HomeMy WebLinkAboutTC Agd Pkt 2022-05-18
TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920
Tiburon Town Council
May 18, 2022
Regular Meeting
5:00 P.M.
TIBURON
TOWN COUNCIL
AGENDA
CORONAVIRUS (COVID-19) ADVISORY NOTICE
Consistent with Government Code section 54953(e), the Town Council meeting will not be physically open to the public and all Council Members will be teleconferencing into the meeting. To maximize public safety while still maintaining transparency and public access, members of the public can access the meeting by following the meeting live at:
Audio/Video Webinar: https://us06web.zoom.us/j/81568657191 Webinar ID: 815 6865 7191
Call-in Number: 1 669 900 6833
Access Code: 815 6865 7191
Instructions for providing public comment live during the meeting using Zoom are linked on the Town’s website and to this agenda. Members of the public may provide public comment by sending comments to the Town Clerk by email at comments@townoftiburon.org. Comments received prior to the start of the Council meeting will be distributed electronically to the Town Council and posted on the Town’s website. Comments received after the start time of the Council meeting, but prior to the close of public comment period for an item, will then be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Mayor’s discretion. All comments read into the record should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of
the record of the meeting but will not be read into the record. Any member of the public who needs accommodations should email or call the Town Clerk who will use
their best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety in accordance with the Town’s procedure for resolving reasonable accommodation requests. All reasonable accommodations offered will be listed on the Town’s website at
www.townoftiburon.org.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan, Mayor Welner ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS
P-1. Recognition of Town Services – Park Allen, Parks, Open Space & Trails Commission P-2. Introduction of New Town Staff – Troy Bassett, Accounting & Finance Manager P-3. Update from Belvedere-Tiburon Library Agency – Jeff Slavitz and Crystal Duran CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request
is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. CC-1. Town Council Minutes – Adopt minutes for April 13, 2022 Town Council special meeting (Department of Administrative Services) CC-2. Town Council Minutes – Adopt minutes for April 20, 2022 Town Council special and regular meetings (Department of Administrative Services) CC-3. Town Council Minutes – Adopt minutes for April 27, 2022 Town Council special meeting
(Department of Administrative Services) CC-4. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate
virtual board meetings in accordance with AB 361 (Department of Administrative Services) CC-5. Town Manager Employment Agreement – Adopt resolution authorizing sixth amendment to
the Town Manager’s Employment Agreement (Office of the Town Attorney) CC-6. 2024 Street Paving Project – Adopt resolution that would save all SB1 Road Repair and
Accountability Act funds into the Road Maintenance and Rehabilitation (RMRA) Account to fund construction of the 2024 Street Paving Project (Department of Public Works) CC-7. Cypress Hollow Landscape and Lighting District – Adopt resolution ordering the annual Engineer’s Report for Fiscal Year 2022-23 (Department of Public Works)
CC-8. Municipal Code Amendments – Adopt amendments to Chapters 14 (Subdivision of Land) and 16 (Zoning) of the Tiburon Municipal Code related to the implementation of Senate Bill 9
regulations regarding two-unit housing developments and urban lot splits within single family residential zones (Community Development Department) CC-9. Investment Summary – Adopt investment summary for month ending March 31, 2022 (Department of Administrative Services) DISCUSSION ITEMS DI-1. Single-Use Foodware Ordinance – Review and discuss adopting a local ordinance that would ban the use of single-use foodware and require the use of compostable foodware for food service vendors TOWN COUNCIL REPORTS
TOWN MANAGER REPORT ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town’s website,
www.townoftiburon.org.
Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing address,
phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it
reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda.
Tiburon Town Council
May 18, 2022
Oral Communications
Late Mail
Requests for Copies:
Lea Stefani, lstefani@townoftiburon.org
From:Pat Carlone
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Greg Chanis; Lea Stefani
Subject:May 18th Council meeting regarding Tiburon Climate Action Plan
Date:Sunday, May 15, 2022 8:42:58 AM
Some people who received this message don't often get email from pcarlone@hotmail.com. Learnwhy this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice-Mayor Ryan, and Council Members Fredericks, Griffin, and Thier:
I am a member of Congregation Kol Shofar in Tiburon and am writing to you on behalf of thissacred Earth and all life upon it and to respond to the urgent call to care for the Earth and for
one another.
In keeping with the increasingly urgent reports and recommendations from the UN’s IPCCand the emergency nature of the global climate crisis, I, like others who have written to you
from Kol Shofar, strongly urge the Town Council to adopt the recommendations submitted byour Tiburon Climate Action Committee (CAC) to make the Tiburon Climate Action Plan
(CAP) as bold and ambitious as possible and on par with the CAPS of other Marin towns andcities. Specifically, I urge for Tiburon’s Climate Action Plan (CAP) to have the clear andexplicit goals of reducing GHG emissions 50% below 1990 levels by 2030 and ofachieving carbon neutrality by 2045, reflecting the IPCC model of what is needed tomitigate the climate crisis, acknowledging that both mitigation and sequestrationmeasures will be required to achieve these targets.
We all greatly appreciate the planning work that Christine O’Rourke has done for so many of
the jurisdictions across the County on their CAP updates, including Tiburon’s, as well as theencouragement the CAC received from Dina Tasini to submit our ideas.
Thank you for your leadership and commitment to serious climate action and support for the
strongest Climate Action Plan possible!! Our Climate Action Committee stands ready tohelp!!
Sincerely yours,
Pat CarloneCongregation Kol Shofar congregant
Member of the Tiburon Climate Action Committee
From:Swoiskin, Mark
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Greg Chanis; Lea Stefani
Subject:May 18th Council meeting regarding Tiburon Climate Action Plan
Date:Friday, May 13, 2022 8:24:48 AM
Some people who received this message don't often get email from mark.swoiskin@ucsf.edu.Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice-Mayor Ryan, and Council Members Fredericks, Griffin, and Thier:
I am a member of Congregation Kol Shofar in Tiburon and am writing to you on behalf of thissacred Earth and all life upon it and to respond to the urgent call to care for the Earth and for
one another.
In keeping with the increasingly urgent reports and recommendations from the UN’s IPCC
and the emergency nature of the global climate crisis, I strongly urge the Town Council toadopt the recommendations submitted by our Tiburon Climate Action Committee (CAC) to
make the Tiburon Climate Action Plan (CAP) as bold and ambitious as possible and on parwith the CAPS of other Marin towns and cities. Specifically, I urge for Tiburon’s Climate
Action Plan (CAP) to have the clear and explicit goals of reducing GHG emissions 50% below1990 levels by 2030 and of achieving carbon neutrality by 2045, reflecting the IPCC model of
what is needed to mitigate the climate crisis, acknowledging that both mitigation andsequestration measures will be required to achieve these targets.
We all greatly appreciate the planning work that Christine O’Rourke has done for so many ofthe jurisdictions across the County on their CAP updates, including Tiburon’s, as well as the
encouragement the CAC received from Dina Tasini to submit our ideas.
Thank you for your leadership and commitment to serious climate action and support for the
strongest Climate Action Plan possible!! Our Climate Action Committee stands ready tohelp!!
Sincerely yours,
Mark Swoiskin
Congregation Kol Shofar congregant
From:Julie King
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Greg Chanis; Lea Stefani
Subject:Tiburon Council meeting, May 18, re Tiburon Climate Action Plan
Date:Thursday, May 12, 2022 5:34:47 PM
Some people who received this message don't often get email from howtotalk@gmail.com. Learnwhy this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice-Mayor Ryan, and Council Member Fredericks, Griffin, and
Thier:
I am a resident of Tiburon as well as a member of Congregation Kol Shofar in
Tiburon, and am writing in advance of the Council meeting on May 18 because I am
unable to attend, and because of my concern about the impact of climate change on
the Earth and all life upon it.
In keeping with the increasingly urgent reports and recommendations from the UN’s
IPCC and the emergency nature of the global climate crisis, I strongly urge the Town
Council to adopt the recommendations submitted by our Tiburon Climate Action
Committee (CAC) to make the Tiburon Climate Action Plan (CAP) as bold and
ambitious as possible and on par with the CAPS of other Marin towns and cities.
Specifically, I urge you to create and approve Tiburon’s Climate Action Plan
(CAP) with the clear and explicit goals of reducing GHG emissions 50% below
1990 levels by 2030 and of achieving carbon neutrality by 2045, reflecting the
IPCC model of what is needed to mitigate the climate crisis, acknowledging that both
mitigation and sequestration measures will be required to achieve these targets.
We all greatly appreciate the planning work that Christine O’Rourke has done for so
many of the jurisdictions across the County on their CAP updates, including
Tiburon’s, as well as the encouragement the CAC received from Dina Tasini to submit
our ideas.
Thank you for your leadership and commitment to serious climate action and support
for the strongest Climate Action Plan possible! Our Climate Action Committee stands
ready to help.
Julie King
member, Tiburon Climate Action Committee
member, Congregation Kol Shofar
Dear Mayor Welner, Vice Mayor Ryan, and Council Members Frederickson, Griffin and Thier:
I have been a resident of Tiburon for 50+ years, and am writing you about the draft update to
Tiburon’s Climate Action Plan.
In keeping with the increasingly urgent reports and recommendations from the UN’s IPCC and
the emergency nature of the global climate crisis, I strongly urge the Town Council to adopt the
recommendations submitted by our Tiburon Climate Action Committee (CAC) to make the
Tiburon Climate Action Plan (CAP) as bold and ambitious as possible and at least on a par with
the CAP updates of other Marin jurisdictions, including the County. Specifically, I urge for
Tiburon’s Climate Action Plan (CAP) to establish the clear and explicit goals of reducing GHG emissions
50% below 1990 levels by 2030 and of achieving carbon neutrality by 2045 (and preferably much, much
sooner), reflecting the IPCC model of what is needed to mitigate the climate crisis. I feel strongly that
we need to take aggressive coordinated and comprehensive action as quickly as possible to bring the
climate crisis under control. This is a time for creativity, courage, and commitment --- and I assure you
our Climate Action Committee is ready and willing to help.
In closing, I want to thank Christine O’Rourke for her work on the draft CAP update and other climate-
related planning and reports for Tiburon, as well as Dina Tasini for the encouragement she has given our
CAC members to submit our ideas.
Thank you again for your climate leadership and commitment to serious climate action and support for
the strongest Climate Action Plan possible.
Jane Elkins
1801 Vistazo St West
From:Sanna Thomas
To:Jon Welner; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Cc:Greg Chanis; Lea Stefani
Subject:PUBLIC COMMENT FOR MAY 18TH TOWN COUNCIL MEETING RE. UPDATE OF TIBURON CLIMATE ACTION PLAN
Date:Tuesday, May 17, 2022 1:17:31 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Dear Mayor Welner, Vice Mayor Ryan and Council Members Frederickson, Griffin and Thier.
My husband John and I live in Tiburon, and I am writing to you on behalf of both of us.
First, I want to thank you for the concern you have all expressed about the accelerating
climate emergency and your willingness to deal with it aggressively. Your adoption of a
Climate Emergency Resolution, or CER, last year is testimony to your concern and
commitment --- and I thank you again for making the climate emergency a key lens for your
policy decisions.
My husband and I have 5 grandchildren, 3 of whom also live in Tiburon --- and they are the
prime reason that climate change is such a personal issue for us. For their sake --- and the
sake of existing and future generations of children here and everywhere on the planet, I
strongly urge you to make the update of Tiburon’s Climate Action Plan as bold and ambitious
as conceivably possible by incorporating the recommendations submitted to the Town by our
community-based Tiburon Climate Action Committee. I emailed you Highlights of our
recommended additions and changes, along with their exact wording on April 21st. Most of
our recommendations were ‘borrowed’ from the CAPs of other Marin towns and cities in an
effort to put our CAP at least on a par with theirs. All of us greatly appreciate the planning
work that Christine O’Rourke and her team have done for so many of these jurisdictions
around the County on their CAP updates, making it possible for us to borrow from and
collaborate with one another so easily, and we appreciate as well as the encouragement we
received from Dina Tasini, Tiburon’s Community Development Director, to submit our ideas
and requests.
Here are just four of our most critical recommendations.
1. First and most importantly, the Town’s updated Climate Action Plan (CAP) must
establish a clear and necessary goal of reducing GHG emissions 50% below 1990 levels
by 2030 to reflect what the UN’s IPCC says is needed to mitigate the climate crisis. San
Anselmo set a reduction goal of 54% and Fairfax set its at 100%. As Tiburon’s draft CAP
update (the one that we had access to) currently reads, there is only a projection that
42% GHG emissions will be reduced below 1990 levels as a result. In this time of crisis,
we urge you :
o to set an explicit goal of 50% emissions reduction that can motivate and focus
our energies,
o to adopt ambitious and aggressive strategy measures to achieve that goal, and
o to marshal all of our forces --- the Town’s and the community’s --- to drive
implementation of those measures.
2. Second: As we all know, transportation is the largest source of GHG emissions in
the County and the Town of Tiburon, so meaningful action on this source is critical.
Our goal is to increase ZEV ownership to 45% by 2030, matching the County’s own 45%
ZEV goal and going beyond the “minimum 25% ZEV penetration target” as stated in the
current draft CAP update. To achieve this, the Town needs to do at least the following:
o Require new and remodeled multi-family and non-residential construction to
install EV vehicle charging infrastructure for parking spaces for use by employees,
customers, and/or residents. (State Senator Allen’s proposed SB 1482 would do
just that.)
o Promote charging stations in existing public and commercial parking lots
o install EV chargers on Town-owned property.
o Convert all Town vehicles (including the police department’s) to zero emission
vehicles (ZEVs) as older vehicles are retired and include this as part of the Town’s
purchasing requirements.
3. Third: Accelerate electrification of buildings and appliances by requiring all new
residential and non-residential construction and major remodels to be all-electric,
effective Jan 1st 2023, working in collaboration with Marin County on its updated
Green Building Code. Fairfax has already done this, and San Anselmo is poised to adopt
an all-electric ordinance under the Health & Safety Code. Sample provisions would be:
o At the time of replacement, require all natural gas appliances be replaced with
high-efficiency electric appliances.
o Aim for replacing all natural gas end uses in existing buildings by 2030.
o Fully electrify all Town facilities and operations and replace all of its natural gas
appliances and other equipment with electric at time of replacement.
4. Fifth: Add a 7th Strategy to the CAP update for Sequestration that focuses on ways
to capture carbon, thereby increasing our chances of achieving our goal of reducing
50% below 1990 levels by 2030. For example, adopt urban forest’ strategies that….
o Expand and enhance green spaces
o Call for planting additional native, drought- and fire-resistant trees
o Involve maintaining healthy soils on Town-owned land, parks and open spaces
o Educate the public, including landscape companies, gardeners and nurseries,
about native tree planting, healthy soil management and other carbon
sequestration practices
o Encourage community members to plant native trees and vegetation and to
remove invasive species
I want to thank you again for your continuing leadership and commitment to serious climate
action and to urge you to make Tiburon’s updated Climate Action Plan as bold, ambitious and
comprehensive as possible!! As you know, all of this will call for significant Community
Education and Engagement. Our local Climate Action Committee is ready to help! We must
all have the courage, foresight and will to act --- and do even more than ‘our part’ to make up
for the indecision and inaction of others.
Sincerely,
Sanna and John Thomas
Members of the Tiburon Climate Action Committee
--
Sanna Randolph Thomas, Ed.D
415-497-3192 (cell)
Hello. My name is Don Mathews, and I live on Harbor Hill just above the Belvedere Tiburon Library and
the Town Hall. I would like to express my support for having the Town of Tiburon ratify the strongest
possible Climate Action Plan, along the lines of suggestions made by the volunteer Tiburon Climate Action
Committee.
In the 72 years that I have been alive, the human population has more than tripled, increasing from 2.5
billion people to almost 8 billion. Accompanying this epic increase in human numbers, the per capita
consumption of resources has dramatically increased, and as a result so has the total amount of wastes
produced and greenhouses gases spewed into the atmosphere.
A good measure of the impacts of changes caused by this growth can be found in measures of ecological
footprints. In aggregate, humanity is using up natural resources at a rate that would require 1.7 planet
Earths to sustainably provide for our needs and desires. If everyone on Earth consumed at the same
rate that the average American does, it is estimated that five planet Earths would be needed. We
Tiburon residents live in an affluent town in a wealthy county, so it is illuminating to realize that if
everyone consumed resources at the same rate as persons in the top 1%, well over a dozen planets would
be required. Needless to say, there is only one Earth.
There are two twin crises caused by this state of affairs. First, human activities are destabilizing the
global climate, causing a long litany of costly calamities and existential threats to our current and future
well-being. And second, human activities are driving an estimated one million species of life toward
eternal extinction.
The World Wildlife Fund has published a Living Planet Report every other year since 1970 that reveals
that the population numbers of 10,000 representative species of mammals, birds, fish, amphibians and
reptiles have been decimated since 1970, declining a shocking average of 60% in the last 50 years.
It is an existential necessity for us to strive to achieve goals of significantly reducing greenhouse gas
emissions, and to do so by enacting a strong Climate Action Plan in Tiburon and in other Marin
communities, as well as in California, and nationally, and in countries around the world. This is made clear
by the increasingly urgent reports by the United Nations Intergovernmental Panel on Climate Change.
We must “Think globally, and act locally!”
There is an elephant in the room in the proposed Climate Action Plan, in the form of the state-mandated
building boom that requires the green lighting of a massive buildout of more than 600 new housing units
in Tiburon in the next 8 years, and another 160 in Belvedere. In light of this, our Climate Action Plans
must in particular emphasize that new buildings must be electrified for all new construction.
Sincerely,
Don Mathews
Additional perspective that is too lengthy to include in brief comments:
It is a good to see that, in the various Climate Action Plans throughout Marin, there is summary of climate actions
that are being taken at the state and local levels, and internationally. But it is dismaying to realize that there is no
national legislation targeted to remedy the climate emergency. This is due to our dysfunctional national politics,
and the corruption of our system by Big Money and corporate lobbyists.
I would like to see our Town Council take some action to put pressure on our nation’s leaders in this regard,
especially conservatives whose close ties to the fossil fuel industry is a central reason that we have collectively
been unable to enact remedial legislation and reforms to help solve really big and intractable problems.
We are obviously up against a daunting task, due to our aggregate needs and desires and drives and habits and
compulsions, and our propensities to enjoy conveniences and indulgences and to seek social status through
profligate materialistic consumerism.
2
2
A Big Picture perspective tells us that we must begin to make ecological limits central to both our local and national
our decision-making, and use human ingenuity to find new ways to live within the Earth’s limits and ecological
constraints. This means taking a broad range of actions, including making bigger investments in clean energy and
infrastructure that will allow us to operate in a resource-constrained world. It also means taking individual and
community action, and creating the public demand for businesses and policy makers to responsibly participate.
The Town Council has met on many items, yet it has not addressed directly the update to the 2040 plan and the Town's Climate Action Plan (CAP). It
also does not include or ignores the lens of climate impact on local challenges such as traffic on Tiburon Blvd. and the state of CA new housingrequirements that will lead to more climate impacts, not less. One of you as a candidate recently ran with focus on climate change in your platform, yethere we are, with no actions locally and time spent on worthy yet merely symbolic actions.
In short, keeping with the increasingly urgent reports and recommendations from the UN’s IPCC and the emergency nature of the global climate crisis, I
strongly urge the Town Council to adopt the following items that the Town can act on now and are highlighted in a number of correspondence from thetown of Tiburon's Climate Action Committee that were also sent to the Town's consultant and staff working on the 2040 Strategic Plan. I look forward toworking with you to have these implemented before the end of 2022.
The Town of Tiburon Climate Action Plan (CAP) must have the explicit goal of reducing GHG emissions 50% below 1990 levels by 2030.Having no goal as the CAP currently reads is meaningless in this time of crisis.Transportation is the largest source of GHG emissions in the Town of Tiburon and meaningful action on this source is critical includingconverting all Town vehicles (including the police department) to zero emission vehicles (ZEV) as older vehicles are retired and have this as part
of the town’s purchasing requirements. The Town recently purchased a hybrid police vehicle. Be a leader and go all electric powered by thatgreat solar facility at the police station.Require EV charging stations in downtown parking lots and encourage all new construction to include EV charging infrastructure.Implement an ordinance requiring all new residential and non-residential constructions and remodels of kitchens to have all-electric appliancesand water heating by the end of 2022.
Implement a policy now to fully electrify all Town and public buildings, facilities and operations as equipment is replaced.Follow the state’s requirement on new residential and commercial construction for solar and energy efficiency standards and extend the solarrequirements for all roof renovations for residential, commercial and all town and public buildings (e.g. schools, library, fire stations)Place in town operations requirements that an energy efficiency audit for all town owned and town public buildings (schools and library) must bedone every 2 years unless completed as part of other construction.
Require as part of the town planning and construction ordinance the use of cool pavements and roofs by the end of 2022Require the evaluation for resurfacing Town streets, parking lots, sidewalks, and roofs with materials to address and minimize urban heat islandeffect
All the above are doable and within the Town's capabilities, but what is needed is leadership on tangible items.
Chuck Hornbrook
Town of Tiburon
From:Chuck Hornbrook
To:Alice Fredericks; Jon Welner; Jack Ryan; Holli Thier; Noah GriffinCc:Lea Stefani; Greg Chanis
Subject:Town Climate Action Plan
Date:Wednesday, May 18, 2022 12:14:00 PM
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
From:Hilary Ross
To:Lea Stefani
Subject:NO!@!!!!DEVELOP DOWNTOWN TIBURON WITH 350 UNITS IN HIGH DENSITY 3-5 STORY HOUSING
DEVELOPMENTS,
Date:Wednesday, May 18, 2022 1:13:12 PM
Importance:High
You don't often get email from rosshilary@hotmail.com. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello- My Husband and I live in Old Tiburon in Mar East. The idea that you would put SO much
housing and development downtown is INSANE. It is a two lane road for us to get in and out of
town, the amount of cars and people is already a lot! We have worked VERY hard to live here
and to think that this will make ANY commute out of our a house a NIGHTMARE- not to
mention all the Additional cars.. Talk about the WORST PLACE to add additional housing.. what
happened to Tiburon being a small community??
WE vehemently do not want this located ANYWHERE downtown- traffic, pollution, trash, cars..
No.
Best,
Hilary Ross and Josh Dick
From:Dorene Curtis
To:Lea Stefani
Subject:MY COMMENTS AT THE TOWN COUNCIL MEETING TONIGHT
Date:Wednesday, May 18, 2022 6:13:06 PM
You don't often get email from dcurtisemail@gmail.com. Learn why this is important
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you
recognize the sender and know the content is safe.
Hello,
I made comments tonight during the Town Council meeting. I am including a draft of mycomments below in the hopes that I can receive a response to my inquiries.
My name is Dorene Curtis, and I have lived in downtown Tiburon since 1987. I would like to take a few minutes to discuss
the topic of the mandated Housing Plan, and in particular the plan for approximately 400 high-density units.
I realize this isn’t on the agenda for this week but in reading the ARK it appears that you have:
made the decision to eliminate the Cove or any other areas outside of Downtown Tiburon from consideration
and are proceeding with developing a plan for public review by June 20. Per the ARK:
The town is aiming to have the draft housing element ready by June 20 for the required
30-day local public review and 10-day comment period before it gets sent off to the state
in July.
According to what was reported in the ARK, the Town Council said the best time for the public to provide feedback would be
after the draft housing element was released on June 20.
So I felt it was important to raise these issues at this time, because I do not think the Cove or other areas should be removed
from consideration. I want these options to be included in the Curent Plan or a full explanation provided.
I have reached out to others in downtown Tiburon and Old Tiburon, and dozens asked me to speak today on their behalf as
well.
There are 4 points that I would like to cover very briefly.
1. A large number of us would like to better understand the reasoning for why the Town Council made the decision to
drop the COVE, Reed School OR ANY OTHER AREAS OUTSIDE DOWNTOWN TIBURON from consideration.
I’ve read the articles in the ARK and comments by Town Council who said their decision to drop the Cove was
driven by:
1. resident objections (I believe one Council member or perhaps the Mayor said ‘we hear the residents loud and
clear”),
2. parking concerns,
3. Traffic concern
4. temporary loss of the market during construction,
5. and a flooding issue.
With respect to the flooding issue, one town Council member pointed out was a problem with or without more housing, and
that new construction might present a good opportunity to address it.
Other than the flooding concern, ALL of these objections apply equally IF NOT MORE to locating all of the nearly 400 high
density units downtown, BECAUSE WE ONLY HAVE 2 LANES INSTEAD OF 4. And we residents in downtown and old
Tiburon feel as strongly about this as the residents located near the Cove, so we want you to “hear us loud and clear” as well.
I am both seeking clarification from you on the basis for your decision, and urging you to reconsider the Cove and other
locations rather than putting 100% of this high density housing in downtown Tiburon.
IT ALSO SEEMS THAT LOCATING 100% OF THIS HIGH DENSITY HOUSING IN SUCH A SMALL AREA IS
INCONSISTENT WITH THE REQUIREMENT THAT IT BE DISTRIBUTED EVENLY THROUGHOUT THE TOWN.
2. Second, I would like to understand what options for appeal are being considered to try and reduce the number of required
units. I’m pretty certain I’m speaking to the choir here, but
We are clearly not a “Transportation Hub” equipped to handle an even larger share than the normal allocation.
To the contrary we are already overbuilt for our infrastructure and resources.
3. Third, I would like to know whether the Council intends to address traffic concerns in and out of town BEFORE permitting
any of this further building to go forward. I understand that some EIR/CEQA requirements may not even fully apply in some
situations and it is unclear to me what ability we will have to object later on grounds of traffic once these areas are rezoned for
high density housing. IT IS CRITICAL THAT WE ALL UNDERSTAND THIS.
4. Lastly, what are the plans for public outreach in the next month? I believe further public comment is needed BEFORE the
draft plan is issued for Public Comment on June 20, as well as after.
Thank you for your time in letting me speak
Thank you very much,Dorene Curtis
Downtown Tiburon Resident
Sent from my iPad
From:Rosalyn Brandt
To:Jon Welner
Cc:Greg Chanis; Lea Stefani; Lea Stefani; Jack Ryan; Alice Fredericks; Noah Griffin; Holli Thier
Subject:Final Draft of the CAP
Date:Wednesday, May 18, 2022 4:59:35 PM
[Some people who received this message don't often get email from rbrandt@rbrandtdesign.com. Learn why this is
important at https://aka.ms/LearnAboutSenderIdentification.]
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe.
Mayor Weiner and Tiburon Council Members-
With many regrets, I am sorry that I am unable to be at tonite’s meeting…. such a critical one at that.
It is more important than ever for the Town of Tiburon to move forward to incorporate the climate recommendationspresented tonigh,t and over the past few months, in to our future planning.
I am a Tiburon resident for 29 years. And incredibly proud of that! We are all living through some major shifts thatso clearly point out the edge we, as a town, a country and a world, are experiencing. No longer do temperaturesrange within some normal, but rather reach higher than typical highs, and lower than typical lows, This is no longerthe exception. We see it on weather reports daily. The fires, the flooding….. it’s no longer a rarity. Right here inTiburon, we live the extreme changes as we see tides lower than ever, alternating with tides higher than ever. Theseexperiences are no longer subtle nor infrequent. They are huge blatant clues to what is happening to ourenvironment.
It is time for all to become responsible with the environment we inhabit so that it is around, and healthy, for ourchildren, our grandchildren and beyond.The hints of what lies ahead could not be more clear.
As a resident, I would have such respect and support of our local leaders, all of you, moving forward and leading inthis pursuit.
I ask, with all of my heart, that the Council incorporate the recommendations presented tonight into the final draft ofthe CAP.
With much appreciation.Rosalyn Brandt
Page 1 of 2
Tiburon Town Council Minutes #08-2022 DRAFT April 13, 2022
TOWN COUNCIL SPECIAL MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 6:00 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 6:00 p.m. on
Wednesday, April 13, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier (absent), Vice
Mayor Ryan, Mayor Welner
CLOSED SESSION
1.CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of
Government Code Section 54956.9: (One potential case)Claims filed by Yema Khalif and Hawi Awash on January 25, 2021 on file with theTown Clerk’s office
2.Public Employee Performance Review: Government Code Section 34957
Title: Town Manager
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
The Town Attorney announced that in relation to Closed Session Item #1, in a vote of 4-0, the
Town Council directed the Town Manager to sign a settlement agreement. Once the agreement is signed, it will be released to the public.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 8:00 p.m.
JON WELNER, MAYOR TOWN OF TIBURON
CC-1
DR
A
F
T
Page 2 of 2
Tiburon Town Council Minutes #08-2022 DRAFT April 13, 2022
ATTEST:
LEA STEFANI, TOWN CLERK
DR
A
F
T
Page 1 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
TOWN COUNCIL SPECIAL & REGULAR MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 4:00 P.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 4:00 p.m. on
Wednesday, April 20, 2022.
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Griffin, Councilmember Thier, Vice Mayor Ryan,
Mayor Welner
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1
potential case)
ADJOURNMENT – to regular meeting
REGULAR MEETING – 5:00 P.M.
Mayor Welner called the regular meeting of the Tiburon Town Council to order at 5:00 p.m. on Wednesday, April 20, 2022.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Thier, Welner ABSENT: COUNCILMEMBERS: None
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Community Development Tasini, Director of Administrative Services Creekmore, Associate Engineer Eshoo, Superintendent of Public Works Kerslake DR
A
F
T
CC-2
Page 2 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
ORAL COMMUNICATIONS
Sanna Thomas and Shirley Huang both spoke in support of Tiburon’s efforts to reduce
greenhouse gas emissions by participating in the County’s efforts to require new buildings to be all-electric. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
No reportable action. INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS
• Victoria Gazulis, Belvedere-Tiburon Joint Recreation CONSENT CALENDAR
CC-1. Town Council Meetings – Adopt minutes for the March 16, 2022 Town Council special
and regular meetings (Department of Administrative Services) CC-2. Investment Summary – Adopt investment summary for month ending February 28, 2022 (Department of Administrative Services)
CC-3. Teleconference Meetings – Adopt resolution that would allow the Town to continue to operate virtual board meetings in accordance with AB 361 (Department of Administrative Services)
CC-4. Special Vacancy – Announce special vacancy on the Building Code Appeals Board
(Department of Administrative Services) MOTION: To adopt Consent Calendar Items No. 1-4, as written. Moved: Fredericks, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
PUBLIC HEARINGS PH-1. Municipal Code Amendments – Consider amendments to Chapter 15 (View and
Sunlight Obstruction from Trees) of the Tiburon Municipal Code related to view dispute
resolution – Introduction and first reading of ordinance (Community Development Department) Public comment was received by:
• Andrew Thompson, who spoke in support of a prior version of the ordinance that explicitly required the party with the offending tree to be financially responsible for maintaining the view rights of neighbors. DR
A
F
T
Page 3 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
• Lalita Waterman, who said Town-sponsored mediation was a prudent solution and said a
panel of mediators could be paid $250/hour, or perhaps they would be willing to do the
work on a volunteer basis or nominal fee.
• Bob Nadjibi, who spoke in support of the proposed amendments.
• Wendy Walley, who spoke in support of the proposed amendments.
MOTION: To introduce the ordinance, read by title only, and to pass first reading of the proposed ordinance, waiving further readings, and to schedule for adoption at the next regular meeting. Moved: Fredericks, seconded by Thier
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner Mayor Welner read “An Ordinance of the Town Council of the Town of Tiburon Amending Provisions of Title IV, Chapter 15 of the Tiburon Municipal Code (View and Sunlight Obstruction from Trees)”.
ROLL CALL VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner ACTION ITEMS
AI-1. General Plan Housing Element Update – Receive report of Housing Element
community engagement workshops related to housing opportunity sites and rezoning proposals, provide feedback on strategy to meet the Town’s RHNA requirements for 639 housing units, and consider approval of proposed housing sites for the Housing Element and EIR (Community Development Department)
Public comment was received by:
• Tim Metz, who believed the proposed housing density at the Cove Shopping Center was too high and recommended the Council consider the Romberg Tiburon Center site for
additional housing.
• Jim Allen, one of the owners of the Boardwalk Shopping Center and post office sites, offered to work with the Town to plan for housing on those sites.
• Holly Kaiser, who also expressed concerns with additional housing at the Cove Shopping
Center and suggested the Council consider putting more housing density downtown near
the ferry terminal.
• Andrew Allen, who said the Housing Element laws require that governments calculate the housing density that can realistically be achieved at sites and too low of a density can
prevent economy of scale development and workforce housing; he recommended the
proposed density at the Boardwalk Shopping Center be increased. The Council expressed the desire to undertake a deeper discussion on the proposed housing sites at another Town Council meeting. The Council asked the staff to return with more information
about the analysis done to determine viable or nonviable housing sites and whether density can
be adjusted anywhere. MOTION: To table the discussion until the Town Council retreat on 4/27/22.
DR
A
F
T
Page 4 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
Moved: Welner, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
AI-2. Police Officer Trainee – Consider creation and approval of a new job classification for Police Department Trainee (Department of Administrative Services) MOTION: To approve the Police Officer Trainee classification, the classification
specification and salary range placement.
Moved: Thier, seconded by Griffin VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-3. Del Mar Traffic Calming Improvement Project – Consider authorization of the Town
Manager to approve and execute the contract for the Del Mar Traffic Calming
Improvement Contract with Mercoza in the amount of $285,500.45 and authorize the Town Manager to approve construction change orders in an amount not to exceed 12% as contingency (Department of Public Works)
Public comment was received by:
• Chuck Hornbrook, who spoke in support of the proposed project and improvements. MOTION: To authorize the Town Manager to approve the award of contract for the Del Mar
Traffic Calming Improvement Project to Mercoza for $285,500.45 and to
authorize the Town Manager to approve contract change orders not to exceed 12% ($34,260.05) of the contract amount as a contingency for unforeseen construction issues. Moved: Thier, seconded by Ryan
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-4. Resolution on Anti-Semitism – Consider approval of the Town Council’s resolution against hate and anti-Semitism (Diversity Inclusion Task Force)
MOTION: To adopt the resolution.
Moved: Welner, seconded by Thier VOTE AYES: Fredericks, Griffin, Ryan, Thier, Welner AI-5. Appointment to Town Boards and Commissions – Consider making one appointment
to the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”) (Department of
Administrative Services) MOTION: To appoint Victoria Gazulis to the Belvedere-Tiburon Joint Recreation Committee (“The Ranch”).
Moved: Thier, seconded by Griffin
VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
DR
A
F
T
Page 5 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
PUBLIC HEARINGS
PH-2. Municipal Code Amendments – Consider amendments to Chapters 14 (Subdivision of
Land) and 16 (Zoning) of the Tiburon Municipal Code related to the implementation of Senate Bill 9 regulations regarding two-unit housing developments and urban lot splits within single family residential zones – Introduction and first reading of ordinance (Community Development Department)
MOTION: To continue the public hearing to the May 4, 2022 Town Council regular meeting. Moved: Thier, seconded by Fredericks VOTE: AYES: Fredericks, Griffin, Ryan, Thier, Welner
DISCUSSION ITEMS DI-1. Town Improvement Projects Construction Staging – Discuss the use of Blackie’s Pasture as a staging area for Town-owned projects (Department of Public Works)
Public comment was received by:
• Arin Mesa, who spoke against the Blackie’s Pasture lot being used as a construction stating area, citing visual and noise impacts, property value impact, parking problems
both at the park and overflow into the neighborhood.
• Kim Liddell, who spoke against the area being used as a staging area, citing similar concerns and believed the area was designated as recreational space and needed further environmental review.
• Lorraine Gemigniani, who commented that there were potentially no other viable areas to use for Town staging and believed finding a staging area closer to downtown might add to Tiburon Boulevard traffic issues.
• Lynne West, spoke against the area being used as a staging area and further noted that the
parking lot can already be dangerous for kids and animals due to lack of available
parking; she urged the Council to consider adoption of use restrictions or limitations and to involve the Parks, Open Space and Trails Commission.
• Matt Mesa, who spoke against the staging area and believed contractors should be
responsible for finding their own staging areas on non-public property, and noted that the
contractors at the Blackie’s Pasture site were using the staging area outside of regular construction hours. The Council directed staff to cease use of Blackie’s Pasture as a construction staging area for Town-owned projects until the Town Attorney can provide a legal analysis on the use of the
space and to speak with the contractor currently using the space to address the concerns raised during the meeting. DI-2. Virtual Public Meetings – Discuss the potential for return to in-person public meetings
(Department of Administrative Services)
The item was continued to the next Town Council meeting.
DR
A
F
T
Page 6 of 6
Tiburon Town Council Minutes #09-2022 DRAFT April 20, 2022
TOWN COUNCIL REPORTS
There were none. TOWN MANAGER REPORT There were none.
ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 9:25 p.m.
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
DR
A
F
T
Page 1 of 2
Tiburon Town Council Minutes #10-2022 DRAFT April 27, 2022
TOWN COUNCIL SPECIAL MEETING
DRAFT MINUTES
Consistent with Government Code section 54953(e), councilmembers attended this meeting by teleconference. Members of the public were invited to participate in the meeting by live-streaming the meeting on the Town’s website and submitting comments to comments@townoftiburon.org to
be included in the public record for the meeting.
SPECIAL MEETING – 9:00 A.M.
Mayor Welner called the special meeting of the Tiburon Town Council to order at 9:00 a.m. on
Wednesday, April 27, 2022.
CALL TO ORDER AND ROLL CALL
PRESENT: COUNCILMEMBERS: Fredericks, Griffin, Ryan, Welner
ABSENT: COUNCILMEMBERS: Thier
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Tasini
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (1 potential case)
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
No reportable action.
TOWN COUNCIL RETREAT DISCUSSION ITEMS
DI-1. Our Neighborhood Voices – Receive presentation and discuss the Our NeighborhoodVoices Initiative
Mayor Welner announced the presentation would be rescheduled.
DI-2. General Plan Housing Element Update – Receive report regarding the HousingElement community engagement workshops/surveys related to housing opportunity sites and rezoning proposals. Provide feedback and direction concerning the draft Housing
Element Sites Inventory (Community Development Department)
Public comment was received by:
CC-3
DR
A
F
T
Page 2 of 2
Tiburon Town Council Minutes #10-2022 DRAFT April 27, 2022
• Jim Allen, who spoke about parking restrictions, violations of ADU rental agreements,
FEMA requirements, and enforcement of if a developer builds less units than originally
planned for.
• Lynn Barr, who spoke in opposition to the Cove Shopping Center being used as a potential housing site, citing the area as a severe flood plain, and loss of critical services (grocery store and food services).
There was a majority consensus among the Council to consider removal of the Cove Shopping Center as a potential lower income housing site and to instead consider increasing density at the 1550 Tiburon Boulevard and 6/12 Beach Road sites to make up the numbers. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Welner adjourned the meeting at 11:35 a.m.
JON WELNER, MAYOR
TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
DR
A
F
T
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Administrative Services
Subject: AB 361 Teleconference Meetings
Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY In accordance with Government Code Section 54953, the Council will consider adoption of a resolution
that would allow the Town to continue to operate virtual board meetings for the next 30 days. RECOMMENDED ACTION(S) 1. Adopt the attached resolution (Exhibit 1).
BACKGROUND In September 2021, the Ralph M. Brown Act (Brown Act) was amended by Assembly Bill 361 to
allow fully virtual board meetings during a state of emergency. AB 361 amends Government
Code section 54953 to allow virtual board meetings through January 1, 2024 in any of the following circumstances: 1. The legislative body holds a meeting during a proclaimed state of emergency and state or
local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. 3. The legislative body holds a meeting during a proclaimed state of emergency and has
determined, by majority vote, that, as a result of the emergency, meeting in person would
present imminent risks to the health or safety of attendees. To continue to hold virtual meetings while California’s state of emergency remains active, the body must make findings every 30 days that: 1) the body has reconsidered the circumstances of
the state of emergency and 2) that the state of emergency continues to directly impact the ability
of the members to meet safely in person or state and state or local officials continue to impose or recommend measures to promote social distancing.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-4
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 2
The attached resolution (Exhibit 1) makes the required findings to allow the Town Council and Council appointed boards and commissions to continue to operate virtual meetings for the next 30 days.
ANALYSIS No further analysis provided. FINANCIAL IMPACT
Staff anticipates no direct fiscal impact to the Town. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of
the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution (Exhibit 1). Exhibit(s): 1. DRAFT Resolution Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
Page 1 of 3
Town Council Resolution No. XX-2022 DRAFT 5/18/2022
DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AND ON BEHALF OF COMMISSIONS AND COMMITTEES CREATED BY THE TOWN COUNCIL PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54952(b)
AUTHORIZING TELECONFERENCE MEETINGS IN COMPLIANCE WITH AB 361 (GOVERNMENT CODE SECTION 54953(e)) TO CONTINUE TO ALLOW MEMBERS OF THE PUBLIC TO SAFELY PARTICIPATE IN LOCAL GOVERNMENT MEETINGS
WHEREAS, the Town Council is committed to ensuring public access to observe and
participate in local government meetings; and WHEREAS, all meetings of the Town Council and other legislative bodies created pursuant to Government Code Section 54952(b) are open and public, as required by the Ralph
M. Brown Act, so that any member of the public may participate in local government meetings;
and WHEREAS, the recently adopted AB 361, codified at Government Code section 54953(e), makes provisions for remote teleconferencing participation in local government meetings, without compliance with the requirements of 54953(b)(3), during a Governor-
proclaimed state of emergency and if the local legislative body determines, by majority vote, that
as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees, and WHEREAS, on March 4, 2020, Governor Newsom proclaimed a State of Emergency due
to the outbreak of respiratory illness due to a novel coronavirus (now known as COVID-19) and
that State of Emergency is still in effect in the State of California; and WHEREAS, on March 3, 2020, Marin County declared a local emergency due to the COVID-19; and
WHEREAS, on March 16, 2020, the Town Manager proclaimed the existence of a local state of emergency within the Town, pursuant to Section 21-6 of the Tiburon Municipal Code and Section 8625 of the California Emergency Services Act in response to the COVID-19 pandemic, which was ratified by the Town Council on March 18, 2020; and
WHEREAS, COVID-19 continues to threaten the health and lives of Town residents; and WHEREAS, the SARS-CoV-2 Delta Variant (Delta Variant) and SARS-CoV-2 Omicron Variant (Omicron Variant) are highly transmissible in indoor settings; and
WHEREAS, on July 28, 2021, the California Department of Public Health issued guidance calling for the use of face coverings and stating that the Delta Variant is two times as contagious as early COVID-19 variants, leading to increasing infections, the Delta Variant accounts for over 80% of cases sequenced, and cases and hospitalizations of COVID-19 are
rising throughout the state; and
Page 2 of 3
Town Council Resolution No. XX-2022 DRAFT 5/18/2022
WHEREAS, on January 5, 2022, the California Department of Public Health issued
guidance again requiring universal masking indoors and stating that the Omicron Variant is more contagious than early COVID-19 variants and the Delta Variant, and has increased the seven-day average case rate more than sixfold and doubled COVID-19 hospitalization rates; and
WHEREAS, the Delta and Omicron Variants have caused, and will continue to cause,
conditions of imminent peril to the health safety of persons within the Town; an WHEREAS, the Town Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that
were created by the Town Council pursuant to Government Code section 54952(b) (collectively
referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely
participate in and observe local government meetings.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Council does hereby:
1. Find that Current Conditions Authorize Teleconference Public Meetings of
Legislative Bodies. Based on the California Governor’s continued declaration of a State of Emergency and current conditions, the Town Council finds that meeting in person would present imminent risks to the health or safety of attendees, such that the conditions continue to exist pursuant to Government Code section
54953(e)(3) to allow Legislative Bodies to use teleconferencing to hold public
meetings in accordance with Government Code section 54953(e)(2) to ensure members of the public have continued access to safely observe and participate in local government meetings.
2. Authorize Legislative Bodies to Conduct Teleconference Meetings. The
Legislative Bodies are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
PASSED AND ADOPTED at a regular meeting of the Town Council on May 18, 2022, by the following vote: AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
__________________________
JON WELNER, MAYOR TOWN OF TIBURON
Page 3 of 3
Town Council Resolution No. XX-2022 DRAFT 5/18/2022
ATTEST:
____________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From: Office of the Town Attorney
Subject: Recommendation to Approve Sixth Amendment to the Town Manager’s Employment Agreement
Reviewed By: n/a _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The Council will consider approval of an amendment to the Town Manager’s Employment Agreement. RECOMMENDED ACTION(S) 1. Consider approval of the draft Resolution Approving the Sixth Amendment to the Town Manager’s Employment Agreement. 2. Authorize the Mayor to execute the Sixth Amendment to the Town Manager’s Employment agreement on behalf of the Town.
BACKGROUND
The Town retained Gregory Chanis as the Town Manager pursuant to an Employment Agreement dated December 22, 2016. Section 5 of the Agreement provides for annual performance reviews. On January 20, 2022, the Council established an ad hoc subcommittee of Councilmember Thier and Councilmember Griffin to the Town Manager Performance Evaluation ad hoc subcommittee.
The Council completed its annual performance review on March 2, 2021 and was very satisfied
with the Manager’s performance. The ad hoc subcommittee has recommended the following adjustments to the Town Manager’s agreement based on the Council’s evaluation that are attached hereto as a draft Sixth Amendment to the Employment Agreement (Exhibit 1).
The Town’s compensation policy provides that Town salaries shall be competitive with comparable positions in the market. Accordingly, the ad hoc subcommittee recommends a 2.5% cost of living increase in the Town Manager’s base salary, effective January 1, 2022.
ANALYSIS No further analysis provided. FINANCIAL IMPACT
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-5
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 2
The financial impact of the proposed amendment would be approximately $2,750 in the current fiscal year, and staff believes there are sufficient allocated funds in the current fiscal year budget to cover this cost, and therefore, is not requesting a budget amendment.
ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA.
RECOMMENDATION Staff recommends that the Town Council approve the draft Resolution (Exhibit 2) Approving the Sixth Amendment to the Town Manager’s Employment Agreement and authorize the Mayor to
execute it on behalf of the Town.
Exhibit(s): 1. Draft Sixth Amendment to Town Manager’s Employment Agreement
2. Draft Resolution Approving Sixth Amendment to Town Manager Employment Agreement Prepared By: Benjamin Stock, Town Attorney
EXHIBIT 1
SIXTH AMENDMENT TO TOWN MANAGER’S EMPLOYMENT AGREEMENT
This SIXTH AMENDMENT TO THE TOWN MANAGER’S EMPLOYMENT AGREEMENT (“Amendment”) is effective as of January 1, 2022, by and between The Town of Tiburon (“Town”) and Gregory Chanis (“Employee”).
RECITALS A. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective December 22, 2016 (“Manager’s Agreement”).
B. The Town entered into a First Amendment to the Town Manager’s Employment Agreement on February 1, 2017 (“First Amendment”). C. The Town entered into a Second Amendment to the Town Manager’s
Employment Agreement on March 21, 2018.
D. The Town entered into a Third Amendment to the Town Manager’s Employment Agreement on June 5, 2019.
E. The Town entered into a Fourth Amendment to the Town Manager’s
Employment Agreement on June 17, 2020. F. The Town entered into a Fifth Amendment to the Town Manager’s Employment Agreement on August 18, 2021.
G. The Town Council has conducted its annual performance evaluation of Employee as set forth in the Manager’s Agreement and is well satisfied with Employee’s performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar
agencies.
H. The Town’s policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. After completing the Manager’s annual review, the Council has decided
to modify the Manager’s Agreement and compensation as set forth in this Amendment
and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS
AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AMENDMENT, IT IS AGREED AS FOLLOWS: 1. Base Salary. Section 4.1 of the Manager’s Agreement shall be amended as follows:
Employee’s current base salary of $229,459 shall be increased by 2.5% to
Two Hundred Thirty Five Thousand One Hundred Ninety Five Dollars
($235,195) per year. 2. Manager’s Agreement Otherwise Unchanged. Except as expressly modified
by this Amendment, the Manager’s Agreement between the Town and Employee shall
remain in full force and effect. IN WITNESS WHEREOF, this Sixth Amendment to the Manager’s Agreement shall be
effective as of the day and year written above.
THE TOWN OF TIBURON: Dated: ___________
By: ______________________ Jon Welner Mayor, Town of Tiburon
APPROVED AS TO FORM Dated: ___________
__________________________ Benjamin Stock Town Attorney, Town of Tiburon
EMPLOYEE Dated: ___________
__________________________ Gregory Chanis Town Manager, Town of Tiburon
EXHIBIT 2
Page 1 of 2
Town Council Resolution No. XX- 2022 DRAFT 05/18/2022
DRAFT RESOLUTION NO. xx-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE SIXTH AMENDMENT TO THE TOWN MANAGER’S EMPLOYMENT AGREEMENT WHEREAS, on December 22, 2016, the Town Council approved a contract for the employment
of Gregory Chanis to the position of Town Manager (“Manager’s Agreement”); and
WHEREAS, on February 1, 2017, the Town Council entered into a First Amendment to the Town Manager’s Employment Agreement (“First Amendment”); and
WHEREAS, on March 21, 2018, the Town Council entered into a Second Amendment to the
Town Manager’s Employment Agreement (“Second Amendment”); and WHEREAS, on June 5, 2019, the Town Council entered into a Third Amendment to the Town Manager’s Employment Agreement (“Third Amendment”); and
WHEREAS, on June 17, 2020, the Town Council entered into a Fourth Amendment to the Town Manager’s Employment Agreement (“Fourth Amendment”); and WHEREAS, on August 18, 2021, the Town Council entered into a Fifth Amendment to the
Town Manager’s Employment Agreement (“Fifth Amendment”); and
WHEREAS, the Town Council conducted the Town Manager’s performance evaluation on March 2, 2022; and
WHEREAS, the Town’s policy is to offer compensation packages that are competitive with
similar employers for similar positions so as to maintain the highest quality staff to serve the public. After completing the Town Manager’s annual review, the Council has decided to modify the Manager’s Agreement and compensation as set forth in the Sixth Amendment to Town Manager’s Employment Agreement attached hereto and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Tiburon as follows: The Town Council approves the Sixth Amendment to the Town Manager’s Employment Agreement and authorizes the Mayor to execute it on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council on May 18, 2022, by the following vote: AYES:
NAYS:
ABSENT:
Page 2 of 2
Town Council Resolution No. XX- 2022 DRAFT 05/18/2022
__________________________ JON WELNER, MAYOR
TOWN OF TIBURON
ATTEST: ____________________________
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Public Works
Subject: Recommendation to Allocate Senate Bill (SB) 1 Road Repair and Accountability Act Funds to Pave Roads Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY The State Controller began depositing various portions of the SB1 Road Repair and Accountability Act Funds into the Road Maintenance and Rehabilitation Account (RMRA); a percentage of these funds are to be apportioned by formula to eligible cities and counties
pursuant to Streets and Highways Code (SHC) Section 2032(h) intended for basic road maintenance, rehabilitation, and critical safety projects on the local streets and road systems. RECOMMENDED ACTION(S)
1. Approve a Resolution to save all the SB1 funds, estimated at $497,875 for Fiscal Year 2022-2023, and allocate in the Capital Improvement Plan Budget of Fiscal Year 2023-2024 to fund construction of the 2024 Street Paving Project at various locations in the Town.
BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017. It provides additional funds for roadway maintenance.
In the upcoming 2022-23 Fiscal Year (FY), the predicted revenue to the Town is estimated at $497,875. These funds are anticipated to be allocated by the State in equal monthly payments. One of the reporting requirements is for the Town Council to pass and adopt a Resolution on a recurring annual basis that allocates expenditure of the received funds to specific projects. Last
year, the Town Council passed and adopted Resolution No. 36-2021 (Exhibit 1) amending FY 2021-22 budget to include an additional $183,266 State Road Maintenance and Rehabilitation Account (RMRA) revenues fund construction of the 2023 Pavement Maintenance Project. Staff was instructed to submit a new resolution for the upcoming fiscal year with an updated list of projects for which SB1 funding will be allocated. The resolution is enclosed as Exhibit 2.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-6
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 2
ANALYSIS The actual amount of funding to be received is uncertain and depends on constantly changing factors such as the price of gasoline and the quantities purchased by the public. All of the received SB1 funding will be allocated towards the construction of the 2024 Street Paving Project
at various locations in the Town that is anticipated to begin in the summer of 2024. Design is anticipated to begin in the Fall of 2023. FINANCIAL IMPACT
This grant will supplement funds allocated in the Capital Improvement Plan (CIP) Budget towards the 2024 Street Paving Project at various locations in the Town. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council:
1. Move to Approve a Resolution to save all the SB1 funds, estimated at $497,875 for
Fiscal Year 2022-2023, and allocate in the Capital Improvement Plan Budget of Fiscal Year 2023-2024 to fund construction of the 2024 Street Paving Project at various locations in the Town.
Exhibit(s): 1. Exhibit 1: Passed and adopted Resolution No. 36-2021. 2. Exhibit 2: Draft Resolution allocating and authorizing the RMRA funding Prepared By: David O. Eshoo, Associate Engineer
EXHIBIT 1
Page 1 of 3
Town Council Resolution No. 36-2021 08/04/21
RESOLUTION NO. 36-2021
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2021-22 FUNDED BY SB 1:
THE ROAD REAPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of our Town are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS, the Town must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the Town, will receive an estimated $183,266 in RMRA funding in Fiscal
Year 2021-22 from SB 1; and
WHEREAS, this is the fifth year in which the Town is receiving SB 1 funding and will
enable the Town to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate its streets
and roads throughout the Town and similar projects into the future; and
WHEREAS, the Town is anticipating to begin the 2023 Various Streets Pavement
Rehabilitation Project in the 2022-23 fiscal year.
WHEREAS, without revenue from SB 1, the Town will have a decreased ability to
undertake currently planned pavement repair projects; and
Page 2 of 3
Town Council Resolution No. 36-2021 08/04/21
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the Towns streets and roads are in an “good” condition and this revenue will help us
increase the overall quality of our road system and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town
Council of the Town of Tiburon, State of California, as follows:
1. The foregoing recitals are true and correct.
2. Funding received from the SB1 Program shall be saved in fiscal year 2021-2022 and be
allocated in the Capital Improvement Plan budget for fiscal year 2022-2023 for the 2023
Various Streets Pavement Rehabilitation Project.
Design for the Street Paving Project is anticipated to begin in Fall of 2022 and construction
to follow in the Summer of 2023 with useful pavement life of 25 years.
2023 Various Streets Pavement Rehabilitation Project
Street Name From To Description
Cecilia Court Upper Cecilia Cul-de-sac Heavy Rehabilitation
Geldert Court Geldert End Heavy Rehabilitation
Red Hill Circle 2109’ S/O Lyford/COP Lyford Heavy Rehabilitation
Sommers Court Palmer End Heavy Rehabilitation
Vistazo East Street Vistazo West North End Heavy Rehabilitation
Barner Lane Taylor End Light Rehabilitation
Cayford Drive Cecilia End Light Rehabilitation
Acacia Drive 525’ E/O Hacienda Cul-de-sac HM Digouts
Esperanza Street Cazadero Private Road HM Digouts
Midden Lane Paseo Mirasol End HM Digouts
Red Hill Circle 266’ S/O Lyford/COP 1304’ S/O Lyford/COP HM Digouts
Reed Ranch Road 45’ N/O Via Capistrano End HM Digouts
Reedland Woods Way Blackfield Drive Cul-de-sac HM Digouts
Ridge Road 250’ W/O Straits View End HM Digouts
Seafirth Lane Seafirth End HM Digouts
Straits View Drive Ridge End HM Digouts
Venus Court Juno Cul-de-sac HM Digouts
Vistazo West Street Diviso End HM Digouts
Page 3 of 3
Town Council Resolution No. 36-2021 08/04/21
3. The following previously proposed and adopted 2020 Street Paving Project and Hawthorne
Undergrounding Project for fiscal year 2019-20 may utilize fiscal year 2021-22 Road
Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of
these projects in the adopted fiscal year resolution, the City/County is reaffirming to the
public and the State our intent to fund these projects with Road Maintenance and
Rehabilitation Account revenues:
The estimated useful life for this project is 25 years.
2020 Street Paving Project and Hawthorne Underground Project
Street Name From To PCI Project
Schedule
Description
Hawthorn Drive East End Rockhill 46 Summer 2022 Heavy Rehabilitation
Hawthorn Drive Rockhill West End 23 Summer 2022 Heavy Rehabilitation
Rock Hill Tiburon Blvd Del Mar 35 Summer 2022 Heavy Rehabilitation
Rock Hill Del Mar Cul-de-sac 77 Summer 2022 Heavy Rehabilitation
PASSED AND ADOPTED at a regular meeting of the Town Council on August 4, 2021, by the
following vote:
AYES: COUNCILMEMBERS: Fredericks, Ryan, Thier, Welner
NAYS: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: One Vacant Seat
HOLLI THIER, MAYOR
TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
EXHIBIT 2
Page 1 of 4
Town Council Resolution No. XX-2022 DRAFT 05/18/22
DRAFT RESOLUTION NO. XX-2022
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING
A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD
REAPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017
(Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor
in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
and
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the
residents of our Town are aware of the projects proposed for funding in our community and which
projects have been completed each fiscal year; and
WHEREAS, the Town must adopt by resolution a list of projects proposed to receive fiscal
year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1,
which must include a description and the location of each proposed project, a proposed schedule
for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the Town, will receive an estimated $215,546 in RMRA funding in Fiscal
Year 2022-23 from SB 1; and
WHEREAS, this is the sixth year in which the Town is receiving SB 1 funding and will
enable the Town to continue essential road maintenance and rehabilitation projects, safety
improvements, repairing and replacing aging bridges, and increasing access and mobility options
for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the Town used a Pavement Management System to develop the SB 1 project
list to ensure revenues are being used on the most high-priority and cost-effective projects that also
meet the community’s priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the Town maintain and rehabilitate its streets
and roads throughout the Town and similar projects into the future; and
WHEREAS, the Town is anticipating to begin the 2024 Various Streets Pavement
Rehabilitation Project in the 2023-24 fiscal year.
WHEREAS, without revenue from SB 1, the Town will have a decreased ability to
undertake currently planned pavement repair projects; and
Page 2 of 4
Town Council Resolution No. XX-2022 DRAFT 05/18/22
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment
found that the Towns streets and roads are in an “good” condition and this revenue will help us
increase the overall quality of our road system and over the next decade; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads
infrastructure with a focus on basic maintenance and safety, investing in complete streets
infrastructure, and using cutting-edge technology, materials and practices, will have significant
positive co-benefits statewide.
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town
Council of the Town of Tiburon, State of California, as follows:
1. The foregoing recitals are true and correct.
2. Funding received from the SB1 Program shall be saved in fiscal year 2022-2023 and be
allocated in the Capital Improvement Plan budget for fiscal year 2023-2024 for the 2024
Various Streets Pavement Rehabilitation Project.
Design for the Street Paving Project is anticipated to begin in Fall of 2023 and construction
to follow in the Summer of 2024 with useful pavement life of 25 years.
2024 Various Streets Pavement Rehabilitation Project
Street Name From To Description
Acacia Drive 525 Ft E/O Hacienda Cul-de-sac Light Maintenance Diviso Street Centro East Vistazo West Light Maintenance
Esperanza Street Mar West Centro West Light Maintenance
Esperanza Street Cazadero Private Road Light Maintenance Felipa Court Avenida Miraflores Cul-de-sac Light Maintenance
Francisco Vista Court Avenida Miraflores Cul-de-sac Light Maintenance
Geldert Drive Rowley Circle Porto Marino Light Maintenance
Harn Court Howard Cul-de-sac Light Maintenance
Juanita Lane Paradise Beach Light Maintenance
Lagoon View Drive Ridge End Light Maintenance
Main Street Paradise Job/Elbow Light Maintenance Main Street Jog/Elbow Beach Light Maintenance
Malvino Court Geldert Cul-de-sac Light Maintenance
Mar East Street Linda Vista Paradise Light Maintenance
Mark Terrace Geldert Cul-de-sac Light Maintenance
Mar West Street Esperanza Paradise Light Maintenance
Mar West Street Tiburon Esperanza Light Maintenance
Midden Lane Paseo Mirasol End Light Maintenance
Miraflores Lane Avenida Miraflores End Light Maintenance
Page 3 of 4
Town Council Resolution No. XX-2022 DRAFT 05/18/22
Street Name From To Description
Neds Way Tiburon Pavement Change Light Maintenance Old Landing Road Paradise End Light Maintenance
Paradise Drive Old Landing Road 566’ N/O Old Landing Light Maintenance
Paradise Drive 5067 Paradise Drive 5093 Paradise Drive Light Maintenance
Park Place South End Cibrian Light Maintenance
Pine Terrace Tiburon End Light Maintenance
Porto Marino Drive Hacienda End Light Maintenance
Raccoon Ave Centro West End Light Maintenance Red Hill Circle Lyford 266’ S/O Lyford/COP Light Maintenance
Red Hill Circle 1304’ S/O Lyford/COP 2109’ S/O Lyford/COP Light Maintenance
Red Hill Circle 266’ S/O Lyford/COP 1304’ S/O Lyford/COP Light Maintenance Reed Ranch Road Tiburon 155’ S/O East Terrace Light Maintenance
Reed Ranch Road East Terrace Warrens Light Maintenance
Reed Ranch Road 155’ S/O East Terrace East Terrace Light Maintenance
Reed Ranch Road 135’ S/O Via Capistrano 45’ N/O Via Capistrano Light Maintenance
Reed Ranch Road 45’ N/O Via Capistrano End Light Maintenance
Reedland Woods Way Blackfield Dr Cul-de-sac Light Maintenance
Ridge Road Vistazo West Straits View Light Maintenance Ridge Road 250’ W/O Straits View End Light Maintenance
Rowley Circle Howard Geldert Light Maintenance
Rowley Circle Geldert Hilary Light Maintenance
Seafirth Lane Seafirth End Light Maintenance
Seafirth Lane Paradise End Light Maintenance
Spanish Trail Road Centro East 700’ from Centro East Light Maintenance
Straits View Drive Ridge End Light Maintenance Tara Hill Road Round Hill Cul-de-sac Light Maintenance
Tara View Road Tara Hill Cul-de-sac Light Maintenance
Theresa Court Hilary Cul-de-sac Light Maintenance Venus Court Juno Cul-de-sac Light Maintenance
Vista Del Mar Paradise Dr East End Light Maintenance
Vistazo West Street Diviso End Light Maintenance
Vistazo West Street Lyford End Light Maintenance
Wilkins Court Geldert Cul-de-sac Light Maintenance
3. The following 2021-22 previously proposed and adopted 2023 Various Streets Paving
Rehabilitation Project may utilize fiscal year 2022-23 Road Maintenance and
Rehabilitation Account revenues in their delivery. With the relisting of these projects in
the adopted fiscal year resolution, the City/County is reaffirming to the public and the State
our intent to fund these projects with Road Maintenance and Rehabilitation Account
revenues:
The estimated useful life for this project is 25 years.
Page 4 of 4
Town Council Resolution No. XX-2022 DRAFT 05/18/22
2023 Street Paving Project
Street Name From To Project Schedule Description
Cecilia Court Upper Cecilia Cul-de-sac Summer 2023 Heavy Rehabilitation
Geldert Court Geldert End Summer 2023 Heavy Rehabilitation
Red Hill Circle 2109’ S/O Lyford/COP Lyford Summer 2023 Heavy Rehabilitation
Sommers Court Palmer End Summer 2023 Heavy Rehabilitation
Vistazo East Street Vistazo West North End Summer 2023 Heavy Rehabilitation Barner Lane Taylor End Summer 2023 Light Rehabilitation
Cayford Drive Cecilia End Summer 2023 Light Rehabilitation
Acacia Drive 525’ E/O Hacienda Cul-de-sac Summer 2023 HM Digouts
Esperanza Street Cazadero Private Road Summer 2023 HM Digouts
Midden Lane Paseo Mirasol End Summer 2023 HM Digouts
Red Hill Circle 266’ S/O Lyford/COP 1304’ S/O Lyford/COP Summer 2023 HM Digouts
Reed Ranch Road 45’ N/O Via Capistrano End Summer 2023 HM Digouts
Reedland Woods Way Blackfield Drive Cul-de-sac Summer 2023 HM Digouts Ridge Road 250’ W/O Straits View End Summer 2023 HM Digouts
Seafirth Lane Seafirth End Summer 2023 HM Digouts
Straits View Drive Ridge End Summer 2023 HM Digouts
Venus Court Juno Cul-de-sac Summer 2023 HM Digouts
Vistazo West Street Diviso End Summer 2023 HM Digouts
PASSED AND ADOPTED at a regular meeting of the Town Council on May 18, 2022, by the
following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JON WELNER, MAYOR TOWN OF TIBURON
ATTEST:
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Public Works
Subject: Adopt A Resolution Ordering the Annual Engineer’s Report for the Landscape and Lighting District in the Cypress Hollow Subdivision Reviewed By: _________
Greg Chanis, Town Manager
________
Benjamin Stock, Town Attorney
SUMMARY Adopt a Resolution Ordering the Annual Engineer’s Report for the Landscape and Lighting District in the Cypress Hollow Subdivision. RECOMMENDED ACTION(S)
1. Adopt a Resolution ordering the annual Engineer’s Report (Exhibit 1).
BACKGROUND
On July 3, 1990, the County of Marin established a Landscaping and Lighting District in Cypress Hollow. The County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas with the Cypress Hollow Subdivision: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary
area, and (3) ownership and maintenance of the park site.
In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the Tiburon Town Limits. Subsequent to that annexation, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress
Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance, and funding to the Town.
Based on this resolution, the Town of Tiburon has maintenance responsibility for:
1. The 25-foot sanitary sewer easement landscape and irrigation on the east boundary;
2. Entry landscaping and the 30-foot storm drainage easement on the southwesterly
boundary and irrigation system; and
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-7
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 2
3. Ownership and maintenance of the park site.
Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof.
ANALYSIS
To proceed with the renewal of the assessments, the Town prepares an Engineer’s Report for the
upcoming fiscal year for which assessments are to be levied and collected to pay for the costs of the improvements described in the report.
State law requires three Council meetings to complete the annual assessment process. At today’s meeting, Town Council will adopt a resolution (Exhibit 1) ordering the preparation of the annual Engineer’s Report for the LLD. This resolution formally orders preparation of the annual
Engineer’s Report to come back to Town Council for consideration at the second meeting scheduled on June 1, 2022. At that meeting, Town Council will adopt a resolution of intent approving the Engineer’s Report for Fiscal Year 2022/2023 and set the time and place for a public hearing.
On June 15, 2022 Town Council will hold the third meeting. At this public hearing it will
consider confirming the diagram and assessment for the landscape and lighting district. If the Council confirms the assessment, then Staff will finalize the engineer’s report and complete the necessary paperwork and submit to the County assessor’s office.
FINANCIAL IMPACT The Cypress Hollow Landscape and Lighting District assessment is necessary to offset some of
the costs of maintaining and improving the facilities in the district. Without this source of funding, these costs would be paid for solely from the General Fund.
CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council adopt a Resolution (Exhibit 1) ordering the annual
Engineer’s Report.
Exhibit(s): 1. Draft Resolution Ordering Annual Engineer’s Report Prepared By: David O. Eshoo, Associate Engineer
EXHIBIT 1
Page 1 of 2 Town Council Resolution No. XX-2022 DRAFT 05/18/2022
DRAFT RESOLUTION NO. XX-2022 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON INITIATING PROCEEDINGS FOR THE LEVY AND ASSESSMENT FOR THE LANDSCAPE AND LIGHTING DISTRICT IN CYPRESS HOLLOW FOR FISCAL YEAR 2022/2023 AND ORERING PREPARATION OF THE ANNUAL ENGINEER’S REPORT
WHEREAS, on July 3, 1990 the County of Marin established a Landscape and Lighting District in Cypress Hollow; and WHEREAS, the County of Marin received assessments from the parcels therein for the
purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the 25-
foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area,
and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, after completing annexation of the parcels in the
Cypress Hollow District, stated its intention and continued the operation and maintenance
activities of the Cypress Hollow Landscape and Lighting District; and WHEREAS, the Town Council desires to move forward with proceedings to levy the Fiscal Year 2022/2023 assessments.
NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The Town Council hereby initiates proceedings to levy the Fiscal Year 2022/2023 assessments for the Landscape and Lighting District in Cypress Hollow.
Section 2. The Town Council directs the Town Engineer to prepare the annual Engineer’s Report for Fiscal Year 2022/2023. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon, on May 18, 2022 by the following vote:
AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Page 2 of 2 Town Council Resolution No. XX-2022 DRAFT 05/18/2022
______________________________ JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
___________________________________ LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 4
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Community Development
Subject: Recommendation to Approve final adoption of Ordinance No. ____: Adoption of an ordinance amending Chapter 14-3.313 (Urban Lot Splits) to Chapter 14 (Subdivision of Land) and Chapter 16.53 (two-unit developments)
to Chapter 16 (Zoning) Reviewed By: _________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY Adopt the attached Ordinance amending Tiburon Municipal Code by adding Chapter 14-3.313 (Urban Lot
Splits) to Chapter 14 (Subdivision of Land) and Chapter 16.53 (two-unit developments) to Chapter 16 (Zoning). RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Move to waive a second reading of Ordinance No.____ (Exhibit 1) and adopt the ordinance.
BACKGROUND The Town Council passed first reading of this ordinance following a public hearing on May 4, 2022, waiving any further readings. The Town Council received a staff report and took public
comment. After closing the public hearing, the Town Council discussed the issues and directed
staff to amend the Ordinance by deleting Section 4 (b), correcting the enumeration and adding language to the objective design standards to include the word “each” or “new” to the subject residential unit to provide additional clarity. Staff then reviewed the Ordinance further and found that a typographical error occurred when drafting the Ordinance and Section 4 has been found to
be mistakenly left in the ordinance and is unnecessary, therefore Staff has deleted Section 4 in its
entirety. The item now comes before the Town Council for final approval and adoption. This is a consent calendar item. The Council’s motion to adopt this item on the consent calendar will constitute a
motion to confirm the waiver of second reading from the previous meeting and adopt the
ordinance attached as Exhibit 1. Each Councilmember’s vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance.
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-8
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 4
Should any Councilmember choose to vote differently on this item than other items (if any) on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. ANALYSIS On September 16, 2021, the Governor of California signed Senate Bill 9 (SB 9) into which amends or adds several sections to the Government Code (sections 65852.21, 66411.7, and 66452.6). SB 9 became effective on January 1, 2022, thereby streamlining the development of housing and allowing multiple housing units on single family zoned properties and requires local
jurisdictions to grant such project through a ministerial approval process. In effect the law requires ministerial approval of two-unit developments and lot splits in single-family residential zones that meet certain criteria. The intent of SB 9 is to address California’s housing shortage by increasing density in single-family neighborhoods, allowing additional units to be built on a lot that is currently zoned for a single-family residence. SB 9 builds on previous State legislation for
accessory dwelling units (ADUs) but provides greater opportunities for sale and ownership of the resulting units.
While SB 9 mandates that two-unit developments and urban lot splits be allowed through a ministerial review in the single-family zones. Local jurisdictions are allowed to require projects to meet objective subdivision and development standards, as well as objective design review
standards, as long as those objective standards do not otherwise physically preclude the construction of two units or preclude either of the units from being at least 800 square feet in floor area. (Government Code § 65852.21((b)(2)(A); Government Code § 66411.7(c)(2)(A).)
Although the Town of Tiburon is not required to adopt an ordinance to implement SB 9, staff
recommends the Town Council amend the residential zoning regulations to establish clarity and
certainty for staff, property owners, and the larger community. In addition, staff recommends the Town Council amend Chapter 14 of the Municipal Code pertaining to lot splits (Parcel Maps) to allow for ministerial processing of maps and applying applicable standards, also required under SB 9. In this case, clarity and certainty are particularly important because the ministerial process
required by SB 9 is implemented entirely by Town staff without any public notice, public
hearings to review or assist in the approval of a development.
The proposed amendments to the residential zoning districts zoning are intended to serve two purposes for the Town:
1. Establish clear and objective standards for the review of future applications
by staff for lot splits and new housing in all residential zoning districts that
permit development of single-family homes as required by SB 9.
2. Encourage well-designed infill housing in the single-family residential family in support of the Town’s Regional Housing Needs Allocation (RHNA).
The Housing Element of the General Plan is currently being updated for the period 2023-2031.
The Housing Element establishes the goals, policies, and actions necessary to ensure an adequate
supply of housing to meet Tiburon’s RHNA, which is 639 units. In 2021, seven (7) ADUs were approved and four (4) JADUs were approved. Of those approved, two (2) have been completed and one single family home was constructed. SB 9 provides authority to develop each lot with a
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 3 OF 4
total of 4 units and also permits local jurisdictions to limit infill development to 4 units by prohibiting ADU’s and JADU’s on lots that have developed two units and or split parcels. SB 9 provides authority to develop each lot with a total of 4 units and also permits local jurisdictions to limit infill development to 4 units resulting 8 units after a lot split has been granted.
While not expected to significantly increase housing production in residential zones, this easing
of restrictions on two-unit developments and land divisions in the residential zones can provide opportunities for infill development, as well as affordable rental and home ownership opportunities. SB 9 allows for the development of new, for-sale homes, either on a newly subdivided lot, with the addition of one residential unit where a single-family home already exists, or through the conversion of existing single-family homes into two family homes. This
ability to create duplexes and/or split a lot and convey new units with a distinct title would allow property owners to pursue a wider range of financing options than have typically been available for ADU construction.
On March 23, 2022, the Planning Commission held a public hearing, took public testimony and recommended a maximum height of 16 feet for any two-unit development, and reorganization
and formatting fixes on the document. The Commission then unanimously passed Resolution No. 2022-001, recommending the Town Council adopt the proposed amendments to Chapters 14 and 16 of the Municipal Code. On May 4, 2022, the Town Council held a public hearing to consider an ordinance to consider
adoption of revisions to the Tiburon Municipal Code by adding Chapter 14-3.313 (Urban Lot Splits) to Chapter 14 (Subdivision of Land) and Chapter 16.53 (two-unit developments) to Chapter 16 (Zoning). The Town Council then discussed the item and directed staff to return with some changes to the
ordinance that included the addition of language within the development standards to add the
words “each” and or “new” to the list of standards to provide additional clarity and deletion of Section 4(b) as well as some additional clerical errors. The Town Council then voted 4-0 to amend the Ordinance as presented and to waive additional readings.
FINANCIAL IMPACT
Staff anticipates that there will be no fiscal impact resulting from adoption of the Ordinance. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined the proposed amendments to the Municipal Code are exempt
from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines section 15061(b)(3), general rule, which applies to any action where can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. Therefore, no further environmental review is necessary.
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 4 OF 4
RECOMMENDATION Staff recommends that the Town Council: 1. Move to waive a second reading of Ordinance No.____ (Exhibit 1) and adopt the
ordinance. Exhibit(s): 1. Draft Ordinance No. ______
Prepared By: Dina Tasini, Director of Community Development
EXHIBIT 1
Page 1 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
DRAFT ORDINANCE NO. XXXX
AN ORDINANCE OF THE TOWN OF TIBURON ADDING CHAPTER 14-3.313
(URBAN LOT SPLITS) TO CHAPTER 14 (SUBDIVISION OF LAND) AND CHAPTER
16.77 (TWO-UNIT HOUSING DEVELOPMENTS) TO CHAPTER 16 (ZONING) OF
THE TOWN OF TIBURON MUNICIPAL CODE, TO IMPLEMENT GOVERNMENT
CODE SECTIONS 66411.7 AND 65852.21 (SENATE BILL 9) RELATED TO URBAN
LOT SPLITS AND TWO-UNIT HOUSING DEVELOPMENTS
WHEREAS, SB-9 (Chapter 162, Statutes of 2021) enacted sections 66411.7 and
65852.21 to the Government Code, effective January 1, 2022; and
WHEREAS, these provisions require the Town to provide ministerial approval of urban
lot splits, (“Urban Lot Splits”) and the construction of up to two residential dwelling units
(“Two-Unit Developments”) on each single-family residential zoned lot within the Town, subject
to certain limitations; and
WHEREAS, Government Code section 66411.7(a) limits eligibility of Urban Lot Splits
by size and proportionality; and
WHEREAS, Government Code sections 66411.7(a)(3)(C) and 65852.21(a)(2) limit
Urban Lot Splits and Two-Unit Developments, respectively, to sites that are not located on or
within certain farmland, wetlands, very high fire hazard severity zones, hazardous waste sites,
earthquake fault zones, special flood hazard areas, regulatory floodways, lands identified for
conservation, habitats for protected species, and historic properties, unless projects on such sites
meet specified conditions; and
WHEREAS, Government Code sections 66411.7(a)(3)(D) and 65852.21(a)(3) through
(a)(5) limit eligibility of an Urban Lot Split and a Two-Unit Development, respectively, that
proposes to demolish or alter housing subject to affordability restrictions, housing subject to rent
or price controls, housing that has been occupied by a tenant in the last three years, housing that
has been withdrawn from rent or lease within the past 15 years, and housing that requires
demolition of existing structural walls unless authorized by local ordinance or has not been
tenant-occupied within the past 3 years; and
WHEREAS, Government Code sections 65852.21(a)(6) and 66411.7(a)(3)(E) allow the
Town to deny an Urban Lot Split for properties within a historic district or listed on the State’s
Historic Resource Inventory or within a site that is designated or listed as a Town or county
landmark or historic property or district pursuant to a Town or county ordinance; and
WHEREAS, Government Code sections 66411.7(c) and 65852.21(b) allow a Town to
establish objective zoning standards, objective subdivision standards, and objective design
Page 2 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
review standards for Urban Lot Splits and Two-Unit Developments, respectively, subject to
limits within state law; and
WHEREAS, such objective zoning standards, objective subdivision standards, and
objective design review standards may not have the effect of “precluding the construction of two
units on either of the resulting parcels from an Urban Lot Split or that would result in a unit size
of less than 800 square feet” for a Two-Unit Development; and
WHEREAS, Government Code sections 66411.7 and 65852.21 allow the Town to deny a
proposed Two-Unit Development or Urban Lot Split, respectively, if the project would have a
specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of section
65589.5, upon public health and safety or the physical environment and for which there is no
feasible method to satisfactorily mitigate or avoid the specific, adverse impact; and
WHEREAS, pursuant to Government Code sections 65852.21(j) and 66411.7(n), the
Town may adopt an ordinance to implement the provisions of Government Code sections
65852.21 and 66411.7, and such an ordinance shall not be considered a project under the
California Environmental Quality Act (“CEQA”); and
WHEREAS, the Town Council desires to implement objective standards and an
application process for projects undertaken pursuant to Government Code Sections 65852.21 and
66411.7 by the adoption of such an ordinance.
NOW THEREFORE, The Town Council of the Town of Tiburon does ordain as follows:
Section 1. The above findings are adopted and incorporated herein.
Section 2. Section 14-3.313- 14-3.316 (Urban Lot Splits) is added to Chapter 14 (Subdivisions)
of the Town of Tiburon Municipal Code to read as follows:
Title 14
URBAN LOT SPLITS
14-3.313. Purpose and Intent.
It is the purpose of this Chapter to provide procedures necessary for the implementation
of section 66411.7 of the Government Code pertaining to Urban Lot Splits. To accomplish this
purpose, the regulations outlined herein are determined to be necessary for the preservation of
the public health, safety, and general welfare, and for the promotion of orderly growth and
development.
Page 3 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
14-3.314 Definitions.
A. Urban Lot Split. The subdivision of a parcel within a residential single-family zone
into no more than two parcels pursuant to the authority set forth in section 66411.7 of
the Government Code.
14-3.315 Filing, Processing, and Action.
A. Ministerial Review. An Urban Lot Split shall be ministerially approved, without
discretionary review or hearing, if the proposed housing development meets all
provisions of this chapter and conforms to all applicable objective requirements of the
Subdivision Map Act (Division 2) commencing with section 66410 of the
Government Code.
B. Parcel Map. Applicants for Urban Lot Splits shall submit a Parcel Map application.
1. Applications shall include, at a minimum:
i. An affidavit from the applicant stating the applicant intends to occupy one of the housing units created through an Urban Lot Split as the applicant’s principal residence for a minimum of three years from the
date of the approval of the Urban Lot Split. An affidavit shall not be required if the applicant is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.
ii. Parcel map applications shall be accompanied with all data and reports as set forth in Section 14-3.304 and the fees as set forth in the applicable Town fee schedules.
2. Parcel maps for Urban Lot Splits shall not be conditioned on dedication of
right of way or construction of offsite improvements.
C. The Town shall act on a Parcel Map application for an Urban Lot Split within 50 days
of receipt of a complete application. If the applicant requests a delay in writing, the
50-day time period shall be tolled for the period of the delay. The Town has acted
on the application if it:
1. Approves or denies a Parcel Map application for an Urban Lot Split; or
2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this Chapter or other applicable laws and
regulations.
Page 4 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
D. Adverse Impact Upon Health and Safety. A proposed Urban Lot Split shall be denied
if the Building Official makes a written finding, based upon a preponderance of the
evidence, that the proposed Urban Lot Split would have a specific, adverse impact, as
defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the
Government Code, upon public health and safety or the physical environment and for
which there is no feasible method to satisfactorily mitigate or avoid the specific,
adverse impact.
E. Limitations on Approval. A proposed Urban Lot Split shall not be eligible for
approval pursuant to this Chapter if any of the following circumstances apply:
1. The proposed Urban Lot Split would require demolition or alteration of “protected housing.” Protected housing includes:
i. Housing that is subject to a recorded covenant, ordinance or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
ii. Housing that is subject to rent control through valid local rent control provisions.
iii. A parcel on which the owner of residential real property has withdrawn accommodations from rent or lease pursuant to Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
iv. Housing that has been occupied by a tenant in the last 3 years.
2. The parcel to be subdivided is located within a historic district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.
3. The parcel to be subdivided satisfies the requirements of subsections (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.
4. The parcel to be subdivided has been established through prior exercise of an Urban Lot Split pursuant to this Chapter. 5. Neither the owner of the parcel to be subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an
Urban Lot Split pursuant to this Chapter. “Acting in concert” means the owner, or a person acting as an agent or representative of the owner, knowingly participated with another person in joint activity or parallel action toward a common goal of subdividing the adjacent parcel.
Page 5 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
14-3.316 Development Standards.
The following objective development standards shall apply to Urban Lot Splits. In addition to
these standards, all provisions of the California Building Code shall apply to Urban Lot Splits.
A. General Standards.
1. Urban Lot Splits shall be permitted in all single-family residential zones, as
provided for in Chapter 16 of the Municipal Code.
2. Uses created through an Urban Lot Split shall be limited to residential uses.
3. Short Term Rentals Prohibited. The rental of any unit created through an
Urban Lot Split shall be for a term of longer than thirty (30) days.
4. Accessory Dwelling Units and Junior Accessory Dwelling Units.
i. As more fully set forth in section 16-77.040(A)(5), accessory dwelling
units or junior accessory dwelling units shall not be permitted on
parcels created through an Urban Lot Split pursuant to this Chapter.
B. Objective Development Standards.
1. Both newly created parcels must have a minimum lot size of 1,200 SF, 2. Neither of the resulting parcels can be smaller than 40 percent of the lot area of the original parcel,
3. The resulting parcels must both have access to or adjoins the public right-of-
way, sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq.,
4. The resulting parcel shall have four-foot side and rear yard setbacks.
C. Exceptions to Development Standards.
Notwithstanding subsection B of this section, all development standards
shall be subject to the following:
1. Any standards that would have the effect of physically precluding the
construction of two units on either of the resulting parcels or that would result
in a unit size of less than 800 square feet, shall not be imposed.
Page 6 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
2. No setback shall be imposed for an existing structure, or a structure
constructed in the same location and to the same dimensions as an existing
structure.
3. Correction of any legal nonconforming zoning condition shall not be
required as a condition of approval of an Urban Lot Split.
Section 3. Chapter 16.77 (Two-Unit Housing Developments) is added to Title 16 (Zoning) of the
Town of Tiburon Municipal Code as set forth below.
Title 16
TWO-UNIT HOUSING DEVELOPMENTS
16-77.010 Purpose and Intent.
The purpose of this chapter is to provide procedures and development standards for the
establishment of Two-Unit Housing Developments pursuant to Government Code
section 65852.21. To accomplish this purpose, the regulations outlined herein are determined to
be necessary for the preservation of the public health, safety, and general welfare, and for the
promotion of orderly growth and development.
16-77.020 Definitions.
A. Two-Unit Housing Development. A Two-Unit Housing Development is a
development containing no more than two primary dwelling units and which
development either (1) proposes two new units, or (2) proposes to add one new unit to
one existing unit.
16-77.030 Filing, Processing, and Action.
A. Ministerial Review. A Two-Unit Housing Development shall be ministerially
approved, without discretionary review or hearing, if the proposed housing
development meets all provisions of this chapter.
B. Administrative Permit. Applicants for Two-Unit Housing Developments shall submit
an Administrative Permit application in addition to a Building Permit application.
C. The Town shall act on an Administrative Permit application for a Two-Unit Housing
Development within 60 days of receipt of a complete application. If the applicant
Page 7 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
requests a delay in writing, the sixty-day time period shall be tolled for the period of
the delay. The Town has acted on the application if it:
1. Approves or denies the building permit for the Two-Unit Development; or
2. Informs the applicant in writing that changes to the proposed project are
necessary to comply with this chapter or other applicable laws and
regulations.
D. Adverse Impact Upon Health and Safety. A proposed Two-Unit Housing Development shall be denied if the Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed Two-Unit Housing
Development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.
E. Limitations on Approval. A proposed Two-Unit Housing Development shall not be
eligible for approval pursuant to this Chapter if any of the following circumstances
apply:
1. The Two-Unit Housing Development would require demolition or alteration of “protected housing.” Protected housing includes:
i. Housing that is subject to a recorded covenant, ordinance or law that
restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
ii. Housing that is subject to rent control through valid local rent control provisions.
iii. Housing that has been occupied by a tenant in the last 3 years.
2. The Two-Unit Housing Development would be located on a parcel on which
the owner has withdrawn it from renting or leasing under Section 7060 of the Government Code within 15 years preceding the development application (i.e., an exit of the rental housing business pursuant to the Ellis Act).
3. The Two-Unit Housing Development would be located within a historic
district, is included on the State Historic Resources Inventory, or is within a site that is legally designated or listed as a Town or county landmark or historic property or district.
4. The Two-Unit Housing Development would be located in any of the specified designated areas set forth in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4 of the California Government Code.
Page 8 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
16-77.040 Development Standards.
The following objective development standards shall apply to Two-Unit Housing Developments.
In addition to these standards, all provisions of the California Building Code shall apply to Two-
Unit Housing Developments.
A. General Standards
1. Two-Unit Housing Developments may either be detached or attached, as long as attached structures meet building code safety standards and are sufficient to
allow separate conveyance.
2. Two-Unit Housing Developments shall be permitted in all single-family residential zones including as provided for in Chapter 16 of the Municipal Code.
3. Short Term Rentals Prohibited. The rental of any Two-Unit Housing Development shall be for a term of longer than thirty (30) days. 4. Utility Connections. Each unit in a Two-Unit Housing Development shall be
served by separate water, sewer and electrical utility connections which
connect each unit directly to the utility. 5. Accessory Dwelling Units. No accessory dwelling unit or junior accessory dwelling unit shall be permitted on parcels that utilize the authority
of this Chapter and Section 14-3.313 et seq. (Urban Lot Splits).
6. Height. Two-Unit housing development shall not exceed 16 feet in height.
B. Objective Development Standards.
1. The color and materials of each new Residential Unit shall match the
Primary Unit. 2. Lighting shall be shielded and/or directed such that it does not produce glare visible from off-site or illuminate adjacent or nearby property.
3. Each Residential Unit shall have a permanent full kitchen with a sink, refrigerator and stove/oven. Only one kitchen is allowed per Residential unit. No exterior lights are allowed except two shielded downward pointing lights at the entry to the residential unit.
4. No windows facing the rear and side property lines are allowed when located less than 6 feet from the rear or side property line.
Page 9 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
5. No entryways are allowed within 10 feet of a side or rear property line. 6. Each new Residential unit is not allowed on any open space easement. A
title report shall be provided to identify all open-space easements. The Residential unit shall not have any reflective roof or building material. 7. The roof color of each new Residential unit shall use similar roof materials and color as the primary dwelling unit.
8. No vents, flues, or appurtenances shall exceed the height limit. 9. No signs are allowed on any residential unit except an address sign.
10. No portico, trellis or other roof is allowed as part of the residential unit. A 5x5 foot entryway roof is allowed but must be at least 10 feet from any property line 11. All Building Code requirements, including Appendix Q of the 2019
Residential Code (Tiny Houses) shall apply to all Residential Units. 12. Each Residential Unit shall not include any other item that would require discretionary approval, including but not limited to an exterior shower, exterior sink, pool, BBQ, spa, fence, and/or piping stub outs to the
exterior. 13. Two trees shall be planted at each proposed window of each new Residential unit facing a neighboring property where such trees are
consistent with the Fire Code.
14. Applicant shall submit a water budget consistent with the Model Water Efficient Landscape Ordinance (MWELO) demonstrating water use of no more than 500 gallons per 10,000 sq. ft. of lot area per day. The landscape
area of single-family residence, or duplexes shall be designed with no more
than 20% of the landscaped area planted in turf or plants that are not water-wise as defined as needing “low” or “very low” water per Water Use Classifications of Landscape Species (WUCOLS) established by the Water Use Efficiency Office of the California Department of Water Resources
(DWR) or other sources as verified by a licensed landscape architect.
15. Any protected tree to be removed as part of a new residential unit shall require a tree removal permit.
16. Fire District Regulations. Each Residential Unit shall comply with all
applicable Fire District regulations, subject to provisions and limitations set forth in Government Code Section 65852.2.
Page 10 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
17. Adequate sanitary service capacity for the additional increment of effluent resulting from the each Residential Dwelling Unit shall be available. If the lot is connected to the public sewer system, the applicant shall submit
a letter from the appropriate Sanitary District to that effect. If the lot is not connected to the public sewer system, the applicant shall submit a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the lot has adequate capacity to accommodate the proposed
Residential unit. 18. Attached Residential units. Independent exterior access separate from the primary dwelling is not required for an attached Residential Unit.
C. Exceptions to Development Standards. Notwithstanding subsection B of this
section, all development standards shall be subject to the following exceptions:
1. Where each of the units of a Two-Unit Housing Development is no greater
than eight hundred (800) square feet in size with side and rear setbacks of at
least four (4) feet, the Two-Unit Housing Development shall be permitted
regardless of any development standard that would prevent construction of
the units.
2. No setback shall be imposed for a Two-Unit Housing Development
constructed in the same location and to the same dimensions as an existing
structure.
Section 4: Environmental Review.
The Town Council finds and determines that enactment of this Ordinance is statutorily exempt
from the provisions of the California Environmental Quality Act ("CEQA"), pursuant to
Government Code sections 65852.21(j) and 66411.7(n), as this action is to adopt an ordinance to
implement the requirements of sections 65852.21 and 66411.7 of the Government Code.
Section 5: Effective Date.
This Ordinance shall be in full force and effect thirty (30) days from its passage and adoption.
Section 6: Severability. The Town Council hereby declares every section, paragraph, sentence, cause, and phrase of this
ordinance is severable. If any section, paragraph, sentence, clause, or phrase of this ordinance is
for any reason found to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Page 11 of 11
Town Council Ordinance No. XXX N.S. DRAFT Effective xx/xx/2022
Section 7: Certification.
The Town Clerk shall cause this ordinance to be posted and/or published in the manner required by law. This Ordinance was introduced at the meeting of the Town Council on the 4th day of May, 2022, and was adopted at a regular meeting of the Town Council of the Town of Town of Tiburon on
the ___ day of _______ 2022, by the following vote: AYES: NOES: ABSENT:
JON WELNER, MAYOR TOWN OF TIBURON ATTEST:
LEA STEFANI, TOWN CLERK
TOWN OF TIBURON PAGE 1 OF 2
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Department of Administrative Services
Subject: Recommendation to Accept the March 2022 Investment Summary Reviewed By:
_________
Greg Chanis, Town Manager
n/a ________
Benjamin Stock, Town Attorney
SUMMARY Staff provides the Town Council a monthly report on the Town’s investment activity. This report is for the month ended March 31, 2022. RECOMMENDED ACTION(S) 1. Staff recommends that the Town Council move to accept the Investment Summary for March 2022.
BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town’s investment activities for the monthly period ended March 31, 2022.
All of the funds listed below are on deposit with the Local Agency Investment Fund (LAIF). ANALYSIS March 2022
Agency Investment Amount Interest Rate Maturity Local Agency Investment Fund (LAIF) –
Beginning Balance as of 03/01/2022 $24,963,207.23 0.365 % Liquid
Deposits 0.00
Withdrawals 0.00
Interest Earnings (Posted Quarterly) 0.00
Total Ending Balance as of 03/31/2022 $24,963,207.23
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: CC-9
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 2
The total invested at the end of the prior month was $24,963,207.23. No transactions were posted for the reporting period. Interest is posted by LAIF quarterly and will be reported on the April 2022 statement. In addition to the funds on deposit with LAIF, the Town invests funds in two Section 115
Irrevocable Trusts for Other Post-Employment Benefits and pension obligations. These trusts are administered by Public Agency Retirement Services (PARS). The PARS March 2022 Statement is attached to this report as Exhibit 1. FINANCIAL IMPACT
No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing – safety, liquidity and yield in this respective order. CLIMATE IMPACT
Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW
Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines
Section 15061 (b)(3).
RECOMMENDATION Staff recommends that the Town Council:
1. Move to accept the Investment Summary for March 2022 Exhibit(s): 1. PARS Section 115 Trust Account Summary for March 2022 Prepared By: Suzanne Creekmore, Director of Administrative Services
EXHIBIT 1
TOWN OF TIBURON PAGE 1 OF 3
STAFF REPORT
To: Mayor and Members of the Town Council
From:
Office of the Town Manager
Subject: Discuss Potential Ban of Single-Use Foodware Ordinance
Reviewed By:
_________ Greg Chanis, Town Manager
________ Benjamin Stock, Town Attorney
SUMMARY On May 10, 2022 the Marin County Board of Supervisors adopted an ordinance banning the use of single-use foodware and requiring the use of compostable or reusable materials for take-out. The Council will discuss whether it would like to pursue a similar ordinance. RECOMMENDED ACTION(S) 1. Discuss the ordinance and provide direction to staff on next steps.
BACKGROUND
In 2019, the cities of San Anselmo, Fairfax and Sausalito adopted similar ordinances that would ban the use of single-use foodware and require food vendors to use compostable or reusable materials for take-out. Around the same time, the County and other cities in Marin considered adopting similar
ordinances. The result was that most cities, including Tiburon, decided to wait for the County to adopt their ordinance, which would ideally serve as a model for the other cities, resulting in consistent regulations county-wide. At the time, the Marin Climate and Energy Partnership recommended the same approach.
On April 19, 2022, the Marin County Board of Supervisors approved first reading of an ordinance (Exhibit 1) that would require all food facility vendors to use reusable food ware for dine-in operations and compostable food ware for take-out services. The Supervisors approved the ordinance on May 10, 2022 and enforcement of the ordinance will begin on November 10, 2023.
ANALYSIS The County’s ordinance includes five key features:
TOWN OF TIBURON
1505 Tiburon Boulevard Tiburon, CA 94920
Town Council Meeting May 18, 2022
Agenda Item: DI-1
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 2 OF 3
1. All takeout disposable foodware (e.g., plates, bowls, cups, trays) must be natural-fiber compostable (no bioplastics). a. Takeout foodware must be certified by the Biodegradable Products Institute (BPI). b. Takeout foodware accessories must be natural-fiber compostable and when only available “upon request” or at takeout station.
c. Aluminum is allowed. 2. Reusable foodware and utensils must be used if a customer is dining in a restaurant. a. Dine-in customers must be served on reusable foodware (e.g., plates, bowls, cups, trays) and utensils. b. Natural-fiber compostable accessories can be provided upon request.
c. Enforcement to be phased in. 3. A $0.25 charge for disposable cups. a. Exemptions available for Cal Fresh/SNAP and WIC customers. 4. Garbage, Recycling, and Organics bins must be in front and back of house with graphic-rich signage.
a. Allows customers and employees to properly sort waste. b. Requirement of State Laws (AB 341, AB 1826, SB 1383). 5. Natural-fiber compostable straws and other foodware accessories may be available upon request.
The County’s ordinance will apply to all entities selling prepared food to the public in the County, including restaurants, grocery stores and delis, bakeries, carry-out, quick services, farmers markets, food trucks, and any other business with a health permit.
Additional FAQs and details about the County’s ordinance are available as Exhibit 2.
Enforcement Enforcement of the County’s ordinance will be the responsibility of the County’s Environmental
Health Services and will progress on the regular inspection schedule of all food vendors in the
county. Enforcement will begin on November 10, 2023. If the Town Council wishes to adopt the County’s ordinance, it may delegate enforcement to the County for an enforcement fee of $3,209. If the Council adopts the ordinance within 12 months
of the county ordinance adoption date (5/10/22), the enforcement fee will be waived.
FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town by discussion of this item, but if the Council
wishes to move forward with an ordinance, there may be future costs for outreach and
enforcement. CLIMATE IMPACT
Staff has determined the ban of single-use plastics to be consistent with the Town’s Climate
Action Plan strategies to mitigate and adapt to climate change, to reduce greenhouse gas emissions, and to reduce waste.
Town Council Meeting May 18, 2022
TOWN OF TIBURON PAGE 3 OF 3
ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to
constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION
Staff recommends that the Town Council discuss the ordinance and provide direction to staff on next steps. Exhibit(s): 1. County of Marin Ordinance Adopted 5/10/22 2. County of Marin Published FAQs Prepared By: Lea Stefani, Town Clerk
EXHIBIT 1
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 1
ORDINANCE NO. 2022- ORDINANCE OF THE MARIN COUNTY BOARD OF SUPERVISORS REQUIRING ALL FOOD FACILITY VENDORS TO USE REUSABLE FOODWARE FOR DINE-IN OPERATIONS AND COMPLIANT COMPOSTABLE FOODWARE FOR TAKE-OUT SERVICES
SECTION I. FINDINGS WHEREAS, the County of Marin has a desire and responsibility to protect the health, welfare, and safety of its citizens and economy. The proliferation of non-reusable (or disposable) foodware, packaging, and plastics has contributed to street litter, ocean pollution, marine, and other wildlife harm along with the greenhouse gas emissions from the production of the disposable materials. WHEREAS, using reusable dishware significantly reduces the generation of unnecessary waste, and in most applications saves money, reduces disposal costs, and improves customer
experience. WHEREAS, reducing the generation of non-reusable foodware including plastic utensils, plastic
cups, plastic clamshells, and plastic straws maximizes the operating life of landfills, reduces litter, and helps to lessen the economic and environmental costs of managing waste. This will also help protect the County’s environment from contamination and degradation making it a cleaner,
healthier region to all citizens and visitors. WHEREAS, the County of Marin restricted the use of expanded polystyrene (EPS) Foodware in 2009, and thus forged the path to reducing harmful, non-reusable foodware. WHEREAS, non-reusable foodware threatens public health because many types contain fluorinated chemical additives are known or suspected carcinogens or endocrine disruptors. These additives are known to leach from foodware into food and beverage containers and into compost, soil, and water. WHEREAS, numerous jurisdictions in the San Francisco Bay Area and the State of California
have adopted legislation reducing the use of non-reusable food packaging with local and national businesses successfully replacing single-use food packaging with affordable durable and reusable foodware or, when needed, compliant compostable fiber foodware products.
NOW, THEREFORE, based on the foregoing, the Board of Supervisors of the County of Marin ordains as follows:
SECTION II. Chapter 7.25 of the Marin County Code is amended as follows: Chapter 7.25 – Reusable Foodware Ordinance 7.25.010 - Definitions. (a) “BPI Certified” means those Compostable fiber Foodware products that have been certified by the Biodegradable Products Institute (BPI) to safely and readily biodegrade in an industrial composting facility in the typical processing time. As of January 1, 2020, BPI ensures all certified products are Fluorinated Chemical free.
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 2
(b) “Compliant Non-Reusable Foodware” means that an item or product intended for disposal after one use and is: (1) accepted by the County through its composting collection program
as Compostable as identified by the Deputy Director of Environmental Health Services or their designee; (2) is certified by either BPI Certified or other third party product certification recognized by the County through its Deputy Director of Environmental Health
Services or their designee to ensure the item is free of harmful chemicals including but not limited to Fluorinated Chemicals, that may have been used in foodware manufacture, and is (3) made entirely of Natural Fiber, as defined that term is below, and including but not limited to paper, wood, or sugarcane fibers. (c) “Compliant Foodware Accessory” means that an item or material is (1) accepted in County composting collection program as Compostable; and is (2) made entirely of Natural Fiber. (d) “Compost Facility” means compost facilities used by the County’s current waste haulers for composting organic material.
(e) “Compostable” means an item or material (1) will break down, or otherwise become part of usable compost in a safe and timely manner and (2) is Natural Fiber-based or made from other materials approved by the Deputy Director of Environmental Health Services
or designee. (f) “Compostable Plastics or Biodegradable Plastics” means the disposable products
developed from polylactic acid (PLA), which require a specific set of conditions to compost and/or biodegrade that do not exist in the County or the region. These products are considered non-compliant. (g) “County” means the County of Marin. (h) “County Facility” means any building or structure owned, leased, or operated by the County of Marin. (i) “Customer” means any person obtaining Prepared Food from a Food Vendor.
(j) “Director” means the Deputy Director of Environmental Health Services or their designee.
(k) “Disposable (or Non-Reusable) Cup” means a beverage cup designed for single-use to
serve beverages such as water, hot and cold drinks, and alcoholic beverages. (l) “Effective Date” means June 9, 2022.
(m) “EPS” means expanded polystyrene, also known as Polystyrene Foam. (n) “Fluorinated Chemical” means a class of fluorinated organic compounds containing at least one (1) fully fluorinated carbon atom, also known as perfluoroalkyl (PFOA) and polyfluoroalkyl (PFOS) substances, or PFAS chemicals. California Prop 65 lists PFOA and PFOS as reproductive toxicants. (o) “Foodware” means all containers, bowls, plates, food trays, cups, lids, boxes, and other like items that are used for Prepared Foods, including without limitation, Foodware for takeout foods and/or leftovers from partially consumed meals prepared by Food Vendors.
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 3
(p) “Foodware Accessories” means types of items usually provided alongside Prepared Food including but not limited to forks, spoons, knives, chopsticks, napkins, cup sleeves, food
wrappers, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, toothpicks, tray-liners, and plate-liners.
(q) “Food Vendor” means all vendors as described in the California Retail Food Code section 113789. This includes but is not limited to a: restaurant, bar, grocery store, delicatessen, bakery, food service establishment (carry out, quick service, full-service), public and private schools, food truck, itinerant restaurants, pushcart, farmers market, caterer, microenterprise home kitchen operations, cottage food operations, selling Prepared Food to be consumed on and off the premises located or operating within the County. (r) “Natural Fiber” means a plant-based, non-synthetic fiber, including but not limited to paper, wood, bamboo, palm leaf, wheat straw, or sugarcane. Natural Fiber does not include plastic of any kind.
(s) “On Request” means that only at the request of a customer shall the compliant product be provided.
(t) “Polystyrene Foam” means and includes blown polystyrene and expanded and extruded foams (sometimes incorrectly called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation) which are thermoplastic petrochemical materials utilizing
a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blow molding (extruded foam polystyrene). Polystyrene Foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, coolers, packing peanuts, and egg cartons. (u) “Prepared Food” means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises of the Food Vendor and includes Takeout Food. For the purposes of this chapter, Prepared Food does not include raw, butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.
(v) “Reusable or Durable” Foodware and Foodware Accessories, including plates, bowls, cups, jars, trays, glasses, straws, stirrers, condiment cups, utensils, etc. that are
manufactured of durable materials and specifically designed and manufactured to be washed and sanitized and to be used repeatedly over an extended period of time, and are safe for washing and sanitizing according to applicable regulations.
(w) “Takeout Food” means food or beverages requiring no further preparation to be consumed and which generally are purchased to be consumed off the premises of the Food Vendor. 7.25.020 - Dine-in Foodware regulations. Food Vendors within the unincorporated areas as well as participating jurisdictions in the County: (a) Shall sell or provide food and beverages for consumption on the premises using Reusable Foodware and utensils (forks, spoons, knives, chopsticks) except as otherwise provided in section 7.25.030 (b);
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 4
(b) May provide all other Compliant Foodware Accessories, which are made of Natural Fibers, including napkins, food wrappers, straws, stirrers, cocktail sticks, toothpicks, tray-liners,
and plate-liners. (c) Shall offer condiments in reusable containers or dispensers rather than pre-packaged
single-use condiment packets; and (d) Food Vendors will have eighteen (18) months following the Adoption Date before enforcement of this regulation begins. 7.25.030 - Takeout Foodware regulations. Food Vendors within the unincorporated areas as well as participating jurisdictions in the County selling Takeout Food for consumption off premises: (a) Shall provide takeout food in Reusable Foodware, or compostable Natural Fiber
Compliant Foodware, or items composed entirely of glass or aluminum; (b) Shall provide all other Compliant Foodware Accessories, which are made from Natural
Fibers, including napkins, cup sleeves, beverage trays, condiment containers, straws, stirrers, splash sticks, cocktail sticks, and toothpicks only Upon Request or at self-serve stations; and
(c) Takeout food bags shall be Reusable, paper, or comply with Chapter 5.46 (regulations for single-use carry-out bags).
(d) Takeout Food delivery services shall provide the option for Compliant Foodware Accessories (forks, spoons, knives, chopsticks) and single-use condiments only On Request. A Food Vendor or a Takeout Food delivery service may include lids, spill plugs, and sleeves without request for Non-Reusable Cups for delivery. (e) Food Vendors shall provide plastic straws only On Request, to accommodate any person's access needs. 7.25.040 - County purchasing, facilities, and County sponsored events.
The following regulations apply to County purchases, facilities, and County-sponsored events: (a) All County facilities that involve food service shall use Reusable Foodware and Compliant
Foodware Accessories. (b) County-managed concessions, County-sponsored events, and County-permitted events
shall use Reusable Foodware or Compliant Foodware and Compliant Foodware Accessories. (c) These entities are prohibited from using Non-Reusable plastic foodware, including EPS/Polystyrene Foam, and Compostable or Biodegradable Plastics. No County department shall purchase or acquire Non-Reusable plastic foodware for use at any County facility. Organizations or individuals using County facilities shall use Reusable or Compliant Foodware and Compliant Foodware Accessories.
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 5
(d) The County shall prohibit the use of EPS/Polystyrene Foam and Non-Reusable plastic foodware by vendors, franchisees, lessees, contractors, or other commercial food and
beverage purveyors at all County government center facilities, and County parks. Prohibited products include, but are not limited to, EPS/Polystyrene Foam and Non-Reusable plastic food containers, straws, bowls, plates, trays, utensils, clamshells, and
cups which are not intended for reuse, on or in which any foods or beverages are placed or packaged. (e) As of the Effective Date, all County departments that hold contracts, lease agreements, permits or other agreements that involve food service shall incorporate this prohibition into all new and renewed contracts, leases, permits, agreements, etc. (f) The use or distribution of EPS/Polystyrene Foam, and Non-Reusable plastic foodware at special events at County facilities that are sponsored or co-sponsored by the County shall be prohibited. This prohibition shall apply to the event organizers, agents of the event organizers, event vendors, and any other party (including non-profit organizations) who
have an agreement with one or more of the co-sponsors of the event to sell goods or beverages at the event or otherwise provide an event-related service.
(g) Written agreements with any vendor, including non-profit organizations, to sell food or beverages at an event that is sponsored or co-sponsored by the County, shall specifically prohibit the usage and distribution of EPS/Polystyrene Foam and Non-Reusable plastic
foodware. 7.25.050 - Non-Reusable cup charge. (a) All Food Vendors shall charge customers twenty-five cents ($0.25) at the point of sale for every Non-Reusable cup provided unless they are exempt under this chapter. (b) Income from the Non-Reusable cup charge shall be retained by the Food Vendor. (c) Charges for Non-Reusable cups shall be identified separately on any post-sale receipt provided and, pre-sale, shall be clearly identified for the customer on media such as
menus, ordering platforms, and/or menu boards. Customers placing orders by telephone shall be informed verbally of Non-Reusable cup charges.
(d) All customers demonstrating, at the point of sale, a payment card or voucher issued by the California Special Supplemental Food Program for Women, Infants, and Children (WIC) pursuant to Article 2 (commencing with section 123275) of Chapter 1 of Part 2 of
Division 106 of the California Health and Safety Code and as amended, or an electronic benefit transfer card (EBT) issued pursuant to section 10072 of the California Welfare and Institutions Code, and individuals with disabilities shall be exempt from the Non-Reusable cup charge. 7.25.060 - Separate waste receptacles required. (a) All Food Vendors who provide solid waste containers for customer use, must provide separate receptacles for solid waste, recyclables, and organics. Receptacles shall be colored black or grey for garbage, blue for recycling, and green for compost/organics.
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 6
(b) To the extent possible given space constraints, all receptacles for solid waste, recyclables, and organics should be placed adjacent to one another.
(c) Graphic-rich signage must be posted on or above each receptacle following the waste hauler’s guidelines.
7.25.070 - Exemptions. (a) Entities packaging Prepared Foods outside the County are exempt from the provisions of this chapter; provided, however, such entities are urged to follow the provisions of this chapter. (b) Non-Reusable Foodware and Foodware Accessories composed entirely of aluminum is exempt from the provisions of this chapter. (c) Should Foodware or Foodware Accessories made of Compliant compostable Natural
Fiber not be commercially available, as determined by Director or their designee, the County may approve temporary exemption of specific nonreusable Foodware or Foodware Accessories items until they are made commercially available. The County shall
maintain a list, updated annually, with Foodware or Foodware Accessories deemed not available commercially.
(d) For the immediate preservation of the public peace, health, or safety due to an emergency or natural disaster, the Board of Supervisors, or designee, may exempt Food Vendors, persons operating County facilities and agents, contractors, and vendors doing business with the County, from the provisions of this chapter. 7.25.080 - Enforcement. (a) Compliance with this ordinance is required as of the Effective Date. (b) Enforcement of this chapter shall be pursuant to Marin County Code sections 7.24.030 through 7.24.070, inclusive.
(c) Enforcement shall include written notice of non-compliance and a reasonable opportunity to correct, prior to issuance of any penalty.
(d) Enforcement of this chapter for the unincorporated County and cities and town within the County that have adopted the Reusable Foodware Ordinance within twelve (12) months
of the Adoption Date, without modification, will begin eighteen (18) months after the Adoption Date. A one-time enforcement fee will be assessed on all jurisdictions for which the County will enforce on behalf of. For jurisdictions that adopt the Reusable Foodware Ordinance within twelve (12) months of the Adoption Date, without modification, the County will waive the enforcement fee. Jurisdictions may adopt the Reusable Foodware Ordinance after twelve (12) months from the Adoption Date and designate enforcement to the County after payment of the enforcement fee. Enforcement will be the responsibility of the County’s Environmental Health Services. Enforcement will progress on the regular inspection schedule of all covered Food Vendors in the County as described in this chapter, unless a jurisdiction elects to pursue its own foodware enforcement policy with its local jurisdiction staff.
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 7
7.25.090 - Violations
The County may choose to undertake the following legal actions to correct and/or abate nuisances and violations of this ordinance. The Director of Environmental Health Services or their designee is authorized to promulgate regulations and take any and all other actions reasonable and
necessary to enforce the provisions of this Article, including but not limited to, entering the premises of any food provider during regular business hours to verify compliance, and by the issuance of Administrative Citations. The remedies and penalties provided by this Article are cumulative and in addition to any other remedies available at law or in equity. (a) Administrative Citations. Administrative citations may be issued for violations of this Chapter at the discretion of the Director. The issuance of an administrative citation under this chapter shall not supersede or limit the remedies provided elsewhere in this Code or California law, including other administrative citation remedies. Issuance of an administrative citation may be exercised in place of, but shall not be considered a waiver of, the use of any other available
enforcement remedy. (b) Process and Service of Citation.
1. Prior to issuance of citation penalty, the County shall issue a violation warning letter to the facility operator and provide the facility operator thirty (30) days to correct the violation(s).
2. The violation warning letter and/or citation shall be mailed to the food facility operator named in the facility’s permit. 3. The failure of any interested person to receive the violation warning letter and/or citation shall not affect the validity of the proceedings.
(c) Administrative Citation Penalty Schedule. Following the violation warning letter described in Section 7.25.090(b)(1) above and thirty (30) day cure period, if the violations remains, the County may issue the following administrative penalties: 1. A fine not exceeding $100.00 for the first violation; 2. A fine not exceeding $200.00 for a second violation of the same Code provision within one year; and 3. A fine not exceeding $500.00 for each additional violation in excess of two, of the same Code provision within one year. (d) Response to Citation Penalty
Following receipt of citation penalty, food facility operator shall have thirty (30) days to pay the fine as indicated on the citation, or to request a waiver of payment of the penalty due to unique undue hardship. This waiver may be granted by the Director upon demonstration
by a food facility operator to the satisfaction of the Director that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following: 1. A situation unique to the food facility where a suitable alternative that conforms with the requirements of this chapter does not exist for a specific application. 2. Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Foodware or Foodware Accessories made of Compliant compostable Natural Fiber is not available at a commercially reasonable price and the additional cost associated with providing the Compliant Foodware or Foodware is particularly
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 8
burdensome to the food facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the
overall financial resources of the food facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the food facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In
determining whether a significant economic hardship has been established, the Director or designee shall consider the following information: ability of the food facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options. (e) Nonpayment of Citation for More than One Year Deemed Nuisance. Nonpayment of any assessed violation for longer than one year shall constitute a nuisance and be subject to the nuisance abatement procedures in Marin County Code Chapter 1.05, including payment of civil penalties of up to $2,500 per violation per day and enforcement and other abatement costs incurred by the County. SECTION III. This Ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the County. The Board of Supervisors hereby finds that under
section 15061(b)(3) of the State CEQA Guidelines, this Ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment. It also finds the
Ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.
SECTION IV: SEVERABILITY Every section, paragraph, clause, and phrase of this Ordinance is hereby declared to be severable. If for any reason, any section, paragraph, clause, or phrase is held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, clauses or phrases, and the remaining portions or this ordinance shall continue in full force and effect unless amended or modified by the County. SECTION V: EFFECTIVE DATE AND PUBLICATION This Ordinance shall take effect thirty days after its passage and shall be published at least once in a newspaper of general circulation, printed and published in the County of Marin.
The foregoing ordinance was introduced before the Board of Supervisors of the County of Marin on April 19, 2022 and passed by the following vote:
SECTION V: VOTE PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of Marin held on this 10th day of May 2022, by the following vote: AYES: SUPERVISORS
NOES: SUPERVISORS
ABSENT: SUPERVISORS
County of Marin Reusable Foodware Ordinance – FEB 2022 DRAFT 9
PRESIDENT, BOARD OF SUPERVISORS ATTEST:
CLERK
EXHIBIT 2
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
Contents
GENERAL FAQ ............................................................................................................................................. 2
Which jurisdictions will be affected by the ordinance? ............................................................................ 2
What are compostable plastics or bio-plastics? Why are they prohibited? ............................................. 2
How does the proposed ordinance align with state regulation? .............................................................. 3
Are plastic lids on beverage cups / food containers allowed? .................................................................. 3
Are there exemptions in the Ordinance? If so, what are they? ................................................................ 3
Why doesn’t it apply to pre-packaged food in grocery stores (like plastic produce clamshells)? ............ 4
Who will provide education? Who will enforce the Ordinance? .............................................................. 4
Are other jurisdictions taking similar steps? ............................................................................................. 4
FOOD FACILITY FAQ ................................................................................................................................... 4
What is prepared food? ............................................................................................................................. 4
Will my food facility be affected? .............................................................................................................. 5
How long do I have until I have to comply?............................................................................................... 5
Will there be resources available to help my facility comply? .................................................................. 5
How can I find compliant food service ware products? ............................................................................ 5
Do compliant food service ware products cost more? .............................................................................. 6
Are there any exempt items? Can my food facility be granted an exemption?........................................ 6
What are the penalties for not complying? ............................................................................................... 6
HEALTH-RELATED FAQ ............................................................................................................................... 6
What is PFAS? Why are they prohibited in the Ordinance? ...................................................................... 6
Are reusable items safe to use? ................................................................................................................. 6
FREQUENTLY ASKED QUESTIONS
IT’S TIME TO SAY GOODBYE
TO SINGLE-USE PLASTIC FOODWARE
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
GENERAL FAQ
Which jurisdictions will be affected by the ordinance? Each Marin jurisdiction would need to adopt their own version of the ordinance. Currently, the County
of Marin is considering adopting the ordinance which would affect food facility operators in the
unincorporated portions of the County. Some Marin cities/towns have already adopted single use
plastic ordinances including San Anselmo (San Anselmo Single Use Foodware Regulations), Fairfax
(Single Use Foodware Reduction), and Sausalito (Single Use Plastics code language).
What are compostable plastics or bio-plastics? Why are they prohibited?
Compostable plastics are materials that are designed to break down into commercial compost facilities
to become biomass, water and carbon dioxide. However, there are significant concerns with
bioplastics, including:
• Some bio-plastics may contain harmful chemicals such as PFOs and PFAs.
• When non-compostable bio-plastics enter compost and/or recycling processing facilities, they
contaminate the waste stream.
• Bio-plastics do not always break down during the composting process.
• Bio-plastics look a lot like their plastic counterparts during the composting process which can
challenge compost sorting.
• When bio-plastics end up in oceans and bays, they behave similar to regular plastics in the way
they decompose, potentially harming marine life.
Locally, nearly 90 percent of Marin’s organic material (food scraps, food soiled paper, and yard
trimmings) is processed locally at the WM EarthCareTM Compost Facility located on the Redwood
Landfill in unincorporated Novato. The facility produces compost approved for organic farming. This
compost is then used by local farmers and ranchers in Marin County to keep their soil, crops, and
animals healthy. According to WM EarthCareTM Compost Facility, “compost that is suitable for use in
organic food production in California must be registered as an Organic Input Material with the
California Department of Food and Agriculture. This means only a very limited, if any, amount and type
of synthetic (i.e. paper and cardboard) material can be included. CDFA investigators conduct routine
sampling and inspections, respond to consumer complaints and make sure facilities comply with the
laws and regulations.” As such, WM EarthCareTM Compost Facility does not accept many commonly
labeled “compostable” materials such as bio-plastics. It is very common for the large commercial
compost facilities in the North Bay that receive compostables from County agencies to exclude the
materials that include bio-plastics due to the organic registration.
For all of the above reasons the County’s proposed ordinance prohibits the use of bio-plastic
foodware.
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
How does the proposed ordinance align with state regulation?
In October 2021, three relevant foodware regulations, Assembly Bill (AB) 1200, AB 1201, and AB 1276,
were signed into law by Governor Newsom. AB 1200 prohibits distribution or sale of any food
packaging that contains regulated perfluoroalkyl and polyfluoroalkyl substances (PFAs) beginning
January 1, 2023. AB 1201 prohibits the sale of products labeled with the term “compostable” or “home
compostable” unless the product satisfies a specified criteria. AB 1276 expands the plastic straws upon
request law (AB 1884) to include other single-use food accessories (e.g., utensils), other food facilities,
and third-party delivery platforms for food that is taken away, delivered, or served on-site, and
requires cities to authorize enforcement of those requirements prior to June 1, 2022. These new state
laws are in alignment with the County of Marin’s proposed Ordinance, which will prohibit PFAs in
permitted foodware in the County, requires compostable foodware to be compliant with the County’s
composting programs, and requires permitted straws to be provided only upon request.
Are plastic lids on beverage cups / food containers allowed?
Yes. Under the current Ordinance, beverage and food container lids used by food facilities are not
required to be made from natural fiber (e.g., paper, sugarcane, wheat stalk, etc.). The County
understands that for those food facilities that provide grab-and-go food options, the lids will need to
be transparent to allow customers to view the food that they are considering for purchase.
Additionally, many plastic lids (both traditional and compostable plastic) seem to provide a more
secure lock on the food container/cup than the natural fiber counterparts that are currently on the
market. The County may reassess its stance on lids in the future based on several factors, including the
availability of new compliant items on the market. In the meantime, whenever possible, the County
encourages food facilities to voluntarily test and utilize, if acceptable, existing natural fiber-based lids
for their operations.
Are there exemptions in the Ordinance? If so, what are they?
The following exemptions are included in the Ordinance:
• Food facilities can use disposable food service ware that is made entirely of aluminum.
• Disposable, single-use plastic straws may be provided only upon request to consumers with
medical needs. Healthcare facilities may distribute disposable, single-use plastic straws without a
request from patients.
• Drive-through areas of food facilities or delivery service platforms may distribute straws and cup
sleeves without a request from the customer.
• If no reasonably feasible disposable food service ware alternative that complies with the Ordinance
exists, the item currently being used by the food facility may be exempt.The County will annually
review and publish a list of food service ware items for which there is not yet a commercially
available and effective alternative. Items on this list will not be subject to enforcement.
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
Why doesn’t it apply to pre-packaged food in grocery stores (like plastic produce
clamshells)?
The ordinance is designed to address food service waste related to prepared food that is expected to
be consumed on or off premises which can contribute significantly to local litter and waste streams.
This type of regulation is much more suited for federal and state-wide action as it is extremely difficult
to regulate material packaged outside of the County. There is statewide legislation (i.e., AB 842) and
ballot initiatives (California Plastic Waste Reduction Regulations Initiative and Break Free from Plastic
Pollution Act) in development that aim to address plastic waste at the vendor and producer levels.
Who will provide education? Who will enforce the Ordinance? The Marin County Environmental Health Division food inspection program staff will take a proactive
approach in educating all retail food facility operators regularly of the requirements of the proposed
ordinance and taking enforcement action as necessary. This has the potential to result in greater
overall levels of compliance and has the benefit of staying power because there would be regular
education and outreach on an annual basis. The Environmental Health Division is in a unique position
to provide proactive outreach during already scheduled visits to businesses as a part of its food
program.
Are other jurisdictions taking similar steps?
A number of jurisdictions throughout the state and Bay Area have either already adopted or are in the
process of adopting similar single-use plastic foodware ordinances. Some examples include:
• San Anselmo (Adopted 11/28/2018)
• Fairfax (Adopted 10/4/2019)
• Sausalito (Adopted 6/11/2019)
• Nine jurisdictions in Sonoma County including the County of Sonoma, Cloverdale, Cotati,
Healdsburg, Petaluma, Santa Rosa, Sebastopol, Sonoma, and Windsor
• Berkeley (Adopted in 2019)
• Fourteen jurisdictions in San Mateo County
• San Francisco (Adopted 10/29/2018)
• City of Alameda (Adopted 10/3/2017)
• El Cerrito (Adopted 11/29/2021)
• City of Santa Cruz (Adopted 1/14/2020)
• Watsonville (Adopted 7/8/2019)
FOOD FACILITY FAQ
What is prepared food? “Prepared Food” means food or beverages, which are served, packaged, cooked, chopped, sliced,
mixed, brewed, frozen, squeezed or otherwise prepared on the premises of the Food Vendor and
includes Take-out Food. For the purposes of this chapter, Prepared Food does not include raw,
butchered meats, fish and/or poultry, which are sold from a butcher case or similar appliance.
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
Will my food facility be affected?
In jurisdictions that adopt the ordinance, it will apply to all food vendors as described in the California
Retail Food Code section 113789. The ordinance applies to any food vendor selling Prepared Food to
be consumed on and off the premises located or operating within the jurisdiction adopting the
ordinance. This includes but is not limited to a:
• Restaurant
• Bar
• Grocery store
• Delicatessen
• Bakery
• Food service establishment (carry out, quick service, full-service)
• Public and private schools
• Food truck
• Itinerant restaurants
• Pushcart
• Farmers market
• Caterer
• Microenterprise home kitchen operations
• Cottage food operations
How long do I have until I have to comply?
Enforcement of the ordinance begins eighteen (18) months after adoption of the County ordinance
allowing food facility operators time to receive educational materials and assistance, use up existing
non-compliant foodware, and recover from COVID-19 impacts. Given an anticipated County adoption
date of May 10, 2022, enforcement would not begin until November 10, 2023 at the earliest.
Will there be resources available to help my facility comply?
Yes, the County has partnered with a consultant team to develop resources and provide direct
outreach, education and technical assistance to food facility operators. In 2021, the County also
offered a grant program to help businesses begin to make the transition to compliant materials. We
are hoping to refund and relaunch the program later in 2022.
How can I find compliant food service ware products?
The County team has developed a complaint foodware matrix and will continually update and revise it
as more products become available. Additionally, the Town of San Anselmo has an excellent tool for
finding compliant alternatives. Note these are not complete lists nor does the County endorse or
recommend specific manufacturers or distributors but provides these resources for informational
purposes.
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
Do compliant food service ware products cost more?
There can be lifecycle cost savings from switching to reusable foodware materials and as demand
increases more suppliers are developing compliant materials which is bringing down the costs of fiber
based disposable materials. The Town of San Anselmo and ReThink Disposable completed a number of
case studies of businesses complying with foodware ordinances that demonstrated cost savings.
Are there any exempt items? Can my food facility be granted an exemption?
The following exemptions are included in the Ordinance:
• Food facilities can use disposable food service ware that is made entirely of aluminum.
• Disposable, single-use plastic straws may be provided only upon request to consumers with
medical needs. Healthcare facilities may distribute disposable, single-use plastic straws without a
request from patients.
• Drive-through areas of food facilities and delivery service platforms may distribute straws and
cup sleeves without a request from the customer.
• If no reasonably feasible disposable food service ware alternative that complies with the
Ordinance exists, the item currently being used by the food facility may be exempt. The County
will annually review and publish a list of food service ware items for which there is not yet a
commercially available and effective alternative. Items on this list will not be subject to
enforcement.
What are the penalties for not complying? Violations of the provisions of the ordinance will result in administrative citations and fines. The
penalties and fines shall be enforced as follows: $100.00 for a first violation, $200.00 for a second
violation within 12 months, and $500.00 for third and additional violations within 12 months.
HEALTH-RELATED FAQ
What is PFAS? Why are they prohibited in the Ordinance?
The Ordinance will only allow natural fiber-based food service ware that is free of all intentionally
added fluorinated chemicals (i.e., per- and polyfluorinated alkyl substance, which is also known as
PFAS). Fluorinated chemicals are synthetic chemicals commonly used in disposable foodware as
coatings that help the materials be heat and grease resistant. PFAS can persist in the environment for a
very long time and can impact human health. To verify that natural fiber-based food service ware is
free of PFAS, they will need to be certified by the Biodegradable Products Institute (BPI) or another
party approved by the County. Look for this BPI logo/label on food ware products.
Are reusable items safe to use? Yes, reusables are safe to use! Based on the best available science and guidance from public health
professionals, it is clear that reusable systems can be used safely by employing basic hygiene. Reusable
food service ware is safe to use for both (1) dine-in and (2) take-out/delivery services provided by
service providers (e.g., Dishcraft, Dispatch, Sparkl, etc.) even during COVID- 19, as long as food facilities
For more information, please visit:
WWW.MARINCOUNTY.ORG/FOODWARE
and service providers abide by California Public Health Code, local COVID-19 safety guidelines, and
other applicable regulations.
Best Practices for Reusable Products in a Retail Space[1]
1. Comply with food safety health codes - Although not mandatory, The California Retail Food Code
allows food facilities to fill and refill clean, reusable consumer-owned containers. Environmental
Health Services food inspection staff and the Food Code require the food facilities to clean the
containers to prevent cross-contamination, isolate the container from the food service area or
sanitize the surface after filling/serving, and adhere to written procedures to maintain sanitation
practices. (per Sections 114121(b)(1) and 114075(e))
2. Use additional hygienic practices for COVID - The bottom line is that reusable items are safe to use
when cleaned with soap and water, and there is no substitute for thorough hygiene. Retail food
establishments should follow Food and Drug Administration guidance regarding retail practices and
COVID-19 safety.
3. Employ contact-free systems for customers’ personal bags and cups - Systems in which there is no
contact between the customer’s reusable cup, container or bag and retail surface areas can protect
workers and provide a precautionary approach to addressing COVID-19 transmission.
Update February 22, 2022
[1] https://www.greenpeace.org/static/planet4-international-stateless/2020/07/0c3a6a32-health-expert-
statement_updated.pdf