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HomeMy WebLinkAboutCC Minutes 1999-08-02SRCC MINUTES (Regular) 8/2/99 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, AUGUST 2, 1999 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Vice -Mayor Barbara Heller, Councilmember Cyr N. Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Kenneth Nordhoff, Assistant City Manager Gus Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - 7:00 PM None ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:25 PM DISCUSSION RE: THE APPLICATION OF "CIGARETTES CHEAPER" - File 10-1 x 10-2 x 13-1 Mayor Boro announced he had been informed there were a number of people present who wished to discuss the application of "Cigarettes Cheaper", which is pending before the Planning Commission. Mayor Boro felt it might be appropriate for the Council to consider this issue as an Emergency Add Item, and schedule it on the agenda for discussion, allowing those in attendance sufficient time to discuss the issue. Councilmember Cohen agreed, citing the immediacy of the issue and the high level of public interest, as well as the late confirmation that this location was, in fact, a "Cigarettes Cheaper" store, rather than some other type of market, as the Councilmembers had been led to believe. Councilmember Cohen moved and Councilmember Heller seconded, that this item be added to the City Council Agenda as an Urgency Item, allowing for further discussion. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Mayor Boro announced this item would be added to the Agenda following Item #13. CONSENT CALENDAR: Councilmember Cohen moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM 1. Approval of Minutes of Special, Special Joint Public Hearing, and Regular Meetings of Monday, July 19, 1999 (CC) 2. Request for Amicus Participation: (CA) - File 9-3-16 Gammoh v. City of Anaheim California Supreme Court 3. Resolution of Appreciation to Cindy Mosser, Accountant, Employee of the Quarter for Period Ending June 30, 1999 (CM) - File 102 x 9-3-20 RECOMMENDED ACTION Minutes approved as submitted. Approved amicus participation. RESOLUTION NO. 10471 RESOLUTION OF APPRECIATION TO CINDY MOSSER, ACCOUNTANT, EMPLOYEE OF THE QUARTER FOR PERIOD ENDING JUNE 30, 1999. 4. Monthly Investment Report (MS) - File 8-18 x 8-9 Accepted Monthly Investment Report for month ending June, 1999, as presented. 5. Resolution Authorizing the Public Works Director RESOLUTION NO. 10472 SRCC MINUTES (Regular) 8/2/99 Page 1 SRCC MINUTES (Regular) 8/2/99 Page 2 to be the Signatory for the 1998 STIP Augmentation RESOLUTION AUTHORIZING THE Funding for the State Master Agreement No. 000043 PUBLIC WORKS DIRECTOR TO BE and Program Supplement No. 0057 Rev. 0 for Erosion THE SIGNATORY FOR THE Control Along Mahon Creek at "B" Street (PW) PROGRAM SUPPLEMENT NO. 0057 - File 171 x 11-15 x 12-16 x 9-3-40 REV. O FOR THE SAN RAFAEL EROSION CONTROL PROJECT ALONG MAHON CREEK AT "B" STREET FOR $50,000. CONSENT CALENDAR: 6. Resolution Accepting a Proposal From Towill, Inc. RESOLUTION NO. 10473 for G.I.S. Mapping Updates in an Amount Not to RESOLUTION ACCEPTING A Exceed $42,250, and Authorizing the Mayor to PROPOSAL FROM TOWILL, INC. FOR Execute the Agreement (PW) - File 4-3-362 UPDATES TO THE GIS MAPPING SYSTEM, IN AN AMOUNT NOT TO EXCEED $42,250, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT. 8. Resolution Approving a Contract With Nichols- RESOLUTION NO. 10474 Berman to Complete the CEQA Environmental Review RESOLUTION APPROVING A of the Proposed 10.26 Acre Office and Corporation CONTRACT WITH NICHOLS- Yard Development, Not to Exceed $26,500, and BERMAN TO COMPLETE THE Authorizing Execution of Contract by City Manager CEQA ENVIRONMENTAL REVIEW (CD) - File 4-3-363 x 12-4 x 10-2 OF THE PROPOSED 10.28 ACRE OFFICE AND CORPORATION YARD DEVELOPMENT LOCATED AT 2350 KERNER BOULEVARD. 9. Request for Fee Waiver for Planning Division RESOLUTION NO. 10475 Environmental and Design Review Application Fee for the Construction of Storage Facilities at the Trips for Kids Facility Located at 610 Fourth Street (CD) - File 9-10-2 x 10-2 RESOLUTION WAIVING PAYMENT OF FEES FOR THE ENVIRONMENTAL AND DESIGN REVIEW PERMIT APPLICATION (ED 99- 37) TO CONSTRUCT ADDITIONAL STORAGE FOR TRIPS FOR KIDS YOUTH BIKING PROGRAM LOCATED AT 610 FOURTH STREET. 10. Reappointment of Sarah Haynes and Ben Lowe for an Approved staff recommendation: Additional Six -Month Term to the North San Rafael Reappointed Sarah Haynes and Vision in Action (VIA) Committee. Appointment of Ben Lowe for additional six - Mark Travis, Manager of Information Technology at month terms and appointed Guide Dogs for the Blind, to Replace Kacy Quinley, Mark Travis to the North San Who Resigned From the Committee on July 7, 1999 Rafael Vision in Action (VIA) (CD) - File 9-2-52 x 238 Committee. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None The following item was removed from the agenda for further discussion: 7. RESOLUTION APPROVING AMENDMENT TO PRIORITY PROJECTS PROCEDURE (PPP) FOR SRCC MINUTES (Regular) 8/2/99 Page 2 SRCC MINUTES (Regular) 8/2/99 Page 3 IMPLEMENTING THE SAN RAFAEL GENERAL PLAN CIRCULATION ELEMENT POLICIES C-2, C-3, AND C-7, AND PROGRAM C -b. PROCEDURE TO BE IMPLEMENTED FOR CIRCULATION IMPACTED AREAS OF BELLAM BOULEVARD/I-580/HIGHWAY 101 (EAST SAN RAFAEL), FREITAS PARKWAY/HIGHWAY 101, AND LUCAS VALLEY ROAD/SMITH RANCH/HIGHWAY 101 (NORTH SAN RAFAEL) (CD) - File 115 (PPP) x 11-1 x 11-16 Mayor Boro announced Chamber of Commerce President and CEO Elissa Giambastiani had requested the opportunity to comment on this item. Elissa Giambastiani, President of the San Rafael Chamber of Commerce, stated this amendment appeared to be a relatively minor change to the Priority Projects Procedure; however, as she read the amendment, she noted two sections she believed warranted discussion. The first was Policy C-7, which states, "...affordable housing, high tax generating uses, or needed neighborhood serving uses" would receive priority on projects applying through this method. She stated the Chamber of Commerce did not have any quarrel with those priorities; however, she noted high -tax generating businesses generally create jobs that are at the lower end of the pay scale, and she believed it might be valuable to discuss whether the City might also give priority to businesses that create jobs at the high end of the pay scale, so those employees could actually afford to live in San Rafael. Ms. Giambastiani noted that when referring to "high -tax" businesses, except for automobile dealerships, that usually means retail businesses, and generally, retail jobs do not pay at the top end of the scale. Therefore, she was suggesting Council add another category as a priority, because the more retail jobs the City creates, the greater the gap being created between the jobs/housing balance. She believed that while the City keeps trying to create more housing, we were also creating more jobs that do not pay people enough to live here, and she wondered if perhaps there might be another category for high-tech jobs, or information technology jobs, because she believed that by continuing to give priority to those businesses creating lower level retail jobs, we continued to increase that imbalance. Referring to the exceptions to the Priority Projects Procedure, Ms. Giambastiani cited Section 1.1 (h), which reads, "Construction of projects containing exclusively low income affordable residential units". She believed it was quite unlikely the City would have any projects that were exclusively low-income, affordable residential units, and asked if it would be possible to encourage the development of affordable units by reducing the exclusivity, and whether projects could be exempt from the PPP if they provided 40%, or 50% of the units at affordable levels? She felt it might encourage a creative developer to build a project of this type if an exemption could be guaranteed. Councilmember Cohen state the ideas suggested by Ms. Giambastiani referred to General Plan amendments, as opposed to the procedural actions now being proposed on this agenda. He agreed with the comment concerning the need to include some kind of priority for high -paying jobs, noting the issue then became how to describe that. He recalled this was something he and Mayor Boro had discussed when they were on the Planning Commission, when the current General Plan had been adopted. Mr. Cohen stated he would like, at least during the General Plan update, for staff to work on that, and try to come up with a definition that could be incorporated. Regarding housing, he noted affordable housing was something that would provide a good basis for an application for PPP, and he believed that if the City actually had a developer who came forward and offered 40%, that project would be virtually guaranteed to "win in the competition". He stated that kind of incentive was already there. Regarding the other suggestion, he did not feel that was something the Council could address at this time, but hoped and expected staff would address it over the coming months, as they begin to work on the General Plan. Councilmember Cohen referred to remarks in the staff report, which he acknowledged may or may not directly pertain to the Priority Projects Procedure. The first was on Page 3, Item 2, concerning the discussion of current traffic and Level of Service conditions in North San Rafael. He stated he was struck with a sentence in the middle of the paragraph which reads, "The intersection of Las Gallinas Avenue and Nova Albion currently operates at level of service 'F', in both the AM and PM peak hours. Signalization of this intersection is recommended as an improvement in the San Rafael General Plan 2000; however, traffic signal warrant studies do not justify the signalization at this time". Mr. Cohen felt those two statements were contradictory, noting we have an intersection operating at Level of Service "F", or "Unacceptable", yet we cannot justify signalizing SRCC MINUTES (Regular) 8/2/99 Page 3 SRCC MINUTES (Regular) 8/2/99 Page 4 it in a way we already believe would resolve the issue. Traffic Engineer Nader Mansourian explained Level of Service calculations were based upon the turning movement complex in a one hour period; however, he noted it was very different when they needed to analyze for signalization, as that was an eight-hour analysis of the number of movements that conflict. Mr. Mansourian reported that for the past two or three years staff has watched this intersection, and found that the AM/PM peak had a higher volume of cars, and then that volume dropped off; therefore, throughout the day, the intersection is working fine with only an all -way stop. Mr. Mansourian pointed out that with an all -way stop, the Level of Service calculations always show a worse case than it actually is. Councilmember Cohen noted the intersection failed to meet the City's standards at both the AM and PM peak hours. Mr. Mansourian acknowledged the delays per vehicle were longer during those two periods. Mr. Cohen asked if signalization would solve that issue? Mr. Mansourian stated it would, but pointed out that intersection had a unique problem. He explained it was too close to Arias Street and Nova Albion, and if the City were to signalize the intersection of Las Gallinas and Nova Albion, we would have to signalize Arias Street, as well, because of the queuing for those cars travelling westbound or southbound, which would back up to the signalized intersection. Mr. Mansourian stated staff continued to monitor the operation of this intersection. Councilmember Cohen referred to the Oakview project in North San Rafael and asked, even though this was a County project, and the City agreed it would not be annexed and would remain part of the County, did this project have to compete in the PPP, with the City having the right to allocate trips to it, or not, depending upon how it competes? Mr. Brown stated that was correct. Mayor Boro referred to the comments made concerning PPP Policy C-7, and the changes in criteria, and asked, even though this was something the Council could not change at this time, could it be considered during the General Plan update in the ensuing months? Mr. Brown stated he would concur in terms of modifying the high priority projects that can be granted PPP; however, referring to the suggestion regarding the change in exemptions, he noted the exemptions were actually an administrative component, and were not contained in the General Plan. Therefore, the issue concerning increasing the amount of affordable housing in a project that could exempt it from PPP was something that could be modified at this point. Councilmember Cohen asked Mr. Brown to review that issue in the future to see whether this was a policy the City might want to modify, and if so, where the City should set the mark in order to continue to encourage affordable housing. Councilmember Heller referred to Item #3 on Page 3, regarding fuel pump additions to Wendy's Restaurant, located on Andersen Drive. She asked what this involved? Mr. Mansourian stated it was his understanding the applicant wished to remove some of the parking spaces in his parking lot, and install gasoline pumps. Ms. Heller asked if it would be a service station, and Mr. Mansourian stated it would. Ms. Heller asked if those plans had already come to the City? Mr. Brown stated there have been no approvals, nor has he seen a schedule for internal review, as yet. Councilmember Cohen moved and Councilmember Phillips seconded, to adopt the Resolution. RESOLUTION NO. 10476 - RESOLUTION AMENDING RESOLUTIONS NO. 7853, 8071, 8313, 9331, 9418, AND 10162 ESTABLISHING PRIORITY PROJECTS PROCEDURE FOR IMPLEMENTING THE SAN RAFAEL GENERAL PLAN 2000 CIRCULATION ELEMENT POLICIES AND PROGRAMS. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SPECIAL PRESENTATION: 11. PRESENTATION OF A PLAQUE TO CHIEF SANCHEZ AND THE SAN RAFAEL POLICE DEPARTMENT THANKING THE CHIEF AND THE DEPARTMENT FOR PUTTING THE SAFETY AND WELFARE OF THE SAN RAFAEL CHILDREN FIRST - ALWAYS (PD) - File 102 x 9-3-30 Barbara Smith, Superintendent of San Rafael City Schools, stated she was honored to come before the City Council on behalf of the San Rafael City School District, its Board of Trustees, employees, and teachers, as well as SRCC MINUTES (Regular) 8/2/99 Page 4 SRCC MINUTES (Regular) 8/2/99 Page 5 the parents and children, to publicly thank Chief Sanchez and the San Rafael Police Department for their consistent support to the City's schools. She noted one might assume that level of support was ordinary; however, she stated it was not, noting that having come from other communities, she was astounded, almost on a daily basis, by the work the San Rafael Police Department is doing in the City's schools, and the way in which Chief Sanchez has reached across their various roles to become a true colleague, allowing them to work together on behalf of the children. Ms. Smith believed the people of the community were genuinely blessed to have such a professional and caring Police Department, which truly makes the safety of children a high priority. She noted that in the wake of the Columbine tragedy, the community was reminded, in very clear terms, how the Police Department was right by their side when the City had its own little copycat episodes, as they did across the State and Nation. She reported that during some scary moments, those working with the schools had felt very reassured by the presence of the Police Department. She noted at one point, after an anonymous telephone call, the Police Department made extraordinary efforts to help identify the caller, and to make it very clear that this kind of behavior would not be tolerated. In addition, beyond the safety issues, Ms. Smith referred to the way in which Chief Sanchez and his Department collaborate with the School District. She noted that currently there were grant applications pending, and also reported the Youth Services Program, which provides support and counselling to the parents of children who are experiencing problems in the community and at school, has been making a huge difference. Ms. Smith stated the School District and the Police Department were meeting consistently to discuss ways in which they can work together on behalf of the children, noting just today she had received information from Chief Sanchez concerning the possibility of putting in a Police Academy Program as part of the School to Career Program in one of the High Schools. She believed this would really serve the students, and help San Rafael grow its own Police Department from its own youth, and noted she and Chief Sanchez would be visiting a school where this program was established. Ms. Smith stated it was a real pleasure to work with this kind of professionalism, and genuine commitment to the schools. She reported that although she had already presented a plaque to Chief Sanchez at one of the School Board meetings, she wanted to present it to him publicly, before the City Council. Reading from the inscription on the plaque, she quoted, "Thank you for putting the safety and welfare of San Rafael first and always.... To honor Chief Cam Sanchez and the San Rafael Police Department. By word and deed, you presence in our schools creates a safe and caring environment for our children". Chief Sanchez accepted the plaque, thanking Ms. Smith, stating it was a pleasure to work with her and all the children. He recalled that two and a half years ago, when he arrived in San Rafael, the Council's priorities were children first, and safety and parks, and he believed the Police Department had met a lot of the goals with regard to the children. He thanked the Councilmembers for their support and direction with their priorities, enabling the Police Department to do this, stating he felt the plaque belonged to the Police Department, and all the people who do this on a daily basis. 12. PRESENTATION OF RESOLUTION OF APPRECIATION TO CINDY MOSSER, ACCOUNTANT, EMPLOYEE OF THE QUARTER FOR PERIOD ENDING JUNE 30, 1999 (CM) - File 102 x 9-3-20 Mayor Boro explained that several years ago the City began the Employee of the Quarter program, whereby the City's employees choose someone they feel best represents the qualities they look for in a fellow employee. He stated one employee is chosen each quarter, and they receive recognition by the Council, and a $100 bill. Once a year at the City's annual dinner with the Chamber of Commerce, one of the employees chosen as Employee of the Quarter is chosen Employee of the Year, and receives $500. Mayor Boro introduced Cindy Mosser, Accountant, selected as Employee of the Quarter for the period ending June 30, 1999, having been recognized by her fellow employees for the outstanding job she has done. He noted what was significant in Ms. Mosser receiving this award was the fact that she has only been with the City for a couple of years, yet the employees recognized not only her talent and her ability, but also the fact that she is always smiling, always working very hard, and has made a great contribution to the City of San Rafael in a very short time. On behalf of the Council, Mayor Boro congratulated Ms. Mosser, presenting SRCC MINUTES (Regular) 8/2/99 Page 5 SRCC MINUTES (Regular) 8/2/99 Page 6 her with a Resolution of Appreciation, and thanking her for her contributions to the City. Cindy Mosser, Accountant, thanked the Council, stating it was a great honor to have been chosen Employee of the Quarter. She noted the City of San Rafael was a wonderful place to work, her bosses were great, and her co- workers were wonderful. PUBLIC HEARING: 13. PUBLIC HEARING - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT: RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1999-2000 (PW) - File 6-48 Mayor Boro declared the public hearing opened, and asked for the staff report. Public Works Director David Bernardi explained the Resolution before Council would set the annual assessment for the Baypoint Lagoons Landscaping and Lighting District. He stated a description of the work for the upcoming year was included in the Engineer's Annual Report, and noted that this year, as a result of input from residents within the District, the work to be done was described as "cattail removal". Mr. Bernardi reported the current proposal was to utilize the collected assessments to incrementally remove the cattails from the pond, explaining the District raises approximately $15,000 annually to do this work; therefore, it would take a period of time to remove all the cattails. Mr. Bernardi noted staff has had estimates of between $70,000 to $100,000; however, once Council approves the Resolution, and provides direction on another matter, staff would be able to fine-tune that estimate, and return to Council with a much better recommendation as to the cost. Mr. Bernardi noted it has been suggested the Council advance funds to do this work all at one time. He clarified the advancement of those funds was not the subject of this public hearing; therefore, staff was asking Council to conduct the public hearing regarding the amount of the assessment, and act on that. Then, after the public hearing has been closed, Council could engage in discussion regarding whether or not they wish to direct staff to return to Council with the pros and cons of advancing the funds. Mr. Bernardi stated the City Attorney's office and the Bond Counsel had some concerns generated by Proposition 218, regarding the advancement of these funds, and the ability of the City to be paid back, over time. Mayor Boro felt there was one other issue, as well. He pointed out the cattails were not, necessarily, all in this one assessment district, but were also in another part of the lagoon where there was no assessment district. Therefore, there was a question of how the funds would come about to take care of the cattails in that location, as well. Mayor Boro felt the second phase for discussion, if the Council wished, would be how to prudently spend not only these dollars, but other dollars as well, to deal with this problem on a comprehensive basis. Councilmember Cohen pointed out, in looking at the material before him, Council was being asked to confirm the assessment, but the amount of the assessment was not included in the staff report. Mr. Bernardi stated that was correct, noting the dollar amount of the assessment had not changed since the District was formed. Assistant City Manager Ken Nordhoff reported the assessment was approximately $27,000 for all the property owners. Mr. Cohen clarified the Council was only being asked to renew the assessment, not increase it, and it was the same assessment that has been in place for years. Mr. Bernardi stated that was correct. Mr. Cohen noted that information had not been included in the staff report which was available to the public, and while Mr. Nordhoff had pointed out it had been included in the Engineer's Report, Mr. Cohen felt that information should be incorporated in future staff reports. Mayor Boro invited public comment. Jean Sward, President of the Baypoint Lagoons Homeowners Association, and Tyrone Cannon, Vice -President, addressed the Council. Ms. Sward reported they have been meeting with Mr. Bernardi to discuss how to handle the removal of the cattails from the lagoon, noting the lagoon was turning into a marsh. She distributed a petition signed by residents of Baypoint Lagoons, which reads, "We, the undersigned residents of Baypoint Lagoons and members of its homeowners association, request that the Mayor and City Council of San Rafael take prompt and effective action to remove the cattails currently proliferating in the Spinnaker Lagoon, and take appropriate steps to control and limit their future growth". She noted SRCC MINUTES (Regular) 8/2/99 Page 6 SRCC MINUTES (Regular) 8/2/99 Page 7 they had collected over 100 signatures. Ms. Sward also pointed out the residents of Spinnaker Point, located at the north end of the lagoon, where the cattails are also a very large problem, were not assessed; however, Ms. Sward reported those residents were looking at ways to raise private money to help fund the removal of the cattails at their end of the lagoon, since they have never had to pay the tax the Baypoint Lagoon residents have had to pay. Mr. Cannon stated he felt the majority of the Baypoint Lagoon residents had purchased their homes in that location because of the beauty of the lagoon, and its proximity to the Bay. He noted this one issue had brought the two Homeowners Associations together, reporting they had formed a sub -committee to work on this issue, representing both the Baypoint Lagoons residents, and residents of Spinnaker Point. David Lee, President of the Spinnaker Point Homeowners Association, read the following statement: "The Spinnaker Point Homeowners Association, through the Spinnaker Point Environment Committee, strongly supports the recommendation of David Bernardi and the Public Works Department that the City utilize the assessments from the Baypoint Lagoons Landscaping and Lighting District to remove the cattails from the lagoon. Furthermore, they support the consideration of the suggestion that the City advance the funds, subject to options and recommendations of staff, to complete the work at one time, utilizing methods of mechanical or hand removal, after August 1st, as recommended by Wildlife Biologists as being most protective of the environment and wild fowl. Inasmuch as Spinnaker Point is not part of the Landscaping and Lighting District, yet has a vital interest in the preservation of the health and beauty of the lagoon, concerned residents have formed the Spinnaker Point Environment Committee, and have established the tax-deductible Spinnaker Point Fund of the Marin Community Foundation (which he noted was already in place, reporting they had already raised substantial funds). The purpose of the Fund will be to engage in non- profit, charitable, and philanthropic activities in the Spinnaker Point area. Fund raising is underway at this time, and the immediate purposes would be the immediate removal of the cattails and maintenance, followed by planting and landscaping of local traffic islands. We would anticipate later, ongoing philanthropic contributions to the broader San Rafael community. For your information, Spinnaker Point obtained quotes in July and October of 1998 for mechanical removal of the cattails, from Waterworks Industries, Inc. and Aquatics Unlimited, of $51,654, including removal from site, and $66,275, respectively. Maintenance costs were $300 and $1368 per month, respectively. An additional estimate for removal by hand should be forthcoming from Pacific Open Space of Petaluma. We will be happy to share these proposals, and any other information we obtain, with your staff, and we thank you for your thoughtful consideration of this matter". Mayor Boro clarified the issue now before the Council was the issue of the tax levy, and whether or not the City should levy the tax. He noted an additional point had been made by the three speakers, following-up on the point made by the Public Works Director, which was that as soon as it can, the City will come up with a comprehensive approach as to how to deal with the problem of the cattails in the entire lagoon, and how that might be financed. He stated that issue would be brought back to Council, and would not be pursued at this time, as the City did not yet have the answers. He reiterated the City wanted to spend the money from the assessment district prudently and wisely, and ensure that once the City attacks the problem, it does not come back. Joani Mizrack, resident of Spinnaker Point, called attention to the birds and wildlife that live in the cattails. She acknowledged studies had been done; however, she wanted to be assured that the wildlife was protected. She noted it has been said that the City of San Rafael owns the lagoon, but she believed it belonged to the planet first, and that all inhabitants needed to be protected. She stated she was also concerned about the algae that seems to be spreading within the lagoon, and its danger to the inhabitants of the water. Mayor Boro noted that was a good point, stating the City would have to deal with the environmental issues when it develops a plan for the lagoon. Melanie Kramer, resident of San Rafael, referred to Gifts of Public Funds, pointing out there were ways of doing the removal with public money, even in an area that was not paying for the assessment. Commenting on the environmental issue, she stated that in addition to the lagoons and birds, people lived here, and the land had been developed as it has for a reason, and people's homes were on the water because they wanted to use the water. She noted this was an existing situation in which people love and appreciate the accessibility to the Bay. SRCC MINUTES (Regular) 8/2/99 Page 7 SRCC MINUTES (Regular) 8/2/99 Page 8 Tyrone Cannon reported that in the process of working with Public Works Director Bernardi, and also the Marin Audubon Society, the Committee had been very sensitive to the ecological concerns regarding the lagoon, the birds, and other wildlife. Randall Smith, resident of Baypoint Lagoons, noted the mechanical removal of the cattails had been discussed; however, he believed there might be methods of removal other than mechanical. He stated he had moved from a county back East in which there were over 200 lakes, and they used to seed the cattails with something that was environmentally safe, and did not harm the birds, fish, or other wildlife. He noted it had been a very cost effective way of getting rid of the cattails. Mayor Boro stated the City was pursuing ways in which to do this by hand and by mechanical means, and if there was a way to do it with some type of chemical that was effective and would not hurt the environment, the City would pursue that, as well. There being no further public comment, Mayor Boro closed the public hearing. Mayor Boro noted the City would send notices to the two Homeowner Associations, informing them when this issue was next scheduled to be heard by Council. He asked Mr. Bernardi when he felt staff would be ready to return to Council with recommendations? Mr. Bernardi stated that in order to do a good job and gather the needed information, and also allow staff to meet with the residents of both Baypoint Lagoons and Spinnaker Point before returning to Council, he felt they needed approximately sixty days. He noted staff would meet with the Homeowner Associations' sub -committee, and then come back to Council with recommendations. Councilmember Cohen noted staff had asked for direction, particularly with regard to the issue of advancing funds, and stated when staff returns to Council, he would like to hear about Proposition 218 impacts of doing that. He noted he would be interested in anything that gave the City the ability to do that, and to deal with the problem, rather than nibbling away at it over a period of years. He stated he would also be sensitive to any Proposition 218 impacts concerning the City's ability to be paid back, particularly for the portion where the assessment district is. In addition, he felt the Council should discuss the Public Policy issue of the City's participation, noting he did not believe the Gift of Public Funds was an issue in this case, as this was not privately held land. Mr. Cohen believed the City should look at dealing with the whole problem, noting if the cattails are removed from only one portion of the lagoon, the problem obviously will not have been dealt with. Mr. Cohen raised another point, which he noted, to a certain extent, dealt with the environmental concerns that had been raised, but on a slightly different level. He stated it was his recollection the City had made a series of decisions within the Lagoons Management Plan which had brought us to the present situation. He stated he would like a "refresher course" on those earlier decisions. He noted one of the issues was that it might make sense to not only remove the cattails, but also revisit some of those earlier decisions and deal with the underlying cause of why we suddenly have cattails in the lagoon, when we did not have them before; otherwise, he believed the City would remove the cattails, and they would just come back, and this would become something the City would have to continue to deal with. Mr. Cohen felt perhaps the City might want to look again at the decisions that had led the City to change the environment such that we now have the cattail problem. He believed that in addition to how this would be funded, and how the problem would be handled, staff and Council should also get more information about what had caused the problem. Councilmember Miller stated that when searching for funding options, he would appreciate it if staff would also search out the availability of grants, perhaps even funding a person to research grant funding and also develop the request. Mr. Miller noted that during a visit to observe the lagoon, he had mentioned to David Lee, President of the Spinnaker Point Homeowners Association, that it would be well if the residents of Spinnaker Point would encourage and offer the opportunity to the Developer of their area to contribute, as well. Councilmember Heller stated it was her recollection that the assessment was collected yearly, in order to keep the health of the lagoon at a certain level. She asked if some of that money would still be used to continue monitoring the lagoon, or would all the money be needed just to remove the cattails? Mr. Bernardi stated the current description of the work addressed using the money for the next two years to do nothing but remove cattails. He stated, if the program was to be done incrementally, then at SRCC MINUTES (Regular) 8/2/99 Page 8 SRCC MINUTES (Regular) 8/2/99 Page 9 the end of that two-year period, the City would want to step back and see how effective the program was. However, if this was to be done as one big project, then next year the City could study the effects of what it had done. He explained that under the current set-up, the City would be preparing a Pond Management Plan, and monitoring the change from a brackish, saltwater habitat, to a freshwater habitat, noting this was what had been happening. However, the message the City has been getting is that the City already has a lot of reports and studies, and now it needed to take some action and spend the money to remove the cattails. Mr. Bernardi stated that if the Council determines it is appropriate to advance the funds, and get paid back appropriately through the Assessment District, then Council could set aside some of those funds, and instead of getting paid back over a six-year period, perhaps get paid back over an eight-year period. Councilmember Phillips referred to Part B of the Engineer's Report, which addresses the estimated costs. He noted this was a schedule of annual revenues received and expenditures made, and it appeared as though, during the first year, there was $27,000 in and $27,000 out; however, he pointed out the staff report states the District raised approximately $15,000 annually. Mr. Bernardi explained the other funding was used to pay the Bond Counsel, for preparation of the Engineer's Report and the legal review of the Assessment District. Mr. Phillips noted after the sixth year there was an amount carried forward of approximately $10,000, and asked if that was because the City had not maintained the lagoon to its previous level? Assistant City Manager Nordhoff noted that was an accumulation of funds since the formation of the District, representing unspent monies not used for such things as legal and engineering requirements. He stated that if, as part of the analysis, those are determined to be discretionary funds, they would be applied as part of the cattail eradication process. Mr. Phillips also noted that in the seventh and most recent year, 1998/99, he saw the same pattern, with $18,000 for the actual pond, and incidentals of another $11,000, for a total of close to $30,000. However, he noted the total anticipated seventh year expenses were $35,000. He asked if that reflected the use of the $10,000 carryover? Mr. Bernardi stated that was correct. Mr. Phillips asked if that amount was, in fact, going to be spent, or if there would be some money that could be directed toward this particular project? Mr. Bernardi stated that money would be directed to the cattail project. Mr. Phillips stated that when discussing the proposal being presented this evening, they were really talking about keeping the assessment in place with approximately the same amount as it has been running in the past, noting it was staff's opinion that this has been adequate to maintain the lagoon, with the exception of the cattails. Therefore, he wondered if the assessment should be increased, if the City expects the cattails to be an ongoing problem, even after they are eradicated and may perhaps, for a time, come back? Mr. Nordhoff stated that would be a part of the analysis. He recalled when the District was formed, there were latitudes in how the funds could be spent, and part of what the City was looking at now was applying the funds in a way that was different than when the District was originally formed, when they had not anticipated that perhaps there would be a cost of over $100,000 that would have to be divided over so many years and recovered. He noted there were limits under Proposition 218, which would be addressed in staff's next report, that were going to limit the City from raising those assessments, as that burden now falls on the District, and the property owners within that District. Mr. Phillips asked how much latitude the City had? Mr. Nordhoff stated the City had no latitude, and in order to come up with a comprehensive funding solution, the City would have to look beyond the current Assessment District. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution confirming the diagram and assessment, and levying assessment for fiscal year 1999-2000. RESOLUTION NO. 10477 - RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT AND LEVYING ASSESSMENT FOR FISCAL YEAR 1999-2000, BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972). AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 8/2/99 Page 9 SRCC MINUTES (Regular) 8/2/99 Page 10 Mayor Boro stated Public Works Director Bernardi would be working with representatives of the two Homeowners Associations and members of the community during the next sixty days, and would then bring this issue back before the Council for a full public review. ADD ITEMS: 15a. REQUEST FOR COUNCIL ACTION RE: PLACEMENT OF A "CIGARETTES CHEAPER" STORE AT SANTA MARGARITA AND FOURTH STREET - File 10-1 x 10-2 x 13-1 Mayor Boro announced the Council would now address an item regarding a subject the Council had become aware of over the past week or two, regarding the possibility of a store moving into San Rafael, exclusively selling cigarettes. Mayor Boro asked Community Development Director Bob Brown for an update, including what the City's options may or may not be regarding this issue. Community Development Director Bob Brown first apologized for his misinformation in the Friday Memo, noting the City had received an application for a Business License for "Cigarettes Cheaper", and he had been unaware that the application had not been forwarded to the Planning Division for evaluation at the time that he wrote the memo. Mr. Brown reported that on July 16th the City received an application for a Business License for this location at 2222 Fourth Street. He clarified the issuance of a Business License was a ministerial process, and the City did not utilize any discretion in issuing Business Licenses, noting it was simply a mechanism for revenue collection, and the City utilized the process to evaluate the zoning allowances for a particular site. Mr. Brown noted this particular Business License had been applied for as a cigarette retailing store, and in that particular Zoning District, retail activities are a permitted use. Therefore, the City did not have, under current zoning regulations, the ability to use any discretion in whether or not to issue the permits. Mr. Brown reported staff did notice construction activity was occurring in the building, and the City has since issued a Stop Work Notice. He stated the owners have been notified of the need to secure a Building Permit for the interior modifications to the store, which they had apparently already initiated. Mr. Brown pointed out that in 1993 the City Council approved a very restrictive Smoking Ordinance, and as part of that Ordinance, there are limitations on tobacco sales. He noted, specifically, the regulations do not allow self-service merchandizing, and there are also restrictions concerning notification regarding the required age to purchase, and appropriate signage. Mr. Brown stated staff would normally anticipate that a Business License would be issued within approximately 4 weeks, pointing out that in this case, their application was approximately 2 weeks old. Mayor Boro invited public comment. Carolyn Rossi, resident of San Rafael, believed "Cigarettes Cheaper" encouraged smoking among younger people, and had a record of selling to minors, noting they had been cited in Marin City for selling to minors. Ms. Rossi stated concerned residents of the West End opposed the opening of "Cigarettes Cheaper", and felt that by granting them a license, the City was taking away the democratic choice of the neighbors. Ms. Rossi requested the City carefully review all the options before granting a license to "Cigarettes Cheaper", noting Marin County had one of the strictest Smoking Ordinances. She asked the City to call a moratorium on the licensing of tobacco stores in San Rafael, until a careful review has been made of "Cigarettes Cheaper"; and also consider the option, as stated in the Marin Independent Journal, of having an Emergency Ordinance approved by the City Council, changing the tobacco zoning regulation. Ms. Rossi thanked her fellow West End neighbors, as well as some of the merchants, who were in attendance. Maureen Ketchum, Executive Director of the Youth Leadership Institute, explained her organization also staffed the Marin County Youth Commission and the Marin Tobacco Coalition for young people in the County. Ms. SRCC MINUTES (Regular) 8/2/99 Page 10 SRCC MINUTES (Regular) 8/2/99 Page 11 Ketchum reported that in March of this year they conducted a buying survey in Marin County, and found that 46% of the retailers sold tobacco products to young people, while only 11% had sold to them the prior year. She stated they knew, from the Department of Public Health, as well as their own research, that availability was the number one indicator, next to price, which drives a product that addicts young people. She noted they had worked very hard in this community, and they were very concerned that just blocks away there was another retailer about to open and sell products to young people. Gina Rivera, of the Youth Leadership Institute, and Program Coordinator for a Countywide program called Friday Night Live, stated they have had the opportunity to work with young people throughout the County. She noted their building shares space with the Teen Center, and there are frequently a lot of young people at their building, as the building has five different youth -serving organizations. She stated it definitely concerned them that just down the block, young people will have access to purchasing cigarettes. Ms. Rivera reported they have heard that "Cigarettes Cheaper" sells to minors, and she wanted to share that message with the Councilmembers, and urge them to reconsider having "Cigarettes Cheaper" brought into San Rafael. Anne Jefferson, who works as a community organizer at the Marin Institute for the Prevention of Alcohol and Other Drug Programs, presented information to Council in support of the concerns expressed by the West End Neighborhood Association regarding the impending establishment of "Cigarettes Cheaper" in San Rafael. Ms. Jefferson stated she was also speaking as a concerned resident of Marin City, who has experienced "Cigarettes Cheaper" in that community. She referred to the information packet distributed to the Councilmembers, which contained information in three basic areas. The first section contained a description of "Cigarettes Cheaper", and two examples of the "Cheaper" core beliefs, which are disseminated to customers through newsletters and "bagatorials". The second section contained articles and press releases regarding the concerns of San Rafael residents, and also the press release of the study conducted by the Youth Leadership Institute, which indicated the relative ease of youths' ability to purchase cigarettes. She reiterated that survey had found that her local "Cigarettes Cheaper" outlet in Marin City was guilty of selling to minors, not just on one occasion, but on two, and reported there were activists in Marin City who were also working to remedy that situation in their community. She stated the Youth Leadership Institute information was followed by information from the Oakland City Council, and an article which had appeared in the Oakland Tribune last week, where a great deal of furor was taking place around "Cigarettes Cheaper's" violation of Building and Zoning Codes. She noted residents in San Rafael were not alone in raising their voices and concerns about the business practices of this organization, pointing out the City of Oakland would be addressing this issue at their City Council meeting on August 9th. Ms. Jefferson reported this section also contained a resource sheet from the Technical Assistance Legal Center, which is part of the Berkeley -based Public Health Institute. She explained they were addressing the larger - context issue of licensing establishments that sell tobacco, and were working with communities throughout the Bay Area, and across the State and the Nation, to help them in gathering resources. She stated they had a copy of a model Ordinance available, as well as copies of Ordinances that have been passed in other communities. Ms. Jefferson stated she had recently attended a CDC sponsored conference in Atlanta, Georgia, reporting there was a growing trend among communities to do this kind of licensing of these establishments, and treat them in much the same way as alcohol establishments are treated. Ms. Jefferson stated the third and final section of the information packet contained articles dating back to 1983, which note the connection between discount cigarette outlets and increased rates of usage, which she believed was critical, not only for young people, but for the health of the entire community. Ms. Jefferson urged the Council to listen carefully to the voices of those who will be most impacted by this establishment, and at the very least, take more time to consider and weigh the real so-called benefits, as well as the potential costs, of bringing "Cigarettes Cheaper" to this location. Albert Lozano, resident of Santa Margarita Drive in West San Rafael, commended Councilmember Cohen for his sensitivity and willingness to listen to the concerns of the residents of the West End Neighborhood regarding the SRCC MINUTES (Regular) 8/2/99 Page 11 SRCC MINUTES (Regular) 8/2/99 Page 12 cigarette issue. He encouraged Council to carefully review the permit, and keep in the forefront of their consideration the welfare of the young people, and the quality of everyone's standard of living, and to carefully consider the priorities, and do whatever was necessary to maintain a clean environment for San Rafael's youth. Stewart Summers, 49 West Crescent, stated he was not against "Cigarettes Cheaper", nor against people who smoke; however, he did have a serious problem with this store's location. He noted he was born and raised in the neighborhood, and has since come back and bought a home there, pointing out this was a very family oriented neighborhood. He noted the proposed location used to be a Stop'N Go, and then it was a Stop'N Shop, and he felt those were more appropriate businesses for that location, something that served the community in more ways than just selling cigarettes. He stated he put a cigarette store in the same category as opening a liquor store at that location, or even an adult bookstore, because it is an adult product, and he did not believe it was appropriate for this location. Spirit Wiseman noted she works with Marchant Chapman Realtors on the Miracle Mile, and reported she, and many people in her office, felt very strongly that this business was out of character for the neighborhood. They believed that, over time, it would cheapen the neighborhood, which would affect property values. She felt that anyone who would portray their business with the quote, "Smoking shows people you are your own boss", showed a questionable moral fiber. Ms. Wiseman noted San Rafael had made some tremendous changes to its image, and there were many things that have happened over the past several years that were going very well, and she felt that to bring in a cigarette store seemed very sad. Larry Manning, resident of San Rafael, urged the Council to exercise its authorities and powers under the Police Powers to prohibit this license, because it adversely affects public welfare, morals, and health. He stated there were well-known effects of cigarette smoking, as well as the cost to all the citizens for health insurance, and he felt there was no place for this kind of store in the community. Mark Machado, 54 West Crescent Drive, reported he had been pleased to think he would soon be able to walk to the store with his young son and buy fresh milk or fresh bread. However, he has now found that this location is to be a cigarette store, and did not believe that was the right thing for their neighborhood. He urged the City Council to carefully review the issue, and make certain the right thing will be done. Kathryn Rossi, neighborhood resident, pointed out there were two high schools barely four and a half miles away, plus the College of Marin, and in addition, she noted there was a bus stop on the corner. Ms. Rossi stated a lot of kids in her school smoke, and she did not want to see a cigarette store open at this location, as she believed that as soon as kids knew there would be a cigarette store that was willing to sell to minors, they would take advantage of that. She noted this was also starting to become a problem with the middle school, pointing out St. Rafael's was not very far from this location. Ms. Rossi believed "Cigarettes Cheaper" was trying to get into an area where they knew there would be a lot of kids to sell cigarettes to, and once they have them hooked on cigarettes, their profits will skyrocket. Ms. Rossi stated she believed a "Cigarettes Cheaper" store would ruin their community. Melanie Kramer, resident of San Rafael, stated this was the residents' neighborhood, not theirs (Cigarette Cheaper's"), and she believed this was where they had to draw the line. She stated she would like the City to seriously revisit the issue of whether permits and business licenses were such that someone simply pays the fee and gets the license. She believed the real issue was the quality of life in the place people love. Ms. Kramer noted they had already begun building without having a license, which she felt made a very clear statement about what kind of neighbor they were going to be. She urged Council to try to solve this problem now, at a level the City and the neighbors can live with, and these people will know they are not welcome. Brian Walsh, resident of Tamal Vista Drive, stated he was a Physician Assistant in surgery, and wished to present recent medical facts from the Surgeon General's Advisory Committee Report. He reported the following facts: 1) Smoking has been found and identified to be the most preventable source of morbidity, mortality, and premature death in this Country, and it is preventable; 2) The EPA (Environmental Protection Agency) has designated cigarette smoke as a Class A carcinogen, and there is nothing more potent in initiating and proliferating tumor growth in the human body than a Class A carcinogen; 3) In the United States, a half -million people die each year SRCC MINUTES (Regular) 8/2/99 Page 12 SRCC MINUTES (Regular) 8/2/99 Page 13 from cigarette associated diseases, which is one out of five people; 4) 90% of chronic smokers, which is defined as one pack of cigarettes per day, began smoking before they were 21 years old. Mr. Walsh reported the cigarette industry was secondary only to the automobile industry in their expenses for advertising, noting they target our youth, because they are the ones who will be hooked. Mr. Walsh stated that a business such as this, which trades money for human lives, had no place in this community. Mayor Boro asked Assistant City Attorney Guinan to describe what options the Council may have at this point. Assistant City Attorney Guinan reported there were basically two permits involved with this application. He stated it was his understanding the current zoning permits, without any Conditional Use Permit or any further land entitlements, this type of business to operate at this location. Mr. Guinan stated, in this particular case, the first permit was actually a license, explaining the applicant would have to obtain a Business License, which, as previously described by Community Development Director Brown, was a regulatory tax, designed only to raise money. Mr. Guinan noted that for many years, in many cases that have been contested, it was very clear that this regulatory license tax is ministerial, and it cannot be used to regulate other activities under the Police Power. Referring to the second required permit, Mr. Guinan noted the applicant would have to obtain a Building Permit for the interior modifications in the building "Cigarettes Cheaper" intends to open as their store. Mr. Guinan reported the applicant has taken the papers necessary to fill -out an application; however, he did not believe they had submitted their application, as yet. Mr. Guinan explained the Building Permit was also a ministerial permit, which means that if all of the plans they present to the Building Department are in conformance with the Building Code, that the permit would have to be issued. Mr. Guinan stated Council's options were limited. He acknowledged they could consider enactment of a Moratorium Ordinance, addressing the issue of zoning, and where the City wishes to have tobacco sales occur. He explained what would be required would be for Council to refer it to staff to come back before the Council with a determination of what particular facts support the necessity of preserving the public health, safety, and welfare that requires an Interim Ordinance to be enacted. Mr. Guinan pointed out the Council would have to make specific findings in the Ordinance, noting some of the material presented to Council this evening, and additional like material could support such findings to justify the enactment of an Interim Ordinance. Mr. Guinan explained the Interim Ordinance was designed to give Council the opportunity to look at changes in the Ordinance, further explaining the Council could adopt an Urgency Interim Ordinance prohibiting any uses which may be in conflict with the contemplated General Plan, specific plan, or zoning proposal which the legislative body, the Planning Commission, or Planning Department are considering, studying, or intend to study within a reasonable period of time. Mr. Guinan stated the Council could do this without notice and without hearing, noting that first Ordinance would be in effect for 45 days, at the end of which the Council could extend the Ordinance for an additional ten months and fifteen days, and could then extend it on one more occasion for an additional year. Mr. Guinan explained that each time the Council extended the Ordinance, they would be required to make the same or similar findings, based on present conditions at the time. In addition, each enactment would have to be by a four-fifths vote. Councilmember Cohen stated that if the Council were inclined to adopt such a moratorium, given that the City is about to embark on a General Plan Update, he believed they might reasonably expect to be able to make those findings, based upon the testimony given during this meeting, and the facts concerning the City's Planning process. He asked if there was any action the Council might be able to take at this time, in the form of some type of temporary moratorium, that would allow staff to put on the Council Agenda a Resolution with the facts and findings Council would have to make to implement the first forty-five day Interim Ordinance? Assistant City Attorney Guinan stated he was not aware of such an action that could be taken at this time. He noted Council could address this again at the next regularly scheduled City Council meeting in two weeks; or they could set a special meeting, if they so chose, at which time staff could be directed to come back with the particular findings prepared, and an Ordinance including those findings, for Council's enactment. However, without having anything ready at this point, he did not see that there was a way anything could be done at this time. Mayor Boro asked if a moratorium would, in effect, be an Interim Ordinance, SRCC MINUTES (Regular) 8/2/99 Page 13 SRCC MINUTES (Regular) 8/2/99 Page 14 and would ban, specifically, a use dedicated to the exclusive selling of tobacco? Mr. Guinan stated that was correct, although it could also refer to a percentage, depending upon how the Council wished to word the Ordinance. Referring to this particular location on Miracle Mile, Mayor Boro noted he would characterize the retail currently there as local -serving. Community Development Director Brown stated it was currently a convenience market; however, the City did not differentiate in the Zoning Ordinance. Mayor Boro stated that had been his question, because it seemed a store of this type ("Cigarettes Cheaper") would be more regional -serving than local - serving, and that location would then attract people from throughout the region, and be more than just the neighborhood. Mr. Brown explained this location was a Commercial/Office District, and the City did not differentiate between local and regional serving uses; therefore, while shopping centers were precluded, individual uses were not. Councilmember Cohen asked, if the Council were to adopt the moratorium, would it take immediate effect? Mr. Guinan stated that was correct. Mr. Cohen asked, even though the Building Permit and Business License applications might be pending at that point, would Council's action be sufficient to delay the opening of the store until the City had time to study possible revision of the Zoning Ordinance? Mr. Guinan stated it would. Mr. Cohen asked, if the owner were to come to the City within the next two weeks, file an application, and received a Building Permit and Business License, would the Council, at that point, still be able to act, or would that have to be done prior to occupancy? Mr. Guinan stated it was his belief that even if the Council established an Interim Ordinance, it would be more difficult after the owner had obtained his ministerial permits and was in business, because then the City would be in a situation where, even if the Ordinance was subsequently changed, the City was going to have to look at his business as a pre-existing, nonconforming use. Councilmember Cohen stated he understood the difficulties the Council would face if the owner was already in business, and his doors were open prior to Council taking action. He asked, if the owner had received his ministerial permits, and then Council adopted this prior to him receiving a Certificate of Occupancy on his Building Permit improvements, would the City likely be able to apply the moratorium to prevent him from opening his doors while the Council studies the issue? Mr. Guinan stated if the owner was required to obtain a Certificate of Occupancy, and the uses became prohibited because of the Interim Ordinance, he believed the City could stop him from coming in. Mr. Cohen asked, once the owner takes out a Building Permit, does the owner have to construct the improvements, and then at some point the City has to sign -off, verifying the building is fit for the use specified in the Building Permit? Mr. Brown reported the construction that has already been done has been done in accordance with the Building Code. He stated the particular work he believed the applicant would now be requesting was for interior dividing walls, which may not be necessary for their business, and may be elective interior work that is not required. Councilmember Cohen asked what process the City followed when someone, as in this case, begins construction without a Building Permit, and whether anything happened other than the owner receiving a double fee? Mr. Brown stated that was all that happened. Mr. Cohen asked if the City could inspect the building to see whether everything had been done properly? Mr. Brown stated he did not believe the work was that far along as yet, noting he thought the stud walls were still exposed, although he did not know that for certain. Mayor Boro asked, generally, if the Council was going to adopt a moratorium, would the process be to start it with the Council, or with the Planning Commission? Mr. Guinan stated, with an Urgency Ordinance such as this, the Council could by-pass the Planning Commission. He stated it would then be recommended, if the Council was going to extend the Ordinance for a longer period of time, to eventually go back and go through the regular procedure. Mayor Boro reported the Council had a scheduled special workshop meeting noticed for Thursday night, which would be a joint meeting with the Planning Commission. He asked, if Council wanted to pursue the Emergency Ordinance, could the City Attorney's office provide something to Council, and could public notice be made in time for them to pursue this? Mr. Guinan reiterated the Council did not have to give public notice, although this issue could, for noticing, be placed on the agenda for the special meeting. Mayor Boro asked if the City Attorney's office would be in a SRCC MINUTES (Regular) 8/2/99 Page 14 SRCC MINUTES (Regular) 8/2/99 Page 15 position to bring something to Council? Mr. Guinan stated they would. City Clerk Jeanne Leoncini pointed out the City would have to notice a Special Meeting, in addition to the Special Workshop, and the notification would have to be 24 hours in advance. Mayor Boro stated he wanted to point out, in all fairness to the community and their expectations, the City, and the applicant and property owner, that in terms of any liability the City might be exposing itself to, while the Council acknowledged there might be a sentiment to proceed, the Council would want to proceed with caution, so the City could win on this issue, and not find itself with a bigger problem from a legal point of view. Therefore, he stated if the City Attorney's office could bring something to Council on Thursday night, and if they could set the stage that night for the interim 45 days, then after 45 days, if the City found there were issues it did not yet know about, Council would have the option of not extending the Interim Ordinance, or proceeding with further study. He stated that would give Council a little breathing room, noting this had progressed faster than anyone had thought it would; and in fact, until late Friday night, everyone had believed it was going to be a convenience store. Councilmember Phillips asked if this action were to come before the Council on Thursday night, would it require a 4/5ths vote? Mr. Guinan stated it would. Mr. Phillips asked that this item be scheduled after his arrival, noting he might arrive shortly after the meeting was scheduled to begin. Councilmember Cohen stated that after listening to tonight's testimony, he was convinced there have been enough questions raised, in terms of Public Policy issues, to convince him that the City needs to study this issue further, and rather than study it and have the store go into operation, then have to go back after the fact and try to address those issues, he believed it behooved both the City and the prospective business owner and the property owner to get those issues out on the table first, and if that required a moratorium to allow the Council to carefully consider the issues that have been raised, and decide whether or not the City should change them by a Zoning Ordinance, then he felt that was the prudent thing to do. Councilmember Cohen moved and Councilmember Miller seconded, that the City Council call a Special Meeting to consider this issue, and to consider a moratorium on tobacco merchandisers. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None City Clerk Leoncini stated she would notice the meeting for 7:00 PM. Mayor Boro stated that even though the City was not required to do so, he believed it would be prudent to advise the property owner, as well as the business owner, that the Council will hold this meeting, so they are not excluded, and understand what is happening. Harry Winters, President of the West End Neighborhood Association, noted the Association had not yet taken a position on this issue, as they have not had the opportunity to present it to their Board of Directors. However, he noted one of the earlier speakers was the Vice -President of the Association, and he was the President, and they both supported what the City was attempting to do. He suggested this type of establishment might be added to the City's list of uses that require a special Use Permit. 15b. ALICIA ANN RUCH BURN FOUNDATION - File 105 Assistant City Manager Ken Nordhoff reported that last year the City donated $1,000 to the Alicia Ann Ruch Burn Foundation. He noted there would be a fund raiser at Fire Station No. 1 on August 6th, and asked that staff be allowed, within the existing budget, to again make a donation of $1,000. Councilmember Cohen moved and Councilmember Phillips seconded, to add this item to the agenda as an Urgency Item. AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None Councilmember Phillips moved and Councilmember Miller seconded, to approve a donation of $1,000 to the Alicia Ann Ruch Burn Foundation. SRCC MINUTES (Regular) 8/2/99 Page 15 SRCC MINUTES (Regular) 8/2/99 Page 16 AYES: COUNCILMEMBERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCILMEMBER REPORTS: 14a. PUBLIC WORKS DIRECTOR DAVID BERNARDI BECOMES A GRANDFATHER - File 120 x 9-3-40 (Verbal) Mayor Boro congratulated Public Works Director Bernardi, whose daughter, Rose, had given birth to his first grandchild, Sara Chase Lofrano, who weighed 9 lbs., 4 oz., and was 22 inches long. 14b. NEW CITY HALL LOBBY CARPET - File 102 (Verbal) Mayor Boro thanked Lydia Romero, Assistant to the City Manager, for ordering and overseeing the installation of the new carpet in the lobby at City Hall. 14c. LEAGUE OF CALIFORNIA CITIES EXECUTIVE CONFERENCE FOR MAYORS AND COUNCILMEMBERS - File 9-11-1 (Verbal) Councilmember Heller reported she had attended the League's Executive Forum last week, where it was announced that Jose Medina was the new Caltrans Director. She reported Mr. Medina had been quite active in the League of California Cities, as a Supervisor from San Francisco, and noted he was accepting telephone calls, and returning them, if people have problems. She reported the League was meeting with Caltrans, trying to get things moving; however, Caltrans has stated the cities were not ready with their programs, while the cities have stated they are ready, and it is Caltrans who has been shelving their plans. Ms. Heller pointed out there have been problems with several projects, and the League was requesting any documentation the City might be able to provide, which would assist the League during discussions with Mr. Medina, as he reviews the problems the cities have had with Caltrans. 14d. CALTRANS GAP CLOSURE - File 170 x 171 11-16 (Verbal) Mayor Boro reported Caltrans held a meeting last week at the San Rafael Community Center, to discuss the Gap Closure. He stated it had been reaffirmed that Caltrans does have $300,000 in the budget for this project to do a soundwall study through Central San Rafael, and reported there would be a meeting on September 8th to discuss that issue. 14e. FORMER PLANNING COMMISSIONER ROSS COBB - File 109 x 9-2-6 (Verbal) Mayor Boro reported a former member of the City's Planning Commission, Ross Cobb, had passed away during the weekend, noting Mr. Cobb had been a wonderful man, and a great friend. Mayor Boro recommended, and Council unanimously agreed, to adjourn the meeting in Mr. Cobb's memory. There being no further business, the City Council meeting was adjourned at 9:40 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF MAYOR OF THE CITY OF SAN RAFAEL 1999 SRCC MINUTES (Regular) 8/2/99 Page 16