Loading...
HomeMy WebLinkAboutCC Minutes 2002-09-03SRCC Minutes (Regular) 09/03/2002 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, SEPTEMBER 3, 2002 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 7:00 PM: Vice -Mayor Cohen announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: Albert J. Boro, Mayor Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Lydia Romero, Daryl Chandler Employee Organizations: San Rafael Fire Chief Officers' Association San Rafael Fire Association San Rafael Police Mid -Management Association San Rafael Police Association Marin Association of Public Employees, Supervisory Unit, SEIU Local 949 Marin Association of Public Employees, Miscellaneous Unit, SEIU Local 949 Marin Association of Public Employees, Childcare Unit, SEIU Local 949 Vice -Mayor Cohen announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:03 PM a) Loch Lomond: - File 100 x 13-16 x 13-14.1 (verbal) Al Barr, Loch Lomond Homeowners Association, invited Staff and Councilmembers to participate in a Community Walk to take place on Saturday, September 14, 2002 at 3:00 p.m., starting at the top of Manderly Drive. He explained the purpose of the walk is to identify two issues being confronted in Loch Lomond, i.e., a Monster Home being built in County territory and Access to Open Space. With regard to Access to Open Space, Mr. Barr explained that when Loch Lomond Unit 10 was developed, the concern at that time pertained mostly to drainage issues. He indicated the access to the open space is really not access, and although there is a pathway, because of the geography of the land, there is no real access. Mr. Barr stated that having observed the situation, Councilmembers perhaps could have some suggestions as to how the issue could be overcome and remedied sometime in the future. He indicated that while the two issues are not related, they possibly could be in the future. Councilmember Miller indicated his unavailability on this date; however, he would arrange an alternative date and time. b) Marin Designers Showcase: - File 217 x 11-8 x 9-3-31 (verbal) Joanne Monardo, 82 McNear Drive, San Rafael, reported that her home is directly across from the 2002 Marin Designers Showcase house. She indicated her awareness of and support for what this event accomplishes for Marin County and having worked with Marin Volunteer Services, was cognizant of the good intent of the Showcase. Ms. Monardo stated she was present this evening to ask the City Council to request that the Marin Designers Showcase organizers ensure public safety is maintained, especially fire safety, in this extremely dry year during this huge event. She indicated her understanding that the event attracts 10,000 visitors in the three-week period and noted it is intended to stage this year's production with on - street parking and no shuttle service. She explained her home is at the top of two steep hills in a smaller than normal cul de sac, at the end of which is a fire access road to City open space, part of China Camp State Park and the green belt surrounding the hilltop separating two parts of McNear Drive. Ms. Monardo noted there is a tremendous amount of dry fuel in these green areas presently and a fire truck must be able to get past her home to get to the main fire hydrant in the area. She stated that in the last few weeks there have been several days when it would have been impossible for a fire truck to get past her house because of double parking by the designers and workers for the showcase. SRCC Minutes (Regular) 09/03/2002 Page 1 SRCC Minutes (Regular) 09/03/2002 Page 2 She indicated that this residential cul de sac is not meant to handle this amount of traffic safely, noting these people know the rules and are not yet the uninformed public. Ms. Monardo envisioned many cars queuing up in front of the showcase dropping off visitors unable to maneuver the steep hills and with that percentage of cars, it would be impossible for any emergency vehicles to get through. In the interest of public safety, Ms. Monardo requested that the City require the Marin Designers Showcase organizers to provide shuttle service to this year's event and perhaps block off the end of McNear, from the Fernwood intersection to the end of the cul de sac, to alleviate the congestion which almost certainly would clog the cul de sac's fire access. She indicated this would only affect approximately six and one half houses. She proposed that a Showcase volunteer be posted at the barrier to permit entry only to those with authorization, e.g. residents, mailman, babysitters, etc., and that the City post signs indicating "resident parking only" perhaps at the bottom of Castlewood and McNear. She noted that at the recent Sausalito Arts Festival, the neighborhoods adjacent to the festival had such signs displayed to prevent parking while permitting residents access to their homes. Ms. Monardo stated that any of these measures, together with the shuttle service, would ensure the residents a safe three weeks. Ms. Monardo indicated she had several letters to Mayor Boro written by neighbors, including the head of the Peacock Gap Homeowners Association, in support of some mitigating action by the City prior to the opening of this event. She indicated that the letter from Jack and Denise Ryan gives a clear discussion of the fire safety issue. Reporting having written to the Showcase organizers approximately two weeks ago, Ms. Monardo indicated that no reply had been received; therefore, she believed the organizers needed to hear from the City in order to take the residents' concerns seriously. Thanking the City Council for their time, Ms. Monardo expressed the hope that action would be taken. With respect to enforcement of parking or limiting access, Police Chief Michael Cronin reported that the City is without statutory authority to so do, in addition to some practical problems, and he was very sympathetic to the residents regarding the congestion. He indicated there really is no practical way for a police officer, or any official, to determine the nature of a visit or whether the visitor is a resident, guest, babysitter, etc., and the Police Department has no authority to detain people to ascertain such information, nor does it have authority to limit short-term parking on public streets. Chief Cronin reiterated that the Police Department's ability to address many of the concerns is limited, provided vehicles are legally parked. He explained that the street was designed to permit access for emergency equipment with vehicles parked on both sides. Vice -Mayor Cohen stated it was his understanding the concerns pertained to illegal parking. Police Chief Cronin stated illegally parked vehicles would be cited and any vehicles parked in a manner so as to prohibit or restrict the access of emergency equipment, such as double parking, would be towed. Community Development Director Bob Brown stated this matter was raised a few months ago when 81 McNear came through for their landscape approvals. He indicated staff commented to the Planning Commission that historically, use permits have not been required for temporary non-commercial use of single-family homes, such as the Designers Showcase, which is similar to other uses of single-family homes, i.e., political fundraisers, garage sales, etc. He stated the reason there is not statutory authority to require a shuttle or off-site parking is that staff does not have the authority to issue Use Permits for this type of temporary event. Fire Chief Marcucci stated the Fire Department is also concerned that access is available to the open space lands. He indicated that all the correspondence he had received from the neighbors had been forwarded to the Captains at Fire Station #5. Chief Marcucci stated it is planned to send engine companies out numerous times during the staging of the event and should access to the open space lands not be available, the event would be shut down, pending alleviation of the problem. He indicated this is not only a City event and assistance is required from the neighborhood by means of a telephone call notifying the Fire Department of any blockage. While Fire Department personnel cannot be on site consistently, Chief Marcucci reiterated periodic stops would be made at varying times during the day and a call from the neighborhood would ensure dispatch of a fire engine. Should access not be available, the offending vehicle would be towed; however, in the interim, there would be no alternative but to request the Showcase organizers to shut down their operation for that time period. Chief Marcucci indicated that this inconvenience could result in the organizers conducting policing themselves. Vice -Mayor Cohen inquired whether the City had considered having discussions with the Designers Showcase organizers as it appeared more reasonable to be proactive on this issue rather than the Police and Fire Departments being required to monitor the situation on a regular basis for three weeks. He favored contacting them to ascertain whether there was any willingness to run a shuttle service. SRCC Minutes (Regular) 09/03/2002 Page 2 SRCC Minutes (Regular) 09/03/2002 Page 3 City Manager Gould stated there could be discussions with the Designers Showcase organizers; however, he was unaware whether a shuttle service could be required. He indicated this could be deemed a priority, informing them of the contingency plan should problems arise. Councilmember Heller stated it was a good idea to inform the organizers of the neighbors' and City's concerns. Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar as follows: SRCC Minutes (Regular) 09/03/2002 Page 3 ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meeting of Monday, Minutes approved as submitted. August 19, 2002 (CC) 3. Resolution Approving the Purchase of Tax Defaulted RESOLUTION NO. 11163 — Property by the County of Marin Open Space District RESOLUTION AUTHORIZING THE and Authorizing the Mayor to Sign Agreement MAYOR AND THE CITY CLERK TO (Parcel No. 009-150-05) (CA) — File 2-15 x 13-14.1 EXECUTE AN AGREEMENT FOR THE PURCHASE OF TAX DEFAULTED PROPERTY BY THE MARIN COUNTY OPEN SPACE DISTRICT 4. Designation of Barbara Heller, Voting Delegate, and Authorized Councilmember Barbara Lydia Romero, Voting Alternate, for League of Heller as Voting Delegate and California Cities Annual Conference Business Assistant to the City Manager, Lydia Meeting on Saturday, October 5, 2002 at the Long Romero, as Voting Alternate for the Beach Convention Center (CC) — File 9-11-1 x 9-1 League of California Cities Annual Conference Business Meeting scheduled for Saturday, October 5, 2002. 5. Appointment of Joanne Webster and Ann Batman to Appointed Joanne Webster and Ann the General Plan 2020 Steering Committee (P98-4) Batman to the General Plan 2020 (CD) — File 115-1 x 115 (2020) Steering Committee. 6. Monthly Investment Report for Month Ending July Accepted Monthly Investment Report 2002 (MS) — File 8-18 x 8-9 for the month ending July 2002, as presented. 7. Resolution Authorizing an Agreement with Hilton, RESOLUTION NO. 11164 — Farnkopf and Hobson, LLC to Perform a Review of RESOLUTION AUTHORIZING AN Marin Sanitary Service's 2003 Rate Application AGREEMENT WITH HILTON, (MS) — File 4-3-306 x 4-3-32 x 13-2 FARNKOPF & HOBSON, LLC TO PERFORM A REVIEW OF MARIN SANITARY SERVICE'S 2003 RATE APPLICATION 8. Update of Legislation Affecting San Rafael (CM) — Accepted report. File 116 x 9-1 9. Resolution Authorizing the City Manager to Execute RESOLUTION NO. 11165— a Professional Services Agreement with Paul Jensen RESOLUTION AUTHORIZING THE for Assistance Needed to Prepare a Comprehensive CITY MANAGER TO EXECUTE AN Update to the City's Sign Ordinance and for Follow- AGREEMENT FOR PROFESSIONAL up Tasks Associated with Implementation of the SERVICES WITH PAUL JENSEN FOR Ranchitos Park Development Project (CD) — ASSISTANCE NEEDED TO PREPARE File 4-3-370 x 9-3-85 A COMPREHENSIVE UPDATE TO THE CITY'S SIGN ORDINANCE AND FOR FOLLOW-UP TASKS ASSOCIATED WITH IMPLEMENTATION OF THE RANCHITOS PARK DEVELOPMENT PROJECT (Term of Agreement: from September 4, 2002, and ending on September 3, 2004, for an amount not to exceed $45,000) SRCC Minutes (Regular) 09/03/2002 Page 3 10. Resolution Ratifying Acceptance of a Grant of $1,000,000 from the Marin Community Foundation for the Expansion of Pickleweed Community Center and Authorizing the Mayor and the City Manager to Execute the Grant Agreement (CS) — File 194 x 226 x 8-5 x 9-3-65 11. Resolution Approving Community Development Block Grant Agreement for 2002-03 in the Sum of $8,500 to Provide Additional Part-time Staff at the Pickleweed Children's Center and Authorizing the Mayor to Sign Contract Documents (CS) — File 4-13-110 x 147 12. Resolution Authorizing the Temporary Closure of Mission Avenue Between C and E Streets on Saturday, September 28, 2002 from 1:00 p.m. — 6:00 p.m. to Accommodate Pedestrian Traffic to the Splash Circus Event at Falkirk Cultural Center (Lib/Cult Affs.) —File 11-19 13. Resolution Approving Short-term Rental Agreement with San Rafael Mitsubishi for the Property Located at 1000 East Francisco Boulevard (RA) — RIP ?-8 SRCC Minutes (Regular) 09/03/2002 Page 4 RESOLUTION NO. 11166 — RESOLUTION RATIFYING ACCEPTANCE OF A GRANT OF $1,000,000 FROM THE MARIN COMMUNITY FOUNDATION FOR THE EXPANSION OF PICKLEWEED COMMUNITY CENTER AND AUTHORIZING THE MAYOR AND THE CITY MANAGER TO EXECUTE THE GRANT AGREEMENT RESOLUTION NO. 11167 — RESOLUTION AUTHORIZING THE MAYOR TO SIGN CONTRACT DOCUMENTS WITH THE COUNTY OF MARIN COMMUNITY DEVELOPMENT AGENCY FOR CHILD CARE SERVICES FOR FISCAL YEAR 2002/2003 IN THE AMOUNT OF $8,500.00 RESOLUTION NO. 11168 — RESOLUTION AUTHORIZING THE TEMPORARY CLOSURE OF MISSION AVENUE BETWEEN C STREET AND E STREET ON SATURDAY, SEPTEMBER 28, 2002, FROM 1:00 PM — 6:00 PM FOR THE CIRCUS EVENT AT FALKIRK RESOLUTION NO. 11169 — RESOLUTION APPROVING A SHORT- TERM RENTAL AGREEMENT WITH SAN RAFAEL MITSUBISHI FOR THE PROPERTY LOCATED AT 1000 EAST FRANCISCO BOULEVARD AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro NEW BUSINESS: 14. DIRECTION TO STAFF TO CONSIDER APPLICABILITY OF MARIN COUNTY ORDINANCES RELATING TO: (CD) — FILE 10-1 x 10-2 x 13-1 x 9-3-16 x 180 x 9-3-40 a) CIGARETTE RETAILERS; AND b) ENERGY CONSERVATION FOR NEW SINGLE FAMILY DWELLINGS. Community Development Director Bob Brown stated staff wished to make the City Council aware of two ordinances from the County of Marin that may have applicability in San Rafael. Should Council agree, Planning Division staff would be assigned to analyze these ordinances in greater depth and prepare revisions, hopefully by year-end, for the Planning Commission and City Council to consider. Mr. Brown explained the first ordinance relates to regulating tobacco retailers and was adopted by the County this past April. It contains many provisions similar to those adopted by Council in 1999, including a permit requirement for tobacco retailers, restricted access to tobacco products in stores, prohibition on sales to minors and advertising restrictions. He stated the principal difference in the County's ordinance is that it restricts where retailers who principally sell tobacco products can locate. Mr. Brown indicated the County's ordinance precludes such retailers from locating closer than 1,000 feet from a school, public park, daycare center, library, youth center or church with organized youth programs. He reported that in 1999, when discussions took place with Council concerning the effect of such zoning restrictions, which at that time included a proposal from the public for a 1,000 foot separation from residential districts, staff indicated that this type of restriction would be very tough in San Rafael, and possibly illegal, in that San Rafael has residential and commercial districts that are closely intertwined. Mr. Brown stated that the County's ordinance, however, does not include such a setback from residential districts; therefore, from the initial review of the ordinance, staff believes there would be sufficient sites for tobacco retailers to locate within the community to render such an ordinance legal. SRCC Minutes (Regular) 09/03/2002 Page 4 SRCC Minutes (Regular) 09/03/2002 Page 5 Mr. Brown reported that the second ordinance being reviewed, but not yet adopted by the County, would establish energy conservation requirements for large new homes, or possibly additions that would result in homes over 3,500 square -feet in size. In essence, he explained the ordinance would require that such homes have the same energy consumption as a typical 3,500 square -foot home. He reported that the County is also considering whether 3,500 square feet is the correct break point or they may consider a 4,000 square -foot requirement. Mr. Brown stated staff believed this ordinance makes sense; it would only apply to homes that already have a good-sized construction budget and it would not be overly burdensome for staff to administer. He indicated that should Council direction be forthcoming this evening that these ordinances should be evaluated for possible adoption, staff would alter the work program to accommodate this consideration. Regarding Cigarettes Cheaper, Councilmember Heller stated that if 1,000 feet was identified in the ordinance, then it would be necessary to designate areas within the City proper where tobacco could be sold, with or without permits, and she inquired whether the County was required to do likewise. Responding, Mr. Brown stated he believed the concern at that time was that whatever zoning restrictions were put in place, adequate areas would remain in town where such retailers could reasonably locate. He indicated that the problem with 1,000 feet from residential was that in San Rafael, this precludes almost all of the City, with the possible exception of the very furthest East San Rafael areas. Mr. Brown stated the County's ordinance does not have a distance restriction from residential, rather from other certain specified uses, and having done some very preliminary mapping, staff believes there would be a reasonable number of commercial areas of town where such tobacco retailers could conceivably locate; however, whether they actually would or not would depend upon the market. He did not envision them being so restrictive as the distance from residential is not included in the County's ordinance. Councilmember Heller confirmed the possibility that the County could find themselves with a cigarette retailer within 1,000 feet of residential here and there. Vice -Mayor Cohen stated the County does have the same tobacco retailer at a County location as San Rafael, and having spoken on this he reported having requested staff to carry out an evaluation when the County adopted this ordinance. He indicated it is a legal use and therefore, the City is required to permit some places in town. Vice -Mayor Cohen recalled the difficulty when the original Cigarettes Cheaper proposal came up in that there were no tools to discuss whether the location was appropriate. He commented that this may not solve all the concerns; however, it appeared to be a step in the right direction. Vice -Mayor Cohen indicated he was aware of people present who wished to address the tobacco issue in particular, and suggested Council first receive comment on Cigarette Retailers, subsequently discussing the Energy Conservation issue. Councilmember Heller inquired whether the County's ordinance contained language to the effect that a permit is required to sell cigarettes, and should San Rafael change its ordinance whether this permit would still be required. Responding, Community Development Director Brown stated San Rafael would, as it is an effective tool in the event of violations. In terms of the County, he was not absolutely sure, not having perused it carefully in terms of the permit requirement as San Rafael has this in place already. He indicated he would evaluate this while the public testimony was taking place and return with an answer. Elizabeth Emerson, Marin County Health & Human Services, stated she had been working with San Rafael Municipal Government since the first tobacco ordinance was introduced in 1992. She indicated having received requests from throughout the United States and other countries for San Rafael's tobacco control laws and commended the City for all their efforts in this direction. Regarding this evening's discussion, she reported that a Wall Street Journal article printed in the early 1990s warned that the proliferation of discount cigarette stores would increase smoking rates by as much as 30% in communities where they are located. She reported that an article published in Preventative Medicine Magazine stated that controlling youth access to tobacco decreased youth smoking rates by 25% — 50%, in studies conducted throughout the United States, when 90% of the stores comply with sales to minors laws. Ms. Emerson stated her office had provided technical assistance to San Rafael staff in the last ten years on all tobacco control ordinances, which included developing business education kits, providing publicity, providing educational warnings to violators and following up by making referrals of those who did not respond to warning letters for citations. She indicated that currently, they SRCC Minutes (Regular) 09/03/2002 Page 5 SRCC Minutes (Regular) 09/03/2002 Page 6 collaborate on enforcement efforts and are willing to continue throughout this endeavor. She referred staff to a resource called "Technical Assistance Legal Center" (telephone No. (510) 444- 8252), explaining they are a project from the Public Health Institute that receives a grant from the California State Department of Health Services to provide legal assistance to all Municipal Governments on tobacco control laws. Ms. Emerson encouraged staff to use her office, together with this resource. Walt Belofsky, Co -Chair of the Smoke Free Marin Coalition, commended Council for taking up this important ordinance to protect youth from the excesses of tobacco and urged Council to move forward with it. In addition to the County, Mr. Belofsky stated Novato has a similar ordinance, both of which require conditional use permits for new significant tobacco retailers, and he noted the Novato ordinance does have a residential offset which he believed from recollection to be 500 feet. Depending on the distance and the community, he felt this could be feasible and he urged staff to do an evaluation. Mr. Belofsky reported he is also the Vice -Chair of the County's Tobacco Control Fund Advisory Committee; they have designed and are overseeing a three and one half year, two -million dollar project by the County on tobacco control that was funded by the Master Settlement Agreement with the Tobacco companies. Mr. Belofsky stated that earlier this year, the County in cooperation with the San Rafael Police Department, conducted a law enforcement operation in San Rafael whereby tobacco retailers who sold to minors were cited, and this is a very effective tool for reducing sales to minors. He indicated that unfortunately, the County program only funds this through the current year. He noted that San Rafael is the only jurisdiction in Marin County that has a tobacco licensing ordinance and he commended this. Mr. Belofsky stated the cost of the tobacco license to existing tobacco retailers is only $10 per year and should this be increased to approximately $125 per year, it would fund an ongoing enforcement operation which could be done annually with the Police Department or on contract with the Sheriff. He reported it only costs the County $113 per retailer per year to carry out enforcement operations involving all retailers. He indicated that should the licensing ordinance provide for significant suspensions for repeated sales over a small period of years, this could also be an extremely effective tool to ensure retailers in San Rafael are very careful about not selling to minors. Mr. Belofsky commended the City Council for considering the zoning ordinance and he urged them to move forward with it. Amelia Cohen (younger daughter of Vice -Mayor Cohen) stated she did not like cigarettes at all, explaining that cigarettes make the air worse and hurt people. She indicated this happens by giving people lung disease and cancer, and some get holes in their throats. Amelia reported she belongs to a dance class that takes place on Mondays and Wednesdays and drives by Cigarettes Cheaper on her way home. She indicated her aggravation at the thought of why someone would wish to own a store like this and sell this type of drug. Amelia indicated her awareness of other Cigarettes Cheaper retailers in other locations which she believed to be awful. She expressed the hope that the City Council would take action to shut these retailers down as each day more people are buying these drugs and getting sick. Alan Haim, Retired Assistant County Counsel from the Marin County Counsel's office, reported he worked for many years with Elizabeth Emerson, Marin County Health & Human Services, in drafting the tobacco ordinances, much of the time in secret as there was such opposition to controlling cigarettes in public buildings. He added those in power were the smokers, most of whom unfortunately died, and those who did not had bypasses, etc. Knowing these people quite well, Mr. Haim stated they no longer smoked. Mr. Haim reported that in a 5:4 decision, the Supreme Court acknowledged, although denying the fact of declaring (it)a drug under the auspices of the Inspector General's office, that more people die from smoking in the world than any other condition, including war. Reporting that Marin has always been a frontline supporter of these programs, Mr. Haim thanked the Planning Commission for submitting this to Council and staff, and also for Council's consideration to go forward and at least situate these places in such an area where they are not attractive nuisances to students or children. He stated anecdotal evidence is that most people get addicted when young and indeed are the target group. He reported that unfortunately, the State Legislature would not enact a bill that would raise the age to twenty-one, and he sees young people in the community today being impressed with this terrible addiction that will cause illness and cost them their lives, with society paying for the services to support them medically. Mr. Haim strongly urged Council to consider this, expressing the wish to see it extended to residential, while being cognizant of the fact that staff has some concerns with this in the context of San Rafael. Being aware that Novato has, Mr. Haim stated that possibly the County did not because SRCC Minutes (Regular) 09/03/2002 Page 6 SRCC Minutes (Regular) 09/03/2002 Page 7 there is not so much residential area in the County. He believed San Rafael to be in the forefront and should give it consideration. Joe Osborne, Vice -President WENACC, (West End Neighbors Against Cigarettes Cheaper), commended and thanked the City Council for pushing forward this proposal. He indicated their President, Carolyn Rossi, would have been very proud to see this happening and to see movement in this direction. Mr. Osborne reported that Carolyn, a long time smoker, passed away this year from cancer and was greatly missed; he acknowledged her tremendous efforts in the community, explaining it was she who started the entire grassroots community effort in this direction and did a tremendous service to the community. Mr. Osborne issued a reminder that the United Methodist Church Parking Lot, across Miracle Mile from the Cigarettes Cheaper store, hosts many community events, including youth car washes regularly by high school students, and he noted the children from the Marin Head Start school get off the bus there. He stated it clearly is an inappropriate location for a cigarette store and he hoped this was the first step in an ongoing difficult and time consuming process; however, in the long term he hoped they would be able to amortize existing stores out of these inappropriate locations. Mr. Osborne again thanked Councilmembers. Wayne Baker stated he was one of those people with a hole in his throat referred to earlier. He thanked Council for the action taken and would like to raise the issue of licensing and its cost. He reported having a taxi in San Francisco and paying fees to that City of approximately $150 per year; he believed $10 per year for a cigarette retailer causing pollution to be laughable. Vice -Mayor Cohen inquired whether anyone wished to address Council on the Energy Conservation issue and there being no one, returned to the cigarette issue. Vice -Mayor Cohen recalled bringing to staff's attention the fact that the County had adopted this ordinance. As mentioned previously, he stated everyone struggled with the application by Cigarettes Cheaper and as a parent driving past this intersection with his daughter, he was well aware this operation catches children's attention. Noting advertising has been regulated and Amelia Cohen would not be swayed by that advertising, Vice -Mayor Cohen stated other children would notice it and maybe not have quite the same understanding of the dangers. He believed the evidence to be very clear on the outcome of making it more difficult for young people to gain access to tobacco. With regard to the anecdotal reference, Vice -Mayor Cohen believed it to be pretty evident that very few people start smoking as adults and become addicted; therefore, the intent is very clear on the part of tobacco manufacturers to entice young people to start smoking as this is the source of their customers. He believed the County's approach offers a way with some real logic to separate incompatible uses. He stated he is proud of what the City has done so far and believed this to be another step. Noting there were several suggestions of issues to consider, Vice -Mayor Cohen stated it would be worth evaluating Novato's language. He believed the ordinance as adopted by the County is something that could be done fairly quickly with a relative minimum of staff time. The issue of licensing and what could be funded with that fee he believed is worth considering; however, he would not favor delaying adopting this language in the event that Cigarettes Cheaper is considering another San Rafael location. Vice -Mayor Cohen stated that in this respect, he would like to see it come back to Council quickly for adoption and thereafter, pursue the other issues. Councilmember Miller stated this is obviously a public health issue and is being approached in terms of land use, and agreed with moving forward with 1,000 feet, taking it a step at a time. With regard to the Energy Conservation issue, Councilmember Miller believed this to be an extremely good ordinance to have and is a good way to see conservation brought forward. He favored the limit of 3,500 feet, which he believed to be adequate space. Councilmember Phillips agreed with Councilmember Miller regarding the Energy Conservation which appeared self-evident. With regard to size, he indicated he would be more interested in receiving advice from an engineer or someone in the energy business, rather than his own arbitrary judgment; however, he believed the concept had merit. With regard to the cigarette issue, Councilmember Phillips indicated he favored moving forward; however, he favored considering the footage as it applies to San Rafael's particular case. Considering Mr. Belofsky's idea with regard to the policing element to be an excellent one, Councilmember Phillips stated it would be possible to monitor the organizations selling cigarettes; therefore, there would be that much more assurance that younger people are not tempted and encouraged to purchase the product. He agreed with moving forward and taking the licensing fee SRCC Minutes (Regular) 09/03/2002 Page 7 SRCC Minutes (Regular) 09/03/2002 Page 8 increase and the 1,000 foot direction at a not too distant stage. He applauded Vice -Mayor Cohen for bringing this matter to Council's attention. Councilmember Heller agreed with all of the preceding statements and favored an analysis of the distance to ascertain the best footage for San Rafael, given the constraints. She, too, thanked Vice -Mayor Cohen for his work on this issue. With regard to the Energy Conservation ordinance, Vice -Mayor Cohen stated that while it is not necessary to be governed by what the County adopts, he pointed out that County staff is doing the work, and particularly on the Energy Conservation issue, they could do the engineering work, which could then be evaluated by staff. To put any relative priority on the two ordinances before Council this evening, Vice -Mayor Cohen favored the Tobacco Retailer ordinance taking precedence. He stated there could be a nexus between a licensing fee and the cost of a relatively simple enforcement procedure, and should that connection exist, it appeared to make sense to fold it into the action under consideration. He indicated he did not wish it to slow down adoption of the proposed changes; however, should it be relatively straightforward, he believed it was worth taking a look at, as it has a certain logic that is somewhat compelling. City Manager Rod Gould stated staff would be conducting a Business Cost Study update this fall with the intention of presenting a series of recommendations to Council in late December on a Master Fee Schedule. He stated that with Council's direction, he favored conferring with Police Chief Cronin to ascertain what type of enforcement efforts could be done on an ongoing basis, determine the costs, and consider including these costs in the Business Cost Study so that in late December when consideration is given to changes to the Master Fee Schedule this could be included. Mr. Gould stated that should this require a revision to the ordinance, it could be brought back at the same time; however, this in no way hinders the work the Planning Division will be doing on the ordinance before Council this evening. Vice -Mayor Cohen agreed that this was an excellent suggestion. Councilmember Miller moved and Councilmember Phillips seconded, to direct staff to consider applicability of both County ordinances in San Rafael, commencing with the Tobacco Retailer ordinance pending the County's action on Energy Conservation. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY MANAGER'S REPORT: Heller, Miller, Phillips and Vice -Mayor Cohen None Mayor Boro 15 State Budget: - File 116 x 9-1 x 8-5 Presenting a synopsis of the Budget the State Assembly and State Senate completed work on last Sunday and sent to the Governor's desk for signature, City Manager Gould stated that while some of the information is preliminary, he would give a sense of what it means to the State and Local Government. He reported that the Vehicle License Fee backfill counted on for $3.8 billion a year statewide and $2 million annually to the City of San Rafael is intact. He stated there is an unspecified $750 million in cuts in administrative costs included in the budget which the Governor has directed to propose in January as part of the 2003-2004 budget, and there is no indication of how he will close this $750 million gap. Further, Mr. Gould stated the budget calls for early retirement incentives of two years of service credits for state employees, with the idea that the state would trim 1,000 positions from its employment base by June 30, 2004. City Manager Gould reported a very hard expenditure cap in next year's budget, no increase in cigarette taxes, and approval to place on the ballot a constitutional amendment that would begin to take money out of the State General Fund and put it into an Infrastructure Fund at 1 % per year and up to 3% in three years for a variety of projects. He reported that the Booking Fee reimbursement which is very important to San Rafael is fully intact, the ERAF distribution — the further direction of property taxes away from, in this case, Redevelopment Agencies, is confused right now. Mr. Gould stated it is included in three different trailer bills and as he was not sure as to what this means yet he would await further analysis. Mr. Gould stated that should the Governor, as he is expected to, sign the budget, cities get off relatively lightly; however, this comes with a huge qualifier, i.e., this budget is contingent on the SRCC Minutes (Regular) 09/03/2002 Page 8 SRCC Minutes (Regular) 09/03/2002 Page 9 State's fiscal picture improving radically in the next six months, and if not, multi -billion dollar deficits can be expected to continue. He reported that already, there are calls for a special session of the legislature as soon as the State Elections are over, to deal with the structural deficits that will loom before California for years to come. He stated that while avoiding fiscal stress this time, in January it could look very different. Councilmember Heller inquired how $750 million could be removed from the budget in January, 2003 when the budget commences in July, 2002. City Manager Gould explained that the $750 million reduction is anticipated to be proposed in January as the first shot for the next year's budget, not the current year's budget. He confirmed that the legislature is directing the Governor to propose at least the $750 million reduction plus the 1,000 person reduction in state staffing to be completed by the end of the next fiscal year. COUNCILMEMBER REPORTS: 20. None There being no further business, the City Council meeting was adjourned at 8:53 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12002 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 09/03/2002 Page 9