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HomeMy WebLinkAboutTC Agd Pkt 2016-02-03TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard • Tiburon, CA 94920 TIBURON TOWN COUNCIL February 3, 2016 Special Closed Session Meeting — 7:15 p.m. Regular Meeting — 7:30 p.m. REGULAR AND SPECIAL MEETING AGENDA CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember O'Donnell, Councilmember Doyle, Vice Mayor Fraser, Mayor Tollini SPECIAL CLOSED SESSION MEETING — 7:15 p.m. 1) CONFERENCE WITH LEGAL COUNCIL - ANTICIPATED LITIGATION Significant Exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Section 54956.9: One potential case ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ADJOURNMENT - to regular meeting CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY 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. INTRODUCTION OF NEW EMPLOYEES Russell Stiverson, Police Officer Daniel Andersen, Police Service Aide Chris DiCarlo, Police Service Aide PRESENTATION Water Supply and Rate Restructuring -Marin Municipal Water District General Manager Krishna Kumar 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. 1. Town Investment Summary - Adopt report for month ending December 31, 2015 (Director of Administrative Services Bigall) 2. Medical Marijuana - Consideration of Resolution clarifying prohibitions related to medical marijuana as a result of changes in State Law (Town Attorney: Ben Stock) ACTION ITEMS PUBLIC HEARINGS 1. Circulation Element Update - Adopt Updated General Plan Circulation Element and Approve Negative Declaration of Environmental Impact (Director of Community Development Anderson) 27 MAIN STREET Sam's Anchor Cafe - Appeal of Planning Commission's decision to approve a 920 sq. ft. canopy on a portion of an exterior deck for an existing restaurant File # CUP2015002; APPEALLANT: Water's Edge Hotel, 25 Main Street (Associate Planner O'Malley) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests January 22 & 29, 2016 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, \;rww.ci.tiburon.ca.us. 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. . %~��;. TOWN OF�TIBURON Town Council Meeting 1505 TiUuron Boulevard February 3,2016 ' �'f� Tiburon,CA 94920 Agenda Item: C�� \r � To: Mayor and Members oF the Town Council From: Administrative 5ervices Department Subject: Inv stment Summary—December 2015 Reviewed By: �� ' 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 period ended December 31, 2015. ANALYSIS December 2015 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $21,117,949.08 0.400% Liquid Investment Fund (LAIF) Housing note to $ 800,000.00 0.330% Based on Town Mana er Contract Money Market $ 100,000.00 0.10% Liquid (Bank of Marin) Total $22,017,949.08 The total invested at the end of the prior month was $20,887,949.08; therefore the Town's investments increased by $1,130,000 over November 2015. December investments historically increase significantly due to the receipt of a portion of secured property taxes for the year. 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. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for December 2015 Prepared By: Heidi Bigall, Director of Administrative Services %�� . Town Council Meeting , / s;,,. TOWN OF TIBURON r 1505 Tiburon Boulevard February 3,2016 `,;'�' Tiburon,CA 94920 Agenda Item: �C � � . � � To: Mayor and Members of Town Council From: Community Development Department Subject: Consider Adoption of a Resolution Affirming the Town's Zoning Code Prohibition on the Cultivation and Sale of Marijuana in the Town of Tiburon in Response to Recently-adopted State Legislation, Provide Direction to Staff Rega mg the Delivery of Medical Mazijuana in the Town of Tiburon Reviewed By: ���` BACKGROUND The Medical Marijuana Regulation and Safety Act(MMRSA), consisting of Assembly Bi11266, Assembly Bill 243 and Senate Bi11643, was enacted on September 11, 2015, and imposes new regulatory mechanisms related to medical marijuana. The MMRSA creates a comprehensive state-run licensing system for the commercial cultivation, manufacture, retail sale, transport, distribution, delivery, and testing of inedical cannabis. AB 243 sets up a dual licensing scheme for the cultivation of inedical marijuana. First, all medical marijuana businesses (including cultivation operations) must obtain a State license. Second, a medical mazijuana business may only operate within a jurisdiction if it is allowed by the city. Pursuant to AB 243, local jurisdictions that wish to prohibit or regulate the cultivation of marijuana must do so by March 1, 2016. The law will take effect on January 1, 2016. ANALYSIS Given this new regulatory framework,there are two actions the Council may wish to take to exercise its local authority over this industry. Cultivation and Sale of Medical Mariivana SB 643 &AB 243 give the Department of Food and Agriculture responsibility for regulating cultivation;the Department of Public Health for developing standards for manufacture, testing, and production and labeling of edibles;the Department of Pesticide Regulation for developing pesticide standazds; and the Department of Fish and Wildlife and State Water Boazd for protecting water quality. The Town of Tiburon currently prohibits the cultivation of inedical marijuana under principles of permissive zoning. In a permissive zoning scheme, all those uses not explicitly permitted are prohibited. Medical mazijuana cultivation is not listed as a permitted use or conditionally TOWN OF TIBURON PAGE 1 OF 2 Totim Couucil Nieeting FeUruary i,?016 permitted use in the Tiburon Zoning Code and is therefore prohibited by implication. The Department of Food and Agriculture may not issue a State license to cultivate medical marijuana within the Town. That being said, the League of California Cities is recommending that cities that have a permissive zoning code adopt a resolution prior to March 1, 2016, affirming the local prohibition against cultivation. Tiburon's Zoning Code does prohibit mazijuana dispensazies (point of sale) in all zones. This prohibition would be referenced in the resolution. Deliverv ABB 266 establishes a new Bureau of Medical Marijuana Regulation under the Department of Consumer Affairs. The Bureau is to establish a comprehensive internet system for keeping track of licensees and reporting the movement of commercial cannabis and cannabis products. AB 266 also establishes a dual licensing structure requiring State and local licenses or permits to establish marijuana businesses, including businesses that deliver medical marijuana. The State expects to start issuing licenses by January 2018. Under AB 266, deliveries of inedical mazijuana can be made by a dispensary and in a city or county that does not explicitly prohibit delivery by local ordinance. If the Town wishes to prohibit delivery of inedical marijuana, an ordinance must be adopted to that effect. If an ordinance expressly banning delivery is not adopted before the State begins issuing licenses, delivery of inedical mazijuana within the Town will be allowed. Staff recalls that at the time the Council banned marijuana dispensaries in 2015, it expressed concern that adequate delivery systems existed to serve Tiburon residents with legitimate medical mazijuana needs. Staf£therefore recommends that the Town Council not initiate a ban on delivery of inedical marijuana in the Town of Tiburon. FISCAL IMPACT No direct fiscal impact. RECOMMENDATION Staff recommends that the Town Council adopt the attached Resolution. EXHIBITS 1. Draft Resolution. 2. Background on Medical Marijuana Regulation and Safety Act. Prepared by: Scott Anderson,Director af Community Development TOWN OF TIBURON PAGE 2 OF 2 RESOLUTION NO. XX-2016 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AFFIRMING THE PROHIBITION OF MARIJUANA CULTIVATION AND SALE WHEREAS, Pursuant to California law, Health and Safety Code sections 11357 and 11358, it is a criminal offense to possess or cultivate marijuana unless otherwise authorized by law; and WHEREAS, in 1996, California voters approved Proposition 215, Health and Safety Code sections 11362.5 et seq., which provides that individuals may obtain and use marijuana for personal medicinal purposes when recommended by a physician; and WHEREAS, in 2003, the California Legislature passed legislation to fiu-ther regulate the usage and cultivation of inedical mazijuana; and WHEREAS, on October 9, 2015, Governor Brown signed the Medical Mazijuana Regulation Act("MMRSA", Assembly Bills 243, 266, and Senate Bi11643), effective Januazy 1, 2016,which establishes a comprehensive State licensing and regulatory framework for the cultivation, delivery, and sale of inedical marijuana; and WHEREAS, MMRSA provides that local agencies that wish to prohibit the cultivation of mazijuana within their jurisdictions must explicitly prohibit such cultivation by March 1, 2016, after which time cultivation will be allowed pursuant to State issued licenses; and WHEREAS, the Tiburon Municipal Code, Chapter 16, constitutes a permissive zoning scheme, under which those uses that do not constitute a permitted or conditionally permitted use aze prohibited; and WHEREAS, the cultivation of mazijuana is not a pernutted use within the Town's Zoning Code and is therefore prohibited; and WHEREAS, mazijuana dispensaries are specifically prohibited by the Tiburon Zoning Code in Section 16-20-030; and WHEREAS,the sale of marijuana is not a permitted use within the Town's Zoning Code and is therefore prohibited; and WHEREAS, the Town wishes to clazify and affirm the existing prohibition against the cultivation and sale of marijuana within its jurisdiction; and WHEREAS,the Town hereby affirms the prohibition against the cultivation of marijuana that exists in its Zoning Code; and WHEREAS, the Town also hereby affirms the prohibition against the sale of mazijuana that exists in its Zoning Code. Page � 1 Town of Tiburon Town Council Resolution XX-2016 --/--/2016 I �----u='T` 1'\T�. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. The cultivation of marijuana within the Town of Tiburon is prohibited; and 2. Marijuana dispensaries and sale of mazijuana within the Town of Tiburon are prohibited. PASSED AND ADOPTED at a regulaz meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERiN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page � 2 Town af Tiburon Town Council Resolutiott XX-2016 --/--/2016 , -- --— — -- - _ MEDICAL MARIJUANA REGULI.TION AND SAF�TY ACT' T�J�ia# Ci�:�es I�xeed �o Yn.�w Abo�fi the ���evv,i ��w aa�d Cul�a�a�i�n OVERVIEW CULTYVATFON Here's what you need to know: Here's what you need to do: ° Local prohi6ition or regulation:Cities may prohibit Determine if your city fits within City#� or City n2 as or regulate medical marijuana businesses within their described below: jurisdictions.Local authority remains intact under a City#�:Municipal Code that does not expressly prohibit the new law. nor expressly regulate cultivation of inedical marijuana and ° State license required:All medical marijuana is not a"permissive zoning'code.Need to talce action. businesses-dispensary sales,delivery service, qCTION REQUIRED:Adopt a land use ordinance cultivation,transport or distribution-must have a regulating or prohibiting the cultivation of inedical State license�. marijuana.The ordinance must be eNective by February m State license not enough:A medicai marijuana 28, 2016.The ordlnance may be adopted as an"urgency business in any city may only operate if it has ordinance,"or second reading must occur on or before permission from the State and permission from the lanuary 29,2016. city("dual licensing"). ° City#2:Municipal Code that is a"permissive zoning" ° Enforcement: Revocation of local permission to code and does not enumerate cultivation of inedical operate means a medical marijuana business must marijuana as a permitted or conditional use. Need to terminate operation because the new law requires take action. dual licensing. Upon approval of the State,a city may qCTION REQUIRED: (1)Check and confirm that your enforce State law. ciYy's zoning code is adopted and implemented under • State law penalties for unlicensed activity:There the principles of permissive zoning.If not,tal<e action are civil penalties and criminal penalties for operating recommended for City#1.(2)If confirmed,atlopt a without a State license. resolution that includes the following provisions: ° States that Health&Safery Code section 11362J77(b)(3) CULTIVATION provides that the oepartment of Food antl agriculture Here's what you need to know: may not issue a state license to cultivate metlical marijuana within a city that prohibits cultivation under If your city does not have a land use ordlnance in place principles of permissive zoning; regulating or prohibiting the cultivation of marijuana, eiYher expressly or otherwise under the principles = Re-affirms and confirms that the Zoning Code of permissive zoning,or chooses not to administer a is adopted and operates under the principles of conditional permit program,then commencing March permissive zoning; 1,2016,the State Department of Food and Agriculture � States this means that cultivation of marijuana is not will be the sole licensing authority for medical marijuana allowed within City#2 because it is not expressly cultivation applicants. permitted;and � Therefore,the State is not allowed to issue a license for the cultivation of inedical marijuana within Ciry#2. � AB 266(BOnta,Cooley,lones-Sawyer,Lack,Wood);AB 243 (WOOd);and SB 643(MCGUire).Effective 1/1/2016. BE SufE t0 COI1SUIt Wlth y0uf Clty BttOfIlBy bBfOrB taking 8ny 2 The Department of Consumer Affairs estiinates it will begin of the actions recommended in this document. issuing State licenses in lanuary 2018.The Department of Food and AgricWture antl the Department of Public Health . ,' ` T C A �` 7 T [� also have licensing authority untler the new law.Businesses L L:J"\V lJ L operating in compliance with local ordinances will get �— OF �AL I PORN IA priority in the State licensing application process. �_ � I T I E S October27.2075 y i � ,�. . � ` �%dYi�� h� .Y+�:�Y� --- ---- — �--_=FT:T'?� �?�;,�. �� �'- ---= --� -- MEDICAL MARIjUAI�A REGULATIOIV AND SAFETY .4CT' VdPsat Cities �eed co �now Abaut Ei?e ���`ew I.�.w and �eli�eiy Serv?ees OVERVIEW DELIVERY Here's what you need to know: Here's what you need to do: ° Local prohibition or regulation:Cities may prohibit ° Determine whether your city currently bans delivery or regulate meclical marijuana businesses within their services for medical marijuana. jurisdictions.Local authority remains intact under Q If you have a ban, determine whether it is an express the new law. ban,or a ban enacted via permissive zoning(i.e., it is e 5tate license required:All medical marijuana not listed in your zoning or other codes as a permitted businesses-dispensary sales,deliveiy senrice, activity within the city liinits). cultivation,or transport-must have a State license'. a If you have an express ban specifically itlentifying ' State license not enough:A medical marijuana marijuana deliveries as a prohibited activity,you do not business in any ciry may only operate if it has need to tal<e further action. permission from the State and perinission from the o If you wish to prohibit delivery services but tlo not have ciry("dual licensing"). an express ban,you need to tal<e further action. � Enforcement: Revocation of local permission to qC710N REQUIRED:Adopt an ordinance expressly operate means a medical marijuana business must banning deliveries within your jurisdiction.If you do not terminate operation because the new law requires adopt an express ban ordinance before the State begins dual licensing.Upon approval of the State,a city may issuing any SYate licenses,a State-licensed dispensary enforce State law. will be able to deliver medical marijuana within your ° State law penalties for unlicensed activity:There jurisdiction.You may adopt an ordinance expressly are civil penalties and criminal penalties for operating banning deliveries after the State begins to issue without a State license. licenses. However, it may be difficult to terminate the State licensee's deliveries at that time.Therefore, best DELIVERY practice is for an ordinance to be in place before the Here's what you need to know: State begins issuing State licenses.The State currently estimates that it will begin issuing dispensary licenses If a city does not expressiy prohibit the delivery of in lanuary 2018, but that could certainly happen sooner. medical marijuana within its jurisdiction,deliveiy will be allowed(with a State dispensary license).This means " A ban enacted via permissive zoning is not an that if your city wislies to prohiblt the delivery of inedical express ban. inarijuana within its jurisdiction,the city must adopt an Be sure to consult with your ciry attorney before taking any ordinance expressly prohibiting delivery services and of the actions recommended in this document. mobile dispensaries. 1 AB 26G(BOnt2,Cooley,Jones-Sawyer,Lack,Wood);AB 243 (WOOd);and SB 643(MCGUire).Effective�/1/2016. 2 The Department of Consumer Aff2irs estiinates it will 6egin issuing State licenses in lanuary 201S.The Departinent of t L Pood and Agriculture and the Departinent of Public Health ' ' . L L AG U L� also have licensing authority under the new law.Businesses - O f CALI PO���IA operating in compliance wiih local ordinances will get —_ � � � � � � priority in the State licensing application process � . ocroner v.zo7s \ �i q�9 � �' Ig-���ifk1�5°b '1.�e.a`.