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HomeMy WebLinkAboutCC Minutes 2007-07-02SRCC Minutes (Regular) 07/02/2007 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, JULY 2. 2007 AT 8:00 P.M. Regular Meeting: San Rafael City Council Also Present: Ken Nordhoff, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION — COUNCIL CHAMBER — 10:55 PM Mayor Boro announced Closed Session item. Present: Albert J. Boro, Mayor Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None CLOSED SESSION — CONFERENCE ROOM 201 - 10:55 PM Public Employment — Government Code Section 54957(b)(1) Title: Fire Chief Mayor Boro announced at 11:32 p.m. that no reportable action was taken. INTRODUCTION OF NEW EMPLOYEES: 8:22 PM Finance Director Cindy Mosser introduced two new employees in the Finance Department: Shannon Rasmussen, Accounting Assistant I and Joyce McCarthy, Accounting Assistant I. ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: Councilmember Miller moved and Councilmember Cohen seconded, to approve the Consent Calendar, as follows: ITEM Approval of Minutes of Special City Council Meeting of Monday, June 18, 2007 (CC) 2. Resolution of Appreciation for Pilgrim Park, Terra Linda (CM) —File 102 3. Resolution Approving a Contract (CPRE -7198) with the Department of Education to Provide State Preschool Services in the Amount of $171,506.00 and Authorizing the City Manager to Sign Contract Documents (CS) — File 4-10-238 X 9-3-65 4. Resolution Approving a Contract (CLTK-7046) with the Department of Education to Provide Extended Day Child Care Services in the Amount of $118,062.00 and Authorizing the City Manager to Sigh Contract Documents (CS) — File 4-10-238 X 9-3-65 RECOMMENDED ACTION Minutes approved as submitted. RESOLUTION NO. 12285 — RESOLUTION OF APPRECIATION TO PILGRIM PARK APARTMENTS RESOLUTION NO. 12286 — RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CPRE - 7198) WITH THE DEPARTMENT OF EDUCATION FOR STATE PRESCHOOL SERVICES AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $171,506.00 RESOLUTION NO. 12287 — RESOLUTION AUTHORIZING ENTERING INTO A CONTRACT (CLTK- 7046) WITH THE DEPARTMENT OF EDUCATION FOR EXTENDED DAY CHILD CARE SERVICES (LATCHKEY) AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS IN THE AMOUNT OF $118,062.00 SRCC Minutes (Regular) 07/02/2007 Page t SRCC Minutes (Regular) 07/02/2007 Page 2 5. Resolution Authorizing the Mayor to Sign a RESOLUTION NO. 12288 — Contract Between the Marin County Community RESOLUTION AUTHORIZING THE Development Agency and the City of San Rafael for MAYOR TO SIGN CONTRACT a Block Grant in the Amount of $13,450 for the DOCUMENTS WITH THE COUNTY OF 2006-2007 Fiscal Year for Child Care Staff Salaries MARIN COMMUNITY DEVELOPMENT at Pickleweed Children's Center (CS) — AGENCY FOR CHILD CARE SERVICES File 4-13-110 x 147 FOR FISCAL YEAR 2006-2007 IN THE 9. Resolution Approving Grant Contract # 07G-LA31, AMOUNT OF $13,450.00 6. Resolution Recognizing Over 11 Years of RESOLUTION NO. 12289 — Cooperative Public / Private Partnership Between RESOLUTION RECOGNIZING OVER 11 the Marin County Hazardous and Solid Waste JPA, YEARS OF COOPERATIVE the City of San Rafael, and Marin Recycling and PUBLIC/PRIVATE PARTNERSHIP Resource Recovery Association, in Reducing BETWEEN THE MARIN COUNTY Hazardous Waste in the Community (FD) — HAZARDOUS AND SOLID WASTE JPA, File 4-13-96 x 9-3-31 THE CITY OF SAN RAFAEL AND MARIN RECYCLING AND RESOURCE RECOVERY ASSOCIATION, IN REDUCING HAZARDOUS WASTE IN THE COMMUNITY 7. a) Resolution Appropriating Unappropriated a) RESOLUTION NO. 12290 — Revenues for Fiscal Year 2006-2007; and RESOLUTION APPROPRIATING b) Resolution Approving Fiscal Year 2007-08 UNAPPROPRIATED REVENUES GANN Appropriation Limit (Fin) — File 8-5 FOR FISCAL YEAR 2006-2007 b) RESOLUTION NO. 12291 — RESOLUTION APPROVING FISCAL YEAR 2007/2008 GANN APPROPRIATIONS LIMIT AT $58,867,753 8. Resolution Setting the Loch Lomond Special RESOLUTION NO. 12292 — Assessment District Tax Rates on All Taxable RESOLUTION SETTING THE SPECIAL Property Within the Community Facilities District ASSESSMENT DISTRICT TAX FOR No. 1992-1 for Fiscal Year 2007-2008 (Fin) — LOCH LOMOND #10 FOR FISCAL File 6-50 x 9-12-1 YEAR 2007-08 AT $528 PER PARCEL, EXCEPTING EXEMPT ASSESSOR PARCEL NOS. 16-330-12513,14 9. Resolution Approving Grant Contract # 07G-LA31, RESOLUTION NO. 12293 — a Department of Alcoholic Beverage Control (ABC) RESOLUTION AUTHORIZING THE SAN Assist Grant in the Amount of $88,657 for RAFAEL CHIEF OF POLICE TO Educational and Enforcement Programs Directed at EXECUTE GRANT #07G-LA31, Minors for Fiscal Year 2007-2008 (PD) — APPROVING THE USE OF THE STATE File 9-3-30 DEPARTMENT OF ALCOHOL BEVERAGE CONTROL (ABC) GRANT FUNDS IN THE AMOUNT OF $88,657 FOR EDUCATIONAL AND ENFORCEMENT PROGRAMS DIRECTED AT CURBING TEEN DRINKING DURING THE FISCAL YEAR 2007-2008 10. Bavooint Laaoons Landscaoina and Liahtina a) RESOLUTION NO. 12294 — District: (PW) — File 6-48 RESOLUTION DIRECTING FILING a) Resolution Directing the Filing of Engineers OF ENGINEER'S ANNUAL Annual Report REPORT — BAYPOINT LAGOONS b) Engineers Annual Report 2007-2008: This to LANDSCAPING AND LIGHTING be Filed DISTRICT (Pursuant to the c) Resolution Approving Engineers Annual Report Landscaping and Lighting Act of d) Resolution of Intention to Order Improvements 1972) (and Setting Public Hearing for Meeting of July 16, 2007) b) ENGINEER'S ANNUAL REPORT 2007-2008 - FILED c) RESOLUTION NO. 12295 — RESOLUTION APPROVING ENGINEER'S ANNUAL REPORT — BAYPOINT LAGOONS LANDSCAPING AND LIGHTING SRCC Minutes (Regular) 07/02/2007 Page 2 11. Resolution Approving Execution and Implementation by the City of San Rafael of a Consent and Agreement Relating to the Development Agreement Between the City of San Rafael and Hines Re: San Rafael Corporate Center (RA) — File 140 x R-470 x R-465 x R-405 x R-368 12. Resolution Approving and Authorizing the Mayor to Execute a Below Market Rate Rental Housing Agreement for the Property Located at 540 Canal Street, Between the City of San Rafael and San Rafael Land Company LLC (2350 Kerner Blvd.) (RA) — File 229 AYES: NOES: ABSENT PUBLIC HEARINGS: 13 SRCC Minutes (Regular) 07/02/2007 Page 3 DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) d) RESOLUTION NO. 12296 — RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS AND SETTING PUBLIC HEARING FOR MONDAY, JULY 16, 2007 — BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (Pursuant to the Landscaping and Lighting Act of 1972) RESOLUTION NO. 12297 — RESOLUTION APPROVING EXECUTION AND IMPLEMENTATION BY THE CITY OF SAN RAFAEL OF A CONSENT AND AGREEMENT RELATING TO THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND HINES RESOLUTION NO. 12298 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE A BELOW MARKET RATE RENTAL HOUSING AGREEMENT FOR THE PROPERTY LOCATED AT 540 CANAL STREET BETWEEN THE CITY OF SAN RAFAEL AND SAN RAFAEL LAND COMPANY, LLC (2350 KERNER BLVD.) COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro COUNCILMEMBERS: None COUNCILMEMBERS: None Public Hearinq — GREEN BUILDING PROGRAM: (CD) (Continued from Citv Council Meeting of June 18, 2007) — FILE 10-2 x 10-3 x 115 (2020) x 13-1 1) CONSIDERATION OF ORDINANCE ADDING SECTION 14.16.365 TO THE ZONING CODE ESTABLISHING GREEN BUILDING REQUIREMENTS FOR NEW DEVELOPMENT AND AMENDING CHAPTER 14.03 TO ADD DEFINITIONS PERTAINING TO GREEN BUILDING REQUIREMENTS; 2) CONSIDERATION OF RESOLUTION ADOPTING GREEN BUILDING STANDARDS IN CONJUNCTION WITH NEW SECTION 14.16.365 OF THE ZONING CODE: 3) CONSIDERATION OF RESOLUTION AMENDING GENERAL PLAN 2020 TO ADD CONSERVATION PROGRAM CON -18F ESTABLISHING GREEN BUILDING REQUIREMENTS FOR CIVIC BUILDINGS; 4) CONSIDERATION OF ORDINANCE ADDING CHAPTER 12.44 TO THE SAN RAFAEL MUNICIPAL CODE ESTABLISHING ENERGY EFFICIENCY STANDARDS FOR NEW OR EXPANDED SINGLE-FAMILY DWELLINGS THAT EXCEED 3,500 SQUARE FEET IN SIZE; and 5) CONSIDERATION OF ORDINANCE ADDING CHAPTER 12.45 TO THE SAN RAFAEL MUNICIPAL CODE REGULATING THE INSTALLATION OR REPLACEMENT OF WOOD - BURNING APPLIANCES. ZONING DISTRICT: CITYWIDE; APPLICANT NAME: CITY OF SAN RAFAEL; FILE NOS.: Z007-001 AND G PA07-003. Mayor Boro declared the public hearing opened. Community Development Director Bob Brown stated staff was very pleased to present this package of material regarding the Green Building Program and to thank members of Sustainable San Rafael for their input. SRCC Minutes (Regular) 07/02/2007 Page 3 SRCC Minutes (Regular) 07/02/2007 Page 4 Clarifying the types of construction the green building provisions did and did not cover, the next steps, and how the new provisions would be implemented, Mr. Brown explained that for residential, all new homes, duplexes and multi -family buildings would be covered, as well as major additions, which were defined as those exceeding 500 square -feet and half of the existing square footage of the building. These would have to achieve at least 60 points on the Green points rating system from "Build It Green". For non-residential, including commercial and civic buildings, Mr. Brown explained that all new construction exceeding 5,000 square -feet would have to meet the LEED Certified level, and construction over 30,000 square -feet would have to be LEED Silver. The buildings over 30,000 square -feet would have to go through the certification process by the U.S. Green Building Council. Indicating that residential and commercial remodels were not covered, Mr. Brown explained that Build It Green was in the process of revising its Residential Remodeling Guidelines and rating system. This was challenging because remodel projects varied widely and the amount of "greenness" that could be achieved was largely dependent on how many components of a home were being modified. Mr. Brown stated staff anticipated presenting amended ordinances to the City Council at the beginning of the year for residential remodeling. With regard to commercial remodeling, Mr. Brown stated that LEED was more geared towards new construction; therefore, staff would wait to see if a better rating tool was developed. Mr. Brown indicated staff also intended to introduce a Construction Debris and Recycling Ordinance early next year, noting Marin County was currently updating their ordinance, which proved difficult to administer. In terms of implementation, Mr. Brown stated staff was not being increased; therefore, it was important, at least initially, to rely on assistance and expertise from certified outside green building raters, who were available through both Build It Green and LEED. He indicated that building inspectors and planners would receive training on both rating systems for familiarity; however, the City would continue to use outside raters to work with applicants and perform field verification, for the foreseeable future. Mr. Brown confirmed that the ordinances would become effective in mid-August and would only be applicable to new projects. Projects already having their planning entitlements would not be affected, with the notable exception of the Village at Loch Lomond Marina project. He indicated that staff was preparing handout materials, application worksheets and an information kiosk and would begin making applicants aware of the new requirements. Councilmember Heller inquired whether there were green buildings in Marin County that could be viewed; however, Mr. Brown stated that there really were no visible differences. Roqer Roberts, Marin Conservation League, stated they supported the Green Building ordinances and looked forward to the improvements next year. Susan Adams, Marin County Board of Supervisors, congratulated the City Council on their anticipated unanimous support for the Green Building ordinances. Indicating that an Annual Green House Tour takes place, she stated she would ensure Councilmembers received information on the date, etc. Paul Tvler, Kaiser Permanente, expressed support. Connie Barker, Health Council of Marin, stated they were very much in favor of the Green Building ordinances. Denise Belas, Sustainable San Rafael, expressing support for the ordinances, congratulated and thanked Community Development Director Bob Brown for his hard work on this important issue. Alex Hoffman, Marin County Green Building Coordinator, congratulated Bob Brown for his hard work and urging the City Council to support the ordinances, offered his assistance. James Bell stated he appreciated everything Bob Brown had done and expressed support for the Green Building ordinances. Sara Jensen expressed support for the Green Building ordinances. Don Davev, Sustainable Novato, congratulated Bob Brown and expressing support for the SRCC Minutes (Regular) 07/02/2007 Page 4 SRCC Minutes (Regular) 07/02/2007 Page 5 ordinances, offered his assistance where necessary. Mea Curlev submitted a letter on behalf of Kiki LaPorta, Sustainable San Rafael, supporting the ordinances. Jackie Barshack, San Rafael, stated she was so grateful for these ordinances which could prevent future illnesses related to formaldehyde. There being no further comment from the audience, Mayor Boro closed the public hearing. Mayor Boro stated that two weeks ago he met with Kiki LaPorta and Sue Spofford, Sustainable San Rafael, who indicated that although they could not be in attendance this evening, they were very supportive. He stated he pledged to them that once the ordinance was in effect, in the next several months he would schedule a meeting with Sustainable San Rafael and others in the community to generate a vision of what could be accomplished in the short-term (over a five-year period). Mayor Boro stated he wanted to ensure the City stayed focused and that a plan was generated that all could understand and support. Mayor Boro reported that at the 2006 U.S. Conference of Mayors, San Rafael signed the Climate Protection Agreement and as of now, 600 cities throughout the country had also signed. He noted Mayor Nichols in Seattle had done an excellent job. Mayor Boro stated he had information on Best Practices and a book on Best Practices would also be available. He thanked Bob Brown for the work he had done, noting he worked with many groups in the community. Councilmember Heller indicated she was delighted with the Green Building ordinances and she particularly thanked Councilmembers Cohen and Miller for their hard work on the project. Concurring, Councilmember Phillips stated he was pleased to note the same loud and clear message from everyone this evening. The ordinance was great; it added to the community and he complimented staff, applauding Mr. Brown and the groups he worked with. Indicating he was pleased that San Rafael could act as an example to Novato, Councilmember Phillips stated he looked forward to the motion. With regard to outdoor fireplaces, Councilmember Cohen stated that in reading the exemption it appeared to grandfather existing wood -burning appliances, be they indoor or outdoor. Mr. Brown explained that the ordinance did not cover outdoor barbeques or fireplaces for the following practical reasons: 1) In most cases, they did not require building permits; therefore, staff had no knowledge of someone purchasing an outdoor fireplace; and 2) With regard to enforcement, he noted some cities had regulations that precluded the use of these items in the backyard, and this was enforced through the Police Department. Indicating he had spoken with staff in those cities with these regulations, Mr. Brown stated they admitted that essentially, they were unenforceable. The police would not be responding to calls concerning someone starting a barbeque or having an outdoor function. Having talked to the San Rafael Police Chief, Mr. Brown stated they believed that absent a permitting source and the practical ability to enforce these restrictions, staff preferred not to put these rules on the books. Councilmember Cohen inquired whether this was an issue the Bay Area Air Quality Management District (BAAQMD) had grappled with. Mr. Brown stated they encouraged cities to essentially preclude these and also to enforce them particularly on "Spare the Air Days." In terms of the specific issue of backyard barbeques and outdoor fireplaces, Mr. Brown confirmed that BAAQMD encouraged the restrictions. He noted that Marin County had a similar exemption in that they did not deal with outdoor barbeques and fireplaces. Councilmember Cohen stated that when he originally spoke with Alex Hoffman on this issue, part of the County's rationale was that those types of facilities were used fairly infrequently, whereas the greater concern in terms of quantity of emissions had to do with the use of indoor fireplaces and space heating with indoor wood heaters, which was the cause of a lot of carbon generation and air quality impacts. Councilmember Miller stated that in his view this ordinance went beyond green building. It served as a clarion call to action by all the people of the City of San Rafael, whether residents or visitors, owners of property or renters, members of the Chamber of Commerce, Sustainable San Rafael, Conservation League, Builders Exchange or the active pulse of the City — the neighborhood associations and organizations. He indicated that everyone in San Rafael was bound by duty to the earth upon which they lived, the community to which they belonged and the future they would weave to conserve resources, reduce waste, increase water and energy efficiency and promote the health of all. SRCC Minutes (Regular) 07/02/2007 Page 5 SRCC Minutes (Regular) 07/02/2007 Page 6 Councilmember Miller expressed special thanks to Sustainable San Rafael who staunchly and brightly advocated for this ordinance, and Bob Brown, Community Development Director, who acted as a deep and splendid resource in its development. Commending Mr. Brown, Councilmember Cohen stated he appreciated the hard work, and being familiar, professionally, with green building, he noted that the staff report was particularly well written and presented and laid the issues out. While just a step, Councilmember Cohen stated the City was bringing to life one of those slogans about "thinking globally and acting locally" which was what this was about, and he was glad to see the City taking this one of many steps needed as a community. 1) The title of the Ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AMENDING THE MUNICIPAL CODE INCLUDING: 1) AMENDING CHAPTER 14.03 TO ADD DEFINITIONS PERTAINING TO GREEN BUILDING REQUIREMENTS AND 2) ADDING SECTION 14.16.365 ESTABLISHING GREEN BUILDING REQUIREMENTS FOR NEW DEVELOPMENT" Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1853 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 2) Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12299 — RESOLUTION ESTABLISHING GREEN BUILDING STANDARDS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 3) Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 12300 — RESOLUTION APPROVING AN AMENDMENT TO THE SAN RAFAEL GENERAL PLAN 2020 TO ADD PROGRAM CON -18f PERTAINING TO GREEN BUILDING REQUIREMENTS FOR CIVIC BUILDINGS AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 4) The title of the ordinance was read: "AN ORDINANCE AMENDING THE MUNICIPAL CODE ADDING CHAPTER 12.44 ENERGY EFFICIENCY STANDARDS FOR SINGLE-FAMILY DWELLINGS GREATER THAN 3,500 SQUARE FEET OF CONDITIONED FLOOR AREA" Councilmember Cohen moved and Councilmember Phillips seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1854 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5) The title of the ordinance was read: "AN ORDINANCE OF THE SAN RAFAEL CITY COUNCIL ADDING CHAPTER 12.45 TO THE SAN RAFAEL MUNICIPAL CODE PERTAINING TO THE REDUCTION OF AIR POLLUTION BY REGULATING THE INSTALLATION OF WOOD BURNING APPLIANCES AND THE REPLACEMENT OF NON -CERTIFIED WOOD BURNING APPLIANCES" Councilmember Miller moved and Councilmember Phillips seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1855 to print by the following vote, to wit: SRCC Minutes (Regular) 07/02/2007 Page 6 SRCC Minutes (Regular) 07/02/2007 Page 7 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro expressed thanks to all in attendance for their interest and support in helping make this happen. 14. Public Hearinq — (FD) — FILE 10-6 x 9-3-31 a) CONSIDERATION OF AN ORDINANCE ADDING CHAPTER 4.12 TO THE SAN RAFAEL MUNICIPAL CODE, "THE ESTABLISHMENT OF A WILDLAND-URBAN INTERFACE AREA (WUI) SPECIFYING MITIGATION REQUIREMENTS THAT ABATE COMBUSTIBLE VEGETATION TO REDUCE THE THREAT OF CONFLAGRATION TO STRUCTURES BEYOND THE SUPPRESSION CAPABILITY OF EMERGENCY RESPONDERS AND TO REDUCE RISK OF LIFE LOSS, ENVIRONMENTAL DAMAGE, AND REDUCED ECONOMIC STABILITY" b) CONSIDERATION OF RESOLUTION ACCEPTING A LIST OF COMBUSTIBLE (PYROPHYTIC) PLANTS INCLUDED AS EXHIBIT A FOR USE WITHIN THE WILDLAND- URBAN INTERFACE Mayor Boro declared the public hearing opened Mayor Boro commented that on last Wednesday night, San Rafael had a potentially horrific fire. He publicly thanked Fire Chief Montenero and the Fire Department, particularly Division Chief Ritt Hewitt, who ran the Command Center. Also thanking Chief of Police Odetto and his staff for their efforts, Mayor Boro stated the two departments really functioned well as a team and took charge of the fire. He indicated that everyone was very grateful for the exemplary work and thankful that the fire could be suppressed as quickly as it was. Fire Chief John Montenero expressed thanks to the City Council for allowing staff to present the ordinance and resolution for consideration. He believed this to be one of the most important proposals a fire department could make and a City Council could consider in terms of the health and welfare of the San Rafael community. Living in a very special and beautiful place, Chief Montenero stated that one of the reasons for this beauty was the huge amount of vegetation, which interfaced with quite a number of structures, creating a hazard. The purpose of this ordinance was to manage that hazard. Believing San Rafael to be the first agency in Marin County to present this type of ordinance using standards intended for new construction effective January 1, and for the creation of defensible space as spelled out by the State of California, Chief Montenero stated staff had mostly relied on local and professional experience to present a solution for a very serious hazard in the community. He indicated that this could not have happened without the leadership of City Manager Ken Nordhoff, the assistance of Bob Brown, Community Development Director, and his staff, on environmental issues and John Tune, Public Works, assisting with arborist type questions. Chief Montenero expressed special thanks to Eric Davis, Deputy City Attorney, for the number of hours he spent on this complex issue leading staff through the minefield of dealing with environmental issues, yet addressing the issue attempting to be solved — the potential catastrophe (conflagration), i.e., the loss of multiple structures in an out of control fire. Fire Chief Montenero reported that the ordinance established a Wildland-Urban Interface (WUI) and defensible space within that WUI. Referring to a map on display in the Council Chambers, he noted that the pink areas represented the Wildland-Urban Interface being proposed. He explained that work was done in San Rafael through state contract to fly over and identify all of the Wildland-Urban Interface risks and the "very high" and "high" were combined into one Wildland-Urban Interface in the ordinance. The "moderate" and "light" hazards were removed to deal with the real hazard, and establish a defensible space to prevent the potential conflagration. Chief Montenero noted that the resolution specified the combustible plants to be removed from these areas. Describing why a Wildland-Urban Interface was so important, Chief Montenero explained that the Fire Department's ability to control fire was based upon the amount of resources that could be on scene immediately and the size and state of the fire upon arrival. Under certain conditions — windy weather, dry conditions, low humidity, steep terrain, low water supply, poor access for the Fire Department — there was potential, because of the type and dryness of vegetation, to have an out of control fire that he feared could result in evacuations and evacuating firefighters instead of extinguishing the fire. He noted that type of fire had the potential of extending beyond the capability of all the resources in Marin County and those that SRCC Minutes (Regular) 07/02/2007 Page 7 SRCC Minutes (Regular) 07/02/2007 Page 8 could be brought in in the timeframe available. Using PowerPoint, Chief Montenero displayed pictures of the fire in San Rafael last week. Although no structures were lost, he indicated it was an example of how fast and hot a fire could get. He explained that the fire started on public open space above Falkirk and a newspaper article suggested this would not have happened had the proposed ordinance been in place, which was not exactly correct. Chief Montenero stated the Fire Department was dealing with defensible space (within 100 feet of a structure) and this ordinance started outside of that area. The issue was whether, with the correct weather conditions, it could have extended to multiple structures, and the answer was in the affirmative. The goal, therefore, was to reduce that risk. Stressing that this process required a tremendous effort in the community, Chief Montenero stated that all property owners needed to get enthusiastic, realize when they were in Wildland- Urban Interface and when they were responsible to create defensible space and do it, as the community depended on it. Chief Montenero stated the ordinance was presented with the concept that nothing less than 100% of the properties in the WUI needed to comply. With the assistance of slides, Chief Montenero identified an area in which there could be a wildland fire out of control, (no defensible space) a sample of wildland and overgrown brush and trees, and how it should look, also two pieces of property that survived because of having defensible space. Regarding wood roofs, not a part of the ordinance, Chief Montenero stated that there were several in the area not yet dealt with, which were just as bad as the brush and trees. Explaining that fire spreads through sparks and embers, he commented that unfortunately, during the Lake Tahoe fire he stood in his driveway of his home watching brands 3" long and 1" wide dropping on him. He stated that these land on wood roofs, in Juniper plants and in grassy areas spreading the fire, which quickly turn into spot fires in multiple locations, stretching emergency response resources. Chief Montenero stated there was tremendous limitation with emergency response, i.e., weather, vegetation, types of structures and their proximity to slope; therefore, in the event of a wildland-urban interface fire, the heat would intersect with houses on a slope, breaking out windows, catching under eaves, going into attics and under decks. He indicated that the ordinance proposed methods to prevent that from happening with the 100 -foot defensible space. He indicated that staff worked with the City Attorney on many issues, as discussed in the three study sessions with the City Council — CEQA (California Environmental Quality Act) issue, cost, greenhouse gas issue, wildlife trails, plant and animal habitats, impact on creeks, clearance distances from homes, etc. As to the reasons for this action, Chief Montenero explained that a zoning authority passes ordinances in San Rafael. Those in government realized there were certain situations affecting the quality of life and economic stability of a city, and this was one such very fair situation. With areas of narrow streets and limited space for fire engines, Chief Montenero noted low water supply in such areas, overhanging canopy over streets and homes, wood roofs and in many cases, a lot of older construction, all of which increase the hazard. Chief Montenero stated that many thought of fires as being in Southern California, southern states or in the mid -west; however, recently, (Tahoe fire last week), and the Mount Vision fire lost 48 homes and cost $31.6 million, which was expensive in comparison to the much lesser cost of creating defensible space and protecting the community. He reported that it took 2,100 personnel to extinguish that fire, all of whom did not arrive simultaneously, rather was an accumulation of some days; however, by that time the fire had done much of its damage. Chief Montenero stated that the Oakland fire was similar, except for being downhill, which happens in a northeast wind. He noted a similar fire in Monterey. Chief Montenero stated that should Council agree with these hazards in the community, some issues would have to be faced with the ordinance: • It's my risk to take — I want to retain exactly the environment I moved into; • It may harm the environment, animals or plants; or • It would cost too much. He stated that property owners in the City had a responsibility to protect themselves, neighbors and the community as a whole. Fire would harm the environment a hundred times more than the little vegetation management carried out. Comfortably recommending the ordinance, Chief Montenero stated he had personally experienced such a situation and had seen people who had opposed such an ordinance attack the community for not having put out the fire, as their expectations were that emergency SRCC Minutes (Regular) 07/02/2007 Page 8 SRCC Minutes (Regular) 07/02/2007 Page 9 responders should have the ability to do this. He commented that while it was not possible to beat the weather, people could be smart and manage and manicure to the point of having a fair chance of protecting the homes in the community and avoiding the associated economic disaster. Noting that it takes a couple of years to clean up in the aftermath of such a fire, Chief Montenero stated that in the meantime, one lived with bad smells and a very blacked -out area. As to the cause of the problem in San Rafael, Chief Montenero explained that over the past hundred years, and more aggressively, in the past fifty years, people had realized it was a great environment in which to live; however, the rules were not in place, and in many cases, no experience to realize the necessity for defensible space as homes were constructed. It now was recognized and now was the time to deal with it in cooperation with the community. Indicating that a lot of work lay ahead, Chief Montenero stated that Fire Captain Brad Mark, Vegetation Management/Hazardous Materials, would explain how it would be staged. With regard to the environment, Chief Montenero explained that staff looked at several issues, i.e., working with the Council and City on General Plan 2020 and Live Oak Associates, Biologists, and a decision was made that there would not be a significant effect on the environment, and there was an exemption from CEQA; therefore; staff planned to file such an exemption pursuant to approval of the ordinance and resolution. Chief Montenero reported that staff looked at the Pelican and Raptor habitats and Burrowing Owls. Plants and animal habitats were discussed, including seven California native plant species threatened or endangered, White -Rayed Pentachaeta potential habitat and Sudden Oak Death issues. Many meetings took place with Eric Davis' leadership and the consultants and it was determined that the City was legitimately exempt because certain actions would be taken through brochures and the educational process to ensure the public was aware of what to look for and how to be careful. Chief Montenero stated it was not possible to predict what would be encountered in the environment; however, it was possible to predict that in the event of a fire, the environment would be lost; however, through effective management, defensible space could be created to protect the environment. Noting the ordinance applied to private lands, Chief Montenero stated there also was a plan in place to address City lands within the required 100 -foot defensible space, which would also be a phased -in project. Defensible space would then be managed on City property as required of the property owner. Staff would also be evaluating open space roads as could be funded, assisting Homeowners Associations as much as possible through groups to chip and haul away vegetation, together with working hard on the enforcement aspect. Captain Brad Mark stated he would provide a brief overview of the program and discuss key components to vegetation management, of which this ordinance was a main foundation. He indicated that through the process of evaluating the hazards of the neighborhoods and dividing them into thirds, staff would begin the vegetation management program, using a three-year approach. He noted that in the process, two neighborhoods were inadvertently omitted, Gerstle Park and West End; however, they were on the January — December 2008 list; a chipper hauling day was scheduled for West End this month. Captain Mark explained the three components in vegetation management: • Education and assistance; • Building neighborhood Public/Private partnerships; and • Enforcement. He indicated that neighborhood presentations had commenced, chipper hauling days and funding for those to assist property owners dispose of their vegetation would be provided, and door-to-door inspections by request and by appointment. Staff was in the process of developing programs for senior, low income assistance for the removal of vegetation, working with senior advocacy groups and it was also planned to work with the neighborhoods themselves to help their own. With regard to enforcement, Captain Mark reported this would be a Notice and Order process for those deciding not to cooperate and partner in creating the 100 -foot defensible space, and would lead to an Administrative Hearing. Concerning the principles of a 100 -foot defensible space, using PowerPoint slides, Captain Mark identified a 50 -foot space to the property line; the property owner was required to manage the vegetation to the property line. With the 100 -foot requirement, in this case the adjacent property owner must manage their vegetation hazard to achieve the 100 -feet from that structure. SRCC Minutes (Regular) 07/02/2007 Page 9 SRCC Minutes (Regular) 07/02/2007 Page 10 Another slide depicted vegetation across the street so severe that citizens would be unable to egress, the Fire Department would be unable to ingress and the heat could be so severe it could break the windows of the structure across the street. He commented that as citizens were being requested to create their defensible space, the City also needed to comply. With regard to measuring a 100 -foot space on a slope, Captain Mark explained this was measured on the ground from the farthest projection of the structure. Captain Mark stated that the principles of vegetation management were to reduce the fuel load and keep the fire on the ground, which would slow it down and give the Fire Department time to arrive on scene to assist. As he presented subsequent slides, Captain Mark suggested keeping in mind a shower of sparks landing in this type of vegetation, and he noted more homes were lost through brands, sparks and spot fires than from flame impingement. Trimming growth on trees to a maximum height of 10 -feet was important to keep the fire on the ground and out of trees. Captain Mark noted a resolution accompanied the ordinance listing combustible vegetation; however, in some instances provision was made to retain combustible vegetation if separated using a specified criteria. Captain Mark stated staff did not feel ethically correct going forward with a public protection ordinance and not address what they considered the greatest threat to structures, i.e., Juniper (referred to as gasoline plants) and Bamboo trees. Therefore, removal of Juniper and Bamboo trees was required immediately within fifteen feet of all structures as these were highly flammable plants. He indicated that by January 1, 2011, all Juniper and Bamboo must be removed within 100 -feet of structures. Regarding the importance of maintaining roofs, referring to a slide Captain Mark stated that a shower of sparks would take the structure out, as experienced first hand by Chief Montenero. He also stressed the importance of removing dead wood and brush debris. Fire Chief Montenero expressed the hope that the presentation was complete and clear and that the City Council was comfortable with adopting the ordinance and resolution. Councilmember Miller inquired about defensible space between houses. Chief Montenero stated the same principles applied all around the structure. In response to Councilmember Miller's question as to who was responsible for a tree underneath the eaves of an adjacent house, City Attorney Gary Ragghianti stated that a property owner had the right to cut limbs from a tree on his or her neighbor's property if it extended over onto their property. Captain Mark reported that when evaluating a property he did not necessarily pick on a single tree, rather he looked at the entire situation, the brush underneath the tree and what actually would cause a laddering effect up into the tree. It was not required to remove fences; however, the vegetation was inspected for flammability or combustibility. Further clarifying, Chief Montenero stated a lot of people often believed their structure was not facing open space. He indicated the issue was protecting a structure inside a wildland-urban interface and there could be four adjacent structures in the wildland-urban interface that would need to comply with all aspects of the ordinance on all sides of the structure. He stated staff's concern was whether in three years from now they could return to the City Council to deal with the tree issue and whether there was a communication link for a crown fire from a multitude of trees in one area down through trees to a structure, which was another issue not being dealt with in this ordinance. City Manager Ken Nordhoff clarified that wood fences were not being covered as part of the ordinance or resolution, and requesting this be done would entail an entire other process. Councilmember Miller inquired whether sufficient focus was being placed on fire roads for equipment getting in and out. Indicating that this was a very expensive proposition, Chief Montenero explained that for off- road travel by fire engines (normal fire engines were not suitable for this), it was proposed to bring an item before Council to purchase a Type III engine with all -wheel drive for this purpose. Even under those circumstances, the issue was the funding necessary to provide defensible space for fire roads. Noting the City was broken down into neighborhoods, Councilmember Heller inquired how staff SRCC Minutes (Regular) 07/02/2007 Page 10 SRCC Minutes (Regular) 07/02/2007 Page 11 intended to begin with the neighborhoods and how the neighborhoods would be made aware of the program. Captain Mark stated that a letter had already been drafted to go out to the first neighborhoods, explaining and outlining the standards for clean-up of vegetation management, giving guidelines and providing a street -by -street schedule for a day to carry out door -by -door inspections at their request. This, in addition to contracting with outside third -party contractors to begin cleaning city open space lands. Councilmember Phillips stated this appeared to be a perfect opportunity for the city to partner with some business organizations. He had talked with Jackson's Hardware (client) on Saturday to see what they could do, and he ascertained that they had a very active interest and would be willing to assist homeowners. Agreeing this was a good point, Chief Montenero stated staff planned on having not only meetings with the property owner groups, rather they hoped to get nurseries together, the Conservation Corps, etc., who were looking for work and who could be educated in what and how the work could be done. Chief Montenero stressed that there would be multiple brochures: • How to create defensible space; • How to be sensitive to the environment; • When to call the Fire Department for advice or seek an exemption based upon a nesting Raptor or other environmental issue; and • Firescaping (green belting) and the recommended plants. Councilmember Phillips complimented the brochure from Fire Safe Marin and Chief Montenero stated that Captain Mark was working with Fire Safe Marin. In talking with the nurseries, Councilmember Heller inquired whether the City had any means to preclude them from selling some of these high hazard plants. Deputy City Attorney Eric Davis stated there was nothing in the ordinance addressing nursery sales. However, to the extent that the ordinance indicated combustible vegetation, as defined by the resolution, was not going to be permitted within the 100 -foot defensible space, demand would not be as great because of their being prohibited. Captain Mark stated that a single species of Broom was allowed through separation of plants. Joanne Franklin -Knox, President, Southern Heights Neighborhood Association, representing 80 residences, stated the fire issue would impact 300 more homes. Indicating they were the walking example of tonight's discussion, she stated they had been coping with this problem for a number of years. They live on a hill and try very hard to make the roads accessible for the Fire Department and everyone in the City had been very supportive within the realm of the law. She reported that former Fire Chief Marcucci stood on her deck at meetings and indicated he considered the situation they were confronted with daily as much more dangerous than the pre- condition of the Oakland fire. While all of the residences worked very hard to keep their properties free from fire hazard, there were two vacant lots, one owned by the Lutheran Church who did what they could when reminded; however, the serious problem was a lot on the hill owned by an absentee landowner. Ms. Franklin -Knox stated that residents had cleaned up his lot for years and were financially, emotionally and physically exhausted from it. She reported that Fire Commissioner Mary -Ellen Irwin had been very supportive and could see the effort made, and some years ago she obtained a grant of $5,000. Residents would have liked to have enhanced the neighborhood; however, were so afraid of the vacant lot that they spent $3,000 of the grant on a privately owned lot because of the selfishness of this landowner. Ms. Franklin -Knox stated that at one time as an association they pooled their money and hired an attorney. The San Rafael City Attorney was very sympathetic, the Police and Fire Departments were also sympathetic; however, firemen had stated in meetings that should that lot catch fire there was no way to save the homes up there. Indicating the presence of three giant Eucalyptus trees on the lot, Ms. Franklin -Knox stated that while one was dead, the other two were very seriously diseased. Endorsing what the Fire Department was trying to do, she suggested it be extended to 150 feet and perhaps some type of criteria incorporated in the ordinance addressing vacant lots within a residential area. Having observed the recent fire, she stated that had that been on her hill, all of their houses would have been burned. Ms. Franklin -Knox encouraged the City Council to not only incorporate the wonderful list but also address the problem of vacant lots in a residential area, and she expressed thanks. SRCC Minutes (Regular) 07/02/2007 Page 11 SRCC Minutes (Regular) 07/02/2007 Page 12 On a personal note, as someone deeply involved with the California Academy of Sciences, she invited everyone, in a year from now, to see the platinum building, which had received the biggest award in the United States for a building that size and which would be totally self- sustaining. Mayor Boro acknowledged receipt of her letter. Victoria DeWitt, West End Neighborhood Association and Federation of San Rafael Neighborhoods, believed the ordinance to be very important and she thanked Councilmember Miller for raising the issue of neighboring trees. Noting the ordinance addressed fire on the ground and trying to prevent the laddering effect, she believed vegetation over -hanging a roof or wood deck was just as problematic. Indicating that a neighbor's tree was infected with Sudden Oak Disease, she inquired as to how the state of this tree could be determined. With regard to the stump of a dead tree not having to be removed, Ms. DeWitt believed there should be some leeway in this. She agreed with the speaker concerning vacant lots and complimented the City Council on this very important step. Roger Roberts, discussing ways to strengthen the ordinance, stated he was pleased to see in this evening's presentation how the measurement of 100 -feet from a structure was done; however, the definition of the 100 -feet — 4.12.020 —Definitions — did not clarify how it would be measured and he believed the ordinance should do so. 4.12.030 — Vegetation Management Standards — A. 2) — indicates that dry grasses must be cut and removed so that their height did not exceed 3 -inches. Mr. Roberts stated his problem in understanding this was the word "remove" because he was unsure whether this meant removal off-site or not. He noted that in cutting down dry grasses on hillsides they should not necessarily be removed from the site because the seed would provide reseeding for the following season and help prevent erosion and sedimentation. He stated he had seen places where all of the grasses had been removed after cutting, which produced erosion problems in a couple of years. 4.12.030 — A. 4) — stated "Remove or chip the wood of all dead trees and other dead vegetation from the ground that is less than 3 -inches in diameter, etc." Mr. Roberts stated this would appear to include all twigs of any size and all bits and pieces of branches, etc., and it would appear to him that perhaps the better language could be to state that all wood and debris vegetation over 1 -inch in diameter and 3 or 4 -inches in length, must be removed or chipped because there would, in fact, be pieces of trees falling down into the leaf litter and under trees. 4.12.030 — A. 1) — addressed removing limbs less than 3 -inches in diameter to a maximum height of 10 -feet and Mr. Roberts believed it better to simply state that all dead branches and all branches up to a maximum of 10 -feet should be removed, including the rest of the rule relative to the percentage of the height of the tree. 4.12.030 — B. 1) — Mr. Roberts stated that in Southern Heights, and other hillside areas of the City, a lot of houses were very close to the road, and as the ordinance was written, he was not quite sure how it would be applied in these areas. He inquired whether this meant that these houses would have to remove all the vegetation between themselves and the roads; however, it could be reaching further than intended to proceed. Mr. Roberts stated the definition of "combustible vegetation" was much too limited. It did not include all the types of pyrophytic plants the City should be concerned about, e.g. Rosemary was planted is lots of yards, often as an attractive planting, and as with Eucalyptus and Juniper, was a torch. Similarly, he indicated that Blackberry and Pine were also a problem; therefore, he believed the definition of pyrophytic plants was far too limited and should be expanded. Mr. Roberts stated he supported Joanne Franklin -Knox concerning the vacant lot and if the 100 - foot rule were applied, only part of the problem on this lot would be taken care of. The fact was that with a fire with flying embers, high potential would exist for spot fires in the area not required to be cleared by the ordinance. Mr. Roberts expressed the hope that when the ordinance was adopted the City would do a good job of announcing plans, actual dates and specific work to be carried out on public lands. He noted one the slides shown this evening depicted an area above Gerstle Park near houses, which was public land, and he believed those neighborhoods needed to be aware that the City would, on its side of the fence, clear that property. He noted there were a number of such places in San Rafael, and it would be wise to publicize the fact that the City would do this itself. Mr. Roberts also expressed the hope that the City would take the next steps to follow the lead of the County and other jurisdictions relative to the hardening of houses within the interface. He SRCC Minutes (Regular) 07/02/2007 Page 12 SRCC Minutes (Regular) 07/02/2007 Page 13 indicated a lot could be done with improving the building ordinances to make the houses themselves more fire safe, and he hoped this would be part of the next steps taken by the City. Susan Adams, Marin County Board of Supervisors, believing this to be a very important issue, stated she Chairs the Disaster Council in Marin County and was appointed by the Board to the Office of Emergency Services. Noting urban wildland fire was a serious issue, she stated the County had taken it very seriously and was glad that Roger Roberts raised the issue concerning some of the hardscaping which was enacted in the Marin County ordinances; however, as was demonstrated with the floods in 2005 and 2006, a natural disaster did not know city and town boundaries; therefore, this was a further example of where all cities and towns needed to work together to create these types of good fire protection ordinances so that fires were not leaping over city and town boundaries also. Supervisor Adams reported that she was working on a Task Force at ABAG (Association of Bay Area Governments) that was trying to address the first three to six months post disaster for recovery and rebuilding communities after disaster, and in the course of the discussion, one of the most important issues to arise was the importance of prevention ahead of time. She indicated she was beginning dialogue with FEMA (Federal Emergency Management Agency) about how to access some of the post -disaster money, pre -disaster, to mitigate in advance of what would certainly happen again, as was demonstrated by the recent fire. She congratulated the San Rafael Fire Department on how well they managed that fire. Regarding conducting enforcement, Supervisor Adams inquired whether complaints would be generated by neighbors or whether there would be routine random inspections, and how this would be enforced. Garreth Shaw stated he liked the ordinance and it should be passed; however, it had some problems. Referring to Page 5 of the staff report — Phase I I I — he indicated that recommendations would be obtained on how the trees would be trimmed; however, on Page 4 — Phase 11 — residents were informed how they would trim the trees, which was inconsistent. Mr. Shaw believed the word "initiation" should be included before "crown fires" in both places where it appears. He explained he did not believe the purpose of the ordinance was to stop crown fires already initiated, rather stop the initiation of crown fires. Indicating that the biggest problem was not initiation of crown fires in the City, Mr. Shaw believed the biggest problem of initiation of crown fires was in the non -private part of the City. He believed a disaster was waiting to happen behind his home and there was nothing to stop the fire from going up into the crowns; therefore, he requested that fire initiators be removed. Jack Nixon, referring to Page 5 of the ordinance — Exception — requested clarification on the language "Remove all Junipers .... From 50 to 100 feet of a structure...." Referring to Page 4 "Defensible Space", he noted the language "where vegetation management has been conducted" and suggested that this probably should have been "must have been conducted." Regarding educational materials, he stated it would be great to have a list of recommended plants. Chuck Daniels, Chair, San Rafael Fire Commission, stated that having listened to the speakers on the ordinance, he obviously urged its passage. He indicated he was personally aware of the hours Fire Chief Montenero, Captain Brad Mark, Chief Keith Schoenthal and City Manager Ken Nordhoff worked on this ordinance, all of whom did a marvelous job. He noted that anyone observing the fire last week on Dollar Hill had to be appreciative of an ordinance of this type. Mr. Daniels stated the Fire Department did a great job stopping the fire, and needed to be congratulated; however, there were so many areas in the City of San Rafael that needed this ordinance so badly. There being no further comment from the audience, Mayor Boro closed the public hearing. Regarding questions raised, Fire Chief Montenero stated that the lots within 100 feet were covered and should there be special circumstances that were determined to be fire hazards, staff would work with the Chief Building Office and handle the issue under the Fire Code. Referring to Page 5 of the ordinance, Chief Montenero corrected a typographical error in the Exception paragraph to read ..."from 15 feet to 100 feet of a structure..." Chief Montenero stated the testimony would be evaluated and should it be found necessary to amend the ordinance, it could be returned to the City Council with these amendments. SRCC Minutes (Regular) 07/02/2007 Page 13 SRCC Minutes (Regular) 07/02/2007 Page 14 Regarding other combustible vegetation plants, Mr. Nordhoff stated that perhaps the resolution could be amended to permit the Fire Department to amend the list as deemed appropriate. Mayor Boro stated that having spent many months on this issue, it could be approved and worked on going forward; however, he was not comfortable with the enforcement piece. Should someone be in violation who, having been spoken to and cited, refused to comply, he understood the City had the ability to have the property cleaned, either billing the property owner or placing a lien on the property. He did not quite understand the need for Administrative Hearings and believed other jurisdictions were a little more aggressive than going through hearings. Mr. Davis explained that the enforcement mechanisms were those currently used by the City. He stated that basically staff could proceed administratively with Administrative Hearings or with civil enforcement action, judicial action or criminally. With respect to actually going onto the property to take action, he stated that generally, a court order would have to be obtained; however, with open lands without gates or fences, etc., it could be possible to get an inspection and abatement warrant from the court. With regard to going into backyards, etc., to move fast, the most likely course would be to obtain a restraining order or bringing an injunction action requiring the property owner to carry out the work or permit the City to do so. Mr. Davis stated this could not just happen by the City going onto property; it would be necessary to go through the courts to obtain access to private property, unless the property owner allowed access voluntarily. Rather than entering backyards, Mayor Boro stated he was referring to more blatant examples, such as the letter presented this evening with one particular empty lot. Requesting further information, he commented that he had a lot in Sonoma and received a letter from the Fire Department annually requesting that the work be carried out by July 1 or they would do it and forward their bill. (He noted he never tested this). Mayor Boro suggested that in time, perhaps the City could pursue being a little more aggressive while still respecting property rights; however, everyone's rights were being respected by this action. Regarding the issue of open space in the City controlled by the County or the State of California, Mayor Boro inquired as to how to get these agencies to cooperate. Fire Chief Montenero stated this would be an interesting challenge. He noted the State of California, which was trying to set a precedent causing other agencies to develop defensible space, had a lot of SRA lands, and it would be interesting to see whether they would participate in creating that defensible space. He noted some property was jointly owned by the City and County parks, some could be County open space; however, in running into situations, staff would meet with those agencies and work with them to gain cooperation. On the issue of vacant lots, Councilmember Cohen stated he was unsure whether this had been made clear enough. Noting the language in the ordinance was pretty clear, using the scenario of owning a vacant lot, a portion of which had combustible vegetation within 100 -feet of a structure on Councilmember Miller's property, he was responsible for clearing his lot off and whatever appropriate enforcement mechanism could be brought against him if he failed to create defensible space from his neighbor's structure. This was included in the ordinance, and the enforcement and how aggressively the issue of dealing with a vacant lot needed some discussion. Councilmember Cohen noted that through testimony and in writing there appeared to be a hazardous situation on a particular lot in a threatening environment, and he questioned whether immediately upon adoption of this ordinance, or today, the Fire Department could investigate and deal more aggressively with this situation that had been brought to the City's attention several times. Chief Keith Schoenthal stated he was very familiar with that lot and enforcement action had been carried out in cooperation with the neighborhood in the past. Indicating that this ordinance expands the City's authority, he reported that under past authority, the City was only able to require clearance on that lot from 50 feet from adjacent structures; therefore, this ordinance would allow staff to go to 100 feet. Regarding whether situations such as this would be dealt with through complaints, etc., Chief Schoenthal stated that Captain Mark's primary duty would be to review the vegetation within each neighborhood on the list; therefore, it would not be just on complaint. Captain Mark stated he personally responded to this neighborhood and these two lots in particular, and issued Notice and Orders to both owners. He reported that one lot was completely cleaned and the other was started (he required vegetation management with a 100 - foot clearance from structures) and the owners were a good three-quarters done with the project. He met with the owner recently and requested continual cleaning within 100 feet of structures and also mentioned clauses within the Fire Code that permits the Fire Chief to call SRCC Minutes (Regular) 07/02/2007 Page 14 SRCC Minutes (Regular) 07/02/2007 Page 15 out an extra hazardous situation. While not falling within the ordinance, Captain Mark stated he felt this was an extreme situation and vegetation management was required upon the entire lot. He commented that this lot did lend itself to entry by the Fire Department. Councilmember Cohen stated he would like this ordinance to go forward, with the correction of the typo, and he believed the other issues regarding more aggressive enforcement ability or expanding the list could be dealt with over time; however, he would like to see the project begin. He noted that in adopting the budget later this evening, funds would be made available, hopefully sufficient for the City to do the first third of its vegetation management. a) The title of the ordinance was read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 4.12 TO THE SAN RAFAEL MUNICIPAL CODE ENTITLED "WILDLAND- URBAN INTERFACE (WUI) — VEGETATION MANAGEMENT STANDARDS" as amended — Page 5 — Exception: to read ...from 15 to 100 feet of a structure.... Councilmember Cohen moved and Councilmember Miller seconded, to dispense with the reading of the ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1856 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 12301 — RESOLUTION SPECIFYING A LIST OF COMBUSTIBLE VEGETATION SUBJECT TO VEGETATION MANAGEMENT WITHIN THE WILDLAND-URBAN INTERFACE (WUI) AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None As part of his motion, Councilmember Cohen requested that the City Manager report back to the City Council on some mechanism by which the list could be expanded as appropriate. Mayor Boro noted that Councilmember Phillips alluded to the fact that other resources could be utilized to partner with the City, such as Jackson's Hardware, Orchard Supply Hardware, Home Depot, Yardbirds, etc., and he suggested that perhaps the Fire Commission could consider how to reach out and build a program where the private and public sectors could work together. Mayor Boro paused the City Council meeting at 10:27 p.m., which resumed at 10:35 p.m. 15. Public Hearinq. — CONSIDERATION OF SETTING THE VOTER -APPROVED PARAMEDIC SERVICES SPECIAL TAX IN THE CITY OF SAN RAFAEL, CSA 19, CSA 13, AND MARINWOOD CSD, AND ADOPTION OF AN ORDINANCE ESTABLISHING TAX RATES FOR FISCAL YEAR 2007-2008 FOR BOTH RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES (FIN) — FILE 9-12-1 x 9-3-31 x 8-5 Mayor Boro declared the public hearing opened. Finance Director Cindy Mosser reported that the adoption of this ordinance would establish the Paramedic Tax Rate for Fiscal year 2007-2008 for the City of San Rafael, County Service Area #19, County Service Area #13 and Marinwood Community Services District. Ms. Mosser stated that in 1979, the City voters approved the Paramedic program, allowing the City Council to approve tax rates based upon the cost of operating the Paramedic program. Changes in tax law and voter authority modified how the process worked over the last few years. Indicating that in November 2006, the citizens of San Rafael passed Measure P, Ms. Mosser explained that this measure established an $85 ceiling on the residential tax rate and $.11 cents per square -foot ceiling for non-residential units. She stated that this measure was valid from July 2007 through June 2011. The other three jurisdictions adopted similar tax ceilings and time periods. SRCC Minutes (Regular) 07/02/2007 Page 15 SRCC Minutes (Regular) 07/02/2007 Page 16 Ms. Mosser reported that for Fiscal Year 2007-2009, the cost of running the Paramedic program would be approximately $4.9 million ($4,905,433). This sum was included as part of the overall City budget being presented today. She indicated that no significant changes were made to the operations of the Paramedic program for Fiscal Year 2007-2008 from the prior year; however, the $43,000 was included to cover the increasing cost of supplies. This increase was a portion of a New Service Request presented to the City Council in previous meetings. Ms. Mosser stated staff was proposing that the residential rate be increased by $14 to a rate of $75 in the City as well as the three other jurisdictions. She indicated that the residential sector makes up approximately 63.5% of the total Paramedic tax resource. Staff was also proposing that the non-residential units be increased by $0.0145 to a rate of $.0945 cents per square foot. The commercial/industrial customers comprise approximately 36.5% of total tax revenue. Ms. Mosser reported that Fire Chief John Montenero, Administrative Chief Officer Keith Schoenthal, Administrative Analyst Roxanna Atkins and she met with the County, Marinwood, CSA #19 and CSA #13 representatives in June, 2007 to discuss these rates. Referring to page 3, Gary Ford, Marin United Taxpayers Association, stated that the program would cost $4.9 million, of which 66% ($3,235,000) was from the Paramedic Tax itself, and third -party billings were forecast at 34%. He quoted: "Third Party billings growth of 19% projected for Fiscal Year 2007-2008 was due to the Fire Department's new billing service provider" and he requested clarification on this growth. City Manager Ken Nordhoff reported that Chief Montenero worked diligently this last year to establish a new relationship for the billing of third -party transportation services with the Novato Fire Protection District, and he believed the new arrangement with the District would provide opportunities to collect monies related to Medicare related billings and other opportunities. There being no further comment from the audience, Mayor Boro closed the public hearing. Councilmember Cohen clarified that it was not growth, rather more accurately capturing billings. Concurring, Mr. Nordhoff stated staff was also finding that they had a better system in terms of tracking the billing and chasing it down. He clarified that it was not an increase in volume, rather an increase in monies that were not recovered in the past. The title of the ordinance was read: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL SETTING THE PARAMEDIC TAX RATE, COMMENCING WITH FISCAL YEAR 2007-2008, AT THE RATES ALLOWED IN ORDINANCE NO. 1846 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL; AND FURTHER CONFIRMING THE PARAMEDIC TAX RATES, COMMENCING WITH FISCAL YEAR 2007-2008 FOR RESIDENTIAL AND NON-RESIDENTIAL PROPERTIES IN THE CITY OF SAN RAFAEL, THE MARINWOOD COMMUNITY SERVICES DISTRICT, COUNTY SERVICE AREA NO. 13 AND COUNTY SERVICE AREA NO. 19 ($75.00 FOR RESIDENTIAL AND $.0945 PER SQUARE FOOT FOR NON-RESIDENTIAL PROPERTY)" Councilmember Cohen 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. 1857 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION: OLD BUSINESS: 16. CONSIDERATION OF RESOLUTIONS RE BUDGET ISSUES: (FIN) — FILE 8-5 a) RESOLUTION ADOPTING REPORT FROM MEASURE `S' COMMITTEE b) RESOLUTION ADOPTING AMENDMENTS TO THE CITY BUDGET FOR FISCAL YEAR 2006-2007 c) RESOLUTION ADOPTING THE CITY OF SAN RAFAEL BUDGET FOR FISCAL YEAR 2007-2008 d) RESOLUTION ESTABLISHING CITY COUNCIL 5 -YEAR GOALS - 2006-2011 Finance Director Cindy Mosser stated she was presenting the City's budget for Fiscal Year 2007-2008 and amendments to the Fiscal year Budget for 2006-2007. She reported that on June 20, 2007, the estimated budget was presented requesting Council guidance on requests SRCC Minutes (Regular) 07/02/2007 Page 16 SRCC Minutes (Regular) 07/02/2007 Page 17 for program and service restorations. Under Council direction, Ms. Mosser indicated that staff was now presenting the budget to include allocations of one-time resources - $150,000 for Wildland-Urban Interface, $100,000 to rebuild reserves and $250,000 for additional deferred maintenance. Quality of Life programming was also being added to include staffing for Youth Services and custodial efforts at the Community Centers. A Teen librarian position would become fulltime and two budgeted positions had been added in the Literacy program, formerly contracted positions. She indicated that most of this was covered from grants, fees or other cost savings. Ms. Mosser stated that a Civil Engineer position had been added to complete the capital improvement programs, to be recovered by allocating these costs to the projects, together with $43,000 for Paramedic supplies, to be recovered by the Paramedic Tax. Stating that a balanced budget was being presented for Fiscal Year 2007-2008, Ms. Mosser stated that with the above-mentioned additions, total appropriations were estimated at $87.66 million. Referring to amendments made to the City's budget for Fiscal Year 2006-2007, Ms. Mosser stated these were illustrated on Exhibits A and B — Appropriations of $77.5 million and Revenues of $76.7 million. Ms. Mosser stated that a report was included from the Measure `S' Committee (Exhibit D), many of whom were present this evening. The Committee found that the Transactions and Use Tax revenues were being used to maintain critical services in the General Fund. Ms. Mosser stated that the report was generated with the help of all departments and especially with the assistance of Van Bach, Accounting Supervisor and Carl Tregner, Accountant. Following on previous discussions, Councilmember Cohen stated he thought it was agreed to allocate more money to the Fire Department for the vegetation management. He recalled that with the existing $43,000, the City had decided to allocate $200,000, for a total of $245,000. Mr. Nordhoff stated his recollection was that with the existing $48,000, after deliberation, it was decided to bring the total up to $200,000; however, should Council choose differently, staff would do so. Further clarifying, Mr. Nordhoff stated he understood $100,000 was to be allocated to Reserves, Deferred Maintenance on buildings untouched, leaving $150,000 to be added to the $48,000 already in place in the Fire Department budget, resulting in them having roughly $200,000 to begin the program. He recalled that the New Service Request was for $267,000. The idea was that staff would return as the program progressed to report on how much money was used and should there be a need to do more between now and the end of the year, request whatever was necessary. Councilmember Cohen argued that in light of some testimony received this evening, it should be addressed more aggressively and funded to the tune of $200,000 plus the $43,000 and if not spent by the Fire Department, it would sit in Reserves anyway. He stated that several speakers looked to the City to be prepared to step up and do its part on vegetation management. Councilmember Heller noted Mr. Nordhoff's remarks that additional funds would be made available, if necessary, as she did not wish to take from Deferred Maintenance and wanted to build up Reserves. Mr. Nordhoff stated that through Ms. Mosser's efforts, staff would be working on the audit over the next few months and probably in the October timeframe, there would be a sense of what the recently closed Fiscal Year looked like, and should there be some additional discretionary money beyond what was anticipated, Council could decide how to allocate it. Mayor Boro recalled that with the $48,000, the total was $200,000, with the idea that an additional $50,000 would be allocated if the need arose. Believing the need would arise, Mr. Nordhoff stated that the cumulative $200,000 would be a good start. Paula Kamena, Chair, Measure `S' Committee, thanked the City Council for allowing them serve the community. She stated it had been a pleasure to work with her co -commissioners who were very diligent about seeing that the money was spent exactly the way the taxpayers wished. She also thanked Cindy Mosser and Ken Nordhoff for their help. Indicating that their report was very short, Ms. Kamena stated this primarily was because the City Council was doing everything the law required and giving the Committee the authority to SRCC Minutes (Regular) 07/02/2007 Page 17 SRCC Minutes (Regular) 07/02/2007 Page 18 oversee. They were very pleased with the way Measure `S' was going and with the way the money was spent and how it was planned to spend it, which the committee approved of. Mayor Boro thanked the Measure `S' Committee members in attendance. a) Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12302– RESOLUTION ADOPTING THE CURRENT FISCAL YEAR 2006-2007 BUDGET AND PROPOSED FISCAL YEAR 2007- 2008 REPORT FROM THE MEASURE `S' COMMITTEE AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None b) Councilmember Miller moved and Councilmember Cohen seconded, to adopt the Resolution. RESOLUTION NO. 12303 – RESOLUTION AMENDING THE 2006-2007 BUDGET AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None c) Councilmember Phillips moved and Councilmember Heller seconded, to adopt the Resolution. RESOLUTION NO. 12304 – RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 2007 – JUNE 30, 2008 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURE OF ALL SUMS SET FORTH IN SAID BUDGET IN THE AMOUNT OF $87,659,407 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None d) Councilmember Heller moved and Councilmember Cohen seconded, to adopt the Resolution. Mayor Boro expressed thanks to Assistant City Manager Jim Schutz for his great work in helping the City Council understand their goals. RESOLUTION NO. 12305 – RESOLUTION ADOPTING THE CITY COUNCIL'S AREAS OF EMPHASIS AND PRIORITIES FOR THE NEXT FIVE YEARS FOR FISCAL YEAR 2006-2011 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None OLD BUSINESS: 17. CONSIDERATION OF RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL'S RESPONSE TO MARIN COUNTY GRAND JURY REPORT ENTITLED, "AGING IN MARIN—AN ESSAY IN UNEASINESS" (CS) – FILE 269 x 9-3-65 Community Services Director Carlene McCart reported that on May 2, 2007, the Marin County Grand Jury issued the report "Aging in Marin – An Essay in Uneasiness" which found that the senior population in Marin County would comprise 30% of the total population by the year 2030. She indicated it asserted that services and funding supporting residents 65 and older were insufficient for today's needs and would be inadequate for this growing population in the future. Twenty-one findings were included in the staff report. Ms. McCart reported that while the report was very complimentary of the senior services the Cities of San Rafael and Novato provided, it questioned whether the programs offered were SRCC Minutes (Regular) 07/02/2007 Page 18 SRCC Minutes (Regular) 07/02/2007 Page 19 adequate to serve the increasing number of senior residents. She indicated that the report requested a formal response from the City on Finding #14 which states: "Social support in Marin comes in a variety of forms, but senior center and community center membership is not growing at a pace to match the increasing older population." The response proposed was included in the staff report, which basically stated that staff disagreed with the finding. She explained that the Community Services Department adds 20 — 30 new seniors every month and considering this population had a drop-out rate, keeping pace and actually growing demonstrated that more than 20 — 30 were being enrolled monthly. She stated that currently 1,820 seniors were served in programs staged at the San Rafael and Terra Linda Community Centers. Ms. McCart stated that enrichment, social, self-help, fitness, entertainment, touring, events, meals, banquets, etc. were offered monthly, five to six days a week, primarily during daytime hours, with some evenings. She stated these were funded through City support of community centers and personnel, through user fees and fundraising efforts. Therefore, it was felt that San Rafael was keeping pace with demand; there was more capacity and this fall, it was anticipated launching programs at Pickleweed that would address the needs of the Latino and Asian senior populations. She stated staff was currently negotiating with Catholic Charities to bring meal programs for the noon time hour at least once weekly to Pickleweed, and from there the program would grow. For those reasons and the fact that participants in the programs were dropping in average age, Ms. McCart stated staff disagreed with this particular finding. Ms. McCart stated that the report called for more effort to be put into planning and developing services but did not require the City to specifically address its twelve recommendations included in the staff report. Ms. McCart stated that should Council concur with the response to Finding #14, the resolution should be approved or it could be modified as directed. Councilmember Heller moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 12306 — RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN RAFAEL RESPONSE TO THE 2006-2007 MARIN COUNTY GRAND JURY REPORT ENTITLED "AGING IN MARIN — AN ESSAY IN UNEASINESS" AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: CITY MANAGER'S REPORT: 18. None. COUNCILMEMBER REPORTS: Cohen, Heller, Miller, Phillips and Mayor Boro None None 19. a) Pickleweed: - File 267 Mayor Boro reported that Tom Peters had come up with a one-time $15,000 grant to fund the Midnight Basketball Program at Pickleweed. b) U.S. Conference of Mavors: - File 9-1 Having attended the U.S. Conference of Mayors in Los Angeles last week, Mayor Boro reported there was a lot of activity regarding Green Buildings, and he believed San Rafael made wonderful strides this evening due to the help of Bob Brown, Community Development Director, and the community he had been working with. Mayor Boro reported that he made a presentation at the Mayors Conference on the Safe Routes to Schools program, along with the Mayors from Boston and Columbus, Missouri, who had done a lot with Safe Routes to Schools in their communities. Indicating that Marin was in the forefront, he noted a lot of money was available at the federal and state levels; therefore, by aggressively pursuing these funds, it would be possible to do a lot for the schools in Marin County. Noting a lot of resolutions are considered through a very elaborate process at the U.S. Conference of Mayors, Mayor Boro stated that at the last minute, a resolution was introduced to consider getting out of the war in Iraq. Causing much consternation, it passed by two votes; however, by that time more than half of the mayors had departed. Mayor Boro indicated he voted against the resolution, primarily because the San Rafael City Council had a policy of not taking positions on such issues and he did not believe his personal beliefs should be involved. He noted some other great resolutions were introduced. SRCC Minutes (Regular) 07/02/2007 Page 19 SRCC Minutes (Regular) 07/02/2007 Page 20 Mayor Boro noted that the Senate had passed a resolution, now going forward to the House, with regard to a program on the issue of greening, similar to CDBG, where monies would go directly to cities for projects demonstrating merit. There being no further business, Mayor Boro adjourned the City Council meeting at 10:55 p.m. to Closed Session: Public Employment — Government Code Section 54957(b)(1) Title: Fire Chief Mayor Boro announced at 11:32 p.m. that no reportable action was taken. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 2007 MAYOR OF THE CITY OF SAN RAFAEL SRCC Minutes (Regular) 07/02/2007 Page 20