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HomeMy WebLinkAboutTC Digest 2016-04-08TOWN COUNCIL WEEKLY DIGEST April 4-8, 2016 TIBURON Correspondence, Notices and other Information 1. Letter - March 17 - Mill Valley Refuse Service - No Rate Increase 2. Letter - Apr. 1- NRA Opposition to Ordinance Amending Muni Code Zoning** 3. Letter - Apr. 4 - NRA " "Regulation"** 4. Letter - Apr. 3 - Resident: Request for Curbside Trash Service 5. Email - Mar. 23 - Fair Housing Month Proclamation 6. Email - Apr. 1- ABAG - General Assembly & Business Meeting 4/21/16 & Revised Call and Notice & Agenda ** ** (Supporting documents to #2 & #3 above are available for review at the Town Hall) Agenda, Minutes 1. Agenda - April 13 - Tiburon Planning Commission - regular meeting REGIONAL, NOTICES AND AGENDA Correspondence, Notices and other Information 1. Aging Action Initiative: Presentation - Apr. 20 - What's Next for Aging in Marin 2. MMWD - Public Hearing - Apr. 19 - Urban Water Management Plan 3. ABAG - Apr. 21- Delegate Annual Business Meeting - The Future of Regional Planning 4. League of CA Cities - June 22-23 - Executive Forum Agenda, Minutes 1. Agenda - Apr. 7 - Sani 5 - Special Meeting 2. Agenda - Apr. 11- City of Belvedere 3. Agenda - Apr. 12 - Sani 5 - Regular Meeting 4. Agenda - Apr. 13 - Tiburon Fire District ILI VAIIn REFUSE SERVICE te.q.,eel Greg Chanis, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Dear Greg, RECEIVED APR 0 4 2016 TOWN MANAGERS OFFICE TOWN OF TIBURON April 1, 2016 !GEST Mill Valley Refuse Service is pleased to report that it will NOT be seeking a rate increase for trash service in the 2016/17 rate year. Although the CPI rate is 2.6% this year, extremely favorable fuel prices and our success at holding the line on labor costs have enabled us to move forward this year with confidence that we do not need to make our usual annual request for a rate adjustment. The one sour note we received just before our rate application deadline was that Waste Management told us they will not be paying anything for our delivered mixed recycling loads starting in the April -May - June Quarter. They attribute this price reduction to a drop in market prices due to an ailing Chinese economy, and a surprising increase in the residuals in our mixed recycling loads. Residuals refer to the amount of trash left over from our mixed recycling loads after they have been completely processed through a recycling plant. Five years ago, our residuals were roughly 5%, meaning that for every 100 tons of mixed recycling we delivered, 95 tons were recycled and 5 tons of residuals were sent to a landfill. This was an above average rate for the industry. WM reports our residual rate has risen to 22% in the past year! While MVRS can't influence the Chinese economy, we can and will address the residual rate with a public information campaign in the coming year. Photos we've seen from WM's waste characterization studies show mounds of full white and black plastic trash bags in the mixed recycle loads. It is probable that the contents of these bags contain a lot of recyclable material, but very often these materials are mixed with trash. When the price of recycled materials was higher, it was worth it for plant workers to go through the extra labor of tearing each bag open and sorting the good from the bad. Given today's prices, these bags are now being pulled out and just thrown away, thereby avoiding extra processing costs. Note, too, that what's in the bags is a mystery until they are ripped open. The varying amounts of trash in the bags contaminates the sorting line further, so processing costs increase not just by ripping open bags, but also by sorting through extra trash hidden in them. WM admits they should have alerted us to this problem sooner so that we could have addressed it with our customers. They attribute many of these bags to increases in commercial recycling, which began with the passage of AB 341, the mandatory commercial recycling law, in July, 2012. MVRS will begin to reach out to our commercial—and residential—customers in an effort to educate and cut down on 112 front Street • San Rafael, CA 94901 • 415-457.9760 • Fax: 415-457-3003 • www.millvalleyrefuse.com WASTE COLLECTION • DEBRIS BOXES • PORTABLE RESTROOMS • RECYCLING residuals in our mixed recycling loads. In addition, MVRS is contacting other plant operators to see if we can get more favorable terms for our recycling loads than what WM is currently willing to offer. At the moment, MVRS must accept that we will not receive payment for recycling Toads in the near future. We did not, however, project zero payments in our current rate analysis. Instead, we are relying on the economy in China to bounce back so that payments for our recyclables will resume sometime later this year. We are also confident we can get our residual rates back down to normal with an effective outreach and public education program. Sincerely Yours, James lavarone Mill Valley Refuse Service SENIOR COUNSEL C. D. MICHEL' SPECIAL COUNSEL JOSHUA R. DALE ERIC M. NAKASU W. LEE SMITH ASSOCIATES ANNA M. BARVIR MICHELLE BIGLARIAN SEAN A. BRADY MATTHEW D. CUBEIRO SCOTT M. FRANKLIN MARGARET E. LEIDY BEN A. MACHIDA CLINT B. MONFORT JOSEPH A. SILVOSO, III LOS ANGELES, CA • ALSO ADMITTED IN TEXAS AND THE DISTRICT OF COLUMBIA MICHEL',&'ASSOCIATES,, P.C. Mayor Erin Tollini Vice Mayor Jim Fraser Councilmember Frank Doyle Councilmember Alice Fredericks Councilmember Emmett O'Donnell TIBURON TOWN COUNCIL 1505 Tiburon Boulevard Tiburon, CA 94920 town@townoftiburon.org VIA U.S. MAIL & E-MAIL Attorneys at Law April 1, 2016 c -z OF COUNSEL MATTHEW M. HORECZKO Los ANGELES, CA WRITER'S DIRECT CONTACT: 562-216-44453 ABARVIR@MICHELLAWYERS. COM Re: Ordinance Amending Municipal Code Title IV, Chapter 16 (Zoning) - OPPOSITION Dear Councilmembers: We write on behalf of our clients, the National Rifle Association of America, Inc., and the California Rifle and Pistol Association, as well as the hundreds of thousands of their members in California, including those members residing in the Town of Tiburon. Our clients oppose the adoption of the Council's proposal to amend Municipal Code title IV, Chapter 16 (Zoning) to prohibit "firearm sales as an allowable type of home occupation" in residential zones. The proposed amendment would limit home occupations to art and craft work, tailors and sewing, and office -only uses, expressly prohibiting firearm sales as a home occupation. We are concerned that the prohibition of home-based firearm businesses—coupled with the wide discretion Tiburon is afforded to deny conditional use permits ("CUPs") for all sorts of businesses in its commercial zones'—will effectively prevent firearm businesses from operating in Tiburon at all. We urge you to vote NO on this ill-conceived, business -crushing measure. We understand that the Town also plans to add "firearm sales" to the list of uses permitted in Neighborhood Commercial zones as long as the business acquires and maintains a CUP. While we do not oppose this amendment on its face, we are concerned that the CUP requirement will become a mechanism by which the Town will exercise its broad discretion to improperly deny CUPs to firearm businesses, effectively barring them from an already limited zoning area. 1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAX: 562-216-4445 • WWW.MICHELLAWYERS.COM April 1, 2016 Page 2 of 3 I. The Prohibition on Firearm Sales as a "Home Occupation" Violates the Second Amendment and the Equal Protection Clause Prohibiting "firearm sales" as a home occupation unduly and unjustifiably burdens Second Amendment activity, and it treats similarly situated businesses differently without providing the required level of justification that the Constitution demands in violation of the Equal Protection Clause. The Second Amendment affords firearm retailers certain protections, including a right to keep and bear arms, which implies a right to buy and sell them. See Jackson v. City and Cnty. of San Francisco, cert. denied, 746 F.3d 953 (9th Cir. 2015). What's more, as the purveyors of the fundamental Second Amendment right to acquire firearms, firearm retailers—while not exempt from general commercial regulations or zoning—cannot be singled out for exceptionally harsh restrictions and regulations that do not meet heightened scrutiny. See Schad v. Borough of Mount Ephraim, 452 U.S. 61, 68 (1981) (citations omitted). In other words, "when a zoning law infringes upon a protected liberty, it must be narrowly drawn and must further a sufficiently substantial government interest." Id. Similarly, the Equal Protection Clause requires that the government advance a justification as to why "kitchen table sellers" should be treated differently from other types of businesses the Town authorizes to operate from residences. "Where fundamental rights and liberties are asserted under the Equal Protection Clause, classifications which might invade or restrain them must be closely scrutinized." Hussey v. City of Portland, 64 F.3d 1260, 1265 (9th Cir. 1995) (quoting Harper v. Va. Bd. of Elections, 383 U.S. 663, 670 (1966), and citing Kramer v. Union Free School Dist., 395 U.S. 621, 633 (1969)). Classifications that "impinge on personal rights protected by the Constitution" "will be sustained only if they are suitably tailored to serve a compelling state interest." City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 440 (1985). The Town has not—and cannot—meet that significant burden. The proposed zoning requirements, coupled with the Town's existing firearm business licensing scheme, create a particularly harsh regulatory scheme affecting only businesses who deal in constitutionally protected goods, i.e., firearms and ammunition. The Town, however, provides no substantive justification for its differential treatment of "kitchen -table" firearm businesses as compared to other home-based businesses. Sure, the draft ordinance's "findings" claim that the amendments are "necessary for the protection of the public health, safety, and welfare." But they do not explain how or why. While "further regulating firearm dealers," is one of four stated goals raised by the Council at is January 20, 2016 meeting, it is unclear why firearms businesses would merit further regulation when Tiburon already has a comprehensive firearm business licensing mechanism in place to regulate them. Ultimately, the Town has made no efforts to show ongoing problems with "kitchen -table" firearm businesses in Tiburon, nor has it provided any justification for its desire to further regulate them. Indeed, potential concerns regarding the negative impacts of those businesses are largely unfounded. When considering a firearm business zoning ordinance of its own, the City of Sunnyvale studied the secondary effects of the presence of firearm retailers, concluding there was no evidence that firearm stores are a threat to their surrounding communities. Unsurprisingly, city staff found "no evidence of increased crime, property devaluation or land use incompatibilities as the result of the 180 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAx: 562-216-4445 • WWW.MICHELLAWYERS.COM April 1, 2016 Page 3 of 3 [firearm] businesses.s2 The study also found that the majority of firearm retail businesses, including four home-based businesses, had been operating in the city for more than 20 years without incident and that there was no obvious relationship between firearm sales businesses and gun -related crime, including home-based businesses.' Ultimately, the city concluded that "there is no correlation between gun -related crimes and the location of firearms businesses."4 Sunnyvale found that even storefront federal firearms licensees ("FFLs") did not present the types of harmful effects that might justify a restrictive zoning ordinance. Here too, the Town has provided no evidence that Tiburon—or any community like it—has a problem with home-based firearm sales and increased violence, safety concerns, or other negative effects. Rather, home-based firearm businesses are uncommon, have a lower output than other firearm businesses, and are far more benign in their operation than the Town might believe. To reiterate, the proposal furthers no compelling governmental interest, and it is not sufficiently tailored to any such end. Lacking any support that firearm retailers pose any special threat to their communities, the proposal's classification and unequal treatment of those businesses cannot stand. III. CONCLUSION We strongly urge the Tiburon Town Council to reject this proposal. Firearm dealers are generally some of the most upstanding members of society, and they enjoy a protected status as purveyors of a fundamental right. See McDonald v. City of Chicago, 561 U.S. 742, 745 (2010). Whether someone should be permitted to sell firearms from a residence should be based on a case-by- case consideration, not a total ban on the practice. Should you require further guidance, our office is available to discus the constitutional issues raised in this correspondence. Sincerely, Michel & Associates, P.C. Anna M. Barvir AMB/dsk 2 See 2011-7071 Location and Operation of Firearm Sales Businesses (Study Issue) Staff Report at 1 (Sept. 27, 2011), available athttp://sunnyvale.ca.gov/Portals/0/Sunnyvale/NonCouncilReports/pc/2011/pc-2011-7071.pdf(last visited Mar. 30, 2016) (emphasis added) (attached as Exhibit A). 3 See id. at 6, 10. 41d. at 5. 1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAX: 562-216-4445 • WWW.MICHELLAWYERS.COM SENIOR COUNSEL C. D. MICHEL. SPECIAL COUNSEL JOSHUA R. DALE ERIC M. NAKASU W. LEE SMITH ASSOCIATES ANNA M. BARVIR MICHELLE BIGLARIAN SEAN A. BRADY MATTHEW D. CUBEIRO SCOTT M. FRANKLIN MARGARET E. LEIDY BEN A. MACHIDA CLINT B. MONFORT JOSEPH A. SILVOSO. III LOS ANGELES, CA ALSO ADMITTED IN TEXAS AND THE DISTRICT OF COLUMBIA MICHEL :& ASSOCIATES,I P.C. Attorneys at Law April 4, 2016 e -3 r OF COUNSEL DON B. KATES BATTLEGROUND, WA RUTH P. HARING MATTHEW M. HORECZKO LOS ANGELES, CA WRITER'S DIRECT CONTACT: 562-2 1 6-4444 ABARVIR@MICHELLAWYERS.COM Mayor Erin Tollini Vice Mayor Jim Fraser Councilmember Frank Doyle Councilmember Alice Fredericks Councilmember Emmett O'Donnell TIBURON TOWN COUNCIL 1505 Tiburon Boulevard Tiburon, CA 94920 town@townoftiburon.org VIA U.S. MAIL & E-MAIL Re: Ordinance Amending Municipal Code Title VI, Chapter 32 (Regulation of Firearms) — OPPOSITION Dear Town Council Members: We write on behalf of our clients, the National Rifle Association of America, Inc., and the California Rifle and Pistol Association, as well as the hundreds of thousands of their members in California, including those members residing in the Town of Tiburon. Our clients oppose the proposal to adopt an expansive package of gun control measures mandating reports of firearm theft or loss within 48 hours, requiring the locked storage of handguns, and banning the possession of standard -capacity ammunition magazines capable of holding more than ten rounds. In light of the detailed points raised in this letter, we request that this item be removed from the Consent Calendar for separate discussion. And we urge you to vote NO on this ill-conceived package of anti -gun measures. I. FIREARM THEFT AND LOSS REPORTING REQUIREMENT Proponents of theft reporting requirements often claim that requiring firearm owners to report the theft or loss of firearms will encourage responsible gun ownership, thwart "straw purchases," and assist in the investigation of crime. While laudable goals, claims that the proposal will achieve them are wildly overstated. The proposal is instead likely to trap unsuspecting, and otherwise law-abiding, gun owners, punishing them for unknowing violations of the law. Our clients thus oppose the proposed reporting mandate. April 4, 2016 Page 2 of 5 A. Theft -Reporting Ordinances Are Not Used in the Cities That Have Them In 2006, the Sacramento Police Department reported on the effectiveness of theft -reporting requirements like the one Tiburon is now considering. The study ultimately demonstrated that such ordinances are largely unused and ineffective in the cities that have adopted them.' Indeed, "no jurisdiction or agency contacted by the SPD [was] able to provide examples of (1) investigations or arrests, (2) successful prosecutions, (3) studies of effectiveness, (4) studies of the costs of enforcement, or (5) studies of fees to cover those costs." Id. at 5. SPD's review of San Francisco's experience with theft -reporting is illustrative. An experienced inspector in the SFPD Weapons Unit, who reads 3,000 reports every month, reported that he had not handled nor had he heard of any cases in which the ordinance was invoked. Id. This is hardly surprising. As a San Francisco Assistant District Attorney explained, "I do not believe it will expand my ability to prosecute crime...." That DA added: "[i]t will take special circumstances for the ordinance to be useful in prosecution, in that the person charged under the ordinance would have to be proven cognizant of the burglary or theft of the firearm." Id In light of the study, Sacramento Councilwoman Lauren Hammond, while acknowledging that she supported the concept, conceded that even though the "ordinance ... sounds really good, it hasn't done anything.... [W]e've had an opportunity to see what it's done in other jurisdictions and it hasn't done a darned thing...." She went on to ask why the city should move forward with such a law. Tiburon would be wise consider the same question. B. Theft -Reporting Ordinances Can Do Little to Frustrate the Illegal Acts of "Straw Purchasers" or Prohibited Persons Ironically, the ordinance cannot be used against the real bad guys. No law can compel lawbreakers to report themselves. So a straw purchaser who legally buys a gun cannot be compelled to report that he resold it illegally. And since it wasn't actually lost or stolen, he hasn't violated the ordinance. Similarly, if a felon prohibited from possessing a gun illegally possesses one anyway, and it is lost or stolen, he cannot be prosecuted for failing to incriminate himself by reporting the loss. What's more, enforcement of this type of ordinance places prosecutors in a precarious legal and ethical position—which may explain why there have been few, if any, prosecutions in the cities that have these laws. Say a straw purchaser's gun is recovered at a crime scene and traced back to him. If he lies to police claiming his gun was "stolen" when he really purchased it on behalf of a prohibited person, will the Town prosecute him for something he did not do (fail to report his gun stolen when it was not), but to which he "confessed"? I Staff Report to Law & Legislation Committee, Update on Ordinance: Drafting Ordinance Requiring Mandatory Reporting of Theft or Loss of Firearms 4-5 (Nov. 21, 2006), available at https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web &cd=2&ved=OahUKEwjxu-XTxuTLAhVIKGMKHXrpA 1 MQFggj MAE&url=http%3 A%2F%2Fwww.records.cityof sacramento.org%2FViewDoc.aspx°%FID%3Ds6tFBnt4W%2BIuRoheTbT6zBJzAtm1z70t&usg=AFQjCNHPgCjubYUq 1P RC 1Rjnx9WLPSJG4A&cad=rja (Exhibit A). 1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL; 562-216-4444 • FAX: 562-216-4445 • WWW.MICHELLAWYERS.COM April 4, 2016 Page 3 of 5 C. Theft -Reporting Ordinances Discourage Reporting and Frustrate Investigations Most people already report the theft or loss of their firearms in hopes of getting them back if recovered by law enforcement and to ensure they are not implicated in any crime that may be committed with them. To mandate such reporting and attaching criminal penalties for failing to comply only further victimizes the victim. And it will encourage those who miss the 48-hour reporting window not to report their loss at all for fear of criminal penalty. Indeed, legal representation is advised when a firearm is first discovered missing because the ordinance authorizes prosecution if the missing gun was not reported when the owner "should have known" the gun was missing—whenever that may be determined to have been. Once an attorney is involved, the attorney communicates with the police and often advises the victim to remain silent. The process frustrates the investigation of the crime involving the lost or stolen firearm while the possible liability of the victim for having the firearm stolen is evaluated. As a practical matter then, the measure is more likely to hinder police investigations than to facilitate them. Ultimately, the Town should not be in the business of passing criminal laws proven to be ineffective or unused—especially when it has failed to identify any concrete problems Tiburon has had regarding the reporting of firearm thefts, the tracing of guns used in crime, or "straw purchases." The proposal is indeed an ineffective solution in search of a problem. II. LOCKED STORAGE OF HANDGUNS The proposal would also require handguns in a residence to be kept in a locked container or disabled with a trigger lock, unless carried by an individual over 18 or under the control of a peace officer. For the reasons discussed below, our clients oppose this amendment. A. The Proposed Locked Storage Ordinance Is Preempted by State Law Under the preemption doctrine, a local ordinance must be struck down if it duplicates state law, conflicts with state law, or enters into a field wholly occupied by the state to the exclusion of local regulation, expressly or impliedly. Fiscal v. City and County of San Francisco, 158 Cal. App. 4th 895, 903-04 (2008). Dictating the manner in which residents keep their firearms within their own homes, requiring that they keep their handguns in a locked container or disabled with a trigger lock unless carried, is preempted insofar as it contradicts state law and enters into an area of law fully occupied by the state. First, Tiburon's locked storage proposal is preempted as contradictory to state law to the extent it dictates the manner one must store their firearms in the home, disallowing methods explicitly contemplated by the state. See O'Connell v. City of Stockton, 41 Cal. 4th 1061, 1068 (2007). California maintains a comprehensive set of statutes, creating liability for the improper storage of a firearm whenever a minor or prohibited person accesses a firearm and carries it to a public place or uses it to cause death or bodily injury. Cal. Penal Code §§ 25100-25135, 25200-25225. Liability is subject to an equally comprehensive set of exceptions. Id. at §§ 25105(a) -(g), 25135(a)(1)-(6), 25205. Specifically, state law exempts one from liability whenever the firearm is: (1) Kept in a locked container; (2) Kept in a location reasonably believed to be secure; (3) Carried on one's person; (4) Kept in close enough proximity to the person to be retrieved and used as if it were carried on one's person; or (5) Locked by a locking device. 1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAX: 562-216-4445 • WWW.MICHELLAWYERS.COM April 4, 2016 Page 4 of 5 Id. By its express terms, Tiburon's proposal strips from ordinary residents the right to engage in behavior deemed lawful by the state. For it flatly denies individuals two options explicitly authorized by state law—i.e., to keep their firearms in a secure location (locked or not) or to keep them within close enough proximity to be retrieved and used as if carried on one's person—thereby contradicting state law. Second, the proposal is impliedly preempted by state law because the storage of firearms is fully and completely regulated by the Penal Code, occupying the entire field of firearm storage to the exclusion of local regulation. See Fiscal, 158 Cal. App. 4th at 903-04. Aside from the prevention of access statutes described above, California mandates that any firearm sold by a licensed dealer must be accompanied by a safety device. Cal. Penal Code § 23635(a). Similar requirements apply to the sale of long guns. And there are several storage requirements when one lives with someone who is prohibited by state or federal law from owning firearms. Id at § 25135. Because the state's firearm storage scheme is so comprehensive, any local interference with that scheme (except that which was expressly authorized) is likely preempted. B. The Proposed Locked Storage Ordinance Violates the Second Amendment The "inherent right of self-defense has been central to the Second Amendment right[,]" a right that is "most acute" in the home. District of Columbia v. Heller, 554 U.S. 570, 628 (2008). At issue in Heller was a D.C. ordinance substantially similar to the locked storage ordinance Tiburon proposes—requiring residents to keep lawfully owned firearms "unloaded and disassembled or bound by a trigger lock or similar device." Id. at 630. The Supreme Court expressly held that such a law, barring the act of "rendering any lawful firearm in the home operable for the purpose of immediate self-defense[,]" violates the Second Amendment. Id. at 635 (emphasis added). Tiburon's proposed locked storage ordinance is completely at odds with Heller. The fact the Supreme Court recently declined to review Jackson—an appeal regarding the denial of a request to temporarily enjoin the enforcement of a similar law—should not be read as tacit approval of the ordinance. Indeed, dissenting Justices Clarence Thomas and Antonin Scalia stated in no uncertain terms that the San Francisco ordinance at issue in Jackson was clearly unconstitutional, noting that the Ninth Circuit's decision was in "serious tension with Heller." Jackson v. City & County of San Francisco, cert. denied, 135 S. Ct. 2799, 2800 (2015). The dissent sends a strong message that the Second Amendment analytical framework must not be overly deferential to the government. III. "LARGE CAPACITY MAGAZINE" POSSESSION BAN The proposal would, subject to a number of exceptions, ban the possession of magazines capable of holding more than 10 rounds of ammunition. Because the proposal is preempted by state law and violates the Second Amendment, our clients oppose it. A. Banning "Large Capacity Magazines" Is Preempted By California Law Recall, under the preemption doctrine, a local regulation is void if it duplicates, conflicts with, or enters a field wholly occupied by the state to the exclusion of local regulation, either expressly or by implication. Fiscal, 158 Cal. App. 4th at 903-04. By prohibiting the possession of magazines over ten rounds, items that are already heavily regulated by state law, the Lproposed "large capacity magazine" law both conflicts with and enters a field fully occupied by state law. It is thus preempted by state law. 2 State law prohibits the manufacture, importation, sale, giving, lending, buying, or receiving of any "large -capacity" magazine, Cal. Penal Code § 32310. It does not prohibit their mere possession. Indeed, many lawfully owned "large -capacity" magazines existed well before the state sales restriction took effect in 2000. 1 80 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAx: 562-216-4445 • WwW.MICHELLAWYERS.COM April 4, 2016 Page 5 of 5 Notably, our office is currently involved in litigation against Los Angeles on preemption grounds for passing a nearly identical ordinance. It is in the Town's best interests to wait until that case, Bosenko v. Los Angeles, L.A. Super. Ct. Case No. BS 158682, is resolved before acting. B. Banning "Large Capacity Magazine" Violates the Second Amendment The Second Amendment protects arms "typically possessed by law-abiding citizens for lawful purposes" or those "in common use for lawful purposes." Heller, 554 U.S. at 572, 624. That protection clearly extends to common ammunition feeding devices necessary for the exercise of the right. Fyock v. Sunnyvale, 779 F.3d 991, 997 (9th Cir. 2015). Under any level of scrutiny, a flat ban on items protected by the Second Amendment is unconstitutional. See Heller, 554 U.S. at 628-29 (finding D.C. ban on handguns, arms typically possessed by law-abiding citizens for lawful purposes, was unconstitutional regardless of the standard applied); see also Caetano v. Massachusetts, No. 14-10078, slip op. at 9 (U.S.S.C. Mar. 21, 2016) (Alito, J., concurring) (reasoning that a categorical ban on stun guns is unconstitutional under any level of judicial scrutiny). The lawful use of magazines over ten rounds is exceedingly common. Indeed, such magazines are "standard" on firearms owned by millions of Americans. Due to the popularity of these magazines, and because of their effectiveness for personal defense, these items are widely used (and often preferred) for home defense.3 Accordingly, law-abiding citizens are guaranteed the right to acquire, possess, and use them for lawful purposes. Heller, 554 U.S. at 628-29. That guarantee prevents the Town from banishing these items from its borders. The Town would be wise to refrain from proceeding while litigation over this issue moves forward in other jurisdictions. As you know, Sunnyvale became subject to litigation after passing a similar ban. While the Ninth Circuit recently upheld the ordinance, its review was significantly limited. That case, Fyock v. Sunnyvale, was on appeal from the denial of preliminary injunction—not a final decision on the merits. The case is currently stayed, and it remains in the early stages of litigation before the district court. The Town should wait for final judgment in Fyock before taking any action to bar the possession of common magazines over ten rounds. IV. CONCLUSION For the foregoing reasons, we strongly urge you to oppose the proposed gun -control package in its entirety. We also ask that this item be removed from the Consent Calendar for separate discussion and consideration in light of the new and detailed information presented in this communication. Should you require further guidance, our office is available to discuss the constitutional issues raised herein. Sincerely, Mictyetl Associates, P.C. Anna M. Barvir AMB/mel 3 See Expert Decl. of G. Kleck (Exhibit B), Suppl. Expert Decl. of G. Kleck (Exhibit C), Expert Decl. of M. Ayoob (Exhibit D) Supp. Mot. Prelim. Inj., Fyock v. City of Sunnyvale, No. 13-05807 (2014). 180 EAST OCEAN BOULEVARD • SUITE 200 • LONG BEACH • CALIFORNIA • 90802 TEL: 562-216-4444 • FAx: 562-216-4445 • WWW.MICHELLAWYERS,COM D. BETTY WILLIAMS 66 MARINERO CIRCLE TIBURON, CA. 94920 APRIL 3, 2016 MILL VALLEY REFUSE 111 FRONT ST., SAN RAFAEL, CA. 94901 GENTLEMEN: e • Li DIGEST I HAVE RESIDED AND OWNED IN THE TOWN OF TIBURON SINCE EARLY 1970. PAYING TO USE YOUR SERVICE EACH MONTH. I DOWNSIZED TO A CONDO, WHICH I OWN, IN 1995. I HAD MY OWN GARBAGE CAN AT EACH RESIDENCE. SUDDENLY LAST 2015, YOUR COMPANY DECIDED TO REMOVE OUR INDIVIDUAL CAN PICKUP AT SERVICE SHEDS ATTACHED TO EACH BUILDING. I UNDERSTAND THE REASON BEING THE STAIRS TO CLIMB BEING HARD ON YOUR5 CREW'S BACKS. WE DO PAY EXTRA FOR UPHILL SERVICE. YOU PLACED ALL OUR CANS AT THE TOP OF A LONG HILL. I , IN THE LAST 2 YEARS HAVE HAD MAJOR SPINAL SURGERY AND CAN NO LONGER CARRY MY GARBAGE UP THE HILL. I WAS TOLD THAT YOU WOULD ACCOMMODATE A HANDICAPPED PERSON. I CALLED YOUR OFFICE LAST FALL AND WAS TOLD BY YOUR OFFICE PERSONNEL BECAUSE I LIVE IN A CONDO. YOU COULD NOT ACCOMMODATE MY REQUEST. I PAY FOR MY SERVICE IN MY HOMEOWNERS MONTHLY FEE. I CALLED OUR AGENT, REAL MANAGEMENT. THEY GAVE ME THE SAME ANSWER. WE, I UNDERSTAND, ARE GETTING A NEW MANAGFEMENT COMPANY. I WAS TOLD TO USE MY CAR HOWEVER, I CANNOT GET THE GARBAGE TO MY CAR. I HAVE BEEN RELYING ON FAMILY AND NEIGHBOURS TO HELP ME OUT. WHILE STILL PAYING FOR MY THIS SERVICE. I M ENCLOSING A REQUEST FOR TRASH SERVICE EXEMPTION. JUST INCASE THIS DOES NOT WORK AS MY OTHER EFFORTS HAVE NOT I AM COPYING THE TOWN OF TIBURON, THE ARK AND A FEW OTHERS THAT MIGHT NEED YOUR HELP IN THE FUTURE. THANK YOU, BETTY WILLIAMS C.C. TOWN OF TIBURON, THE ARK NEWS PAPER, REAL MANAGEMENT, BOARD MEMBERS, A. HOELZLE, D. MISKELL, J. NEWMAN, F.POSTLE & R. WILSON NAME: ADDRESS: PRONE: EMAIL: ACCOUNT II: MILL VALLEY REFUSE SERVICE Request for Curbside Trash Service Exemption D. 3 Er -r- - LL. .AJdt.S L9 (.0 MA -lei necTh 1 cg(,t( m CA ‘-1-9 7.0 C-4 6) 45C 4i621- . . nP1- �r iW, ►•z F 4 6 KO 3 2 6 a % U I unde-stand MVIVRS has a curbside program requiring all cans to be placed at the street by 6 a.m. on my schedulec collection day. I request the curbside requirement for my TRASH can(s) be waived anc On -Premise Service* pro.iided at no extra charge (this exemption does not apply to wheeled recycling or compost carts provided by MVRS). 1 further understand my trash cams) will be left empty at the curb after collection. *On -Premise Service requires trash can(s) be visible and no further than 25 feet from :he sveet, and act up or down any stairs. Please check the applicable box. am a senior citizen (age 73 or older) who is unable to bring the trash can(s) to the curb AND no one eke in my household is capable of bringing the can(s) to the curb. am a Person with Disability and unable to bring the trash can(s) to the curb AND no one else in my household is capable of bringing the can(s) to the curb. A copy of a licensed medical doctor's statement certifying a disability -related functional limitation that precludes the ability to perform this function, or proof of possession of o current CA Disability Parking Placard, must accompany this Request far Exemption. NOTE: reporting of a specific medical diagnosis is not required. I understand this request is subject to verification by Mill Valley Refuse Service and also subject to MVPS finding ar accessible and mutual! -=able ocation for my car(s) on my property. SIGNED: DATE: / For Office Use Onld: Date Received: Dispatcher Approval: 1 1 % Flow Sheer • Stan tr'oc .:A 9.190: • 15157-9; 63 • Fox: 115-4 7-30'33 • mevtrni l,ri'e ektc.e.:om Entered: Scanned: WASTECOLUEGION • DEBRIS BOXES ' 1ORTABLE. RESTROOMS • REMO* Diane Crane Iacopi Subject: Attachments: FW: APRIL 2016 - FAIR HOUSING MONTH PROCLAMATION PROCLAMATION 2016.doc From: victorffairhousingmarin.com [mailto:victor@ fairhousingmarin.com] Sent: Wednesday, March 23, 2016 3:40 PM To: Diane Crane Iacopi Subject: APRIL 2016 - FAIR HOUSING MONTH PROCLAMATION Mayor Erin Tollini Town of Tiburon Dear Ms. Diane, C -S In April 2016, Fair Housing of Marin will once again celebrate National Fair Housing Month, as reminders that equal housing is not only state and national policy, but also a fundamental human right that the people of our County embrace. At this time, we would like to ask the Town of Tiburon to be part of this effort and issue a Proclamation declaring April 2016 as Fair Housing Month. Your leadership in this effort is vital because during Fair Housing Month we strive to emphasize the rich cultural diversity of our citizens. To that end, we are enclosing sample wording for the Proclamation. Proclamations will be announced at the Fair Housing Poster Contest Awards Ceremony and Fair Housing Celebration on April 28, 2016. The theme this year is: "Fair Housing Opens Doors." An invitation to attend this event, at the Marin County Board of Supervisors' chambers in the San Rafael Civic Center will be sent to you at a later date. Also, your Proclamation will be mentioned in our literature and press releases regarding Fair Housing Month. We hope the Town of Tiburon will participate in this effort to support equitable housing for all. If you have any questions, please do not hesitate to contact me at (415) 457-5025 x108 or via email to aames(afairhousingmarin.com. Sincerely, Adriana Ames Education Director Enclosure Victor Torres Education Program Coordinator Fair Housing of Marin 1314 Lincoln Ave., San Rafael, CA 94901 Phone: (415) 457-5025 x 102 TDD: (800) 735-2922 victor(afairhousingmarin.com www.fairhousingmarin.com TOWN OF TIBURON MAYOR'S PROCLAMATION IN SUPPORT OF FAIR HOUSING April 2016 Fair Housing Month WHEREAS, the principle of fair housing is not only state and national law and policy, but a fundamental human concept and entitlement for all citizens; and WHEREAS, discrimination based on race, national origin, gender, disability, familial status (exclusion of minor children), religion, marital status, and sexual orientation is illegal in California; and WHEREAS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, etc; and WHEREAS, interested parties from both the private and public sectors will participate in a city, state and national effort to promote fair housing; NOW THEREFORE I, Mayor Erin Tollini, do hereby proclaim April 2016 to be: Fair Housing Month in the Town of Tiburon, and urge all residents of our community to personally adopt the spirit of equal housing opportunity and adhere to the letter and character of the Fair Housing Laws. IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this 1St day of April, 2016. ERIN TOLLINI, MAYOR TOWN OF TIBURON Diane Crane Iacopi 8 it From: Fred Castro <FredC@abag.ca.gov> Sent: Friday, April 01, 2016 11:16 AM Subject: Association of Bay Area Governments -- General Assembly and Business Meeting 4/21/16 -- REVISED Call and Notice and Agenda Attachments: GA 20160421 Agenda Final Revised Combined.pdf c -6 Clerks of County Boards of Supervisors City/Town Clerks Please see below the notice sent to Delegates, Alternates, and CEOs of ABAG's member jurisdictions. Attached is the revised Call and Notice and Agenda for the Business Meeting. Note that the new time for the Business Meeting is 12:00 p.m. Fred Castro Clerk of the Board Association of Bay Area Governments 510 464 7913 »> On 4/1/2016 at 10:59 AM, Fred Castro wrote: General Assembly Delegates General Assembly Alternates County Administrators City and Town Managers Thank you to those who have already registered for the ABAG General Assembly on Thursday, 4/21/16, 10:00 a.m. to 3:00 p.m. at the Oakland Museum of California, James Moore Theater, 1000 Oak Street, Oakland, California. The theme of the General Assembly is The Future of Regional Planning. Attached is the revised Call and Notice and Agenda for the Business Meeting. Note that the new time for the Business Meeting is 12:00 p.m. The agenda packet is available online at http://abag.ca.gov/meetingsfgeneralassembly.html Online registration and the conference program is available at http://abag.ca.gov/events/ga/2016/ Thank you. Fred Castro Clerk of the Board Association of Bay Area Governments 510 464 7913 »> On 3/29/2016 at 3:13 PM, Fred Castro wrote: General Assembly Delegates General Assembly Alternates County Administrators City and Town Managers 1 Please be reminded that the ABAG General Assembly is on Thursday, 4/21/16, 10:00 a.m. to 3:00 p.m. at the Oakland Museum of California, James Moore Theater, 1000 Oak Street, Oakland, California. The theme of the General Assembly is The Future of Regional Planning. Business Meeting The Business Meeting for Delegates is at 11:45 a.m. Delegates will consider approval of the Proposed Budget and Work Plan for Fiscal Year 2016-2017 and adoption of a proposed Bylaws amendment. If you have not already done so, to ensure that quorum will be present at the Business Meeting, Delegates are encouraged to register online. Delegates who cannot attend are asked to contact their respective Alternates or jurisdiction's CEO to attend for them. Online Registration Please follow this link to register online: http://abaq.ca.gov/events/qa/2016/ Mark that you are Attending As one of the following: "Voting Delegate", "Voting Alternate", "City/Town Manager/Delegate", or "County Administrator/Delegate". Call and Notice and Agenda The Call and Notice and Agenda for the Business Meeting are attached. The agenda packet is also available online at: http://abaq.ca.gov/meetings/generalassemblv.html Transition to Electronic Board Packets. Agendas will be emailed as a PDF file and posted online. Because of email server limits, some jurisdictions restrict receipt of large file sizes. Please let me know if you would like a hard copy of the agenda packet mailed to you. Location The Oakland Museum of California is located two blocks from the Lake Merritt BART Station. Parking garages are located at the Oakland Museum of California and nearby. Please contact me if you have any questions. Thank you. Fred Castro Clerk of the Board Association of Bay Area Governments 510 464 7913 Register for the April 21st ABAG General Assembly now. Click here GA Registration GENERAL ASSEMPLY' 2 ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area ABAG CALL AND \OTICE REVISED CALL AND NOTICE OF A SPECIAL MEETING OF THE GENERAL ASSEMBLY OF THE ASSOCIATION OF BAY AREA GOVERNMENTS As President of the General Assembly of the Association of Bay Area Governments (ABAG), am calling a special Business Meeting of the ABAG General Assembly as follows: Thursday, April 21, 2016, 12:00 p.m. Location: Oakland Museum of California James Moore Theater 1000 Oak Street Oakland, California The ABAG General Assembly may act on any item on this agenda. Agenda and attachments available at www.abag.ca.gov For information, contact Fred Castro, Clerk of the Board, at (510) 464 7913. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROVAL OF GENERAL ASSEMBLY BUSINESS MEETING SUMMARY MINUTES OF MAY 14, 2015 ACTION 5. PRESIDENT'S REPORT Information 6. ADOPTION OF PROPOSED ANNUAL BUDGET AND WORK PLAN FOR FISCAL YEAR 2016-2017, INCLUDING MEMBER DUES ACTION 7. ADOPTION OF PROPOSED AMENDMENT TO ABAG BYLAWS ACTION Call and Notice ABAG General Assembly April 21, 2016 2 8. ANNOUNCEMENTS 9. ADJOURNMENT Members of the public shall be provided an opportunity to directly address the ABAG General Assembly concerning any item described in this notice before consideration of that item. Agendas and materials will be posted and distributed for this meeting by ABAG staff in the normal course of business. /s/ Julie Pierce ABAG President Councilmember, City of Clayton Date Submitted: March 28, 2016 Date Posted: March 31, 2016 CaII and Notice ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area REVISED ABAG GENERAL ASSEMBLY BUSINESS MEETING Thursday, April 21, 2016, 12:00 p.m. Location: Oakland Museum of California James Moore Theater 1000 Oak Street Oakland, California ABAG AGENDA The ABAG General Assembly may act on any item on this agenda. Agenda and attachments available at www.abag.ca.gov For information, contact Fred Castro, Clerk of the Board, at (510) 464 7913. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. CONFIRMATION OF QUORUM 3. PUBLIC COMMENT 4. APPROVAL OF GENERAL ASSEMBLY BUSINESS MEETING SUMMARY MINUTES OF MAY 14, 2015 ACTION Attachment: Summary Minutes May 14, 2015 5. PRESIDENT'S REPORT Information 6. ADOPTION OF PROPOSED ANNUAL BUDGET AND WORK PLAN FOR FISCAL YEAR 2016-2017, INCLUDING MEMBER DUES ACTION Attachment: Proposed Annual Budget and Work Plan 2016-2017 7. ADOPTION OF PROPOSED AMENDMENT TO ABAG BYLAWS ACTION Attachment: Proposed Bylaws Amendment Memo and Proposed Amendment Agenda ABAG General Assembly April 21, 2016 2 8. ANNOUNCEMENTS 9. ADJOURNMENT Submitted: /s/ Ezra Rapport, Secretary -Treasurer Date Submitted: March 28, 2016 Date Posted: March 31, 2016 Agenda TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 LCT Agenda - Regular Meeting Tiburon Planning Commission April 13, 2016 — 7:30 PM AGENDA TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chair Kulik, Vice Chair Williams, Commissioners Corcoran, Weller, and Welner ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Conunission agenda. Please limit your continents to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports/Director's Report PUBLIC HEARINGS 1. 1 BLACKFIELD DRIVE: Conditional Use Permit to Amend a Condition of Approval to Allow Alcoholic Beverage Tasting in a Building Occupied by a Grocery Store (Nugget Market); File # CUP2016002; Cove Shopping Center, Owner; Nugget Market, Applicant; Assessor's Parcel No. 034-212-18 [KO] 2. 4992 RANCH ROAD: Tidelands Permit and Conditional Use Permit to construct docks and a pier; Files # TIDE2015001 & CUP2015003; Alisa and Brian Golson, Owners; Assessor's Parcel No. 038-032-19 [DW] MINUTES 3. Planning Commission Minutes —Meeting of February 24, 2016 ADJOURNMENT Tiburon Planning Commission Agenda April 13, 2016 Page 1 Convene Connect What's Next for Aging in Marin? Wednesday April 20 8:30 - 11:30 am Free Join Aging Action Initiative workgroup members, policy makers, and other colleagues from across the county as we come together to shape the future of aging in Marin. Share your unique perspective as we explore what's next for: o Influencing Policy • Aligning Community Outreach • Coordinating Action The Aging Action Initiative's April 20 Convening will be your opportunity to learn more about the full landscape of aging related county -wide initiatives currently underway and to help us weave them together. Did you know ... e The Aging Action Initiative's 4 workgroups have launched 9 action projects, producing more than 13 different pilot programs or events in just 18 months © More than 8 different aging related collective efforts are currently underway in Marin • Three of our communities have already been designated as "Age Friendly" by the World Health Organization • New data on older adults in Marin is now available from recent MCF and County needs assessments DIGEST Q/c-1 REGISTER NOW AT: http://aaiconvening3.bpt.me or visit us at AgingActionlnitiative.org When: Wednesday April 20, 8:30 - 11:30am Where: Embassy Suites 101 McInnis Parkway, San Rafael Don't miss this unique, informative, and engaging opportunity to appreciate accomplishments, expand and strengthen our relationship network, and deepen our community impact. About Marin Aging Action Initiative The Marin Aging Action Initiative is a collective effort of over 65 different agencies, grassroots organizations, commissions and neighborhood groups, funded by the County of Marin, and coordinated by MarinSpace. For more information, visit AgingActionlnitiative.or-g. If you are a person with a disability and require this document in an alternate format (example: Braille, Large Print, Audiotape, CD-ROM), you may request an alternate format document by using the contact information below.lf you require an accommodation (example: ASL Interpreter, reader, note taker) to participate in any county program, service or activity, you may request an accommodation by calling (415) 473-4381 (Voice) / (415) 473-3232 (TTY) or by e-mail at: disabilitvaccess@marincounty.or not less than four work days in advance of the event. • o For more information about this event or the Aging Action Initiative please contact Aging Action Initiative support@agingactioninitiative.org MARIN MINIMAL WATER DB T RIOT April 1, 2016 Town of Tiburon Greg Chanis, Town Manager 1505 Tiburon Boulevard Tiburon, CA 94920 220 Nellen Avenue Corte Madera CA 94925-1169 Www.marinwater.org ECENLED APR 0 4 2016 TOWN O TOWN TIGEe RO;FICE Subject: Notice of Public Hearing Marin Municipal Water District's 2015 Urban Water Management Plan Dear Mr. Chanis, Notice is hereby given that the Board of Directors of Marin Municipal Water District (MMWD) will conduct a public hearing at a regularly scheduled meeting to consider the Draft 2015 Urban Water Management Plan (UWMP): 7:30 pm, Tuesday, April 19, 2016 MMWD Board Room 220 Nellen Avenue, Corte Madera, CA The Urban Water Management Planning Act (Water Code Section 10610-10657) requires the district to update its Urban Water Management Plan (UWMP) and submit the completed plan to the California Department of Water Resources (DWR) every five years. The UWMP provides an overview of the District's water deliveries and uses, water supply sources, and water conservation programs. It is also part of the District's Tong -term planning to ensure water supply reliability for District customers. All interested parties are invited to attend the public meeting and present their views. Persons who are unable to attend the public hearing may also submit to the district, by the time the proceedings begin, written comments regarding the subject of the hearing. These comments will be brought to the attention of the Board and will become part of the official public record. Written comments can be sent to Lucy Croy, Marin Municipal Water District, 220 Nellen Avenue, Corte Madera, CA 94925. recycled r �' recyclable `(� 4,-v ay c. The Draat2015 UWMP can be viewed or printed from the district's website at www.marinwater.org. A copy of the document is also available for review at the district's office (220 Nellen Avenue, Corte Madera) and at local libraries in the service area. A second public hearing will be held on Tuesday May 19th at the same time and location as the public hearing being notified herein. The purpose of this second public hearing is to summarize comments received during the public comment period and review how those comments will be addressed in the final version of the UWMP. It is anticipated that an adoption hearing for the UWMP will be held during the June 7th Board meeting. For more information, please call me at (415)945-1590 or email at Icrov@marinwater.org. Sincerely, Lucy Croy, P.E. Assistant Engineer u ._c::1 . EI 9:30 - 10:00 am Registration and Coffee 10:00 - 10:05 am Opening and Welcome, Councilmember Julie Pierce, ABAG President and City of Clayton Host City Welcome, Oakland Mayor Libby Schaaf (invited) 10:05 - 10:20 am Plenary - Henry Gardner, Principal at Gardner, Underwood & Bacon, former ABAG Executive Director, former City of Oakland City Manager 10:20 - 11:10 am Panel - The Business of Regional Government: Meeting the Region's Significant Housing and Jobs Challenges This panel will discuss significant challenges to the Region - Housing and Jobs - with panelists connecting local and regional strategies. This panel will discuss regional planning support for local efforts to retain economic prosperity and address housing affordability in all communities. Moderator: Sunne McPeak, President and CEO, California Forward Fred Blackwell, Chief Executive Officer, San Francisco Foundation Reverend Kirsten Spalding, San Mateo County Union Community Alliance REGISdRATDON DEADLINE Monday, April 18 11:10 - noon Noon Noon 1:00 - - 12:30 - 1:OOpm 2:45 pm The Future of Regional Planning: a Presentation and Discussion The session will examine the value and structure of councils of government, such as ABAG, in the context of the discussion of the ABAG - MTC merger. The merger consultants will summariz( the options being considered towards the integration of regional planning functions. Councilmember Julie Pierce, ABAG President, City of Clayton Supervisor Dave Cortese, MTC Commission Chair, County of Santa Clara (invited) Representatives from Management Partners ABAG Annual Business Meeting Lunch Breakout Sessions spotlight strategies emerging in the Bay Area that are tackling the challenges and tapping the opportunities - for towns, cities, and counties. Participants will also discuss how ABAG and other regional agencies can better help local jurisdictions address the broader set of issues and services discussed in the morning sessions. Breakout 1 - Larger Cities Breakout 2 - Medium -Sized Cities Breakout 3 - Smaller Cities & Towns 2:45 - 3:00 pm Report Back and Wrap-up Association of Bay Area Governments �a Baa a' Or ui oi"r3 a ier L:°ss!)_��. Conference Sponsor KAISER PERMANENTE • 7-.;;;.•—• alCtllFG C�.�6k a1j�Gr,; 1400 K Street, Suite 400 Sacramento, CA 95814 Register early! Space limited to the first 400 registrants ppf•� ''1 ruul Wednesday, June 22 — Thursday, June 23, 2016 LEAGUE' 4— OF CALIFORNIA °CITIES QST /2/C FIYATT REGENCY MONTEREY Registration and Housing Deadline: Tuesday, May 24, 2016 www.cacities.org/events www.facebook.com/Ieagueofcacities C.; FoIIow ©CaCitiesLeam Richard Snyder, President Catharine Benediktsson, Vice President John Carapiet, Secretary Michael Lasky. Director gJ.4 r' Tod Moody. Director NOTICE AND AGENDA Special Board Meeting at Sanitary District No. 5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, CA 94920 Thursday, April 7, 2016 11:00 A.M. SPECIAL BOARD MEETING CALL TO ORDER ROLL CALL DIGEST PUBLIC COMMENTS: The public is invited to address the Board on items that do not appear on the agenda and that are within the subject matter jurisdiction of the Board. The Brown Act does not allow the Board to t take action on any public comment. Please limit public comments to no more than three minutes. DIRECTORS' COMMENTS AND/OR AGENDA REQUESTS CLOSED SESSION 1. Convene to Closed Session (the public may provide comments regarding the closed session item(s) just prior to the Board beginning the Closed Session. Closed sessions are not open to the public. a. Conference with Real Property Negotiators i. Government Code Section 54956.8 1. Property: (APN 059181-07) 2. District Negotiator: Tony Rubio, District Manager 3. Negotiating Parties: Sanitary District No. 5, Yujie Ma, Jay Behmke and Kathleen Clancy 4. Under Negotiation: Price and Terms 2. Report out any action taken in Closed Session. OPEN SESSION CALL TO ORDER ROLL CALL Board of Directors Agenda Special Board Meeting, June 5, 2014 Page 2 of 2 NEW BUSINESS 3. DRAFT COVE ROAD FORCE MAIN ASSESSMENT WORKSHOP a. Review and Consideration of Draft Cove Road Force Main Assessment, presented by Nute Engineering b. Consideration of Approval of the Cove Road Force Main Assessment (Rubio) — Action ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board Meeting on April 215`, 2016, at 5:00 p.m. at the Main Plant of Sanitary District No. 5 of Marin County, located at 2001 Paradise Drive, Tiburon, California. The Board of Directors may al its discretion consider agenda items out of the order in which they appear above. Accessible public meetings: Upon request, the District will provide written agenda materials in appropriate alternate formats, or disability -related modification or accommodation, including auxiliary aids or services to enable individual with disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P.O. Box 227, Tiburon, CA 94920 or rdohrmann@sani5.org at least two days prior to the meeting. Belvedere, CA - Official Website Page 1 of 3 Home > Archive Center View Other Items in this Archive 1 View All Archives 1 Printable Version AMENDED AGENDA - REGULAR MEETING BELVEDERE CITY COUNCIL APRIL I1, 2016, 5:30 P.M. City Hall Council Chambers 450 San Rafael Avenue, Belvedere, California 'GEST -z COMMENTS ON AGENDA ITEMS BY MEMBERS OF THE PUBLIC The public will be given an opportunity speak on each agenda iters when it is called Upon being recognized by the Mayor, please state your name and address, and limit your oral statement to no more than three minutes. The Council welcomes connnents and questions raised by interested citizens but typically does not respond during the cornnrent period. 5:30 PM CALL TO ORDER IN CONFERENCE ROOM I CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATOR Unrepresented and represented employees: All City employees The closed session is for a review of the City Council's position and to instruct the City's designated representative, City Manager Mary Neilan, regarding salaries and/or compensation paid in the form of fringe benefits to members of the Belvedere Police Officers Association and to unrepresented City employees. Closed session permitted pursuant to § 54957.6(a) of the California Government Code. 6:30 PM RECONVENE IN OPEN SESSION IN COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE OPEN FORUM This is an opportunity for any citizen to briefly address the City Council on any matter that does not appear in this agenda. Upon being recognized by the Mayor, please stale your narrre, address, and limit your oral statement to no more than three minutes. Matters that appear to warrant a more lengthy presentation or Council consideration will be agendized for further discussion at a later meeting. REPORTS & PRESENTATIONS 2. Presentation of Executive Certificate to Police Chief Patricia Seyler by Bob Stresak, Executive Director of the Commission on Peace Officer Standards and Training (POST). 3. 2016 Belvedere Concerts -in -the -Park i:undine request. file:///C: /Users/jpalmero/Desktop/Belvedere,%2OCA%20%200fficial%20 Website.html 4/7/2016 Belvedere, CA - Official Website 4. City Council Reports. 5. City Manager Reports. Page 2 of 3 6. Presentation by Phil Smith, Marin -Sonoma Mosquito and Vector Control District Manager, on "The Emergence of Zika Virus in the Americas and What this Means for California." CONSENT CALENDAR The Consent Calendar consists of items that the City Council considers to be non -controversial. Unless any item is specifically removed by any member of the City Council, staff or audience, the Consent Calendar will be adopted by one motion. Items removed will be considered in the sequence as they appear below. If any member of the audience ~gushes to have an item removed please step to the microphone, state your name, and indicate the item. 7. Approve minutes of the March 14. 2016. reaular Cite Council meeting. 8. Approve warrants of March 2016. 9. Declare the cost to provide fire protection and emeruencv services in Fiscal Year 2016-2017 will exceed $450.000. 10. Approve response to Marin Couunty Civil Grand Jury Report, "2015-16 Web Transparency Report Card: Brinaina Marin County's Local Governments to Light." 11. Award of construction contract for the 2016 Slurry Seal Project to Pavement Coatings Company. the lowest responsive bidder. INDIVIDUAL CONSENT CALENDAR 12. Revocable license for private improvements in the public right-of-way behind 142 Bella Vista Avenue. Property Owner: Thomas E. and Angela M. Graf. OTHER SCHEDULED ITEMS 13. Revocable license for private improvements in the City street right-of-way in front of 130 Bella Vista Avenue. Property Owner: James K. and Carmen D. Steil. (Continued from October 12. 2015.) Staff recommendation: Reconsider the revocable license agreement for 130 Bella Vista Avenue. 14. Discussion on possible chanaes to Belvedere Municipal Code Chapter 8.18. "Smoking: and Tobacco Regulations." Staff recommendation: Discuss interest in making changes to Belvedere Municipal Code Chapter 8.18 and provide direction to staff on certain policy decisions. file:///C:/Users/jpalmero/DesktopBelvedere,%2OCA%20%200fficial%20Website.html 4/7/2016 SANITARY DISTRICT NO. 5 OF MARIN COUNTY 2001 Paradise Drive Tiburon, California 94920 AGENDA Capital Improvement Program Committee Special Meeting Tuesday, April 12, 2016, 9:30 a.m. I. Roll Call II. Public Comments III. New Business DIGEST g/A.-3 1. Review Capital Improvement Projects for FY2016-2017 Budget 2. Review 10 -year Capital Improvement Program for FY2016-2017 Budget IV. Adjournment This Committee nray be attended by Board Members who do not serve on this committee_ In the event that a quorum of the entire Board is present, this Conunittee shall act as a Committee of the Whole. In either case, any item acted upon by the Committee or the Committee of the 6i'hole will require consideration and action by the fill' Board of Directors as a prerequisite to its legal enactment. Accessible nubile mectines: Upon request, the District will provide written agenda materials in appropriate alternate formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individual with disabilities to participate in public meetings_ Requests are to be submitted in writing to the Administrativei'Finance Specialist at Post Office Box 227, Tiburon CA 94920 or rdoh mann@sani5.org al least two days prior to the meeting. T:1Board\Committees\CJP Committee Agendas12016 04 12 CIP Comm Mtg Agenda RD TR.doc TIBURON FIRE PROTECTION DISTRICT BOARD OF DIRECTORS MEETING AGENDA 1. CALL TO ORDER WEDNESDAY, April 13, 2016 6:30 P.M., HEADQUARTERS FIRE STATION 1679 TIBURON BLVD. DIGEST RP; 2. CONSENT CALENDAR All items under the Consent Calendar are considered to be routine and may be approved by one motion of the Board of Directors unless a request is made by a member of the Board, 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 Board and do so at this time. A. Approval of Minutes, March 9, 2016 (Action) 3. COMMUNICATIONS 4. PUBLIC OPEN TIME for items not on the agenda This portion of the meeting is reserved for persons who want to address the Agency on any matter not listed on the agenda. The Ralph M. Brown Act prohibits discussion of items that are not duly placed on the agenda. Speakers are limited to three minutes. Please Note: the Chair will allow time for public comment on each agenda item. 5. CHIEF'S REPORT A. Monthly Report (Discussion) B. Grand Jury Report — Web Transparency (Discussion) C. Approve Step Raise — Battalion Chief Steven Ardigo, Range 320, Step #2, $10,267/mo., effective April 16, 2016 (Action) D. Ratify appointment of Travis Terrell, Andrew Balcom and Mitchell Neve, to Firefighter Trainee, Range 322, Step #1, $3,150/mo., effective April 11, 2016 (Action) 6. RESOLUTION A. Resolution 2016-06, District contributions towards trainee medical premiums 7. TREASURER'S REPORT A. Finance Committee — Directors Sears and O'Neill Finance Committee Meeting — Monday, April 11, 2016, 1530 hrs. Headquarters Fire Station, 1679 Tiburon Blvd. B. Approve Warrants and Payroll (Action) (Discussion) (Action) 8. COMMITTEE REPORTS A. MERA — Chief Pearce (Discussion) B. SMEMPS — Director O'Neill (Discussion) C. PERSONNEL — President Kirchhoff and Director O'Neill (Discussion) 9. BOARD COMMENTS 10. ADJOURNMENT NEXT REGULAR TFPD BOARD MEETING: May 11, 2016, 6:30 P.M. A complete agenda package is available for viewing at 1679 Tiburon Blvd. Copies of past TFPD minutes are available for viewing at the same location. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the District office at 435-720o. Notification at least 48 hours prior to the meeting will enable the District to make reasonable arrangements.