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Home My WebLink AboutTC Digest 2011-03-31TOWN COUNCIL WEEKLY DIGEST March 28 -March 31, 2011 Ti l6» rnri 1. Memo - Ann Danforth - Proposed Campaign Finance Ordinance Independent Expenditure Committees 2. Application to Planning Commission - Camille Bosworth 3. Email - Harvey Rogers - March Progress Report for Blackie's Garden Agendas & Minutes 4. Agenda - Design Review Board - April 7, 2011 Regional o a) The Voice - Sound & Communications Technology News - First Qtr 2011 b) Comcast California - February 2011 c) Announcement - ABAG Spring General Assembly - April 14, 2011 d) Estuary - Bay/Delta News - April 2011 e) Invitation - Celebrate International Compose Week f) Great Age - Newsletter - Marin County Commission on Aging - Spring 2011 Agendas & Minutes g) None * Council Only TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 • s MEMORANDUM Date: March 24, 2011 To: Mayor and Tiburon Town Council From: Ann R. Danforth, Town Attorney Diane Crane Iacopi, Town Clerk Subject: Proposed Campaign Finance Ordinance Independent Expenditure Committees BACKGROUND AND SUMMARY Marin County and the City of San Rafael have both passed ordinances requiring disclosure and reporting of independent expenditure committees beyond the existing requirements of state law. On March 2, 2011, the Council heard a presentation urging the Town to adopt similar regulations. The proponents argued that the regulations will inhibit inaccurate "late hit" campaign communications that can mislead voters and come too late in the campaign season to be rebutted by contrary communications. The Council endorsed the proponents' goals of increased transparency. However, Council members questioned the need for such regulations in Tiburon; they directed staff to evaluate whether the Town of Tiburon should adopt campaign finance regulations similar to the San Rafael's or pursue other actions to provide public information about the sources of campaign financing. Upon review, we conclude that State law currently requires sufficient reporting and disclosure. We cannot recommend that the Town add to the already considerable filing burdens imposed by existing laws. However, we believe that the Town could take steps to make the information more easily available to the public. ANALYSIS A. Existing Law The California Fair Political Practices Commission ("FPPC") regulates campaign expenditures, requiring reporting and disclosure of independent expenditures by "independent expenditures committees." An independent expenditures committee is a person or entity that makes one or more independent expenditures totaling $1000 or more. An "independent expenditure" is a payment for a communication that expressly advocates the election or defeat of a clearly identified California state or local candidate or the qualification, passage, or defeat of a clearly identified state or local ballot measure, and the communication is not coordinated with or "made at the behest" of the affected candidate or committee. The FPPC requires independent expenditure committees to file reports throughout the year, disclosing the person or entity making the expenditures and the payee. The reporter must (a) list separately any independent expenditure of $100 or more; and (b) the aggregate total of independent expenditures of less than $100 each. The list must include the name, street address, city, state, and zip code of the payee. The FPPC has published the following forms for reporting purposes: • Each independent expenditure committee that makes independent expenditures totaling $1000 or more in a calendar year must report those expenditures by filing Form 461 (Major Donor and Independent Expenditure Committee Campaign Statement). The filing location for Form 461 depends on the nature of the election. For a Tiburon contest, the reporter must file the form with the Town Clerk and the Secretary of State. • If the total expenditures are $500 or more, the reporter must file two pre-election statements. Otherwise, the reporter files semi-annually. • If the reporter makes independent expenditures totaling $1,000 or more to support or oppose a single candidate or measure, he must also file Form 465. This form requires additional information about the reporter and must be filed at the same time that the candidate or ballot measure committee must file statements. • If the reporter makes independent expenditures totaling $1000 or more within 16 days prior to the election, he must also file a Form 496 within 24 hours of making the expenditure. The timing of the required filings depends on the election date; the FPPC publishes a schedule for each election. For example, the schedule for the November 10, 2010 elections required independent expenditure committees to file the following: February 1, 2010: semi-annual filing of Form 461 for the period ending on December 31, 2009 (for expenditures since last filing of Form 461). March 22, 2010: pre-electing filing of Form 461 required if committee made independent expenditures of $500 or more during January 1St to March 17tH May 27, 2010: pre-electing filing of Form 461 required if committee made independent expenditures of $500 or more during March 18th to May 22nd 2 August 2, 2010: semi-annual filinE of Form 461 for the period from May 23rd (day after last filing of Form 461) to June 30t . October 5, 2010: pre-electing filing of Form 461 required if committee made independent expenditures of $500 or more during the period from July 1St to September 30th. Form 465 also required if the committee made independent expenditures of $1000 or more to oppose or support candidate or ballot measure on November 2nd ballot during that period. October 21, 2010: pre-electing filing of Form 461 required if committee made independent expenditures of $500 or more during the period from October 1 st to October 16 . Form 465 also required if the committee made independent expenditures of $1000 or more to oppose or support a candidate or ballot measure on November 2nd ballot during that period. Within 24 hours: File, by overnight delivery, fax or personal delivery, Form 496 to report expenditures independent expenditures of $1000 or more to oppose or support a candidate or ballot measure on November 2nd ballot during the period between October 17 and November 1 st (i.e, the last 16 days before the election) January 1, 2011: semi-annual filing of Form 461 for the period ending on December 31, 2010 (for expenditures since last filing of Form 461). The FPPC also regulates the contents of campaign communications funded by independent expenditure committees. Broadcasts and mass mailings must identify the committee making the expenditure; if the communication identifies a specific candidate, it must include a statement that neither the candidate nor a committee controlled by the candidate authorized the communication. B. The San Rafael Ordinance The San Rafael ordinance adds several new filing requirements. During the last 90 days before each election, independent expenditure committees must file Form 496 within 24 hours every time their expenditures total $1000. In addition, each time the FPPC requires the committee to file a Form 465 anywhere in the state, the committee must file that form with the Town Clerk. All forms required by the ordinance must be sent to the Independent Journal and (i) all other candidates for the Town elective office that is the subject of the expenditure; or (ii) committees primarily formed to oppose or support the measure that is the subject of the expenditure. The San Rafael ordinance also requires campaign communications funded by independent expenditure committees to identify the name of the person or committee making the expenditure and the name, city and state of residence of each person contributing a total of $2000 or more to the person or committee making the expenditure. The communication must also state that (i) if directed at an election for office, the communication was not authorized by a candidate or committee formed primary to support that candidate or (ii) if directed at a ballot measure, was not authorized by a committee formed primarily to support or oppose that measure. 3 C. Does Tiburon need a Similar Ordinance? The proposed ordinance is directed at a real problem in elections - misleading campaign communications published too late in the election cycle for effective rebuttal. The ordinance would not prevent such communications; such a prohibition would probably violate constitutional guarantees of free speech. However, the ordinance seeks to publicize the interests behind these late communications, on the apparent assumption that communications motivated by private agendas will be less effective if the public learns the source of funding. This assumption may well be true, at least with an informed and engaged electorate. However, current law already requires independent expenditure committees to report most of the information covered by the ordinance; once reported, that information is public. The ordinance reports more prompt reporting (i.e., within 24 hours) within 90 days before an election, rather than the sixteen days provided in state law. However, state requirements capture those earlier expenditures by earlier reporting. State law also requires independent expenditure committee campaign communications disclose their source of funding to nearly the same extent as the ordinance. The ordinance's most significant addition is the requirement that these communications disclose significant contributors to their funding. The ordinance would increase administrative workload associated with campaign finance. Filing requirements would remain the same for candidates and committees primarily formed to support or oppose candidates or ballot measures. However, the Town Clerk would have to track several more reports than currently. Most problematic would be enforcement of the ordinance. The San Rafael ordinance places this responsibility on the City Clerk. In San Rafael, the Clerk is an elected official. In Tiburon, the Clerk would be placed in the awkward position of issuing citations to her current or potential bosses. State law is enforced by the County District Attorney and the California Attorney General, which avoids this problem. RECOMMENDATION As noted at the March 2nd Council meeting, Tiburon has not experienced the type of "late hit" campaigning that motivated the County and San Rafael to adopt their requirements. In staff's view, the Town's potential benefit from a similar ordinance does not warrant the disadvantages. That said, the San Rafael ordinance significantly improves public access to reported information by requiring the City Clerk to send all reports to the Independent Journal and post copies on the city's website. We believe that the Town should consider an administrative policy that adopts a similar practice. This would achieve the transparency goals of the proposed ordinance while avoiding its disadvantages. 4 03/28/2011 18:11 FAX 415 499 6898 MARIN PUBLIC DEFENDER 1&001/003 • VIA Camille Bosworth 100 Eastview Ave., Tiburon, CA 94920 cam illebos•,vorth(d-Nahoo.com (858) 2324016 March 28, 2011 Diane Crane Iacuhi Town Clerk 1505 Tiburon Blvd. Tiburon, CA 94920 Fax: 415.435.2438 Re: Application to Servc on a Town Board Dear Ms. Crane Iacopi, EC N WE 1 MAR z 9 2011 TOWN CLERK TOWN OF TIBURON Attached please find my application to serve on a Tiburon town board. I am particularly interested in Planning Commission. Please feel free to contact me if you would like any additional information. I look forward to hearing; from you. Best, Camille Bosworth 03/28/2011 18:12 FAX 415 499 6898 MARIN PUBLIC DEFENDER 10002/003 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 unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in ser-vir h th e Town in some capacity. Please indicate your specific areas of interest 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. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on f i l e at Town Hall for a period of one (1) year. Tha,ik yot for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk ***4-******************************************* ARIAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) 1 PLANNING 2 PARKS & OPEN SPACE # -DESIGN REVIEW ,t RECREATION HERITAGE Sz ARTS # DISASTER PREPAREDNESS # LIBRAR" MA.RIN COMMISSION ON AGING # RICYCLL/PEDESTRIAN ADVISORY COMMITTEE 03/28/2011 18:12 FAX 415 4ti9 6898 MARIN PUBLIC DEFENDER 10003/003 PERSONAL, DATA - Only computer-generated or typewritten copy will be accepted; Attach seiiarate pages, including resumes and cover letters, if necessary. NAME: C;ar.1i11t2 ,•(j0rLrl thong MAI LING ADDRESS: 100 Eastview Avenue, Tiburon, CA 94920 r~nLJ~4U1b 4°y-%500 TELEPHONE: Home: Work: Fax No. 499-7500 PROPERTY OWNERS' ASSOC. (If applicable) <Enter Bere> TIBURON RESIDENT: (Years) 5 years DA'C'E SUBMITTED: March 28, 2011 REASONS FOR SELECTING YOUR ARIi,AS OIANTEREST I ] ,o in cio„nrc.--: 'Iiburon anci am very interested in the ongoing changes and shif--s in ou c ;::u~l:nity. Planning Commission tries to ensure positive change whmeet.-nu community's needs. I would like to contribute to this. APPLICABLE QUALLFICATIONS AND E X}'I;R.IIJNCE As attc>rr -y, ~m sk_Iled in analyzing information, weighing interests and sec~_ ag fa--r res,i-t-. am also able to communicate the reasoning behind my decision making pi occss. During my time in Tiburon, I have closely followed loc_-, news; a7.d ttc~;ded meetings of the Design Review Board, Town Council and mos- recently, :'iar:ning Corrunissior.. I understand the role of the different er. .es and I to use my sk, its for the benefit of the community and ' o briny :1e- :i1J-_ Lt3 tugether. ----------------------------------------------Town Hall use Date Xpplication Receir.,ed: Appwrited to: (Coiwnission, Board or Coramittee) Date "term Expires: Interview Date: (Date) Length of Term: 2 EST Page 1 of 1 DIG Peggy Curran ' From: Harvey Rogers [harvnan2@sprynet.com] Sent: Tuesday, March 29, 2011 7:34 AM To: Peggy Curran Subject: FROM HARVEY - MARCH PROGRESS REPORT FOR BLACKIE'S GARDEN MARCH 2011 PROGRESS REPORT at Blackie's Garden In March we had MANY work sessions: Of the three new areas that we started October 2010 we completed the second one by planting 6 Tecoma Capensis(cape honeysucle) shrubs planted 5 feet apart. These have orange blossoms (already) and will bloom all winter long + into the spring & eventually get wide enough to fill that area and give us a spectacular show every year. For the third new area, Tiburon Public Works removed a tremendous patch of overgrown Salvia Hot Lips for us. (We have more of these Hot Lips left in other areas) That gave us the opportunity to have a new garden area of about 15 feet X 14 feet. We took out about 35 Salvia Chamroides (gentian blue flowers when in bloom) & temporarily put them aside (for an hour) while planting that area with a type of Yarrow next to the curb that gets only 6 inches high & has pure white blooms. Then we transplanted the Salvia Chamroides further toward the center of the garden. Next we planted 2 rows of a dwarf Aloe (Johnson's) that will give us orange blooms from March until November (almost all year! We also ordered 3 Potentilla Goldfinger which will not be available until mid April for that same area. They will get to 5 feet X 5 feet and have huge bright yellow blooms not only at the top but all the way down the sides. AND those will bloom for 5 months. All of these plants are very drought tolerant and also deer resistant. What a spectacular display we should have by this summer! Also much weeding - especially Cress but also Carolina geranium weeds and Ground Sel + some Bermuda grass. Submitted by HARVEY ROGERS 3/29/2011 y TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Regular Meeting Design Review Board April 7, 2011 7:00 P.M. Chairman Tollini, Vice Chairman Kricensky, Boardmembers Chong, Emberson & Weller ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING (if any) OLD BUSINESS 1. 112 HOWARD DRIVE: File No. 21102; Rob Mickel & Marilyn Zimmerman, Owners; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with Variances for reduced front yard setback and excess lot coverage and a Floor Area Exception. The applicants propose to add 378 square feet to the home by expanding the garage and front entry of the home, and incorporate a larger kitchen at the rear of the home. The additions would increase the total floor area to 3,375 square feet, which exceeds the maximum floor area ratio of 3,323 square feet. The additions would result in a lot coverage of 24.6% which exceeds the maximum permitted in the RO-2 zone (15.0%). The expansion at the front entry would further encroach into the front yard setback, for a total reduced front yard setback of 23'4" in lieu of the minimum 30' required in the RO-2 zone. APN 039-141-01 [LT] PUBLIC HEARINGS AND NEW BUSINESS 2. 4 MCCART COURT: File No. 711022; Bruce Lavine and Lisa Zimmerman, Owners; Site Plan and Architectural Review for construction of additions to an existing single- family dwelling, with a Floor Area Exception. The applicants propose to construct 864 square feet of additions to the main and upper floors of the existing house, convert existing living space into an attached garage, change the roof design and add 5 skylights. The additions would increase the total floor area to 3,592 square feet, which exceeds the maximum floor area ratio of 3,408 square feet. Assessor's Parcel No. 055-171-22. [LT] Design Review Board April 7, 2011 Page 1 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Design Review Board April 7, 2011 7:00 P.M. 3. 1915 STRAITS VIEW DRIVE: File No. 21101; John Jiang & Ning Lang, Owners; Site Plan and Architectural Review for construction of a new single-family dwelling, with a Variance for excess lot coverage. The applicants propose to construct a 4,099 square foot house with a 3,612 square foot basement, along with an attached two-car garage, swimming pool, spa and new retaining walls and landscaping. The proposed lot coverage of 4,151 square feet (19.1 would be greater than the 15.0% maximum lot coverage permitted in the RO-2 zone. APN 038-301-35 [DW] MTNT TTF 3. Regular Meeting of March 17, 2011 ADJOURNMENT Design Review Board April 7, 2011 Page 2