HomeMy WebLinkAboutCC Minutes 2003-05-05SRCC Minutes (Regular) 05/05/2003 Pagel
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, MAY 5, 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
CLOSED SESSION — CONFERENCE ROOM 201:
None
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
Present: Albert J. Boro, Mayor
Paul M. Cohen, Councilmember
Barbara Heller, Councilmember
Cyr N. Miller, Councilmember
Absent: Gary O. Phillips, Vice -Mayor
8:00 PM
a) Community Marin: - File 264
Katherine Cuneo, resident of an unincorporated area of San Rafael for 40 years, presented copies of
"Community Marin" to the City Council, explaining it was prepared over the last two years by four of
Marin's leading environmental organizations: Marin Conservation League, Environmental Forum of
Marin, Marin Audubon Society and Sierra Club, Marin Group. She indicated she was a member of all of
these organizations and had been a Board Member, past and present, of three.
Ms. Cuneo explained that the report presents their joint recommendations on a wide range of issues for
County and City General Plans and is a "How To" guide to achieve a sustainable future through
environmentally sound land use planning.
Reporting that "Community Marin" contains 165 recommendations, Ms. Cuneo stated that a few of the
key recommendations for San Rafael include:
Environmental Quality:
• Establish a Baylands protection corridor and codify additional protections for streams and
associated riparian habitats;
• Watershed based land use planning;
• Strengthen stream and creek protection, to encompass all streams, including those that have
been channelized or otherwise altered by human intervention; and
• Protect 50 — 100 -foot buffers along stream banks even where no riparian vegetation exists.
Parks and Open Space:
• Increase funding for San Rafael's Open Space District and reduce or eliminate uses on open
space lands that would have adverse impacts or be incompatible with natural resources;
• Enhance and restore degraded habitat;
• Join other agencies in cooperative efforts at education, management and signage on open
space lands.
Housing:
• Establish and enforce limits on house size and require developers of commercial properties to
provide or fully fund an appropriate amount of below market rate housing within the county;
• Encourage infill and mixed use of spaces above parking lots, shopping centers and other
commercial centers;
• Reuse existing buildings for housing;
Economic Vitality:
• Reduce the amount of new commercial development authorized in the General Plan;
• Expand green business certification programs
• Retain businesses that supply the needs of Marin residents, but prohibit further big box retail;
Transportation:
• Integrate land use patterns with transportation facilities;
Manage growth so as not to further burden transportation facilities' limited capacity and promote
more efficient use of the existing transportation infrastructure.
Thanking the City Council for their time, Ms. Cuneo stated that additional copies of "Community Marin"
are available at the Marin Conservation League offices on Fifth Avenue, San Rafael, or it could be
downloaded from the Marin Sierra Club's website.
SRCC Minutes (Regular) 05/05/2003 Page 1
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Roger Roberts reported that the General Plan Steering Committee and Planning staff had been
provided with copies of the "Community Marin" statement. He indicated that the statement represents
a smart growth model for Marin, especially with respect to the City Centered Eastern Corridor. In
addition to Ms. Cuneo's remarks, Mr. Roberts identified (page 38), five specific recommendations on
areas of potential change within the City of San Rafael:
• North San Rafael:
The proposal is not to pursue construction of the McInnis Parkway or other expensive
engineering solutions to transportation problems, which clearly would have an adverse effect on
environmental resources in existing neighborhoods. The Community Marin group believes
there is no satisfactory engineering solution to the congestion problems of this area, and the
Northgate Shopping and adjacent area appear appropriate for residential infill and reuse;
however, the intent is not to deteriorate the area traffic wise.
• Marin Ranch Airport:
This property should either continue in its present use or be restored to wetland habitat and it is
requested that the City not remove the existing deed restriction in order to allow development of
that property.
Downtown -
There appear to be further excellent opportunities for mixed use and infill development,
particularly residential, to enhance the character of the downtown and promote its vitality, and
this seemed appropriate because it is well served by transit and other essential services.
• Canalways Area:
The current General Plan designation for development of 150,000 square feet of office space
and 250 housing units on the 85 -acre dyked historic marsh is felt to be inappropriate and should
be eliminated in view of the area's importance as a seasonal wetland and an endangered
species habitat.
• City of San Rafael and Canal Area:
Within the City of San Rafael and Canal area, the remaining undeveloped land should be
designated for relatively lower traffic and job intensity, light/industrial and service uses, rather
than office and retail. New development should take into consideration the severe traffic
constraints of that area.
Mr. Roberts stated they welcomed any questions of the organizations that generated the document and
hoped it would be useful.
b) Proposed Crematorium — Keaton's Mortuary: - File 13-1 x 10-2
Brad Sears inquired whether the City Council would be available at the Community Meeting regarding
the proposed crematorium, to be held on Wednesday, May 7, 2003. Mayor Boro explained that
Councilmembers could choose to attend; however, the City Council was not holding a meeting that
evening. He confirmed the Community Meeting was being conducted by the Bay Area Air Quality
Management District and was an information session to take testimony and discuss their process.
Mayor Boro further confirmed that Community Development Director Bob Brown would be in
attendance.
With regard to Mr. Sears' question pertaining to Council action on this matter, Mayor Boro explained
there was nothing at this point for Council to vote on. He stated that Mr. Sears was present at the last
meeting when the City Attorney explained the process the City went through; however, to Mayor Boro's
knowledge, there was nothing coming before Council at this time. As Mr. Sears again questioned
whether Council would vote this up or down, Mayor Boro reiterated that the matter had not come before
Council in the process used, nor was it appealed.
City Attorney Ragghianti explained that Assistant City Attorney Guinan had indicated that the
Administrative Permit which was issued was not appealed and the time for appeal had passed. In
addition, the time had also passed to challenge the environmental document adopted by the City;
therefore, there was nothing for this Council to act on. Mr. Ragghianti confirmed that the Use Permit
had issued and was final. The time to seek to set it aside, void or annul it had also passed.
Responding to Mr. Sears' question that should it pass the Bay Area Air Quality Management District's
(BAAQMD) standards it would go through, Mr. Brown confirmed that the Use Permit was made subject
to receipt of the BAAQMD permit, which was the last outstanding condition. As indicated at the last
meeting, he stated that the only opportunity for the City Council to participate would be if the use
begins operation and is identified to have public impacts in terms of nuisance. Should this occur,
relocation procedures would be initiated, commencing with the Planning Commission, which could be
appealed to the City Council.
SRCC Minutes (Regular) 05/05/2003 Page 2
SRCC Minutes (Regular) 05/05/2003 Page 3
Mr. Sears inquired whether BAAQMD had ever rejected an application. Responding, Mr. Brown stated
this question could be posed at the Community Meeting on Wednesday, May 7, 2003.
Mr. Sears quoted from an article in the "Funeral Monitor" dated May 5, 2003:
"With permission to operate as many as 16 hours a day, 365 days a year, protesters
take little comfort in the crematory's official cap of 1666 annual incinerations. A
Council decision on the already granted air quality permit is expected early next
month, but like most politicians .... tending to avoid responsibility for their votes, it is
possible that the City Council might try to wash its hands of the whole matter by
kicking it upstairs and suggesting State officials hold a public hearing."
Mr. Sears stated he believed this was happening here and his group did not intend to be railroaded on
the issue. He suggested evaluating legal options, which he had provided in packets to the City
Council, indicating this would be a good and honorable way out. He did not believe this to be a
humane or appropriate use of the cultural accord and personally, would prefer an "In n' out Burger."
He believed it was incumbent on the City Council, as the City of San Rafael's leaders, to vote the
issue up or down.
Mayor Boro indicated it was his understanding that being within the 300 -feet radius, Mr. Sears did
receive a notice; however, for whatever reason, chose not to attend the hearings, nor lodge a protest.
Had it come to Council in that process, he stated that perhaps it could have been voted on up or down;
however, unless there was a legal way it could be brought before Council, it would not be taken up.
Mayor Boro stated that in the event Mr. Sears or the City Attorney found a legal way the City Council
would be more than willing to entertain it.
Councilmember Miller moved and Councilmember Heller seconded, to approve the following Consent
Calendar items:
ITEM
Approval of Minutes of Regular Meeting of
Monday, April 7, 2003 and Special and Regular
Meetings of Monday, April 21, 2003 (CC)
2. Designation of Councilmember Barbara Heller as
Voting Delegate for League of California Cities
Special Meeting on Thursday, May 15, 2003 at
the Sacramento Community Center Theatre
(CC) — File 9-11-1 x 9-1
3. Call for Applications for Appointment to Fill One
Four-year Term on the Design Review Board,
Due to Expiration of Term of Brent Dickens —
Term to Expire End of June, 2007 (CC) —
File 9-2-39
4. Call for Applications for Appointments to Fill Two
Four-year Terms on the San Rafael Planning
Commission, Due to Expiration of Terms of
James Atchison and Jeff Kirchmann — Terms to
Expire End of June, 2007 (CC) — File 9-2-6
RECOMMENDED ACTION
Minutes approved as submitted.
Approved Councilmember Heller as
voting delegate for the League of
California Cities Special Meeting
scheduled for Thursday, May 15,
2003, at the Sacramento Community
Center Theatre.
Aaaroved staff recommendation:
a) Called for applications for
appointment to fill one, four year
term on the Design Review Board
with term to expire end of June,
2007;
b) Set deadline for receipt of
applications for Tuesday, May 27,
2003, at 12 Noon in the City
Clerk's Office, Room 209; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
Monday, June 2, 2003,
commencing at 6:00 p.m.
Aaaroved staff recommendation:
a) Called for applications to fill two,
four-year terms on the Planning
Commission, with terms to expire
end of June, 2007;
b) Set deadline for receipt of
applications for Tuesday, May 27,
2003 at 12:00 Noon in the City
Clerk's Office, Room 209, City
Hall; and
c) Set date for interviews of
applicants at a Special City
Council meeting to be held on
SRCC Minutes (Regular) 05/05/2003 Page 3
SRCC Minutes (Regular) 05/05/2003 Page 4
Monday, June 2, 2003,
commencing at 6:00 p.m.
5.
SECOND READING AND FINAL ADOPTION OF
Approved final adoption of
ORDINANCE NO. 1801 — An Ordinance of the
Ordinance No. 1801.
City of San Rafael Rezoning Certain Real
Property from Planned Development (PD) District
to a Revised PD District (ZCO2-04) to Allow the
Construction of 14 Two -Bedroom Apartments on
a Vacant 0.92 -Acre Site Located at the End of
North Avenue (McInnis Park Apartments IIB) and
Incorporating the Previously Approved PD
District Zoning for McInnis Park Apartments I and
II Into the New PD District (APNs: 155 -370 -
Parcel B, 155-370-07 and 08, and 155-251-54)
(CD) — File 5-1-290 x 10-3 x 10-7
6.
Summary of Legislation Affecting San Rafael
Accepted report and approved staff
(CM) —File 116 x 9-1
recommendation:
AB 1160 Housing. Second Units —
Assembly Member Steinberg -
OPPOSE
AB 218 Local Planning. Housing
Elements — Assembly Member
Simitian — SUPPORT
7.
Approval of Proposal to Recruit a Fire Chief for
RESOLUTION NO. 11300 —
the City of San Rafael (CM) —
RESOLUTION APPROVING THE
File 4-3-422 x 9-3-31
PROPOSAL AND AUTHORIZING THE
CITY MANAGER TO EXECUTE A
CONTRACT WITH HUGHES, PERRY
& ASSOCIATES FOR CONSULTING
SERVICES CONCERNING THE
RECRUITMENT OF A FIRE CHIEF
FOR THE CITY OF SAN RAFAEL
8.
Resolution of Appreciation Accepting the
RESOLUTION NO. 11301 —
Recommendation of the San Rafael Park and
RESOLUTION OF APPRECIATION TO
Recreation Commission to Rename Shoreline
JEAN STARKWEATHER AND
Park to "The Jean and John Starkweather
RENAMING SHORELINE PARK TO
Shoreline Park" (CS) —
"THE JEAN AND JOHN
File 12-5 x 102 x 9-3-66 x 9-2-4
STARKWEATHER SHORELINE
PARK"
9.
Monthly Investment Report for Month Ending
Accepted Monthly Investment Report
March, 2003 (MS) — File 8-18 x 8-9
for month ending March, 2003, as
presented.
10.
Resolution Approving Final Map of Redwood
RESOLUTION NO. 11302 -
Village, APNs 179-131-01 and 179-142-30 (PW)
RESOLUTION APPROVING THE
—File 5-1-347
SUBDIVISION IMPROVEMENT
AGREEMENT AND FINAL MAP OF
THE SUBDIVISION ENTITLED "MAP
OF REDWOOD VILLAGE"
11.
Resolution Authorizing the Signing of a Below
RESOLUTION NO. 11303 —
Market Rate Housing Agreement With Chapel
RESOLUTION APPROVING A BELOW
Cove Partners, LLC (RA) —
MARKET RATE HOUSING
File 229 x 5-1-342 x 13-16
AGREEMENT AMONG CHAPEL
COVE PARTNERS, LLC, THE
HOUSING AUTHORITY OF THE
COUNTY OF MARIN AND THE CITY
OF SAN RAFAEL IN CONNECTION
WITH THE CHAPEL COVE
DEVELOPMENT AND AUTHORIZING
THE MAYOR AND CITY CLERK TO
EXECUTE SAID AGREEMENT
SRCC Minutes (Regular) 05/05/2003 Page 4
12. Resolution Authorizing the Signing of a Below
Market Rate Rental Housing Agreement Between
McInnis Housing Partners and the City of San
Rafael Re: McInnis IIB Apartments (RA) —
File 229 x 5-1-290
SRCC Minutes (Regular) 05/05/2003 Page 5
RESOLUTION NO. 11304 —
RESOLUTION AUTHORIZING THE
SIGNING OF A BELOW MARKET
RATE RENTAL HOUSING
AGREEMENT BETWEEN MCINNIS
HOUSING PARTNERS AND THE CITY
OF SAN RAFAEL RE: MCINNIS IIB
APARTMENTS
AYES: COUNCILMEMBERS: Cohen, Heller, Miller and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Phillips
ABSTAINING: COUNCILMEMBERS: Cohen (from minutes of 4/7/03 only, due to absence from
meeting.)
SPECIAL PRESENTATION:
13. SPECIAL PRESENTATION OF RESOLUTION OF APPRECIATION RENAMING SHORELINE
PARK TO "THE JEAN AND JOHN STARKWEATHER SHORELINE PARK" —
FILE 102 x 12-5 x 9-3-66 x 9-2-4
Mayor Boro invited Mrs. Jean Starkweather and her son Stephen, Community Services Director
Carlene McCart and members of the Park and Recreation Commission to join him and
Councilmembers Cohen, Heller and Miller at the podium.
Stating this was a proud night, Mayor Boro indicated that all knew Jean well and had the
privilege and pleasure of working with her late husband, John, who was missed very much. In
addition to the Resolution of Appreciation this evening, he indicated it was also planned to erect
a plaque this summer, bearing Jean and John's names, officially dedicating the path.
Mayor Boro stated this was a Resolution of Appreciation to Jean Starkweather renaming
Shoreline Park to "The Jean and John Starkweather Shoreline Park." He quoted:
"The City Council of San Rafael resolves as follows:
"WHEREAS , most San Rafael City parks are named for neighborhoods which
they serve — Gerstle, Sun Valley, Terra Linda, Peacock, Santa Margarita; some
for location — Beach, Shoreline; others are named for the benefactors that gifted
the land for public use — Albert, Freitas, Boyd, and some recognize those who
contributed to certain parks - Barbier, Victor Jones, Schoen, Munson; and
WHEREAS, there is one park in the San Rafael system that is the recipient of
extraordinary commitment to preservation and improvement on behalf of two, 50 -
year residents, Jean and John Starkweather; and
WHEREAS, the Starkweathers were instrumental in every phase of preservation
of the San Rafael shoreline, from campaigning to save the land, to forging a
development plan that moves in feasible increments, to spearheading fundraising
and partnerships for the development of each public segment of Shoreline Park;
and
WHEREAS, the Starkweathers for many years have led hikers to the water's
edge, organized volunteers in clean up projects, and been catalysts for volunteer
bird and wildlife counts; and
WHEREAS, from restoring natural wildlife habitat to installing landscape, bike
trails and benches, the energy and dedication of Jean and John Starkweather
have provided San Rafael with a bay front park of major Bay Area significance;
and
WHEREAS, by unanimous vote, the San Rafael Park and Recreation
Commission recommends to the City Council that the heretofore named
Shoreline Park be renamed the "Jean and John Starkweather Shoreline Park" to
commemorate Jean and John's invaluable foresight, diligence and untiring efforts
as the guardian angels of parks, wildlife habitat and open space in and around
the City of San Rafael, in facilitating the creation, development, maintenance and
preservation of such invaluable lands in perpetuity for the enjoyment of present
and future generations of residents of the City of San Rafael and of the County of
Marin.
SRCC Minutes (Regular) 05/05/2003 Page 5
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NOW THEREFORE BE IT RESOLVED THAT THIS COUNCIL APPRECIATES
THE CONTRIBUTIONS OF JEAN AND JOHN STARKWEATHER AND
ACCEPTS THE RECOMMENDATION OF THE PARK AND RECREATION
COMMISSION TO RENAME SHORELINE PARK "THE JEAN AND JOHN
STARKWEATHER SHORELINE PARK."
Jean Starkweather thanked the City Council, Park and Recreation Commission members, and
staff and stated that everyone had a part in the park, as whatever the project, it takes a lot of
help.
Ms. Starkweather reported that she discovered this shoreline when she was on the Citizens
Advisory Committee for the General Plan in 1972 when as part of that group, it was decided to
investigate every corner of San Rafael. She noted there were no houses there at that time,
rather streets and street trees from a failed housing development. There was a long levee with
a trail down the middle full of fennel, with more filling the farther south one got. She recalled
ponds on both sides of the now Highway 580 towards the Bridge, and lots of egrets in the
spring.
As these ponds and wetlands were going, Ms. Starkweather stated she began collecting bird
lists from those who had looked at birds out there, and they initiated efforts to preserve the land.
A former plan contained a freeway along the levee, which would have wiped out not only the
San Rafael Shoreline Park to be, but also China Camp State Park. At the time, Ms.
Starkweather found that the plans were to build out to the high tide land; therefore, this was a
treasure which should be worked on to save for people to appreciate.
Comparing an 1897 map with a present one, she reported that the San Rafael Basin had been
filled in over the years. She recalled when they moved to San Rafael there was a line of
businesses along East Francisco down to Bellam almost, and everything beyond was marsh.
Gradually it had been filled in, which changed the Basin for flood control, water recharge and
wildlife. She reported having had a drawing done and measured, indicating that over 1,100
acres of marsh had been lost south of the San Rafael canal in the last hundred years.
Ms. Starkweather stated her theory as to why there is so much wildlife richness in the remaining
ponds and wetlands is that they used to live in this whole basin and have been squeezed out to
the Bay and all they have left are the ponds along the shoreline. People are now able to walk
the shoreline and pieces of the new trail and observe what remains of these ponds.
Ms. Starkweather stated that as all were aware, there are a few places remaining to preserve
and they are really important for wildlife because different species have different requirements.
She explained that some need very shallow water, some need deep water, some fresh water,
some salt water, some can tolerate in between water, and these are available, which is another
reason for the richness of wildlife along the shoreline.
When the Water Management Plan was being done for the lagoon and Spinnaker wetland, Ms.
Starkweather stated they volunteered to do the bird census part of it, whereas the biologist did
the water quality and hunts for the elusive mouse. Regular monitoring was commenced and for
the past twelve years, a monthly bird census of the ponds and wetlands has been carried out
along the shoreline, and as improvements have been done to restore these marshes, new birds
have appeared, others have returned and it is wonderful to see the richness.
Ms. Starkweather stated they are attempting to preserve the diversity and make the shoreline
better and nicer for people. She reported it is approximately two and a half miles and invited
anyone who has not walked it to do so.
Ms. Starkweather stated she appreciated the award, reporting that her husband John, was with
her all the way as they worked on trying to figure out how to preserve the shoreline, and it was
wonderful to have both their names on it.
Park and Recreation Commissioner Armando Quintero stated he intended to read the letter the
Commission sent to Mayor Boro and Councilmembers; however, much of that letter was
incorporated in the resolution and they were joyous this was able to happen, adding they all had
tremendous respect for the work Jean had done.
Mayor Boro stated the City Council meeting would pause for approximately ten minutes to enjoy
cake and coffee in the lobby in celebration.
Mayor Boro resumed the City Council meeting.
SRCC Minutes (Regular) 05/05/2003 Page 6
SRCC Minutes (Regular) 05/05/2003 Page 7
PUBLIC HEARING:
14. Public Hearing —
RE 250 PT. SAN PEDRO ROAD (MARIN BEACH AND TENNIS CLUB); CONSIDERATION
OF RESOLUTION DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION
TO DENY AN APPEAL AND UPHOLD THE ZONING ADMINISTRATOR'S DECISION TO
APPROVE AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT AND USE PERMIT FOR
THE INSTALLATION OF A NEW WIRELESS COMMUNICATION FACILITY ENCLOSED
INSIDE A NEW MOCK CHIMNEY ON THE ROOF OF AN EXISTING BUILDING AND THE
INSTALLATION OF ASSOCIATED EQUIPMENT WITHIN A FENCED AREA ON THE SIDE
OF THE EXISTING BUILDING; APN: 009-031-09; MARINE COMMERCIAL — CANAL
OVERLAY (MC -C) DISTRICT; IVALDO LENCI, ET AL., APPELLANT; MARIN YACHT CLUB,
OWNER; CHAD ABBOTT, WIRELESS FACILITIES, INC. REPRESENTING CINGULAR
WIRELESS, APPLICANT. FILE NOS.: ED02-089 AND UP02-065 (CD) —
FILE 10-5 x 10-7 x 10-2
Mayor Boro declared the public hearing opened, and for the record, stated he would recuse
himself from this item as he owned stock in Cingular Wireless and would have a potential
conflict of interest. He indicated that Councilmember Cohen would preside over the meeting
from this point, and Mayor Boro left the Council Chamber.
Associate Planner Raffi Boloyan stated this was a new wireless communication facility,
consisting of three panel antennas, located in a new stealth chimney on top of the Marin Beach
and Tennis Club building off Point San Pedro Road. He indicated that following a review and
recommendation for approval by the Design Review Board, this project was approved by the
Zoning Administrator in November, 2002. That decision was appealed to the Planning
Commission and on a 5:0 vote with two members absent, the Planning Commission denied the
appeal and upheld the Zoning Administrator's decision to approve the project. Mr. Boloyan
stated that the staff report presented all the appeal points prepared by the appellant, including a
detailed response to each.
Explaining that the main focus of the appeal is concern with the environmental and health
effects associated with RF (Radio Frequency) exposure, Mr. Boloyan stated he would provide a
brief update of the City's role in reviewing these applications and the City's discretion in these
types of applications.
Mr. Boloyan reported that in 1996, the Federal Government established the Federal
Telecommunications Act, which established and tested maximum RF exposure limits. The
limits were designed to protect the public's health and safety with a maximum amount of safety
and were reviewed and endorsed by numerous federal agencies, and in recent years, there had
been case law upholding the Federal Telecommunications Act.
He indicated the applicable section of the Act states that:
"The Federal Telecommunications Act preserves the local agency's
authority to regulate the siting and construction of personal wireless
communication facilities, subject to certain limitations."
Mr. Boloyan stated that one specific limitation prohibits a local agency from regulating the
placement or construction of a personal wireless communications facility on the basis of
environmental effects associated with RF emissions if those emissions are within the applicable
limits. He indicated that therefore, the City's role in this is to ensure compliance with the FCC
(Federal Communications Commission) limits for exposure.
Mr. Boloyan noted that for these types of applications the City requires an RF study to be
prepared and submitted by a licensed engineer to document the exposure. He reported that an
RF study was prepared for this project by a licensed engineer, which identified that the fuel
strength both inside and around the subject site would be within 2% of the allowable maximum
public exposure limit. Based on this, Mr. Boloyan stated the City is preempted from denying a
permit based solely on the environmental effects.
Prior to the Zoning Administrator hearing, Mr. Boloyan stated there was some concern about
the RF exposure further down the street and at different sites around this property; therefore,
the applicant actually conducted fourteen additional readings up and down Summit, and as low
as Point San Pedro Road, to document the RF exposure at those areas from a proposed
possible installation at 250 Point San Pedro Road. He indicated that the result confirmed the
exposure would still be well below the 2% applicable public exposure limit.
Mr. Boloyan reported that as a condition of approval, the Zoning Administrator also included a
condition requiring that 20 days after the antenna is installed, a further test be conducted to
SRCC Minutes (Regular) 05/05/2003 Page 7
SRCC Minutes (Regular) 05/05/2003 Page 8
verify the "as built" exposure and how it compared to that predicted through the studies
Mr. Boloyan stated the appellant, together with the project applicant and project engineer were
present and could answer questions.
Councilmember Miller thanked Mr. Boloyan for his report and stated it compared very much with
the instructions given when considering the MERA (Marin Emergency Radio Authority) antenna.
Councilmember Heller noted there had been some court cases that upheld the federal
standards and these were well set in law since 1996.
Acting Mayor Cohen explained to Mr. Ivaldo Lenci that being an appellant, he would be afforded
the opportunity of speaking first. While normally speakers are given approximately five minutes,
he informed Mr. Lenci he would be permitted ten to fifteen minutes. Acting Mayor Cohen stated
the City Council had read all Mr. Lenci's materials, including his appeal, the minutes of the
Planning Commission meeting, appeal, testimony and supporting materials supplied. In
addition, he noted several other people listed on the appeal and inquired whether any of these
people intended to speak.
Mr. Lenci stated he assumed they wished to speak; however, he requested they donate their
time to him.
Acting Mayor Cohen indicated the rules did not work that way and should those people wish to
speak, he would not count their time within the ten to fifteen minutes allotted to Mr. Lenci.
Acting Mayor Cohen specified that Mr. Lenci should use his time to provide information to the
City Council on the appeal and not on other issues. Should Mr. Lenci have questions for staff,
they should be asked and staff would be requested to respond at the end of the presentation.
Mr. Lenci indicated his question was part of the appeal, explaining he requested information
from staff on the court cases, as the only lawsuit he was aware of was where an injunction was
placed to stop the antenna; however, this information was not provided. Mr. Lenci also
questioned why no copies of his appeal were placed in the lobby. Acting Mayor Cohen stated it
was the City's practice to place copies of the staff report in the lobby. The City Clerk then made
these available.
Mr. Lenci reported that his family came to the San Francisco area in 1875 and he presented
pictures of their store in San Francisco in 1904 to Councilmembers. He indicated that when he
came to this country in 1963 he purchased the land where he built his present home.
Mr. Lenci played an excerpt of a tape featuring John Bernt.
Mr. Lenci indicated he would show where the expert for Cingular Wireless indicates he is not an
expert.
Objecting to the use of the words "would be" in the resolution, indicating this should read "shall
be," meaning mandatory, Mr. Lenci stated that in his opinion, to sign the resolution in its present
form was breaking the law. He indicated he would uphold the law to its fullest extent through
the legal system.
Acting Mayor Cohen stated that normally when providing testimony at a public hearing,
speakers are requested to identify themselves for the record. As Mr. Lenci was now playing a
second tape featuring a recording of an unidentified voice, he requested Mr. Lenci identify the
speaker on the first tape. Mr. Lenci identified the speaker as John Bernt.
Mr. Lenci indicated he intended to play extracts from a further tape of the Planning Commission
hearing appealing this item.
Acting Mayor Cohen stated the minutes of this meeting were available; however, Mr. Lenci
indicated the minutes did not reflect what was actually stated.
In the interim, Mr. Lenci referred to a letter sent to the City from neighbor Don Frier, indicating
his belief that the antenna would not cause any problems. On Mr. Lenci's comment that Mr.
Frier had put rocks in front of his house, Acting Mayor Cohen stated Mr. Lenci was approaching
being out of order. He explained this was a publicly noticed hearing to hear Mr. Lenci's appeal
of the Planning Commission's denial of his appeal of the Zoning Administrator's approval of the
installation of a wireless antenna and had nothing to do with placement of rip rap, neither was it
a court where Mr. Lenci had to make his case by imputing the testimony of other witnesses.
The issue concerning rock was not on this evening's agenda and was not in order.
SRCC Minutes (Regular) 05/05/2003 Page 8
SRCC Minutes (Regular) 05/05/2003 Page 9
In writing the letter Mr. Lenci stated Mr. Frier had opened the legal door and he needed to
dispute Mr. Frier's credibility.
Acting Mayor Cohen reiterated that this was not a court of law and issues not on tonight's
agenda would not be heard. Indicating he would count this against Mr. Lenci's time, Acting
Mayor Cohen stated that should Mr. Lenci wish to use his time on something not pertaining to
the appeal, he would, however, keep him to the allotted fifteen minutes.
In the event someone stated something that involved his living, Mr. Lenci stated he should have
the right to defend himself. He noted one of the appellants was not present this evening, as his
wife had breast cancer.
Mr. Lenci played extracts from a tape of the Planning Commission hearing, featuring Associate
Planner Raffi Boloyan who used the name Doctor Donald Frier.
Commenting on the term Doctor, Mr. Lenci indicated Mr. Frier was a dentist, which was
misleading. He inquired whether Acting Mayor Cohen was denying him his constitutional right
to proceed legally.
Acting Mayor Cohen explained that Mr. Lenci had gone considerably over the allotted fifteen
minutes and indicating he would permit a couple of minutes to wrap it up, he advised Mr. Lenci
to confine his remarks to the issues upon which he appealed this decision. Mr. Lenci stated it
appeared, therefore, the issue would go to Federal Court.
Regarding the Letter of Authorization, Mr. Lenci indicated he had been unable to verify whether
Gary Bennett had signed it.
Playing a further extract from a tape, Mr. Lenci identified the speaker as the person who
indicated he was not an expert; however, was the person who gave the expert testimony. He
stated it was simple to have an environmental expert testify to ensure neighbors had peace of
mind. Mr. Lenci stated the antennas would be placed in a flood area and the batteries would be
by the water on the ground.
Acting Mayor Cohen stated these points had been raised in Mr. Lenci's appeal letter and he
had noted some points. As he had given Mr. Lenci considerable benefit of the doubt in terms of
the allotted fifteen minutes, he indicated he would give him one more minute to conclude. On
the question of whether Mr. Lenci should have time for a rebuttal, Acting Mayor Cohen stated
he was informed at the outset he would be allowed fifteen minutes to make his case; however,
Mr. Lenci had chosen to play tapes, using some of this time; therefore, he reiterated he would
permit him a further one minute to conclude his presentation.
Mr. Lenci stated that Section 15300.2 specifically states that exemptions cannot be given when
hazardous material is involved. In the installation of three antennas, batteries, etc., he indicated
this did not count.
Ken Royal reported having recently relocated to the area from Mill Valley with his wife and four
month old son and believed he owed it to his son to speak up on their behalf. He stated he did
not really understand the proceedings; however, hoped it would give neighbors an opportunity
to prevent the installation of the antenna in the proposed area.
Mr. Royal indicated he had a handout from Diamond Service, the company who conducted the
survey, and referred to an equation which he did not understand.
He noted his neighbor (Mr. Lenci) attempting to present the situation, very emotionally and
upset, which was difficult to do against a professional presenting very eloquently under City
guidelines. Regarding the statement of less than 2% radio frequency emissions, Mr. Royal
stated he was present this evening to see whether he could be convinced that the proposed
installation across from his property at 105 Summit would help to promote the value of his
property. From his understanding, however, he believed there would be no value increase to
his property, rather there would be a decline in value, which was of concern to him. Mr. Royal
stated he deemed any exposure negative.
Regarding the very respectable Marin Yacht Club and having grown up in boating, Mr. Royal
hoped they would pursue being a good neighbor and understand their neighbors' viewpoints.
He stated this was big business versus neighbors and he suggested Councilmembers look
across their streets, imagine a radio antenna and wonder whether it was doing any harm, or
causing any cancers or ailments. He indicated that even with 2% or less, it was still exposure
and was of concern regarding health and value of the property they had worked to procure. Mr.
Royal indicated he wished it to be known he was very much against the proposal, along with
the other neighbors listed, and believed there was a better way to do this.
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Tim Holmes stated he was a neighbor of Mr. Lenci and Mr. Royal and reflected a similar
perspective to Mr. Royal in that he had a young family. Having reviewed all the documentation
he stated there were some issues he did not understand and would feel more comfortable
knowing these points were taken into consideration.
Firstly, Mr. Holmes stated that the FCC in their guidelines pointed out that these base stations
are normally 50 — 200 feet above ground; the chimney location is not nearly that high. Also,
when in close proximity, workers were required to be trained in RF frequency procedures to
minimize their exposure. He reported having been in the United States Navy, working amongst
antennas and monitoring radiation as it was dangerous to the person.
Mr. Holmes noted there are large power lines going over that area, and other antennas close
by. He reported also a large amount of radar attributed to the sail boats and yachts, all of which
cumulatively worried him. He questioned whether the study was carried out in a scientific
manner. While he believed the readings were taken accurately at that time, and not having
reviewed them he could not account for them; however, he hoped they were conducted in a
scientific manner and the studies would be made available to make that assertion.
Lastly, Mr. Holmes stated the location appeared unusual in that it was very close to the
residential area where a lot of these are normally placed on power lines. He commented that
his wife refused to buy a home underneath such power lines. He was concerned for the safety
of young children who were more receptive as they were growing and whose bodies were more
likely to be harmed by such things.
Indicating he was not aware of the situation until recently, Mr. Holmes stated he was glad Mr.
Lenci brought it to his attention. He hoped there was something he could look to to understand
and ensure he was comfortable this was the correct decision.
Doctor Frier, 5 Marina Way, referred to the letter he had written and believed Mr. Lenci had
taken it out of context in that he is licensed through the FCC (Federal Communications
Commission) as an amateur radio operator and also possesses a State of California radiation
license. Doctor Frier stated he lives with radiation concerns daily and had no problem with this
particular non -ionizing radiation, indicating he lived across the canal from Mr. Lenci and is just
as close.
Chad Abbot, representing Cingular Wireless, stated Mr. Boloyan had done a sufficient job in
describing the project and both he and Mr. Matt Runte, Project Engineer, were available to
answer questions.
John Somer, 41 Summit Avenue, stated he had no objection to the antenna.
Gayle Lenci, 15 Summit Avenue, stated she had a great objection to the antenna. She believed
it would be dangerous to children, the radiation would come towards her head as it comes into
her kitchen window. Ms. Lenci stated she lives closer to the antenna than others and would
appreciate if life were taken into consideration. She indicated there is a co -mingling of business
with money ventures and life, and hoped life would be put first.
Jeff Woodhead, Montecito Road resident, inquired of the Cingular representative as to how
many cellular relays they had installed on a yacht club previously. He explained that those
within a quarter mile radius of the proposed station had not had a lot of notification and they
would appreciate hearing in "layman's language" the cumulative effects and impact on
residents of this type of station. Mr. Woodhead stated he understood that Councilmembers had
no legal proceeding to contest this; however, residents were looking to them to take care of
them.
There being no further comment from the audience, Acting Mayor Cohen closed the public
hearing.
Councilmember Heller noted that one of the statements made was to the effect that people
could touch the antennas. Mr. Abbot, Cingular representative, responded in the negative. He
explained that the antennas would be attached to the western wing of the building, within a faux
chimney on the backside, and only operations people would have access.
Acting Mayor Cohen inquired whether staff heard anything in this evening's testimony they
wished to respond to.
Community Development Director Bob Brown stated that obviously, there was a great deal of
interest in the topic and the City has been through these applications previously. In reality, he
stated there were quite a number of cellular antennas that are in the residential/commercial
interface and as was pointed out, this was the intent of the U.S. Congress in passing the
Telecommunications Act. He explained they wanted to facilitate the creation of wireless
SRCC Minutes (Regular) 05/05/2003 Page 10
SRCC Minutes (Regular) 05/05/2003 Page 11
communication networks, which is why they established standards. In fact, their standards are
very conservative, they come from the scientific community and that is why they specifically
precluded local government from adopting their own standards or from denying these
applications based upon strictly health concerns. Mr. Brown stated the U.S. Congress is
intending to promote this technology and is taking these decisions out of the local arena.
In terms of the science, Mr. Brown stated the speaker familiar with navy installations said it
best, i.e., the further one is away from the antenna, the amount of electromagnetic radiation
drops off radically and is an exponential decrease, which is why there is more concern about
workers who are immediately in front of these antennas than five, ten or fifteen feet away, when
the curve of the energy drops off very significantly. He explained this is why even with very
conservative federal standards, it was found that in getting beyond typically the property plane
where the antenna is to be located, one is getting into 1 or 2% of the federal standards. He
indicated that is a cumulative analysis and not merely this antenna. As an example, Mr. Brown
stated that to take readings in the Council Chamber, it would be found everyone was being
subjected to electromagnetic frequencies, i.e., broadcast radio, television, wireless devices, and
as staff had learned, the use of a cellphone next to the head is a much more concentrated
source of power than could be received from an offsite antenna.
Mr. Brown stated the Federal Government had essentially taken this authority away from local
government to promote this technology.
Acting Mayor Cohen invited comment from the gentleman who conducted the testing. For the
record he stated an excerpt of something was played which he gathered to be a tape of Mr.
Runte stating he was not an expert in environmental effects, and for clarification, he inquired
whether Mr. Runte considered himself an expert in measuring the frequency generated by
cellular radio antennas and other like-minded devices.
Matt Runte stated he considered himself an expert in measuring, performing calculations and
providing reports. He did not consider himself a health expert.
Acting Mayor Cohen stated there had been several questions about the issue of the cumulative
impact of location of the high tension wires, other antennas installed in the immediate area or
on the yacht club, combined with the potential for radar emissions, and then this additional
antenna. He indicated it appeared to him in reading the report that Mr. Runte attempted to
measure those impacts, and requested verification.
Responding, Mr. Runte reported he was requested to go around the neighborhood and
measure the existing levels, and assuming the sites were approved, he would return and
measure the change. He reported having done something similar in Mill Valley last week and
noticed no difference at the houses which were only a couple of hundred feet from the site.
Acting Mayor Cohen requested confirmation that the cumulative impact would be 2% of the
federal standards. Mr. Runte stated the calculation in the report is from the FCC website and
that doubles the predicted level. Typically, he stated that on going out to measure afterwards,
he finds it changes by approximately .1 % or .2%, and the further away from the antennas,
drops off very rapidly. He indicated that the general public could be directly in front of one of
these antennas at a distance of fifteen feet and not exceed the level, and this is borne out when
he goes out to measure sites. Mr. Runte stated the actual distance from the antenna for the
general public is a few feet.
Acting Mayor Cohen noted a couple of comments in the appeal concerning the status of the
permit and some confusion regarding the owner of the property, and he requested some
clarification from staff.
Raffi Boloyan, Associate Planner, explained that when the application was originally received,
the applicant, Cingular Wireless, had identified the property owner as Marin Beach and Tennis
Club, which is the actual tenant of the property and this information was written on the City's
general application form. Mr. Boloyan reported that during the completeness review, this error
was detected and the applicant was requested to provide a Letter of Authorization from Marin
Yacht Club, the property owner. Since these are property based permits, it was necessary for
the property owner to acknowledge that Cingular was applying on their behalf.
Mr. Boloyan reported that the Letter of Authorization was received; however, the general
application form was never corrected. Pursuant to the approval, in mailing the letter to the
applicant, the Permit Clerk used the general application form and the mail went to the wrong
property owner. Mr. Boloyan indicated he corrected this to reflect the current property owner
and explained that error did not bear any impact on the process, rather was a misidentification
of the name.
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Regarding the appellant's issue concerning the difference between "would" versus "shall",
Acting Mayor Cohen inquired whether the City Attorney's office was comfortable with the
enforceability of the language contained in the resolution, to which Assistant City Attorney
Guinan responded affirmatively.
Councilmember Miller stated he did not find any testimony disputing the basic premise that the
antenna operates at 2% of the maximum exposure limits established for safe exposure to RF
emissions as regulated by the FCC. Therefore, he stated he would accept the staff report and
would be happy to vote for denial of the appeal.
Councilmember Heller stated she was walking the neighborhood today and commented that it
was beautiful. She indicated that the information is sometimes confusing and difficult; however,
she would vote to deny the appeal. She believed the RF ratings fell within the standards
established by the federal government and as was stated, the City could not deny this project
solely on RF emissions and safety concerns. In reading the appeal and all of the information,
Councilmember Heller stated she did not see any information other than the health questions
Mr. Lenci had that would make her vote not to deny the appeal.
Acting Mayor Cohen noted a couple of the speakers referred to the question of whether or not it
was too late, and on these issues, he believed it was too late. However, what was too late was
not the City's process or willingness to hear concerns or act on them within the confines of the
law, rather what was too late was that in 1996, the President signed a law preempting the City's
ability to regulate these types of installations on health issues. Therefore, the City's hands were
effectively tied when it came to an installation falling within the limits established by the FCC.
Acting Mayor Cohen stated it was his understanding from the expert testimony provided that
this installation would produce no more than, and probably less cumulatively with the other
issues there, 2% of the accepted federal standard. He stated that even to take issue with the
federal standard, this installation was far below that; however, the law is that even to be at 50%
of that, the City would have no authority to deny the permit on that basis alone. Acting Mayor
Cohen stated that unless there was expert testimony disputing that, which had not been heard
at any point in the appeal process, or there was some other issue concerning the use, the City's
hands were tied back in 1996, and to that extent, it was too late a while ago.
Councilmember Miller moved and Councilmember Heller seconded, to adopt the resolution.
RESOLUTION NO. 11305 — RESOLUTION DENYING AN APPEAL OF THE PLANNING
COMMISSION'S DECISION TO UPHOLD THE ZONING
ADMINISTRATOR'S APPROVAL OF AN ENVIRONMENTAL
AND DESIGN REVIEW PERMIT (ED02-089) AND USE PERMIT
(UP02-065) FOR THE INSTALLATION OF A NEW WIRELESS
COMMUNICATION FACILITY ENCLOSED INSIDE A NEW
MOCK CHIMNEY ON THE ROOF OF AN EXISTING BUILDING
AND THE INSTALLATION OF ASSOCIATED EQUIPMENT
WITHIN A FENCED AREA ON THE SIDE OF THE EXISTING
BUILDING AT 250 POINT SAN PEDRO ROAD (APN: 009-031-
09)
AYES:
COUNCILMEMBERS: Heller, Miller, and Acting Mayor Cohen
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: Phillips
ABSENT/
COUNCILMEMBERS: Mayor Boro, (due to conflict of interest.)
DISQUALIFIED
COUNCILMEMBER REPORTS:
15. a) Congestion Management Agency: - File 170 x 191
On behalf of Mayor Boro, City Manager Rod Gould reported that after the Congestion
Management Agency had voted to create the sub -regional efforts to develop public input
and support for the sales tax measure and obtain ideas for the local return projects, it was
decided that Central Marin (mainly San Rafael area) would have fifteen representatives. Of
those, seven would be appointed by the Board of Supervisors and eight by the City Council.
Mr. Gould stated Mayor Boro's recommendation was that he and Councilmember Cohen
seek applications or interest in serving on this committee, interview applicants and make
recommendations to the remainder of the City Council to appoint the eight San Rafael
representatives to the sub -regional committee, and he wished to ensure this was
acceptable.
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SRCC Minutes (Regular) 05/05/2003 Pagel 3
Councilmember Heller reported she attended that meeting and noted the timeline is very
short. She stated that Supervisors Brown and Kinsey each receive two appointments and
Supervisor Adams would have three, with the balance going to the City to form a committee.
There being no further business, Acting Mayor Cohen adjourned the City Council meeting at 9:50 p.m.
JEANNE M. LEONCINI, City Clerk
APPROVED THIS DAY OF 12003
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 05/05/2003 Page 13