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HomeMy WebLinkAboutCC Minutes 2003-01-21SRCC Minutes (Regular) 01/21/2003 Pagel IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 21, 2003 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 Phillips announced Closed Session item. CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM: Present: Gary O. Phillips, Vice -Mayor Barbara Heller Councilmember Cyr N. Miller, Councilmember Absent: Albert J. Boro, Mayor Paul M. Cohen, Councilmember a) Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators' Names: Ken Nordhoff, Daryl Chandler, Lydia Romero Employee Organization: San Rafael Firefighters' Association Vice -Mayor Phillips announced that no reportable action was taken. ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:02 PM None Councilmember Miller moved and Councilmember Heller seconded, to approve the Consent Calendar as follows: ITEM 2. Approval of Minutes of Regular Meeting of Monday, January 6, 2003 (CC) 3. Approval of Appointment of Joseph Grasso as Alternate on the San Rafael Design Review Board (CC) — File 9-2-39 4. Resolution Initiating Priority Projects Procedure (PPP) for Implementing San Rafael General Plan 2000 Circulation Element Policies C-2, C-3 and C-7 and Program C -b Re Impacted Areas of Bellam Boulevard/1-580/Highway 101 (East San Rafael) and Freitas Parkway/Highway 101 and Lucas Valley Road/Smith Ranch Road/Highway 101 (North San Rafael) (CD) — File 115 (PPP) x 11-1 7. Resolution Authorizing Renewal of Lease Agreement With Macerich Company for City Hall at the Mall; Term of Lease from February 1, 2003 through January 31, 2004 (MS) — File 2-9-21 x 247 8. Resolution Authorizing Examination and Receipt of Sales and Use Tax Allocation and Confidential Registration Records (MS) — RIP 8-10 x 8-9 RECOMMENDED ACTION Minutes approved as submitted. Approved staff recommendation to appoint Joseph Grasso, Senior Structural Engineer, as alternate to the Design Review Board, with term to expire end of June, 2005. RESOLUTION NO. 11238 — RESOLUTION AMENDING RESOLUTION NOS. 7583, 8071, 8313, 9331, 9418, 10162, 10714 AND 10962 ESTABLISHING PRIORITY PROJECTS PROCEDURE (PPP) FOR IMPLEMENTING THE SAN RAFAEL GENERAL PLAN 2000 CIRCULATION ELEMENT POLICIES AND PROGRAMS RESOLUTION NO. 11239 — RESOLUTION AUTHORIZING A RENEWAL OF THE SPECIALTY LEASE AGREEMENT BETWEEN MACERICH COMPANY AND CITY OF SAN RAFAEL FOR CITY HALL AT THE MALL (Term of Lease from February 1, 2003 — January 31, 2004) RESOLUTION NO. 11240 — RESOLUTION AUTHORIZING EXAMINATION AND RECEIPT OF SALES AND USE TAX ALLOCATION AND CONFIDENTIAL REGISTRATION RECORDS SRCC Minutes (Regular) 01/21/2003 Page 1 SRCC Minutes (Regular) 01/21/2003 Page 2 9. Resolution Authorizing Staff to Execute Contract RESOLUTION NO. 11241 — with Governor's Office on Service and RESOLUTION AUTHORIZING STAFF Volunteerism Funds for Community Emergency TO EXECUTE CONTRACT WITH Response Teams (CERT) (FD) — GOVERNOR'S OFFICE ON SERVICE File 9-3-31 AND VOLUNTEERISM FUNDS FOR COMMUNITY EMERGENCY RESPONSE TEAMS (CERT) 10. Resolution Authorizing Execution of a Grant of RESOLUTION NO. 11242 — Temporary Construction and Access Easement RESOLUTION AUTHORIZING Agreement with the Owner of 901 B Street EXECUTION OF A GRANT OF (Assessor's Parcel No. 11-255-19) Related to TEMPORARY CONSTRUCTION AND Construction of the City Parking Structure to be ACCESS EASEMENT AGREEMENT Located on Third and C Streets, and Authorizing WITH THE OWNER OF 901 B STREET Execution of a Certificate of Acceptance (ASSESSOR'S PARCEL NO. 11 -255 - Necessary for Recordation of the Grant of 19) RELATED TO CONSTRUCTION Temporary Construction and Access Easement OF THE CITY PARKING STRUCTURE Agreement (PW) — TO BE LOCATED AT THIRD AND C File 2-5-47 x 12-14 x (SRRA) R-430 STREETS, AND AUTHORIZING EXECUTION OF A CERTIFICATE OF ACCEPTANCE NECESSARY FOR RECORDATION OF THE GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AND AGREEMENT (Dario Darold, Grantor) 11. Resolution Authorizing Execution of a Grant of RESOLUTION NO. 11243 — Temporary Construction and Access Easement RESOLUTION AUTHORIZING Agreement with the Owner of 905 B Street EXECUTION OF A GRANT OF (Assessor's Parcel No. 11-255-20) Related to TEMPORARY CONSTRUCTION AND Construction of the City Parking Structure to be ACCESS EASEMENT AGREEMENT Located on Third and C Streets, and Authorizing WITH THE OWNER OF 905 B STREET Execution of a Certificate of Acceptance (ASSESSOR'S PARCEL NO. 11 -255 - Necessary for Recordation of the Grant of 20) RELATED TO CONSTRUCTION Temporary Construction and Access Easement OF THE CITY PARKING STRUCTURE Agreement (PW) — TO BE LOCATED AT THIRD AND C File 2-5-48 x 12-14 x (SRRA) R-430 STREETS, AND AUTHORIZING EXECUTION OF A CERTIFICATE OF ACCEPTANCE NECESSARY FOR RECORDATION OF THE GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AND AGREEMENT (Carlo Gnemmi, Grantor) 12. Resolution Authorizing Execution of a Grant of RESOLUTION NO. 11244 — Temporary Construction and Access Easement RESOLUTION AUTHORIZING Agreement with the Owners of 1219 Fourth EXECUTION OF A GRANT OF Street (Assessor's Parcel No. 11-255-26) TEMPORARY CONSTRUCTION AND Related to Construction of the City Parking ACCESS EASEMENT AGREEMENT Structure to be Located on Third and C Streets, WITH THE OWNERS OF 1219 and Authorizing Execution of a Certificate of FOURTH STREET (ASSESSOR'S Acceptance Necessary for Recordation of the PARCEL NO. 11-255-26) RELATED Grant of Temporary Construction and Access TO CONSTRUCTION OF THE CITY Easement Agreement (PW) — PARKING STRUCTURE TO BE File 2-5-49 x 12-14 x (SRRA) R-430 LOCATED AT THIRD AND C STREETS, AND AUTHORIZING EXECUTION OF A CERTIFICATE OF ACCEPTANCE NECESSARY FOR RECORDATION OF THE GRANT OF TEMPORARY CONSTRUCTION AND ACCESS EASEMENT AND AGREEMENT (Lands of Petersen, et al., Grantors) AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro SRCC Minutes (Regular) 01/21/2003 Page 2 SRCC Minutes (Regular) 01/21/2003 Page 3 The following item was removed from the Consent Calendar for discussion at the request of Councilmember Heller: 5. RESOLUTION TO OPPOSE THE IMMEDIATE CESSATION OF VEHICLE LICENSE FEE PAYMENTS AND SHIFTING OF REDEVELOPMENT REVENUE AND SUPPORT LEGISLATION TO REINSTATE THE VEHICLE LICENSE FEE TO ITS FULL LEVEL (CM) — FILE 116 x 8-5 x 9-1 x (SRRA) R-123 x (SRRA) R-140 #8 Councilmember Heller requested further explanation on funds to be lost in the coming years, as this was probably the beginning of a very difficult two — four year period for San Rafael as a city. City Manager Rod Gould explained that the Governor's proposed budget announced January 10, 2003, indicated immediate cessation of vehicle license fee payments beginning in February for cities and counties that would cost San Rafael over one million dollars in this current fiscal year. This meant that between now and June 30, 2003, San Rafael would lose a million dollars of payments, monies budgeted some time ago, that otherwise would have been expected from the state. Beyond this, Mr. Gould stated the suggestion was that the State cease making vehicle license fee "backfill" payments at all, which would cost cities and counties statewide $5 billion, and the City of San Rafael over $2 million per year, ongoing. He indicated that these dollars are used to fund police and fire, parks and recreation, library and cultural affairs activities and other essential services to communities across California and in San Rafael. Explaining the need for the so called "backfill" of the vehicle license fee, Mr. Gould stated that commencing in 1998, the State began to reduce the vehicle license fee, also known as the "Car Tax," and continued in the ensuing few years to reduce that vehicle license fee by two-thirds; however, it promised it would make up to cities and counties the taxes no longer being collected through allocations from the General Fund. He indicated it was anticipated this promise would be good as long as the State of California was running surpluses; however, as was well known by Councilmembers, the State is in dire fiscal straits and depending on whom to believe, is out of pocket anywhere between $26 billion and $35 billion in the next eighteen months. Mr. Gould reported the Governor proposes visiting one-third of the shortfall on local government, and by far the largest amount is in ceasing to make whole for the vehicle license fees no longer collected as a result of the car tax cut. He stated there are many who believe the correct course is to return the vehicle license fee to its 1998 level, thus, no longer requiring backfill by the State, rather paying local government what is constitutionally protected as a local government revenue source. Mr. Gould noted that today, Speaker Herb Wesson introduced a bill in the Assembly, AB4X, that would protect vehicle license fee payments for cities and counties. Mr. Gould stated that approving the Resolution this evening would essentially be lining up with Speaker Wesson's proposal; opposition to the Governor's suggestions for redirection of redevelopment funds was also included in the Resolution. He explained the Governor suggested several weeks ago taking $500 million from Redevelopment Agencies statewide and this could cost San Rafael millions of dollars and make it much harder to meet the housing goals, especially affordable housing goals. Mr. Gould reported the Governor had also proposed taking an additional $250 million per year, commencing next year, escalating to a billion dollars per year, from redevelopment in general, as part of his ongoing budget fix. He indicated staff believes this to be a very deleterious move in that redevelopment creates economic opportunity, eliminates blight and creates jobs, and it is difficult to understand the Governor's logic when he states he is for jobs and more jobs. Mr. Gould respectfully requested that Council approve this Resolution opposing the failure to pay cities and counties its vehicle license fees, opposing the shift of redevelopment funds and proposing returning vehicle license fees to their 1998 level. Noting California voters passed Proposition 47, Councilmember Heller inquired how the legislature could reduce funding voted on by the people. Lydia Romero, Assistant to the City Manager, explained that Proposition 47 dedicated the vehicle license fee as local government revenue, thereby, in granting the car tax reduction in 1998, they backfilled, promising to continue the payments to local government. City Manager Gould further explained that Proposition 47 stated that to the extent the State was collecting vehicle license fees, it would be a local government revenue source; it did not set the rate. The State lowered the rate and pledged that whatever was collected would be given to local government; however, only a third of the 1998 figure was being collected, hence the problem of a two-thirds reduction. Confirming there still was compliance with Proposition 47 with what little was flowing back to cities and counties in vehicle license fees, City Manager Gould stated this was only a trickle towards what it used to be. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution SRCC Minutes (Regular) 01/21/2003 Page 3 SRCC Minutes (Regular) 01/21/2003 Page 4 RESOLUTION NO. 11245 — RESOLUTION TO OPPOSE THE IMMEDIATE CESSATION OF VEHICLE LICENSE FEE PAYMENTS AND SHIFTING OF REDEVELOPMENT REVENUE AND SUPPORT LEGISLATION TO RESTORE THE VEHICLE LICENSE FEE TO ITS FULL LEVEL AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips None Cohen and Mayor Boro The following item was removed from the Consent Calendar for discussion at the request of Councilmember Heller: 6. RESOLUTION AUTHORIZING THE PURCHASE OF TWO FIRE ENGINES (PUMPERS) FROM KME FIRE APPARATUS AND ONE AMBULANCE FROM LEADER INDUSTRIES (FD) — FILE 4-2-321 x 9-3-31 Being cognizant of fiscal problems and indicating her awareness that ambulances were on a five-year renewal basis and fire engines renewed after fifteen years of service, Councilmember Heller inquired whether in future, the possibility of retaining equipment for a further period would be explored. Responding, City Manager Gould stated that two years ago, Public Works conducted a very thorough vehicle replacement schedule study to determine the most efficient and economical time, based on industry standards and thousands of units in use in California and across the country, to trade out the old equipment and purchase new, whether fire engines, ambulances, police cruisers, pickup or dump trucks. As one of the options to assist with the current budget crisis, Mr. Gould stated he had requested the departments to return and evaluate the replacement schedule on vehicles, personal computers and information technology and the radio system replacement. While he could not guarantee staff would suggest changing the schedules much, especially with vehicles, which were recently evaluated, this source would again be explored as a possibility for savings. Councilmember Heller noted that money is set aside on an ongoing basis and is therefore, already budgeted to purchase the equipment. City Manager Gould confirmed this to be an enterprise fund, operating as a sinking fund, with each department paying in accordance with vehicle use each year, hence the monies for replacement, which was the case with the two fire engines and ambulance. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 11246 — RESOLUTION AUTHORIZING THE PURCHASE OF TWO FIRE ENGINES FROM KME FIRE APPARATUS AND ONE AMBULANCE FROM LEADER INDUSTRIES AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro PUBLIC HEARING: 13. Public Hearing — CONSIDERATION OF ORDINANCE AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE "PROTECTION OF FLOOD HAZARD AREAS" (PW) — FILE 12-9 x 9-3-40 Public Works Director Dave Bernardi stated these were proposed amendments to Chapter 18 of the Municipal Code entitled "Protection of Flood Hazard Areas." He indicated the ordinance is required by the Federal Emergency Management Agency in order to provide the opportunity for San Rafael residents to obtain flood insurance. Mr. Bernardi explained that FEMA had adopted these maps and they identified specifically designated zones in San Rafael where lenders would not lend on the property unless flood insurance was obtained. He stated the proposed amendments are technical in nature and further clarify the responsibilities of the property owner, primarily in terms of how the property is developed, and setting minimum elevation standards. Without considering a lot of the technical details, Mr. Bernardi stated it had been evaluated by staff who determined there was no increased cost to the City with regard to having this ordinance on the books. He indicated it was primarily to permit property owners to obtain the insurance, and he recommended that subsequent to the public hearing, Council pass the SRCC Minutes (Regular) 01/21/2003 Page 4 SRCC Minutes (Regular) 01/21/2003 Page 5 ordinance to print. Vice -Mayor Phillips declared the public hearing opened and there being no comment from the audience, closed the public hearing. The title of the ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING TITLE 18 OF THE SAN RAFAEL MUNICIPAL CODE; PROTECTION OF FLOOD HAZARD AREAS" Councilmember Miller moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1796 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro 14. Public Hearing — CONSIDERATION OF ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE SECTION 14.19.030 TO ALLOW THE CITY COUNCIL TO ADOPT BY RESOLUTION TEMPORARY PROCEDURES AND PERMITTING REQUIREMENTS FOR THE DISPLAY OF TEMPORARY PROMOTIONAL BANNERS BY BUSINESSES LOCATED WITHIN THE CONFINES OF THE DOWNTOWN REDEVELOPMENT AREA (DOWNTOWN) AND ALONG FRANCISCO BOULEVARDS EAST AND WEST; CITY OF SAN RAFAEL, APPLICANT (CD) — FILE 125 x 10-2 x 10-6 Vice -Mayor Phillips opened and continued the Public Hearing to the City Council meeting of February 3, 2003, at the request of staff. 15. Public Hearing — CONSIDERATION OF ORDINANCE AMENDING SAN RAFAEL MUNICIPAL CODE SECTIONS 14.03.030, 14.05.020, 14.05.022, 8.15.005 AND 8.15.270 TO PROVIDE A DEFINITION FOR "SIGNIFICANT TOBACCO RETAILER" AND TO PROHIBIT ESTABLISHMENT OF NEW SIGNIFICANT TOBACCO RETAILERS WITHIN ONE OF THE THREE ALTERNATIVE DISTANCES (1,000 FEET (ALTERNATIVE "A"), 750 FEET (ALTERNATIVE "B"), OR 500 FEET (ALTERNATIVE "C") FROM THE FOLLOWING YOUTH -ORIENTED LAND USES: SCHOOLS, PARKS, LIBRARIES, COMMUNITY/RECREATION CENTERS, DAYCARE CENTERS, AND HOUSES OF WORSHIP WITH ORGANIZED YOUTH PROGRAMS; CITY OF SAN RAFAEL, APPLICANT (CD) — FILE 10-3 x 10-1 x 10-2 x 13-1 Associate Planner Damon DiDonato stated this was a Municipal Code text amendment that would provide a definition for significant tobacco retailers, permit significant tobacco retailers within certain commercial districts, subject to issuance of a Use Permit, and prohibit new significant tobacco retailers from establishing within three alternative distances: 1,000 feet, 750 feet or 500 feet from specified youth oriented land uses. As indicated in the staff report, Mr. DiDonato reported that the Planning Commission recommended approval of the text amendments with a 1,000 -foot alternative. He indicated the Planning Commission also directed staff to modify the text amendments to make the definitions and language consistent with the County ordinance and to consult with the City Attorney regarding the possible prohibition of significant tobacco retailers at Northgate Mall and the Transit Center. Mr. DiDonato reported that the City Attorney raised two issues for Council consideration: 1) Whether there was sufficient evidence that uses such as Northgate Mall and the Transit Center qualified as youth oriented land uses, i.e., were these places where children tended to gather and visit; and 2) Should they indeed qualify as youth oriented land uses, the City Attorney recommended that the code should refer to prohibiting establishment of significant tobacco retailers within a specified distance from parcels containing these uses rather than these individual parcels and these individual users, with a definition provided by staff for each use. In response to the City Attorney's issues, Mr. DiDonato reported that staff conducted additional research and visited Northgate Mall and the Transit Center. He stated it was found that groups of children were present at the Northgate Mall and in particular, teenagers in great numbers; SRCC Minutes (Regular) 01/21/2003 Page 5 SRCC Minutes (Regular) 01/21/2003 Page 6 however, there was no similar finding at the Transit Center. This, he stated, was consistent with a study done by the Northgate Mall management, which indicated that while teenagers, children from twelve to seventeen, accounted for only 8% of the entire population close to the mall, they accounted for 33% of the shoppers. Therefore, staff concluded that shopping malls were youth oriented land uses and transit centers were not, and as such, staff was recommending approval of the text amendments with the prohibition of significant tobacco retailers within 1,000 feet of youth oriented land uses, including shopping malls. Mr. DiDonato stated that the draft ordinance was consistent with staff's recommendation and included a definition of shopping malls. Noting the 1,000 -foot recommendation coincided with the County, Councilmember Miller stated it was not so with the other cities, e.g., San Anselmo. He expressed the hope that advocates for such recommendations would meet with the San Anselmo Council, etc., as there was a problem in the West End because of the boundary lines, stores, etc., on the San Anselmo side. Councilmember Miller noted the Santa Venetia area was taken care of by the County; therefore, the 1,000 feet remained whole. Asking for the 1,000 feet was in keeping with the County and at the same time, allowed these stores to come into other areas of the City, so there was no violation of the Commerce Act. Councilmember Miller commented that he had visited the Transit Center this morning. He stated that unlike the County, malls were being added, due to the gathering of youth. Noting that tobacco was not sold in the mall, Councilmember Heller inquired whether Longs Drugstore, across in the other mall, was within the 1,000 feet, and whether they were considered a significant tobacco retailer. Responding, Mr. DiDonato explained that in order to be considered a significant tobacco retailer, a retail enterprise would need to dedicate 20% or more of its retail floor sales area to tobacco sales, or generate more than 75% of gross receipts from the sale of tobacco. He confirmed for Councilmember Heller that Safeway would not be considered a significant tobacco retailer, whereas Cigarettes Cheaper would. He also confirmed that to staff's knowledge, there was just one significant tobacco retailer in the City, as of today. Community Development Director Bob Brown noted there previously was a cigar shop downtown that went out of business and was being operated presently as Extreme Pizza. Vice -Mayor Phillips declared the public hearing opened. Tamara Rosenfeld and Jessica Levine introduced themselves. Jessica Levine reported they were members of the Marin Youth Tobacco Education Coalition (MYTEC) and San Rafael residents. She explained that MYTEC was a group of Marin County youth working on changing attitudes and raising awareness about tobacco issues and related policies, especially regarding youth access. Projects currently being worked on included a divestment campaign to encourage schools to cease purchasing cafeteria and vending machine food from tobacco owned companies. She reported they were also educating the community about the Tot Lot Law, which prohibits smoking in and around sandboxes and youth playgrounds. Tamara Rosenfeld urged the City Council to adopt the resolution using Alternative A — the 1,000 -foot setback. In addition, she requested that the City Council include shopping malls as a definition of a youth center. Ms. Rosenfeld stated that as a student at Terra Linda High School, she was aware that many students from Terra Linda and other schools used malls, including Northgate, for shopping, socializing and a place to buy lunch. She commented that in middle school, students would congregate there to socialize, noting also that a lot of young people frequently attend the movie theater located there. With regard to the Transit Center, Jessica Levine reported being a student at Marin Academy and as her school population comes from all over Marin County, San Francisco and the East Bay, they use the Transit Center a lot. While indicating it was not so much a "hang out," place, nevertheless, it was used to catch the bus; she, having a car, often drove her friends to the bus station, and she requested this be considered in Council's deliberations. Tamara Rosenfeld expressed thanks for the opportunity to address the City Council. Vice -Mayor Phillips indicated that Council appreciated the input. Mark Schwartz, San Rafael resident representing the West End Neighbors Against Cigarettes Cheaper (WENACC) together with the Smoke Free Coalition in Marin, stated he had learned a lot about government and community organizing since August 1999, as well as learning a lot about the law also. He indicated his resolve to limit the expansion of stores such as Cigarettes SRCC Minutes (Regular) 01/21/2003 Page 6 SRCC Minutes (Regular) 01/21/2003 Page 7 Cheaper is as strong as ever, albeit his methods and tactics had evolved somewhat. Mr. Schwartz thanked the City Council, and Councilmember Cohen in particular, for the attentiveness to this matter, also thanking staff for the excellent research. He expressed appreciation to the Planning Commission for putting forward several positive thoughts, acknowledging and crediting the support of the Technical Assistance Legal Center for their developing of language in providing a model ordinance. Mr. Schwartz urged Council to adopt the ordinance with the provisions discussed; however, he favored including the Transit Center, noting the shopping mall was an obvious inclusion. He stated it was very clear San Rafael had the authority to enact ordinances to protect the health, safety and welfare of its citizens and he hoped there also was the will to so do. Elizabeth Emerson, County of Marin Health and Human Services Program, noting the thirteen - year relationship between her office and San Rafael staff on the public education and implementation of all the tobacco control ordinances, indicated that as long as her office had resources, they were committed to assisting San Rafael with public education, implementation, merchant education and enforcement. There being no further comment from the audience, Vice -Mayor Phillips closed the public hearing. Councilmember Miller indicated his satisfaction with the ordinance as written. Noting the requests in terms of the Transit Center, he stated he would be satisfied to have the Transit Center included; however, having visited the coffee shop there this morning, he noticed approximately only ten packs of cigarettes available way up in the back. He did not anticipate any discount cigarette store going into the area. Councilmember Heller stated she had been to the Transit Center many times and had not seen much social interplay with children there. She believed they were there briefly before catching a bus, they could not smoke on a bus, and legally, she did not believe there was sufficient need to include the Transit Center. For this reason, she indicated she would vote against including the Transit Center; however, deferred to the City Attorney's office for comment. Deputy City Attorney Eric Davis believed the issue for Council was whether or not there was evidence in the record to indicate this was a location where youth would congregate in sufficient numbers to make it rational and reasonable to include the Transit Center as a prohibited area. Based on the staff presentation and comments received this evening, he deferred to the City Council to determine whether there was sufficient basis; however, he indicated there needed to be some evidence to indicate this, in fact, was an area of congregation of youth, to support Council's decision. City Attorney Gary Ragghianti stated that when only three members of the City Council were present, an affirmative vote of all three was required to pass the ordinance. Should Councilmember Heller be in opposition, Vice -Mayor Phillips indicated the item could be returned to Council at a later date for further deliberation. Councilmember Heller stated that in her reading of the staff report, she did not determine there was sufficient proof to include the Transit Center and would vote against it in favor of just including the shopping mall. In this case, Councilmember Miller stated he would vote to pass the ordinance to print without the inclusion of the Transit Center, as the major message of the ordinance was anti-smoking for youth. He favored getting this message across loud and clear as there was now an increase in smoking in youth and the detriment to the community was enormous. Vice -Mayor Phillips concurred. While very much opposed to making this product available to youth and would vote in favor of restricting it to the greatest extent possible, under the circumstances, he believed it imperative to send a message now, and if deemed necessary, it could be brought back at a later date. He, therefore, would be in favor of moving forward with any such motion. Commenting further, Councilmember Miller stated the County and City of San Rafael had passed this and expressed the hope that the advocates from the various jurisdictions throughout Marin County would be helped to do likewise. SRCC Minutes (Regular) 01/21/2003 Page 7 SRCC Minutes (Regular) 01/21/2003 Page 8 The title of the ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL AMENDING SECTIONS 14.03.030, 14.05.020, AND 14.05.022 OF THE MUNICIPAL CODE CONCERNING THE REGULATION OF SIGNIFICANT TOBACCO RETAILERS" Councilmember Miller moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1797 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Miller and Vice -Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Mayor Boro Vice -Mayor Phillips particularly thanked Tamara Rosenfeld and Jessica Levine for being in attendance this evening. COUNCILMEMBER REPORTS: 16. None. There being no further business, the City Council meeting was adjourned at 8:33 p.m. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 12003 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 01/21/2003 Page 8