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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 SRCC Minutes (Regular) 09/16/2002 Page 2 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 SRCC Minutes (Regular) 09/16/2002 Page 4 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 SRCC Minutes (Regular) 09/16/2002 Page 6 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. SRCC Minutes (Regular) 09/16/2002 Page 6 SRCC Minutes (Regular) 09/16/2002 Page 7 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. SRCC Minutes (Regular) 09/16/2002 Page 8 SRCC Minutes (Regular) 09/16/2002 Page 9 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