TUESDAY, FEBRUARY 19, 2019, 6:30 PM · 2019-02-15 · Corte Madera operates its temporary pooled...

Bob RavasioMayor

James AndrewsVice Mayor

Sloan BaileyCouncilmember

Eli BeckmanCouncilmember

David KunhardtCouncilmember

Town of Corte Madera Regular

Town Council Todd CusimanoTown Manager

Teresa StrickerTown Attorney

Rebecca VaughnTown Clerk

Town Hall300 Tamalpais Drive

Corte Madera, CA 94925 townofcortemadera.org

TUESDAY, FEBRUARY 19, 2019, 6:30 PM

1. CALL TO ORDER, ROLL CALL AND SALUTE TO THE FLAG

2. OPEN TIME FOR PUBLIC COMMENT

At the beginning of each regular Town Council meeting, any member of the public may addressthe Town Council concerning any item not on the Council's agenda. Speakers will be limited tothree (3) minutes unless otherwise specified by the Mayor or the Presiding Officer. The publicwill be given an opportunity to speak on each agenda item at the time it is called. The Councilmay discuss and/or take action regarding any or all of the items listed below. Once the publiccomment portion of any item on this agenda has been closed by the Council, no furthercomment from the public will be permitted unless authorized by the Mayor or the Council and ifso authorized, said additional public comment shall be limited to the provision of information notpreviously provided to the Council or as otherwise limited by order of the Mayor or Council.

3. PRESENTATIONS

3.A. Central Marin Fire Authority Annual Report to Council

- Presentation provided by Fire Chief Scott Shurtz

3.B. Central Marin Police Authority Annual Report to Council

- Presentation provided by Police Chief Michael Norton

1

https://www.townofcortemadera.org/

4. CONSENT CALENDAR

The purpose of the Consent Calendar is to group items together which are routine or have beendiscussed previously and do not require further discussion. They will be approved by a singlemotion. Any member of the Town Council, Town Staff, or the Public may request removal of anitem for discussion. Rescheduling of the item(s) will be at the discretion of the Mayor and TownCouncil.

4.A. Authorize Introduction and/or Adoption of Resolutions and Ordinances by TitleOnly. (Standard procedural action – no backup information provided)

4.B. Approve Annual Statement of Investment Policy

Recommendation: Approve item as requested4.B. Staff Report and Attachment.pdf

4.C. Receive and File January 2019 General Fund Revenue and ExpenditureReport

Recommendation: Receive and file item as requested4.C. Staff Report and Attachments.pdf

4.D. Approve Accounts Payable Warrants for January, 2019

Recommendation: Approve item as requested4.D. Staff Report and Attachment.pdf

4.E. Approval of Minutes of the February 5, 2019 Regular Town Council Meeting

Recommendation: Approve item as requested4.E. 020519 Draft Corte Madera Regular Town Council Minutes.pdf

5. PUBLIC HEARINGS

5.A. Public Hearing To Consider Introduction Of Ordinance No. 983, An OrdinanceOf The Town Council Of The Town Of Corte Madera (1) Amending CorteMadera Municipal Code Title 5 (Business Licenses and Regulations) To AddTobacco Retailer License Requirement, Prohibit The Sale Of FlavoredTobacco Products and Prohibit Pharmacies From Engaging in TobaccoRetailing, and (2) Determining That The Adoption Of The Ordinance Is ExemptFrom The California Environmental Quality Act (CEQA)

Recommendation: Conduct Public Hearing and consider introduction ofOrdinance No. 983

2

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310952/4.B._Staff_Report_and_Attachment.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310964/4.C._Staff_Report_and_Attachments.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310965/4.D._Staff_Report_and_Attachment.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310966/4.E._020519_Draft_Corte_Madera_Regular_Town_Council_Minutes.pdf

5.A. Staff Report and Attachments.pdf

6. BUSINESS ITEMS

6.A. Update To Council Regarding Observations From The Northbound Sanford AtCasa Buena Trial Closure And Request For Direction To Staff To Make MinorAdjustments To Plans, Specifications, And Cost Estimate Based OnSuggested Intersection Improvements

Recommendation: Receive update and provide direction to staff6.A. Staff Report and Attachment.pdf

7. TOWN MANAGER AND COUNCIL REPORTS

Town Manager Report Council Reports

8. REVIEW OF DRAFT AGENDA FOR UPCOMING TOWN COUNCIL MEETING

8.A. Review of Draft Agenda for March 5, 2019 Town Council Meeting

Recommendation: Review draft agenda and provide direction to staff8.A. 030519 Draft TC Agenda.pdf

9. CLOSED SESSION

9.A. CONFERENCE WITH REAL PROPERTY NEGOTIATORClosed Session Pursuant to Cal. Gov’t Code Section 54956.8Property: 518 Tamalpais Drive, Inner RhythmProperty Negotiating Party: Sherry BrierAgency Negotiator: Todd Cusimano, Town ManagerUnder Negotiation: Price and Terms of Payment

9.B. CONFERENCE WITH REAL PROPERTY NEGOTIATORClosed Session Pursuant to Cal. Gov’t Code Section 54956.8Property: 518 Tamalpais Drive, Champagne FitnessProperty Negotiating Party: Gary ChampagneAgency Negotiator: Todd Cusimano, Town ManagerUnder Negotiation: Price and Terms of Payment

3

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310967/5.A._Staff_Report_and_Attachments.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310968/6.A.__Staff_Report_and_Attachment.pdf

https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/310971/8.A.__030519_Draft_TC_Agenda.pdf

10. RECONVENE IN OPEN SESSION

10.A. Report out of Closed Session

11. ADJOURNMENT

To sign up to receive automatic notifications regarding meetings and agendas, please visit theTown's website at https://www.townofcortemadera.org and click on "Notify Me" to register, oremail the Town Clerk at: [email protected].

ORDER OF BUSINESS: The Sanitary District No. 2 (SD2) meetings begin upon conclusion ofthe meeting of the Corte Madera Town Council. Agendas for SD2 are posted separately.

REPORTS: Town Council Staff Reports are usually available by 5:00 p.m., Friday prior to theCouncil Meeting, and may be obtained at the Corte Madera Town Hall, or by calling415-927-5050. Copies of the reports relating to agenda items are available for review in the TownClerk's Office, at the Corte Madera Library, Fire Station 13 (5600 Paradise Drive) andhttps://www.townofcortemadera.org/681/Agendas-Minutes-and-Notices. Materials related to anitem on this agenda that have been submitted to the Town Council or staff after distribution of theagenda packet are available for public inspection in the Town Clerk's Office located at Town Hall,300 Tamalpais Drive, Corte Madera, CA 94925, during normal business hours, 8 a.m. to 12 p.m.and 1 p.m. to 4 p.m.

AMERICANS WITH DISABILITIES ACT: If you need special assistance to participate in thismeeting, please contact the Town Clerk at 415-927-5085. For auxiliary aids or services or otherreasonable accommodations to be provided by the Town at or before the meeting please notifythe Town Clerk at least 3 business days in advance of the meeting date. If the town does notreceive timely notification of your reasonable request, the Town may not be able to make thenecessary arrangements by the time of the meeting.

NOTIFICATION LIST: To sign up to receive automatic notifications regarding meetings andagendas, please visit the Town's website at https://www.townofcortemadera.org and click on"Notify Me" to register, or email the Town Clerk at: [email protected].

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https://www.townofcortemadera.org

mailto:[email protected]

4.B.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: January 31, 2019

MEETING DATE: February 19, 2019

TO: Honorable Mayor and Members of the Town Council

FROM: Daria Carrillo, Finance Director

SUBJECT: Annual Statement of Investment Policy.

RECOMMENDED ACTION:

Staff recommends that the Town Council approve the Annual Statement of Investment Policy.

BACKGROUND:

The purpose of the Town’s investment policy is to ensure, through prudent investment of idle cash,

that the Town obtains the highest possible yield without risk to the safety and liquidity of its funds.

Town staff reviews the policy on an annual basis and updates the policy as needed to comply with

the California Government Code Section 53660 et seq.

DISCUSSION:

Staff has reviewed the attached Statement of Investment policy. The policy presented for Council

consideration complies with the California Government Code Section 53600 et seq.

In compliance with the policy, the Town’s idle cash is invested with the Local Agency Investment

Fund (LAIF) program as the Town’s operating bank account does not generate interest. The

Finance Director/Town Treasurer reconciles all Town bank accounts on a monthly basis and

prepares a Quarterly Investment Report for presentation to the Town Council.

In addition to the LAIF account, the Town has also invested in four Certificates of Deposit totaling

$981,253 as of December 31, 2018.

5

2

The Town pools the cash for all Town funds and for Sanitary District No.2 of Marin County, a

Subsidiary District to the Town of Corte Madera and Component Unit of the Town of Corte

Madera.

FISCAL IMPACT:

There is no fiscal impact associated with approval of this report.

ENVIRONMENTAL IMPACT:

This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

OPTIONS:

1. Approve the report as presented.

2. Take no action at this time.

ATTACHMENTS:

1. Attachment 1 – Statement of Investment Policy for Fiscal Year 2018-2019

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

6

3

ATTACHMENT 1

TOWN OF CORTE MADERA

STATEMENT OF INVESTMENT POLICY

Fiscal Year 2018-2019

PURPOSE

This Statement is intended to provide guidelines for the prudent investment of the Town’s

temporary idle cash, and to outline the policies for maximizing the efficiency of the Town’s cash

management system. The goal is to maximize investment earnings while protecting the pooled

cash. The Statement of Investment Policy is reviewed annually by the Town Council, and any

modifications to the statement must be approved by the Town Council.

SCOPE

This policy is intended to apply to all Town of Corte Madera and Sanitary District No. 2 of

Marin County funds, except for retirement funds held in trust and Other Post Employment

Benefit funds held in trust.

OBJECTIVE

The Town’s cash management system is designed to monitor and forecast expenditures and

revenues, thus enabling the Town to invest funds to the fullest extent possible. The Town

attempts to earn the highest yield possible as long as the investments meet the criteria for safety

and liquidity.

POLICY

Corte Madera operates its temporary pooled idle cash investments under the prudent investor

standard as defined in Government Code Section 53600.3. “When investing, reinvesting,

purchasing, acquiring, exchanging, selling, or managing public funds, a trustee shall act with

care, skill, prudence and diligence…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 maintain the liquidity of the agency.” This affords the Town a

spectrum of investment opportunities as long the investment is deemed prudent and is allowable

under Government Code Section 53600, et seq.

Criteria for selecting investments and the order of priority are:

1. Safety: The safety and risk associated with an investment refers to the possible loss of

principal and interest, or a combination of those elements. There is safety if there is

assurance that the principal will be preserved.

7

4

2. Liquidity: An investment is liquid if it can be converted to cash with a minimal chance

of losing principal or interest.

3. Yield: Yield is the potential earnings of an investment, or its rate of return.

Investments may be made in the following instruments:

1. United States Treasury obligations.

2. United States Agency obligations.

3. Federal Instrumentalities.

4. State of California Bonds and Registered Warrants.

5. Bonds, Notes, Warrants or other evidence of indebtedness of a local agency within the

State of California.

6. Bankers acceptances not to exceed 180 days to maturity or at the time of purchase forty

percent (40%) of the Town’s money that may be invested. However, no more than thirty

percent (30%) of the Town’s money may be invested in the bankers acceptances of any

one commercial bank.

7. Commercial Paper rated A-1 or P-1 or better, to be chosen from among corporations with

assets in excess of $500,000,000 and having an “A” or higher rating for the issuer’s debt,

other than commercial paper, if any, as provided for by a nationally recognized statistical

rating organization; not to exceed 270 days in maturity or more than ten percent (10%)

of the outstanding paper of a single issuer. Purchase of eligible commercial paper may

not exceed twenty five percent (25%) of the Town’s money.

8. Negotiable certificates of deposit issued by a nationally or state chartered bank, a savings

association or federal association, a state of federal credit union, or by a state licensed

branch of a foreign bank. Negotiable certificates of deposit may not exceed thirty percent

(30%) of the Town’s money.

9. Medium term notes of a maximum of five years maturity issued by corporations

organized and operating within the United States or by depository institutions licensed by

the United States or any state and operating with the United States. Notes eligible for

investment shall be rated in a rating category of “A” or its equivalent or better by a

nationally recognized rating service. Purchase of eligible medium term notes may not

exceed thirty percent (30%) of the Town’s surplus money.

10. Repurchase agreements on any investment authorized by this investment policy where

the term of the agreement does not exceed one year. The market value of securities that

underlie a repurchase agreement shall be valued at 102 percent or greater of the funds

borrowed against those securities, and the value shall be adjusted no less than quarterly.

8

5

11. California State Local Agency Investment Fund (LAIF) Pooled Money Investment

Program operated by the State Treasurer’s Office.

12. Password Savings Account Demand Deposits.

Other investments authorized by State legislation shall not be used unless Town Council

approval is obtained.

Safekeeping:

Securities purchased from brokers/dealers shall be held in third party safekeeping by the tryst

department of the Town’s bank, or other designated third party trust, and in the Town’s name

and control whenever possible.

Town Constraints:

The Town strives to maintain the level of investment of all funds as near to 100% possible

through daily and projected cash flow determinations. Idle cash management and investment

transactions are the responsibility of the Finance Director / Town Treasurer.

All participants in the investment process shall act responsibly as custodians of the public trust.

Investment officials shall recognize that the investment portfolio is subject to public review and

evaluation. The overall program shall be designed and managed with a degree of

professionalism that is worthy of the public trust. Nevertheless, in a diversified portfolio, it must

be recognized that occasional measured losses are inevitable, and must be considered within the

context of the overall portfolio’s investment return, provided that adequate diversification has

been implemented. The basic premise underlying the Town’s Investment policy is to ensure the

Town’s financial integrity.

__________________________________ Dated:__________________________

Todd Cusimano, Town Manager

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4.C.


STAFF REPORT

REPORT DATE: February 6, 2019




SUBJECT: January 2019 General Fund Revenue and Expenditure Report

RECOMMENDED ACTION:

That the Town Council approve the Revenue and Expenditure Report for the period ending January

31, 2019.

BACKGROUND:

The attached revenue and expenditure report is as of January 31, 2019, and reflects financial

activity transacted during 58% of the budget year. These reports include the General Fund only.

The attached reports were downloaded from the Town’s financial system, Tyler Technologies

Incode 10. The Town began using this software on April 30, 2018. As part of the implementation

of the new software, the chart of accounts was rewritten and some departments and funds were

combined. For this reason, a report showing a comparison to the previous fiscal year is not

available at this time, although a comparison report will be available once the Town has been using

the software for a year.

The first report shows revenue and expenditures by major category. The second shows

expenditures by department; revenues in the general fund are not categorized by department.

DISCUSSION:

Revenue:

As indicated on the attached document, Budget Report by Category, the General Fund revenue

received through January is approximately 52% of the total budgeted for the fiscal year. Last year

10

at this time the Town had received 50% of total budgeted revenue. The Town has received

$1,379,148 more revenue than at the same time last year. Please notice the following:

Sales tax revenue received is $814,223 greater than the amount received last year at this

time. This increase is mainly due to a vendor in Town fulfilling a large amount of back

orders, as well as to the State implementing new software which resulted in some payments

for the previous fiscal year being paid in the current fiscal year.

Property tax revenue is $166,193 greater than the amount received through January 2019,

an increase of 4.8%. Property tax distribution occurs mainly in December and April and

accounts for approximately one third of the Town’s General Fund revenue.

The Town has received $320,000 for a Gravel Lot Development fee; this payment was not

received in the previous year.

Franchise fees are at 20%. This is due to the fact that garbage franchise fees and cable

franchise fees are paid on a quarterly basis. As of January 31, 2019, the Town has received

payment for one quarter for each of these franchise fees. The second quarterly payments

are typically paid in February and will be reflected on the next revenue and expenditure

report. Additionally, PG and E franchise payments are made in April.

Other revenue is at 5%. This is because $450,000 of the $490,000 budgeted is revenue

from the Sanitary District for Town employee services. That payment from the Sanitary

District has not yet been made.

Expenditures:

Expenditures and Transfers Out to Other Funds are at approximately 62% of budget as compared

with 60% as of December 2018. Expenditures are $1,126,959 more than last year at this time.

Please notice the following:

The primary reason for this difference is that retirement expenditures have increased by

$898,167 compared to last year at this time. Included in this difference is the payment of

$956,600 which was made to the pension stabilization trust in the current year. Last fiscal

year, the payment of $366,600 was made in January. Also, the Cal PERS unfunded

liability payment increased by a total of $198,316 and was paid in July 2018 as required

by CalPERS.

Salaries have increased by $171,802. This is due to a 3% increase to the salary schedule,

as well as to the fact that salaries were charged to the Sanitary District in the previous year

at this time. In the current year, no salaries are charged to the Sanitary District. Instead,

the Sanitary District reiumburses the Town general fund for services performed by Town

employees. Additionally, a Director salary was charged to the Recreation fund last year at

this time; in the current year this salary is included in the General Fund.

The payment to the OPEB trust has decreased by $250,000 in accordance with the Adopted

Budget. In the previous fiscal year, $500,000 was paid into the trust; in the current fiscal

year, $250,000 has been paid into the trust. This payment is included in Retiree Benefits. 11

Retiree Benefts in total have decreased by $218,471.

Payments for police services have increased by $741,726, and are at 75% of budgeted

expenditures primarily because of a change in the payment schedule to Central Marin

Police Services. In the previous year, payments were made on a monthly basis and

payments for 7 months were made as of January 31, 2018. In the current year, quarterly

payments are made and payments for 9 months have been made as of January 31, 2019.

In the previous year, $306,750 for insurance payments had been posted to the General

Fund. In the current year, insurance payments are recorded in the Insurance Fund. An

interfund transfer will be processed at the end of the year when insurance expenditures for

the year are known.

Please also notice that on the second attachment, there are two departments shown for the Fire

Department. This is because it was anticipated that all expenditures would be paid through Central

Marin Fire Authority and the Town would make monthly or quarterly contributions. This is not

the case. Instead, both the City of Larkspur and the Town of Corte Madera continue to pay their

own Fire Department employees pending the approval of the CalPERS retirement contract. Corte

Madera’s employees are shown in the Larkspur and Corte Madera Fire Department line item. Once

the retirement contract is approved and employees of both agencies are paid by Central Marin Fire

Authority, a reconciliation will be done to ensure that each agency pays for half of the total.

Payments for services and supplies are paid mainly by Corte Madera, with Larkspur reimbursing

the Town for half of the expenditures on a monthly basis. Fire Department services and supplies

are shown in a separate fund not on this report. Additionally, Salaries, Retirement and Benefits

for the Fire Department are shown in the totals on Attachment #1, which was not anticipated when

the budget was adopted. For this reason, Salaries are at 116%, Retirement is at 102% and Outside

Services are at 40% of budgeted expenditures.

Non Departmental expenditures are at 86% of the budgeted expenditures. This is mainly because

annual payments for various JPAs such as Animal Control Services, Marin Emergency Radio

Authority, Marin LAFCO, and Marin General Service Authority being made at the beginning of

the fiscal year. The PERS unfunded liability payment mentioned above is included in Non

Departmental, as are the payment to the pension stabilization trust and the payment to the OPEB

trust.

FISCAL IMPACT:

There is no fiscal impact associated with this report.


None.

OPTIONS:

1. Approve the Revenue and Expenditure Report as presented.

2. Direct staff to make changes to the report.


12

ATTACHMENTS:

1. Attachment 1 – Budget Report by Category for the Period Ending January 31, 2019.

2. Attachment 2 – Budget Report by Department for the Period Ending January 31, 2019.


13

ATTACHMENT 1

Budget Report by Category for the Period Ending January 31, 2019

14

Corte Madera, CA

SubCategory

Fund:01 - GENERAT FUND

Revenue

4OO - PROPERTY TAX

410 - SALES TAX

411 - BUSINESS LICENSE

412. PARAMEDIC TAX

413 - TRANSIENT OCCUPANCY TAX

414 - PROPERTY TRANSFER TAX

420 - FRANCHISE FEES

430 - PERMITS AND FEES

431 - COST RECOVERY

440 - FINES

450. LEASES

451 - RENTS

452 - INTEREST

460 - STATE REVENUE

490 - OTHER REVENUE

Expense

600 - SALARIES

601 - RETIREMENT

602 - OTHER BENEFITS

603 - RETIREE BENEFITS

611 - OUTSIDE SERVICES

612. TRAINING, EDUCATION, MEETINGS

613 - DUES AND SUBSCRIPTIONS

614 - EQUIPMENT MAINTENANCE

615 - BUILDING AND GROUNDS MAINTENANCE

616. VEHICLE MAINTENANCE

618 - OTHER MAINTENANCE AND REPAIRS

619 - EQUIPMENT RENTAL

620 - UTtLTTTES

630 - SUPPLIES

640 - DEBT SERVICE

670 - TRANSFERS OUT

680 - OTHER EXPENDITURES

Expense Total:

Fund:01 - GENERAL FUND Surplus (Deficit)r

ai;;..:;;:;;

Budget ReportAccount Summary

For Fiscal: 2OL8-2OL9 Period Ending: OL/3L/2O19

AdoptedTotal Budget

Revised

Total Budget

January

ActivityYTD Fiscal

Activity

Variance

Favorable

(Unfavorable!Percent

Used

6,567,778

6,580,000

570,000

510,000

908,000

90,000

r,208,4401,315,000

290,000

27,OOO

22,800360,000

100,000

LOz,L78

462.O00

6,567,778

7,255,OO0

570,000

s10,000

r,27L,20090,000

L,208,440

1,315,000

290,000

27,OOO

22,800

360,000

100,000

r02,I78490.000

592,145

626,830

2L4,LIT0

L48,O34

0

0

L62,t52-28,636

5,115

6,843

3,100

42,902

L4,643

3,630,246

3,420,532

5r7,270270,873

639,282

8L,LzI245,46t

1,000,518

85,359

L8,L77

17,053

34r,25089,017

67,239

34,478

-2,937,532-3,834,468

-52,730-239,r27-631,918

-8,879

-962,979-3t4,482-204,64r

-8,823

-5,747

-18,750

-10,983

-34,939

-455,522

55.27%

47.L5%

90.75%

53.rL%

50.29%

90.L3%

20.3L%

76.O9%

29.43%

67.320/"

74.79%

94.79%

89.02%

65.81%

7.04%7

Revenue Total: 19,113,195 2O,L79,?96 L,794,32t tO,457,875 -9,72t,52L SL.SZ%

3,2L2,3042,362,265

744,466764,tOO

9,343,767

52,7009,600

264,LOo

246,30029,500

115,000

11,000

297,700

309,500

79,4L3779,966

0

3,2L2,s6s2,364,384

749,566764,LOO

9,443,L67

52,700

9,600

264,LOO

291,300

29,500

115,000

11,000

367,700

309,500

79,4L3

804,966

181,600

520,577

36,72368,091

34,734

r,o7t,976r,992

987

39,787

56,364

2,L607,160

0

29,r3530,589

0

0

25.576

3,7!2,2902,4L5,821

634,604

546,L82

3,760,886

14,r975,L70

I6L,62078,304

3,664

7,974

2,934

22L,278

Lto,2to39,707

0

LO7,675

-499,725

-5L,437

I14,9622L7,918

5,682,28L38,503

4,430ro2,4802L2,996

25,836

to7,0268,066

L46,422199,290

39,706804,966

73,92s

LLs.56%

ro2.r8%84.66%

7L.48%

39.A3%

26.94%

s3.85%

6L.20%

26.88%

L2.42%

6s3%26.67%

60.L8%

35.6r%

50.00%

o.oo%

59.29%18,621,081 19,050,16t 1,925,850 1L,822,517 7,227,644 62.06%

492,tt5 1,129,235 -131,529 -1,364,642 -2,49t,877

15

ATTACHMENT 2

Budget Report by Department for the Period Ending January 31, 2019

16

Corte Madera, CA

Department

Fund:01, - GENERAT FUND

OO - UNDESIGNATED

11 - MAYOR AND COUNCIL

12 - LEGAL

13 - ADMINISTRATION

14 - FINANCE

21 - NON DEPARTMENTAL

30 - FIRE DEPARTMENT

31 - LARKSPUR AND CORTE MADERA FIRE DEPT

40 - POLICE DEPARTMENT

45 - DISASTER PREPAREDNESS

52 - PLANNING

53 - BUILDING

73. ENGINEERING/PUBLIC WORKS ADMINISTRATION

74. STREETS AND PARKS - PUBLIC WORKS

80 - RECREATION - GENERAL FUND

Fund: 01 - GENERAT FUND Total:

Budget ReportAccount Summary

For Fiscal: 2018-2019 Period Ending: OLl3t/2AI9nAdopted

Total Budget

Revised

Total Budget

January

Activity

779,966L79,200

165,000

589,450

816,908

3,420,857

4,270,OO0

0

3,572,4t30

679,340

433,784

899,603

2,46r,4LO

413,150

804,966

119,200

240,OOO

588,450

744,9083,730,937

4,270,OOO

0

3,572,4r30

676,340

433,784

899,603

2,556,4L0

413,150

0

2,33L19,105

45,589

42,566

126,r8010,956

296,089

875,309

0

54,270

65,52L73,776

198,091

116,066

0

76,904

L57,462

338,r2442L,538

3,224,437

13,561

2,4t4,2442,665,634

0

355,403

306,088

525,976

L,L02,236

220,909

804,966

42,29682,538

250,326

323,370

s06,s00

4,256,439

-2,4r4,244

906,779

0

320,937

r27,696373,627

L,454,L74

L92,24L

Percent

Used

o.oo%

64.52%

6s.61%

57.46%

s659%86.42%

o.32%

o.oo%

74.62%

0.oo%

52.55%

7056%54.47%

43.L2%

s3.47%

YTD Fiscal

Variance

Favorable

Activity (Unfavorable)

ta,62'-,o8t 19,050,151 1,925,850 tt,822,5t7 7,227,644 62.06%

ReportTotal: 18,621.,081 1,925,850 11,A22,5t7 62.O6y"

17

4.D.


STAFF REPORT

REPORT DATE: January 31, 2019




SUBJECT: ACCOUNTS PAYABLE WARRANTS, JANUARY 2019

RECOMMENDED ACTION:

Acknowledge and file: 1) warrant numbers 220224 to 220435 in the amount of $992,256.49, 2)

transfers to payro1l account totaling $653,340.53, and 3) an electronic payment in the amount of

$5692 for a storm water permit.

BACKGROUND/DISCUSSION:

The attached Check Report was produced from the Town’s financial system. It includes all checks

issued from the Bank of Marin operating account during the month of January 2019, including

checks issued on behalf of Central Marin Fire Authority. As noted above, the Town also made an

electronic payment of $5692 which does not show on the attached listing.

In addition to the Bank of Marin operating account, the Town has opened a payroll account at

Bank of Marin. The payroll account is a controlled account for payroll transactions only. All

payroll related items will be paid from the payroll account. Nearly all of the transactions, including

direct deposit payments to employees, state and federal tax payments, and CalPERS payments for

retirement and for medical payments, are made electronically. Also paid through this account are

reimbursements for retiree health insurance.

In January 2019, the Town transferred $653,340.53 from the operating account to the payroll

account for payroll and payroll related expenditures.

FISCAL IMPACT:

None.

18


This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

OPTIONS:

1. Approve the warrant listing as presented.


ATTACHMENTS:

1. Attachment 1 – Check Report, January 2019


19

1/31/2019 2:40:06 PM Page 1 of 12

Check ReportCorte Madera, CA By Check Number

Date Range: 01/01/2019 - 01/31/2019

Vendor Number Vendor Name Payment Amount NumberPayment TypePayment Date Discount Amount

Payable # Post Date Payable Description Payable AmountPayable Type Discount Amount

Bank Code: AP Bank-AP Bank

4l050c 4LEAF, INC. 01/03/2019 2202241,095.00Regular 0.00

J0599-18K Invoice 01/03/2019 OUTSIDE SERVICE 1,095.000.00

al049c ALHAMBRA & SIERRA SPINGS 28776025139045 (233 TAM.)01/03/2019 220225141.81Regular 0.00

5139045 121918 Invoice 01/03/2019 WATER 141.810.00

al048c ALHAMBRA AND SIERRA SPRINGS 28756215135078 (498 TAM.)01/03/2019 22022661.58Regular 0.00

5135078 121819 Invoice 01/03/2019 WATER 61.580.00

al050c ALHAMBRA AND SIERRA SPRINGS 28779495139740 (81 LUCKY)01/03/2019 220227136.56Regular 0.00

5139740 122318 Invoice 01/03/2019 WATER 136.560.00


6037959 122318 Invoice 01/03/2019 WATER 58.160.00

vi099c ATTN: ACCOUNTING VSP (CA) ACCT: 12 220077 000101/03/2019 220229285.74Regular 0.00

12/28/18STMT Invoice 01/03/2019 HEALTH BENEFITS 285.740.00

ba002c BANK OF AMERICA 01/03/2019 22023070.97Regular 0.00

0013126478 Invoice 01/03/2019 BANK AND CREDIT CARDS 70.970.00

ba284c BAY CITIES JOINT POWERS 01/03/2019 2202311,832.84Regular 0.00

BCJPIA-2019-137 Invoice 01/03/2019 OUTSIDE CONTACT SERVICES 1,832.840.00

be053c BERTRAND, FOX, ELLIOT, OSMAN & 01/03/2019 22023210,721.25Regular 0.00

12/26/18STMT Invoice 01/03/2019 PERSONNEL LEGAL SERVICES 10,721.250.00

bu050c BUCK'S SAW SERVICE 01/03/2019 22023367.50Regular 0.00

354186 Invoice 01/03/2019 OTHER EQUIPMENT & MATERIALS 67.500.00

ca004c CABLECOM 01/03/2019 2202345,000.00Regular 0.00

12/14/18STMT Invoice 01/03/2019 DAMAGE DEPOSIT REFUND 5,000.000.00

ch250c CHEVRON & TEXACO BUSINESS CARD 01/03/2019 2202354,725.71Regular 0.00

12/22/18STMT Invoice 01/03/2019 GASOLINE 4,725.710.00

ch250cm CHEVRON & TEXACO BUSINESS CARE SERVICES 01/03/2019 2202362,929.17Regular 0.00

12/22/18STMT Invoice 01/03/2019 GASOLINE 2,929.170.00

cl106c CLICKTIME.COM 01/03/2019 220237156.00Regular 0.00

271733 Invoice 01/03/2019 OUTSIDE SERVICES 156.000.00

ce075c CMSA - SEWER 01/03/2019 2202381,642.90Regular 0.00

19-8055 Invoice 01/03/2019 OUTSIDE CONTRACT SERVICES 1,642.900.00

co136c CODE SOURCE 01/03/2019 2202396,745.00Regular 0.00

11/30/18STMT Invoice 01/03/2019 OUTSIDE SERVICES 6,745.000.00

co173c COMCAST - 0209597, 0209571 & 0056329 - CORP. YARD01/03/2019 220240113.38Regular 0.00

01/01/19-01/31/19 Invoice 01/03/2019 UTILITIES-INTENET 113.380.00

co195c CORPORATE PAYMENT SYSTEMS 01/03/2019 2202419,879.30Regular 0.00

12/14/18STMT Invoice 01/03/2019 VISA STATMENT DECEMBER 14, 2018 9,879.300.00

co001cm CORPORATE PAYMENT SYSTEMS 01/03/2019 2202422,548.53Regular 0.00

12/14/2018STMT Invoice 01/03/2019 VISA STATMENT DECEMBER 14, 2018 2,548.530.00

co755c CORTE MADERA CHAMBER OF COMM. TRANSIENT OCCUPANCY TAX01/03/2019 22024313,106.68Regular 0.00

20

RVaughn

Typewritten Text

ATTACHMENT 1

RVaughn

Typewritten Text

RVaughn

Typewritten Text

Check Report Date Range: 01/01/2019 - 01/31/2019

1/31/2019 2:40:06 PM Page 2 of 12



NOVEMBER 2018 Invoice 01/03/2019 TRANSIENT TAXES 13,106.680.00

ma120c COUNTY OF MARIN 01/03/2019 22024413,106.68Regular 0.00

NOVEMBER 2018 Invoice 01/03/2019 TRANSIENT TAXES 13,106.680.00

dc115c DC ELECTRIC GROUP, INC. 01/03/2019 2202451,300.00Regular 0.00

411654 Invoice 01/03/2019 J4116-WORNUM@REDWOOD 1,300.000.00

dn101c DNG ENTERPRISES, INC. 01/03/2019 22024622.88Regular 0.00

127-371939 Invoice 01/03/2019 VEHICLEMAINTENANCE SUPPLIES 22.880.00

gh102c GHD INC. 01/03/2019 2202471,972.51Regular 0.00

11153724 Invoice 01/03/2019 OUTSIDE CONTRACT SERVICES 588.510.00

111888 Invoice 01/03/2019 OUTSIDE CONTRACT SERVICES 1,384.000.00

ho020c JOHN & ARLINE HOWARD 01/03/2019 220248187.79Regular 0.00

09/15/18-11/13/18 Invoice 01/03/2019 OUTSIDE CONTACT SERVICES 187.790.00

jo055c JOSEPH PERRY P.E., LLC. 01/03/2019 2202491,293.75Regular 0.00

181221 Invoice 01/03/2019 OUTSIDE CONTACT SERVICES 1,293.750.00

ma345c LAFCO MARIN COUNTY TAX COLLECTOR- 01/03/2019 220250498.14Regular 0.00

12/13/2018STMT Invoice 01/03/2019 RADIO SHOP SVCS - OCTOBER 2018 498.140.00

ma550cm MARIN MUNICIPAL WATER DISTRICT 01/03/2019 220251148.73Regular 0.00

12/12/18STMT Invoice 01/03/2019 UTILITIES - WATER 148.730.00

ma550c MARIN MUNICIPAL WATER DISTRICT 01/03/2019 220252500.00Regular 0.00

12/19/18STMT Invoice 01/03/2019 FACILITY RENTEAL REFUND 500.000.00

pa175c PACIFIC GAS & ELECTRIC 01/03/2019 22025323,861.92Regular 0.00

12/20/18STMT Invoice 01/03/2019 UTILITIES-ELECTRICITY 23,861.920.00

pa031c PARISI TRANSPORTATION 01/03/2019 2202542,585.00Regular 0.00

17395 Invoice 01/03/2019 OUTSIDE CONTRACTOR 2,585.000.00

ra108c RAM PRINT AND COMMUNICATIONS 01/03/2019 2202554,319.75Regular 0.00

277844 Invoice 01/03/2019 OUTSIDE SERVICES 4,319.750.00

so063c SONIC.NET, INC. 01/03/2019 220256600.95Regular 0.00

1000034463 Invoice 01/03/2019 UTILITIES-TELEPHONE 600.950.00

st132c STAPLES BUSINESS ADVANTAGE 01/03/2019 22025737.91Regular 0.00

8051806414 Invoice 01/03/2019 OFFICE SUPPLIES 37.910.00

de105c TONI DE FRANCIS 01/03/2019 220258220.00Regular 0.00

12/22/18STMT Invoice 01/03/2019 OUTSIDE CONTRACT SERVICES 220.000.00

we005c WECO INDUSTRIES 01/03/2019 2202595,025.30Regular 0.00

004244-IN Invoice 01/03/2019 OUTSIDE CONTACT SERVICES 5,025.300.00

wi001cm WITTMAN ENTERPRISES, LLC 01/03/2019 2202602,225.64Regular 0.00

181005647 Invoice 01/03/2019 OUTSIDE CONTACT SERVICES 2,225.640.00

at050c WORKERS' COMP. ATHENS ADMINISTRATORS 01/03/2019 220261402.68Regular 0.00


ar125c ARAMARK UNIFORM SERVICES' 01/08/2019 2202622,149.29Regular 0.00

12/31/2018-STMT Invoice 01/08/2019 OUTSIDE SERVICES 2,149.290.00

at075cm AT & T -CALNET3 01/08/2019 220263406.73Regular 0.00

9391023416-1/3/… Invoice 01/08/2019 UTILITIES-TELEPHONE 20.730.00



9391062323012/1…Invoice 01/08/2019 UTILITIES-TELEPHONE 207.520.00

ce001cm CENTRAL VALLEY ENVIRONMENTAL 01/08/2019 22026411,369.24Regular 0.0021


1/31/2019 2:40:06 PM Page 3 of 12



5415 Invoice 01/08/2019 ASBESTOS ABATEMENT 11,369.240.00


19-8060 Invoice 01/08/2019 FY19 THIRD QRT SERVICE CHARGES FOR FY2… 247,252.360.00

19-8063 Invoice 01/08/2019 SEMI-ANNUAL DEBT SERVICES PAYMENT FO… 117,620.190.00

co800c CORTE MADERA COMM. FOUNDATION 01/08/2019 220266350.00Regular 0.00

0CT-DEC 2018 Invoice 01/08/2019 DONATION OF COMMISSIONER STIPEND (PL… 350.000.00


411527 Invoice 01/08/2019 OUTSIDE SERVICES - REDWOOD&WORNUM 9,650.000.00

411530 Invoice 01/08/2019 OUTSIDE SERVICES MONTECITO N PARKING … 6,495.000.00

di141c DIVINE ELECTRIC INC. 01/08/2019 220268389.99Regular 0.00

2944564 Invoice 01/08/2019 OUTSIDE CONTACT SERVICES 389.990.00

ir020c IRON MOUNTAIN 01/08/2019 220269205.70Regular 0.00

AKDL422 Invoice 01/08/2019 OTHER CONTRACT SERVICES 205.700.00

kb100c KBA DOCUSYS, INC - SRVC 01/08/2019 2202701,045.71Regular 0.00

INV746081 Invoice 01/08/2019 COPY MACHINE MAINTENANCE 1,045.710.00

la276c LARKSPUR, CITY OF 01/08/2019 2202712,128.38Regular 0.00

2018-1130HR Invoice 01/08/2019 SHARED COSTS HR MANAGER RECRUITMENT… 2,128.380.00

pc101c MICHAEL DANG 01/08/2019 22027211,744.66Regular 0.00


10241 Invoice 01/08/2019 NON CAPITAL EQUIPMENT 3,901.870.00

ne040c NELSON PERSONNEL SERVICES 01/08/2019 220273664.80Regular 0.00



na001c NORTHERN PACIFIC CORPORTION 01/08/2019 22027468,293.13Regular 0.00

002 Invoice 01/08/2019 2017/2018 PAVEMENT REHABILITAITON 68,293.130.00

of026c OFFICE DEPOT - TOWN HALL 01/08/2019 220275227.67Regular 0.00


pu030c PUMP REPAIR SERVICE CO. 01/08/2019 22027611,129.60Regular 0.00

039295 Invoice 01/08/2019 OUTSIDE SERVICES - HIGH CANAL PUMP #3 11,129.600.00

ro450c ROY'S SEWER SERVICE, INC. 01/08/2019 22027724,022.50Regular 0.00

203032 Invoice 01/08/2019 GREASE RUN - VARIOUS LOCATIONS 22,812.500.00

203317 Invoice 01/08/2019 SEWER SPILL/EMERGENCY 660.000.00

203363 Invoice 01/08/2019 SEWER SPILL/EMERGENCY 550.000.00



8052577683 Invoice 01/08/2019 OFFICE SUPPLLIES 2.470.00

ha001cm THE HARTFORD 01/08/2019 220279203.15Regular 0.00

470606516957 Invoice 01/08/2019 HEALTH INSURANCE 203.150.00

jo135c VICTOR M. ROJAS 01/08/2019 2202802,675.00Regular 0.00

DECEMBER-18-ENG Invoice 01/08/2019 JANITORIAL SERVICES 675.000.00

DECEMBER-18-TH Invoice 01/08/2019 JANITORIAL SERVICES 2,000.000.00

de270c VINCENT R. DERHAM 01/08/2019 220281365.00Regular 0.00

2019-1 Invoice 01/08/2019 OUTSIDE CONTRACT SERVICES 365.000.00

aa100c A AND P MOVING, INC. 01/16/2019 22028235.00Regular 0.00


aa003c AARP 01/16/2019 220283165.00Regular 0.00

22


1/31/2019 2:40:06 PM Page 4 of 12



R-35521 Invoice 01/16/2019 OUTSIDE CONTRACT SERVICES 165.000.00

ai101c AIR TECHNOLOGY WEST 01/16/2019 220284799.69Regular 0.00

2153 Invoice 01/16/2019 OTHER EQUIPMENT/MAINTENANCE 375.190.00

2154 Invoice 01/16/2019 OTHER EQUIPMENT MAINTENANCE 424.500.00

an001cm ANGLIM FLAGS 01/16/2019 220285548.94Regular 0.00

7348 Invoice 01/16/2019 U.S. AND CALIFRNIA FLAGS 548.940.00

ar048c ARROW INTERNATIONAL, INC. 01/16/2019 220286738.48Regular 0.00

9500854621 Invoice 01/16/2019 MEDICAL SUPPLIES 738.480.00

at075c AT & T - CALNET 3 01/16/2019 2202871,129.03Regular 0.00

93910234271/2/19 Invoice 01/16/2019 UTILITIES-TELEPHONE 55.380.00


93910263561/2/19 Invoice 01/16/2019 UTILITIES-TELEPHONE 19.520.00


9391033627-01/0… Invoice 01/16/2019 UTILITIES-TELEPHONE 19.520.00







at110c AT & T MOBILITY-287245897656 01/16/2019 220289218.66Regular 0.00

287245897656X1… Invoice 01/16/2019 UTILIITES - TELEPHONE 218.660.00

at114c AT & T MOBILITY-876700579 01/16/2019 220290374.72Regular 0.00

876700579X1223… Invoice 01/16/2019 UTILITIES - TELEPHONE 374.720.00

at115cm AT& T MOBILITY-287287990349 01/16/2019 220291244.04Regular 0.00

28728799034x01… Invoice 01/16/2019 UTILITIES - TELEPHONE 244.040.00

ba001cm BATTALION ONE FIRE PROTECTION 01/16/2019 2202923,150.00Regular 0.00

11/28/18STMT Invoice 01/16/2019 INSPECTION SERVICES 3,150.000.00

ba172c BAY ALARM COMPANY-1795028 01/16/2019 220293177.39Regular 0.00

15723366 Invoice 01/16/2019 OTHER CONTACT SERVICES 177.390.00

ba284c BAY CITIES JOINT POWERS 01/16/2019 220294189.00Regular 0.00

BCJPIA-20199-061 Invoice 01/16/2019 AUGUST 2018 - WCC 189.000.00

bl031c BLUE PRINT MART, LLC 01/16/2019 220295281.35Regular 0.00

0098 Invoice 01/16/2019 TIME AND MATERIALS 281.350.00

bo105cm BOUND TREE MEDICAL, LLC 01/16/2019 2202961,759.10Regular 0.00

83067372 Invoice 01/16/2019 MEDICAL SUPPLIES 1,759.100.00

pe140c CARLO PEROZZI 01/16/2019 220297600.00Regular 0.00

366 Invoice 01/16/2019 DECEMBER - MAINTENANCE 600.000.00


19-8044 Invoice 01/16/2019 FOG CONTROL PROGRAM MGMT. MONTHS… 2,852.220.00

co165cm COMCAST - FIRE DEPT 0208565, 0055313 01/16/2019 220299113.38Regular 0.00

01/06/19-02/05/19 Invoice 01/16/2019 UTILITIES - INTERNET 113.380.00

co121c COMCAST- 028617, 0208847, 5594 0010011 - REC. DEPT.01/16/2019 220300294.70Regular 0.00

01/01/19-01/31/19 Invoice 01/16/2019 BUILDING MAINTENANCE 143.500.00

12/19/18-01/18/19 Invoice 01/16/2019 BUILDING MAINTENANCE 151.200.00

co055c CONSERVATION CORPS-NORTH BAY 01/16/2019 220301727.50Regular 0.00

297 Invoice 01/16/2019 PRIVATE CONTACTUAL SERVICES 727.500.00

23


1/31/2019 2:40:06 PM Page 5 of 12



jo005c CORE HEATING & AIR CONDITIONING 01/16/2019 220302516.15Regular 0.00


su103c DANIEL MUTISO MUITHYA 01/16/2019 2203032,394.00Regular 0.00

1600 Invoice 01/16/2019 JANITORIAL SERVICES 2,394.000.00


411335 Invoice 01/16/2019 OUTSIDE SERVICES SIGNALS 2,790.620.00

411336 Invoice 01/16/2019 OUTSIDE SERVICES SIGNALS 714.480.00

de230c DEPT. OF JUSTICE 01/16/2019 22030532.00Regular 0.00

349554 Invoice 01/16/2019 OTHER CONTACT SERVICES 32.000.00

di045c DIEGO TRUCK REPAIR, INC. 01/16/2019 220306204.53Regular 0.00

55944 Invoice 01/16/2019 FILTERS FOR STREET SWEEPER 204.530.00

di001cm DIEGO TRUCK REPAIR, INC. 01/16/2019 2203074,339.38Regular 0.00

56520 Invoice 01/16/2018 VEHICLE MAINTENANCE 4,339.380.00

di125c DIV. OF THE STATE ARCHITECT 01/16/2019 22030840.80Regular 0.00

01/16/2019-STMT Invoice 01/16/2019 SB1186 PAYMENTS 40.800.00

dn002cm DNG ENTERPRISES, INC. 01/16/2019 22030986.79Regular 0.00

12/31/2018STMT Invoice 01/16/2019 VEHICLE SUPPLIES AND PARTS 86.790.00

do001c DOTTO GLASS, INC. 01/16/2019 220310312.00Regular 0.00

230747 Invoice 01/16/2019 BUILDING MAINTENANCE 312.000.00

fi047c FISHMAN SUPPLY CO. - (P/P/B) 01/16/2019 220311688.79Regular 0.00

1167814 Invoice 01/16/2019 JANITORIAL SUPPLIES 688.790.00

fi045c FISHMAN SUPPLY CO. (FIRE-7762) 01/16/2019 220312171.99Regular 0.00


fi026c FITNESS SF MARIN 01/16/2019 220313475.00Regular 0.00

01/15/2019STMT Invoice 01/16/2019 NEW - MEMBERSHIP 475.000.00

ge120c GEORGE HILLS COMPANY, INC. 01/16/2019 220314150.00Regular 0.00

INV1014696 Invoice 01/16/2019 ADMINISTRATION FEE 150.000.00

gl102c GLOBALSTAR USA 01/16/2019 22031590.00Regular 0.00

9944046 Invoice 01/16/2019 UTILIITES - TELEPHONE 90.000.00

go055c GOPHER-IT TRENCHLESS- 01/16/2019 2203169,297.00Regular 0.00

G2020 Invoice 01/16/2019 SEWER SPILL/EMERGENCY 9,297.000.00

go030c GOTELLI PLUMBING COMPANY 01/16/2019 220317185.00Regular 0.00

51413 Invoice 01/16/2019 BUILDING MAINT-PARK MADERA CENTER 185.000.00

ja005c JOE JOSEPH 01/16/2019 2203183,000.00Regular 0.00

01/15/2019STMT Invoice 01/16/2019 REFUND OF DAMAGE DEPOSIT 3,000.000.00

ln075c L.N. CURTIS & SONS 01/16/2019 220319606.14Regular 0.00

INV244920 Invoice 01/16/2019 SAFETY SUPPLIES/PPE 606.140.00

la034c LAK ASSOCIATES, LLC 01/16/2019 220320675.00Regular 0.00

2-1949 Invoice 01/16/2019 OTHER OUTSIDE SERVICES - CANNABIS ORDI… 675.000.00

la325c LARKS.-CORTE MADERA SCH'L DIST 01/16/2019 2203213,975.36Regular 0.00

35 Invoice 01/16/2019 NEIL CUMMINS RENTAL 3,975.360.00

le001c LESLIE A. REGAN 01/16/2019 2203223,332.60Regular 0.00

DECEMBER 2018 Invoice 01/16/2019 OUTSIDE CONTACT SERVICES 3,332.600.00

ma012c MANUEL ZELADA 01/16/2019 220323200.00Regular 0.00

R-35438 Invoice 01/16/2019 REFUND FOR SUPER SOCCER STARS 200.000.00

24


1/31/2019 2:40:06 PM Page 6 of 12



ba040c MARC BARIE 01/16/2019 220324449.19Regular 0.00

R-35522 Invoice 01/16/2019 REIMBURSEMENT 449.190.00

ma600c MARIN COUNTY SHERIFF'S OFFICE 01/16/2019 22032520,732.16Regular 0.00

10948 Invoice 01/16/2019 DISPATCH SERVICES 20,732.160.00

ma208c MARIN INDEPENDENT JOURNAL 01/16/2019 220326322.00Regular 0.00

0001171745 Invoice 01/16/2019 LEGAL NOTICES 322.000.00

ma550c MARIN MUNICIPAL WATER DISTRICT 01/16/2019 2203271,211.16Regular 0.00

01/04/19STMT Invoice 01/16/2019 UTILITIES-WATER 1,211.160.00

ma001cm MATTHEW PHILLIPS 01/16/2019 22032820.00Regular 0.00

R-39895 Invoice 01/16/2019 REIBMURSEMENT FOR UNIFORM REPAIR 20.000.00

mg150c M-GROUP 01/16/2019 2203294,210.00Regular 0.00

1000781 Invoice 01/16/2019 OTHER OUTISE SERVICES - AIMCO-RESIDENCE 4,210.000.00

mi030c MISSION LINEN SERVICE 01/16/2019 220330470.99Regular 0.00

01/01/19STMT Invoice 01/16/2019 DEPARTMENT SUPPLIES 470.990.00

no045cm NORTH BAY PETROLEUM 01/16/2019 220331550.95Regular 0.00

1162677 Invoice 01/16/2019 VEHICLE SUPPLIES AND PARTS 550.950.00



of029c OFFICE DEPOT-FIRE-89507905 FILE #81901 01/16/2019 22033311.38Regular 0.00


on025c ONGARO & SONS, INC., ERNEST 01/16/2019 2203341,316.00Regular 0.00

9045 Invoice 01/16/2019 BUILDING MAINTENANCE 1,316.000.00

pr111c PROTECTION ONE ALARM MON., INC 01/16/2019 22033543.48Regular 0.00


re024c RESOLVE INSURANCE SYSTEMS 01/16/2019 220336424.10Regular 0.00

DECEMBER 2018 Invoice 01/16/2019 PRIVATE CONTRACTUAL SERVICES 424.100.00

ri042c RICOH USA, INC. (FIRE) 01/16/2019 220337355.92Regular 0.00

101510153 Invoice 01/16/2019 PRIVATE CONTRACTUAL SERVICES 355.920.00

ro450c ROY'S SEWER SERVICE, INC. 01/16/2019 2203386,330.00Regular 0.00

202854 Invoice 01/16/2019 SEWER SPILL/EMERGECY 5,775.000.00

203400 Invoice 01/16/2019 OUTSIDE SERVICES - 473 MONTECITO DR 555.000.00

ma015c SK8 GYM, CORP. 01/16/2019 220339491.40Regular 0.00




te150c TESCO 01/16/2019 2203411,170.45Regular 0.00

0066393-IN Invoice 01/16/2019 PUMP STATION MAINTENANCE 1,170.450.00

ti001c TIAA COMMERCIAL FINANCE, INC. 01/16/2019 220342799.23Regular 0.00

5810859 Invoice 01/16/2019 COPY MACHINE MAINTENANCE 799.230.00

ti124c TIFCO INDUSTRIES 01/16/2019 220343508.21Regular 0.00

71410857 Invoice 01/16/2019 DEPARTMENT SUPPLIES 508.210.00

de105c TONI DE FRANCIS 01/16/2019 220344360.00Regular 0.00


12/24/2018STMT Invoice 01/16/2019 PARK & REC COMMSISION MEETING 160.000.00

tr050c TRANSBAY SECURITY SERVICE, INC 01/16/2019 220345137.50Regular 0.00

25


1/31/2019 2:40:06 PM Page 7 of 12



72820 Invoice 01/16/2019 DEPARTMENT SUPPLIES 137.500.00

tw001c TWIN CITIES CHILD CARE CENTER 01/16/2019 2203462,194.89Regular 0.00

36023 Invoice 01/16/2019 OTHER OUTSIDE SERVICES - CORBETT ELSEN 909.380.00

36043 Invoice 01/16/2019 OTHER OUTSIDE SERVICES - TRACY HEGARTY 909.380.00

36087 Invoice 01/16/2019 OTHER OUTSIDE SERVICES - REBECCA VAUG… 376.130.00

us126c U.S. POSTMASTER 01/16/2019 220347225.00Regular 0.00

R-35520 Invoice 01/16/2019 ANNUAL FEE FOR BULK MAILING -PERMIT #… 225.000.00

va039c VALI COOPER & ASSOCIATES, INC. 01/16/2019 2203483,767.44Regular 0.00

22573 Invoice 01/16/2019 OTHER OUTSIDE SERVICES 3,767.440.00

va001cm VALLEY POWER SYSTEMS NORTH, INC. 01/16/2019 220349141.41Regular 0.00

F 47964 Invoice 01/16/2019 VEHICLE SUPPLIES & PARTS 141.410.00

ve125c VERIZON WIRELESS 670722771-2 01/16/2019 2203501,560.56Regular 0.00


9821611624 Invoice 01/16/2019 UTILITIES - TELEPHONE 772.790.00

ve117c VERIZON WIRELESS-442100251 01/16/2019 220351245.96Regular 0.00


ve023c VERIZON WIRELESS-6707227710001 01/16/2019 220352316.77Regular 0.00

9821611623 Invoice 01/16/2019 UTILITIES - TELEPHONE 316.770.00

de270c VINCENT R. DERHAM 01/16/2019 220353135.00Regular 0.00

2019-2 Invoice 01/16/2019 OUTSIDE CONTRACT SERVICES 135.000.00

wi005c WITTMAN ENTERPRISES, LLC 01/16/2019 2203548,730.01Regular 0.00

181105647 Invoice 01/16/2019 AMBULANCE/MEDICAL BILLING 3,004.240.00

181205647 Invoice 01/16/2019 AMBULANCE/MEDICAL BILLING 5,725.770.00

ve106c ODILON VELAZQUEZ 01/17/2019 220355612.85Regular 0.00

INV0000561 Invoice 01/17/2019 FTB Garnishment W/H by mistake 612.850.00

ve106c ODILON VELAZQUEZ 01/17/2019 220355-612.85Regular 0.00


J3548T Invoice 01/23/2019 OUTSIDE CONTACT SERVICES 17,228.550.00

ai560c AIRGAS 01/23/2019 220357328.91Regular 0.00

9958954971 Invoice 01/23/2019 MISCELLANEOUS SUPPLIES 328.910.00

al046c ALHAMBRA 28776025139045 (PW-342) 01/23/2019 220358128.06Regular 0.00

5139045 011619 Invoice 01/23/2019 WATER 128.060.00


5135078 011619 Invoice 01/23/2019 WATER 44.950.00



ba005c BANC OF AMERICA MERCHANT SERVICES LLC 01/23/2019 22036177.35Regular 0.00

345774089881 Invoice 01/23/2019 BANK AND CREDIT CARD 77.350.00

ba002c BANK OF AMERICA 01/23/2019 22036255.25Regular 0.00

0013153353 Invoice 01/23/2019 BANK AND CREDIT CARD SERVICES 55.250.00

ci005c CITY OF SAUSALITO 01/23/2019 220363220.00Regular 0.00

R-36853 Invoice 01/23/2019 MCCMC MEETING 220.000.00

co001cm CORPORATE PAYMENT SYSTEMS 01/23/2019 2203642,615.18Regular 0.00

01/14/2019STMT Invoice 01/23/2019 VISA STATMENT - 1/14/19 2,615.180.00

co755c CORTE MADERA CHAMBER OF COMM. TRANSIENT OCCUPANCY TAX01/23/2019 22036512,469.05Regular 0.00

DECEMBER 2018 Invoice 01/23/2019 TRANSIENT TAXES 12,469.050.00

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ma120c COUNTY OF MARIN 01/23/2019 22036612,469.05Regular 0.00

DECEMBER 2018 Invoice 01/23/2019 TRANSIENT TAXES 12,469.050.00

cs026c CSG CONSULTANTS, INC. 01/23/2019 2203677,140.00Regular 0.00


da135c DAY WIRELESS SYSTEMS 01/23/2019 220368165.92Regular 0.00

478801 Invoice 01/23/2019 VEHICLE SUPPLIES PARTS EQUIP. 165.920.00

fi045c FISHMAN SUPPLY CO. (FIRE-7762) 01/23/2019 220369775.35Regular 0.00


fo185c FORSTER & KROEGER LANDSCAPE MAINTENANCE, INC.01/23/2019 22037021,000.00Regular 0.00

6422 Invoice 01/23/2019 DEC 1 - DEC 31, 2018 - OUTSIDE CONTRACT … 21,000.000.00

fo001cm FOURTH STREET PRESS 01/23/2019 220371567.13Regular 0.00

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oh100c JOANNE O'HEHIR 01/23/2019 220372786.00Regular 0.00


jo002c JONNA INTOSCHI 01/23/2019 22037366.72Regular 0.00

01/16/2019STMT Invoice 01/23/2019 REIMBURSEMENT 66.720.00

ci115c KBA DOCUSYS, INC. - MAINT. 01/23/2019 2203741,441.70Regular 0.00

INV0000582 Invoice 01/22/2019 EQUIPMENT MAINTENANCE 1,441.700.00

ln075c L.N. CURTIS & SONS 01/23/2019 220375915.67Regular 0.00

INV247917 Invoice 01/23/2019 TOOLS 915.670.00

le030c LEAGUE OF CALIFORNIA CITIES 01/23/2019 220376240.00Regular 0.00

9583 Invoice 01/23/2019 TRAINING & EDUCATION 240.000.00

no045cm NORTH BAY PETROLEUM 01/23/2019 2203771,649.76Regular 0.00

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pr035cm PRAETORIAN DIGITAL 01/23/2019 2203781,000.00Regular 0.00

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pu030c PUMP REPAIR SERVICE CO. 01/23/2019 22037910,394.60Regular 0.00



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al050c ALHAMBRA AND SIERRA SPRINGS 28779495139740 (81 LUCKY)01/30/2019 220386129.44Regular 0.00

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ar002c ARBORSCIENCE 01/30/2019 220389225.00Regular 0.00

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BCJPIA-2019-138 Invoice 01/30/2019 PROPERTY AND LIABILITY INSURANCE 2,261.000.00

BCJPIA-2019-170 Invoice 01/30/2019 WORKERS COMPENSATION 125.820.00

br150c BRANDON TIRE SUPPLY, INC. 01/30/2019 22039189.50Regular 0.00

1015605 Invoice 01/30/2019 VEHICLE SERVICES 89.500.00

sh100c CALMAT CO. 01/30/2019 2203921,238.95Regular 0.00

1901-056856 Invoice 01/30/2019 3-6 PAMMI COBBLE - ROCKSUNLIMITED 1,238.950.00

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55203669 Invoice 01/30/2019 FUEL-GASOLINE 2,252.920.00

ch002c CHRISTOPHER WILLIAM PETERS 01/30/2019 2203962,535.00Regular 0.00

1976 Invoice 01/30/2019 CPR TRAINING AND EDUCATION 2,535.000.00

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co136c CODE SOURCE 01/30/2019 2203982,380.00Regular 0.00

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ea001c EARL FRANSWORTH EXPRESS 01/30/2019 220406565.00Regular 0.00

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go300c GOODMAN BUILDING SUPPLY 01/30/2019 220408286.34Regular 0.00

01/25/2019STMT Invoice 01/30/2019 DEPARTMENT SUPPLIES 286.340.00

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he105c HERC RENTALS INC. 01/30/2019 22041056.54Regular 0.00

30532413-001 Invoice 01/31/2019 VEHICLE SUPPLIES FUEL-OILS 56.540.00

ho195c HOME DEPOT CREDIT SERVICES DEPT 32-250352323901/30/2019 220411923.23Regular 0.00

12/21/18STMT Invoice 01/30/2019 PLANTS FOR TOWN HALL/HAMMER DRILL 923.230.00

ha273c JOHN HAMILTON, III 01/30/2019 220412617.00Regular 0.00


le030c LEAGUE OF CALIFORNIA CITIES 01/30/2019 22041335.00Regular 0.00

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Regular Checks

Manual Checks

Voided Checks

Discount

PaymentCountPayment Type

Bank Code AP Bank Summary

Bank Drafts

EFT's

212

0

1

0

0

0.00

0.00

0.00

0.00

0.00

213 0.00

Payment

992,869.34

0.00

-612.85

0.00

0.00

992,256.49

PayableCount

272

0

0

0

0

272

30


Page 12 of 121/31/2019 2:40:06 PM

All Bank Codes Check Summary

Payment Type DiscountPayment

Count PaymentPayable

Count

Regular Checks

Manual Checks

Voided Checks

Bank Drafts

EFT's

212

0

1

0

0

0.00

0.00

0.00

0.00

0.00

213 0.00

992,869.34

0.00

-612.85

0.00

0.00

992,256.49

272

0

0

0

0

272

Fund Name AmountPeriod

Fund Summary

99 POOLED CASH - OPERATING 992,256.491/2019

992,256.49

31

4.E.

MINUTES OF FEBRUARY 5, 2019 1

2

REGULAR MEETING 3

OF THE 4

CORTE MADERA TOWN COUNCIL 5

6

Mayor Ravasio called the Regular Town Council Meeting to order at Town Hall Council 7

Chambers, 300 Tamalpais Drive, Corte Madera, CA on February 5, 2019 at 6:30 p.m. 8

9

1. CALL TO ORDER, SALUTE TO THE FLAG, ROLL CALL 10

11

Councilmembers Present: Mayor Ravasio; Vice Mayor Andrews and Councilmembers 12

Bailey, Beckman and Kunhardt 13

14

Councilmember Absent: None 15

16

Staff Present: Town Manager Todd Cusimano 17

Acting Town Attorney Judith Propp 18

Public Works Director Peter Brown 19

Planning Director Adam Wolff 20

Finance Director Daria Carrillo 21

Senior Civil Engineer Jared Barrilleaux 22

Town Clerk/Assistant to the Town Manager Rebecca Vaughn 23

24

SALUTE TO THE FLAG – Mayor Ravasio led in the Pledge of Allegiance. 25

26

2. OPEN TIME FOR PUBLIC COMMENTS 27

28

PATI STOLIAR, Age-Friendly Corte Madera, reminded the Council that the Third 29

Wednesday series on February 20, 2019 will be about surviving and disaster preparedness 30

at 11:00 a.m. at the Community Center. 31

32

3. PRESENTATIONS 33

A. Update on the Corte Madera Age Friendly Intergenerational Center 34

(Presentation Provided By Carla Condon, Co-Founder) 35

36

Carla Condon, Co-Founder, Age-Friendly Corte Madera, provided a background on their 37

strategic plan development and she gave a presentation on their Intergenerational Center, 38

citing its success from its opening on April 29th to the present time. She introduced Age-39

Friendly’s many program instructors and discussed the events held, displaying 40

photographs of their events. 41

42

They have been recognized by the College of Marin’s mini-medical school, also by the 43

Hearts of Marin Awards Luncheon as the nominee, and the Marin Independent Journal 44

advertised an ad regarding the Intergenerational Center at no charge. They were 45 32

Corte Madera Town Council Regular Meeting Minutes

February 5, 2019

2

recognized in a townhome development in Corte Madera through advertising of their 1

homes. 2

3

Regarding membership, they charge $25 for residents and $40 for all others. As of today, 4

they have 225 members. Age-Friendly has members from every city in Marin which she 5

thought was remarkable. 6

7

Regarding financials and their operations, she reported on the following: 8 9

Instructor payments: $17459 10

Snacks: $200 11

Maker Space $5,927, and received $5,000 in donations 12

Side expenses and class materials: $2,800 13

Income received: $56,536 and they opened 2019 with $28,646. 14

15

Ms. Condon stated they have discussed and identified the need for more space. The classes 16

are overcrowded. They also need more staffing hours and she appealed to the Council to 17

appropriate funding. The Center operates between 27.5 and 31.5 hours per week. Pam 18

Watersone’s hours have been reduced to 12.5 hours per week. Debbie fills in and 19

essentially they staff the center 18.5 hours per week and are operating between 27.5 and 20

31.5 hours. They also need to spread the word about the Intergenerational Center, and the 21

Council’s support will ensure its growth and continued success. 22

23

Lastly, she read a letter she received from a widow who wrote of her support, love for the 24

programs, and said discovering Age-Friendly Solutions has been a life-changing experience 25

and she is truly grateful. 26

27

Mayor Ravasio opened the public comment period. 28

29

SYBIL BOUTILIER, Chair of Age-Friendly Sausalito, spoke of her participation in the art 30

classes at the Intergenerational Center, voiced her support of the work done in Corte 31

Madera which she believes is a model for them. 32

33

BEVERLY WINDLE, Mill Valley, echoed comments in the letter Ms. Condon read and spoke 34

of her love of the watercolor art class, said the class has doubled in size and voiced the need 35

for more room. 36

37

DR. SALLY GILARDIN, instructor, said she has been active in the center and spoke of her 38

participation, and of senior’s ability to be active, valuable and contribute to the community. 39

She has volunteered at the center and asked the Council for the opportunity to expand the 40

program. 41

42

KARLA LAPLANTE, Corte Madera, said the center is one of the greatest things that 43

happened in Corte Madera. She spoke of the many programs, the importance of its 44 33


February 5, 2019

3

offerings to seniors, and hoped for expansion. 1

DEBRA MADDOX, art instructor, said it has been a privilege to be part of the 2

Intergenerational Center and her love of teaching children and adults. The center is a 3

wonderful place with the ability to develop many friendships, and she thanked the Council. 4

5

PAM WATERSTONE said she volunteered for the Town’s senior lunches on Thursdays for a 6

year and then was hired as the Town’s Senior Program Coordinator. She met many 7

amazing people and it changed her life. Shortly after she was hired, the Intergenerational 8

Center was launched which she loves, noting that many seniors tell her that the center has 9

changed their lives, along with young moms wanting a place where their kids have a place 10

to paint and preschoolers who are read to and she hoped for continued support. 11

12

PHYLLIS GALANIS, Corte Madera, voiced her support of the Intergenerational Center and 13

spoke of her participation in the Makers class, a laser light show class, and hoped the 14

Council will support a full-time person and support growth of the center. 15

16

PATI STOLIAR, Age-Friendly Corte Madera and Age-Friendly Solutions, spoke of the 17

gratification she and Ms. Condon have about how successful the center is. She pointed out 18

that classes are free for members, said she was very grateful to the Town Council and staff 19

for making this happen through funding, and hoped for future expansion. 20

21

Councilmember Kunhardt thought the center was fabulous and spoke of intergenerational 22

art. 23

24

Mayor Ravasio stated he was glad the program is so successful and said the Council 25

continues its support. 26

27

B. Overview of Climate Adaptation Plan 28

(Presentation Provided by Peter Brown, Public Works Director) 29

30

Public Works Director Peter Brown gave a PowerPoint presentation and overview of the 31

Climate Adaptation Plan, stating there will be a kick-off meeting next week. They seek to 32

develop a long-range plan with the purpose of becoming a resilient community. Likely 33

outcomes for the Council are significant investment and change in the community. 34

35

He presented photos of the Corte Madera Marsh in 1926 noting the entire Town was built 36

on a marsh, Corte Madera Avenue, Casa Buena, Tamalpais Drive and Paradise Drive. He 37

noted that because the entire town was built in a marsh it makes things challenging. The 38

Climate Adaptation Plan will be led by Adaptation International, staff, the Council, along 39

with transportation professionals Nelson Nygaard and Bluepoint Outreach and they hope 40

they will have a guiding document that provides a roadmap for the next 30-50 years. 41

42

34


February 5, 2019

4

They will identify SLR, (sea level rise) drought, wildfire, transport and the economy as the 1

focus points along with public health. This plan will focus on adaptation which includes 2

actions to manage the risks of climate change impacts, disaster management, flood 3

protection and infrastructure upgrades. 4

5

Regarding outcomes, the Town wants to have the plan adopted, have specific project 6

recommendations with specific strategies, capital improvement recommendations, cost 7

estimates, public/private partnerships, cost sharing plans, and if there are residential areas 8

recommended for protection rather than restoration or retreat, property owners will need 9

to participate to fund sea level rise protection systems. 10

11

Regarding the process, they look to have significant public input, 3 or more community 12

workshops and then circle back with the Council for feedback, further analysis and his 13

recommendation for 5 year reviews. He presented the timeframe, stating in February 14

2021, they anticipate finishing the plan. 15

16

He noted estimates for sea level rise continue to change and he noted it is getting a little 17

worse. The Coastal Commission has been preparing for 6 feet by 2100 although now due to 18

ice melting, they are indicating 10 feet by 2100. The International Panel on Climate Change 19

has also increased their projections. He presented the many recent wildland fires, stating 20

the Camp fire was the largest in California’s history. He thinks the document should be a 21

living document for a thriving eco-system with 5 year updates to keep pace with emerging 22

technology. 23

24

Lastly, he presented slides of sample plans that look at what 3 feet of sea level rise looks 25

like including inundation in their communities. The change from 6 to 10 feet may not 26

impact Corte Madera specifically because they do not have a lot of land between the 27

elevations of 6 and 10 feet. 28

29

In the long-term, there is a potential for loss of residential land but one of Corte Madera’s 30

tools will be wetland restoration. To be successful, most believe some level of restoration 31

will be needed. Regarding modeling, they will rely on climate models as they will help the 32

Town gain insights and will need to be revisited and revised. 33

34

Vice Mayor Andrews asked which planning agencies will use and recognize this data. Mr. 35

Brown stated most agencies in the Bay Area are relying on baseline assumptions, but the 36

consultant will not prepare an original risk assessment because of legwork already done, 37

which he described. They will partner with these key agencies and keep them involved in 38

the process. 39

40

Councilmember Bailey thanked staff and the consultants for this long-range planning which 41

is fundamental to the Town’s mission, citing its importance. 42

43

35


February 5, 2019

5

Councilmember Kunhardt cited a new report which states somewhere between 30% and 1

50% of all glaciers that cover the Himalayas are expected to be gone by the end of the 2

century. He asked how the Council can assist in the process and he asked about the kick-3

off. 4

5

Mr. Brown stated he will speak with the Town Manager and return in terms of assigning 6

members of the public, perhaps assigning a Flood Board member and one member of the 7

Planning Commission and Council to join. He would then work with the consultant team 8

and the public. The best way to support them is to stay involved, attend meetings, and 9

provide input. 10

11

Councilmember Beckman thanked Mr. Brown for the presentation. 12

13

Mayor Ravasio echoed thanks, said he could not think anything could be more important in 14

addressing this, and asked staff to keep the Council apprised. 15

16

4. CONSENT CALENDAR 17 18 Councilmember Kunhardt commented on Item F, stating the banner has no information 19

about the time or location for the special fundraising event at Redwood High School on 20

March 29th, and he hoped someone would address this. 21

22

Vice Mayor Andrews referred to Item E and asked staff to remind Marin Country Day Care 23

about the pathway parallel to the road. He also stated he would be abstaining from Item B. 24

25 26

A. Authorize Introduction and/or Adoption of Resolutions and Ordinances by Title 27

Only. 28

(Standard procedural action – no backup information provided) 29 30

B. Second Reading and Possible Adoption of Ordinance No. 981 Amending Title 2 31

Chapter 2.38 Of The Town Of Corte Madera Municipal Code, “General Municipal 32

Elections” To (1) Change the Town of Corte Madera’s Municipal Elections from 33

“June of Even-Numbered Years” to “Statewide Direct Primary” and (2) Cancel the 34

Election Currently Scheduled for November, 2019, to Elect Two Councilmembers 35

to Four and Half Year Terms, and Move the Election to the Next Statewide Direct 36

Primary, Scheduled for March 3, 2020, Resulting In An Extension Of The 37

Current Council Terms Up To Four Months 38

(Report from Rebecca Vaughn, Town Clerk) 39

40

C. Second Reading and Possible Adoption of Ordinance No. 982 Amending Title 12 41

Chapter 12.38 “Use of Right of Way” to Clarify the Process for Right-of-Way 42

Agreements and Delegate Approval Authority of the Agreements to the Town 43

Manager 44

(Report from Adam Wolff, Director of Planning and Building) 45 36


February 5, 2019

6

1

D. Adopt Resolution No. 03/2019 Amending Resolution No. 64/2018 To Revise The 2

Composition Of The Bicycle And Pedestrian Advisory Committee (BPAC) To 3

Permit No More Than One Member Of The Committee To Be A Non-Resident Of 4

The Town Of Corte Madera, Under Certain Limited Circumstances 5

(Report from Rebecca Vaughn, Town Clerk/Assistant to the Town Manager and 6

Peter Brown, Director of Public Works) 7

8

E. Authorize the Public Works Director to approve the Marin Country Day – Lower 9

Field Grading and Drainage Permit once permit conditions are met 10

(Report from Jaren Barrilleaux, Senior Civil Engineer) 11

12

F. Adopt Resolution No. 05/2019 (1) Endorsing the Redwood High School 13

Foundation Annual Fundraiser, (2) Allowing a Temporary Sign in the Public 14

Right-of-Way from February 6, 2019 to March 22, 2019 Publicizing the Annual 15

Redwood High School Foundation “Rodeo Party and Auction” Fundraiser on 16

March 29, 2019; and (3) Determining that the Project is Exempt from the 17

California Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines 18

15061(B)(3). 19

(Report from Tracy Hegarty, Administrative Analyst) 20

21

G. Approve Quarterly Investment Report for Period Ending December 31, 2018 22

(Report from Daria Carrillo, Finance Director) 23

24

H. Approval of Minutes of the January 15, 2019 Regular Town Council Meeting 25

26

MOTION: Moved by Bailey, seconded by Andrews, and approved unanimously 27

by the following vote: 5-0 (Ayes: Andrews (abstained from Item B), 28

Bailey, Beckman, Kunhardt and Ravasio; Noes: None) 29

30

To approve Town Consent Calendar Items A, B, C, D, E, F, G and H. 31

32

5. PUBLIC HEARINGS - None 33

34

6. BUSINESS ITEMS 35 36

A. Discussion and Possible Action to Approve the Plans and Contract Documents 37

and Authorization to Advertise for Bids for the Sanford at Casa Buena and 38

Meadowsweet Traffic Congestion Relief Project #15-015 39

(Report from Jared Barrilleaux, Senior Civil Engineer) 40

41

Public Works Director Brown cited an amendment to the title, noting that in discussions 42

with the Town Attorney and the community he asked that it be changed to state, “Authorize 43

the Public Works Department to advertise for bids for the Sanford at Casa Buena and 44 37


February 5, 2019

7

Meadowsweet Traffic Congestion Relief Project #15-015 after a trial closure is completed”. 1

He said staff did not bring the Council the complete contract documents and plans in detail. 2

Secondly, staff would like flexibility to make amendments to the plans once they finish their 3

trial run. 4

5

He stated the project has been in the works for a number of years and staff has taken to the 6

90% construction document level in terms of finishing out the design, talking about how to 7

improve the pedestrian and bicycle environment, reduce collisions, and improve overall 8

circulation and safety in the neighborhood. He provided a recap of changes proposed and 9

overall project scope and work. 10

11

Councilmember Bailey asked and Mr. Brown described the current traffic flows and, 12

thereafter, conditions after the project completion. Councilmember Bailey asked for the 13

sequence of intended timeframes to conduct the scope of the project. 14

15

Mr. Brown gave the following timeline: 16

17

A trial closure has been rescheduled for 7:00 a.m. through the evening peak hours, 18

Monday and Tuesday, February 11th and 12th. The northbound Sanford movement 19

will be closed, with formal detouring and temporary stop signs. 20

Public comment and participation will be invited and analysis of the trial closure 21

will occur, with amendments as necessary. 22

If there are significant changes, staff will issue a memo and agendize the report at a 23

future meeting. 24

Staff will put the project out to bid in the coming weeks with changes if warranted. 25

They can advertise anywhere from 30 to 45 days. 26

Bids will be reviewed as being responsive and within budget. If there is a significant 27

change to the Engineer’s Estimate, they will return to the Council. 28

The Council can award or deny the bid and once awarded, staff goes into 29

preliminary construction meetings and lay out timeframes for the work. 30

31

Councilmember Kunhardt asked and confirmed the proposed motion was to include the 32

recommendation, adding “after a trail closure is completed and analyzed.” 33

34

Vice Mayor Andrews asked how the trial period would be functionally implemented, which 35

Mr. Brown described as using barricades, detour signs, two temporary stop signs, and 36

flagging during the peak hours, with no vehicle movements. He confirmed staff could keep 37

barricades out for a few weeks. 38

39

Mr. Brown said one concern with a 3 week closure is that the project has a lot of safety 40

component changes that are not part of the trial closure. The purpose of the closure is to 41

observe changes in circulation and would not recommend keeping the barricades out too 42

long. The proposal is for two days and he suggested keeping to this timeframe for now. 43 38


February 5, 2019

8

1

Mayor Ravasio asked if there was information about safety and accident rates at this 2

intersection. Mr. Brown reported there have been 8 collisions at Sanford, Casa Buena and 3

Tamalpais Drive. It is a safety project and BPAC was supportive of the project because of 4

all of the bike and pedestrian enhancements it includes, and he recommended it not move 5

forward until the trial period is completed. 6

7

Vice Mayor Andrews pointed out that this particular intersection backs up on Tamalpais 8

from the freeway during peak hours. In terms of users, there are daily commuters as well 9

as parents going to the library, and this was the reason he asked for a longer time period. 10

11

Town Manager Cusimano complimented Mr. Brown and his team. He has worked in the 12

community for 22 years and without a doubt, this is the most dangerous and confusing 13

intersection. Often times, options would be considered, but change is hard for the 14

community. Staff will not return after the trial period with a major change, but instead 15

small tweaks to solve the problem. 16

17


19

PATI STOLIAR, Casa Buena Drive, referred to cars stacking on Tamalpais and asked if they 20

change the yield to a stop it may worsen backups. 21

22

Mr. Brown explained the queuing referred to is when the left turn is green and cars are 23

traveling south on Sanford. Their restriction is not this movement but the confusion of the 24

intersection and cars going north, whose turn it is, and whether or not to yield, and this will 25

completely go away. The queuing is enhanced because the “keep clear/yield” is gone and 26

about 70% of the traffic goes down Casa Buena and 20% comes to Sanford. When they 27

come to the stop sign, just because it is changing to a stop does not mean it will result in 28

significant delay. 29

30

GLENDA CORNING, Meadowsweet Dairy, said their community has not been thought about 31

in Town considerations. They enjoy being a little “backwater” and have an uneasy 32

relationship with the car dealerships, but have made it work. They have a lot of industrial 33

traffic with offloading of vehicles, food trucks servicing the dealerships, parking, etc. 34

35

This plan does affect many people, as there are three major apartment complexes and she 36

thinks it will be awkward. She walks the street and suggested doing the Casa Buena 37

changes incrementally and to see if people will want to take the route. If they have to take 38

the northbound access to Tamalpais then they could, but she asked that it be done in 39

phases. She also thinks enhanced signage will help at the intersection. She also hoped 40

other communities’ voices will be considered as well. 41

42

BOB BUNDY, Golden Hind Passage, voiced concern with the sight lines at Conow and Casa 43

39


February 5, 2019

9

Buena and asked what would be required for a three-way stop or to have a traffic signal. 1

2

Mr. Brown explained warrants are needed to dictate when a stop sign and traffic signal can 3

be installed. These warrants are 240 vehicles per hour over an 8-hour period, or 2,000 4

vehicles. Volumes are about 3,000 in a 24 hour period. If sight lines or collisions occur 5

there, staff could consider a three-way stop. 6

7

PHYLLIS GALANIS, Prince Royal Drive, said she serves on the Beautification Committee 8

which meets at the library and often times they do not find parking. She suggested 9

extending the trial closure hour to 11AM or 12 noon because the library does not open 10

until 10AM and to make it at least one week and also cited the need for sidewalks for 11

pedestrians. 12

13

PEGGY BURNETT, Laurel Street, echoed the need for a longer trial period, thought it would 14

be useful to see where sight lines will be and suggested not soliciting RFPs until going 15

through the trials. 16

17

Councilmember Bailey asked if the trial could be extended by a couple of days. Mr. Brown 18

said from a traffic engineering standpoint, they do not have the safety measures in place to 19

make the trial ideal. He voiced concerns with Town exposure for putting up temporary 20

stop signs that do not have a stop bar or paint and would err on the side of safety. 21

22

Councilmember Bailey asked and confirmed the plan is four peak hours for two full days 23

and that two weeks would be problematic due to a variety of safety concerns and Town 24

exposure. 25

26

Councilmember Bailey asked at what point the risk becomes intolerable longer than two 27

days. Mr. Brown recommended that if the Council wished to go longer to do the two days 28

and evaluate it and then return to report on how the two days went. Then, if they want to 29

extend it longer, he would recommend doing the paint, removing the Jeep parking from the 30

setback and making the temporary closure more semi-permanent. He confirmed they 31

would start Monday and Tuesday of next week. 32

33

Councilmember Beckman asked if the dealerships are going to receive deliveries during the 34

trial period, and Mr. Brown said yes, daily. 35

36

Councilmember Bailey voiced support to hold the trial period and return to the Council and 37

see how it flushes out. He thinks this is the most dangerous intersection in the Town and 38

while they do not want to create risks, he was in favor of undergoing the trial period. He 39

agrees with comments provided regarding the library and sidewalk issues, and voiced 40

support for the trial period and direct staff to return. 41

42

Mayor Ravasio concurred with Councilmember Bailey’s comments and agreed that the 43

40


February 5, 2019

10

intersection is dangerous and believes this is a great first step. He suggested advertising 1

the trial period as much as possible. 2

3

Councilmember Kunhardt concurred and suggested more instructional signage. He 4

questioned the proposed recommendation and Mayor Ravasio suggested the Council 5

authorize the bids so this process moves forward, as there is time to make adjustments as 6

needed. 7

8

Vice Mayor Andrews referred to the temporary barricades and cited the work done at the 9

Presidio. He suggested making the trial indefinite and to build the three-way stop and get 10

people comfortable with the reconfiguration until the work is completed. 11

12

Councilmember Beckman said the Council can authorize staff to go out to bid after the trial 13

closure without relinquishing control of the project. Then, the Council, staff and the public 14

can look at the results from the trial before anything is signed. 15

16

Town Manager Cusimano said he was not even comfortable with allowing the two days, but 17

he is deferring to staff given the need to conduct the test. Councilmembers voiced support 18

of the two-day trial closure. 19

20

MOTION: Moved by Kunhardt, seconded by Beckman, and approved 21

unanimously by the following vote: 5-0 (Ayes: Andrews, Bailey, 22

Beckman, Kunhardt and Ravasio; Noes: None) 23

24

Authorize the Public Works Department to advertise for bids for the 25

Sanford at Casa Buena and Meadowsweet Traffic Congestion Relief 26

Project #15-015 after a trial closure of two days is completed and 27

analyzed. 28

29

B. Discussion and Possible Action to Authorize the Town Manager to Add 2.5 Full 30

Time Equivalent (FTE) Staff to the Public Works Department this Fiscal Year 31

2018/19. 32

(Report from Peter Brown, Public Works Director) 33

34

Public Works Director Brown stated in a follow-up to past meetings where staff has 35

presented historical staffing, priorities and workloads, and staff requires more help in 36

delivery of Town projects. The other portion of the request has to do with the maintenance 37

side, noting there has been a vacant Superintendent level position which has not been 38

filled. Staff has been filling in, taking on the position’s roles, as there is talent in Town staff. 39

40

Town Manager Cusimano stated this has been discussed with the Council over the last two 41

years. He presented the Public Works team staffing model and stated the department needs 42

people to do the work. They conducted an analysis on what is needed to accomplish 43

41


February 5, 2019

11

projects, routine work, noting that they have supplemented with contractors and 1

streamlined services, but need additional support. 2

3

He described the various divisions of the Public Works Department and in the Sanitary 4

District side, the consultant had retired and the position has been vacant. The request is to 5

hire a junior engineer position in the range of $100,000 to $125,000 which will not affect 6

this year or next year’s budget. 7

8

On the Maintenance Division side, he described staffing levels, stating the Superintendent 9

position is currently vacant. They have shared costs with Parks and Recreation for 10

maintenance work and contract support. They propose discontinuing the contract support 11

and hiring the full-time employee and share that person between the two departments, 12

which saves money and streamlines services. 13

14

A few years ago there were two full-time employees who were mechanics. Two years ago 15

they went to one employee who has since retired and he was brought back on a part-time 16

basis. Therefore, they propose hiring a full-time maintenance position as well as some 17

leeway in this fiscal year for a transition plan and analyze whether they need part-time 18

support moving forward. 19

20

In going into the next fiscal year, they will focus on whether bringing on a Superintendent 21

and possibly an Assistant Superintendent, as both positions are vacant. They are therefore 22

asking for flexibility while developing the leadership team. 23

24

Vice Mayor Andrews questioned where the restroom facilities will be located for 25

Engineering Division. 26

27

Mr. Cusimano stated staff proposes to move the Maintenance team out of the Fire House 28

and are looking at a modular space on site with the expectation to house 5 Engineering 29

team members there. He confirmed the modular would be on site until a permanent office 30

could be found, with a 2-3 year lease possibly in the $80,000 range which would be similar 31

to an annual lease. He stated staff would return to the Council with options for Council 32

consideration. 33

34

Mayor Ravasio opened the public comment period, and there were no speakers. 35

36

MOTION: Moved by Bailey, seconded by Kunhardt, and approved unanimously 37

by the following vote: 5-0 (Ayes: Andrews, Bailey, Beckman, Kunhardt 38

and Ravasio; Noes: None) 39

40

To Authorize the Town Manager to Add 2.5 Full-Time Equivalent 41

(FTE) Staff to the Public Works Department this Fiscal Year 2018/19. 42

43

42


February 5, 2019

12

C. Consider Adoption of Resolution No. 04/2019 Amending the Fiscal Year 2018-1

2019 Budget 2


4

Finance Director Daria Carrillo stated this item is the mid-year budget revision which 5

requests several changes to the adopted budget. She reviewed the various changes, as 6

follows: 7

8

General Fund Revenues: 9 10

Addition of insurance reimbursement in the amount of $25,000. The Town received 11

an insurance payment for the repair of a traffic signal damaged in a vehicle accident. 12

Addition of increased sales tax revenue of $675,000. The State implemented some 13

new software and was backlogged in terms of processing some of its returns. In this 14

current year, the Town has received $174,000 for the prior year. There is a vendor 15

in town fulfilling back orders which resulted in about $500,000 more in sales tax in 16

the third quarter. The sales tax consultant recommended revising the budget by 17

about $1 million, but for the sake of being conservative, she reflected the amount 18

received thus far at $675,000. 19

Addition of increased Chamber of Commerce Contribution of $3,000: There was 20

$12,000 in the adopted budget and they contributed $15,000 towards the July 4th 21

celebration. 22

Addition of $363,200 in transient occupancy tax (TOT) which is a pass-through. Part 23

of it is paid to the Chamber and part of it is for the Marin Tourism District. 24

Currently, only the part retained by the Town was included in the adopted budget, 25

but shed recommended reflecting the expenditure and the revenue. This is a total of 26

$1,066,200 in revenue. 27

General Fund Expenditures: 28

The legal budget is 95% expended for the year. There is an item to increase this 29

budget by $75,000. One alternative is that there is $75,000 in the insurance fund 30

budgeted for property and liability claims. Only $2,000 has been used thus far and 31

this could be used for legal services. 32

Increasing the non-departmental salaries and benefits by $7,480 for work related to 33

the July 4th celebration done by staff and was not included in the adopted budget. 34

Increase the transfer to the recreation fund by $25,000. This is for Town-paid child 35

care. Currently, the Recreation Department is evaluating programs and had 36

eliminated the childcare program for this year. Childcare previously provided for 37

employees and commission members totaled $25,000 so the Town is paying this to 38

the City of Larkspur in the interim, which is expected just to be for this year while 39

the program is in transition. 40

43


February 5, 2019

13

Adding the pass-through of $363,200 to the County for the TOT. 1

2

Councilmember Bailey suggested shortening the presentation as he believed the Council 3

has great confidence in the Finance Director. He thought the Council and public could ask 4

questions, as needed. 5

6

Mr. Cusimano asked that Ms. Carrillo discuss the fiscal impact section for last year and this 7

year. 8

9

Ms. Carrillo stated the General Fund’s ending balance as of June 30, 2018 was $3.5 million. 10

Revenues exceeded expenditures by about $1 million, which was about $360,000 greater 11

than the amount estimated in last year’s revised budget. 12

13

This year’s budget had estimated an additional $492,000 being added to the budget, but 14

based on the changes the ending balance will be increased by an additional $682,000 for a 15

total increase of $1.1 million. The estimated ending balance for June 30, 2019 is 16

approximately $4.7 million. 17

18

Councilmember Bailey asked that in the future a spreadsheet be provided. 19

20

Vice Mayor Andrews asked Ms. Carrillo to send him a summary of the Park Madera fund in 21

the future. 22

23

Councilmember Beckman referred to page 7, which states sales tax revenue will decrease 24

next year by $435,000. He asked if this was because the back orders will not occur, and Ms. 25

Carrillo confirmed. 26

27


29

MOTION: Moved by Bailey, seconded by Kunhardt, and approved unanimously 30



33

To Adopt Resolution No. 04/2019 Amending the Fiscal Year 2018-34

2019 Budget 35

36

D. Consider Adoption of Resolution No. 02/2019, First Introduced at the January 37

15, 2019 Town Council Meeting, Approving a One Time Performance Bonus to 38

the Town Manager of $10,950, 5% of Base Salary, Per Employment Agreement 39

(Approval of this Resolution Requires A Two Meeting Process) 40


42

44


February 5, 2019

14

Finance Director Carrillo stated this item is requesting final approval of the payment to the 1

Town Manager in the amount of $10,950 as called for in his contract. The resolution was 2

previously introduced and discussed at the January 15th meeting and this is the second 3

reading of the item in an open meeting. 4

5

Mayor Ravasio opened the public comment period, and there were no speakers. 6

7

MOTION: Moved by Bailey, seconded by Andrews, and approved unanimously 8



11

To Adopt Resolution No. 02/2019, First Introduced at the January 15, 12

2019 Town Council Meeting, Approving a One Time Performance 13

Bonus to the Town Manager of $10,950, 5% of Base Salary, Per 14

Employment Agreement (Approval of this Resolution Requires A Two 15

Meeting Process) 16

17

7. COUNCIL AND TOWN MANAGER REPORTS 18 19

- Town Manager Report 20

Mr. Cusimano complimented staff on holding the sewer lateral ordinance 21

community forum. 22

Staff recently met with Marin Clean Energy (MCE) to determine programs 23

and the Town learned of potential EV charging stations which Public Works 24

is working on. Staff will look at adding charging stations at Town Hall, the 25

Community Center and one other site. 26

Staff will be bringing the smoking ordinance at the next meeting. One of the 27

goals is to streamline San Anselmo, Larkspur and Corte Madera regarding 28

regulations on vaping and sales of similar products at local businesses. 29

The first draft of the noise ordinance will be brought to the Council at the 30

first March meeting. He will first hold an informal evening meeting to review 31

the draft prior to bringing it to the Council. 32

Staff plans on bringing information regarding short-term rentals in the first 33

half of the year, as well. 34

35

- Council Reports 36 37

Councilmember Kunhardt gave the following report: 38

o www.Marincommutes.org site is up and running and provides 39

resources for commuters, businesses, schools, etc. 40

o The Safe Routes to School Committee is meeting this Thursday at 3:45 41

p.m. at the CMPA conference room. 42

o He met with members of Smoke-Free Marin who pointed out the 43

tremendous increase in youth smoking as well as vaping. 44

45

http://www.marincommutes.org/


February 5, 2019

15

o He will attend a Bay Wave meeting on March 21st. 1

Councilmember Bailey gave the following report: 2

o MCE is deeply involved in the bankruptcy proceedings related to 3

PG&E. Most recently, there is shifting landscape regarding what the 4

California Public Utilities Commission (CPUC) and other regulatory 5

bodies will be doing about PG&E. There is no expectation there will 6

be changes in MCE rates. 7

o He is on the Marin County Council of Mayors and Councilmembers 8

(MCCMC) Legislative Committee and he and Vice Mayor Andrews 9

have attended several meetings, along with Senator McGuire, on a 10

regular basis to report about competing bills relating to the 11

imposition of low income housing requirements on Marin County 12

cities. There is no way around the fact that there will be a heightened 13

obligation for additional housing to be built. This will dramatically 14

affect Corte Madera. The Senator is worried that Marin will not 15

support his approach which is a more moderate approach that bows 16

down to the fact that Marin is not providing its fair share of housing. 17

18

8. REVIEW OF DRAFT AGENDA FOR UPCOMING TOWN COUNCIL MEETING 19

8.I Review of Draft Agenda for February 19, 2019 Town Council Meeting 20

21

Councilmember Bailey stated the Town received a grade “C” and he asked what could be 22

done to improve this. 23

24

9. ADJOURNMENT 25

26

The meeting was adjourned at 8:55 p.m. to the February 19, 2019 at Town Hall Council 27

Chambers. 28

29

46

1

5.A


STAFF REPORT




FROM: Rebecca Vaughn, Town Clerk/Assistant to the Town Manager

SUBJECT: Public Hearing To Consider Introduction Of Ordinance No. 983, An Ordinance Of

The Town Council Of The Town Of Corte Madera (1) Amending Corte Madera

Municipal Code Title 5 (Business Licenses and Regulations) To Add Tobacco

Retailer License Requirement, Prohibit The Sale Of Flavored Tobacco Products and

Prohibit Pharmacies From Engaging in Tobacco Retailing, and (2) Determining

That The Adoption Of The Ordinance Is Exempt From The California

Environmental Quality Act (CEQA).

RECOMMENDED ACTION:

It is recommended that the Town Council discuss the proposed Ordinance (Attachment 1), take

public comment and consider introduction of Ordinance No. 983 and waive further reading.

Ordinance No. 983 would amend Corte Madera Municipal Code Title 5 (Business Licenses and

Regulations) to add a Tobacco Retailer License requirement, prohibit the sale of flavored tobacco

products and prohibit pharmacies from engaging in tobacco retailing and waive further reading.

Should the Ordinance be adopted at a subsequent meeting, it is recommended that enforcement begin

January 1, 2020.

BACKGROUND:

At the request of the Town Council and the Marin County Department of Health and Human

Services, staff has prepared a Draft Ordinance to implement a Tobacco Retailer Licensing (TRL)

program as well as other limitations on the sale of tobacco products. The goals of this ordinance are

to streamline regulations in Corte Madera, Larkspur and San Anselmo, as well as throughout Marin

County, as well as limit the availability of flavored tobacco products to youth.

Although State law regulates the sale of tobacco products, achieving compliance with those

regulations remains a challenge. For example, State law prohibits the sale or furnishing of tobacco

products and smoking paraphernalia to minors (Cal. Pen. Code § 308), requires that tobacco retailers

check the identification of tobacco purchasers who appear to be under 21 years of age (Cal. Bus. &

Prof. Code § 22956), and prohibits the sale of single cigarettes (Cal. Penal Code § 308.3). However,

47

2

the unlawful sale and marketing of tobacco products to minors continues to be widespread.

According to the California Department of Public Health, on average, 12.3% of retailers sell tobacco

to minors.

The Marin County Tobacco Control Program considers local TRL regulations an effective deterrent

to the violation of existing tobacco laws. As described in more detail below, TRL programs restrict

youth access to tobacco and tobacco products by providing a mechanism for revoking a retailer’s

ability to sell tobacco. Additionally, communities are adopting local prohibitions against the sale of

flavored tobacco products as a way to further reduce smoking and promote public health.

Numerous organizations, including Smoke-Free Marin, recommend that local municipalities adopt

tobacco retailer’s licensing ordinance amendments. Additionally, the American Lung Association’s

“State of Tobacco Control” report annually assigns grades for jurisdictions based on measures taken

to reduce smoking. (https://www.lung.org/local-content/california/documents/state-of-tobacco-

control/2019/2019-sotc-california-full.pdf) Currently, Corte Madera has a “C” grade from the

American Lung Association. (ALA Report, p. 52.) Requiring tobacco retailer’s licenses, prohibiting

the sale of flavored tobacco products and enacting a tobacco-free pharmacy component would

improve the Town’s American Lung Association grade.

DISCUSSION:

The Marin County Tobacco Control Program, through the County’s Department of Health and

Human Services has encouraged cities to take an active role in preventing youth addiction to

tobacco/nicotine through enacting local TRL ordinances. Several municipalities, in addition to the

County of Marin, have enacted such ordinances in recent years. Taking this effort further, the County

is encouraging the adoption of additional regulations to protect youth through prohibition of the sale

of flavored tobacco products and tobacco-free pharmacies. The City of Novato’s TRL Ordinance

includes the tobacco-free pharmacy component, and the County’s model ordinance is based upon

the one adopted by the City of Novato.

The Draft Ordinance presented for review and discussion incorporates all three components:

Implementation of a Tobacco Retailer Licensing Program

Prohibition of the sale of flavored tobacco products (in all forms)

Prohibition of pharmacies from engaging in tobacco retailing

The Town Council may discuss each of these components and consider whether to introduce the

draft ordinance as presented, provide modifications to the draft ordinance, or provide other direction

to staff.

1. Tobacco Retailer License Program

The proposed Ordinance would establish a Tobacco Retailer Licensing program for the Town of

Corte Madera. Under this program, all businesses that sell tobacco products must receive a license

from the Town in exchange for the privilege of selling tobacco products within the Town. There are

currently seven stores in Corte Madera that sell tobacco products (Attachment 2). In order to capture

electronic smoking devices, “tobacco products” is defined broadly to include not only traditional

tobacco products (cigarettes, cigars, etc.) but also any electronic smoking devices and liquid tobacco 48

https://www.lung.org/local-content/california/documents/state-of-tobacco-control/2019/2019-sotc-california-full.pdf

https://www.lung.org/local-content/california/documents/state-of-tobacco-control/2019/2019-sotc-california-full.pdf

3

solutions for use in e-cigarettes.

The Tobacco Retailer License must be displayed at the location of sale, and retailers will be required

to receive a new license each year. This would be done in conjunction with the annual business

license renewal process that occurs at the end of each calendar year.

Tobacco Retailer Licenses are non-transferrable, and may only be issued for one fixed location. Any

tobacco retailer that operates without a license, or violates any tobacco-related local, State or Federal

law, may have the license either revoked or suspended after a hearing. Additionally, the tobacco

retailer may be subject to fines pursuant to the administrative enforcement provisions in the Corte

Madera Municipal Code.

Staff is recommending a fee of $50 per license to cover the cost of issuing the licenses. This amount

is consistent with to other Marin jurisdictions including the City of Novato. As proposed,

enforcement of the Tobacco Retailer Licensing program would begin January 1, 2020, which will

allow for ample time for public outreach to communicate the changes to tobacco retailers, and also

allow time for tobacco retailers to apply for, and receive, a Tobacco Retailer License with their

annual business license renewal.

2. Prohibition of the Sale of Flavored Tobacco Products

The proposed Ordinance would prohibit the sale of all flavored tobacco products within the Town,

including flavored nicotine e-cigarette solutions and flavored traditional tobacco products such as

menthol cigarettes. There are exceptions for cigars sold in packages of five or more, single cigars

priced over $5.00, pipe tobacco or chewing tobacco sold in packages containing five or more units

(refer to page 6 of the Draft Ordinance included as Attachment 1 to this report)

Please note that jurisdictions differ regarding flavored tobacco sale bans. For example, the City of

Sausalito recently adopted a broad flavored tobacco ban that includes not only the newly developed

fruit and candy flavors for e-cigarettes, but also traditional flavored tobacco products such as

menthol and wintergreen cigarettes. In contrast, the City of Novato prohibits flavored e-cigarette

solutions, but does not prohibit the sale of menthol cigarettes.

Given that both flavored liquid e-cigarette solutions and flavored traditional tobacco products

encourage youth smoking and tobacco addition, and the Town has a goal of limited youth exposure

and access to these products, Staff is recommending prohibition of the sale of all flavored tobacco

products for the Council’s consideration. The Town Council may provide direction to staff regarding

the breadth of the flavored tobacco ban.

The Town Clerk distributed a letter in person on February 12, 2019, to each of the seven retailers

currently selling tobacco products giving notice that on February 19, 2019, the Town Council would

be discussing and possibly introducing an ordinance that would prohibit the sale of flavored tobacco

products in the Town of Corte Madera (Attachment 3). Staff followed up with each of the retailers

and provided a copy of the staff report upon publication of the agenda packet.

Enforcement of the provision prohibiting the sale of flavored tobacco products is recommended to 49

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begin January 1, 2020, which will allow for ample time for public outreach to communicate the

changes to tobacco retailers, and also allow time for tobacco retailers to sell any remaining supplies

of currently stocked items.

3. Prohibition of Pharmacies from Engaging in Tobacco Retailing (Tobacco-Free

Pharmacies)

The proposed Ordinance would prohibit any pharmacy from engaging in the sale of tobacco

products. The inclusion of this component is encouraged by the Marin County Tobacco Control

Program due to the inference that the availability of tobacco products in pharmacies sends a mixed

message to consumers about the dangers of tobacco products, makes it harder for smokers to quit,

and is a conflict of interest for pharmacists. Under this prohibition, the term “Tobacco Product” does

not include any cessation product specifically approved by the United States Food and Drug

Administration for use in treating nicotine or tobacco dependence.

The American Lung Association supports halting the sale of all tobacco products at retailers with

pharmacies. Additionally, all CVS Pharmacy locations have been tobacco-free since September

2014, acknowledging both the dangers associated with tobacco products and its interest in “looking

for ways to promote health and reduce the burden of disease”. Other Marin municipalities that

previously adopted ordinances establishing Tobacco Retailer License programs and prohibition of

sales of flavored tobacco products will also be asked to consider adding a tobacco-free pharmacy

provision in the future.

Enforcement of the provision prohibiting pharmacies from engaging in the sale of tobacco products

is recommended to begin January 1, 2020, to allow for ample time for public outreach to

communicate the changes to Rite Aid Pharmacy, the only pharmacy within Town limits, and also

allow time for the store to sell any remaining supplies of currently stocked items.

FISCAL IMPACT:

Fiscal impact is minimal, and the $50 recommended annual fee for a Tobacco Retailer License would

defer certain costs associated with staff time in issuing licenses.

Compliance monitoring is covered by the County of Marin, which has an MOU with the Marin

County Sheriff to conduct compliance checks for all tobacco retail outlets in Marin County. Per

Marin County’s Tobacco Related Disease Control Program, there would be no added cost for

compliance as they have an agreement to continue with the MOU for upcoming years.

Additional funding sources for compliance monitoring include:

The Central Marin Police received a three year tobacco grant for $125,000 for additional

education and enforcement.

The Marin County Sheriff’s Office recently received a $150,000 tobacco grant from the

Department of Justice that will supplement their enforcement for the next three years.

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Adoption of This Ordinance, which is intended to limit the availability of tobacco products to youth,

is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines

section 15061 because it can be seen with certainty that there is no possibility that adoption of the

ordinance may have a significant effect on the environment. (14 Cal. Code Regs. § 15061(3)).

OPTIONS:

1. Waive first reading and introduce Ordinance No. 983 as presented

2. Propose modifications to any of the components of the draft ordinance, or request additional

time for further public outreach, and direct staff to return for introduction at a later date.

3. Do nothing at this time

ATTACHMENTS:

1. Draft Ordinance No. 983

2. Matrix of tobacco retailers in Corte Madera and the products currently offered

3. Notice to Tobacco Retailers, distributed in person on February 12, 2019

4. Public Comment Received In Advance of Publication of the February 19, 2019 Town

Council Agenda Packet


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ATTACHMENT 1

Draft Ordinance No. 983

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ORDINANCE No. 983

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA (1)

AMENDING CORTE MADERA MUNICIPAL CODE TITLE 5 (BUSINESS LICENSES

AND REGULATIONS) TO ADD A TOBACCO RETAILER LICENSE REQUIREMENT,

PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS AND PROHIBIT

PHARMACIES FROM ENGAGING IN TOBACCO RETAILING, AND (2)

DETERMINING THAT THE ADOPTION OF THE ORDINANCE IS EXEMPT FROM

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

WHEREAS, the Town Council has received information and a request to consider adopting an

ordinance from Tobacco Free Marin to restrict the sale of flavored tobacco products through a

tobacco retail licensing program; and

WHEREAS, the staff has researched the potential impact of imposing a tobacco licensing

requirement on local retailers and on Town staff; and

WHEREAS, at its meeting of February 19, 2019, the Town Council conducted a duly noticed

public hearing and finds the proposed change to the Municipal Code necessary and in the best

interest of the community; and

WHEREAS, the Town Council finds that a local licensing system for tobacco retailers is

appropriate to ensure that retailers comply with tobacco control laws and business standards of the

Town, to protect the health, safety, and welfare of our residents; and

WHEREAS, studies have shown that e-cigarettes contain high levels of toxic chemicals; and

WHEREAS, the Centers for Disease Control and Prevention has reported a more than 800%

increase in e-cigarette use among middle school and high school students between 2011 and 2015;

and

WHEREAS, the liquid nicotine solutions consumed in e-cigarettes are marketed in a variety of

flavors that appeal to youth including cotton candy, bubble gum, and fruit; and

WHEREAS, the U.S. Food and Drug Administration and the U.S. Surgeon General have stated

that flavored tobacco products in e-cigarettes help establish smoking habits in youth that can lead

to long-term addiction; and

WHEREAS, traditional tobacco products including cigarettes, cigarillos, and chewing tobacco are

also sold in flavors (such as menthol and wintergreen) that appeal to young people, with data from

the National Youth Tobacco survey indicating that over two-fifths of U.S. middle school and high

school smokers report using flavored cigarillos or flavored cigarettes; and

WHEREAS, flavored tobacco products, including liquid e-cigarette solutions and traditional

flavored tobacco products, are commonly sold by California retailers. For example, 97.4% of

stores that sell cigarettes sell menthol cigarettes; 94.5% of stores that sell cigarillos sell flavored

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varieties; 84.2% of stores that sell e-cigarette devices sell flavored varieties; and 83.8% of stores

that sell chewing tobacco sell flavored chewing tobacco; and

WHEREAS, a local prohibition against the sale of flavored tobacco products is an effective means

to reduce the availability of these products to youth, thereby protecting the public health by

discouraging tobacco initiation and continued use; and

WHEREAS, State law contains various tobacco control laws including: the prohibition against the

sale or furnishing of tobacco products and smoking paraphernalia to minors (Cal. Pen. Code, §

308); the sale or furnishing of e-cigarettes to minors (Cal. Health & Safety Code, § 119405); and

the sale of loose or single cigarettes; and

WHEREAS, State law requires tobacco retailers check the identification of tobacco purchasers

who appear to be under 18 years of age (Cal. Bus. & Prof. Code, § 22956); and

WHEREAS, according to the California Department of Public Health, on average, 12.3% of

retailers throughout the State sell tobacco products to minors; and

WHEREAS, the failure of retailers to comply with tobacco control laws and other smoking laws,

particularly laws prohibiting sale to minors, presents an imminent threat to the public health,

safety, and welfare of the residents of Corte Madera; and

WHEREAS, the Town seeks to ensure compliance with State laws relating to tobacco retailing

and discourage violations of tobacco-related laws, particularly those that prohibit the sale or

distribution of smoking and tobacco products to minors; and

WHEREAS, a local licensing system for tobacco retailers is an effective means to ensure that

retailers comply with existing tobacco and smoking control laws in order to protect the public

health, safety, and welfare; and

WHEREAS, by selling tobacco products, pharmacies reinforce positive social perceptions of

smoking, convey tacit approval of tobacco use, and send a message that it is not so dangerous to

smoke; and

WHEREAS, tobacco-free pharmacy sales policies decrease the availability of tobacco products by

reducing tobacco retailer density by up to three times compared with communities that do not have

such policies, and immediately after the nationwide CVS policy change to not sell tobacco

products, cigarette purchases declined; and

WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail licensing

ordinances, and allows for the suspension or revocation of a local license for a violation of any

state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); and

WHEREAS, over 130 cities and counties in California have passed tobacco retailer licensing

ordinances in an effort to stop youth from using tobacco; and

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WHEREAS, the Town has a substantial interest in protecting youth and underserved populations

from the harms of tobacco use; and

WHEREAS, the Town Council finds that a local licensing system for tobacco retailers is

appropriate to ensure that retailers comply with tobacco control laws and business standards of the

Town of Corte Madera in order to protect the health, safety, and welfare of our residents;

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA DOES

ORDAIN AS FOLLOWS:

SECTION 1:

It is the intent of the Town Council in enacting this ordinance, to ensure compliance with the

business standards and practices of the Town and to encourage responsible tobacco retailing and to

discourage violations of tobacco-related laws, especially those which prohibit or discourage the

sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the

degree to which the acts regulated by federal or state law are criminally proscribed or to alter the

penalties provided therein.

The Town Council finds and determines that the adoption of this ordinance, which is intended

limit the availability of Tobacco Products to youth, is exempt from the California Environmental

Quality Act (CEQA) pursuant to CEQA Guidelines section 15061 because it can be seen with

certainty that there is no possibility that adoption of the ordinance may have a significant effect on

the environment. (14 Cal. Code Regs. § 15061(3)).

SECTION 2. Corte Madera Municipal Code Title 5 is hereby amended to read as follows:

Chapter 5.06 Tobacco Retailer License.

5.06.010 – Title

This chapter shall be known as the “Corte Madera Tobacco Retail License Ordinance”

5.06.020 - Purpose.

The Marin County Tobacco Control Program considers local Tobacco Retail License regulations

an effective deterrent to the violation of existing tobacco laws. Tobacco Retail License ordinances

restrict youth access to Tobacco and Tobacco Products by providing a mechanism for revoking a

retailer’s ability to sell tobacco. Additionally, communities are adopting local prohibitions against

the sale of Flavored Tobacco Products as a way to further reduce smoking and promote public

health.

5.06.030 - Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined

in this section unless the context clearly requires otherwise:

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1. “Arm’s Length Transaction” means a sale in good faith and for valuable consideration that

reflects the fair market value between two informed and willing parties, neither of which is

under any compulsion to participate in the transaction. A sale between relatives, related

companies or partners, or a sale for which a significant purpose is avoiding the effect of the

violations of this chapter is not an Arm’s Length Transaction.

2. “Cigar” means:

a. Any roll of tobacco wrapped entirely or in part in tobacco or in any substance

containing tobacco; or

b. Any paper or wrapper that contains tobacco and is designed for smoking or

ingestion of Tobacco Products.

c. For the purposes of this subsection, "Cigar" includes, but is not limited to,

tobacco products known or labeled as "Cigar," "cigarillo," "tiparillo," "little

cigar," "blunt wrap," or "cigar wrap."

3. “Characterizing Flavor” means a taste or aroma, other than the taste or aroma of tobacco,

imparted either prior to or during consumption of a Tobacco Product or any byproduct

produced by the Tobacco Product, including, but not limited to, tastes or aromas relating to

menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert,

alcoholic beverage, herb, or spice; provided, however, that a Tobacco Product shall not be

determined to have a Characterizing Flavor solely because of the use of additives or

flavorings or the provision of ingredient information.

4. “Constituent” means any ingredient, substance, chemical, or compound, other than tobacco,

water, or reconstituted tobacco sheet that is added by the manufacturer to a Tobacco

Product during the processing, manufacture, or packing of the Tobacco Product.

5. “Department” means the Town Manager or that person’s delegee.

6. “Distinguishable” means perceivable by either the sense of smell or taste.

7. “Electronic smoking device” means an electronic device which can be used to deliver an

inhaled dose of nicotine, or other substances, including any component, part, or accessory

of such a device, whether or not sold separately. "Electronic smoking device" includes any

such Electronic smoking device, whether manufactured, distributed, marketed, or sold as an

electronic cigarette, an electronic cigar, an electronic cigarillo, an electronic pipe, an

electronic hookah, or any other product name or descriptor.

8. “Flavored Tobacco Product” means any Tobacco Product that imparts a Characterizing

Flavor.

9. “Pharmacy” means a retail establishment in which the profession of pharmacy by a

pharmacist licensed by the State of California in accordance with the Business and

Professions Code is practiced and where prescriptions are offered for sale. A Pharmacy

may also offer other retail goods in addition to prescription pharmaceuticals.

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10. “Proprietor” means a Person with an ownership or managerial interest in a business. An

ownership interest shall be deemed to exist when a Person has a ten percent (10%) or

greater interest in the stock, assets, or income of a business other than the sole interest of

security for debt. A managerial interest shall be deemed to exist when a Person can or

does have or share ultimate control over the day-to-day operations of a business.

11. “Self-Service Display” means the open display or storage of Tobacco Products or Tobacco

Paraphernalia in a manner that is physically accessible in any way to the general public

without the assistance of the retailer or employee of the retailer and a direct person-to-

person transfer between the purchaser and the retailer or employee of the retailer. A

vending machine is a form of Self-Service Display.

12. “Tobacco Paraphernalia” means any item designed or marketed for the consumption, use,

or preparation of Tobacco Products.

13. “Tobacco Product” means:

a. any product containing, made, or derived from tobacco or nicotine that is intended

for human consumption, whether smoked, heated, chewed, absorbed, dissolved,

inhaled, snorted, sniffed, or ingested by any other means, including, but not limited

to cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping

tobacco, or any other preparation of tobacco; and

b. any electronic device that delivers nicotine or other substances to the Person

inhaling from the device, including, but not limited to, an electronic cigarette,

electronic cigar, electronic pipe, or electronic hookah.

14. Notwithstanding any provision of subsections (1) and (2) to the contrary, “Tobacco

Product” includes any component, part, or accessory intended or reasonably expected to

be used with a Tobacco Product, whether or not sold separately, and any product or

formulation of matter containing biologically active amounts of nicotine that is

manufactured, sold, offered for sale, or otherwise distributed with the expectation that the

product or matter will be introduced into the human body. “Tobacco Product” does not

include any cessation product specifically approved by the United States Food and Drug

Administration for use in treating nicotine or tobacco dependence. “Tobacco Retailer”

means any Person who sells, offers for sale, or does or offers to exchange for any form of

consideration, tobacco, Tobacco Products, or Tobacco Paraphernalia. “Tobacco Retailing”

shall mean the doing of any of these things. This definition is without regard to the

quantity of Tobacco Products or Tobacco Paraphernalia sold, offered for sale, exchanged,

or offered for exchange.

5.06.040 - General Requirements and Prohibitions.

1. Tobacco Retailer’s License Requirement. It shall be unlawful for any Person to act as a

Tobacco Retailer in Town without first obtaining and maintaining a valid Tobacco

Retailer’s license pursuant to this chapter for each location at which Tobacco Retailing is to

occur. Tobacco Retailing without a valid Tobacco Retailer’s license is a nuisance as a

matter of law.

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2. Lawful Business Operation. In the course of Tobacco Retailing or in the operation of the

business or maintenance of the location for which a license is issued, it shall be a violation

of this chapter for a licensee, or any of the licensee’s agents or employees, to violate any

local, state, or federal law applicable to Tobacco Products, Tobacco Paraphernalia, or

Tobacco Retailing.

3. Display of License. Each Tobacco Retailer license shall be prominently displayed in a

publicly visible location at the licensed location.

4. Positive Identification Required. No Person engaged in Tobacco Retailing shall sell a

Tobacco Product or Tobacco Paraphernalia to another Person who appears to be under the

age of twenty-seven (27) years without first examining the identification of the recipient to

confirm that the recipient is at least the minimum age for sale of Tobacco Products as

established by state law.

5. Minimum Age for People Selling Tobacco. No Person who is younger than 18 years of

age shall engage in tobacco retailing.

6. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is

prohibited.

7. False and Misleading Advertising Prohibited. A Tobacco Retailer without a valid Tobacco

Retailer license or a Proprietor without a valid Tobacco Retailer license, including, for

example, a Person whose license has been suspended or revoked:

a. shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The

public display of Tobacco Products or Tobacco Paraphernalia in violation of this

provision shall constitute Tobacco Retailing without a license under Section

5.06.130 and

b. shall not display any advertisement relating to Tobacco Products or Tobacco

Paraphernalia that promotes the Sale or distribution of such products from the

Tobacco Retailer’s location or that could lead a reasonable Consumer to believe

that such products can be obtained at that location.

8. Sale of Flavored Tobacco Products Prohibited.

No Tobacco Retailer shall sell a Tobacco Product containing, as a constituent or additive,

an artificial or natural flavor or an herb or spice, including without limitation strawberry,

grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate,

cherry, coffee, menthol, mint or wintergreen that is a Characterizing Flavor of the Tobacco

Product or smoke produced by the Tobacco Product unless:

a. The Tobacco Product consists of a package of Cigars containing at least five cigars

or more; or

b. The Tobacco Product consists of a single Cigar for which the retail price exceeds

five dollars ($5.00); or

c. The Tobacco Product consists of pipe tobacco; or

d. The Tobacco Product consists of a package of chewing tobacco or snuff containing

at least five units or more.

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9. Minimum Package Size For Cigars.

Notwithstanding any other provision of this section, it shall be a violation of this section for

any licensee or any of the licensee's agents or employees to sell, offer for sale, or exchange

for any form of consideration

a. Any single Cigar, whether or not packaged for individual sale;

b. Any number of Cigars fewer than the number contained in the manufacturer's

original consumer packaging designed for retail sale to a consumer; or

c. Any package of Cigars containing fewer than five cigars.

This subsection (9) does not apply to the sale or offer for sale of a single Cigar for which

the retail price exceeds five dollars ($5.00).

10. Pharmacies Cannot Sell Tobacco Products.

No license may be issued to authorize Tobacco Retailing in a Pharmacy and no Pharmacy

shall engage in Tobacco Retailing at any time.

5.06.050 - Application Process.

1. An application for a Tobacco Retailer’s license shall be submitted in the name of each

Proprietor proposing to conduct or conducting retail tobacco sales and shall be signed by

each Proprietor or an authorized agent thereof. It is the responsibility of each Proprietor to

be informed regarding all laws applicable to Tobacco Retailing, including those laws

affecting the issuance of a Tobacco Retailer’s license. No Proprietor may rely on the

issuance of a license as a determination by the Town that the Proprietor has complied with

all laws applicable to Tobacco Retailing. A license issued contrary to this chapter, contrary

to any other law, or on the basis of false or misleading information supplied by a Proprietor

shall be revoked pursuant to Section 5.06.120(3) of this chapter. Nothing in this chapter

shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer’s

license any status or right to act as a Tobacco Retailer in contravention of any provision of

law.

a. All applications shall be submitted on a form supplied by the Department and shall

contain the following information:

i. The name, address, and telephone number of each Proprietor of the business

seeking a license.

ii. The business name, address, and telephone number of the single fixed

location for which a license is sought.

iii. A single name and mailing address authorized by each Proprietor to receive

all communications and notices (the “Authorized person and Address”)

required by, authorized by, or convenient to the enforcement of this chapter.

If an Authorized Address is not supplied, each Proprietor shall be

understood to consent to the provision of notice at the business address

specified in subparagraph (2) above.

iv. Proof that the location for which a Tobacco Retailer’s license is sought has

been issued a valid state tobacco retailer’s license by the California Board of

Equalization.

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v. Such other information as the Department deems necessary for the

administration or enforcement of this chapter as specified on the application

form required by this section.

2. A licensed Tobacco Retailer shall inform the Department in writing of any change in the

information submitted on an application for a Tobacco Retailer’s license within ten (10)

business days of a change.

3. All information specified in an application pursuant to this section shall be subject to

disclosure under the California Public Records Act (California Government Code section

6250 et seq.) or any other applicable law, subject to the law’s exemptions.

5.06.060 - Issuance of License.

1. Bases for Denial of License. Upon the receipt of a complete application for a Tobacco

Retailer’s license and the license fee required by this chapter, the Department shall issue a

license unless substantial evidence demonstrates that one or more of the following bases for

denial exists:

a. The information presented in the application is inaccurate or false. Intentionally

supplying inaccurate or false information shall be a violation of this chapter;

b. The application seeks authorization for Tobacco Retailing at a location for which

this chapter prohibits a licensed to be issued. However, this subparagraph shall not

constitute a basis for denial of a license if the applicant provides the town with

documentation demonstrating by clear and convincing evidence that the applicant

has acquired or is acquiring the location or business in an arm's length transaction.

c. The application seeks authorization for Tobacco Retailing for a Proprietor to whom

this chapter prohibits a license to be issued;

2. The application seeks authorization for tobacco retailing at a location, that is unlawful

pursuant to this Code, including without limitation, a provision of a zoning ordinance or

building code, or that is unlawful pursuant to any other law.

3. Appeal of Denial of License. Subject to 5.06.120(3), a decision of the Department to deny a

license is appealable to the Town Council under Title 5, Section 5.04.210 of the Corte

Madera Municipal Code.

5.06.070 - License Renewal And Expiration.

1. Renewal of License. A Tobacco Retailer’s license is invalid if the appropriate fee has not

been timely paid in full or if the term of the license has expired. The term of a Tobacco

Retailer’s license is one calendar year. Each Tobacco Retailer shall apply for the renewal of

their Tobacco Retailer’s license and submit the license fee no later than January 1 of each

year and annually thereafter.

2. Expiration of License. Expiration of License. A Tobacco Retailer's license that is not

timely renewed shall expire on December 31 of each year. To renew a license not timely

renewed pursuant to subparagraph a., above, the proprietor must:

a. Submit the license fee and the renewal form; and

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b. Submit a signed affidavit affirming that the proprietor has not sold and will not sell

any Tobacco Product or Tobacco Paraphernalia after the license expiration date and

before the license is renewed.

5.06.080 - Transfer Restrictions.

1. A Tobacco Retailer’s license may not be transferred from one location to another.

2. A new Tobacco Retailer’s license is required whenever a Tobacco Retailing location has a

change in proprietor(s).

3. Notwithstanding any other provision of this section, prior violations at a location shall

continue to be counted against a location and license ineligibility periods shall continue to

apply to a location unless the new proprietor(s) provide the Department with clear and

convincing evidence that the new proprietor(s) have acquired or are acquiring the location

in an arm's length transaction.

5.06.090 - License Conveys A Limited, Conditional Privilege.

Nothing in this chapter shall be construed to grant any person obtaining and maintaining a

Tobacco Retailer's license any status or right other than the limited conditional privilege to

act as a Tobacco Retailer at the location in the Town identified on the face of the license.

For example, nothing in this section shall be construed to render inapplicable, supersede, or

apply in lieu of, any other provision of applicable law, including but not limited to, any

provision of this Code including, without limitation, the zoning ordinance and building

codes, or any condition or limitation on smoking in an enclosed place of employment

pursuant to California Labor Code Section 6404.5. For example, obtaining a Tobacco

Retailer license does not make the retailer a "retail or wholesale tobacco shop" for the

purposes of California Labor Code Section 6404.5.

5.06.100 - Fee For License.

The fee to issue or to renew a Tobacco Retailer’s license shall be established from time to

time by resolution of the Town Council. The fee shall be calculated so as to recover the

cost of administration and enforcement of this chapter, including, for example, issuing a

license, administering the license program, retailer education, retailer inspection and

compliance checks, documentation of violations, and prosecution of violators, but shall not

exceed the cost of the regulatory program authorized by this chapter. Fees are

nonrefundable except as may be required by law.

5.06.110 - Compliance Monitoring.

1. Compliance with this chapter shall be monitored by the Department. In addition, any peace

officer may enforce the penal provisions of this chapter. The Department may designate

any number of additional Persons to monitor compliance with this chapter.

2. The Department will work with Marin County Tobacco Program to inspect each tobacco

retailer at least one time per 12-month period. Nothing in this paragraph shall create a right

of action in any licensee or other Person against the Town or its agents.

5.06.120 - Suspension or Revocation of License. 61

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1. Suspension or Revocation of License for Violation. In addition to any other penalty

authorized by law, a Tobacco Retailer’s license shall be suspended or revoked if any court

of competent jurisdiction determines, or the Department finds based on a preponderance of

the evidence, after the licensee is afforded notice and an opportunity to be heard, that the

licensee, or any of the licensee’s agents or employees, has violated any of the requirements,

conditions, or prohibitions of this chapter or has pleaded guilty, “no contest” or its

equivalent, or admitted to a violation of any law designated in Section 5.06.040 above.

a. Upon finding by the Department of a first violation, the Tobacco Retailer will be

issued a warning.

b. Upon a finding by the Department of a second violation of this chapter at a location

within any 60-month period, the license shall be suspended for thirty (30) days.

c. Upon a finding by the Department of a third violation of this chapter at a location

within any 60-month period, the license shall be suspended for ninety (90) days.

d. Upon a finding by the Department of a fourth violation of this chapter at a location

within any 60-month period, the license shall be suspended for one year. Upon a

finding by the Department of five or more violations of this chapter at a location

within any 60-month period, the license shall be revoked.

2. Appeal Of Suspension Or Revocation. A Department decision to suspend or revoke a

license is appealable under Title 5, Section 5.04.210 of the Corte Madera Municipal Code.

If such an appeal is timely made, it shall stay enforcement of the appealed action. An

appeal to the Town Council is not available for a revocation made pursuant to subsection 3

below.

3. Revocation of License Wrongly Issued. A Tobacco Retailer’s license shall be revoked if

the Department finds, after the licensee is afforded notice and an opportunity to be heard,

that one or more of the bases for denial of a license under Section 5.06.090 existed at the

time the application was submitted or at any time before the license issued. The decision by

the Department shall be the final decision of the Town. Such a revocation shall be without

prejudice to the filing of a new license application.

4. Judicial Action. Any final administrative action to suspend or revoke a Tobacco Retailer's

license under this section shall be subject to judicial review pursuant to California

Government Code Section 53069.4, which, among other things, requires such a judicial

challenge to be brought within 20 days of service of the final decision.

5.06.130 - Tobacco Retailing Without a Valid License.

1. In addition to any other penalty authorized by law, if a court of competent jurisdiction

determines, or the Town Council finds based on a preponderance of evidence, after notice

and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a

location without a valid Tobacco Retailer’s license, either directly or through the Person’s

agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco

Retailer’s license as follows:

a. After a first violation of this section at a location within any 60-month period, no

new license may issue for the Person or the location (unless ownership of the 62

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business at the location has been transferred in an Arm’s Length Transaction), until

thirty (30) days have passed from the date of the violation.

b. After a second violation of this section at a location within any 60-month period, no

new license may issue for the Person or the location (unless ownership of the

business at the location has been transferred in an Arm’s Length Transaction), until

ninety (90) days have passed from the date of the violation.

c. After of a third or subsequent violation of this section at a location within any 60-

month period, no new license may issue for the Person or the location (unless

ownership of the business at the location has been transferred in an Arm’s Length

Transaction), until 60-months have passed from the date of the violation.

2. Tobacco Products and Tobacco Paraphernalia offered for sale or exchange in violation of

this section are subject to seizure by the Department or any peace officer and shall be

forfeited after the licensee and any other owner of the Tobacco Products and Tobacco

Paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the

Tobacco Products and Tobacco Paraphernalia were not offered for sale or exchange in

violation of this section. The decision by the Department may be appealed pursuant to the

procedures set forth in section 5.06.120(2). Forfeited Tobacco Products and Tobacco

Paraphernalia shall be destroyed after all internal appeals have been exhausted and the time

in which to seek judicial review pursuant to California Code of Civil Procedure Section

1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is

filed, after judgment in that suit becomes final.

3. For the purposes of the civil remedies provided in this section, each of the following

constitutes a separate violation of this section:

a. Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for sale

in violation of this section; or

b. Each individual retail Tobacco Product and each individual retail item of Tobacco

Paraphernalia that is distributed, sold, or offered for sale in violation of this section.

For the purposes of the civil remedies provided in this chapter each of the following

constitutes a separate violation of this section:

5.06.140 - Additional Remedies.

1. The remedies provided by this chapter are cumulative and in addition to any other remedies

available at law or in equity.

2. Whenever evidence of a violation of this chapter is obtained in any part through the

participation of a Person under the age of twenty-one (21) years old, such a Person shall not be

required to appear or give testimony in any civil or administrative process brought to enforce

this chapter and the alleged violation shall be adjudicated based upon the sufficiency and

persuasiveness of the evidence presented.

3. Violations of this chapter are subject to a civil action brought by the Town Attorney,

punishable by a civil fine not less than $250 and not exceeding $1,000 per violation.

4. Violations of this chapter may, in the discretion of the Town Attorney, be prosecuted as

infractions or misdemeanors when the interests of justice so require. 63

18

5. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this

chapter shall also constitute a violation of this chapter.

6. Violations of this chapter are hereby declared to be public nuisances.

7. In addition to other remedies provided by this chapter or by other law, any violation of this

chapter may be remedied by a civil action brought by the Town Attorney including, for

example, administrative or judicial nuisance abatement proceedings, civil or criminal code

enforcement proceedings, and suits for injunctive relief.

5.06.150 - Enforcement. This Chapter shall not be enforced until January 1, 2020.

SECTION 3: Severability. The Town Council hereby declares every section, paragraph, sentence,

clause and phrase is severable. If any section, paragraph, sentence, clause or phrase of this ordinance

is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall

not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses

or phrases.

SECTION 4: Inclusion in the Corte Madera Municipal Code. It is the intention of the Corte

Madera Town Council that the text in Section 2 be made a part of the Corte Madera Municipal Code

and that the text may be renumbered or re-lettered and the word "Ordinance" may be changed to

"Section", "Chapter", or such other appropriate word or phrase to accomplish this intention.

SECTION 5: Effective date. This Ordinance shall go into effect thirty (30) days from its adoption,

with enforcement beginning as stated in Section 5.06.150, and shall be posted or published as

required by State law.

SECTION 6: Posting. The Town Clerk shall cause a summary of this ordinance to be published in

the Marin Independent Journal within 5 days prior to passage and within 15 days after passage.

********

This ordinance was introduced on the 19th day of February, 2019, and adopted on the 5th

day of March, 2019, by the following vote:

AYES: Town Council Members:

NOES: Town Council Members:

ABSENT: Town Council Members:

ABSTAIN: Town Council Members:

APPROVE: ____________________________

BOB RAVASIO, MAYOR

ATTEST:

REBECCA VAUGHN, TOWN CLERK 64

19

ATTACHMENT 2

Matrix of tobacco retailers in Corte Madera and the products currently offered

Merchants Chewing Tobacco

Cigarettes Cigars Electronic cigarettes such as JUULs, incl. pods

Gasoline Stations Chevron Yes Yes Yes Yes

Corte Madera Unocal 76 Yes Yes Yes Yes

Kwik Serv Yes Yes Yes Yes

General Retail*

Colonial Liquors Yes Yes Yes Yes

Paradise Wine and Spirits Yes Yes Yes Yes

Rite Aid Pharmacy No Yes Yes Yes

Safeway No Yes Yes No

Researched February 2019

* The Town Clerk visited Andy’s Local Market on Tamal Vista Blvd. and the Nugget Market on

Paradise Dr. and confirmed with store staff that no tobacco products are sold at those locations.

Tobacco Retailers in Corte Madera Tobacco Retailers in Corte Madera

65

20

ATTACHMENT 3

Notice to Tobacco Retailers, distributed in person on February 12, 2019

66

THE Towx oFConre Meoe nlMARIN (]OUNTY CAI,IFORNIA

3oo TAMALPAIS DRIYE

Conrn MaoenA., CA

94925-1.492

www townofcortemadera. org

Towrs MaNaceR

Towlr Couucrr

415-927-5o50

TowN Crpnr415-927-5o85

FrwewcB / Bus. Lrcsxsr

4L5-927-5o55

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415-927-5077

PLaNNTNc / ZoNnlc

4t5-927 -5o64

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415-927 -5o62

TowN ENcrNrrn

Puerrc Wonrs

4t5-927 -5057

RecnrarroN DrpeRturNr4r5-927-5072

SeNrreRv Drsrnrc'r No. z

4t5-927-5o57

CBNtRe.r, MeRrN

Polrcr Aulrt onrrv475-927-575o

February 12,2019

Notice regarding upcoming Town Council Public Hearing on anOrdinance to regulate tobacco product sales and require the licensureoftobacco retailers

To whom it may concem:

At its February 19,2019 meeting, the Corte Madera Town Council willhold a Public Hearing to review, discuss and hear public commentregarding a proposed Ordinance that would regulate tobacco product salesand require retailers who sell tobacco products to obtain a license from theTown of Corte Madera. The proposed ordinance would also ban the sale offlavored tobacco products by retailers within the Town limits.

At the February lgth meeting, staff will recommend that the Ordinance beintroduced, that the cost for a Tobacco Retail License be set at $50 peryear, that cuffent tobacco retailers submit an application within 90 days ofthe effective date of the Ordinance, and that sales of flavored tobaccoproducts cease within six (6) months following the effective date of theOrdinance. The Town Council will discuss these recommendations duringthe public hearing and may recommend modifications to the proposedordinance. If the Town Council votes to introduce the Ordinance, it may beadopted at the following Town Council meeting on Tuesday, March 5,2019.

The Town Council and Town staff welcomes your input regarding thepotential introduction and adoption of the Tobacco Retail Licenseordinance and ban on the sale of flavored tobacco products. If you wouldlike to attend the Town Council meeting on Tuesday, February 19,2019,the meeting will begin at 6:30pm in the Town Hall Council Chamberslocated at 300 Tamalpais Drive in Corte Madera, CA.

If you are unable to attend the Town Council meeting in person, you canprovide your comments in writing to the Town Clerk at 300 TamalpaisDrive, Corte Madera, CA94925 or via email to the Town Clerk, RebeccaVaughn at [email protected]. Please send written comments by 4pmon Tuesday, February 19,2019 and your comments will be provided to theCouncil and the public at the meeting.

Please contact my office at 415-927-5085 with any questions regarding thePublic Hearing or the proposed sldipanne

Sincerely,

Rebecca >Ea

Tnr Towu opConre Maorna

Rpencce VeucnN'Ibwn Clerk

Assistant to the'Ibwtt Manager

300 Tamalpais DriveCorte Madera, CA94925

Tel:415 927 5085Fax:415 927 5087

[email protected]

Town Clerk, Town of Corte Madera

MARIN COUNTYCAIIFONh

67

21

ATTACHMENT 4

Public Comment Received In Advance of Publication of the

February 19, 2019 Town Council Agenda Packet

68

1

Rebecca Vaughn

From: Phillip Gardiner <[email protected]>Sent: Friday, February 15, 2019 9:34 AMTo: Bob Ravasio; James Andrews; Sloan Bailey; Eli Beckman; David Kunhardt; Todd

Cusimano; Rebecca VaughnCc: Dr. Val; Carol McGruder; Phillip Gardiner; Elizabeth EmersonSubject: Adopt Citywide Restriction on the Sale of Menthol and all Other Flavored Tobacco

Products, Including Flavored E-Juices in the City of Corte MaderaAttachments: Menthol Restrictions Corte Madera.pdf

Corte Madera Town Council, Attached is a letter from the African American Tobacco Control Leadership Council strongly encouraging you to restrict the sale of menthol and all flavored tobacco products, including flavored e-juices in the City of Corte Madera; For the health of Corte Madera, we are counting on you. Phillip Gardiner, Dr. P.H. Co-Chair African American Tobacco Control Leadership Council

69

February 15, 2019

To: Mayor Bob Ravasio, Vice Mayor James Andrews, Councilmember Sloan Bailey, Councilmember Eli Beckman and Councilmember David Kunhardt From: The African American Tobacco Control Leadership Council Re: Adopt Citywide Restriction on the Sale of Menthol and all Other Flavored Tobacco Products, Including Flavored E-Juices in the City of Corte Madera The African American Tobacco Control Leadership Council (AATCLC) strongly encourages the Corte Madera Town Council to restrict the sale of menthol and all flavored tobacco products, including flavored e-juices citywide, with no adult venue exemptions. We already know that 80% of youth’s 12-17 start smoking using flavored cigarettes (Ambrose et al., 2015). If the Town Council truly wants a healthier Corte Madera, and we believe that you do, then it is imperative that the sales of menthol and all other flavored tobacco products be restricted and the predatory marketing of these products be recognized as a social injustice issue, an issue that disproportionately impacts poorer communities, marginalized groups, youths and communities of color.

This is no minor matter. Menthol and flavored tobacco products are driving tobacco-caused deaths and diseases nation-wide. While the use of non-flavored tobacco cigarettes has been decreasing, the use of menthol cigarettes is on the rise, among youth and adults; among Latinos, Blacks, and Whites (Villanti, 2016). Let’s be clear, the majority of women smokers smoke menthol cigarettes; folks from the LGBTQ community disproportionately smoke these products; 47% of Latino smokers prefer menthol cigarettes, with 62% of Puerto Rican smokers using menthol; nearly 80% of Native Hawaiians; a majority of Filipinos; and a majority of smokers with behavioral health issues smoke menthol cigarettes. Frankly, most marginalized groups disproportionately use these “minty” products (CDC, 2010; Fallin, 2015; Forbes, 2013; Delnevo, 2011; Hawaii State Dept. of Health, 2009; Euromonitor, 2008; Hickman, 2015).

Moreover, 85% African American adults and 94% of Black youth who smoke are using menthol products (Giovino, 2013). These striking statistics arise from the predatory marketing of these products in the Black Community, where there are more advertisements, more lucrative promotions, and cheaper prices for menthol cigarettes compared to other communities (Henriksen et al., 2011; Seidenberg et al., 2010).

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http://r20.rs6.net/tn.jsp?t=kz8nlu9ab.0.0.rmsznzbab.0&id=preview&r=3&p=http://www.savingblacklives.org/

The Council should be aware that menthol, as if to add insult to injury, masks the harsh taste of tobacco and allows for deeper inhalation of toxins and greater amounts of nicotine. Furthermore, the presence of menthol makes cigarettes harder to quit compared to other cigarettes (Ton et al., 2015; Levy et al., 2011). The “cool refreshing taste of menthol” heralded by the tobacco industry is just a guise; ultimately, menthol allows the poisons in cigarettes and cigarillos to “go down into the body” more easily.

We all have been reading in the papers about the “JUUL Explosion,” where a little thumb drive looking device is used more than regular cigarettes among youth (CDC, 2018). And one of the major drivers of the massive uptake of c-cigarettes among youth is the fact that there are over 15,000 kid friendly flavors available in the marketplace! ((https://www.flavorshookkids.org/ 2018). The vaporist community would like you to believe that aerosol inhaled by e-cigarette users is only water vapor – nothing could be further from the truth. Here are the facts:

1. E-cigarettes are tobacco products that deliver nicotine, an addictive substance that especially in youth can compromise the brains executive functioning (Report of the Surgeon General, 2014).

2. The propylene glycol and vegetable glycerin that constitute a large portion of the e-juice and the resulting vapor are not FDA approved for inhalation.

3. The 15,000+ flavors available on the market may be Generally Recognized as Safe (GRAS) for ingestion, but they are not GRAS for inhalation.

4. There are as many, if not more, metals in the vapor of e-cigarettes than found in cigarette smoke (Williams et al., 2013).

5. Many of the same toxins and carcinogens found in regular cigarettes, like benzene, formaldehyde, and tobacco specific nitrosamines, can be found in e-cigarette vapor (Goniewicz et al., 2013). And yes, these toxins and carcinogens are at lower levels than in a regular cigarette; while these lower levels may be safer, this does not mean that e-cigarettes are safe!

6. The vapor from e-cigarettes activates platelet formation just like regular cigarettes; such platelet activity leads to arterial blockages (Hom et al., 2016).

7. E-cigarette aerosol consists of ultrafine particles at levels comparable to or higher than cigarettes. These particles can cause cardiovascular and pulmonary disease. In addition, the particle size in e-cigarettes is often smaller, and thus more dangerous, than those generated by cigarettes (Fuoco FC, Buonanno G, Stabile L, Vigo P. 2014).

8. Kids who start with e-cigarettes are more likely to become regular cigarette users, and unfortunately, in many cases dual users (Byrne S et al., 2018).

9. Here is a link to the European Public Health Association: Fact or Fiction on E-cigs: https://eupha.org/repository/advocacy/EUPHA_facts_and_fiction_on_e-cigs.pdf

The AATCLC is calling upon the Corte Madera Town Council to join a growing number of cities and counties around the country that are restricting jurisdiction-wide the sales of menthol cigarettes and all other flavored tobacco products, including flavored e-juices. In June 2018, San Francisco voters passed the first ever citywide restriction on the sales of all flavored tobacco

71

https://www.flavorshookkids.org/

https://eupha.org/repository/advocacy/EUPHA_facts_and_fiction_on_e-cigs.pdf

products, including menthol cigarettes and flavored e-cigarette juices. This “strongest flavor ban law ever” was rapidly replicated in the City of Richmond the following month. Within weeks, Beverly Hills followed suit, with their own city wide restrictions. Since November the cities of Alameda, Santa Cruz, San Pablo, Hermosa Beach and Needham in Massachusetts all have adopted their own citywide restrictions, and the county of Marin approved a county-wide ban for its unincorporated areas. Even the Food and Drug Administration is finally talking about getting rid of menthol cigarettes and flavors in little cigars and cigarillos. We also recognize that there has been legislation introduced in Sacramento to ban flavors state-wide. While these developments are welcomed, we know that the tobacco industry will use all its muscle to slow down and curtail these national and state efforts. Hence, it is imperative that cities, like Corte Madera, take the lead and join the growing movement to remove flavored tobacco products, especially menthol cigarettes, from the market place by adopting a citywide ordinance to restrict their sale.

Formed in 2008, the African American Tobacco Control Leadership Council is composed of a cadre of dedicated community activists, academics, public health advocates and researchers. Even though based in California, we are national in our scope and reach. We have partnered with community stakeholders, elected officials, and public health agencies, from Chicago and Minneapolis to Berkeley and San Francisco. Our work has shaped the national discussion and direction of tobacco control policy, practices, and priorities, especially as they affect the lives of Black Americans, African immigrant populations and ultimately all smokers. The AATCLC has been at the forefront in elevating the regulation of mentholated and other flavored tobacco products on the national tobacco control agenda, including testifying at the FDA hearings when the agency was first considering the removal of menthol cigarettes from the marketplace.

We here at the AATCLC recognize that the Council may be under extraordinary pressure from the tobacco industry and the vaporist community to put profits above human life by limiting or curtailing restrictions on flavored tobacco products. Please join your sister cities and stand up to the tobacco industry and their allies – Call for: No Selling of Menthol Cigarettes and All Other Flavored Tobacco Products, including Flavored E-Juices Citywide in Corte Madera. Say “No” to the continued predatory marketing of flavored tobacco products to our youth, and say “Yes” to the health and welfare of our kids, who are the most vulnerable. In fact, say “Yes” to the protection for all residents of Corte Madera.

We are all counting on you!

Sincerely,

Phillip Gardiner, Dr. P.H. Co-Chair AATCLC www.savingblacklives.org

72

http://www.savingblacklives.org/

Carol McGruder, Co-Chair AATCLC

Valerie Yerger, N.D., Co-Chair AATCLC

73

1

Rebecca Vaughn

From: Smoke-Free Marin Coalition <[email protected]>Sent: Friday, February 15, 2019 1:08 PMTo: Bob Ravasio; James Andrews; Sloan Bailey; Eli Beckman; David Kunhardt; Todd

Cusimano; Rebecca VaughnCc: Todd Cusimano; Rebecca VaughnSubject: Letter of Support for Tuesday's discussion on Tobacco Retailer LicensingAttachments: Smoke-Free Marin Coalition Letter to Corte Madera for February 19 Council

meeting.docx

Greetings Mayor Ravasio and Corte Madera Council,

Attached is a letter of support for your upcoming Tobacco Retailer Licensing discussion from the Smoke-Free Marin Coalition, which has served as a public health resource for Corte Madera and other local jurisdictions for 29 years.

Thank you for your commitment to addiction-free youth!

Jennie

Jennie Cook, Co-Chair

Smoke-Free Marin Coalition

Email: [email protected]

Web: www.smokefreemarin.com

We do this important work because every precious life matters to someone!

74

SMOKE-FREE MARIN

COALITION

American Cancer Society

American Lung Association

Marin County Tobacco Related Disease Control Program

Bay Area Community Resources

Marin County Pharmacists Association

Marin County Office of Education

Asian Advocacy/ Community Action Marin

American Heart Association Familes4SafeSchoools Pharmacists Planning Services Canal Community Alliance Smoke-Free Marin Website:

www.smokefreemarin.com

Date: February 15, 2019 From: Jennie Cook, Chair, Smoke-Free Marin Coalition To: Corte Madera Mayor and City Council Re: Support for Corte Madera draft Tobacco Retailer Licensing Ordinance The Smoke-Free Marin Coalition has members in Corte Madera and county-wide organizations that serve Corte Madera residents. We reviewed the draft ordinance posted on your website and we urge you to move forward with ALL components including banning flavored and menthol cigarettes, “tobacco-free pharmacies” and small packs of cigarillos (little cigars that appeal to youth). Now that San Francisco’s ballot measure that banned flavors and menthol overwhelmingly passed by voter approval, we are working with other Marin jurisdictions to enact the same ordinance, one that is more progressive in including menthol, similar to more recent communities. After the San Francisco victory, Sausalito and County, Unincorporated recently passed ordinances to include a full ban including menthol tobacco products that were unfairly marketed to members of diverse communities and youth. This will promote enforcement and prevent a patchwork situation where youth will figure out that they can still buy menthol or other tobacco products in Corte Madera but not in the other communities.

New data from the 2017-18 California Healthy Kids Survey, produced by the state’s

Department of Education, surveyed Marin County youths in 2016 and 2018. Over the

two-year interval, increased use of electronic cigarettes and other vaping devices was

reported for all age groups, from seventh through 11th grade. The data also shows

that show that e-cigarette usage, known as”vaping,” has more than doubled in

the past two years among Marin County seventh, ninth, and 11th graders. The

largest increase was seen in the number of 11th graders who reported vaping

regularly, from 11 percent to 28 percent. We are grateful for your Council’s speedy action on this. While the Food and Drug Administration is looking to take some action, we heard from a recent presentation by the FDA that they encourage local governments to move forward and do what can’t be done quickly at the federal level. Please know that the Smoke-Free Marin Coalition: a group of nearly 20 county-wide agencies and many volunteers, stand ready to support the Corte Madera Council before, during and after you enact your Tobacco Retailer Licensing Ordinance. We will also post it on our website, which receives between 1000-2000 visitors every month- most of these are Marin residents who are looking up their community’s ordinance. It is our most frequently visited page, so we know that there is broad public support for local tobacco control legislation in this health- conscious county. On behalf of the Smoke-Free Marin Coalition members, I thank you for caring about our local youth and their future by including every possible protection in your Tobacco Retailer Licensing Ordinance. Sincerely, Jennie Cook, Chair, Smoke-Free Marin Coalition Email: [email protected] Web: www.smokefreemarin.com 75

http://www.smokefreemarin.com/

https://www.marincounty.org/main/county-press-releases/press-releases/2018/hhs-vaping-092118

https://www.cde.ca.gov/ls/he/at/chks.asp

mailto:[email protected]

http://www.smokefreemarin.com/

February 15, 2019 Dear Corte Madera Town Council: The San Francisco Marin Medical Society (SFMMS) wholeheartedly supports the Corte Madera Town Council in moving forward with the strongest possible Tobacco Retailer Licensing Ordinance (TRL) to protect youth from nicotine addiction. Evidence suggests that the tobacco industry has used flavored tobacco products to market to youth and young adults. Flavored tobacco products, including mentholated products, are perpetuating the epidemic of replacement smokers that will undoubtedly lead to continued, costly smoking attributable death and disease. According to Centers for Disease Control, every day, more than 1,200 people in this country die due to smoking. For each of those deaths, at least two youth or young adults become regular smokers each day. Almost 90 percent of current smokers smoked their first cigarette by age 18, and nearly all did so before young adulthood. Tobacco Retailer Licensing ordinances are powerful disease prevention tools. It is important to consider menthol specifically in any discussion of the public health impact of flavored tobacco products. Menthol is an organic compound that has cooling, analgesic properties, which can change the way the brain registers the sensations of taste and pain. Menthol in cigarettes is thought to make harmful chemicals more easily absorbed in the body, likely because menthol makes it easier to inhale cigarette smoke by masking its harshness. Menthol cigarette brands have been aggressively marketed to African Americans, as well as adolescents. Comprehensive reviews of the patterns of menthol cigarette smoking, as well as the pharmacology of menthol, illustrate that menthol cigarettes promote experimentation and regular smoking and increased the likelihood of youth who experiment with smoking and become addicted. The availability of menthol cigarettes increases the number of smokers. Marin schools have reported a dramatic increase in youth use of electronic smoking devices that include a variety of products ranging from JUUL flash drives to nicotine filled hookah pens. According to a recent UC San Francisco report, daily e-cigarette use doubles the risk of heart attack. Some teens are adding marijuana to their vaping products, according to Marin school resource officers. Research published in the journal Pediatrics found vaping exposes teens to toxic, cancer-causing chemicals. Recent data show that underage youth have consumed an unprecedented amount of nicotine and cannabis (as well as other controlled substances) in these youth-appeal electronic delivery systems. Opponents may say the ban will drive small businesses out of Marin or that it will hurt local merchants economically. This was said back when cities banned smoking in restaurants — and that didn’t prove true either. We must do all we can to stop the alarming trend of addictive e-cigarette and kid-friendly flavored tobacco products that are reversing decades of progress toward raising a tobacco-free generation. Our youth deserve the chance at a healthy start in their adult lives and to a future that is free from addiction. We all share the responsibility to make sure that they get this chance. Sincerely,

Kimberly Newell Green, MD Mary Lou Licwinko, JD, MHSA SFMMS President Executive Director/CEO

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6.A.


STAFF REPORT




FROM: Jared Barrilleaux, Senior Civil Engineer

SUBJECT: Update to Council regarding observations from the northbound Sanford at

Casa Buena Trial Closure

RECOMMENDED ACTION:

Staff recommends that the Town Council review and discuss the observations gathered during the

trial closure and direct staff to make minor adjustments to Plans, Specifications, and Cost Estimate

based on suggested intersection improvements.

BACKGROUND:

The intersections of Sanford Street/Casa Buena Drive and Sanford Street/Meadowsweet Drive

have yield control, as well as an area to “keep clear” where all road users tend to not comply with

either the yield or the keep clear. This project will provide safety and circulation improvements

including: relocate pedestrian crossing along Casa Buena away from intersection, increase storage

for left/thru movements into the Tamalpais intersection, replace northbound Sanford vehicle traffic

with a protected bike lane, and add a pedestrian safety bulb-out for crossing at

Sanford/Meadowsweet. The project will also provide safety improvements to nearby intersections

at Conow/Casa Buena and Conow/Meadowsweet by realigning intersection sight lines (stop sign

instead of yield and improved pedestrian crossing, respectively). As part of the project, Casa Buena

has poor pavement condition and will be repaved between Sanford and Conow.

At the February 5th Council meeting, Council authorized the Public Works Director to approve

the plans, specifications, and cost estimate and advertise for bids following the assessment of a

trial closure and potential minor adjustments to the plans based on observed user behavior, and the

need to improve pedestrian crossings.

77

DISCUSSION:

Staff observed vehicle, pedestrian, and cyclist behavior throughout the trial closure and have noted

observations and suggested improvements in the following Attachment 1. Overall, circulation and

multimodal user behavior were as expected and the confusion surrounding the Sanford/Casa

Buena/Tamalpais intersection was greatly reduced. Most of the noted concerns will be resolved as

part of the suggested modifications. Of note, the temporary stop signs were moved multiple times

by unknown persons at the Conow/Casa Buena intersection, which created unnecessary additional

work for staff.

FISCAL IMPACT:

If all suggested improvements are implemented a marginal cost estimate increase may result.


Staff anticipates this project will qualify for CEQA Class 1 Existing Facilities Categorical

Exemption as a minor improvement to existing highways and streets, sidewalks, gutters, bicycle

and pedestrian trails, and similar facilities. (CEQA, Article 19, Section 15301(c)).

OPTIONS:

1. Direct staff to make minor adjustments to Plans, Specifications, and Cost Estimate based on

suggested intersection improvements.


ATTACHMENTS:

Attachment 1. Sanford/Casa Buena Intersection Observed Behavior Notes with suggested

improvements.


78

Attachment 1. Sanford/Casa Buena Intersection Observed Behavior Notes with suggested plan

improvements.

Behavior Cause Suggested Improvement

1. Cars traveling

NB on SB

only Sanford

Learning curve,

temporary “Do

Not Enter” sign

Install a permanent “Do Not Enter sign.

Install a “No Right Turn” sign for WB

Meadowsweet.

Modify NW corner

Sanford/Meadowsweet with a bulb-out

2. Confusion at

NB Conow at

Casa Buena

Limited sight

distance East up

Casa Buena

Contact auto dealership to pull back cars

from edge of sidewalk.

3. Cars entering

wrong

direction thru

Bank of

America

Learning curve No improvement identified

4. SB Sanford to

EB Meadow-

sweet turn

delay

Temp barricades

extend too far

into intersection

No modification to design is necessary as

final plans allow for larger turning radius

and increased sight lines.

79

1

8.A.

Placing an item on the agenda: An item may be placed on the agenda by submitting a request to the Town Clerk or the Town

Manager, or their designee, by Tuesday at 5p.m. 21 days prior to the Council meeting during which the item is sought to be

considered. If such item requires staff investigation or if it will be considered at a future date in the normal course of

business (e.g., planning and budget matters), it may be deferred to a later date with concurrence of the person submitting the

item. Staff will accommodate submissions after the deadline whenever practical. (Town Council Rules and Procedures,

Section 7.4)

PRESENTATIONS:

1. Department Head Presentations, To Be Determined

CONSENT CALENDAR:

TOWN ITEMS:

1. Waive Further Reading and Authorize Introduction and/or Adoption of Resolutions and

Ordinances by Title Only.

(Standard procedural action – no backup information provided)

2. Second Reading and Adoption of Ordinance No. 983, Ordinance No. 983, An Ordinance Of

The Town Council Of The Town Of Corte Madera (1) Amending Corte Madera Municipal

Code Title 5 (Business Licenses and Regulations) To Add Tobacco Retailer License

Requirement, Prohibit The Sale Of Flavored Tobacco Products and Prohibit Pharmacies

From Engaging in Tobacco Retailing, and (2) Determining That The Adoption Of The

Ordinance Is Exempt From The California Environmental Quality Act (CEQA)

3. Approve Warrants and Payroll for February 2019

4. Approval of Minutes of Previous Town Council meeting

PUBLIC HEARINGS: None

BUSINESS ITEMS:

TOWN ITEMS:

1. Parks and Recreation Fee Resolution Update

CLOSED SESSION: None

CORTE MADERA TOWN COUNCIL DRAFT OF UPCOMING AGENDA ITEMS FOR MARCH 5, 2019

PROPOSED ITEMS, AND ORDER, ARE SUBJECT TO CHANGE

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