HomeMy WebLinkAboutTC Agd Pkt 2004-02-04
TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
)44-1/ EI\
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February 4, 2004
6:00 PM - Artist's Reception
(Community Room)
7:00 PM - Closed Session
7:30 PM - Regular Meeting
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Town Clerk at (415) 435-7377, Notification 48
hours prior to the meeting will enable the Town to make reasonable arrangements to ensure
accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and inspection at Town
Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes
, are posted on the Town's website, www/tiburon/ora/aovernment.
Upon request, the Town will provide written agenda materials in appropriate alternative formats,
or disability-related modification or accommodation, including auxiliary aids or services, to enable
individuals with disabilities to participate in public meetings. Please send a written request,
including your name, mailing address, phone number and brief description of the requested
materials and preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above address,
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide
testimony on these items. If you challenge any proposed action(s) in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing(s) described later in
this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public
Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda, it reserves
the right to take items out of order. No set times are assigned to items appearing on the Town
Council agenda, .
Agenda - Town Council Meeting
February 4, 2004
Page 2 of4
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AGENDA
CLOSED SESSION
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a closed session.
More specific information regarding this meeting is indicated below:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Siciliano v. Town of Tiburon
CALL TO ORDER AND ROLL CALL
Councilmember Gram, Council member Slavitz, Council member Smith, Vice Mayor Berger, Mayor Fredericks
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now.
Please note however, that the Town Council is not able to undertake extended discussion or action
tonight on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda. Please limit vour comments to no more than three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless a
request is made by a member of the public, staff or Town Council that an item be transferred to the
Regular Agenda for separate discussion and consideration. likewise, any item on the Regular
Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items
on the Consent Calendar below, please do so now,
1. Approval of Town Council Minutes- January 21, 2004
2, Recommendation by Director of Administrative Services - Accept Town Investment Summaries
a) November 2003
b) December 2003
3. Recommendation by Director of Administrative Services - Authorize Town Manager & Director of
Administrative Services to Execute Agreement with Smith, Barney for Investment Services
a) A Resolution of the Town Council of the Town of Tiburon
Authorizing the Town Manager and Director of Administrative
Services to Establish an Investment Account with Smith Barney
Citigroup for the Purpose of Investing Town Funds
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Agenda - Town Council Meeting
February 4, 2004
Page 3 of4
REGULAR AGENDA
4. Recommendation by Town Clerk - Appointments to Town Boards, Commissions & Committees
a) Reappointment of Commissioners who have served less than two years
. Planning Commission - Dick Collins
. Design Review Board - Bill Teiser & Emmett O'Donnell
. Heritage & Arts Commission - Patricia Navone
. Jt. Recreation Committee - Tara Sullivan
b) Reappointment of Commissioners whose terms are expiring on 2/29/04
. Parks & Open Space Commission - Margo Zender
c) Status of Current or Pending Vacancies on Town Boards, Commissions & Committees
. Design Review Board
. Parks & Open Space Commission
. Belvedere- Tiburon Library Agency Board of Directors
. Tiburon Ecumenical Association/Hilarita Board of Directors
d) Town Council Appointment to Tiburon Peninsula Chamber of Commerce Downtown
Economic Development Committee
5. Presentation by Chief of Police - Annual Report of Tiburon Police Department
PUBLIC HEARING
6. Recommendation by Town Attorney - Proposed Ban of Personal Watercraft in Town Waters
Second Reading and Adoption of Ordinance
a) An Ordinance of the Town Council of the Town of Tiburon
Adding Chapter 33 to the Town Code Pertaining to the
Regulation of Motorized Personal Watercraft within all
Shoreline Waters and Estuaries of the Town of Tiburon
COUNCIL COMMITTEE AND COMMISSION REPORTS
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - January 23, 2004
Town Council Weekly Digest - January 30, 2004
ADJOURNMENT
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Agenda - Town Council'Meeting
February 4, 2004
Page 4 of 4
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UPCOMING AGENDA ITEMS - Note: These items are tentative until thev aDDearon the final aaenda,
. General Plan Open Space & Conservation Element - (February 18)
. RFP for New Town Auditors - (February 18)
. Proposed Skatepark Site Analysis - (March 3)
. Appeal of Design Review Board Approval of new Single Family Dwelling at 4 Cazadero Lane;
Applicants, Jeff & Kari Cusack; Appellants, William & Helen Lindqvist (3 Cazadero Lane) - (March 3)
. Amendments to PERS Contract - (March 3)
. Transportation Sales Tax Expenditure Plan - (March 17)
. Direction to Town Manager re: Tiburon Police Association Negotiations - (March)
. Proposed Solar Panels on Town Hall
. Proposed Pilgrim Heights Undergrounding District
. Proposed Erosion and Siltation Control Ordinance
. Revised Road Impact Fee Schedule
. Capital Improvement Schedule
. Raccoon Lane Undergrounding Utilities District
. Accept Storm Drain Project as Compiete
. Appeal of Planning Commission Decision to Deny an Application to Amend the Cypress Hollow
Precise Development Plan to amend a building envelope at 65 Monterey Drive; Applicant/Appellant
Eckhard Evers .
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TOWN COUNCIL
MINUTES
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CALL TO ORDER
Mayor Fredericks called the regular meeting ofthe Tiburon Town Council to order at 7:30 p,m,
on Wednesday, January 21, 2004, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California,
ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Fredericks, Slavitz, Smith
Gram
PRESENT:
EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Director of Community Development Anderson,
Director of Public Works/Town EllI"rineer Echols,
Chief of Police Odetto, Police Lieutenant Hutton,
Director of Administrative Services McVeigh,
Administrative & Financial Analyst Stott, Town
Clerk Crane Iacapi
TIBURON REDEVELOPMENT AGENCY
CALL TO ORDER
Boardmembers Slavitz, Boardmember Smith, Vice Chair Berger, and Chair Fredericks were
present; Boardmember Gram was absent.
ORAL COMMUNICATIONS
None,
NEW BUSINESS
I. Adoption of Minutes of Junc 18,2003
MOTION:
Moved:
Vote:
To adopt Minutes as written,
Berger, seconded by Slavitz
A YES: Berger, Fredericks, Slavitz
ABSENT: Gram
ABSTAIN: Smith
Town Council Minutes # 02-2(1)4
Januar:v 2', 2004
Page'
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2, Accept Audit for Fiscal Year Ending June 30, 2003
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MOTION:
Moved:
Vote:
To accept above audit. '
Berger, seconded by Slavitz
AYES: Berger, Fredericks, Slavitz, Smith
NOES: None"
ABSENT: Gram
ADJOURN and reconvene as the Tiburon Town Council
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks w'ere present;
Councilmember Gram was absent.
ORAL COMMUNICATIONS
Gary Chan, Chair of the "Citizenship of Community" committee, introduced members of a local
Boy Scout troop who were in the audience observing the proceedings in order to receive their -
merit badges in local government. .-
CONSENT CALENDAR
1, Approval of Town Council Minutes - January 7, 2004
2, Appointments to Town Boards, Commissions & Committees
a) Ratification of Reed Union School District Board Parent Liaison to Belvedere-
Tiburon Library Agency Board of Directors - (Stephanie Pugash)
3, Recommendation by Director of Community Development - Approval and
Authorization for Budget Amendment to Install New Bus Shelter on South Side of
Tiburon Boulevard Near Ned's Way
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item Nos, 1-3, above.
Berger, seconded by Slavitz
AYES: Unanimous
ABSENT: Gram
Town Council Minutes # 02-2004
JanUaI)' 2 J, 201J4
Page]
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REGULAR AGENDA
4, Recommendation by Director of Administrative Services - Review of Mid-Year
Financial Reports
Director Bigall gave highlights from the mid-year report, She said that the Town's financial
condition continucd to bc excellent, although its operating surplus not as !,'feat as prior ycars.
She estimated the operating surplus at fiscal year end to be $414,000.
Ms, Bigall also said that key revenues were at budget or slightly better at mid year, and that
StafI'had not included the VLF back-fill in the current fiscal year's budget at Council's
dircction, Town Manager Mcintyre said that there would be further discussion of related budgct
policy issues at the upcoming Council/Staff retreat on January 29.
MOTION:
Moved:
Vote:
To adopt the report, as presented,
Slavitz, seconded by Berger
AYES: Unanimous
ABSENT: Gram
5, Recommendation by Chief of Police - Revised Alarm Permit Fee Schedulc
a) A Resolution ofthe Town Council of the Town of Tiburon
Adopting a Revised Alarm Permit Fee Schedule for the
Police Department of the Town of Tiburon
Chief of Police Odetto said there werc 1100 alarms with pennits in Tiburon, Hc said that the
police had responded to 682 false alarms in 2003, 16 of which had exceeded the allowance of
first thrcc "free," He said that false alarms required the response of a minimum of two officers
with an elapsed time of 30 minutes, In addition, he said that there was Staff time of
approximately 1 0 minutes to write follow-up reports,
The Chief of Police recommended an increase in the false alarm penalty fee which would be
raised from $100 to $250 for thc fourth incident. Hc said that this was consistent with the
Town's policy on cost recovery, although the Council could choose to subsidize all or a portion
of the cost ifit so desired,
Councihnember Slavitz said that the report seemed to accurately calculate the costs of
responding to false alanns but asked why the penalties should not kick in after one or two falsc
alarms, The Chiefreplied that it would take up too much Stafftimc to send out invoiccs for
just the first or second falsc alarm.
Vicc Mayor Berger wondered whethcr an increase in the penalties would cause residents or
merchants to disable their alarm systems, thereby defeating the purposc of such alarms, Thc
Town Council Minutes # 02-2004
JanUaI)' 21, 20lN
Page 3
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Chicf said that it was the policy ofthe Police Department to work with rC'Peat otlendersto help
them determine whether there was a mechanical problem or human error that was causing the
false alarms,
Mayor Fredericks asked whether there was an option for alarm owners to notify their alann
company first instead of the call going directly to the police,
Chief Odctto said that such an arrangement would have to be worked out bctwecn thc vcndor
and the property owner. However, the Chief said that the Poliee Department could make the
suggestion in thc rcncwal notice it sent out to permit holders each ycar.
Mayor Fredericks commented that if property owners indeed had that option, it made the fee
and penalty schedule seem even more reasonable,
Mayor Fredericks opened the public hearing, There was no public comment on the matter.
MOTION:
Moved:
Vote:
To adopt the abovc resolution,
Slavitz, seconded by Berger
AYES: Unanimous
ABSENT: Gram
PUBLIC HEARING
Council moved to takc thc following itcms out of order: No, J 0 (proposed .let Ski ban); No, 9
(proposcd Trcstle Glen Bikeway), After hearing these items, the Council returned to Item Nos, 6,
7 & 8 on the agenda,
6, Recommendation by Administrative & Financial Analyst - Update Hourly Rate
Schedule for Town Staff
a) A Resolution of the Town Council of the Town ofTiburon
Adopting a Revised Hourly Rate Schedule f()r Town of
Tiburon Personnel
Analyst Stott said that the schcduled reflectcd increases in Statl salaries and benefits since the
last year's resolution was adopted. In response to a question from Councilmember Smith, Stott
said that the increascd ranged from zero to 8,65%,
Mayor Fredericks opened the public hearing, Therc was no public comment.
MOTION:
Movcd:
Votc:
To adopt thc above resolution,
Slavitz
AYES:
ABSENT:
Unanimous
Gram
Tmvf7 Council Minutes # O]-2(J()4
January 2 J, ]()()4
Page 4
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7. Recommendation by Director of Community Development - Annual Dcvelopment
Fee Report
Director Anderson said that the annual rcport, required by State Law, was for public facilities
fces charged to developmcnt projects as a condition of approval. He said that the Town's public
facility fees includcd a Circulation System Fund and a Planning Area Mitigation Fund for a)
improvements within the Town limits and b) for improvements within the Town's planning area,
He stated that the currcnt fund balances were $163,000 and $217,000, respectively.
In addition, Andl-'Tson said that the Street Impact Fund had $600,000 and was one of thc primary
funds used to maintain the streets within the Town ofTiburon.
The other funds discussed by the Director werc the Property Development Fund, with $24,000,
and the Affordable Housing In-Lieu Fund, which contained approximately $1.3 million at the
end of thc 2003 fiscal year,
In response to a question from Vicc Mayor Berger, Anderson said that the housing in-lieu fec
amounts were determined by a formula contained in the Town's zoning ordinance, the prcmise of
which was how much it would cost to construct one unit of housing. He said this formula
assumed a certain sizc unit and income range of occupants and was estimated to cost $200,000 -
$300,000 per unit.
In addition, Anderson said that the housing in-lieu fces were not levied on individual property
owners, just on dcvelopers of subdivisions (of more than two units),
The Vice Mayor said therc was a perception by some residents that the Town should fix the
streets in their ncighborhood once a projcct was completed, He said that the rcsidents were
unaware that the fees collccted went into the Town's general fund (for street repair) rather than
being earmarked for damage caused to particular roadways by a particular project.
Director of Public Works/Town Engineer Echols said that there were other ways to addrcss the
damage caused by particular projects, such as the Town withholding a final occupancy pennit
until certain repairs wcre made,
The Dircctor also stated that thc Town reviewed its Pavemcnt Management System (PMS) cvery
three years to retain its ccrtification with Metropolitan Transportation Commission (MTC), and
that newly damaged streets should "theoretically" rise to the top of the list.
Councilmember Slavitz noted that the Town's Pavement Management System (PMS) called for
approximately a half million dollars per year for strcct maintenance and repair.
Vice Mayor Bergcr askcd that Stafr makc a spccial eflort to educate the public on the entirc strcct
repair and funding process,
Town Council Minutes 1+ 02-2()()4
Januarv 21, 2(1)4
Page 5
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Mayor Fredericks opcncd thc public hcaring,
John Kern, Stewart Drive, said that the Council should considcr levying a fec on various utility
companies, such as Cable TV, PG&E, MMWD and Mill Valley Refusc, for damage caused to
roads by thcir trucks and hcavy cquipmcnt.
Town Manager Mclntyrc said that although thc franchise fecs f(lf Mill Valley Refuse were set by
the Town, most of the other franchise fees were regulated by the Public Utilitics Commission,
Mr. Kcrn gave an cxamp1c of damagc causcd to roadways by construction, He stated that just
prior to the Town adopting its Strect Impact Fee (levied on individual propcrty owncrs through
the Building Permit process), a project on Hacienda Drive had a total of 286 trips up Stewart
Drivc by concretc trucks,
Mayor Fredericks closed the public hearing,
MOTION:
Movcd:
Vote:
To accept the Annual Development Fee report.
Smith, sccondcd by Slavitz
AYES: Berger, Frcdericks, Slavitz, Smith
ABSENT: Gram
8, Recommendation by Director of Community Development - Housing In-Lieu Fec
Report and Findings
a) A Resolution of the Town Council of the Town ofTiburon
Making Ccrtain Findings Regarding Fees Collected for
Affordable Housing Purposcs
Director Anderson said that Housing In-Licu Fee Report and Findings was required cvcry fivc
years by the State, He said that thc Town had spcnt morc than it had taken in over the last 20
years (over a million dollars) and had successfully developed threc affordable housing sitcs,
He said that several more potential sites had been identified in thc Town's draft Housing
Elemcnt which was slatcd for adoption with the ncw Tiburon General Plan in late 2004, and
that developers had already expressed an interest in at least thrcc of the new sites,
Vice Mayor Berger askcd if thcrc was any danger oflosing thesc funds as a rcsult of thc State
budget crisis, The Director rcplied that it was unlikely bccausc thc fces were locally generated,
Howcvcr, hc said that redevelopmcnt agency housing set-asidc monics might bc a targct. Thc
Mayor said that this would be unlikely, politically,
Mayor Fredcricks opcncd the itcm to thc public, There was no public commcnt.
Town Council MinUles tI O]-]()()4
.1anuwy 2 J, ]()()4
Page 6
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MOTION:
Moved:
Votc:
To adopt the above resolution,
Bcrgcr, secondcd by Smith
A YES: Unanimous
ABSENT: Gram
9, Recommendation by Director Public Works/Town Engineer - Trestle Glen Bikcway
Project: Consider Approval and Adopt Negative Declaration
a) A Rcsolution ofthc Town Council of the Town ofTihuron
approving the Trestle Glen Bikeway Project, Adopting a
Mitigatcd Negativc Dcclaration Thcreforc, and Adopting a
Mitigation Monitoring and Reporting Program for thc Projcct
Director Echols gavc thc rcport, Hc said that the Council had accepted the Trestle Glen
Bikeway Study prepared by Questa Engineering in May of 2003, Echols said thc study was
funded by a $60,000 planning !,'fant from the Association of Bay Area Governments (ABAG) as
part of the San Francisco Bay Trail Development Project.
Hc reviewed some of the components of the study, which call cd for a scparatcd pcdcstrian path
on the North side of Trestle Glen Boulevard and Class II bicycle lanes along both sides, He said
that Qucsta Enginecring had also prcparcd an Initial Study and draft Mitigation Monitoring and
Reporting Pro!,>Tam which concluded that this preferred alignment would havc only minor
environmental impacts, limited to potential impacts on aesthetics, slope stability, riparian habitat
and construction noise,
Mr. Echols said that a draft Mitigated Negative Declaration for this project had becn sent to all
property owners and homeowner associations in the vicinity, along with outside agencics in
accordance with CEQA and the Town's Environmental Rcview Guidelincs, Hc notcd that the
30-day public review period for the draft Negative Declaration had endcd at 5:00 p,m, today and
that several letters received on the project were included in the packet as "late mail."
The Director rccommended that the Council takc puhlic comment and approve the projcct and
supporting Negative Dcclaration and Mitigation Monitoring Pro!,'fam.
Mayor Fredericks commented that the project was still in its "conceptual design" phase and that
therc would be additional dcsign and environmental hearings conccrning the projcct in the future
once funding lor it had been received,
In response to a question from Council about impacts on vegetation in the area, Director Echols
said that an arborist would he retained and there would he mitigated screening and landscaping,
Echols also stated that all of the improvements were to bc within thc existing Town right-ot~way
on Trestle Glen Boulevard,
Town Council Minutes # 02-2()()4
Januw:v 2 L 2()()4
Page 7
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Councilmember Slavitz commented thaI thc projcct was a rcsult of the Bicycle-Pedestrian
Subcommittee's efforts and that the members themselves had sought and received funding for the
initial study,
Mayor Fredericks opened the public hcaring,
Gary Chan, Paradisc Cay, asked whethcr improvements could be extended onto Paradisc Drive
rathcr than be limited to a two-block area of Trestle Glen Boulevard,
Director Echols said that the Town had originally sought a planning grant to study the entire
len6>th of Trestle Glen Boulcvard, extending onto Paradise Drivc and into Corte Madera,
Unfortunatcly, hc said that the funding received was limited to the Trestle Glen arca only.
However, Echols said that this would be a useful se6'lTIcnt and that in future, monies might be
obtained for additional Se6'111ents in the County,
John Krezenski and his son, Austin, 27 Old Landing Road, spoke in support ofthe project,
noting that Austin had been in a recent bicycle accident on Trestle Glen Boulevard which a bikc
lane probably would have prevented,
Melinda Cox, 20 Turtlc Rock Court, also spokc on bchalf ofhcr neighbors who supported thc
project and said that it would be a wonderful improvcment to help kids get to school safcly,
Mayor Fredcricks closed the public hcaring.
The Council COn6'Tatulated BP AC on its succcssful efforts in identifying the bicyclc and
pedestrian safcty problems on Trestle Glen Boulevard and in moving the project forward,
MOTION:
Moved:
Votc:
To adopt the above resolution.
Slavitz secondcd by Berger
AYES: Unanimous
ABSENT: Gram
10, Recommendation by Town Attorney - Proposed Ban of Personal Watercraft in Town
Waters
introduction & First Reading o/,Ordinancc
a) An Ordinancc of the Town Council ofthc Town ofTiburon
Adding Chaptcr 33 to the Town Code Pcrtaining to the
Regulation of Motorized Personal Walercraft within all
Shoreline Waters and Estuaries ofthe Town ofTiburon
Town Attorncy Danforth gave thc rcport, stating that in October 1999 thc County of Marin had
adoptcd an ordinance 10 ban the use of pcrsonal watercraft in all County waters, Shortly
Town Council A1inUfcs:fI 02-2()()4
.Ianuwy 21, 2{)()4
Pllgc8
thereafter, according to Ms, Danforth, a lawsuit was filed, Eventually, the Court of Appeals
rejected the challenge to the ordinance, ruling that the County's law was facially valid,
Ms, Danforth said that the Council then directed Town Staff to move forward in November 2002
with a similar ban, '
Ms, Danforth said that the Town's proposed ordinance was based primarily on environmental
conccrns such as air, water and noise pollution, In addition, shc said that jct skis wcrc able to
navigate in shallow waters which disturbed sensitive wildlife habitat as well as disrupting the
quiet use and enjoyment of shoreline park areas by the public, She said that the County's record
was substantial and could be reviewed in more detail by the Council, if desired,
The Town Attorney said that Town Staff had initially presented its concerns regarding its
abilities to enforce such an ordinance in the Town, if adopted, However, she said that the Chief
of Police had dctermincd that the Town could enter into an agrecmcnt for thc County to enf()rce
the ordinance in Town waters, while the Town could enf()rce it on land at launching points,
Ms. Danforth advised the Council that opponents of the ordinance had asserted that such laws
were out of date because the technology of jet skis had changed (from two-stroke to four-strokc
engines), such that the noise and water pollution was now equivalent to that of other vessels, Ms,
Danforth acknowledged that the Town did not have the in-house expertise required to evaluatc
these claims, She said that even if the opponents were correct that the new vehiclcs did not have
significant noise and water pollution concerns, a lot of users would still have the older models
and that banning only older models would create sil,'Ilificant enforcement problems, Moreover,
Ms, Danforth noted that the newer technology described by the ban opponents would not addrcss
the other problematic features ofpcrsonal watercraft (PWC's), such as thcir ability to maneuver
quickly in close proximity to shore in sensitive shallow waters near the shoreline,
Councilmember Smith askcd whcther the County would indced bc ablc to enforcc the ordinance
and how much would that enforccmcnt cost the Town.
. Chief Odetto noted that the County and the Town already provided one another with mutual aid
in law enforcement but said that enforcement ofthis ordinance would depend upon the
availability and staffing schedule of the [one] Sheriff's boat.
Councilmember Slavitz asked whether the ban in Town waters extended through Raccoon Straits
to Angel Island and asked whether such a ban made sense, He referred to a letter from thc
Richardson Bay Regional Agency which had proposcd a 1200 foot offshore buffcr zonc rather
than a complete ban,
Town Attorney Danforth said that although such a buffer zonc had bccn considcrcd, the
confusion ovcr whcre the buffer zone ended and the issue of where County waters versus Town
watcrs bcgan wcre examples of the difficulties of enforcing such a ban.
Town Council Minutes tI 02-2()()4
January 21, ]()()4
Page f)
Ms. Danti,rth said that the County had askcd thc othcr jurisdictions tilf consistency in drafting
and adopting their ordinances to avoid such issues.
Mayor Fredericks opened the public hearing,
Helen Muirhead, Paradise Drive, said that she and her husband lived adjacent to the Paradise Cay
subdivision (which is in the County of Marin), She said that they were bothered by the noisc
rrom jet skis and said that if it bccamc known that the Town had not adoptcd a ban, Tiburon
waters would become a "magnet" for jet skis,
Councilmember Smith asked about the rrequency of jet skies in her area, Mrs. Muirhead replied
that they came into their area scveral times a day on wcckcnds during the summer months,
Fraser Muirhead, Paradise Drive, said the jet skis came "right under" their bedroom and
livinl,'foom areas, He also pointed out that he had not noticed a decrement in noisc levels from
[new model] jet skis in the last five years.
Councilmember Slavitz a~ked Mr. Frascr whethcr hc had noticed any cnforccment of the ban by
the County in the vicinity of Paradise Cay.
Mr. Fraser pointed out on the map where thc jet skis exitcd from Paradise Cay and then camc
around a bend into thc cove on which his home was located, in Tiburon, He said that the shallow
water in thc [Tiburon] cove was whcre they liked to ridc their craft, He said that he had not scen
enforcement of the ban in County waters,
Mayor Fredericks asked how long the County's ban had been in effect. ToWn Attorney Danforth
said that the litigation was resolved over a year ago, '
Councilmember Smith asked how many complaints the Town received regarding jet skis,
Ms, Danforth said that Staffreceivcd pcriodic complaints rrom arcas such as Paradisc Drive and
Corinthian Island,
Councilmember Berger also noted that the noise rrom jet skis traveled uphill into his
ncighborhood, Lyford's Cove/Old Tiburon,
Sean Smith, represcnting the Bluewatcr Nctwork, said that he had worked on this issuc for six
years and supportcd thc ban of pcrsonal watcrcraft bccausc of the significant damage to wildlife
and resources on watcrways, Mr. Smith said that studies show cd thc operation of personal
watercraft promoted greater disruption of behavior in wildlifc than othcr watercraft,
Mr. Smith said that in addition to thc County of Marin, thc Pt. Reyes National Seashore, Golden
Gatc National Recreation Area, and the Marin Sanctuary at the Farrallon Islands, had banned the
opcration of personal watercraft
'l'mvn Council MinUlcS # 02-2(J()4
.Januw:l' 21, 2()()4
Page fO
1
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He also stated that in April of 2000 the National Park Service had closed all but threc national
parks to jet ski s,
Mr. Smith said that the arh'Ument that the newer jet skies were cleaner and quieter was fallacious
and stated that the chemicals discharged by such vehicles (benzene and PHH) were highly toxic,
Mr. Smith urged the Council to adopt the ban, which he said also applicd to rivers and lakcs
within the County of Marin; but suggested that the definition of operators be drawn more widely
to include "person or persons" (rather than person), He also agreed that a total ban in Town
waters would be easier to cnforce than a buffer zone.
In response to a question !Tom Councilmember Smith, the Bluewater Network representative said
that the Lake Tahoe ban was not a complete ban, but rather a prohibition against carbureted two-
stroke engine jet skis, He again pointed out that pollution was only one problem associated with
personal watcrcraft and that the impact on wildlife habitats was another.
Councilmember Smith ask cd for clarification on a statistic included in the Statl'report on the
,number of national parks that banned jet skis. Mr. Sean Smith said that thc Blucwater Nctwork
had sued the National Park Service over its initial [less broad] ban and had won, resulting in just
three parks allowing operation of such watercraft at present.
Councilmember Slavitz asked what othcr cities in Marin had adopted the ban. While these
statistics were not readily available, Town Manager Mcintyre said that he would raise thc issue in
the Marin Manager's meeting,
Walter Sant()rd, 49 Seafirth Place, said that he too was negatively impacted by the operation of
jet skis in watcrs in his neighborhood, He said that the noise impact was worsc than any boat
because it was constant and repetitive, Hc also said that he had secn the .let Ski operators chase
birds away and that they came very close to the sh()re,
Andrew Thompson, 18 Southridgc East, said that the issue had first come to his attention while
he served as the Council representative to the Richardson,Bay Regional Agency, He said at that
time the RBRA had received complaints !Tom not only Tiburon residents but also !Tom residents
of W cst Shore Road and the Corinthian Island areas in Belvedere.
Thompson said that thc original plan was to create a buffer zone in Sausalito that cxtcnded all the
way around Paradisc Drive. However, he said that thc County of Marin had conducted hearings
and decidcd to adopt an outright ban, Thompson said that he thought opcration of the craft
farthcr out in the Bay would be okay but that not to adopt an ordinance over this issue would bc a
mistake.
Mayor'Fredcricks closcd the public hearing,
Town Council Minutes if (}2~2(}(}4
.Ianumy 21, 2()()4
Page J I
\
All ofthe Councilmembers stated their endorsement of the proposed ban, in full or in part. '
Councilmcmbcrs Slavitz and Smith said that thcy would havc favorcd a buffcr zone but notcd
that since the County had drafted their ordinance as a total ban, anything Icss would crcatc a
prohlcm ?f enforcemcnt.
Vice Mayor Bergcr rciteratcd that the noise from jct skis affcctcd hundrcds of homes in his
neighhorhood, in addition to the creating issues of pollution and wildlife disruption,
Mayor rredcricks concurrcd and said that issues surrounding improvements to jet skis had not
heen resolved and that the shoreline habitats needed protection,
The Mayor said that a buffer zone would not draw a c1car Iinc for cntorccmcnt and that thc
County's ordinance made it very clear.
Council dircctcd thc Town Attorncy to changc the dctinition of operators in the ordinancc from
"person" to "person or persons,"
MOTION:
Moved:
Vote:
To read the ordinance hy title only,
Berger, seconded by Slavitz
A YES: Unanimous
ABSENT: Gram
MOTION:
Moved:
Vote:
To pass first rcading of ahovc ordinance,
Berger, seconded hy Smith
A YES: Berger, Fredericks, Slavitz, Smith
NOES: None
ABSENT: Gram
COUNCIL COMMITTEE AND COMMISSION REPORTS
Councilmcmbcr Slavitz reported on the Chamber of Commerce annual brcakfast meeting,
Councilmemhcr Smith report cd that watcr quality was discussed at the Richardson Bay Regional
Agency Meeting and that it look cd likc it was improving (in thc Bay),
Mayor Fredericks gave a brief report tram the Congestion Management Agency and statcd that
thc salcs tax mcasurc was still moving f(lrward tClr the November ballot.
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - January 9, 2004
Town Council Weekly Digest - January 16,2004
'/'OWl1 Council Minutes Ii 02-2(}(j4
January 2/. ]()()4
Page /2
I
ADJOURNMENT
There being no further business before the Town Council ofthc Town ofTiburon, Mayor
Fredericks adjourned the mecting at 9:30 p,m., sine die,
ALICE FREDERICKS, MA YOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes # 02-](}(j4
.fanum:\! 21, ]()()4
Page /3
e Town of Tiburon
STAFF REPORT
AGENDA ITEM
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. . . . . .. .. .. . .. . .. . . . . . . . . . . . .. .. ..
TO:
Mayor and Members of the Town Council
iJ.
FROM:
Heidi Bigall, Director of Administrative Services
SUBJECT:
Monthly Investment Summary - November 2003
MEETING DATE: February 4,: 2003
REVIEWED BY:
.. . . . . . . . . . . . . . . . . . . . . . . . .. . . . . ... . . . . . . . . . . . .
TOWN OF TIBURON
Institution/Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $8,561,000,63 1,572% Liquid
Investment
Fund (LAIF)
Total Invested: $8,561,000,63
TIBURON REDEVELOPMENT AGENCY
e Institution/Agency Investment
Amount Interest Rate
Maturity
State of California Local Agency $920,654,63 1,572% Liquid
Investment
Fund (LAIF)
Bank of America Other $0
Total Invested: $920,654.63
Notes to Table Information:
State of California Local Agency Investment Fund (LAIF): The interest rate
represents the effective yield for the month referenced above, The State of California
generally distributes investment data reports in the third week following the month
ended,
Acknowledgment: This summary report accurately reflects all pooled investments of
the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity
with State laws and the Investment Policy adopted by the Town Council. The
investment program herein summarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures.
- Heidi McVeigh
. cc: Town Treasurer
Town of Tiburon
STAFF REPORT
AGENDA ITEM
/' (I I
,:J- ~t) }
e
TO:
Mayor and Members of the Town Council
M
FROM:
Heidi Bigal!, Director of Administrative Services
SUBJECT:
Monthly Investment Summary - December 2003
MEETING DATE: February 4, 2003
REVIEWED BY:
... ... . .. .. . . . . . . . . . . . . .. . . . .. . .. . . . . . . .. . . . ..
TOWN OF TIBURON
Institution/Agency
Investment
Amount
I nterest Rate
Maturity
State of California Local Agency $9,486,000.63 1,545% Liquid
Investment
Fund (LAIF)
Total Invested: $9,486,000,63
TIBURON REDEVELOPMENT AGENCY
Institution/Agency
Investment
Amount Interest Rate
Maturity
e
State of California Local Agency $920,654,63 1,545% Liquid
Investment
Fund (LAIF)
Bank of America Other $0
Total Invested: $920,654.63
Notes to Table Information:
State of California Local Agency Investment Fund (LAIF): The interest rate
represents the effective yield for the month referenced above, The State of California
generally distributes investment data reports in the third week following the month
ended.
Acknowledgment: This summary report accurately reflects all pooled investments of
the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity
with State laws and the Investment Policy adopted by the Town Council. The
investment program herein summarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures,
Heidi McVeigh
cc: Town Treasurer
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Town of Tiburon
STAFF REPORT
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AGENDA ITEM
. . . . . . . . . . . . . . . . . . . , . . . . . . . ... '. . . . . . . . . . . . . . . . . . .
TO:
Mayor and Members of the Town Council
FROM:
Heidi Bigal!, Director of Administrative Services
SUBJECT:
Adopt Resolution Establishing an Investment Account with Smith
Barney and Authorizing the Town Manager and Director of
Administrative Services to Purchase Investments fu
February 4, 2004 REVIEWED BY:~
MEETING DATE:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Last fall the Town Council authorized the Town Manager to work with the Town Treasurer to
diversify the Town's investment portfolio to include Certificates of Deposits and Federal notes,
The Town invests its entire portfolio in the State of California Local Agency Investment Fund
(LAIF) which currently has a return of 1,545%, At the writing of this report the Town has $9,5
million invested with LAIF, The Town can achieve a better investment return by reinvesting a
portion funds on account with LAIF in longer term investments such as Certificates of Deposits
and short term Federal Agency paper.
In order to diversify the Town's investment portfolio, the Town Treasurer has recommended
that an account be established with SmithBarney Citigroup for the purpose of purchasing
investments on behalf of the Town and holding the investments in the Town's name for
safekeeping,
The Town Manager and Director of Administrative Services shall work with the Town Treasurer
and diversify the Town's portfolio, when market conditions warrant, and in compliance with the
Town's adopted investment policy (attached).
RECOMMENDATION
It is recommended that the Town Council adopt the attached Resolution authorizing the Town
Manager and Director of Administrative Services to establish an investment account with
Smith Barney Citigroup and to purchase investments on behalf of the Town upon the
recommendation of the Town Treasurer.
Attachments
"
,\
RESOLUTION NO. XX - 2004
e
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AUTHORIZING THE TOWN MANAGER AND
DIRECTOR OF ADMINISTRATIVE SERVICES TO ESTABLISH
AN INVESTMENT ACCOUNT WITH SMITH BARNEY CITIGROUP
FOR THE PURPOSE OF INVESTING TOWN FUNDS
WHEREAS, AlexD, Mcintyre, Town Manager and Heidi BigaU, Director
of Administrative Services are hereby authorized to establish an investment account(s)
with SmithBamey Citigroup for the purpose of diversifying the Town's investment
portfolio, and
WHEREAS, the Town Manager and Director of Administrative Services is
hereby authorized to sell, assigll and endorse for transfer, certificates representing stocks,
bonds, or other securities now registered or hereafter registered in the name of the Town
ofTiburon, a local governmental agency,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon on February 4, 2004, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
e
ABSENT:
COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
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(."
Town of Tiburon, Investment Policy Statement FY 2003-04
!l I. PURPOSE
This Policy sets forth the investment guidelines for the prudent
management of ail surplus funds of the Town of Tiburon,
Tiburon Redevelopment Agency and Tiburon Public Facilities
Financing Authority, It is the goal of this Policy to establish
investment objectives in accordance with the provisions of the
State of California Government Code Sections 53600 et seq" and
investment policy guidelines to ensure that funds under its
purview are prudently invested to preserve capital, provide
necessary liquidity and to achieve a rate of return consistent with
the Town's needs and objectives. Investments may be made as
authorized by this Investment Policy and subsequent revisions.
This Statement oflnvestment Policy shall be reviewed annually
by the Tiburon Town Council. The Town is therefore afforded a
broad range of investment opportunities if the investment is
deemed pmdent and is allowable under current legislation of the
State of California.
!lll. OBJECTIVES
The Town's cash management system is designed to accurately
monitor and forecast revenues and expenditures, thus enabling
the Town to invest these surplus funds to the fullest extent
possible, Surplus 1\Jllds shall be invested in accordance with
sound treasury management principles, State of California
Government Code Sections 53600 et. seq, and this Policy.
When investing, reinvesting, acquiring, selling and managing
Town funds, objectives for selecting investments, in priority of
order, are
I, Safety, The primary objective shall be to safeguard the
principal of the funds. The Town shall invest only in those
investments considered safe. Investment in instmmcnts and with
institutions permitted under Section 5. Investment Guidelines, arc
deemed to constitute safe investments within the meaning ofthis
Policy.
2, Li<luiditv, The secondary objective shall be to meet tbe
iiquidity needs of the Town, It is important that tbe portfolio
contain investments that provide flexibility and may easily be
sold with minimal risk of loss of principal or interest.
3, Yield, The third objective shall be to achieve a
reasonahle rate of return on the portfolio. The investment
portfolio shall be designed to attain safety and liquidity of
principal first, and thereatier attain a market rate ofrctunl that is
consistent with pOJ1folio design and Policy principles.
!l III.
PIUlDENCE
Town Council Members, The Tovvn Manager, Director of
Administrative Services and Town Treasurer, and any persons
authorized to make investment decisions on behalf of the Town,
are tTustees and therefore fiduciaries suhject to the Prudent
lnvestor Standard. When investing, reinvesting, acquiring,
selling and managing Town funds. a trustee shall act with
care, skill, prudence and diligence under the circumstances
then prevailing, that a prudent person acting in a like
capacity and familiarity with those matters would use in the
conduct of funds of a like character and with like aims to
safeguard the principal and to maintain the liquidity needs of
the Town (Government Code Section 53600,3)
The Prudent Investor Standard shall be applied in managing
an overall portfolio. lnvestment officers acting in
accordance with written procedures and the Investment
Policy and exercising due diligence shall be relieved of
personal responsibility for a particular security's credit risk
or market price changes, provided deviations from
expectations are reportcd in a timely fashion and appropriate
action is taken to control developments.
!lIV.
DELEGATION OF AUTHORITY
Authority to manage the Town's investment program IS
derived from approval of Town Council. Management
responsibility for the Town's cash management systems and
investments are delegatcd to the Town Manager and
Director of Administrative Services. No person may engage
in an investment transaction except as provided under the
terms of this Investment Policy Statement and procedures
established by the Town Council.
!lV.
INVESTM~;NT GUmELIN~;S
Investments arc to be made in high quality securities or
instruments as permitted by the Government Code and
subject to the Limitations of this Investment Policy.
^. Eligihle securities for investment s11<.111 indude the
following:
1. U.S. Treasurv Securities. United States Treasury
notes, bonds, strips, bills or certificates ofindeb1edness, or
obligations for which tbe full faith and credit of the U,S,
Government are pledged for the timely payment of principle
and interest.
2. Federal Auencies and U.S. Government Soonsored
Entemrises. Obligations, participations, or other
instruments of or issued by a federal agency or federal
government sponsored enterprise. This includes, and is not
restricted to, obligations of the: Federal Home Loan Bank
(FHLB), Federal Home Loan MOligagc Corporation
(FHLMC), Federal National Mortgage Association
(FNMA). Federal Farm Credit Bank (FFCIl), Government
National Mortgage Association (GNMA), Small Business
Administration (SBA),Export-lmport Flaok of the United
States, and the U.S. Department of Housing and Urban
Development.
Town of Tiburon, Investment Policy Statement FY 2003-04
"
3, State of California and Local Agencv Obligations,
Registered State warrants, Treasury notes, or bonds of the State
of Calilomia, and bonds, notes, warrants or other evidence of
indehtedness of any local agency of the Slate (induding honds
payable solely out of revenues from a revenue producing
property or asset oymed, controlled, or operated by the State or
local agency, or hy a department, hoard, agency or authority of
the State or local agency.) Such obligations must be rated AI,
S.P-l, its equivalent or higher short term, or "A" or higher long
term, by a nationally recognized rating agency.
4. Commercial Paner. Commercial paper of "prime"
quality rated AI/PI or higher by Moody's Investor Services, Inc,
Or Standard & Poor's Corporation, Eligible paper is further
limited to issuing corporations that: (a) arc organized within the
United States, (b) have total assets in excess of live hundred
million dollars ($500,000,000), and have a long term debt rating
of"A" or higher.
5. NCl!otiable Certificates of DCDosit. Negotiable
certificates of deposit issued by a nationally or state-chartered
bank or savings association, or federal association, or a state or
federal credit union, or by a state-licensed branch of a foreign
bank carrying an indIvidual rating of at least BIC by the
Thompson Bank Watch or IBCA rating services, a shOl1 term
debt rating of A liP I or higher, and a long term deht rating of "A"
or higher.
6 Monev Market Funds, Shares of beneficial interest
issued by diversified management companies as authorized by
Calilornia Government Code Section 53635(j),
U, State Local Agency Investment Fund (LA IF), The
Town may invest all or a portion of its investments, up to the
State-mandated maximum, in LAIF pursuant to California
Government Section 16429.1.
c. Diversity and Maturity Guidelines:
Maximum Maximum Maximum
Type of Investment 'Yo of lX, of onc Maturity
Portfolio issucr
U,S, Treasury 100 100 5 years
SeCllrities
Federal Agencies and 65 20 5 years
U,S, GSEs
Conmlcrcial Paper 15 5 270 days
Negotiable Certilicates 25 5 3 years
of Deposit
Money Market Funds 15 15 N/A
State LAIF 100 100 N/A
!i VI, REPORTING
Within thirty (30) days Jollowmg the end of each goartcr
Starr shall render a rcport to the TOWIl Council. which shall
include the following information
I. A portfolio appraisal that includes the type of
investment, issuer, date of maturity, par and dollar amount
invested 1()f all securities and investments of the Town, and
shall additionally include a description of any Town monies
that arc undcr the managemcnt of any outside partics.
2. The current market value, as of the report date, of
all investments, as well as the source ofthis same valuation.
3. A statement ofthe status orthe compliance (or 11011-
compliance) of the portfoiio to this Investment Policy
Statement.
4. ^ statement denoting the ability (or inahi1ity)ofthc
Town to meet its expenditure requirements for the next six
(6) months,
For investments placed in LAIF, a bank, or savings and loan
association, the most recent statements received by the
Town from the institution may suffice in lieu of the
requirements listed above.
~ VII, SAFEKEEPING AND DELIVERY OF
SEClJRITIES
All transactions shall be executed on a Deliver versus
Payment (DVP) basis. To protect against potential fraud or
embezzlement, the assets of the Town shall he held in
safekeeping by the Town's safe keeping agent, or secured
through third-party custody and safekeeping procedures
pursuant to the limitations set forth in Government Code
Section 53608. These procedures will he reviewed annually
hy an external auditor. All investments arc 10 be held in the
name ofthc Town of Tiburon.
2
(
7. Recommendation by Director of Administrative Services - Authorization to modify
Town Investment Practice
Director of Administrative Services McVcigh stated that each year the Council adopts an
Investment Policy, which delegates managemcnt to thc Town Managcr to managc the Town's
invcstmcnt program, Thc objcctive is to ensure that funds are prudently invcstcd, provide
nccessary liquidity, and obtain a reasonablc retum, The Town currently has $9 million invcstcd
with the Local Agency Investment Fund (LAlF) at a currcnt intcrcst rate of 1,6%, Due to thc
steady declinc of LAIF's invcstmcnt yield, the Council Finance and Administration Committce
met with the Town's Trcasurcr, Manager, and Director of Administrative Scrviccs to discuss
invcstmcnt options, Thc Town Treasurer has recommended invcsting in Federal National
Mortgagc Association (FNMA) notes and Certificate of Dcposits (CDs), Therefore, it was
recommcndcd that thc Council authorize the Town Manager to work with thc Town Trcasurer to
diversify thc Town's investment portfolio in compliance with the Town's adopted Investment
Policy,
Town Trcasurcr Oshcr summarizcd the Town's financial portf,)lio and options availablc,
explaining how the Town's money was currcntly invested, how the fund was run, and how the
rcturns were gained, In his opinion, some of thc money should be invcstcd long-tcnn with a
bctter yield since short-tcnn rates will not go up until federal interest rates are raised, AIier
exploring investment options, his recommendation was that some of the money be invcstcd in
CD's ($100,000 or lcss pcr invcstment) and-short term agency securities when the markct is
right.
Mayor Slavitz opencd thc public hcaring,
A mcmbcr of thc public commentcd in support of the proposal.
Mayor Slavitz closed thc public hcaring.
MOTION:
To authorize the, Town Managcr and Treasurcr to implement thc stratcgy of
reinvesting the Town's investment portfolio when the timc is right.
Thompson, seconded by Gram
AYES: Unanimous '
-----3>
Movcd:
Vote:
PUBLIC HEARING
8, Appeal of l)esign Review Board Decision - Approval of additions to single family homc
with variances at 425 Virginia Drive
Assistant Planncr Lynch statcd that on August 7, 2003, the Tiburon Design Rcview Board
conditionally approvcd the Gavros' Design Review application, Subscqucntly, two scparatc
appeals werc filcd by neighboring property owners Gayc and Francois Varnay, and Wayne Snow,
Thcrcforc, hc rccommended that thc appeals bc considcrcd scparately on their own merits, Town
Town Crnllldl Mil1/1les 1I/6-](}(}3
St'!'fem/!cr ! 7. ]()()3
/'age 6
"
e
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TOWN CLERK DIANE CRANE IACOPI
APPOINTMENTS TO TOWN BOARDS, COMMISSIONS &EEES
February 4, 2004 REVIEWED BY: "
,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
"
Town of Tiburon
STAFF REPORT
AGENDA ITEM ~
. . . . . . . . . . . . . . . . . . . . . . J. . . . . . .
TO:
MAYOR FREDERICKS AND MEMBERS OF THE TOWN COUNCIL
FROM:
SUBJECT:
MEETING DATE:
BACKGROUND
A) Reappointment of Commissioners who have served less than two years
Pursuant to Town Council Resolution No, 3263 [Appointments Rrocedure], the Town Council
can reappoint any board or commission member whose term is set to expire in any given year
as long as they have served less than two years and have indicated their interest in writing to
the Town (Exhibit A),
The terms of the following board and commission members are set to expire at the end of
February 2004; all have expressed interest in continuing to serve on their respective boards and
commissions (Exhibit B):
. Planning Commission - Dick Collins
. Design Review Board - Emmett O'Donnell
. Heritage & Arts Commission - Patricia Navone
. Jt. Recreation Committee - Tara Sullivan
B) Reappointment of other Commissioners whose terms are expiring on 2/29/04
Parks & Open Space Commissioner Margo Zender's term is expiring at the end of February,
Ms, Zender is on her third term on the Commission and continues to be actively involved with
projects such as the Playground Fund at South Knoll Park. She has indicated to the Town in
writing her interest in reappointment to another term.
C) Pending Vacancies on Town Boards, Commissions and Committees
The are two pending vacancies due to the Council's recent appointments to the Planning
Commission:
. Parks & Open Space Commission (formerly Jim Fraser)
. Design Review Board (formerly John Kunzweiler)
STAFF REPORT
.
.
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Town of Tiburon
Mr. Jim Hel1llann and Ms, Liz Bird (Exhibit D) have applied to fill these vacancies,
The Town Council has the option of appointing any previous applicant to a Board or
Commission without again going through the formal interview process,
Mr, Hermann was interviewed previoLlsly by the Council on January 7, 2004 and in September
2002; however, the Town Council must interview Ms. Bird and this interview has been
scheduled for February 18, 2004, The Council can also re-interview Mr. Hermann, if it chooses
to do so,
*****************
There are two pending vacancies on the Belvedere- Tiburon Library Agency Board of Directors.
The incumbent who is eligible for reappointment (Victoria Fong) has expressed her interest in
serving a second term, The other Boardmember (Lynn Barr) is not eligible for reappointment at
this time due to term limits set by the Agency,
No Council action is required at this time; the Library Agency By-Laws require an additional
notice period (in April) prior to making an appointment. '
e
********************...****
Finally, the Town was recently informed of a vacancy on the Tiburon-Hilarita Ecumenical
Association Board of Directors, Hank Bruce, who had been the Town's representative to the
Board for many years, stepped down in December, Mr, Michael Heckmann was recommended
by the Rotary Club to take Mr. Bruce's place and has already begun attending board meetings,
According to the Hilarita By-laws (Exhibit E), the Town is required to a representative to the
Board, Although the Council may indeed appoint Mr, Heckmann to be its representative, the
position must first be published and advertised to the community, according to the Council
appointments procedure,
The Town Clerk will prepare a Notice of Special Vacancy for this position,
*******************************
D) Appointment of Council Representative to Chamber of Commerce Committee on
Downtown Economic Development '
The Council heard a presentation on this subject at the Annual Chamber/Council Breakfast
Meeting on January 21, 2004,
.
January 30, 200.
page 2 of 3
Town of Tiburon
STAFF REPORT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
RECOMMENDATION
A) That the Council, by Motion, reappoint the Commissioners who have served less
than two years;
B) That the Council, by Motion, reappoint Margo Zender to the Parks & Open Space
Commission;
C) That the Council, by Motion, appoint Jim Hermann to the Parks & Open Space
Commission, or continue the matter of further appointments to its February 18, 2004
regular meeting;
D) That the Council, by Motion, appoint a representative to the Chamber of Commerce
Downtown Economic Development Committee,
EXHIBITS
. Excerpt from Resolution No, 3263
. Letters from Commissioners seeking reappointment
. Letter of Interest from Jim Hermann/Application from Liz Bird
. Excerpt from Hilarita By-Laws
H:Dcrane/WpdocsIBoardsl2004 Appointments Staff Report.doc
January 30, 200,
page 3 of 3
2, Effective January I, 1998, thc terms of all members of all boards, commissions,
and committees who serve for a fixed term shall expire on February 28 (or February 29 in the
event of a leap ycar) of the year in which their term is currently set to expire and thereafter the
terms of all members appointed to fill scheduled vacancies on such boards, commissions and
comrnittces shall commence on March I of their first ycar and terminate four years later, cin
February 28 (or February 29 in thc event ofa leap ycar),
3, Effective January 1,1998, schedulcd vacancies on thc Town's boards,
commissions and committees shall be ,filled according to the following procedure:
A. No later than January 2 of each year, the Town Clcrk shall send a Notice
of Pending Vacancies to the Ark and Marin Independent Journal newspapers with a request for
publication. The notice shall describe the open positions that will become vacant on March I of
that year and any necessary qualifications for such positions and shall establish an opening and
closing period for submission oflctters of interest and/or resumcs. The Pending Vacancies shall
also be announced by the Town Council at its first meeting in January,
~'
B, Any incumbent whose term will expire in February ofthat year who
desires rcappointment to their position shall so indicate in writing prior to the end of the closing
period established in the Notice of Pending Vacancies, Within thrce weeks of the closing pcriod
set forth in the Notice of Pending Vacancies, the Town shall agendize applicant interviews beforc
the Town Council. Thc applicants' letters of interest and/or rcsumes shall be included in the
agenda packet. The Council may elect not to re-interview anY2jJplicant who has been previously
interviewed for serVicc on a Town board, commission, or committee and/or the incumbcnt the
cxpiration of whosc term will create the vacancy; such an applicant Or incumbent~1 remain
efigmie'fiii'1he appointment (il'I'llieDiiSiS'OfTheifjJrior IntervIew and/or their prior service on a,
lawn board, commIssIOn, or committee. After holding the intcrvlews, the Council may, Jor cach
of the vacancies (i) elect to hold a second interview of one or more applicants before making a
final appointment; (ii) appoint an applicant to the open position; or (iii) rcappoint the incumbent
the expiration of whose term created the vacancy.
*
C, Notwithstanding the forcgoing, in thc event that the incumbent whosc tcrm
is expiring has held thcir position for less than two years, the Council may elect to reappoint that
person to a full term, omitting ilie above-descnoed notice, advertising and intcrviewing
pr6ccdure with respect to that poslllOn.
4. Schedulcd vacancies which occur prior to January I, 1998 shall be filled
according to the following procedure:
A, Thirty days prior to the scheduled cxpiration of a term on a Town board,
commission or committee, Town staff shall send a Notice of Pending Vacancy to the Ark and
Marin Independent Journal newspapers with a request for publication, Thc noticc shall dcscribc
the open position and any necessary qualifications for thc position and shall establish an opening
and closing period for submission of letters of interest and/or resumes.
Resolution No, 3263 - Appointments Procedure' 2
2-''1 kciJA,j 11-
,-
Diane Crane lacopi
From:
Sent:
To:
Cc:
Subject:
(Tiburon Planning Commission) Richard Collins
Monday, January 12, 2004 8:18 AM
Diane Crane lacopi '
Scott Anderson
Town of Tiburon Planning Commission
Dear Diane:
In reponse to your letter of January 8, 2004, I have enjoyed serving on both
the Town's Design Review Board and more recently, as a member of the Town's
Planning Commission. By this email to you I am confirming that I would be
pleased to be considered for reappointment to the Town's Planning Commission for
another four-tear term. I would appreciate it if you would so inform the Town
Counci.l.
Thank you,
Dick Collins
C~~
1"5'
relet,; I VI I
Diane Crane lacopi
From: Bill Teiser [wteiser@earthlink,netj
Sent: Friday, January 16,20048:37 AM
To: Crane lacopi, Diane
Subject: DRB Appointment
Diane:
Thank you for your letter of January 8, 2004, informing me of the Town Council Resolution No, 3263
(("Appointments Procedure"),
This e-mail is to confirm my interest in bcing reappointed to another four-year term on the Town of
Tiburon Dcsign Review Board,
I would like to state my appreciation of the excellent work and professionalism of the Town
Staff, specifically Scott Anderson, Dan Watrous, Peter Lynch and Connie Cashman, I also apprcciate
serving on the Board with such conscientious and dedicated citizens ofTiburon, whose judgment and
opinions I respect.
Regards,
Bill Teiser
;. ~t f
01/16/2004
Diane Crane lacopi
From:
Sent:
To:
Subject:
Emmett O'Donnell [Emmett@vikingind,com]
Tuesday, January 13, 2004 3:40 PM
dcrane@ci,tiburon,ca,us
DRB reappointment
Diane,
Thanks for your lette.r of January 8.
This e-mail is to confirm that I would like to be reappointed to the Design Review Board
for another term starting February 2004.
If you have any questions, please don't hesitate to call (925-427-2518 - work and 415-889-
4075 - home) or e-mail me.
Thanks,
Emmett O'Donnell
.3 Itl J
Diane Crane lacopi
From:
Sent:
To:
Subject:
PNavone@pacunion,com
Friday, January 16, 2004 7:17 PM
dcrane@ci,tiburon,ca,us
Heritage and Arts Commission
Di.ane,
Thank you for your lette'y,' letting me know that IllY term on the Heritage and Arts Conunission
is due to expire at the end of February 2004. This is my confirmation that yes, I ant
enthusiastically commited to serving another four year te,r.m.
Thank you for advising the Town Council on my beha.lf, Diane.
Sincer.ely,
Patricia Navone
L/otr:-
FROM: Panasonlc FAX ,(STEM
Ul1deli....erahlt:: JI. I{Cl'.I.:(lllllnilll'C Hl'.<\npoinllnl'.n1
PHONE NO.
Subject: lIn,lclivcrHble: ,It. Rcc Committee Reappointment
J)HtC: Mon. 12 Jail 20()4 20:02:50 -0800
From: System ^dlllini,lralor <posIlllaster@ci,lihuron,ca,us>
To: jiml<lralilJpachcll,nct
'fOUt Il\~!;~~"Jlj"
'1'u:
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Subjc::<:t.:
SerlL:
~"J,: :",:J fill (.) (~i . t., i h\l ['on. (,.;;;, . liS
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,:[.. rlf.I' Cnm.mittee K(;>,.;ippointment
h1()n, 1;': <,L.n"1 2004 17:16;;n -(lIH)U
did not I'8,'IC:h t".tIC fr)ll()"wi,ng r.ccipient (s):
dcrane@(;.,i"t.i.huLOIl.(:B,.l).'5 on Man, 12 Jan ?004 20:02:46 -0800
The rccipi'=llt (l-3mf: ,i::; not r:~cogniz~d
Th;:: M'T'S".ID of Lh8 original message is: c-us;a'~
IP=tiburon,l=NTSFRV04011J0402C59S85QB
MSf,XCH: 1M": TibuI'<)r" TTBURON: N'fSERV 0 (OOOCOoA6) Unknown
,_._..._-....,-~~".._..
Subject: .It. Rec Committee Reappointmeot
Datc: MOil, 12 Jan 2004 17: 16:27 -0800
From: Jim Horan and Tara Sullivan <jimtara@pacbell.net>
To: dcranc@ci.tiburon,ca,us
CC: Barbara Creamer <director@btrecreation.org>
H/7//.
Recj,pient.
Jan. 13 2004 12:20PM PI
/) I /11'./ !:~-
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Dian~ - Thank~ ror your letter and yes, I would like to continue
on the Jt. R,="creation Committee. Should you need any additional
informatJon - pl~as~ let me ~n0w. Be3t, Tara
loft
servinq
'1.2'
stir-
111312004 10:54 AM
January 8, 2004
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Town of Tibunm. 1505 Tihuron Buuleva.rd. TihuTIlII, CA 94920.1'.4] SA35.7;.73 E 41S.435.243H . www.rihuron.org
Office ofTown Clerk Diane Crane l.copi/415-435-7377
Ms, Margo Zender
652 Hilary Drive
Tiburon, CA 94920
To in,':,~,G ram
COUl'icilmemher
SUBJECT: TERM EXPIRATION - PARKS & OPEN SPACE COMMISSION
. . . ';"'~!:"~'~">~.. .
:;,~-;-\': ;,'";' ;,::
jeff':SLa;Jii:z
C(;un~ilm'enlhcr
Dear Margo:
.. .:;:';'.:,:;'.;,.,.:.::-,...
The Town Council will conduct interviews in February 2004 to fill vacancies on
Town Boards and Commissions for terms expiring in the New Year, According to our
records, your term on the Parks & Open Space Commission will expire at the end of
February,
Paul:Srriith
CouilCihrieni'h(:l
Pursuant to Town Council Resolution No, 3263 ("Appointments Procedure"),
you are required to confirm in writing (an e-mail will suffice) whether or not you are
interested in being considered for reappointment to another, four-year term, If you are,
I will advise the Town Council accordingly !'Ind they will be able to act upon your
decision in a timely manner.
. "1,
\,.,."
The Town of Tiburon has certainly benefited from the time, energy and effort
that you have spent during your tenure on the Board, We appreciate your dedication
and service tO,the Tiburon community,
,~~ ,
. "."
Very tr,1 ,~ur 7, ~
! / 0' '? ?/, .
;'~ r~ <'.<J,d..f
Diane Crane lacopi
Town Clerk
e-mail =dcrane@ci.tiburon.ca.us
cc:
Town Manager Mcintyre
Town Engineer Echols
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Diane Crane lacopi
From: Jim Hermann [hermannjim@hotmail.com]
Sent: Wednesday, January 28, 2004 10:07 PM
To: 'Diane Crane lacopi'
Subject: Commission Application
Diane,
Please accept this email as my formal request to be considered for the opening on the Parks and Open Space
Commission, As I have expressed in several previous applications for commission openings, I am committed to
contributing to the town of Tiburon and I would look forward to serving my community, Since I believe that the
town council, at this point, is very familiar with my background, I will not repeat my qualifications, However, I do
want to express a sincere interest in this commission opening,
Best Regards,
Jim Hermann
415-435-4563
01119/2004
G~.j
I:J
'FROM
FAX NO,
Jan, 292004 01:10PM PI
A+t ~ blone.
-
Instructions and Application to Serve on a Town Board.
Commission or Committee
The Town Council considers appointments to variouS Town boards,
commissions and committees throughout the year due to term expirations and
unforesecn "acancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and acti"ities, the Council needs to know your
interest in serving the Town in some capacity. .
Please indicate your specific areas ofinterest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copics of the application will be forwarded to the Town Council aDd an
informal interview will be scheduled when a vacancy occurS. Your application will
remain on file at Town HaU for a period of one (1) year.
Thank you for your willingness to serve tbe Tiburon community.
Diane Crane Iacopi
Town Clerk
. * * * * * * * . * * + * * . . * * * * * * * * * * * * * * . * . * . . . * . * * * * * * * *
AREAS OF INTEREST
PI~lIst lndiwe Your Artn(ll) of Interctl in Numcri~ Ontu
(#1 BeinE the Grcat(1l;t Intt:r~lI't)
PLANNING 2.-- PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
LmRARY MARIN COMMISSION ON AGING
BICYCLEIPEDESTRIAN ADVISORY COMMITTEE '
1
C->L~
i"d
FROl1
FAX I,D,
Jen, 292004 01:11PM P2
PERSONAL DATA
Only computer-generated or typewritten copy wIll be acc~ptcd;
AttAch separate pages, including rCSumes and cover letters, if necessary
NAME: L/1/ is'Y''J
MAiLING ADDRESS: Z.ZOr; P!AY-~\S& DY', Ili~uroYl .. 01
TELEPHONE: Home:71?'1-i/ q I Work: ~Z3-(,,'731 Fax No. 7gq. JI C,O
PROPERTY OWNERS' ASSOC. (l1.ppli<Able) L-C 0 mA (secrdGlv'i)
TIBURON RESIDENT: IV__) 4- DA IE SUBMITTED: I '2. q , 0 Lf
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
--rt1is is ~ lNO~ +0 COYv1b,~-e. YY\~ d~I;e +t:> be. pav+ of-rhe
+owY) ~ovnY"Y\eV'\t Clnol VVI'j lV1h~.yeSt .'v) o.Ll #'In,:/; to do WltLo
-the d('$lvY ~e.S-'fi"eJlc.-S of Ol>Y C{!lVVlVV\(JYlI ~
APPLICABLE QUALIFICA no
AND EXPERIENCE
----
My background is in the arts; I have a SA in Film from New York University and
worked for twelve years as a film editor. I have restored two of the homes our
family has lived in to their original authentic glory and have commitment to
preserving the integrity of the town's historical look, I also feel that my
enthusiasm and diplomatic nature in dealing With the community will make me an
asset to the Design Review Boald
____________________-- Town Ball Use -------------------
Date Application Received: I. J- ,- , 'I
Interview Date;
J....I f'-, 'I
Appointed to:
(Commission, Board or Committee)
(Date)
Date Term Expires:
Length ofTerlll:
2
FROM LA Wurl/Accountlng For You
FA~: NO.
415 381 2555
Jan, 14 2004 10: 01AM PI
"-
b. Three (3) shall be members or the congreuation of the 5t,
Stephen's Church (Episcopal) of Belvedere, whc, have the
approval of the governing body of said congrecatlon;
c, Three (3) shall be members of the congreqa tion of the
Westminster Presbyterian Church of Tiburon, w~o have the
approval of the governing body of said congrBc'ation;
d. One (1) shall be a member appointed by the City of Tiburon
City Council: and
v"-
e. One (1) shall be a member appointed at-li,rge by the:
members appointed by the Conununity Congregatic,nal Church, St.
Stephe~ s Church (Episcopal), Westminster Prel~yterian Church,
and the Town of Tiburon.
In the event that a director of the Corporatic'n elected by the
Hilarlta Residents Assoclation ceases to be a resi~ent of The
Hilarita Apartments: or, if the aforesaid approval of the Hllarita
Residents Association or the Organizations is withc'.rawn, then, in
either event, such shall constitute automatic resicnacion as a
director of the Corporation,
-'
Seccion 6,04, Eleccion and Term of Office. At eac', annual meecing,
the Board of Dlrectors may consist of eleven direct~rs selected by
the Organizations, six (6) directors-elected by thE residents
through an election to be conducted by the Hilarit~, Residents
Association, or if no longer active, by the residerts, and one (1)
ex officio director who is president of the Hilarita Residents
Association, or if no longer active, elected by thE, residents, All
directors thereafter will serve staggered two-year terms,
At each annual meeting, the Board of Director" will be elected
in the following manner:
a. The Organizations shall designate six (5) or five (5), as
applicable for staggered terms, directors who shal~ meet the
eligibillty qualifications set out in Section 6,03,
b. The Hilarita Residents Association will Cr)nduct an election
at which three (3) resident board members will be :;elected for
seating at the annual meeting. The president of th" Hllarita
Residents Association shall be an ex-officio direcl:or of the board
of this Corporation,
'-
4
Z'X-UJ- C
e
e
e
Town of Tiburon
STAFF REPORT
5
AGENDA ITEM
. . . . . . . ., . .: -........ .. . . . . . .. . . . . . . . . . . .. . . . . .
TO:
Mayor and Members of the Town Council
FROM:
David M. Hutton, Lieutenant
SUBJECT:
2003 Tiburon Police Department Annual Report
MEETING DATE: February 4, 2004
REVIEWED BY:
. . . . . . . . . . . . . . . . . . . .
BACKGROUND
In 2003, the Tiburon Police Department was asked to prepare an Annual Report
for the Town Council summarizing the year's events within the Department and
events that occurred of interest within the community. A presentation will be
made by Chief Odetto and me for the Town Council during their meeting of .
February 4, 2004, recounting the individual sections and key areas in the report.
In preparation for this presentation, I have prepared a copy of the report to be
presented to the Council in their Council Packets. This copy is in black and white
only as the final copy, which is in color, is currently in preparation at the printers
to be presented to the Council at the February 4th meeting.
January 30, 2004
1 of 1
e
e
e
TOWN OF TIBURON
STAFF REpORT
~
ITEM NO,
To:
From:
Subject:
Date:
MAYOR AND TOWN COUNCIL
ANN R. DANFORTH, TOWN ATTORNEY
BAN ON PERSONAL WATERCRAFT USE IN TOWN WATERS
February 4, 2004
BACKGROUND AND ANALYSIS
The proposed ordinance would ban motorized personal watercraft in Town waters, On January 212,
2004, the Council held its first hearing on the ordinance. After considering public testimony, the
Council decided to expand the ordinance's defmition of "personal watercraft" to clarify that the ban
would apply to vessels operated by more than one person. Thereafter, the Council introduced the
ordinance and unanimously passed its first reading,
For the Council's convenience, we attach a copy of the January 21" staff report, which further
explains the background and purpose of the ordinance, We also include "late mail" materials
submitted after the preparation of the January 21 st Council packet or at that meeting, We have not
included the voluminous exhibits to the January 21 st staff report, Additional copies of those
materials are available upon request.
RECOMMENDATION
Staff recommends that the Council:
1, Conduct a public hearing on the proposed new ordinance;
2, By motion, read the ordinance by title only; and
3, Pass second reading and adopt the ordinance by roll call vote,
EXHIBITS
Draft Ordinance
Staff Report of January 21,2004
Latc Mail from January 21. 2004
Correspondence Submitted on January 21, 2004
ORDINANCE NO.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON ADDING CHAPTER 33 TO THE TIBURON MUNICIPAL
CODE PERTAINING TO THE REGULATION OF MOTORIZED
,PERSONAL WATERCRAFT WITHIN ALL SHORELINE WATERS
AND ESTUARIES OF THE TOWN OF TIBURON
, The Town Council of the Town of Tiburon does hereby ordain:
'SECTION I: LEGISLATIVE FINDINGS
A. In 1999, the Board of Supervisors of Marin County adopted Ordinance No.
3303, This Ordinance, among other things, banned the use and operation of
motorized personal watercraft ("PWC") in waters under the County's
jurisdiction,
B, In adopting the ban on PWC, the County relied on numerous findings of fact,
including, without limitation, the following:
1, The following organizations have adopted total or partial bans of
motorized personal watercraft to protect wildlife resources: the National
Oceanic and Atmospheric Administration (Gulf of the Farallones
National Marine Sanctuary); the Monterey Bay National Marine
Sanctuary; the PI. Reyes National Seashore and the Golden Gate
National Recreation Area.
2, These regulations were all adopted following public comment processes
that resulted in extensive findings by the Agency with respect to the
numerous and significant adverse affects PWC have on peopie, wildlife
and the environment generally, For example, following the adoption of
Regulations by the Monterey Bay National Marine Sanctuary, the
S:\AdministrationIStaff FoldersladanforthlOrdinanceslPers. Water Craft ban.doc
1
Personal Watercraft Industry Association sued the National Oceanic and
Atmospheric Administration ("NOAA"), which promulgated the
Regulation. In upholding the Regulation, the federal Court of Appeal for
the D.C, Circuit noted:
The record is full of evidence that machines of this sort threatened
the Monterey Bay National Marine Sanctuary, NOAA received
written comments and testimony from marine scientists,
researchers, federal agencies, state agencies; state and local
governments, business organizations, and more than a hundred
citizens on the issue of regulating these machines, Everyone
agreed-personal watercraft interfered with the public's recreational
safety and enjoyment of the Sanctuary and posed a serious threat
to the Sanctuary's flora and fauna. The concept of a "sanctuary"
entails elements of serenity, peace, and tranquility, Yet the
commenter described instances of personal watercraft operators
harassing sea otters and other marine mammals, disturbing harbor
seals, damaging the Sanctuary's kelp forests, menacing swimmers,
divers, kayakers, and other recreational users, and generally
disrupting the esthetic enjoyment of the Sanctuary, All concerned
recommended either prohibiting personal watercraft outright or
restricting them to specific areas in the Sanctuary. No one urged
NOAA to do nothing about the problem,
3, Similarly, the proposed Rule for the Gulf of the Farallones National
Marine Sanctuary is buttressed by numerous studies and comments, A
portion of the background for the proposed Rule is especially on point:
The nearshore waters of the Sanctuary are particularly vulnerable
areas where myriad marine invertebrates and algae reside, where
bird rookeries and pinniped haulout sites are present, where many
critical nursery and food source habitats for wildlife are located, and
where many nearshore users of the Sanctuary's water tend to
concentrate, The nearshore waters of the Sanctuary are also those
areas most impacted by the operation of MPWC, Lawson's Landing,
a current MPWC launch site, is situated at the largest pinniped
haulout in Tomales Bay, and is also within a quarter mile of Walker
Creek delta, where the highest concentration of wading and shore
birds occurs in the Sanctuary, and where sea otters have been
regularly observed,
S:\AdministrationIStaff Foldersladanforth\OrdinancesIPers. Water Craft ban. doc
2
The nearshore waters of the Sanctuary are the areas most heavily
used for recreation, canoeing, rowing, kyaking and swimming,
These activities are often conducted very close to shore and may be
dependent on calm waters, The ability of MPWC to go very close to
shore (due to their shallow draft) and move in unpredictable ways
may be detrimental to the safety and aesthetic experience of those
conducting these more benign recreational activities, NOAA
believes that MPWC operation in nearshore areas creates a user
conflict that can be avoided by keeping MPWC offshore.
4. In adopting a complete ban on PWC, the GGNRA also made extensive
findings, However, these were summarized succinctly as follows:
This prohibition is necessary to prevent adverse impacts and
disturbance to wildlife such was waterfowl, sea birds and
marine mammals. The loud, high speed nature and
maneuverability of personal watercraft creates impacts to
wildlife including interruption of activity, alarm and flights;
avoidance and displacement; interference with movement;
alteration of behavior; and nest abandonment.
This prohibition is also necessary to avoid conflict with other
visitor uses such as fishing, boating, kayaking, and
boardsailing, The loud engine pitch and volume of noise are
also disturbing to park visitors and intrude upon the
opportunity for a quiet, peaceful park experience.
The degradation of water quality due to unburned fuel emissions
(sic) from the two-stroke engines,is also a concern,
5. The situation is just as critical on Marin County's eastern shoreline, The
eastern shoreline of Marin County stretches from Sausalito's boundary
with the Golden Gate National Recreation Area to the mouth of the
Petaluma River. This area combines a remarkable amount of nature
with cities and recreation, It is a favorite spot for hikers, kayakers,
sailors, birdwatchers, bicyclists, and others to enjoy the outdoors,
People from all over the world visit to view the unique and beautiful
shoreline, Along with being a mecca for tourists and outdoor
S:\AdministrationlStaff FoldersladanforthlOrdinanceslPers. Water Craft ban. doc
3
enthusiasts, the Marin shore hosts numerous important habitats for
endangered, threatened, and sensitive species, The California
Department of Fish and Game has identified seven environmental sites
of concern along this section of the shoreline, These are 1) The
Richardson Bay Marshes; 2) Paradise Cove; 3) The Corte Madera
Marshes; 4) The Marin Islands; 5) The McNear's Beach Salt Marshes;
6) The China Camp Marsh; and 7) The Petaluma River Marshes,
Among the several species of concern in these areas, several are listed
as either endangered or threatened, These include the Brown Pelican;
the Salt Harvest Mouse; the California Clapper Rail; the Snowy Plover;
the Peregrine Falcon and the California Least Tern.
Wildlife biologists throughout North America have testified on the
existing and potential impacts of personal watercraft on birds, marine
mammals and fish, PWC pose a unique threat to wildlife and wilderness
areas because they are multiple impact machines,
Because PWC's discharge tremendous amounts of unburned fuel and
oil containing carcinogens and reproductive toxins, the raw emissions
from this craft threaten to seriously damage aquatic ecosystems, and
the wildlife that live within them,
PWC's are also a physical threat to wildlife because they:
. typically travel at high speeds
. can travel at high speeds in shallow water near islands and sensitive
habitats
S:\.AdministrationIStaff Folders\adanforthIOrdinances\Pers, Water Craft ban.doc
4
. regularly change direction and speed without warning
. emit high-pitched whining sounds
. lack low-frequency, long-distance subsurface sound which would
allow wildlife enough time to avoid collisions
. change pitch and sound level with every maneuver
Numerous studies reveal that "behavior habituation" to inconsistent stimuli,
such as constantly changing noise or a highly maneuverable object, often
does not occur. Richard Osborne, the Curator of Science Services at The
Whale Museum on San Juan Island, believes that "it is doubtful that marine
birds and mammals would ever be able to habituate to, or adopt to this
characteristic of PWCs."
6, Personal watercraft (PWC) are responsible for dumping approximately
44 million pounds of hydrocarbon pollution into US waters every year-
the volume equivalent of over four Exxon Valdez spills,
. Two-stroke engines operate on a mixture of gasoline and oil,
discharging 25% - 30% of this mixture unburned into the water,
. An average two-hour ride on a PWC may dump three gallons of gas
and oil into the water.
. The California Air Resources Board reports that a seven hour ride on
a 100 horsepower PWC emits the same amount of pollution as
driving more than 100,000 miles in a 1998 passenger car.
Studies from the University of California at Davis and other large
universities demonstrate that the pollution from the marine two-
S:lAdministrationlStaff FoldersladanfonhlOrdinanceslPers. Water Craft ban. doc
5
stroke motors is a serious threat to the environment. This includes
threats to:
. Human health due to pollution of drinking water
. Fish populations (studies show enzymatic disturbances,
genotoxicological effects and reproductive disturbances to trout,
salmon and herring)
. Zooplankton populations at the base of the aquatic food chain
7, Motorized personal watercraft use two-stroke internal combustion
engines, which run on a mixture of oil and gasoline, to power a jet pump,
The significant adverse effects of two-stroke engines to water quality,
and the corresponding impact on aquatic organisms is well-documented.
C, The Town Council of the Town of Tiburon agrees with the County's findings, as
set forth above and in the record of Ordinance No, 3303, The Council further
adopts by reference those findings and record as if set forth in full herein.
D, The County has asked the Town to adopt a PWC prohibition similar to the
County's, This would facilitate the County's enforcement of its own ordinance
and promote consistent regulation of shoreline areas in the region,
E, As an independent basis for banning PWCs, the Council notes that the Town's
jurisdiction includes highly sensitive shoreline on Richardson Bay and San
Francisco Bay. The value of the wildlife resources is documented throughout
the record, The Council finds that the shoreline areas within the Town's
jurisdiction are home to resources and uses similar to those in the County, the
Gulf of the Farallones National Marine Sanctuary, the Monterey Bay National
S:\Administration\Staff Folders\adanforthIOrdinancesIPers. Water Craft ban. doc
6
Marine Sanctuary, the Pt. Reyes National Seashore and the Golden Gate
National Recreation Area. It follows that the Town's resources and uses face
similar impacts from PWCs.
F, The Audubon Society's Richardson Bay Sanctuary lies within the Town's
jurisdiction, A recent report prepared for the County of Marin described the
Sanctuary as "unquestionably one of the most valuable wildlife resources on
the West Coast." (Richardson Bay Dock and Boat Survey, Zitney &
Associates, 2000) ("Richardson Bay 2000"),
G, Many residences are located on and near the Town's shoreline on both the
San Francisco Bay and Richardson Bay, As documented in the County's
record, residential neighborhoods are adversely impacted by noise from
PWCs,
H. The Town's waters include both open water areas, home to waterfowl, diving
feeders and resting ducks, and shorelines with low cover, which support
herons, shorebirds and harbor seals, The record demonstrates that the use of
motorized personal watercraft is one of the most disturbing to wildlife in both
types of habitat. Richardson Bay 2000, p, 36-7,
I. The Town's shorelines are located within or near residential areas, Noise from
motorized personal watercraft is disturbing to the residents in the areas,
J, In addition, the Town's shorelines are enjoyed by numerous more passive
users, ,such as hikers, joggers, bicyclists and kayakers. The quiet enjoyment of
the areas is adversely affected by noise from motorized personal watercraft,
S:\Administration\Staff Folders\adanforthIOrdinancesIPers. Water Craft ban. doc
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K, PWC-generated noise is particularly disruptive and irritating to wildlife, marine
recreationalists, as well as shoreline residents and wildlife enthusiasts, The
intensity and frequency of PWC sound is one component of PWC noise which
tends to disrupt nearby wildlife and humans, Personal watercraft produce
noise levels in the range of 75-115 decibels per unit, comparable to that of a
city street. The American Hospital Association recommends hearing protection
for noise decibels exceeding 85 decibels,
L, The California Air Resources Board (CARB) recently concluded that marine
two-stroke engines are one of the largest sources of air pollution in California.
According to Mark Carlock of the CAARB, on a typical summer weekend day,
such craft generate 777 tons a day of hydrocarbon emissions, an amount
exceeding that of all 16 million light-duty passenger cars in the State, The
majority of those emissions are by a relatively small number of PWC,
Of particular concern, two-stroke motors cause ground-level ozone, which is
created by the photochemical reaction of nitrogen and hydrocarbons, Ozone
causes smog, in addition to respiratory effects such as coughing, chest pain,
asthma, and shortness of breath. It affects people with compromised or
developing respiratory systems, such as the elderly and children,
Two-stroke engines also emit extremely high levels of carbon monoxide (CO),
a poisonous gas that reduces blood oxygen levels, causes headaches,
nausea, and dizziness, PWC riders sometimes complain that after following
directly behind another PWC, they feel faint and can lose control of their craft,
S:\AdministrationIStaff FoldersladantorthIOrdinances\Pers. Water Craft ban. doc
8
Some marine engines have CO emissions of up to 1078 grams/kW-hr, a level
over 300 times higher than maximum levels for a new automobile, -
Beyond their human health effects, other negative environmental effects are
also associated with ozone and nitrogen, For example, ozone injures plants
and materials, and the EPA estimates that excess nitrogen from two-stroke
motors may be responsible for up to two billion dollars annually in crop damage
in the United States, (40 CFR Parts 89,09,91 October 4, 1996,) Nitrogen
also contributes to the secondary formation of particulate matter in the form of
nitrates, acid deposition, and excessive growth of algae in aquatic systems,
Particulate matter has recently been implicated as a ~uman carcinogen, and is
created at extremeiy high levels in jet skis,
M, Finally, unlike other forms of recreation, PWC have a negative impact on
almost every other activity occurring in the same area. PWC destroy the
outdoor experience for other recreationalists such as swimmers, surfers,
windsurfers, kayakers, canoers, hikers, birdwatchers, fishers, and tourists by
creating noise, hazardous conditions, congestion, and causing wildlife to flee,
N. Although safety concerns are not one of the bases upon which this Council can
regulate PWC pursuant to the Harbors and Navigation Code, this Council must
share the concern expressed by other agencies:
The safety record of PWCs shows a disproportionate level of PWC
accidents and injuries relative to the numbers of this type of vessel.
In California in 1996, 16% of all registered vessels were PWCs, yet
PWCs were involved in 45% of all boating accidents and 55% of all
injuries. In a report released in May 1998, the National
Transportation Safety Board noted that while the overall number of
recreational boating fatalities has been declining in recent years,
the nurnber of PWC-related fatalities has been increasing, The
S:\AdministrafionlStaff FoldersladanforthlOrdinanceslPers. Water Craft ban. doc
9
majority of these accidents are attributed to rider inexperience and
lack of skill, operation and use patterns, excessive speed, alcohol
use, and conflicts with other vessels in congested use areas,
SECTION II:
Chapter 33 of the Town of Tiburon Municipal Code is hereby added to read:
CHAPTER 33
WATERCRAFT REGULATION
Section 33-1
Section 33-2
Section 33-3
Findings and Purpose
Definitions
Prohibited use of personal watercraft
In Special Use Area
State or Federally Funded Facilities
Violation-Penalties
Section 33-4
Section 33-5
33-1 Findings And Purpose
Local use regulation of watercraft in the waters of this state are authorized by,
Sections 268 and 660 of the California Harbors and Navigation Code in the areas
of tirne-of-day restrictions, speed zones, special-use areas, and sanitation and
pollution control.
The purpose of this ordinance is to reduce existing conflicts and limit potential
conflicts between uses of the shoreline waters, estuaries and coastline of the
Town of Tiburon, eliminate adverse impacts to the diverse and unusual species
found in these areas, promote overall public safety, and decrease hydrocarbon
pollution that is disproportionately caused by personal watercraft, A further
purpose of this ordinance is to assist the County of Marin in protecting and
preserving its shoreline areas by promoting consistent regulation of such areas in
the County,
S:\AdministrationIStaff Folders\adanforthIOrdinancesIPers, Water Craft ban. doc
10
Conflicts between uses have the potential to increase in the future because of
increasing use of the Town's marine waters as well as use and development of
shoreline areas, Examples of conflicts that currently occur in addition to fish,
marine mammal and wildlife habitat disruption are those between personal
watercraft and individuals engaged in water sports such as kayaking, windsurfing,
swimming, and canoeing, due to the nature and design of personal watercraft
including high maneuverability, high speed, ability to travel in shallow areas, and
noise patterns that are unique and annoying.
These same unique characteristics of personal watercraft also cause conflicts
between shoreline uses in areas zoned for residential and open space activities,
33-2 Definitions.
As used herein, the following terms have the following meanings:
1, "Personal watercraft" means a vessel as defined in California
Harbors and Navigation Code 9651(s) that is less than 12 feet in length, propelled
by machinery, that is designed to be operated by a person or persons sitting,
standing, or kneeling on the vessel, rather than in the conventional manner of
sitting or standing inside the vessel.
2, "Special-use area" means all or a portion of a waterway that is set
aside for specified uses or activities to the exclusion of other incompatible uses or
activities.
3 "Vessel" means every description of watercraft used or capable of
being used as a means of transportation on water, except either of the following:
(a) A seaplane on the water;
S:\AdministrationIStaff FoldersladanforthlOrdinanceslPers, Water Craft ban.doc
11
(b) A watercraft specifically designed to operate on a permanently fixed
course, the movement of which is restricted to a fixed tract or arm to which the
watercraft is attached or by which the watercraft is controlled.
33-3 Prohibited Use Of Personal Watercraft In Special Use Area.
(a) Use and operation of personal watercraft in the area designated in
subsection (b) as a special usearea is incompatible with competing uses and is
therefore prohibited.
(b) For the purposes of this Chapter, the Special Use Area shall consist
of all waters within the territory of the Town of Tiburon accessible from a shoreline,
This includes, without limitation, those portions of Richardson Bay and San
Francisco Bay within the Town's corporate limits, as more specifically shown on
Exhibit A, which is attached hereto and incorporated herein by reference
In the event that another regulatory authority has exclusive jurisdiction over
any of the shoreline of the Special Use Area, the Special Use Area shall begin at
the boundary of the shoreline under the jurisdiction of the Town of Tiburon,
(c) The regulations contained in this Chapter shall not apply to any
motorized vessel or personal watercraft owned, operated or controlled by the
United States, any California State agency or by any local government agency
within Marin County engaged in bona fide emergency or rescue operations or
other operations conducted solely to protect public health and safety,
33-4 State Or Federally Funded Facilities.
If any officer, department or agency of the Town constructs a recreational boat
launch facility with funds provided pursuant to 26 U,S,C, 9504(b)(2), or other state
S:\AdministrationIStaff Folders\odallforthIOrdinancesIPers. Water Craft ban. doc
12
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TOWN OF TIBURON
ST AFF REpORT
To:
From:
Subject:
Date:
MA YOR AND TOWN COUNCIL
ANN R. DANFORTH, TOWN ATTORNEY
BAN ON PERSONAL WATERCRAFT USE IN TOWN WATERS
(1(h"-
ITEM NO,'!!://>
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January 21, 2004
BACKGROUND
On October 26,1999, the Marin County Board of Supervisors adopted Ordinance No. 3302. which
bans motorized personal watercraft ("PWC"), commonly known as "jet skis," The County urged the
Town and other waterfront municipalities to adopt a similar ban, to facilitate enforcement and
promote the environmental goals of the ordinance, However, PWC advocates promptly challenged
the County's ordinance in court. On February 2, 2000, the Town Council decided to postpone
consideration of adopting a Town PWC ban until after the resolution of the legal challenges to thc
County's ordinance,
. The County ultimately prevailed in the PWC litigation and renewed its request that the Town adopt
a similar ban, Thereafter, Town staff brought the matter back before the Council to consider issues
relating to enforcement. The Council directed staff to return with an ordinance for the Council's
consideration,
In response to the Council's direction, staffhas prepared the attached draft ordinance, Staff has also
attached copies of the prior staff reports on this matter, together with other relevant reports and
correspondence. The record contains further factual materials supporting the County's decision to
ban PWC regarding environmental and safety concerns, These materials would also support a Town
ban and are available for review by the public,
ANALYSIS
There are a number of considerations that favor a PWC ban,
I. PWC have numerous and significant adverse affects on people, wildlife and the
environment generally,
2,
A prohibition on PWC would prevent adverse impacts and disturbance to wildlife such
was waterfowl, sea birds and marine mammals, The loud, high speed naturc and
maneuverability of personal watercraft creates impacts to wildlife, including interruption
of activity, alarm and flights; avoidance and displacement; interference with movement;
alteration of behavior; and nest abandonment.
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Ban on Motorized Personal Watercraft
January 21, 2004
Page 2 of 4
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3, This prohibition is also necessary to avoid conflict with other visitor uses such as fishing,
boating, kayaking, and boardsailing, The loud engine pitch and volume of noise,are also
disturbing to park visitors and intrude upon the opportunity for a quict, peaceful park
expenence,
4. PWC typically utilize two~stroke engines, which degrade water quality by emitting
unburned fuel and oil. These emissions contain carcinogens and reproductive toxins, thc
raw emissions from this craft threaten to seriously damage aquatic ecosystems, and the
wildlife that live within them, Personal watercraft (PWC) are responsible for dumping
approximately 44 million pounds of hydrocarbon pollution into US waters every year-
the volume equivalent of over four Exxon Valdez spills.
5. PWC are also a physical threat to wildlife because they
. typically travel at high speeds
. can travel at high speeds in shallow water near islands and sensitive habitats
e
. regularly change direction and speed without warning
. emit high-pitched whining sounds
. lack low-frequency, long-distance subsurface sound which would allow wildlife
enough time to avoid"collisions
. change pitch and sound level with every maneuver
6, Many residences are located on and near the Town's shoreline on both the San Francisco
Bay and Richardson Bay, As documented in the record, residential neighborhoods are
adversely impacted by noise from PWc.
7, In addition, the Town's shorelines are e~oyed by numerous more passive users, such as
hikers, joggers, bicyclists and kayakers, The quiet enjoyment of the areas is adversely
affected by noise from motorized personal watercraft,
The draft Ordinance's findings include the above and other factual bases supporting the Town's
adoption of a ban on Pwc.
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Ban on Motorized Personal Watercraft
January 21, 2004
Page 3 of4
There are potential disadvantages to the ban, which staff has previously brought to the Council's
attention. These include:
I. Enforcement: At this time, the Town has no resources for enforcing regulations on personal
watercraft in Town waters,
2, Potential Technological Improvemcnts: It is possible that in the future, PWC manufacturers
will be ablc to reduce the noisc and emissions that motivate the proposed ban.
3, Potential Litigation, Two lawsuits were filed against Marin County after adopting this
ordinancc,
.
The attached staff rcports of February 2, 2000 and November 1, 2002 address thcse matters in greater
dctail.
Staffhas addressed the first issue, enforcement, in Section 33-5 of the draft Ordinance, This section
authorizes the Chicf of Police to cnter into an ah'fccrnent with the County of Marin allowing the
County Sheriff's Office to enforce the Ordinance. The second issue, technological improvements,
could be addressed by an amendment to thc ordinancc when and if the Council finds that that a ncw
type of PWC does not warrant prohibition; in the alternative, the Council could modify the
Ordinance to allow the Council to crcate exemptions to thc ban by resolution for makes and models
ofPWC whosc cmission and pollution levels had been found to be sufficicntly low to fall outside the
intent of the ordinancc.
The last concern, litigation, is diminished by the County's victory before the Court of Appeal, There
remains some risk oflitigation, but such risk is present with thc adoption ofany ncw rcgulation, Thc
Town generally does not shy away from new regulations that it otherwisc finds meritorious merely
because they might be challcngcd:
RECOMMENDATION
Thc Council should conduct a public hearing on the proposed new ordinance and thcn considcr
whcther it wishes to ban PWC in Town waters, If it finds in the affirmativc, the Council should:
I. By motion, read the ordinancc by title only; and
2, Pass first rcading of thc ordinance by roll call vote,
\.
Ban on Motorized Personal Watercraft
January 21,2004
Page 4 of 4
EXHIBITS
Drafl Ordinance
Map showing waters under Town Jurisdiction
Staff Reports of February 2,2000 and November 1,2002
Marin County StatfReports of May 19, 1998, June 15, 1999 and October 26, 1999
Jet Ski Use impacts Along the Marin County Shoreline, with attachments, Blue Water Network
COITespondcnce rcccived rc Proposed PWC Ban
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TOWN OF TIBURON
Miff 1)a{feyl California .94_94Z-0S.9.9
January 20, 2004
Tiburon Town Council
1505 Tiburon Blvd,
Tiburon. CA 94920
PhOne#!
fax II
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RE: BAN ON PERSONAL WATERCRAFT
Dear Council Memoers,
The Marin Audubon Society applaud" Tiouron's consideration of adding a new Chapter 33 to thc
Town Code which would oan the use and operation of all personal watercraft within Town
waters, We strongly support your adoption of this ordinance,
e
Personal watercraft are not only a sourcc of annoyance to people, but the noise and movement are
disturbing and disruptive to resting and foraging wildlife, causing them to interrupt their
activity and leave the habitat. Disturbance of migratOlY waterfowl that depend on 'the waters of
San Francisco Bay to sustain them during thc winter months and to prepare them for orccding are
a particular concern,
We strongly support am] urge your adoption of this ordinance,
Thank you,
Si~y", ""Cr'i
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,i ConscrvatlOn Commlllee
TOWN COUNCIL
LATE MAIL # Iv
MEETING DATE 1-- )-.!-(Y!
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TOWN COUNCIL
Personal Watl'n.:rafl Illlluslry Assncialinll
I RI9 I. S1reet, NW. Suile 400
WasllillglOl\ DC :1002(;
LATE MAIL ,I..&.
MEETING DATE 1'-.2J [i 'I
January 19, 2004
The Honorable Alice Fredericks
Tiburon Town Council
1505 Tiburon Boulevard
Tiburon, CA 94920
RE: Opposition to new Chapter 33 to the Tiburon Municipal Code
Dear Councilmember Fredericks:
On behalf ofthc Personal Watercraft Industry Association (PWIA), I would like to take this opportunity to
offer our strong opposition to the personal watercraft ordinance to add Chapter 33 to the Tiburon Municipal
Code,
The Personal Watercraft Industry Association (PWIA) is the national trade association representing the five
major manufacturers of personal watercraft (PWC): Bombardier (Sea-Doo), Honda (Aqua Trax), Kawasaki
(Jet Ski), Polaris, and Yamaha (Wave Runner). As an affiliate ofthe National Marine Manufacturers
Association, PWlA is a leading promoter of boating safety efforts and environmentally friendly technologies in
the recreational boating industry, Our industry has worked to ensure that millions of Americans can continue
to safely enjoy a favorite outdoor pastime that has a minimal effect on our environment.
While we recognize that all bodies of water may not be appropriate for motorized boating, a central tenet of
PWIA's philosophy is to recognize the importance of providing equal access and fair regulation for all
motorized boats, All tax and fee paying, law-abiding, responsible boaters should be able to enjoy access to
California's public waterways without regard to their boat's hull type, Singling out personal watercraft at the
behest of personal watercraft opponents arbitrarily disenfranchises an entire segment of the boating community
from enjoying the waterways.
PWIA has always believed in the need for reasonable regulation and strict enforcement on the waterways,
However, we fervently oppose biased attempts to preclude personal watercraft families from sharing the public
waterways with other boaters, We maintain that targeting particular types of boats for inappropriately severe
restrictions or outright bans is not effective public policy, but rather a form of discrimination against one type
of vessel over another. Bans on personal watercraft are patently unnecessary. Before enacting additional local
regulations, increased enforcement action is needed along with stricter penalties for violators, Encouraging
boater education is another positive step that will provide tangible results,
The personal watercraft industry has dedicated itself to meeting its customers' demands for environmentally
friendly boats with newer and better technology every year, Safe and responsible enjoyment of our natural
resources and respect for wildlife are priorities for the industry, which has gone to great lengths to ensure that
personal watercraft are clean, quiet and safe. The marine manufacturing industry has made major investments
in new technologies that have made personal watercraft 75 percent cleaner and 70 percent quieter than those
manufactured in 1998. In fact, current personal watercraft models already meet the EPA's 2006 marine engine
standards, achieving these emission reduction guidelines six years early.
\
Our manufacturers have used a variety of cutting cdge techniques to drastically reduce personal watercraft
sound, and we continue to make advances in making personal watercraft quieter every year. Even prior to
these enonnous improvements, personal watercraft have always operated well within fcderal and state sound
regulations, In fact, personal watercraft emit sound levels that are equal to or much lower than other types of
boats,
It is equally important to be aware of the tremendous advances personal watercraft manufacturers have made
in engine technologies, New direct injection two-stroke models, as well as new four-stroke powered personal
watercraft are nearly 80 percent more efficient than conventional two-stroke engines, Furthennore, according
to the Environmental Protection Agency, the average life of a personal watercraft is approximately 5-7 years,
so one can expect a near complete turnover to a cleaner fleet within just the next few years.
Through education, reasonable regulation and strict law enforcement, all California's citizens and visitors can
be afforded the greatest measure of safety and enjoyment while they recreate, I urge you to OPPOSE
Chapter 33 of the Tiburon Municipal Code.
PWIA also offers itself as a resource, should you need any further information or assistance regarding personal
watercraft issues and technologies, I would be happy to talk with you at anytime, and can be contacted at (202)
721-1634 or c~ullol\Wl,pwia,org, Thank you for your time and consideration.
Sincerely,
Christian Gullott
Manager, Legislative and State Affairs
Cc: Mr. Raynor Tsuneyoshi, Director, Department of Boating and Waterways
Cbris Manthos, Managing Dircctor, American Watercraft Association (A W A)
Monita Fontaine, Vice President of Government Relations, National Marine Manufacturers
Association (NMMA)
Kirsten Rowe, Executive Director, Personal Watercraft Industry Association (PWIA)
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~ JAN 2 0 2004 ~J
TOWN CLI::RK
TOWN OF TIBURON
January 20,2004
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Tiburon Town Council
1505 Tiburon Blvd,
Tiburon, CA 94920
Re: Ordinance to regulate motorized personal watercraft on waters within the Town of
Tiburon
, Dear Council Members,
On behalf of the members and supporters of Bluewater Nctwork" please accept the
following commcnts on the proposed ordinance to ban the use and operation of all
personal motorized watcrcraft within Town waters, B1uewater Network is a national
organization that strives to champion innovative solutions and inspire individuals to
protect the earth's finite and vulnerable ecosystems,
We fully support the proposed ordinancc and cncourage the Council to adopt it. The staff
rcport does an excellent job of outlining the suite of impacts that the use of personal
watercrafts cause to wildlife, clean air and water, other recreational users, and the peacc
and tranquility of a waterway, The ordinance would be consistent with thc current bans
on personal watercraft that exist on the federal and county waters within and surrounding
Marin County,
Personal watercraft proponents will argue that "clcancr and quieter" four-strokc models
produce much Icss pollution than the two-stroke models and this is a fair claim, The
newcr four-stroke models are quieter and cleaner than the machines that rely on
antiquated two-stroke technology, Regardless, the vast majority of personal watercraft in
use today are powered by highly-polluting and noisy two-stroke engines, Pollution from
thcsc machincs has been shown to cause significant damagc to air and water quality, Thc
National Academy of Sciences (NAS) rccently reported in Oil in the Sea IIf: Inputs,
Fates, and Effects, that two-stroke engine pollution has a major impact on watcr and
biological resources, In particular, the research reported that even minor, short-term spills
like the kind generated by two-stroke engines can cause detrimental damage to the
encrgctic and biosynthetic processes and immune systems of aquatic wildlife, as well as
their structural development and reproduction. In an area such as thc Marin coast, which
is cherishcd for its ecological integrity and cnjoyed for its acccssibility to nature by locals
and visitors alike, thc Icvcl of pollution that the majority of personal watercraft would
cmit into town waters is unacceptable,
Four-stroke models are a vast improvemeJit over two-stroke technology and the personal
watercraft industry continues to proclaim thcsc clcaner and quieter machincs as the
solution to thc myriad of problems that personal watercraft cause, However, no
tcchnological advances in engine design will address the erratic and unpredictable nature
of personal watcrcraft and the impact that this behavior has on marine wildlife and othcr
rccrcational users, The distrcss on wildlife causcd by the unpredictable movements and
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noise from personal watercrall is well documented in the proposed ordinancc's Icgislativc
findings, Further, while the noise and pollution from personal watcrcraft arc ccrtainly
nuisanccs for rccreational users, thc speed and unpredictable nature of these machines
also cause safety and user cnjoyrnent issues, Kayakers; sailors, swimmers, and other
water recreational users are endangered by the erratic usc and speed of thesc machines,
Wildlifc cnthusiasts are robbed of their ability to enjoy the natural world whcn pcrsonal
watercraft scare off marine birds and mammals, No amount of four-stroke technology
will alter this unfortunate truth about personal watercraft.
As a national cnvironmental organization, we deal daily with communitics struggling to
enjoy their natural surroundings without the intrusivc sound and sight of personal
watereral1 and othcr motorized rcereation, Rarely do these communities exist in an area
as ecologically diverse as the Marin eastcrn shorelinc, Your constituents that live along
thc waterfront arc cxpcricncing first hand thc annoyances of personal watercrall and thc
impact these machines have on other people's ability to cnjoy their natural surroundings,
Marin County boasts some of the most ecologically diverse coastline in thc country, as
well as somc ofthc bcst rcgulations for prcventing the hanll that personal watcrcraft can
cause, We strongly encouragc you to follow the lead of your neighbors at the Gulf of the
Faralloncs National Marine Sanctuary, PI. Reyes National Scashore, Goldcn Gate
National Recreation Area, and thc Marin County Board of Supervisors and pass thc
proposed ordinance to ban personal watcrcraft from watcrs within the Town ofTiburon,
Enclosed with our comments is a CD containing rcscarch on the impacts of pcrsonal
watercraft on clcan air and water, natural soundscapes, wildlifc, non-motorized
recrcation, and safety,
Thank you for your consideration,
Sinccrely,
y
cV~
Carl Schnecbeck
Public Lands Campaign Associate
Scan Smith
Public Lands Campaign Director
~~~~[\~~~
JAN 2 9 2004
Town Council
Town ofTiburon
1505 Tiburon Boulevard
Tiburon, CA
TOWN CLERK
TOWN OF TIBURON
Dear Mayor and Councilmembers,
1/28/04
Although you approved the first reading of a potential anti-PWC ordinance for Tiburon, I urge you to
reconsider that action, As a San Ansclmo Town Councilmember myself, I sympathize with your desirc to
satisfy the request of some of your residents, Howcver, this ordinance clearly discriminates against one fom1
of motorized water recreation and is neither supported by sufficient and accurate data nor based on compelling
legal findings. All of your findings are either factually incorrect or can be resolved by less draconian measurcs
than a total ban on PWC, I will refute each ofthc findings sufficiently, I hope, to cause you to reconsider your
action,
Pay special attention to the fact that, aftcr years of study, the National Park Service has allowed the use of
PWC in most of our national parks, Excerpts from the NPS final ruling are included below. Although this
decision is for the Glen Canyon National Recreation Area, it is typical of all the National Park Service
decisions during the last year and of those nearing completion, Your findings do not make a sufficient easc
that Tiburon is somehow significantly environmentally-different from our National Parks.
[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Rules and Regulations - Page 55448-55466]
DEPARTMENT OF THE INTERIOR - National Park Service - 36 CFR Part 7
"The NPS considered an immediate ban of conventional two-stroke technology but, based
upon the findings of the EIS process, determined it was not necessary to protect the rcsource
and, would impose an unreasonabie economic burden on PWC uscrs. Instead, the modified
preferred alternative B of the Final Environmental Impact Statement requires that PWC used
at Glen Canyon NRA must meet the EPA 2006 emission standards by the end 01'2012, PWC
not meeting the standards would no longer be allowed to operate in Glen Canyon National
Recreation Area beginning in 2013,
This rulc will continue PWC use with restrictions in somc narrow canyon areas and other
management restrictions, Some localized ecosystem protection and noisc rcduction benetits
are anticipated, However, because the vast majority of Lakc powcll, including the most
popular areas for PWC use, will remain open to PWC use under this rule, the NPS
anticipates no si!,,'l1ificant effeels on the visiting public or local businesses,"
I urge you to read this letter (I know it's a long letter, but you wrote a long ordinance.) and then continue the
item t,)r 90 days while you create a subcommittee to devclop a rational program to regulate all watercraft and
educate all watercraft users about thc special necds of the Tiburon shoreline, including 5 MPH zones,
restricted shoreline areas, a 100 foot buffer zone, and signage at launch points for all watercraft. I once again
otTer to help in this effort. I could arrange a PWC demonstration when the weather becomes bcttcr. Please
don't let unfounded prejudiccs stand in the way of a reasonable and defensible program for regulating all
motorized watercraft and actually protecting the environment.
Local jurisdictions arc currently pcrmittcd to adopt an ordinance that reguiates boating, so long as there is a
rational nexus to the inhercnt police power of such iocal iurisdictions and thc ordinance is not discriminatol'\'
allainst a particular type of watercraft or orerator. Only four types of local boating restrictions are pennilled
undcr State law:
I, time-ot~day restrictions
2, speed zones
,
3. special-use areas
4, sanitation and pollution control
The Tiburon ordinance aHempts to created a special-use area, This dcsignation requires that the prohibited
activity - in this case the use of personal watercraft - is incompatible with other uscs of the spceia]-usc area,
The Tiburon ordinance unfairly discriminates against PWC by allowing other similarly-sized vessels open
access to the special-use area whilc banning PWc. There is an additional inconsistency in that severa]
manufacturers, including Yamaha, make jet boats that use the samc cngine (or two) as a nomlal PWc. They
are simply double jet skis with a hull you sit inside to ride, How wil] you handle those, and other jet boats I()r
that matter?
A Califomia Attorney Genera] opinion (91-306) found that a complctc ban on PWC use in an agency's
jurisdiction is only permissible if:
1, the usc of persona] watercraft on all navigabie waters under the agency's jurisdiction is incompatible with
one or more other public uses
2. such a ban is neither arbitrary nor discriminatory as to nersonu/ walercratt~ e.g., the ban applies to other
incompatible motorized vessels as well.
The Tiburon ordinance ciearly does not meet thcsc criteria, Your staff report inaccurately portn'yed the various
court actions as "upholding" tbe Marin County ordinance and that the issue has finaliy been resolvcd, In Judge
Taylor's original decision, she overtumed the ordinance based on only the first of many valid grounds against
it - vagueness, Several other valid arguments in the appeal were not considered at that timc, Thc Appeals
Court ruled against the appeal on the very narrow l,'Tounds that becausc thc ordinance was never actually
violated (no one has yet rcceived a tickct), the personal watcrcraft owners could not argue that it was vague,
The California Supremc Court simply declined to review the case, a non-decision, AliI have to do is to launch
my jet ski and ridc it into prohibited waters, receive a citation (if I can even gct one), and the issuc returns to
the courts, Fundamentally, the substance, validity, and truthfulness ofthe "relevant legislative findings" have
never been rcsolved, Basing your ordinance, especially the provably wrong findings, on the Marin County
ordinance simply Icaves Tiburon vulnerable to any challenge to either the Tiburon or the Marin County
ordinance.
I don't deny that some people are annoyed by the sound of PWC, I'm particularly annoyed by the sound of
"muscleboats" in the morning at Lake Berryessa, But we shouldn't use the power of government to ban things
just becausc thcy annoy us, The lindings made to support the ban of PWC in Tiburon couid arguably be used
to ban red SUVs Irom the roads ofTiburon' They pollute marc than a Toyota Prius, Rcd indicates a
predisposition to drive recklessly and break thc law, They are dangerous to other vehicles in accidents, You
gct dizzy if you sniff the exhaust. Any of us could probably come up with a generic "Ordinance to Ban What
Annoys Us" and have a fill-in-the-blanks findings section,
Despite what has been said regarding persona] waterera11 (PWC), modem science and common sensc dictate
that persona] watcrcrafi should not be discriminated against when government agencies develop regulations
designed to protect thc environment. Study a11er study proves that when it comcs to protecting the
environment, the design of the hull around the cngine docs not make a difference, Ignoring these studics,as
inconvenient dcmcans the process by which wc set policy for our Towns,
You should also be aware that the Bluewater Nctwork finds the truth too confining and has for years, "Tiburon
'could bccome a magnet" f()r .let Skis is a comment that could only be made by a propagandist rather thatl atl
rational analyst. None of their arguments against PWC stand up to open-minded scrutiny, Consider that
thousands of cars and trucks in stop and go traffic on the Waldo Gradc, or even 011 Tiburon Boulevard, pollute
more daily than all the PWCs that ridc in Tiburon waters yearly,
Lake Tahoe did not ban PWCs, Although most newspapers commonly refer to the "ban of PWC' at Lake
Tahoc, the truth is that PWC arc allowed on the iakc -just like other boats, But. the Lake Tahoe Regional
Planning Agency (TRPA) did rcgulatc two-cyclc use. All two-cycle eng-ines over 10 horsepowcr must now be
low emission, new technology powered craft to operate on thc lakc, That means that two-cycle outboards over
10 horscpowcr and old technology PWC cannot use the lake any longer. Only outboards and PWC that have
the new- technology, low-emissions, fuel-injected engincs are allowed on the,lake if they are over HI
horsepower, In 2000 model year alone, manufacturers produced 8 models ofPWC that are "Tahoe Legal,"
fully one third ofthc cntirc flccl.1 can ride my fuel-injected Kawasaki 1 100STX-D1 on Lake Tahoe today (and
also could scvcral ycars ago) - why can't I ride it responsibly a reasonable distance otTthe Tiburon shoreline?
Your findings do not make a sutlicient case that Tiburon is somchow significantly cnvironmcntally-different
from Lake Tahoe,
No PWC arc allowcd to bc sold in California that do not meet strict air quality standards, The tcchnology was
hcrc years ago and cannot be characterized, as it was by Mayor Frcdcricks, as, "It may bc solvcd in the future,
but it is not solved now"
Thc two-stroke engines that power more and more PWC today arc far clcaner than oncs that power a majority
of pleasure hoats in the nation, including thcoutboards that power sailboats in and out of Tiburon, New
models utilize catalytic convcrters and computer-assisted fuel injection systems that reduce emissions by 75%
over conventional two-stroke engines, PWC manufacturers are also producing four strokc models, which are
meeting the promise of even cleaner and quieter PWC, These new four stroke and low emission two strokc
models arc hugc succcsses in the marketplaee and this new technology has been incorporated in the most
popular bcst sclling models: the three and four-person PWC,
In 1996, the manufacturers of marinc cngincs agreed with the EP A to reduce engine emissions. By 2006, thc
recreational watercraft flcct (including PWC) will show a 75 percent reduction in emissions. In California, the
Califomia Air Resources Board stepped up the strict EP A rulcs by fivc ycars, But thc PWC manufacturcs arc
not waiting until the last minute. In 1999, fivc PWC were already availahle with reduced emissions (at Icast
one model meeting EPA 2006 cmission standards), There are now 30 models availabie and only those models
can be sold in California,
Again from the National Park Service:
"PWC manufacturers currcntly offcr modcls that are compliant with the EP A 2006 standards, and
new PWC purchased after 2006 will all mect thc EP A emission standards. The average operating
life of a PWC is 5 to 10 years, depcnding upon the source (see the "General Methodology" scction
in the "Environmcntal Consequcnccs" chapter of the Final Environmental Impact Statemcnt), As a
result, it is expected that thc majority of noncompliant PWC would no longcr be in operation when
thc engine restrictions proposed under the modified prefcrred alternative B take effect at the end of
2012,"
In many cascs, PWC arc In fact quieter than their "convcntional motorboat" cousins, While sound is clearly a
subjective topic, ohjective sound tests on motorboats havc shown PWC to be much quieter than othcr,
"conventional" boats, In one test conducted by a private company on hehalf ofthe New Jersey Marinc Police,
PWC noise Icvels wcrc in the range of 76 to 81 decibels on a pass-by test and 70 to 71 decibels at docksidc,
The maximum noisc Icvcl allowed in the State of New Jcrscy is 90 decibels, so PWC were well under thc
allowed sound emission Icvcl.
Again from thc National Park Scrvice:
"Thc pitch variations associated with PWC and thc noise differences between PWC and
motorhoats are acknowledged undcr thc "Soundscapes" section in the "Af'fected Environmcnt"
chapter of the Drali and Final Envirclnmentallmpact Statements, PWC noisc docs fluctuate as a
result oflypical opcration, hut the noise intensity Icvcls arc not typically in violation ofthc
National Park Service noise standard, The suggestion that pitch variations may have ditTeren\
effects on humans and other species, and that the variation is more annoying or irritating, was
incorporated in the anaiysis and contributes to the "minor to moderate" adverse impact
dctermination,
The National Park Service has recognized that some PWC manufacturers are developing new
noise suppression designs for new PWe. The industry's convcrsion to thc f'our-stroke tecbnology
and the use of rcsonators is reducing thc noise, Manufacturers arc using noise absorbing foam and
rubber padding in the construction ofPWC, Consequently, thc newer technoiogy used in PWC
construction is addressing noise eoneems, The Final Environmental Impact Statement refers to thc
potential noise abatement factors and aeknowlcdges that future designs may mitigate sound
impacts (sec thc "Aflected Environment" chapter),"
The most recent test on motorboats' cffects on wildlife show that birds react in an identical fashion regardless
ofthc typc of hull used to approach them, ^ Florida Fish and Wildlife Conservation Commission study on
motorboat disturbance of waterfowl lasting three years, found that "dcspite their reputation for noisc and
wildlife disturbance" ,PWC rarely elicited a greater flush distance," In fact, the study showed that "when thcrc
was a significant difference.. ,the conventional outboard-powered motorboat most oftcn exhibited thc larger
nush distances," I have personal experience with this fact from my PWC riding on Lakc Bcrryessa and other
lakes,
National Park Service:
"It was concluded in the fmal EIS that alternatives A and B would have negligible to minor advcrse
affccts on wildlife and wildlife habitat from noisc, high-speed operations, habitat disturbance and
exposurc to fucl constituents, Continued PWC operation under these aitematives would not rcsult in
an imnairment of wildlife, fish. or supporting habitat resourccs, These c'onclusions regarding wildlife
impacts that were based on scit1ntific literature and based on the environmental conditions present in
Glen Canvon NRA arc bclicvcd to hc accurate and comp'lctc,"
In study after study, bioiogists have asked for buffcr zones for all boats, not just PWC, In the oft-cited Joanna
Burger study, The Effects of Motorboats and Personal Watercratt on Flight Bchavior Over a Colony of
Common Tems, thc biologist concluded that buffer zones should be set up to protect the birds from all
motorboat disturbanccs,
Because PWC do not havc cxposed ruddcrs or propellers, they are ablc to opcrate in shallow water. These
characteristics make PWC ideal t'or water rescue purposes, and PWC are used throughout the country to help
save lives, It has also made the boats prone to critics who statc that PWC do more harm to plant lire because
they are abie to travel in shallow water. Once again though, studies show this not to be true, A study of the
effects ofPWC on shallow-water sca grass in Florida showed that PWC do not damage sea grass beds, The
test was conducted in less than 2 feet of water, used thrce different models of PWCand included both high-
speed passes over sections of sea &'Ta.;;s and continual circling of PWC over the same area. 'fhe results were
startling: the PWC did not disturb the grass bcds in either type oftesL Additionally, all five manufacturcrs or
PWC support restrictions on boats operating III extremely shallow water and warn purchasers not to operate
their boats in less than 2 feet ofwatcr (damage can occur to the jet-drive system in shallow water),
Your spurious finding about thc cfrects of carbon monoxide is contradicted by the National Park Service
Study:
"Carbon monoxide rclated fatalities that have occurred in thc recreation area havc been a resull or
exposure to extremely high ievels of carhon monoxide in conJincd, poorly ventilated spaccs such as
under a boat swimming platforn1 or near exhaust pm1.s. The levels of carbon monoxide presented in
the analysis represent carbon monoxide levels over the entire recreation area, dispersed in a large
volume of air. and ar~ hased on year-long boating activity. There has only been one repot1ed fatality
caused hy carbon monoxide poisoning at the recreation area involving a PWC. This individual died
while being towed on his broken PWC behind a motorboat. Nationally, orthe 701 boating fatalities
reported in 2000, five deaths were attributed to carbon monoxide, None oftbese deaths involved
I'Wc." '
Various special interest groups have made wild accusations regarding the amount of pollution attributable to
PWC.ln one such "study", the lzaak Walton League claimed "PWC's in the United States spill 15 times more
oil into waters each year then the Exxon Valdez," The quote was accented by a picture of a crude-oil soaked
bird, killed by the spill in Prince William Sound,
The graphic portrait painted by thc authors of the report is indeed grim, but does not apply to PWC at all. The
source cited for the statistic, Polluting for Pleasure, contains nearly decade-old estimates of the total volume of
oil and hydrocarbon emissions of all two-cycle marine engines in thc Unitcd States, The book does not
mention - Ict alone estimate - the emissions of personal watercraft, Putting aside questions on the validity of
the author's estimates, it is self evident that PWC emissions only account for a fraction of all two-cycle marine
engine emissions, Yet the rcport f11lseiy attributes the total estimatcd volumc of such emissions to PWC: alone,
The United States Environmental Protection Agency (EI' A) examined marine engine emissions in 1996, At
that time, the EPA desired to regulatc marine emissions in order to cut the amount of hydrocarbon emissions
nationwide and from all maritime sources, Thc EP A found the following:
. All marine engines account for only 3 percent ofthc total hydrocarbon emissions in the United States,
pwe are les than] 0% of marinc engines and thus contribute onlv 0,3% of the total hydrocarbon emissions
in the country, Automobiles account for 33 percent, gardcning equipment and other non-road sources for 7
percent and other sources including industry account for 57 percent.
. Thc impact of the exhaust from marinc cngines on the water was not large enough to warrant additional,
regulations to address waterquality.
The EP A found that two-cycle engine emissions did not have a b'feat effect on the marine environment becausc
any fuel that did mix with thc water quickly evaporated aftcrwards, It did not remain in thc water and did not
form "oil slicks" or films on the water. While it is true that some unburned fuel does pass through two-cycle
engines, this fuel is in a gaseous state and is superheated by the combustion process, The fuel is not "dumpcd"
or "spilled,"
Again from thc Nationa] Park Service study:
"In 1994, the EP A rei eased a public mcmorandum entitled "The Effects of Marine Engine
Exhaust on Water Quality: Summary of Findings of Various Research Studies," This document
summarized II research papcrs and presents volatilization rates and dilution ratios for
observable effects such as taste, odor, and gcneration of oil film, At temperatures commonly
found in Lakc Powell during the summcr boating season, the majority of gasoline and oil
components would be volatilized within 1.2 hours, Although a portion of tbe gas/o;1 mixture
may accumulate in the water column, water quality testing at Lake Powell did not reveal
dctectable levels of most P AH components, Given that the contaminants wcrc largely
undetectable, specific cumulative analysis ofthe PWC contribution is not possible at this time,
This EP A rcview also cites a study by the Boating Industrial Association (1974) that describes
the two-strokc gas/oil mixture as having an II-day half.life in still water (such as a laboratory
tank) and a half-life of less than one day in open, acrated water (such as a lake),"
Recent water testing confirnls the EPA findings, Below are "the.most recent waterlcsts on PWC,
- 1997: Anaheim, California
in August 1997, the I.TSBA held a thrce-day PWC race on an artificial lake construct cd in Anaheim, Caiifornia,
The man-madc lake was filled with 14 million gallons of Orange County drinking water. In order to use the
water, a $250,000 bond was placed to guarantee that the water would be returned unspoiied,
,
After an intense regimen of water testing, all the water was returned and the bond moncy was refunded, The
water showed no trace of fuel. Test results, along with a lnemo authorizing t1(c transfer of the water hack to the
drinking water reservoir are available to the public,
- 1999: Donner Lake, California
Reacting to Lake Tahoe's recent two-cycle restrictions, the Town ofTruckee, nestled in the Sierra Nevada
Mountains only a lew mi;1Utes tram Tahoe, decided to propose a PWC han on nearby Donner Lake, The
proposal stemmed from a fear that with Tahoe "closed" to PWC, boaters wbo couldn't get onto Tahoe would
soon overrun Donner Lake, In order to adopt the rule, they approved water testing to show that two"cycle
engines were harming the lake.
The tests were conducted on July 6th, after the July 4th weekend, traditionally the busiest boating weekend 01'
the year, As with the results of the Anaheim PWC race, the test showed no trace oHuel components,
- 1999: Canandaigua, New York
Canandaigua Lake, one of the popular Finger Lakes in upstate New York, was the site of the second annual
Toyota/Sea-Doo Challenge PWC race, The race lasted two days, with over 100 panieipants, Water testing was
conducted prior to, during, and atier the race by the City ofCanandaigua, While the results showed an increase
in fuel components in the water during the race, testing only three days iater at the identical sitcs showed a
"dramatic decline" in the components, The study showed that the fuel quickly left the water, just as the EPA's
research had, The tests at Canandaigua further bolstered what the EPA already knew: that two-eyeie engines
did not have a significant impact on water quality.
Despite their reputation, PWC arc not tbe deadliest boats in the watcr. According to United States Coast Guard
statistics, almost twice as many people die in canoe and kayak accidents in the United States, In 1998 alone,
115 people died in canoe or kayak accidents, as compared with 78 PWC dcaths in the same year (320;;, more
fatalities), PWC, like any other motor vehicle, arc only as dangerous as the operator.
In conclusion, please do not pass this ordinance, A much better one can be written that meets the needs 01' all
concerned,
Sincerely,
Pcter Kilkus
129 Pine Street
San Anselmo, CA 94960