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
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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
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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
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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
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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.
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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
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