HomeMy WebLinkAboutTC Agd Pkt 2010-12-01TOWN OF TIBURON Regular Meeting
Tiburon Town Council
Tiburon Town Hall December 1, 2010
1505 Tiburon Boulevard Regular Meeting - 7:30 p.m.
Tiburon, CA 94920 Closed Session - 6:30 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION.- (6:30 p.m.)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Manager
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Slavitz, Mayor Collins
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Annual Appointments List - Adopt Annual List of Town Council Appointments
pursuant to State Law (Town Clerk Crane Iacopi)
2. Reappointment of Boardmember - Recommendation to reappoint Roger Smith to
Marin/Sonoma Mosquito Mosquito and Vector Control District Board of Trustees
(Town Clerk Crane Iacopi)
3. Revised Minutes - Adopt revised minutes of October 20, 2010 Town Council meeting
(Town Clerk Crane Iacopi)
ACTION ITEMS - REORGANIZATION OF TOWN COUNCIL
1. Town Council Comments - The Mayor and Council may share any comments during this
time.
2. Election of Mayor - Outgoing Mayor Collins will receive nominations for the Office of
Mayor and conduct the election.
3. Election of Vice Mayor - The Mayor-elect will take the Chair and conduct the election of
Vice Mayor.
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
• Cancellation of December 15, 2010 regular meeting
WEEKLY DIGESTS
• Town Council Weekly Digest -November 19, 2010
• Town Council Weekly Digest -November 26, 2010
ADJOURNMENT - to a celebration at the home of the Mayor-elect
(Please note: Town Hall is closed from December 24, 2010 through December 31,2010.; the next regular meeting is
scheduled for January 5, 2011)
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing at the
public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the
Belvedere-Tiburon Library located adjacent to Town Hall (1501 Tiburon Boulevard)
during normal business hours prior to the Council meeting.
In addition, agendas, minutes and staff reports are posted on the Town's website,
www.ci.tiburon.ca.us.
Any documents produced by the Town and distributed to a majority of the Town
Council regarding any item on this agenda, including agenda-related documents
produced by the Town after distribution of the agenda packet 72 hours in advance of
the Council meeting, will be available for public inspection at Town Hall, 1505
Tiburon Boulevard, Tiburon CA 94920.
Closed session and privileged documents are not subject to these requirements.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Town Council Meeting
December 1, 2010
Agenda Item: Cf- / Subject: Recommendation to Adopt Annual Local Appointments List
Reviewed By:
BACKGROUND
Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and State Law
(Government Code Section 54972), the Town Council must adopt and publish a list of local
appointments it has made to boards and commissions during the year prior to December 31 of
each year. The list is then posted at the Town Hall and a copy is sent to the Belvedere-Tiburon
Library for public review.
A list of appointments made by the Town Council for the period January through December 2010
is attached for Council's adoption.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt the annual local appointments list for January through December 2010.
Exhibits: 1) Local Appointments List January through December 2010
2) Town Council Committee Appointments
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
TOWN OF TIBURON
LOCAL APPOINTMENTS LIST
January through December 2010
(Pursuant to Govt. Code Section 54972)
Commission
Incumbent
Date
Term Expires
Qualifications
Appointed
PLANNING
Tiburon
COMMISSION
Resident
John
February 2004;
February 2013
Kunzweiler
March 2005;
reappointed
March 2009
John
June 2008;
February 2014
Corcoran
reappointed
March 2010
Cathy
March 2008
February 2012
Frymier
Frank Doyle
January 2010
February 2014
[replaced Jim
Fraser]
Erin Tollini
January 2010
February 2011
[replaced
(less than 2-
Emmett
year term subj.
O'Donnell]
to automatic
reappointment)
DESIGN REVIEW
Resident of
BOARD
Tiburon
Peninsula
Bryan Chong
March 2008
February 2012
Michael
June 2008
February 2012
Tollini
Grover
September
February 2011
Wilson, III
2008
(resigned
March 2010)
For- publication in Decembe7°2010
John
March 2009
February 2011
Kricensky
Lou Weller
March 2010
February 2013
[replaced
Frank Doyle]
Linda
July 2010
February 2011
Emberson
[replaced
Grover
Wilson]
PARKS, OPEN SPACE
5 Members; 1
& TRAILS
can be from
(formed pursuant to Town
Belvedere or
Council Resolution No.
Tiburon
22-2008)
Peninsula
Peter Winkler
June 2008
February 2011
Michael
June 2008
February 2012
McMullen
Phillip
June 2008
February 2012
Feldman
(Belvedere)
Robert
March 2010
February 2014
McDermott
[replaced
Ralph
Leighton]
Park Allen
May 2010
February 2014
[replaced Jill
Sperber]
Ralph
June 2008
February 2010
Leighton
(resigned
2010)
Jill Sperber
June 2008
February 2010
(resigned
2010)
For publication in December2010
HERITAGE & ARTS
Resident of
COMMISSION
Tiburon
Peninsula; up
to two can be
residents of
Belvedere
Peggy
August 2001;
February 2010
Bremer
February 2002;
(resigned
Feb.2006
February
2010)
Jaleh Etemad
March 2010
March 2014
[replaced
Peggy
Bremer]
Dave Gotz
May 2001;
February 2014
February 2002;
February 2006
Ida Mae Berg
May 2006
February 2014
(resigned
June 2010)
Azita de
October 2010
February 2014
Mujica
[replaced Ida
Mae Berg]
Anne Thull
March 2008;
February 2013
March 2009
Marlene Rice
March 2007
February 2011
Elizabeth
April 2005;
February 2011
Schmidt
February 2007
(resigned
(resigned
March 2010)
March 2010)
Ric Postle
April 2010
February 2011
[replaced Liz
Schmidt]
Patricia
October 2002;
February 2012
Navonne
February 2004;
March 2008
For publication in Decembei-2010
Victoria
Commissioner
Arnett
Emeritus
(9/02)
JOINT RECREATION
Jerry Riessen
October 1992;
February 2011
3 Tiburon
COMMITTEE
February 1999;
[By-laws state
Residents
(Belvedere/Tiburon joint
February 2003;
2-year terms
(Belvedere &
powers agreement)
February 2007
but Riessen
RUSD make
was appointed
separate
to another 4-
appointments)
year term per
Town appt.
policy in 2007]
Erin Tollini
October 2008
February 2010
(appointed to
Planning
Commission)
Tina Warren
May 2010
February 2012
[replaced
Erin Tollini]
Jane Jacobs
November
February 2011
2008
Howard
December
May 2011
Block
2009
(RUSD)
Jim Fraser
January 2010
(TC liaison)
DISASTER ADVISORY
No set term
Tiburon
COUNCIL
limit
Resident;
Belvedere &
RUSD make
separate
appointments
Ellen Rony
February 2003
Jim Sherman
(Paradise
C ay)
Vacant -
(Tiburon
For publication in December2010
Appointment)
Jim Fraser
January 2010
(TC liaison)
BELVEDERE/TIBURON
Tiburon
LIBRARY BOARD OF
Resident;
TRUSTEES
Belvedere
makes
separate
appointments/
RUSD appt.
is ratified by
both Councils
Mary Falk
May 2004;
June 2011
March 2005;
reappointed
June 2008
Lois Epstein
May 2006;
June 2012
reappointed
June 2009
Beverlee
June 2007;
June 2013
Johnson
reappointed
June 2010
Ann Alywn
June 2010
June 2011
(RUSD)
MARIN COMMISSION
Allan Bortel
April 2002;
Tiburon
ON AGING
June 2002;
resident (over
June 2005;
age 60)
June 2008
(3-year term)
No longer a
required
appointment
but Mr. Bortel
has offered to
continue to
serve and was
reappointed by
the Council
For publication in December2010
HILARITA-TIBURON
Carolyn Grey
October 2009
No set limit
Resident and
REPRESENTATIVE
(Tiburon
interest in
appointment
affordable
to Board of
housing
Directors)
issues and
knowledge of
Town's
policies on
affordable
housing
TOWN HISTORIAN
Branwell
August 1999
No set tern
Resident
Fanning
limit
TOWN TREASURER
William
January 1998
No set term
Resident -
Osher
limit
Financial
Background
TOWN ARTIST
Mary Musalo
August 2008
August 2012
See H&A
LAUREATE
guidelines...
MOSQUITO
Col. Roger
1994; January
Law no longer
Resident
ABATEMENT BOARD
Smith
999 (tern
expired in
requires
appointed
12/98);
representative;
January 2003
Col. Smith has
(term expired
offered to
12/02);
continue to
Dec. 2006
serve.
See Also: TOWN COUNCIL COMMITTEE APPOINTMENTS LIST
For publication in December2010
TIBURON TOWN COUNCIL
COMMITTEE APPOINTMENTS
2010
1. STATE & REGIONAL AGENCIES
ASSOCIATION OF BAY AREA GOVERNMENTS
(General Assembly meets in April and October)
Jim Fraser, Delegate
Emmett O'Donnell, Alternate
2. MARIN ENERGY AUTHORITY BOARD OF DIRECTORS
(Meets I" Thursday from 7-9 p.m. at 1 McGinnis Parkway, San Rafael)
Dick Collins, Delegate
Jeff Slavitz, Alternate
3. PRIORITY-SETTING COMMITTEE FOR COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAMS (CDBG)
(Meets twice a year in Marin City and at Civic Center)
Emmett O'Donnell, Delegate
Jim Fraser, Alternate
4. LEAGUE OF CALIFORNIA CITIES
(Meets quarterly and at the Annual Conference in September; other events as published)
• Director, representing North Bay Division (elected July 2008; re-elected
2010)
• Transportation, Communication & Public Works State Policy Committee -
(2-year appointment by League President)
Alice Fredericks
5. INSTITUTE FOR LOCAL GOVERNMENT (ILG) BOARD OF DIRECTORS
(Research affiliate of California State Association of Counties & League of
California Cities)
(Meets quarterly; meetings rotate between Northern & Southern California)
Director (appointed by League of CA Cities Board of Directors)
Alice Fredericks
6. MARIN CLIMATE ENERGY PARTNERSHIP (ICLEI
Local Governments for Sustainability (Meets I" Thursday, San Rafael Cite Hall)
[Vacant] Delegate (ICLEI)
Laurie Tyler, Staff Liaison & voting board member (Mann Climate Energy
Partnership)
7. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTOR
(Meetings scheduled as needed)
Police Chief Michael Cronin
Jeff Slavitz, Alternate
Capt. David Hutton, 2"d Alternate
Adopted January 6, 2010; updated October 20 and November 17, 2010 Page I of 4
III. TOWN AD HOC COMMITTEES
(Meetings scheduled as needed)
1 2010-2011 BUDGET
i. Alice Fredericks
ii. Jeff Slavitz
2 DEL MAR LITIGATION
1. DICK uonins
ii. Emmett O'Donnell
3 PARADISE DRIVE AGREEMENT
i. Alice Fredericks
ii. Jeff Slavitz
4 MARTHA PROPERTY APPLICATIONS
i. Dick Collins
11. Alice Fredericks
5 LEGISLATIVE ACTION (Mayor/MCCMC Representative)
i. Alice Fredericks
ii. Jeff Slavitz
6 CORPORATION YARD REDEVELOPMENT
i. Dick Collins
ii. Emmett O'Donnell
7 LYFORD DRIVE PARKING
i. Dick Collins
ii. Emmett O'Donnell
8 RECREATION MASTER PLAN
i. Alice Fredericks
11. Jeff Slavitz
9 DOWNTOWN ISSUES
i. Ulck uonins
ii. Jim Fraser
10 SMOKING ORDINANCE
i. Alice Fredericks
ii. Jim Fraser
11 REVIEW OF GARBAGE (MVR'S) CONTRACT
i. Richard Collins
ii. Emmett O'Donnell
Adopted Januaii~ 6, 2010; updated October 20 and November 17, 2010 Page 3 of 4
V. MCCMC APPOINTMENTS
• Elected by MCCMC
Local Agency Formation Commission (LAFCO)
(Meets second Thursday at 7:00 p.m., San Rafael Council Chambers)
Jeff Slavitz
• Town Appointments to MCCMC Committees
1. Legislative Committee
(Meets4thd Monday at 8:00 a.m., San Rafael City Hall)
Alice Fredericks (also serves as Chair)
Dick Collins, alternate
2. JPA Oversight Committee
(Meetings scheduled as needed)
Jim Fraser, delegate
Jeff Slavitz, alternate
3. Marin Green BERST (Green Building. Enerav Retrofit and Solar
Transformation Collaborative)
(Meetings scheduled as needed)
John Kunzweiler, delegate (Planning Commissioner)
Emmett O' Donnell, alternate
4. Pension Reform Subcommittee
(Meetings scheduled as needed; will report quarterly to MCCMC; sunsets in 2011)
Emmett O'Donnell, delegate
Jeff Slavitz, alternate
VI. TOWN APPOINTMENTS IN OTHER AREAS OF INTEREST
MarinMap Steering Committee-
(Meetings scheduled as needed)
Nicholas Nguyen
Chad Monterichard, Alternate
Marin County Hazardous & Solid Waste JPA
(Meets quarterly)
Town Manager Peggy Curran
Adopted Januai-v 6, 2010; updated October 20 and November 17, 2010 Page 4 of 4
TOWN OF TIBURON
1505 Tiburon Boulevard
4- Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Clerk
Town Council Meeting
December 1, 2010
Agenda Item: o~ - 2
Subject: Recommendation to reappoint Roger Smith to the Board of the
Marin/onoma Mosquito & Vector Control District
Reviewed By:
BACKGROUND
Tiburon resident Roger Smith has served as the Town's representative to the Marin/Sonoma
Mosquito & Vector Control District since 1994.
Col. Smith serves on the Board of Trustees of the District and also acts as a resource person to the
Town for questions concerning all kinds of vector control issues. He reports to the Council
annually on local and state-wide vector control, and most recently gave a report to the Council on
November 17, 2010.
Town Staff received a letter from the District's Administrative Assistant, Dawn Williams, on
November 41 2010, informing the Town of Smith's term expiration in December 2010. The letter
also stated that although State law no longer requires an appointed representative to the Board, "it
is in the best interest of all concerned to have the widest possible citizen participation in the
District."
Col. Smith has indicated his willingness to continue to serve the Town as a citizen representative
to the District.
RECOMMENDATION
Staff recommends that the Town Council:
Reappoint Roger Smith to represent the Town of Tiburon on the Marin/Sonoma Mosquito
and Vector Control District Board of Trustees.
Exhibit: Letter from MSMVCD, dated November 2, 2010
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
X1.1 /S O)vo
'Fc-roR cod
595 Heiman Lane
Cotati, CA 94931
300.231.3236 or 707.285.2200
707.285.2210 fax
,vww.msmosquito.com
BOARD OF TRUSTEES
Tom Rradner, President
Lorkspo?
harles ROur\, \ iie President
tiollorrru
Ed SChulve, Secretary
Marin County at large
Paul I.ibeLI, Treasurer
Rolinert [lark
Tamara Davis
Sonoma County at Large
Judith Trusendi
San Rafael
Steve Ayala
Petaluma
Henry Fulls
Cotati
Bill Pitcher
Santa Rosa
Richard Stabler
Sonoma Courr(y at Urge
Sandra [toss
,N i1! 1'allcr
Frank Eger
l-crirra.,
Mark Burger
lviridsor
Herman %wart
Novato
Guy WilSOn
Sebastopol
William Holland
San Ansehnrr
Roger Smith
Tiburon
. Margaret Graham
iv,111 irr C ,01111h t L rr Vic,
November 2, 2010
Town Clerk
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Dear Town Clerk:
Nov - 4 2010
The current term of Roger Smith, the Tiburon representative to our
District's Board of Trustees, expires December 2010. While it is no longer
mandated that you appoint a representative to our Board {Health and Safety Code:
Division 3, Chapter 5, Article 3, Section 2240 (d)), it is in the best interest of all
concerned to have the widest possible citizen participation in the District. As an
active, interested trustee, he helps us remain a governmental agency that is highly
responsive to the public health and comfort needs of the residents living within the
District.
The following information is sent to assist your elected officials in the
appointment process. Both sections can be found in Article 3 of the California
Health and Safety Code.
Section 2242-43 states that "an appointee shall be an elector of the
appointing city/county. from which they are appointed. "
And:
Section 2245(c) "sets a limit of two years on an initial appointment but
allows 2 or 4 years on any subsequent consecutive reappoint. "
Thank you for your prompt consideration of this matter.
Sincerely,
Dawn Williams
Administrative Assistant
MSMVCD
CC: File, Trustee Smith
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
December 1, 2010
Agenda Item: 6`~-,3
Subject: Revised Meeting Minutes - October 20, 2010 Town Council Meeting
Reviewed BY o
BACKGROUND
At the November 17, 2010 Council meeting, a discrepancy was noted in the October 20, 2010
Town Council meeting minutes. The Town Clerk has confirmed that Vice Mayor Slavitz was
indeed absent at the October 20 meeting, and that the remarks attributed to him on pages 6 and 7
of the minutes were actually made by Councilmember Fraser.
Other changes to the minutes, entered into the record by Councilmember O'Donnell, have also
been incorporated into the revised minutes.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt the revised minutes of the October 20, 2010 Town Council meeting.
Exhibit: Revised minutes
Prepared By: Diane Crane Iacopi, Town Clerk
TOWN OF TIBURON PAGE 1 OF 1
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, October 20, 2010, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Fraser, O' Donnell
Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
ORAL COMMUNICATIONS
None.
PRESENTATION
• Marin Commission on Aging Annual Report (Allan Bortel, Chair)
Mr. Bortel updated the Council on the activities of the Commission, which he said focused on
healthy aging, aging in place, and transportation assistance to allow seniors to stay in their
homes.
Bortel reported on the new "'Senior Access" program at St. Stephens Church in Belvedere which
will provide a place for persons with Alzheimers and dementia to gather on a daily basis, and
will also provide a respite for their caregivers.
He said the next Commission meeting would be on November 4 at Town Hall and will provide
information and answers to insurance problems faced by seniors.
The Mayor and Council thanked Mr. Bortel for his report and his service.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page I
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of October 6, 2010 Regular Meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary - Accept August 2010 report (Director of Administrative
Services Bigall)
3. Grand Jury Report re: School Resource Officers - Approve Town response and
authorize Town Manager to send letter to Grand Jury on behalf of Town Council (Town
Attorney Danforth)
4. Non-motorized Transportation Pilot Program (NTTP) for Steps, Lanes and Paths
(Cayford, Jefferson, and Upper Raccoon Lane) - Accept project as complete and
authorize filing of Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
5. Town representation on Marin Emergency Radio Authority Board of Directors -
Appoint Captain Dave Hutton as second alternate to represent Town of Tiburon on the
MERA Board of Directors (Chief of Police Cronin)
MOTION: To approve Consent Calendar Item Nos. 1 through 5, as written.
Moved: O'Donnell, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Slavitz
PUBLIC HEARINGS
Smoking Ordinance Revisions - Introduction and First Reading of an Ordinance
Repealing Title VI, Chapter 28 (Smoking & Tobacco Regulations) and adopting a new
Title VI, Chapter 28 (Smoking & Tobacco Regulations) of the Tiburon Municipal Code
- (Director of Community Development Anderson)
Director Anderson gave the report. He said that the Town adopted its current smoking and
tobacco regulations in 1992. Since that time, he said there have been changes in state smoking
laws, increased interest by citizens in the regulation of smoking, and a deeper understanding of
the dangers of smoking and exposure to smoke. In response, many communities, both locally
and nationally, are adopting more stringent regulations regarding smoking and the sale of tobacco
products. In 2008, Anderson said the City of Novato adopted the most restrictive smoking
ordinance currently in Marin County, and this ordinance is being used as a model for smoking
ordinance updates in least four other municipalities in Marin County.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 2
Anderson said that in March 2009, during the annual Town Council/Staff Retreat, the Council
directed staff to begin a review of the Town's smoking ordinance provisions for possible
modification. Following that, in May 2009, the County's Department of Health and Human
Services provided the Town with a red-lined ordinance containing its recommended changes to
the Town's ordinance, largely based on the City of Novato's ordinance.
In early 2010, Anderson said the Town Council appointed an ad-hoc subcommittee of
Councilmembers Fredericks and Fraser to work with and advise staff regarding possible smoking
ordinance revisions. He said the Committee met several times, reviewed several drafts, and
provided valuable guidance to staff in the development of the current draft ordinance.
Because the revisions to the existing ordinance are substantial, Anderson said that a new
ordinance was being provided to Council for their consideration. Specifically, this draft
ordinance would newly prohibit smoking in the following areas:
• All public parks under the Town's control
• All hotel and motel rooms
• 50% of existing apartment units on premises with 4 or more units, including all common
areas therein, whether enclosed or not
• 75% of new apartment units on premises with 4 or more units, including all common
areas therein, whether enclosed or not
• All outdoor eating areas
• All areas with 25 feet of entrances or openings to public buildings and all areas within 25
feet of any entrance or opening to an enclosed area in a multi-unit residence where
smoking is prohibited
Anderson also noted that smoking in Town open spaces has been prohibited since 1978, but this
prohibition is imposed by rules adopted through a chapter of the Municipal Code regulating
Open Spaces (Chapter 18). The prohibition 'on smoking in open spaces is not currently contained
within the Town's Smoking Ordinance, and would be added to it. The draft ordinance would
also eliminate an existing exception that allows smoking in cocktail lounge areas of restaurants.
Unlike the City of Novato ordinance, Anderson said the Town's draft ordinance would not
impose extensive prohibitions on smoking in unenclosed public places (other than those included
in the list above), such as at unenclosed public events and on public streets.
He said that Town staff considers smoking prohibitions in such unenclosed areas to be largely
symbolic in nature and probably unenforceable in practice. The draft ordinance, for the same
reason, would also not include the City of Novato provisions on second-hand smoke, which
would prohibit, and declare a public nuisance and trespass, the presence of second hand smoke
within a "reasonable distance" of any entrance or opening to a place of human habitation,
including all dwellings, dwelling units, and residential uses and structures. A reasonable distance
in the Novato ordinance is defined as twenty (20) feet or more.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 3
Anderson addressed the issue of smoking in multi-family dwellings. He said the Town's draft
ordinance provisions prohibiting smoking in 50% of multi-unit residence units would not be
retroactive to current lessees who smoke; the designation of a non-smoking apartment unit would
not be applicable to the current leaseholder as long as that person' lease remains continuously in
effect.
The Director said the ordinance would take effect 180 days from its adoption to allow sufficient
time for affected landlords, owners and businesses to comply with its provisions. Compliance
could include new or additional "no-smoking" or tobacco-related signs; designation and listing of
50% of units as non-smoking units in multi-unit residences; preparation of floor plan drawings
and amendments to lease documents for units in multi-unit residence complexes; installation and
marking of designated smoking areas (optional) in multi-unit residences; and compliance with
regulations regarding the placement of ash cans, ash trays, and other smoking-related receptacles.
Outreach
Anderson said the ad hoc Council Committee and staff held an informational meeting in July
2010 to which all owners of the 51 affected apartment complexes in Tiburon were invited. Five
owners/managers attended the meeting and provided comments that focused on clarifying the
landlord liability provisions, reducing the extent of required signage, which could become
unsightly and burdensome. Revisions have been incorporated into the draft ordinance in an
attempt to address these concerns.
He said that hotel managers, restaurant proprietors, homeowner association contacts, the
Chamber of Commerce, the County Health & Human Services Department, and interested
persons who have previously contacted the Town on this issue were also notified of the public
hearing. Finally, Anderson said that a draft of the proposed ordinance has been on the Town
website in the "News" box since July.
Director Anderson said that staff anticipates that there would be no direct fiscal impacts to the
Town from adoption and implementation of the Ordinance. Currently, Town staff is required to
devote little time or effort in responding to smoking complaints or violations of Chapter 28
provisions. The revised regulations could result in an increased number of complaints and
enforcement actions that would primarily be the responsibility of the Police Department to
enforce. However, the increased enforcement efforts are not expected to require additional
personnel or resources at this time.
Anderson said that adoption of the proposed ordinance is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15308
and 15061(b)(3) of the CEQA Guidelines.
He recommended that Council conduct a public hearing on the proposed ordinance and consider
passing first reading, if appropriate.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 4
Mayor Collins asked if there were any questions from the Council.
Councilmember Fredericks asked whether marijuana smoking, and sidestream smoke, would be
restricted if Proposition 19 passed. Town Attorney Danforth said that the ordinance defined
smoking to include "other smokeable materials" and if Proposition 19 passed, it would not ban
marijuana smoking outright, but would limit it like other smoke.
Councilmember Fredericks said that she found the definitions in the proposed ordinance to be
confusing. She said that it seemed indicate that only tobacco products containing nicotine were
harmful, while a recent study published by the Institute for Local Government also described the
adverse health effects of ` side stream' marijuana smoke.
Town Manager Curran said the ordinance would be written to be as expansive as possible to
include all smokeable materials, as noted by the Town Attorney. The Town Attorney said that
while the Town could not protect people from the ill effects of smoke completely, it could
regulate where people smoked.
Mayor Collins suggested expanding the language to include more than just tobacco smoke in the
definition section of the ordinance. Town Attorney Danforth clarified that the section defining
"tobacco products" applied only to the regulation of sales, not the broader definition of smoking.
Councilmember O'Donnell asked for clarification about the proposed ban on smoking at Town
or public events, such as the Art Festival, Classic Car Show, and Friday Nights on Main.
Director Anderson said the ordinance did not contemplate regulation of smoke in unenclosed
public areas, but if there was an enclosed tent, for instance, it could be regulated. Mayor Collins
and Councilmember Fraser said they could support a broader application of the "public event-
related smoking prohibition, including public events that are not strictly enclosed.
Council asked about enforcement issues. Chief Cronin said that violations could be enforced
through administrative citation or more stringently, they could be treated as a misdemeanor [in
certain instances] or as an infraction. He said that the latter options would require prosecution by
the Town Attorney and that it would be preferable to use the administrative citation process, in
his opinion.
Chief Cronin noted that compliance with any new ordinance takes a while to take hold, and cited
the example of legislation banning smoking in bars. He said that he viewed it as an opportunity
to educate people about the law and expressed optimism that "we almost always get compliance"
in the end.
Mayor Collins said that he would support the prohibition of smoking at all special (public)
events. He also asked about prohibition of smoking at health facilities and the workplace. Town
Attorney Danforth said that smoking was currently banned under state law at places of
employment.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page S
Director Anderson noted that Section 28-5 and 28-6 of the Town's ordinance also listed places of
employment, waiting rooms, health facilities, etc., where smoking is prohibited.
Mayor Collins opened the public hearing.
The following members of the public spoke:
• Vicky Tuorto, Hilarita resident, said that the grandfathering of long-tenn tenants under
the proposed ordinance offered no protection to current, non-smoking tenants; she said
that property managers might be willing to take direction from the Town to relocate
people to non-smoking (or smoking) areas if the ordinance required it.
Director Anderson said that he was not aware of any ordinances that applied retroactively to
existing tenants although some might exist; he said that they would be difficult to enforce.
Councilmember Fraser asked about common ventilation systems (in multi-
family dwellings). Anderson said the ordinance would require separate ventilation systems in all
new construction but not existing dwellings. He said that landlords who sought to create 50%
non-smoking areas under the new ordinance would have to create "functionally separate areas" to
the extent practicable.
Dave Albert asked about smoking in condominiums; Anderson said that smoking was
allowed in owned units, even if they were rented out to other parties;
• Bob Curry, County of Marin, speaking on behalf of the Marin Smoke-Free Coalition, said
that compliance was very high in Marin County because residents understand the dangers
of smoke and second-hand smoke; he also commented that while some ordinances don't
allow grandfathering of tenants, some jurisdictions (outside of Marin County, such as
Richmond and Contra Costa) had adopted stricter ordinances; he said that the County of
Marin's ordinance did not address this issue but that it was currently being worked on;
• Barbara Warren, Ned's Way, said that her breathing was affected by smoking neighbors
and that there was no way to escape the smoke which she said came through the walls and
into her open windows; she asked the Council to consider adopting a stricter ordinance
because smoking "killed people" and costs millions of dollars in health costs;
• Judith Lorenzo, Bay Area Resources, said that their smoking cessation classes had a high
success rate and offered an important support resource; she said she could be contacted at
smokefreemarin.com;
• Elaine Enochs also asked the Council to consider a stricter ordinance that did not
grandfather tenants; she said that smoking was a problem where she lived and that air
purifiers did not work.
Mayor Collins closed the public hearing.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 6
In response to the public testimony, Councilmember Fredericks asked at what point a
landlord would be required to take action, under the proposed ordinance, to address the issues
of smokers and non-smokers.
Anderson said that by the time the proposed ordinance goes into effect (180 days), a landlord
would have to have designated which 50% of the units would be non-smoking, but noted that
there would be no requirement to relocate tenants.
Councilmember Fredericks asked what the average duration of a lease was, and whether
month-to-month tenancies would be affected.
Town Attorney Danforth said that as long as a tenant's lease was continually in place, this
ordinance would not require termination. She said that the ordinance did not require landlords
to do anything about existing tenancies.
Mayor Collins said that he would be in favor on considering a "tougher" ordinance to address
these issues. Councilmember Fraser concurred, and asked whether it would be possible to
create an ordinance that provided landlords with a reasonable time frame to "reshuffle the
deck" with existing tenants.
Councilmember O'Donnell and Fredericks said they could also support a stricter ordinance.
Mayor Collins added that "we are the trustees of public health" as elected officials.
Town Attorney Danforth said that it might be possible to require landlords to move smoking
tenants to smoking areas when vacancies occur; the consequence would be that they (the
smoking tenants) would lose their existing units.
Town Manager Curran said that it might be possible to strengthen the ordinance to provide
for "clustering" of smoking and non-smoking tenants, but in any event, it would stop short of
evicting people.
Councilmember Fraser suggested adding a due date by which all tenants
must be "reshuffled".
Town Attorney Danforth said that further research would have to be done by staff to look into
these ideas.
O'Donnell said he would also be in favor of banning smoking at outdoor public gatherings
sponsored or encouraged by the Town to protect children and families. Town Manager
Curran said this could be regulated, at least in part, through the special event permit process.
Councilmemmber Fredericks suggested further modifications to Section 16-B of the proposed
ordinance to include the right of smokers to breathe tobacco-free air, as well the
modifications to address the issues of side-stream smoke (in Sections A-10,11).
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 7
Town Manager Curran said that staff would work on incorporating the Council's comments
into a new draft of the ordinance which would be circulated first to the Council subcommittee
and then to the Council.
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
Town Manager Curran reported to the Council on a proposal by the Chamber of Commerce
to close Main Street and include an artificial ice rink as part of its annual holiday festivities.
Curran said she asked the Council's permission for any new street closure; Council indicated
its willingness to move forward with these plans, as requested.
Town Manager Curran also reported on a request by Steve Sears for an information kiosk of
some sort to be placed in the downtown area. She asked Council's guidance to discuss this
issue with the Downtown subcommittee.
Councilmember Fredericks said that she would prefer not to see a structure in the ferry plaza
area, and suggested that information could be obtained in the area where newspaper racks
were currently located across from the ferry gate.
Town Manager Curran said the kiosk might provide directions and other information
important to tourists; however, she said that no particular location had yet been identified.
Councilmember Fraser asked about the possibility of electronic signage; he also said this
could be part of a broader idea of "branding" for the Town.
Town Manager Curran said that all these considerations could be discussed by the committee.
She also said that the signage at Blackie's Pasture and the Cove was being studied in the
context of the Town's sign policy and the "branding" described by Councilmember Fraser to
make theirs more attractive.
Finally, Town Manager Curran recommended the formation of a council subcommittee to
study the recommendations of staff and outside counsel in the drafting of a new long-term
contract with Mill Valley Refuse Service. She asked Councilmember O'Donnell and Mayor
Collins whether they would be willing to serve, now that the litigation from the Del Mar
lawsuit had been resolved. Both members said they would be willing to serve.
Revised
DRAFT Town Council Minutes #xx -2010 October 20, 2010 Page 8
WEEKLY DIGESTS
• Town Council Weekly Digests - October 8, 2010
Town Council Weekly Digests - October 15, 2010
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 8:48 p.m.
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Revised
DRAFT Town Council Minutes #xx -2010 Octobe7• 20, 2010 Page 9