HomeMy WebLinkAboutTC Minutes 2010-10-20TOWN 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:
PRESENT
COUNCILMEMBERS:
Collins, Fredericks, Fraser, O'Donnell
Slavitz
EX OFFICIO: 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.
Town Council Minutes #16 -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
1. 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.
Town Council Minutes #16 -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.
Town Council Minutes 416 -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.
Town Council Minutes #16 -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.
Town Council Minutes #16 -2010 October 20, 2010 Page 5
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-term 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.
Town Council Minutes #16 -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.
Councilmember 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).
Town Council Minutes #16 -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 them 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.
Town Council Minutes #16 -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
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DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #16 -2010 October 20, 2010 Page 9