1'.'�'�';i.)3:i�'. A1:"�J' `v :L'E'�'
c:o��>�rY�r�o� ac r
WHEREAS, in 1998, the Cities of Belvedere, f_,arl<spur. Mill Valley_ and San Rafael, the
Towns of Corte Madera, Fair'fax, Ross, San Anseli��o, Sausalito, and Tiburon, and the County of
Marin adopted an ordinance and entered i��to a formation agreement est�blishii�;� a joint powers
authority, the M�rin Telecommunications Abency (MT�). to oversee and re�ulate a �ariety of
telecon�munications se►•vices, incl�idinb cable television and video services.
WH�REAS, the MT/1 is boveri�ed by a board of di��ectors composed of elected i��embers
oi�the membe�•abency's legislative bodies.
WFIER�AS, the MTA evolved fi�om tl�e Marin Co�inty Cable Rate Reb�ilation Joi��t
Powers�1��thority,which was foi-med in 1994 to administer cable television services ii�tl�e County.
WHER�AS, the Marin Telecommunications Agency �vas created in response to
Telecommunications Act of 1996. At that time, local a��encies anticipated that local franchise
atithority eould exp�nd to include other foi•ms oftelecomm�inications. however, this did not oce��r
as evolving state and federal law preempted local control over thc public ribl�ts-of-way.
WHEREAS, prior to November 2006, th� MTn negotiated and approved ti�anchise
a�eeements with cable video service providers. ii�cl�idii�g the preclecessors to Comcast, AT&T, and
I Iorizon.
WH�RI.AS, in November 2006, the State of California enacted the Digital I��fi•astruct�u-e
and Video Competition Act ("DIVCA"), which superseded local governments' authority to
nebotiate cable television fi-anchises and to negotiate For fi-anchisc fees.
WHTR�AS, despite its c��rrent name, the M`I��.A's role is limited to overseeing cable
television fi-ancl�ises and it does not have the luthoriry to tal<e a policy role on broader
telecomm�u�ications issues.
WHEI2I.AS, D1VCA sets the maxim�im �mount of franchise �fees and Public, Education
�nd Government ("PCG") access fees that local ��overnments can collect.
i�VI-IER�AS, in Jwie 20�8, tl�e M`I��A ei�tered into a Detlicated necess Pi�ovider (DAP)
Agreement with tl�e Com�minity Media Center of Marii� (CMCM). b�sed in San Rafael, to deliver
PEG access programming and services within the MTA service�rea. In accordance with CMCM's
bylaws,the MTn appoints two members to the board o'fdirectocs ot�CMCM; usually one city/town
manager�and onc elected ofticial.
Page 1 oi�4
"l�o�vn Council Resol�ition No. XX-2020 DRAF`l� 0�1/Ol/�'020
WII�R�AS, sii�ce, 2009. CMCM has broadcasted PEG pro��rams. provided equipmei�t
(throu<�h P[�G access fees) for recording government meeTings and other capital expendit�n�es_ and
provided classes, ti-ai��ii�g, ai�d a media eenter �from which i-ei��otc and on-site locally produced
pro;�rams could be delivered.
WHEI2I:AS, in June 201 1, the MTA converted its local cable television (i�anchises to state
fi�anchises under DIVCA.
W��IEI2L;AS, ii� 2012; a dispute ai•ose with Comcast over the payment of PEG fees aftcr
MTA's transition ii-om local fra��chise to DIVCA, the M�I�A a��d Comcast entered into a settlement
a��reemei�t whereby the MTA agreed to split PEG fees until Comcast ���as able to recover $3.1
million that Comcast had paid under the local franchise abreement.
WH�RTAS, in oi•der to compensate for the loss of PEG revenues to CMCM �s a result of
the settle���ent agl-eemei�t, in May 2014, MTA and CMGM approved an an�endmei�t to the DAP
a�,�ree���cnt to provide one-time bridbe fundi��; to CMCM to cover the sl�ortfall in PEG revenue
uncler the mutual understanding that this was a one-time request.
WHEREAS, i�� 2015, the City of Larl<spin• withdrew from the M�(�A. leaving the ten
currei�t member agencies: County of Marin, City of Belvedere; "Town of Corte Made��a. Town oi�
(=airfa�, Ciry oi�Mill Valley, 7"own of Ross, Town of Sa�� Anseli�io, City of San RafaeL City of
Sausalito, a��d Z�own ofTiblii•on ("MTA Men�bei•Agencies"). The MTA subsequently entered i��to
an agreement with Larl<spur to provide PEG access.
VVHERTAS, subsequent to the adoption of DIVCA and other cha��ges to state and i�ederal
Ia4v further limiting the abiliry of local gover��ments to regulate telecommunications facilities, the
M"l-A no longer tal<es the active policy role tl�at it did prior to the adoption o1�D1VCA.
WH�REAS, the MTA's role has become primarily ad���inistrative ii� that it collects ai�d
ciistributes ti-anchise fees to the member abencies, transfers PEG access fees to CMCM and
c�versees its operations, and reviews and audits the payment o�i�such fees bv state-franchised cable
television providers.
WH�R�AS,the Marin General Services Authority ("MGSA") is a_joint powcrs authority
1-ormed on October l_ 2005, by the City of Belvedere, To���n oi�Corte Madera, To���n of�Fairfax,
Citv of Larl<spur. City of Mill Valley, City ofNovato, Town of Ross. �l,o���n ol�Sa�� /�nselmo. Ciry
of San RafaeL City of Sausalito, Town of Tiblu-on, County of Marin. I3el 1��9arin I<evs Community
Services District, and Marinwood Comi��unity Serviees District, for the p�u-pose of financin��.
implementin��. and manabinb the various municipal services assig��ed to the nuthorit�y.
WI3�RTAS,the MGSA has a sta�1�I=1eve) board ai�d administers a nui��ber of pro��rams in
Marin County. The MGSA performs primarily administrative �Eui�ctions, avoidin�� si<�niticant
involvement ii� policy decisions (sig��if��cant or contentious policy considerations are gei�er�lly
directed bacl< to its memb�r agencies).
WHLREAS, D1VCA authorizes a"loc�l e��tity"to perform certain functions including but
not limited to th� collectio�� of�state fi-anchise fees. exai��i��e the records oi�state ii-anchise holders,
ciesi<rnate the PI��.G channels operator, and adopt an ordinance to establish and collcct P�G access �
Par�e 2 of 4
T�o�vn Council Rr�olution No. XX-2020 DRAFT 04/Ol/2020
iees. It is not necessary to maintain a joint powers authority specifically for these tin�ctions. "Local
entity" is detined by Public Utilities Code SecCion �830(j) as a "city, county, eity and coimty, or
joint powers authority within the state within ���hose jurisdiction � holder of a state franchise under
[DIVCA] may provide cable service or video service.'�
� WH�R�AS,since 2008. the MTA [3oard and I�inance and Policy Committee has enbabed
� in stratebic planning discussions regardin�� Che futw-c of the MTA. Since 2016, the MTA has
discussed dele�atin� or transitioning the duties and tiu�ctions of the MTA to another �gency.
iWl��it��S, these dise�issions were recentiy i�evisited wi�en the �xecutive Gfi�icer or the
MTA anno�u�ced her i��tent to resibn effective June 30. 2020.
WH�REAS, the MGSA is willin�r to function as the "local entiry" ai�d incorporate
oversight of cable television fi-anchise authority and PEG access ovei-sibht as a program under its
� joint powers agreemei�t, and to assume the role previously perFormed by the MTA. The MGSA is
willing to admit�istei• the functions of the MTA, ii�cludii�g but ��ot limited to ensuring the
� continuation o�f the PEG access channels. Che colleetion of PEG access and �Franchise fees �
(incl�iding the adoption of a PEG fee ortlina��ce), overseeinb the DAP agreement (i��cludinb
� renewinb and renegotiatin;as needed), a�iditing the records of state franchise holde�-s, maintaining
� � membersl�ips in or-;anizations that are 1<i�o�vledbeable�about �le��islatioi� or cha�lges to the law �� �
affecting local re�ulation of cable televisioi�. �vorl<ing with the local a�encies a»d the DAP
provider to direct any significant or contentious policy matters bacl< to the affected member
abencies, ensuring that a city/town mai�aber and elected oi�ticial are designated to serve on the
board of directors of CMCM, and other functions of the MTA.
WH�R�A�, to avoid coi�fusion �lbo�it the extent of the MGSA's role in
� telecomm��nications policy, the MGSA intei�cls to title the aforementio��ed pi•ograin the "Cable
Television Franchise and Public, Fducational, and Governmental Access Probrai��."
WHER�AS, the termination o�f the M�I�A and dele��ation of a�ithority to the MGSA to
perform the�Punctions spelled out by DIVCA will tal<e advantage ofeconomies ofscale,will reduce
the administr�tive burdens associ�ted with mlintaining the MTA as a separate abency, and is lil<ely
to result in lonb term cost savin�;s to thc member a�encies ���i�ile continui��b to ensure the
continuation of PEG access services, thc collection af franchise fees, a��d the performance of other
� functions purs�ia��t to DIVC� and related to cable franchises generally.
NOW, TH�RFFORE, 13� IT R�SOLV�D:
Section 1. "�Termination of the MTA. With the adoption oi� Urdinance 588 N.S. the
Town o�f Tibiiron ("Town'') is tal<ing action to terminate the MTA p��rsuant to the terms of its
fo�-mation abreement, conCi��bent on the adoption of this resoluCion authorizin� the MGSA to
perform all ofthe �functioi�s and assume all ofthe duties �nci responsibilities previo�isly performed
� ot� assui��ed by the MTA.
Sectioi� 2. Delegation ofAutl�ority to MGSn. The Town ofTib�n-oi� l�ereby aiithorizes
the MGSA to perform all functions and cluties on its behalf purs�iant to DIVCA. The MGSA shall
act as the "local entity" as defined by D1VCA under Public Utilities Code Section 5830(j) with
regard to state-fi�ai�chised cable television proviclers operating within the j�u�isdiction o�fthe Town,
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Town C�ouncil Resolution No. XX-2020 DRAFT 04/01/2020
a��d shall perform all of the funetions and assume all of thc obli��ations previously performed on
its behalf by the MTA wit'l� respect' to D1VCA, includii�g, but not limitecl ta the collection of PCG
access fees and franchise fees, the distributio�� of PEG fees to the desi<,�nated PEC� access provider
and the ii�anchise fees to the Town, the oversight of the designatetl PEG access provider under tl�e
DAP A<rreement, the exai��inatio�� a��d audit of state ti�anchise holders' records. a��d the legal
defense o�� settlement of disputes related to the payment of PEG or 1�ranchise fces. The MGSA is
fiurther authorized to tal<e any actions or exercise any othei�pow�ers related to tl�e pi�ovision ofcable
television that a�-e authorized under the MGSA`s joint po�vers a��reement and state and federal law.
Section 3. Operative Datc;. The ii�tent of this Resolutioil is to smoothly transition the
i-unctions a��d powers previously exercised by the M`l��A to the MGSA without any interrupt'ion in
tl�ose funetions. Therefore, this Resolution shall tal<e effect on the later ofthe follo���ing two dates:
(1) the date upon which a majority of MT�1 Member Agencies has adopted a resolution
substantially identical to this action, authorizinb the MGSA to collect fr�nchise and PFG access
fees and exercise all powers and functions associated �vith DIVCn, as �vell as an ordii�ance of
termination substantially identical in form pursuant to Paragraph 13 of the Agreement of
Formation ofthe MTA and such ordina��ce ofi�terminatio�� is fully eftcetive; or (2) July I, 2020.
PASSED AND �DOP"TED this l�` day ofApril 2020, by the lollowinb votc;
AYES: COUNCILMEMB�RS:
NAYS: COUNCILMEMBERS:
nBSENT: COUNCILMEMBERS:
ALICE TREDERICI<S, MnYOR
TOWN OF TIBURON
AT"I�EST:
LEA S"I,EFAN1, TOWN CL,ERK
Pa��e �t of d
To��n Council Resolution No. XX-2020 DRAFT 0�/Ol/2020
EXHl � l1� 2
DRAFT 012DINANCT NO. 588 N.S.
AN OI2DINANC� OF TIIr TOWN COUNCIL OF TH� TOWN OF TI131]RON
PROVIDING FOR THE T�RMINATION OF THE MARIN TCLI.COMMUNICATIONS
AG�NCY ANll R�PTALING TH� TtiLCCOMMUNICATIONS ORDINANCE
CODIFIED IN TITLE III, CHAPT�R 9 ("T�L�COMMUNICATIONS
R�GULAT70NS") OF TH� 'I'IBURON MUNICIPAL COD�
WH�REAS, in 1997, tl�e Town Council: ofthe "Town of Tib�u-on adopted Ordinance No.
432 N.S., approving an Agree���ent of Format�ion of the Marin Telecomm�u�ications �bei�cy
("MTA"), a California joint powers a�ency �lu�s�lant to the provisions of Title l. Division 7,
Chapter 5 of the Gov�rnment Code (eomi��encin� �.vith Section 6500), and adding Chapter 9
("Telecommw�ications Re;ulations") to the Town's M�u�icipal Cocle.
WHEREAS, the c�u�rent mei��be�• abei�cies of the MTA are: the Cities of Belvedere, Mill
V�Iley, and San Rafael, the Towns of Corte Madera, Fairfax, Ross, San A��selmo. Sa��salito, and
Tiburon, and the County of Marin ("MTA Member A��encies").
W�HT,REAS, in 2006 the California Legislature approved and the Governor ei�acted the
Dibital Infrastruct�n-e and Video Competitioi� Act of 2006 (`'DIVCA"), creatin� a process for the
issuance of fi-anchises by the C�lifori�ia Pliblic Utilities Com���ission and supersedinb locally
issued fi�a��chises.
WH�REAS, subsequent to t�he adoption of DIVCA and other cha���cs to state and federal
law furtl�er limiting the ability of local bovernments to re<�ulate telecomm�micatioi�s facilities, the
MTA no longer tal<es the active policy role that it did prior to the adoption of DIVCA.
WH�REAS, the MTA Men�ber /�bencies tind it desirable to t'erminate the MTA and
delebate its duties to the Marin General Services Ageney ('`MGSA"), a California joii�t powers
� authority that was fot-ined on October I, 2005, by the City of I3elvedere_ Town of Corte Madera,
Town of Faii•fax, City of Larl<spur, City of Mill Valley_ City of Novato, To����� of Ross, Town of
San Anseln�o, City of San Rafael,City of Sausalito. To��fi� of Tibin�on_County of Marin, Bel Marin
Keys Community Services District, ai�d Marinwood Community Services Disti-ict.
WHER�AS, Parabraph 13 of the n«reeme��t of�Formation of the MTA provides that the
MTA may be terminated by tl�e enactment of an ordinance in subst'anCially identical form by the
majority of the MTA Member Abencies specityin�� s�ich termination, wiCh each such ordinance
beinb adopted withi�� no more than i�inety days of cach other. Upon such action, the MTA ���ill be
deemed terminated.
NOW, THEREFOR� TH� TOWN CO[JNCIL OF' `THT TOWN OF TIl3URON llOES
HER�BY ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby incorporlted by
reference.
Pagc 1 of 2
DRnFT Town Council Ordinance No. SSS N.S. El'fective Date �x/xx/2020
Section 2. T�ermination of M"I�A. P�u-suai�t to Paragraph 13 of the A�reement of Formation.
the To���n of Tiburon dcclares that this Ordinanee is intended to seive to terminate the Agreement
of Formation and the MT/1.
Section 3. Repeal of Cha�ter 9 as of Operative Date. Chapter 9, "Telecommunications
Re��ulations,'� ofthe M�u�icipal Code is hereby repealeci, effective as of d�e Operative Date. The
repeal o�f Chapter 9 sl�all not affiect the To�vn`s consent to the tern�i��ation of the Marin Coui�ry
Cable Rate Regul�nion .Joint Po�vers A<Yency ("MCCRRJPA") or the actual terminatioi� of
MCCRR.IPA, as prov;deci for in Section 9�32 oftl�e I`✓;��;��ci}�al Code. �
For p�n-poses of this section.the `'Operative D�te" shall ���ean the later ofthe following two
� dates: (1) ,�uly l, 2020; or (2) tl�e date upon �vhich a ���ajo�-ity ofti�e MTA Member nbencies has
adopted a resolution authorizing the MGSA to collect franchise and PEG �ccess fees and to
exercise all powers and functions associated with DIVCA, �s well as an ordinance of�terminatioi�
�� substantially identical ii� form pursuant to Parabraph 13 o�f the Abreeir�e��t of For-mation o�l�the
� MTA ai�d such ordina��cc oftermination has becomc efFective.
Section 4. Effective Date�nd Publication. This Ordi��ance shall be effective 30 days 'follo�-ving
� its adoptioi� by the �l,o�vn Council. A summaiy of this Ordinance shall, within �fteei� (I S) days
� after passage, be published ii�� accordance with Goveri�ment Code Section 36933, w�ith the names
�. ofi the Councili��embr.rs voting tor and abainst it.
This Orciinance �vas read and introcl��ced at a regtilar »�eetinb of the Town Council of the
� Town ofTiburon, held on April I, 2020, and was adopted at a i•eg�ilar meetii�g ofthe Town Cow�cil
of the To�vn of"�T�iburo��, held on the day of , 2020, by the followinb vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
� ABSENT: COUNCILMEMBERS:
�� AI_,ICE FREDERICI{S, MAYOR
�I�OWN OF TIBURON
ATTEST:
1,EA STEF�NI. T'OWN CI_.ERI<
DATE:
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DRAFT To�vn Council Ordinance No. S88 N.S. Efifective Date Yx/x�/2020 �