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HomeMy WebLinkAboutTC Digest 2016-09-23TOWN COUNCIL WEEKLY DIGEST Week ending September 23, 2016 TIBURON Correspondence, Notices and other Information 1. Letter thanking Fran Wilson for service on Commission on Aging Agenda, Minutes 1. Agenda - September 27, 2016 Heritage & Arts Commission 2. Meeting Cancellation - September 28, 2016 Planning Commission Meeting REGIONAL, NOTICES AND AGENDA Correspondence, Notices and other Information 1. Golden Gate Gazette (GGBHTD newsletter) - [showing Fall and Holiday Ferry schedules] 2. Public Law Newsletter (Colantuono, Highsmith & Whatley PC) Agenda, Minutes 1. Agenda - September 19, 2016 The Ranch Town of -Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 F. 415.435.2438 • wwwtownoftiburon.org Office of Tiburon Town Clerk/ 415.435.7377 September 19, 2016 Fran Wilson 1990 Centro West Tiburon, CA 94920 SUBJECT: RESIGNATION - MARIN COMMISSION ON AGING Dear Fran: It is with regret that the Town Council accepts your resignation as its representative to the Marin Commission on Aging, pursuant to your email dated August 31, 2016. Tiburon is a unique community, and it is people like you who dedicate their time and efforts to the betterment of the community that makes it such a wonderful place to live. The Town Council thanks you for your service these past two -plus years. We wish you (and Barry!) all the best in your future endeavors. Very truly yours, 2 Diane Crane Iacopi Town Clerk Cc:v`fown Manager Chanis Erin Tollini Mayor Jim Fraser Vice Mayor Frank X. Doyle Councilmember Alice Fredericks Councilrnember Emmett O'Donnell Councilmember Greg Chanis Town Manager T I B V R O N H E R I T A G E `: & A R T S COMMISSION' Town of Tiburon Heritage & Arts Commission 1505 Tiburon Boulevard, Tiburon, CA 94920 415-435-7373 AGENDA HERITAGE & ARTS COMMISSION September 27, 2016 - Town Hall Conference Room - 6:30 p.m. I. Call to Order II. Roll Call III. Oral Communications Persons wishing to address the Heritage & Arts Commission on subjects not on the agenda may do so at this time. Please note however, that the Heritage & Arts Commission is not able to undertake extended discussion or action an 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 Heritage & Arts agenda. Please limit your comments to three (3) minutes. IV. Minutes- Pending Approval — August 23, 2016 V. Treasurer's Report — VI. Artist Recruitment - New Artists for Exhibition (At each meeting, any Commissioner may present art work for consideration for future exhibits. Once approved by the group, the individual's samples will be turned over to one of the Artist Recruiters for scheduling and processing.) a. Community Room: Photography Reception — Oct. 5 — Duty Roster b. Lobby: Artist Laureate — Oct. 9 — Duty Roster c. Art Theme shows and/or Multiple Artist Shows VII. Action Items a. Historic Preservation Award — • Commission hears sub -committee's nominee recommendation and votes to approve recommendation. • Commissioners discuss type of award (perpetual plaque -existing, name to be added). Small, personal plaque to match previous years. • Commissioners decide and approve invitation and banner design. • Commissioners decide on menu and assign tasks. VIII. Adjournment Next Regular Meeting — TI3A. 2016 NOTICE OF MEETING CANCELLATION THE REGULAR TIBURON PLANNING COMMISSION MEETING SCHEDULED FOR WEDNESDAY, SEPTEMBER 28, 2016 HAS BEEN CANCELLED THE NEXT SCHEDULED MEETING OF THE PLANNING COMMISSION IS THE REGULAR MEETING OF WEDNESDAY, OCTOBER 12, 2016 SCOTT ANDERSON, SECRETARY PUBLISHED BY THE GOLDEN GATE BRIDGE, HIGHWAY AND TRANSPORTATION DISTRICT, SAN FRANCISCO,CA FALL 2016 GOLDEN GATE GAZETTE BUS OPERATOR JULIE ANN BOTELHO AWARDED FOR EXEMPLARY SERVICE On July 21, 2016,.the District's Advisory Committee on Accessibility (ACA) presented the Russ Bohlke Award for Exemplary Service to Golden Gate Transit Bus Operator employee does something special or goes above and beyond to help a customer. In this case, I am extremely proud that a bus operator like Julie is recognized with an honor as special Julie Ann Botelho. The award is . -- ,•.----------.—_.. as the Russ Bohlke Award." ;Bus Division Deputy General ✓V7anager.'eri antprgy given to a bus driver, ferry crew. o.fBus Operations Rich:.Eir6bs:dresei t -y member, or other District staff Bus Operator Julie Ann Botelho (far rtghtJ it who provides. exceptional service Russsohlke award. z. District in 2010 and this year began to seniors and persons with - ;u -_ - training new bus drivers. ''My goal is not only to turn out great drivers Botelho started her tenure at the disabilities. Botelho was recognized for providing exemplary service on two back-to-back occasions at the Northgate Mall. This stop contains a short turning radius and Botelho took the extra step of spotting the patron during the boarding process. She went the extra mile to make sure the patron stayed safe and could board the bus successfully. "l'm very proud to receive this award. It's nice to be recognized for the work I perform. Helping ADA passengers navigate our transit system gives me great. satisfaction," said Botelho. Director of Bus Operations Rich Hibbs noted, "It is always nice when someone takes the time to let us know when an but to impress upon them great customer skills," she said. This year's award finalists were Bus Operators Norberto Chavez, Chyrel Stevenson Crawford, Daymon Davis, Cepeda Fuller, Victor Lau, Rahman Natouf, and Tatiana Nielsen. The award is named in honor of Russ Bohlke, one of the first members of the ACA. He served on the committee for 30 years and was directly involved with the District's ADA compliance. Bohlke suffered a severe injury while playing football for UC Berkeley in the early 1950s. He became active in public accessibility issues and was a tireless advocate in making transportation available and accommodating to people with disabilities. He passed away on July 4, 2009. �L'OCAL.PRIDE=�c°fig " 'RESPECT,a YOUR RIDE' THE MENDO IS BACK! The M.V. Mendocino returned to service in July, following a $6 million renovation that included extending the hull, installing new water jets, and replacing the ceilings, flooring, paneling, and seat covers. Federal funding paid for 80 percent of the work, District funds 18 percent, and state clear -air funds 2 percent of the cost. 511(Toll Free) • 7116(TDD) • goldengate.org Depart Larkspur Arrive San Francisco Depart San Francisco Arrive Larkspur 7:50 am 8:20 am 9:45 am 10:15 am 9:30 am 10:30 am 10:30 am 11:00 am 11:15 am 11:45 am 11:40 am 12:30 pm 12:40 pm 1:30 pm 12:30 pm 1:00 pm 2:25 pm 2:55 pm 1:40 pm 2:30 pm 3:00 pm 3:30 pm 3:45 pm 4:15 pm 4:45 pm 5:15 pm DISTRICT REDUCES CARBON FOOTPRINT WITH RENEWABLE FUS: GOLDENGA1EF r I GE _ GREENER _,_,v,• 6 , ' The Bus Division poses in front of the first delivery of renewable diesel fuel. In July, the District's Bus Division transitioned its entire revenue bus fleet, and diesel -powered support vehicles and equipment, to renewable diesel fuel. The fuel, Neste NEXTBTL, results in an approximately 67% reduction of greenhouse gas emissions when compared to standard petroleum diesel. In addition to significant climate change benefits, renewable diesel has a higher cetane rating than petroleum or bio diesel. A higher cetane number contributes to a cleaner and more complete combustion process that produces less tailpipe emissions and thus benefits local air quality. TIPS FOR USING GOLDEN GATE TRANSIT'S FREE WiFi. Search for "GGT-WiFi." You don't need a .. password, but must accept the Terms of Use: Your device must be WiFi-enabled. If you don't see "GGT-WiFi," try restarting your device. Bandwidth is limited and shared among all riders. Please be courteous and limit use of streaming audio and video. Avoid .downloading large files. Use earbuds and be considerate of fellow riders. Send questions and concerns to buswifi@goidengate.org or can the Customer Service Center at 511 (711 TDD). CRISIS TEXT LINE Those coming to the Golden Gate Bridge to commit suicide are younger than ever. Since 2000, the number of troubled young people under 25 years old showing up at the Bridge considering suicide has increased more than five -fold. In response to this change, the District is partnering with Crisis Text Line to better reach troubled young people, who frequently use text messaging to communicate. Crisis Text Line is a national not-for-profit that provides free, 24/7 support for people in crisis via text. Golden Gate Bridge Patrol and Crisis Text Line will work together to bring people to safety, when the keyword 'GGB' is texted to 741741. "i PHONE AND GRIStS OU,VSELthB rEAT GGB TO 7a77e, r HOLIDAY SERVICE CALENDAR HOLIDAY COLUMBUS DAY Mordov 0; tober f0, 2016 FERRY Regular BUS Regular, VETERANS DAY Regular Regular Friday, November 11, 2016 THANKSGIVING DAY T No Service Holiday Tbursdoy,November 24, 2016 FRIDAY AFTER THANKSGIVING Friday, November 25, 2016 Reduced Service Holiday See Pages 3 & 4 WANT TO USE THE LUGGAGE BAY BIKE RACKS? LEARN HOW WITH THIS VIDEO! 1 r 11111111171 0 Visit goldengate.org\bikevideos or scan the code above. Golden Gate Larkspur Ferry Reduced Schedule Day After Thanksgiving, November 25, 2016 5:30 pm 6:00 pm 6:25 pm 7:15 pm 7:25 pm 8:10 pm THE WAVE (ROUTE 25) WILL NOT OPERATE ON NOVEMBER 25. New Express Route 14X bypasses all bus pads! Depart SF Arrive Sausalito, Reduced Schedule 1 DAY AFTER THANK `z Friday, November I . r —r. Depart Sausalito Arrive San Francisco Depart San Francisco Arrive Sausalito n — — 8:25 am 8:55 am 9:00 am 9:30 am — - - — 10:40am 11:10am 11:20 am 11:50 am 12:00 m 12:30 • m 12:45 m 1:15 • m 1:25 • m 1:55 • m 2:10 • m 2:40 • m 2:50 m 3:20.m 3:50 • m 4:20 pm 4:40pm 5:10. • m 5:15 • m 5:45 • m 6:00 • m 6:30 • m 5:35 pm 6:05 pm — 6:45 pm 7:15 pm. — — CAUTION! SUBJECT TO FLOODING! During unusually high tides (King tides), Manzanita Park & Ride is prone to flooding. Higher than normal tides are predicted for mid-November & mid-December. Check tide tables (tidesandcurrents.noaa.gov) before parking in the Manzanita lot. ONLINE TICKETING NOW AVAILABLE FOR GOLDEN GATE SAUSALITO FERRY CUSTOMERS! Golden Gate Sausalito Ferry customers can now purchase ferry ickets online for service between downtown Sausalito and the an Francisco Ferry Building (NOT to Pier 41 or Fisherrhan`s Wharf). The District h•as partnered with Parkmoblie to provide fare payment services for ferry tickets using a mobile telephone application and online interface. Parkmobile also provides mobile parking payments for the:Larkspur Ferry Terminal. Purchasing tickets online allows customers to avoid lines at the • 'ticket vending machines and assists in .quicker boarding. Once (purchased, tickets may be printed or download to a mobile device. Tickets may be used on ANY Golden Gate Sausalito Ferry trip; they are not for a designated departure `time or date. one-way adult ticket is $11,75 ($5.75 youth/senior/ disabled). To purchase Golden Gate Sausalito Ferry tickets, visit goldengateferry.clickandpark.com. Customers who use multiple modes of transit .(ferries, buses; trains, etc.) are. encouraged to use Clipperas the easiest and -. - ;fastest way to pay their fare. Clipper is accepted by most Bay Area .ansit agencies. For. more information, visit clippercard.com. rT r Effective September 26 - December 18, 2016 LARKSPUR FERRY Weekdays (excluding Holidays) Depart Larkspur Arrive SF Depart SF Arrive Larkspur 4:49 am Route 24 bus to Financial District 5:20 am Route. 97 bus to Financial District 5:45 6:15 6:20 7:10 7:35 8:3- 0 9:10 10:1- 0 10:55 6:35 7:05 * 7:00 7:30 * 7:30 8:00 * 7:50 8:20 * 8:20 8:50 * 8:40 9:15 * 9:15 9:50 *10:10 10:45 6:50 7:40 8:05 9:0- 5 9:45 10:4- 5 11:30 4:00 *4:30 3:40 4:10 5:10 5:40 6:40 7:25 8:50 4:15 4:30 *5:00 4:45 5:00 *5:30 5:4- 5 6:00 *6:30 6:15 6:30 *7:00 7:10 7:20 *7:50 8:00 8:10 8:40 9:25 9:35 10:05 5:30 *6:00 Saturdays,Sundays & Holidays Depart Larkspur Arrive SF Depart SF Arrive Larkspur 9:30 10:30 11:40 12:30 1:40 2:30 4:45 5:35 12:40 3:45 6:25 7:25 1:30 4:35 7:15 8:10 *Trips served by Route 25 shuttle There is a misprint in the Larkspur schedule in the Fall Transit Guide. The seasonal weekday 11:40 am round trip from Larkspur will NOT operate. The correct schedule is shown here. SAUSALITO FERRY Weekdays (excluding Holidays) Depart Sausalito Arrive SF Depart SF Arrive Sausalito 7:10 7:35 7:40 8:10 8:20 8:45 10:00 10:30 10:55 11:25 11:35 12:05 12:15 12:45 12:55 1:25 1:55 2:25 2:35 3:05 3:20 3:50 4:00 4:30 4:45 5:15 5:30 6:00 6:10 6:35 6:45 7:10 7:20 7:50 7:55 8:20 ': Saturdays, 5 nda s &:Ho idays Depart Sausalito Arrive SF - 10:40 11:10 11:20 11:50 12:00 12:30 12:45 1:15 1:25 1:55 2:10 2:40 2:50 3:20 3:50 4:20 4:40 5:10 6:00 6:30 5:35 6:05 6:45 7:15 The 5:35 and 6:45 trips do not return to Sausalito Light = A.M. Bold = RM. Sign up for route -specific service alerts at http✓/goldengatetransit.org/contact 11:10 11:45 11:55 12:30 12:40 1:15 1:25 2:00 2:15 2:50 3:00 3:30 2:50 3:25 3:30 *4:00 4:00 *4:30 3:40 4:10 5:10 5:40 6:40 7:25 8:50 4:15 4:30 *5:00 4:45 5:00 *5:30 5:4- 5 6:00 *6:30 6:15 6:30 *7:00 7:10 7:20 *7:50 8:00 8:10 8:40 9:25 9:35 10:05 5:30 *6:00 Saturdays,Sundays & Holidays Depart Larkspur Arrive SF Depart SF Arrive Larkspur 9:30 10:30 11:40 12:30 1:40 2:30 4:45 5:35 12:40 3:45 6:25 7:25 1:30 4:35 7:15 8:10 *Trips served by Route 25 shuttle There is a misprint in the Larkspur schedule in the Fall Transit Guide. The seasonal weekday 11:40 am round trip from Larkspur will NOT operate. The correct schedule is shown here. SAUSALITO FERRY Weekdays (excluding Holidays) Depart Sausalito Arrive SF Depart SF Arrive Sausalito 7:10 7:35 7:40 8:10 8:20 8:45 10:00 10:30 10:55 11:25 11:35 12:05 12:15 12:45 12:55 1:25 1:55 2:25 2:35 3:05 3:20 3:50 4:00 4:30 4:45 5:15 5:30 6:00 6:10 6:35 6:45 7:10 7:20 7:50 7:55 8:20 ': Saturdays, 5 nda s &:Ho idays Depart Sausalito Arrive SF - 10:40 11:10 11:20 11:50 12:00 12:30 12:45 1:15 1:25 1:55 2:10 2:40 2:50 3:20 3:50 4:20 4:40 5:10 6:00 6:30 5:35 6:05 6:45 7:15 The 5:35 and 6:45 trips do not return to Sausalito Light = A.M. Bold = RM. Sign up for route -specific service alerts at http✓/goldengatetransit.org/contact BUS SERVICE ADJUSTMENTS Effective Sunday, September 11, 2016 Golden Gate Transit schedules are adjusted quarterly to improve system efficiency. Routes 4, 18, 27, 30, 38, 54, 56, 58, 70, 72, 74, 93, 101, and 101X Schedules adjusted up to six minutes to improve connections and running times. Route 24 One northbound and one southbound trip now serve the Civic Center. Schedule adjustments. Route 24X New express route that bypasses all bus pads (including Lucky Drive Bus Pad) and uses the Broadway Tunnel. Route 30 Southbound weekday and weekend trip added departing San Rafael Transit Center at 11:00 pm. Route 40 All westbound trips now serve Bellam Blvd at Marin Square. Schedule adjustments. Route 40X New weekday express route that bypasses Pt. Richmond. All other stops are the same as Route 40. Route 54 Southbound trip added arriving at the SF Financial District at 9:50 am. Schedule adjustments. Route 93 Northbound 5:16 pm trip eliminated. See Route 24 for alternate service. Northbound 3:24 pm trip eliminated. Schedule adjustments. Route 580 Route cancelled due to low ridership. See Routes 40 and 40X for service between the East Bay and Marin. SoMa service Select trips on Routes 4, 24, and 54 to 8th & Folsom and from Folsom & 7th eliminated. See Routes 92 and 93 for alternate service. SF Financial District New northbound bus stops added on Fremont Street between Mission and Market Streets; northbound bus stop revisions in this area. Larkspur and Sausalito Ferry will begin operating the Fall 2016 schedule effective September 26. See page 3 for schedules Marin Transit schedules can be found at marintransit. org or in the Marin Transit Rider's Guide. For new GGT bus schedules and fares, pick up the Golden Gate Fall 2016 Transit Guide on your bus or ferry, visit goldengate.org or call toll-free 511/TDD 711. GGT TESTING REAL-TIME TECHNOLOGY 1k.e4are'{leased to announce that Golden Gate Transit is now testing real-time departure information on the new 511 .org \vebsite. We know you have been waiting patiently for real-time transportation information, and we are working hard to implement this technology for you. We are currently validating the integrity -of the data and hope to roll it out to our riders soon. In addition, we are working to Install electronic signage at major bus stops that will display - real-time departures for our buses. We look forward to providing. you with reliable, real -tune information that will make your travel experience a better one. For passenger safety, all onboard items must be stored: • COMPLETELY UNDER THE SEAT, • COMPLETELY IN THE OVERHEAD RACK, OR • COMPLETELY ON THE PASSENGER'S LAP. Mobility devices such as canes, crutches, walkers, and collapsible strollers are exceptions; however, no item can block an aisle or exit. NEW BUS STOP LOCATIONS IN THE FINANCIAL DISTRICT Transamerica Pyramid A Manila Plaza St - nto St Bar ik'of America pine St Building Financial District ,,c'`' Embarcac Center Embarcadero BART Station HI J Northbound Boarding Stops A CD B Cc D oc Emmen F 0000 G ©O H © O 1 Q !after 3pm only) J ea) Lean M ea N 00 a Montgomery BART Station% N Effective Monday, September 12, two new bus stops will be added on Fremont Street between Mission Street and Market Street, As a result, the boarding locations for Routes 38, 54, 56, 58, 72, and 72X, will shift slightly. This map shows the bus stop configuration. Follow Us On Ei and Dto receive service alerts! Update on Public Law Courts Making Revenue Law By Michael G. Colantuono Developments continue apace in the law of local government revenues. The most significant development is the Supreme Court's 4-3 decision in Department of Finance v. Commission on State Mandates. Los Angeles County and cities within it brought test claims to the Commission on State Mandates arguing requirements imposed by the Regional Water Quality Control Board on a Clean Water Act permit for the storm drain system were reimbursable mandates under 1979's Prop. 4, the Gann Limit Initiative. If so, the Legislature must fund local governments' costs or suspend the mandates. The Commission found the requirements not to be compelled by federal law and therefore mandates, although it also ruled local governments could fund some of them by fees on private parties and denied reimbursement as to those. The Department of Finance successfully overturned the Commission in trial and appellate courts, but the Supreme Court agreed with the Commission. Although storm water permits are required by federal law, the federal government does not compel Regional Boards to impose any particular conditions on permits. The Board's exercise of discretion to impose costly requirements was an unfunded mandate under Prop. 4. The three recent Brown appointees to the Court dissented, arguing the Commission was insufficiently deferential to the expertise of the Regional Board as to the requirements of federal law: This is very consequential for cities and counties given the very large, unfunded costs of complying with current storm water permits. Environmental advocates who won demanding permit requirements from Regional Boards can be expected to seek to salvage those (continued on page 2) tura Za ar 1U Laura joins CH&W's advisor., practice group as an Of Counsel attorney and will provide a full range of advisory services to our municipal clients around Califor nla. Lau;a has more than nine years' experience in r iunicrpal law, with particular emphasis in lana use, public works; business regulations, taxation, and real property matters. She also has experience in representing medical facilities involving 1-IIPAA privacy requirements, malpractice liability, and medical ethics.. Laura earned her law degree at Southern Methodist University r;r Dallas in 2006; where she was a Dean's Scholar and won the 2005 JW Moot Court Competition, She also received honors in law at University College in Oxford, England. She earned her Bachelor of Arts degree at UC Berkeley, graduating as valedictorian of her class. Before law school, Laura taught high school for several years in Lafayette, California. Welcome, Laura! COLANTUONO, HIGHSMITH &,;WHATLEY Revenue Law (cont.) requirements despite this case. The long-standing and expensive battles about who should pay to clean our storm water will continue. The Supreme Court also granted review in California Cannabis Coalition v. City of Upland, which vacated a Court of Appeal decision that the limits on taxes imposed by Prop. 218, such as the requirement for 2/3 vote approval of special taxes, do not apply to initiative measures. The Howard Jarvis Taxpayers Association sought rehearing on behalf of the City for free and succeeded in obtaining review. The case is being briefed and should be decided in 2017. Michael Colantuono of CH&W will collaborate on an amicus brief for the League of California Cities. Argument is scheduled for September in B1A v. City of San Ramon, a San Francisco Court of Appeal case involving a city-wide Mello Roos district to fund municipal services to new development. The BIA argues that the statute requires Mello Roos taxes to fund new services, not to supplement budgets for existing services. A pre -argument order of the Court of Appeal asks the parties to argue statutory history which might support the BIA's view. September will also bring argument of In Re TOT Cases, the California Supreme Court's review of San Diego's effort to collect its bed tax from on-line resellers of hotel stays like Priceline.com. Michael Colantuono and Len Aslanian of CH&W wrote an amicus brief for the League of Cities and the California State Association of Counties in support of San Diego in the case. Decisions are due 90 days after argument. Thus, more case law is coming soon. As always, we will keep you posted! For more information on this subject, contact Michael at MColantuono@chwlaw.us or (530) 432- 7357. Council Votes Protected by Anti -S LAP P Statute By Matthew T. Summers In City of Montebello v. Vasquez, et al., the California Supreme Court held City Councilmembers' votes are protected by the anti-SLAPP statute. A strategic lawsuit against public participation ("SLAPP") was originally a developer's defamation suit against critics of development, using the cost of litigation to silence opponents. In 1992, the Legislature adopted Code of Civil Procedure § 425.16 to prevent such abusive litigation. A defendant may file a special motion to strike to stay all discovery and to obtain early dismissal of a case arising from expressive activity that is not well grounded in fact and law — a so-called "anti-SLAPP" motion. Courts decide anti-SLAPP motions in two steps. First, a defendant must show the challenged conduct arose in the exercise of constitutional free speech or petition rights, defined broadly. If so, the plaintiff must show she is likely to prevail on the merits. If she can, the case proceeds; if not, it is dismissed and the defendant is entitled to attorneys' fees. Montebello sued three former Council Members and a former City Manager for alleged conflict-of- interest violations in the award of a trash franchise. The defendants filed an anti-SLAPP motion, contending their votes on the franchise were constitutionally protected expressive activity. Our Supreme Court agreed. The City argued that voting by public officials is not protected by the First Amendment, citing a recent U.S. Supreme Court involving a conflict of interest dispute in Las Vegas, Nevada Commission on Ethics v. Carrigan. The California court held the anti-SLAPP statute expressly (continued on page 3) Newsletter :Summer 2015 C©LANTUONO, H!GHSMIT No Religious Defense to Marijuana Laws By Gary B. Bell In Oklevueha Native American Church of Hawaii, Inc., et al. v. Lynch, et al., founder and church president Michael Rex "Raging Bear" Mooney defended his prosecution for possession and distribution of cannabis, citing the federal Religious Freedom Restoration Act (RFRA). Mooney and church members claimed they "receive[d] communion through cannabis in their religious ceremonies and daily worship." They also claimed to "honor and embrace all entheogenic naturally occurring substances, including Ayahuasca, Cannabis (aka Rosa Maria and Santa Rosa), Iboga, Kava, Psilocybin, San Pedro, Soma, Teonanacatyl, Tsi-Ahga, and many others." However, they conceded cannabis is a substitute for their primary entheogenic sacrament, peyote. A RFRA claim has two elements: (1) the activities must be an "exercise of religion," and (2) the government action must "substantially burden" that religious exercise. If a plaintiff establishes these, the government must prove its challenged action furthers a "compelling government interest" by "the least restrictive means" — a difficult test. The Ninth Circuit did not decide whether cannabis use is an "exercise of religion." Because Mooney and church members conceded cannabis is a substitute for peyote and their religion does not mandate its use, the Court found their prosecution for possession and distribution of cannabis could not be a "substantial burden" on their religious exercise. The Court left open the possibility of a future RFRA claim by adherents to a religion that mandates use of cannabis. Such a claim, if factually proven, might prevent a federal prosecution for possession and distribution of cannabis. The proliferation of marijuana businesses in our current regulatory environment has led to increasing efforts to enforce local and other restrictions on those businesses. Religious claims sometimes arise in defense of these cases. However, careful prosecution can overcome most such claims as research has yet to identify a bona fide religion that compels marijuana consumption. For more information on this subject, contact Gary at GBell@chwlaw.us or (530) 208-5346. Votes Protected by Anti -S LAP P Statute (cont.) protects both constitutional free speech and petition rights. Council Members' votes and comments at Council meetings are entitled to protection. The Court remanded to lower courts to consider whether the City can show likely success on the merits. Justices Liu and Justice Krueger dissented, noting the ruling's chilling effect on enforcement of public - sector corruption laws. The majority rejected this concern, explaining the ruling is not blanket protection for legislators' votes because plaintiffs may proceed if they demonstrate a probability of prevailing on the merits. The case will complicate enforcement of conflict of interest and corruption laws, but will ensure protection for elected officials' comments and votes in local government meetings. The significance of its holding will be clearer when lower courts determine if Montebello can prove its conflict-of-interest claims. For more information on this subject, contact Matt at MSummers@chwlaw.us or (213) 542-5719. Jeds e' COLANTUONO HIGHSMITH WHATLEY, PC 420 SIERRA`LLEGE DRIVE, SUITE 140 ,RASS VALLEY, CA 95945 F• PRESORTED FIRST-CLASS MAIL US POSTAGE PAID MAIL MASTERS iiiIAttliIII,9IIIIIIII'IIIIIIIIIiil lll'IIIIIIIT1lllll11i T26 P1 Town Of Tiburon Greg Chanis Town Manager 1505 Tiburon Blvd Tiburon CA 94920-2530 Are you on our list? To subscribe to our newsletter or to update your information, complete the form below and fax it to (530) 432-7356. You can also call Marta Farmer at (530) 432-7357 or subscribe via our website at WWW.CHWLAW.US. Name Title Affiliation Address City State Zip Code Phone E-mail Fax ❑ Mail ❑ E -Mail ❑ Both Our newsletter is available as a printed document sent by U.S. Mail and as a PDF file sent by e-mail. Please let us know how you would like to receive your copy. The contents of this newsletter do not constitute legal advice. You should seek the opinion of qualified counsel regarding your specific situation before acting on the information provided here. Copyright © 2016 Colantuono, Highsmith & Whatley, PC. All rights reserved. 11 Lib" THE FANCH HE WAY WE LIVE MAY The Ranch Belvedere Tiburon Joint Recreation Committee Regular Meeting Agenda Monday, September 19, 2016 7:00 p.m. Dairy Knoll, 600 Ned's Way, Tiburon The public is invited to attend. 7:00 Call to Order Committee: Chair: Afsaneh Zolfaghari, Belvedere Vice Chair: Peyton Stein, Belvedere Tiburon: Jim Fraser, Jerry Riessen, Jane Jacobs, Erin Burns Belvedere: Bob McCaskill RUSD: Howard Block I. Public Comment The public may direct questions or comments related to Belvedere -Tiburon Recreation business to the Committee and Director concerning matters not listed on the agenda. The Committee can take no action unless the matter is placed on a subsequent agenda. II. Minutes A. Approval of Minutes for the Regular Meeting held August 15, 2016 Motion Second by Vote III. Finance Reports A. Review of August FY2016/17 Cash Report IV. Discussion Item A. Tennis B. Special Events C. Basketball League D. RUSD update VI. Adiourn 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 Director of Belvedere -Tiburon Joint Recreation (415) 435-4355. Notification 48 hours prior to the meeting will enable BTJR to make reasonable accommodation for full participation. (28 CFR 35,102- 35,104 ADA Title II) Upon request, the Belvedere -Tiburon Joint Recreation Committee 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 Director of Belvedere -Tiburon Joint Recreation at the above address. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at the Belvedere Tiburon Joint Recreation Office, 1505 Tiburon Blvd. Suite A, Tiburon. TIMING OF ITEMS ON AGENDA While the Belvedere -Tiburon Joint Recreation Committee 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 agenda.