HomeMy WebLinkAboutCC Minutes 2002-09-16SRCC Minutes (Regular) 09/16/2002 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 16, 2002 AT 8:00 P.M.
Regular Meeting: Present
San Rafael City Council
Absent:
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION — COUNCIL CHAMBER — 8:04 PM:
Albert J. Boro, Mayor
Paul M. Cohen, Vice -Mayor
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Barbara Heller, Councilmember
Mayor Boro announced the Closed Session item would take place following the Special Study Session at
the conclusion of the City Council meeting.
CLOSED SESSION — CONFERENCE ROOM 201 — 10:00 PM:
Conference with Labor Negotiator (Government Code Section 54957.6)
Negotiators' Names: Ken Nordhoff and Lydia Romero
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
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:04 PM
None.
Special Meeting to Dedicate LAUREN PLACE in memory of Lauren Catuzzi Grandcolas (CM) -
File — 109 x 102
Mayor Boro thanked the City Council for attending the Special Meeting to dedicate Court Street Mall as
LAUREN PLACE in memory of Lauren Catuzzi Grandcolas, and he particularly thanked Lydia Romero,
Assistant to the City Manager, for the great job she did with this tribute. He also thanked both Police Chief
Michael Cronin and Lydia Romero for the great idea and reported spouse Jack Grandcolas was very
appreciative.
For those not present, Mayor Boro explained that LAUREL PLACE on Fourth Street was dedicated in
memory of Lauren Catuzzi Grandcolas, who perished on flight 93 on September 11, 2001.
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar as
follows:
ITEM
RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Tuesday, Minutes approved as submitted.
September 3, 2002 (CC)
3. Update of Legislation Affecting San Rafael (CM) — Accepted report.
File 116 x 9-1
4. City Council to Set Date of October 7, 2002 for
Public Hearing of Appeal by Save Gold Hill
Committee, of Subdivision Committee Action Taken
Friday, August 23, 2002, Granting Lot Line
Adjustment for the Property Located at the Existing
Terminus of Gold Hill Grade; APN(s) 015-250-28
and —55 (CD) — File 10-6 x 5-1
City Council set Public Hearing for
Monday, October 7, 2002.
SRCC Minutes (Regular) 09/16/2002 Page 1
Resolution Authorizing the City Manager to Execute
5. an Agreement (MOU) with County of Marin
Operational Area to Provide Emergency
Management Services (Commencing July 1, 2002
through June 30, 2003, in Amount of $18,060) (FD)
— File 4-13-99 x 9-3-31
Resolution Approving the Issuance and Sale of Not
6. to Exceed $27,500,000 Aggregate Principal Amount
of San Rafael Redevelopment Agency Central San
Rafael Redevelopment Project Tax Allocation
Refunding Bonds, Series 2002 (RA) —
File 4-16-7 x (SRRA) R-5 x R-6 x R-7 x R-140 XX
SRCC Minutes (Regular) 09/16/2002 Page 2
RESOLUTION NO. 11171 —
RESOLUTION AUTHORIZING THE
CITY MANAGER TO EXECUTE AN
AGREEMENT (MOU) WITH COUNTY
OF MARIN OPERATIONAL AREA TO
PROVIDE EMERGENCY
MANAGEMENT SERVICES
(Commencing July 1, 2002 through
June 30, 2003, in amount of $18,060)
RESOLUTION NO. 11172 —
RESOLUTION APPROVING THE
ISSUANCE AND SALE OF NOT TO
EXCEED $27,500,000 AGGREGATE
PRINCIPAL AMOUNT OF SAN
RAFAEL REDEVELOPMENT
AGENCY CENTRAL SAN RAFAEL
REDEVELOPMENT PROJECT TAX
ALLOCATION REFUNDING BONDS,
SERIES 2002
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
ABSTAINING: COUNCILMEMBERS: Mayor Boro (from item #2 only, due to absence from
meeting.)
PUBLIC HEARINGS:
Public Hearing —
7. TO CONSIDER UPDATING CITY OF SAN RAFAEL'S CONFLICT OF INTEREST CODE FOR
DESIGNATED EMPLOYEES, AS REQUIRED BY THE POLITICAL REFORM ACT OF 19742
CALIFORNIA'S CONFLICT OF INTEREST LAW FOR PUBLIC OFFICIALS (CC) —
FILE 9-4-3
Assistant City Attorney Gus Guinan explained that under the Fair Political Practices Political
Reform Act of 1974, the City is required once every two years, in the even numbered years, to
review its Conflict of Interest Code. The Conflict of Interest Code lists those designated
employees and officials of the City who are required to file Form 700s indicating their economic
interests. As outlined in the staff report, Mr. Guinan stated this was circulated to City staff, as well
as the various employees affected, and staff had made the changes identified on page 2 of the
staff report. He indicated that when this has been enacted, the employees and officials so
designated will be required to disclose their economic interests as outlined in the designated list.
Should there be questions, Mr. Guinan stated either he or City Clerk Leoncini would attempt to
answer them.
Mayor Boro opened the Public Hearing and there being no comment from the audience, closed
the Public Hearing.
Councilmember Phillips moved and Councilmember Miller seconded, to adopt the resolution.
RESOLUTION NO. 11173 — RESOLUTION REPEALING RESOLUTION NO. 10735 AND
ADOPTING CONFLICT OF INTEREST CODE FOR
DESIGNATED EMPLOYEES WHICH INCORPORATES BY
REFERENCE THE FAIR POLITICAL PRACTICES
COMMISSION'S STANDARD MODEL CONFLICT OF
INTEREST CODE, INCLUDING UPDATE OF MODEL CODE
AYES: COUNCILMEMBERS: Cohen, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Heller
Public Hearing —
8. TO CONSIDER ADOPTION OF NOISE ORDINANCE (PD) — FILE 9-3-30 x 9-3-16 x 9-3-85 x1-2
City Manager Rod Gould reported that as a result of some miscommunication concerning the
noticing, some people had the idea that the hearing was not actually being held this evening,
rather on October 21, 2002. He stated others had received the notice properly and had
commented in writing, and perhaps, some people in the audience this evening wished to
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SRCC Minutes (Regular) 09/16/2002 Page 3
comment. Therefore, with direction from the City Attorney, staff was suggesting Council hear the
staff report, direct questions to staff and the City Attorney's office, open the public hearing to
receive testimony from those present this evening and then hold the hearing open until October
21 to allow anyone who did not receive the proper notice to speak to the issue that evening. Mr.
Gould stated that having received all of the testimony, the public hearing would be closed and
Council would take whatever action deemed necessary.
Mayor Boro confirmed with City Attorney Gary Ragghianti that this statement was accurate.
Lieutenant Jim Kelly stated this was a proposal to repeal the current noise ordinance and enact a
new ordinance as recommended by City staff. He explained the existing ordinance is ineffective
as it has no objective measurable standards, making it impossible to prosecute violators. He
stated that in developing the new ordinance, staff remained cognizant of the fact that along with
being constitutionally sound and legally correct, it must be enforceable. He explained it could not
be complicated to the extent that the public would not understand it, or so convoluted that the
Police Department would not be able to reasonably enforce it.
Lieutenant Kelly reported that City staff believes an ordinance has been developed that has
objective, measurable standards based on sound science and legal precedent. He stated staff
also believes the public will understand, adhere to and support the ordinance. He explained the
draft ordinance had been through a lengthy process to ensure its validity, effectiveness and
acceptance.
Explaining the process in developing the final draft which staff recommends Council adopt,
Lieutenant Kelly stated City staff began to develop the new ordinance by contracting with Jeff
Pack, sound engineer, who measured sound levels throughout the City during different times of
day and on different days of the week; this determined ambient sound levels in the various
neighborhoods. He stated City staff also engaged Lisa Goldfien, an attorney specializing in
Municipal Law, to assist in drafting the ordinance.
Having prepared the initial draft of the ordinance, Lieutenant Kelly reported that City staff
presented it to neighborhood associations and commercial interest groups for review, input and
comment. He reported the most frequent comment initially was, "We like the ordinance, but we
don't know what a decibel sounds like"; therefore, in order to demonstrate how sound equates to
decibels and to receive further input from the community, City staff facilitated a town meeting on
April 26, 2002. Lieutenant Kelly stated that approximately 75 people attended the meeting, at
which time copies of the draft ordinance were made available to all, questions were answered
and public input was recorded.
Lieutenant Kelly reported that noise tests were also conducted, using common residential power
equipment such as lawnmowers, chainsaws and a leaf blower. He stated that Mr. Pack, sound
engineer, measured the noise at various distances and called out the decibel reading to the
crowd. Following this meeting, he reported that City staff compiled all of the comments received
into one working document. Lieutenant Kelly explained that although some of the comments
were diametrically opposed to each other, several common themes were found. He reported that
the most frequent concerns of residents were construction noise, residential power equipment
and amplified sound. He indicated that residents do not wish to be disturbed by noise before 7:00
a.m. during the week and later on weekends. He noted this was particularly true of construction
noise and residential power equipment. Lieutenant Kelly reported that residents do not wish to be
disturbed after 9:00 p.m. during the week; however, they believe weekend noises should be
allowed until 10:00 p.m.
Lieutenant Kelly reported the other most frequently asked question pertained to amplified sound
from vehicles and loud motorcycles, and although Council was aware of this, for the benefit of the
audience, Lieutenant Kelly explained the California Vehicle Code regulates amplified sound
emitted from a vehicle. He indicated it cannot be amplified for more than 50 -feet, and motorcycle
and other noises are regulated by decibel levels. He stated this cannot be superseded; therefore,
should questions arise as to why the ordinance does not address this, the answer is that State
Law already does.
While not wishing to make the ordinance overly complicated by including too many variables,
Lieutenant Kelly stated City staff did respond to input received by establishing quiet times later on
the weekend and holiday mornings and by prohibiting commercial construction noise on Sundays
and Holidays. He explained that Table 8.13-2, shown on page 11 of the draft, outlines the types
of noises and when they are prohibited.
Following these modifications, Lieutenant Kelly reported the final draft was distributed to the
homeowners and commercial interest groups and staff again met with them on July 11 to discuss
the changes. He indicated that although it is not possible to achieve 100% majority agreement on
this or any other ordinance, the residents staff consulted with have expressed their satisfaction
with the proposed ordinance and are looking forward to a quieter, more peaceful City of San
SRCC Minutes (Regular) 09/16/2002 Page 3
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Rafael.
Lieutenant Kelly stated that he, Ms. Goldfien, Attorney and Mr. Guinan, Assistant City Attorney
were available to answer questions.
Noting that Lieutenant Kelly made reference to State precedents, Councilmember Phillips
inquired as to what areas these covered. Lieutenant Kelly explained there were two areas
mainly: amplified sound from a motor vehicle, basically loud stereos, and motorcycle mufflers. He
stated that State Law prohibits amplified sound from a motor vehicle that can be heard from more
than 50 feet. Lieutenant Kelly stated that presently, Police Officers are not equipped with or know
how to use decibel meters. He indicated that as part of the proposal, staff is requesting funding
for decibel meters for each police vehicle, with training provided to the officers, rendering them
equipped and trained to handle these noises. Lieutenant Kelly confirmed that in the Vehicle
Code, motorcycles have a maximum decibel rating; therefore, absent this ordinance, when Police
Officers are equipped with decibel meters and are familiar with their use, it will be possible to
measure motorcycle noise and issue citations under the Vehicle Code.
Mayor Boro opened the Public Hearing and invited comment from the audience.
Hugo Landecker, Gerstle Park Neighborhood Association, stated they had a lot of input into this
ordinance initially and he was pleased with the result. He referred to a "catchall" paragraph on
page 5 of the draft ordinance, section 8.13.030 — Loud or unusual noises prohibited. While
agreeing with the intent, he was concerned regarding the Police Officer who would be required to
enforce this. He indicated this paragraph appeared to override all the limits placed elsewhere in
the ordinance, rendering it subjective on the Police Officer's decision as to whether to pursue a
problem or not. Mr. Landecker stated he believed this needed to be cleaned up somewhat and
while he had no suggestions as to how to achieve this, he indicated that to him it did not fit in with
the remainder of the ordinance.
Regarding how tree services would fair with this ordinance, Mr. Landecker stated it appeared to
him they would all go out of business with their chippers and chainsaws and he was unaware how
this ties in with the decibel limits.
Concerning refuse collection, Mr. Landecker stated he assumed the garbage people had been
consulted as to whether this is a workable solution. He reported that in his neighborhood, refuse
collection commences before 6:00 a.m. and while he personally did not have a problem with this,
he was aware that others do. He stated that to have refuse collection commence later in the
morning would involve the trucks in traffic, creating a further problem in the community. Being
unaware as to whether there was any problem with the decibel limits placed on garbage trucks,
he was aware of their loudness and believed the ordinance limits them to 95 dBA, a standard he
hoped was workable.
Mr. Landecker believed that when the ordinance is finally developed, it would be advantageous to
have some type of information sheet for contractors, homeowners and other interested parties
who perhaps do not have dBA meters and are faced with attempting to meet the standards of the
ordinance. He favored the production of an information sheet identifying different dBA levels for
different equipment at differing distances, listing some common noisemakers and the pertinent
noise emitted.
Mr. Landecker stated the ordinance had come a long way and he believed it to be on track.
Nina Lilienthal -Murphy, Vice -President, Lincoln -San Rafael Hill Neighborhood Association, stated
the draft of the Noise Ordinance had come a long way in a very good way. She indicated her
only objection was to the hours. Ms. Lilienthal stated her husband is a general contractor and a
lot of homeowners in her area like to work on their own homes on the weekend and believed
building and working on homeowners' own homes should be permitted on weekends. She
referred to page 9 of the ordinance, which indicates Construction Hours Monday through Friday
to be from 7:00 a.m. to 5:00 p.m., Saturday 9:00 a.m. to 5:00 p.m., with Sundays and Holidays
prohibited.
Ms. Lilienthal stated she favored the current hours — 7:00 a.m. — 9:00 p.m., especially during the
summer, which permits contractors to continue working. She indicated that she personally, works
on her house on weekends, using saws, and would like to be able to continue this. From the
draft, she considered the decibel levels to be fine.
Confirming that Ms. Lilienthal is familiar with decibels, Councilmember Phillips inquired whether
based on her experience, the decibel levels were reasonable. Ms. Lilienthal confirmed the levels
contained in the draft ordinance were very reasonable provided they are kept within the time
limitation; however, she did not believe it reasonable to have to stop at 5:00 p.m. in the summer.
She believed 9:00 a.m. to be reasonable on the weekends and favored being able to work on
Sundays also. She confirmed for Councilmember Phillips that the decibel levels for a chainsaw
SRCC Minutes (Regular) 09/16/2002 Page 4
SRCC Minutes (Regular) 09/16/2002 Page 5
are approximately 90 — 110
Gavle Gifford stated her concern was with Section 8.13.070 C. — page 13. Explaining, she stated
this concern related to the traffic helicopter and inquired what effect the ordinance would have on
this. Elaborating, she stated that when the traffic helicopter flies very low, the china in her cabinet
shakes.
Ms. Gifford indicated she would prefer not to have construction on Sundays.
Patrick Murphy, President, Lincoln -San Rafael Hill Neighborhood Association and a Steering
Committee member for the Federation of San Rafael Neighborhoods, thanked the City,
Lieutenant Kelly and the Community Development Department for taking the time in this
extended exercise to try to resolve this very sensitive issue. By sensitive, he explained that
through his experience in dealing with noise in this community, it can be relevant to location,
person, time of day and almost every value on this earth, and is a very complex issue.
In evaluating the process, Mr. Murphy stated he posed some questions to the sound engineer
pertaining to wind, as did others knowledgeable with noise, and the engineer's response was that
wind does not matter in noise; however, Mr. Murphy indicated it does, as does distance. He
stated the types of apparatus shown at the community center were very good; a lot of people had
never really understood the impact of chainsaws and lawnmowers in relative distance and they
got an idea of decibels and aggravating noise.
Mr. Murphy stated that some comments were made as to why a jackhammer was not used at the
demonstration, and he explained that it would have been necessary to import concrete, etc. He
indicated that some points could have been refined somewhat; however, for the most part, he
believed the community got a good idea of what this is about.
Mr. Murphy stated his real concern related to what would happen when a Police Officer responds
to a complaint. He explained that the sound engineer walked in with a $10,000 piece of
equipment, and obviously, Police Officers will not have such valuable equipment with them. He
noted quality, inexpensive meters are available that can be calibrated at given intervals, and
would record accurate data that would probably hold up in court, noting Caltrans uses them. Mr.
Murphy stated there are quality meters and to spend a lot of money for each police car, plus the
hours of training, is perhaps somewhat above and beyond what is called for in this situation. He
stated the meters available could be evaluated with some of the noise engineers in the area,
including Caltrans, as a number of different types are used, and this information could save the
City a lot of money.
With regard to the ordinance, Mr. Murphy stated he stressed balance at the meeting. Explaining,
he stated the Police Officers have to be able to interpret it for the violator or complainant without
the assistance of a lawyer. He stated that for someone to understand the nature of violations,
perhaps a pamphlet could be distributed to the community explaining what constitutes different
violations. This, he indicated, could provide the education some do not have pertaining to noise.
With regard to construction, Mr. Murphy stated that a lot of people do work on their own homes.
He noted that presently when purchasing a home in San Rafael, some people cannot afford to
pay a contractor; therefore, they do much of the work themselves. He understood that using a
chainsaw at 9:30 at night would be disturbing; however, he did not have a problem with a 9:00
p.m. cutoff time. Mr. Murphy stated that should this continue past 9:00 p.m., the complainant
could contact the police, who would come out and request the violator to cease.
A further concern addressed by Mr. Murphy related to vehicular noise. He stated that as
Lieutenant Kelly had indicated, this is preempted by State Law; however, the aspect of
enforcement has been of concern to a lot of people. He explained there are a lot of motorcycles
in the Lincoln area, and while having no objection to them, he was aware that when driven
through a neighborhood at 11:00 p.m., rumbling windows, people become upset. He commented
that dealing with this issue would be a complicated issue. Mr. Murphy indicated that another
issue of concern related to "boom boxes" and this would need to be addressed with the
community.
Regarding the Public Entities issue, Mr. Murphy stated that two years ago, Caltrans decided to
repair the expansion joints on the viaduct with jackhammers, at 1:30 a.m. He indicated he found
this unnecessary, the timing was inappropriate and City officials having contacted Caltrans, they
ceased this activity at night. While recognizing there are times such as 8:00 — 10:00 p.m. when
this can be done, he believed the City needs to work with the various public agencies, including
its own, to resolve some of these issues to avoid complaints such as have been received in the
past.
Mr. Murphy believed the areas covered by him this evening to be the only ones lacking in
finalizing the issue, other than attempting to generate a workable document that could be dealt
SRCC Minutes (Regular) 09/16/2002 Page 5
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with on a daily basis
Mayor Boro issued a reminder that he would not close the public testimony at this point as it
would be carried forward to the meeting of October 21, 2002, and he invited Lieutenant Kelly to
respond to some or all of the questions raised this evening.
With regard to Section 8.13.030 on page 5 — Loud or unusual noises prohibited — Lieutenant Kelly
explained that in creating the ordinance, staff could not cover every single situation that might
occur, nor could they predict situations; therefore, it was necessary to have a section covering
noise that could be injurious to the public health but not in excess of the decibel meters. Using an
analogy, Lieutenant Kelly stated that should someone set up a bongo drum in front of a
convalescent home and begin playing, the noise may not be in excess of the permitted decibels;
however, if it could be shown that that noise was injurious to the health of the patients in the
convalescent home, staff believes a case could be built to demonstrate that this activity was in
violation of the noise ordinance. He indicated that without this, staff could merely state that the
noise did not exceed the decibel levels; therefore, nothing could be done, and the intention is not
to be placed in this position.
Lieutenant Kelly stated this clause was left in the ordinance to afford staff another tool should the
noise be deemed injurious to the public health. Mayor Boro added it is also to give the Police
Officers some discretion. Lieutenant Kelly stated the decision is difficult; however, should staff be
in a position to prove a case that is injurious to the public health, a citation could be issued to
enforce the ordinance. While it appears to be ambiguous, he stated it is included for a purpose.
Councilmember Cohen stated that having read this subsequent to its having been raised by Mr.
Landecker, he did not believe it confuses the issue in that should someone exceed a specified
decibel level, that activity is covered in the ordinance and there is a clear determination. Section
8.13.030 indicates that even within the limit, the Police Officer can exercise judgment, and should
the determination be that this is injurious to the public health, the violator could be forced to cease
under this ordinance. Councilmember Cohen inquired whether this was the intent.
Attorney Lisa Goldfien responded affirmatively, and pointed out it is very similar to what the City
has currently and has been enforcing. She indicated it is not as easy to enforce; however, it
gives an extra weapon for cases that might not actually be violations under the objective
standards but still would be public nuisance situations.
With regard to refuse collection hours, Lieutenant Kelly reported having had conversations and
correspondence with Marin Sanitary Service, particularly with Patricia Garbarino, and a
representative of Marin Sanitary Service attended the meeting on July 11 to discuss the final
draft. He stated Marin Sanitary Service indicated all of their equipment is within the 93 -decibel
rating, they are not concerned about this whatsoever and are very much in favor of the ordinance.
Lieutenant Kelly reported they do like to commence their commercial operation at 4:00 a.m., as
this necessitates driving in and out of back alleys and through commercial areas when they are
free of traffic and parked vehicles. He stated they did request to commence their residential pick-
ups at 6:00 a.m., as to wait until later would involve them in traffic. He explained that legally,
garbage trucks are permitted to drive on the wrong side of the street, etc., and it is a matter of
public safety that they commence their operation at 6:00 a.m. He reported that having reviewed
the ordinance extensively, Marin Sanitary Service is very much in favor of it.
Concerning tree services, Lieutenant Kelly stated that in considering decibels, it is difficult in that
chainsaws are loud, and the demonstration at the public meeting indicated that a lawnmower at
the source is 90 dBA. When it moved 25 feet, the dBA fell down into the low 70s and from 50 feet
away, it was in the 54 — 55 decibel range. He stated that with tree services, chainsaws would be
loud; however, for the most part, most of the equipment would be within the range.
Commenting on both Mr. Landecker and Mr. Murphy's remarks on public education, Lieutenant
Kelly reported this has certainly been discussed by City staff and would definitely be a part when
the ordinance is adopted in whatever form. He stated consideration had been given to generating
a brochure, noting Lydia Romero, Assistant to the City Manager, produces a City Newsletter,
which is distributed to all residents. He stated these are excellent ideas and agreed the public
needs to be informed of the ordinance. He recalled an article in the Marin Independent Journal
the day following the town meeting, which included a chart identifying different decibel readings.
Having conversed with the reporter, Lieutenant Kelly stated she indicated she simply went on the
Internet, typed in "Noise" and this produced all types of charts. He noted there is a lot of
information readily available, which could be reproduced and made available to the public, or the
public could be provided with avenues to locate this information.
Mayor Boro referred to the question raised regarding Sunday construction, noting page 9 was
cited which indicates a prohibition; however, page 11 indicates that Residential Power Equipment
and Construction Activities Undertaken by Residential Property Owners may occur on Saturdays,
Sundays and Holidays.
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Responding, Lieutenant Kelly confirmed that Sunday construction work prohibition only pertains
to commercial businesses and does not pertain to homeowners or their relatives and friends who
might be assisting them.
With respect to helicopter noise, Attorney Lisa Goldfien stated air traffic noises are generally
exempted as they are governed by the Federal Aviation Administration and staff was not
attempting to address these. Ms. Goldfien indicated she would double check on traffic
helicopters, however, and have the information available for the October 21s' meeting.
With regard to meters, Mayor Boro stated he did not envision the City purchasing $10,000
meters, rather those that are effective and have been used and tested. Lieutenant Kelly indicated
he had spoken with Jeff Pack, sound engineer, and as Mr. Murphy indicated, very good meters
are available within the $300 range. He explained that from his own experience, when a call
concerning noise is received, an officer responds to the location. In this case, a Police Officer
would respond to the location, use the decibel meter, contact the responsible party, show them
the decibel reading, inform them of the excess and request that the noise be ceased. He stated
that in the majority of cases, that is all that is required and the only time court evidence would be
required would be in the event of someone refusing to stop the noise or it is repeated after
several warnings.
Mayor Boro stated another point raised, which the City has begun to implement, addressed
coordination with other public agencies, such as Caltrans, as they work in San Rafael. He stated
staff should ensure these agencies are aware of San Rafael's needs and rules also.
Mayor Boro thanked Attorney Lisa Goldfien and Lieutenant Kelly for their work to date.
Councilmember Phillips referred to the comment regarding measuring dBA from various
distances and inquired as to how this principle applies to the ordinance; e.g. should someone
complain, whether the sound would be measured from the actual location or, for instance, the
next door neighbor's back yard, etc.
Responding, Lieutenant Kelly stated the sound would be measured from the first public property
plane from which the sound is being emitted. He explained that should the sound be coming from
a house, the Police Officer would go to the sidewalk in front and measure from there. He
confirmed there also is provision to measure where the sound is being received. He explained
that comments were received from the public to the effect that the sound at the source may not
be that loud; however, for those living on a hillside, it could be louder when reflected up.
Councilmember Phillips inquired whether this was spelled out in the ordinance. Responding,
Attorney Lisa Goldfien stated that in Section 8.13.040 — General Noise Limits - the sound levels
are to be measured from any receiving property. To look at the noise levels, she indicated the
general statement is that the noise levels cannot exceed a certain level when measured on any
residential, industrial, commercial or public property. Ms. Goldfien stated the enforcing officer
would determine where to measure from and use the appropriate noise level.
Lieutenant Kelly stated staff also built in a clause for multi -family residences, i.e. apartment
buildings. He explained that on the property plane out on the sidewalk, the noise might not be
loud; however, should it share an interior common wall, it could be loud in the adjoining
apartment. He indicated that a clause was built in indicating that a measurement could be taken
from inside a residence, 3'/2 feet from the common wall and 5 feet above the floor.
Mayor Boro stated the record should show that three pieces of correspondence were received
today from: Mr. and Mrs. de Lenea, Mr. and Mrs. Barron and Peter Arrigoni, General Manager,
Marin Builders Exchange, which he assumed would be addressed at the next Council Meeting on
this subject.
Mayor Boro announced that the public hearing would be carried forward to October 21, 2002 (to
be re -noticed).
COUNCILMEMBER REPORTS:
a) Marin Telecommunications Agency Draft Franchise Renewal Agreement: -
9. File 4-13-101 x 9-7-4
Councilmember Miller reported he would be out of town for the next couple of weeks and
believed in the interim this issue would begin to mount and appear in the public press;
therefore, he wished to apprise Council as to the status of the Marin Telecommunications
Agency Draft Franchise Renewal Agreement with Tele-Vue Systems, Inc., a subsidiary of
AT&T Broadband, LLC. He distributed material to Councilmembers, printed courtesy of
Unicorn Printing, 3175 Kerner Boulevard, San Rafael.
SRCC Minutes (Regular) 09/16/2002 Page 7
SRCC Minutes (Regular) 09/16/2002 Page 8
Explaining the documents included, Councilmember Miller indicated the first was a
memorandum from Greg Stepanicich, General Counsel, summarizing the proposed
agreement. He reported it had been a real pleasure working with Greg, indicating he is
superior in terms of law and communications.
Councilmember Miller stated the next 39 pages consisted of the actual draft of the
Agreement, which had been three years in the making.
Following the draft agreement was a presentation by Bruce Bagnoli, Chairperson of the
Public Access Committee. Councilmember Miller explained this comes from the advocacy
people for public access. He stated it is very important to understand that this franchise is out
to protect the fees/income and has nothing to do with how it is spent.
Also included is the proposed Media Democracy Bill of Rights for Telecommunications
Policy, from the Social Justice Center. Councilmember Miller stated their interest is in the
whole democracy element and public access.
The last document being an article from The New Republic, Councilmember Miller explained
this is an excellent article as it gives a view of what is happening in the Telecommunications
Industry.
Councilmember Miller pointed out that the fifteen years seems like a huge, long time. He
explained this was a hard fought situation; however, mitigating factors include the deal point.
He stated that in order to ameliorate that deal point, the Favorite Nation clause is included,
i.e., should two cities get anything, San Rafael does also.
Another important part is that with the advance of technology, negotiations could be
reopened. Most importantly, Councilmember Miller stated the reason for the fifteen years,
which is a positive advantage, is because the national legislation of the majority party in
Congress and the Administration are very anxious to redefine things so that it goes into
information services rather than cable services, thus eliminating franchise fees. He indicated
that by locking this into fifteen years, there is protection in terms of contract. Had it not been
for the good work of the attorney, Councilmember Miller stated this would not have come
about.
Councilmember Miller stated it was a well thought out document and there would be a lot of
public comment in terms of how the franchise fees are applied.
From an informational point of view, Mayor Boro inquired as to why Novato was not part of
this. Responding, Councilmember Miller stated he could not speak on Novato's behalf.
City Manager Rod Gould explained that for years, Novato had a different cable provider,
which was then purchased by AT&T, resulting in a major dispute between the city and AT&T
concerning the rollout of the new technology. He indicated this has only recently been
resolved and damages have been awarded the city. Mr. Gould stated now that the issue
has been settled, he believes it is Novato's plan to join the MTA; however, until the issue was
settled with the cable provider, they did not wish to proceed.
With regard to the $750,000, Mayor Boro inquired whether this would be prorated amongst
the cities. Responding, Mr. Gould stated this is up to the MTA Board and they could spend it
on any number of worthy causes. Mayor Boro inquired whether it was to be assumed that
should Novato come on board, the $750,000 would be raised. Mr. Gould stated it would be
necessary to evaluate Novato's current franchise agreement with AT&T, as more than likely,
AT&T would seek to transfer that agreement to COMCAST, the eventual buyer of all AT&T's
cable assets.
Mayor Boro suggested to Councilmember Miller, the San Rafael's MTA representative, to be
careful of this as the City should not be deluded because of Novato's entry.
Being aware that AT&T is basically planning to peddle this company, Mayor Boro inquired as
to why the City wished to resolve this with AT&T now, rather than waiting for their successor.
Councilmember Miller and City Manager Gould indicated the window of opportunity and
maximum leverage is now.
Mayor Boro recalled reading that AT&T is planning to sell its building on Andersen Drive and
apparently, transfer the operation to Napa, and he inquired whether it would then be
necessary to drive to Napa to obtain service. Councilmember Miller explained that the
agreement stipulated there has to be something in Central Marin.
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Mayor Boro thanked Councilmember Miller for his hard work, noting it had been a long and
tedious process.
Councilmember Miller also submitted a copy of the material to the City Clerk.
b) Jewish Holidays: - File 1-1 x 9-1 (verbal)
Councilmember Cohen observed that tonight at sundown concluded Yom Kippur, one of the
holiest days in the Judaic tradition, and once again, it coincided with a Council meeting. He
noted the City Charter indicates the Council shall meet the first and third Mondays; however,
he believed it behooved Council to evaluate this in an effort to ascertain whether there was a
way to address this situation. He indicated he made the choice based on the issues at hand
this evening, particularly the need for four votes on the Redevelopment issue, to be present
rather than breaking the fast with his family when the holiday concluded at sundown.
Councilmember Cohen believed there were others in his faith who chose to observe their
religion and not participate in the public process.
Mayor Boro requested the City Clerk to pursue this issue.
There being no further business, the City Council meeting was adjourned at 8:55 p.m. Mayor
Boro announced Council would go into a Study Session regarding the Fire Department's
Standard of Cover Report, to be followed by a Closed Session.
At the conclusion of the Closed Session at 10:10 p.m., Mayor Boro announced that no reportable
action was taken.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12002
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 09/16/2002 Page 9