City Council Meeting - December 06, 2011

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Meeting Summary

I
CALL TO ORDER IN THE COUNCIL CHAMBERS AT CITY HALL, 420 LITHO STREET 6:15 PM 📄
Mayor Herb Weiner called the meeting to order at 6:15 PM on Tuesday, December 6, 2011. Roll call confirmed all councilmembers present 📄. Mayor Weiner announced two items for adjournment to closed session: existing litigation (Zacks v. Sausalito) and anticipated litigation, both under California Government Code 📄. No public comment was offered 📄.
II
CALL TO ORDER IN THE COUNCIL CHAMBERS AT CITY HALL, 420 LITHO STREET 7:00 PM 📄
The meeting was called to order by Mayor Herb Weiner. Roll call was conducted with all councilmembers present. Sophie Frazier led the Pledge of Allegiance 📄. Mayor Weiner extended holiday greetings to all attendees and briefly mentioned two closed session items: Zacks versus Sausalito (dismissed) and anticipated litigation 📄. The agenda was approved with a motion and second 📄.
Motion
Motion to approve the agenda, seconded, and passed unanimously 📄.
A
Report on the Creek Education and Restoration Program (Willow Creek Academy Teacher: Carter Devol, Students: Misbah and Sophie, & Parent/Restoration Expert: Steve Moore) 📄
Students Sophie Frazier and Misbah (last name not given) from Willow Creek Academy presented on their creek education and restoration program, funded by a NOAA grant of about $10,000 over two years. They described activities like removing invasive plants, restoring native plants, studying water quality, and cleaning trash to protect the watershed. They showed before-and-after photos of restoration sites at Middle Grove and Creek at Bridgeway, highlighting progress. 📄 Parent and restoration expert Steve Moore followed, discussing the formation of the nonprofit 'Friends of Willow Creek of Sausalito' with over 30 members. He shared findings that Willow Creek is a perennial, clean creek fed by coastal fog, mostly on public property, and could be feasibly daylighted from headwaters to Richardson's Bay. He noted the creek is not on city storm drain maps and performed a water quality study showing it is very clean. 📄 Councilmember Jonathan Leone commented that creek restoration and daylighting have been council topics, inviting the group to return during budget setting next spring to prioritize it. 📄 Councilmember Carolyn Ford thanked the students for their presentation and wreath. 📄
B
Award of Grants from the Holiday Parking Donation Fund to Three Non Profit Organizations that Provide Services to the Underserved: Homeward Bound of Marin, Ritter Center, & MarinLink, Project Warm Wishes 📄
City Manager Adam Politzer presented the annual Holiday Parking Donation Fund grants, explaining that free parking is offered downtown in December with donations encouraged at meters, raising $6,000-$14,000 annually. 📄 The funds support nonprofits serving the underserved during the holidays. Three organizations each received $2,000 checks: Homeward Bound of Marin (provides residential services for homeless, ~450 people nightly), Ritter Center (offers day services, food pantry, case management, and collaborates on healthcare grants), and MarinLink's Project Warm Wishes (distributes 5,000 new backpacks with survival gear). 📄 Representatives from each organization thanked the council and described their missions. Councilmembers presented checks and expressed gratitude. 📄
C
Report on the 2011 Photo Contest Winners 📄
Erin Stroud, Special Events Coordinator, presented the winners of the 2011 Amateur Photography Contest. The contest had 14 entrants and 58 photos submitted. Winners were announced across categories: Scenes of Sausalito (Best of Show and first place to Fred Kroll's 'emixing'), Landscapes (first place to Fred Kroll's 'Clarity'), People (first place to Karen Mundeau's photo from the chili cook-off), and Animals (first place to Julie Murphy's 'Blue Heron'). Fred Kroll also won the City employees' favorite. The People's Choice award is still open for voting, with photos displayed until Friday. Sponsorship by Marin Scope was acknowledged, with winners featured in the paper, and an open house was held on November 16th. 📄 Councilmember Doug Smith made a brief interjection about 'fire' during the presentation. 📄
D
Acknowledgement of the work of Doug Smith on the Newspaper Rack Replacement Project (Jonathon Goldman, Public Works Director) 📄
Public Works Director Jonathon Goldman introduces Doug Smith and presents him with a certificate for meritorious service for his work on the newspaper rack replacement project. Goldman explains that the project addressed old, unsightly newspaper racks in the public right-of-way 📄. Doug Smith worked diligently to develop consensus with vendors, leading to the city fronting costs for new ADA-compliant racks while vendors paid their fair share 📄. The project has replaced 90% of the old racks, improving aesthetics and functionality. Councilmember Adam Politzer commends Goldman and Smith for making Sausalito more beautiful and notes the racks are now ADA compliant 📄. Doug Smith expresses gratitude for the opportunity to serve.
E
Recognition of Mayor Al Boro's Outstanding Service to the County of Marin & the City of San Rafael (Mayor Herb Weiner) 📄
The item was a recognition of Mayor Al Boro's service, but the provided transcript excerpt does not contain the actual presentation, discussion, or any details related to this agenda item. The excerpt only shows Mayor Herb Weiner transitioning to public communications on non-agenda items, calling Robert Nolan to speak. Therefore, no summary of the recognition item can be provided from the given data.
2
COMMUNICATIONS 📄
Multiple residents spoke during the public comment period on various topics. Robert Nolan requested the City Council consider adopting a more detailed tree ordinance to address view rights and neighbor responsibilities, citing vagueness in current rules 📄. Councilmember Adam Politzer directed him to start with the Community Development Department and the legislative committee, noting existing draft legislation 📄. Several other residents (Steve Moore, Andrew Rowan, Johanna Vander Mullen) supported Nolan's request, sharing personal frustrations about losing views and seeking a structured ordinance similar to Tiburon's 📄, 📄, 📄. David Kleiman advocated for a petition from AskUsFirstSausalito.com to require voter approval for development on public land, highlighting north-south town divisions 📄. Neil Whitelaw raised concerns about pedestrian safety at crosswalks, referencing a prior hit-and-run incident and urging installation of lighted crosswalks 📄. Politzer responded by outlining city efforts to improve crosswalk visibility through paint, lighting upgrades, and the Street Smarts program, while noting liability concerns with electronic crosswalk lights 📄. Joe Reich discussed elder financial abuse, criticizing district attorneys for avoiding such complex cases 📄.
Public Comment 7 5 In Favor 2 Neutral
A
Approval of the minutes of the Regular City Council meeting of November 15, 2011 📄
The item was presented as part of the consent calendar. Councilmember Carolyn Ford made a motion to approve the minutes 📄, which was seconded. Mayor Herb Weiner called for a vote, with all in favor and no opposition 📄.
Motion
Motion to approve the minutes, passed unanimously 📄.
4
CONSENT CALENDAR 📄
The council discussed the consent calendar items. Councilmember Leone requested separate votes for items F and I 📄. Councilmember Kelly noted a discrepancy in item K between the staff report and the LAFCO resolution regarding the city's sphere of influence map 📄. City staff Mary Wagner clarified that the discrepancy is between the resolution text and the attached map, and they will follow up with LAFCO 📄. Item G (Notice regarding Sausalito sites proposed for designation as part of the San Francisco Bay Water Trail) was pulled from the consent calendar to be moved to a later agenda item 📄. A motion was made to approve consent items A, B, C, D, E, H, J, K, L 📄.
Motion
Motion to approve consent items A, B, C, D, E, H, J, K, L 📄. Motion to separately approve items F and I 📄.
A
On the Omnibus Municipal Code Amendment (Community Development Director Jeremy Graves) 📄
Staff presented a list of minor amendments to Titles 1, 2, 10, and 11 of the Municipal Code to correct errors, clarify ambiguities, and improve effectiveness. The amendments covered various sections including uses, floor area, building height, substandard lots, parking, setbacks, utility meters, accessory structures, visitor serving stores, zoning permits, changes to approved projects, design review permits, and noticing procedures. The Planning Commission had reviewed and recommended approval. Key discussion points included: Councilmember Leone suggested increasing noticing radius for major projects to 500 feet and extending noticing period to 10 business days, but staff preferred 300 feet and 10 calendar days for uniformity and expediency 📄. Public comment from Michael Racks raised concerns about three items: noticing for minor changes to approved projects, removal of conditional use permit for ground-floor residential in commercial zones, and height limits for detached parking structures on downhill lots 📄. Staff clarified that ground-floor residential has not been allowed per existing text, and the amendment aligns the table with the text 📄. Council consensus was to proceed with most amendments but refer the detached parking structure height issue and the increased noticing radius (500 feet) back to the Planning Commission for further policy discussion 📄. Also, the term 'structure' in design review permits will be clarified to avoid overreach 📄.
Motion
Motion by Councilmember Leone to introduce and read by title only ordinance amending Titles 1, 2, 10, and 11 of the Sausalito Municipal Code as amended during the meeting, and schedule a second reading. Seconded by Mayor Weiner. Approved unanimously. 📄
Public Comment 4 3 Against 1 Neutral
A
Bridgeway to Ferry Landing Construction & Design of Improvements to Municipal Lots 1,2,3 and the City Hall Parking Lot 📄
Public Works Director Jonathan Goldman provided an update on two related projects. The Bridgeway to Ferry Landing non-motorized transportation pilot project (sidewalk improvements on Bay and Anchor streets) had its bid opening delayed to December 22nd, with award expected in January and a 45-day construction window possibly starting in early 2012 📄. For the municipal parking lots (1, 2, 3) and City Hall lot, a 2009 master plan exists, but more detailed designs are needed. Staff selected Sandus for a $10,000 initial design phase to develop alternatives based on prior work, ferry district changes, and ADA/path of travel requirements triggered by the new City Hall restrooms 📄. A Phase 2 proposal for detailed design is expected in February 2012. Council questions included: Councilmember Ford clarified the design timeline and containerized trees (temporary, movable) 📄; Councilmember Pfeifer asked about the multi-use path (conceptual, not decided) and grant time constraints (no current jeopardy) 📄; Councilmember Politzer clarified the project scope is limited to Bay and Anchor streets 📄.
Public Comment 3 1 In Favor 1 Against 1 Neutral
B
Presentation to outgoing Mayor Weiner (City Manager Adam Politzer) 📄
City Manager Adam Politzer gives a presentation honoring outgoing Mayor Herb Weiner, highlighting his dedication and achievements. Politzer notes Weiner's hands-on approach, such as driving residents home on New Year's Eve and bringing food to staff 📄. He discusses accomplishments under Weiner's leadership, including paving over 50% of streets, the Watery Street sidewalk project, the bulkhead project, library improvements, sewer system upgrades, PG&E reliability efforts, disaster preparedness, and park improvements 📄. Politzer emphasizes Weiner's role in fostering partnerships and his full-time commitment to the volunteer position 📄. Weiner accepts a plaque and thanks the community, stating his transition from business to government is about serving people 📄. The item transitions into the election of the new mayor and vice mayor.
B
Future Agenda Items 📄
Councilmember Carolyn Ford requested that Governor Brown's pension reform plan be placed on the next council meeting agenda for discussion 📄. Linda Pfeifer seconded the motion 📄. City Attorney Mary Wagner clarified the protocol for placing items on future agendas 📄. Councilmembers expressed support for discussing pension reform but wanted proper staff preparation and timing. Mike Kelly emphasized the need for comprehensive information and opposed setting a specific date immediately 📄. Adam Politzer explained staff is preparing a broader pension reform presentation, including the governor's 12-point plan, and suggested timing in late January or early February 📄. Linda Pfeifer amended the motion to specify the second meeting in January or first meeting in February 📄. Jonathan Leone suggested incorporating the discussion into the broader pension reform timeline 📄. Carolyn Ford emphasized the need to support sustainable changes and follow the Board of Supervisors' momentum 📄.
Motion
Mike Kelly made a motion to direct staff to work diligently to bring back pension reform issues, including the governor's plan, as soon as reasonably possible, ideally late January or early February, at a schedule that makes sense for staff and presentation quality 📄. The motion passed with votes: Linda Pfeifer (Yes, 📄, Carolyn Ford (Yes with stipulation for update in first January meeting, 📄, Herb Weiner (Yes, 📄, Jonathan Leone (Yes, 📄, Mike Kelly (Yes, 📄.

Meeting Transcript

Time Speaker Text
00:00:00.03 Herb Weiner Okay. Good evening.

And welcome to the Tuesday, December 6, 2011 Council meeting. At this time here, we are.

Take a roll call.
00:00:16.57 Unknown (Clerk/Roll Call) Councilmember Pfeiffer? Here. Councilmember Ford? Here. Vice Mayor Kelly?
00:00:20.79 Herb Weiner here.
00:00:21.11 Unknown (Clerk/Roll Call) you Mayor Weiner.
00:00:22.56 Herb Weiner Present.

Um, We have two items that we will adjourn this and go to a closed session. One is on the existing litigation to California Government Code Section 54956-.9A.

And that's Zacks v. Sausalito. And the second item will be conference with legal counsel on anticipated litigation. With that, any public comment?

not when you don't have any public. Okay, we'll go to closed session. Thank you.
00:00:59.43 Unknown That's right.
00:01:30.13 Doug Smith Thank you.

Thank you.

Thank you.

Thank you.

Thank you.

Thank you.
00:02:16.87 Sophie Frazier Thank you.
00:02:18.83 Unknown Thank you.
00:02:22.25 Sophie Frazier I'm just going to keep this up.

Thank you.

Is this hard?
00:02:26.76 Unknown Hello.
00:02:29.49 Sophie Frazier Yes.

They're going to have you come up, I think. No, I know. We're just holding our stuff up here. They're just holding their spot.
00:02:34.62 Unknown Thank you.
00:02:34.64 Doug Smith No, I'm not.
00:02:34.84 Unknown THE END OF THE END OF THE
00:02:38.44 Sophie Frazier Thank you.
00:02:38.49 Doug Smith Thank you.
00:02:38.52 Sophie Frazier Thank you.
00:02:38.60 Doug Smith Thank you.
00:02:38.96 Sophie Frazier Thank you.
00:02:38.98 Doug Smith Thank you.
00:02:39.13 Sophie Frazier Wait, so where are we going to be standing?
00:02:39.25 Doug Smith Wait, so where are we going to be standing?

Thank you.
00:02:44.65 Sophie Frazier Okay, so I'm gonna hold this...
00:02:46.54 Unknown here.
00:02:46.57 Sophie Frazier Here.

Thank you.

All right.
00:02:47.40 Unknown Kirby Wiener, he's actually going to ask you to, he wants you to do the Pledge of Allegiance, he's going to ask you to lead everyone, so all you have to stand up and do is.
00:02:47.48 Sophie Frazier We were actually a young man.
00:02:54.33 Doug Smith I don't know.

Amen.
00:02:55.99 Unknown Thank you.
00:02:56.58 Doug Smith Thank you.
00:02:56.61 Unknown We all know it.
00:02:57.22 Sophie Frazier Thank you.
00:02:57.29 Doug Smith to the flag. Yeah, we all know it.
00:02:59.65 Sophie Frazier Thank you.
00:02:59.66 Doug Smith you until your father's first and then, one nation under God's name, and everything is just as possible. Please don't miss those trophy. Are you gonna leave the plan yet? I better not, because I don't know how to do it. I'll save you with the last one.
00:03:06.58 Sophie Frazier you can.
00:03:09.47 Unknown I better not because I don't know how to do it.
00:03:11.04 Unknown Thank you.
00:03:11.17 Unknown Yeah.
00:03:11.90 Unknown Thank you.

Thank you.
00:03:13.69 Unknown you
00:03:13.94 Unknown Thank you.

Okay, I got the chain. Wait. Next slide. Okay.
00:03:17.15 Doug Smith Wait.

Okay.
00:03:19.83 Unknown .
00:03:21.40 Doug Smith Oh, okay.

Thank you.
00:03:25.55 Sophie Frazier She better not make me do it, because I don't know.
00:03:27.56 Doug Smith Thank you.

Thank you.

Thank you.

you
00:03:34.92 Unknown Thank you.
00:03:38.28 Sophie Frazier Bye, thank you.

I need to forget. Okay, keep going.
00:03:41.63 Unknown Thank you.
00:03:42.06 Sophie Frazier I'm the senior right team.

Thank you.
00:03:46.51 Herb Weiner Um...

Good evening and welcome to the...

December 6, 2011 meeting.

Roll call, please.
00:04:04.84 Unknown (Clerk/Roll Call) Councilmember Pfeiffer? Here. Councilmember Ford? Here.

you Councilmember Leone.
00:04:10.44 Herb Weiner here.
00:04:10.76 Unknown Thank you.
00:04:10.94 Unknown (Clerk/Roll Call) Vice Mayor Kelly?

Mayor Weiner.
00:04:13.36 Herb Weiner President.

At this time here, the Pledge of Allegiance, and Sophie Frazier, you want to lead us with that, please?
00:04:21.07 Doug Smith No.
00:04:24.44 Herb Weiner Yeah.

Yeah, face your flag over here.
00:04:28.02 Sophie Frazier Thank you.
00:04:28.66 Herb Weiner And we'll follow you. Go ahead.
00:04:31.70 Sophie Frazier I pledge allegiance to the flag of the United States of America and to the Republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.
00:04:32.09 Herb Weiner I pledge allegiance to the flag you
00:04:34.65 Doug Smith Thank you.
00:04:34.67 Herb Weiner United States of America.

and to the Republic for which it stands.
00:04:39.97 Herb Weiner Thank you.
00:04:40.04 Herb Weiner Thank you.
00:04:40.51 Unknown Oh.
00:04:40.53 Herb Weiner Bye, nation.
00:04:41.22 Doug Smith I think.

Thank you.
00:04:41.78 Herb Weiner under God Indivisible.
00:04:44.26 Herb Weiner With liberty.
00:04:45.03 Herb Weiner and justice
00:04:46.03 Doug Smith for all.

Thank you.
00:04:47.19 Herb Weiner the job.
00:04:48.26 Doug Smith Thank you.

Thank you.
00:04:51.97 Herb Weiner .

Before we get started, I think it's a good opportunity while everybody is here for us, the council, and the city staff to really wish everybody a happy holidays and a healthy new year coming up.

Um, we, uh, We had two items that we discussed at closed session. One was Zacks versus Sausalito, and I think you read the decision that was handed down and it was in the papers that hopefully that this that was dismissed and hopefully it'll go away.
00:05:32.33 Doug Smith .
00:05:32.60 Herb Weiner Thank you.
00:05:32.74 Doug Smith Thank you.
00:05:33.21 Herb Weiner But as you all know in Sausalito, nothing goes away.

and the other was on a anticipated litigation to a government code section are there any comments on the closed session items Okay, with that then I move to have approval of the agenda.
00:05:56.90 Mike Kelly approval.

Second.
00:05:58.94 Herb Weiner Okay, all in favor? Aye. Opposed? Okay, thank you. This time here, we have a special presentations, and that would be the report on the Creek Education and Restoration Program from Willow Creek.
00:06:00.43 Mike Kelly I'm sorry.
00:06:00.50 Doug Smith Bye.
00:06:00.53 Mike Kelly Yeah.
00:06:00.60 Doug Smith All right.
00:06:00.90 Mike Kelly Thank you.
00:06:01.04 Unknown Thank you.
00:06:01.22 Mike Kelly you
00:06:18.13 Herb Weiner Oh, you're on again, Sophie.
00:06:19.74 Doug Smith Thank you.
00:06:19.75 Unknown Bye.
00:06:19.89 Doug Smith Yeah.
00:06:19.97 Unknown Bye.
00:06:19.99 Doug Smith I'm sorry.
00:06:20.02 Unknown Thank you.

Thank you.

Thank you.
00:06:22.03 Sophie Frazier Thank you.
00:06:23.90 Unknown Well, hello, my name is Ms. Bama Moon.
00:06:26.10 Sophie Frazier And I'm Sophie Frazier. We're here to represent our school, Willow Creek Academy, and the Willow Creek.
00:06:31.53 Unknown Before we begin, we'd like, our school and our wonderful teachers would like to thank you for your support that you've granted us and the opportunities we've received to learn down at the creek.
00:06:44.44 Doug Smith you That's very cool.
00:06:47.44 Unknown Thanks to Miss Anne Siskin.
00:06:49.65 Doug Smith Our school has received
00:06:50.21 Unknown Our school has received about $10,000 in the grant over a period of two years for an organization called NOAA.

NOAA works on helping the environment and many habitats.

They gave us this grant to educate and inform our fellow classmates about our nearby sanctuaries, environments, and our impact on them.

Thank you.
00:07:14.44 Sophie Frazier Um, One way we do this is by going down to the creek as many times as we can among Um...

and removing invasive plants.

We also restore native plants to their environment.
00:07:29.77 Unknown All these actions will directly impact the preservation of the creek and will also attract many native birds and animals.

At the creek and at school, we're learning about how to preserve this creek by studying water quality native plants and by learning to live green.
00:07:45.49 Sophie Frazier As you may know, the creek runs right under the school, and then into the San Francisco Bay, then into the ocean.

which is an important part of the Tasselito Watership.
00:07:57.19 Unknown We need to keep it clean because of all the trash, chemicals and other pollutants they can enter the strong drains and contaminate the bay.

Our job is to make sure that the trash is found before it reaches to its destination, which is the ocean and the sanctuaries.
00:08:12.56 Sophie Frazier Now we have some photographs of the before and after shots and the progress of what we've done at the creek So this is the middle grove in the creek. Before, you couldn't see any dirt, and it was full of invasive plants.
00:08:27.09 Unknown Now you can see the middle grove with all the soil away and our native plants there and our invasive plants gone.
00:08:37.67 Sophie Frazier Next we have the Creek at Bridgeway, which is where the bus stop is.

Here you can also see no dirt and it's also full of invasive plants which crawl over onto the sidewalk.
00:08:49.97 Unknown Here you can see all our native plants we've been working on and our other
00:08:57.58 Sophie Frazier This is the third grade class that Mrs. Skin uses.

you I'm not using this hat.

Uh...
00:09:07.07 Unknown Mrs. Gin, where are you?
00:09:09.18 Sophie Frazier Yeah.

Thank you.
00:09:11.98 Doug Smith Thank you.
00:09:12.00 Sophie Frazier Thank you.

Thank you.

But actually, they're planting native plants here, and this will help produce a stable environment for the birdsandanimals.com.
00:09:22.37 Unknown Here you can see a perfect example of what Richard Louv would say, leave no child inside. It's a perfect way to get our children inside and help the environment.
00:09:35.55 Sophie Frazier That's a picture of the creek that runs under our school, and it's part of the watershed.
00:09:42.40 Unknown and now we'll take some questions and comments
00:09:45.59 Sophie Frazier I have.
00:09:46.54 Unknown Thank you.

Thank you.
00:09:47.57 Sophie Frazier Of course. You don't have to, though.

you
00:09:49.41 Unknown laughter
00:09:57.27 Sophie Frazier Again, we'd like to thank the city council members and the wonderful Civilians who come in today. I mean, pedestrians who have come in today and spent their time here and donated their time to making a commitment and helping the world.
00:10:05.34 Doug Smith It's good.

To
00:10:11.31 Unknown Yeah.
00:10:18.70 Unknown And thank you and have a good evening.
00:10:21.49 Sophie Frazier Thank you.
00:10:32.76 Steve Moore That's a tough act to follow.

Hello, honorable mayor, members of the council, I'm Steve Moore.

I've, uh...

I'm a citizen here in Sausalito. I've lived here for over a decade, 311 South Street.

In Hurricane Gulch, Um, And I'm a parent volunteer at Willow Creek Academy. I've got two daughters there, ages six and seven and a half. And so as a charter school, Willow Creek requires parents to dedicate hours of volunteer time. And when we joined the school last year, I learned of the efforts to restore native plants by the creek and thought, oh, that's a way I could contribute, maybe, because I'm so interested in creek restoration. And it would be a way for me to spend my volunteer hours helping that effort.

Well, I'm a local civil engineer.

and have some experience with creek restoration.

I won't go into.

But when I lived in Oakland in the early 90s, I used to be a part of a member, I was a member of an organization called Friends of Sausal Creek.

And we used to go down to the urban creek and clean litter and take out ivy and, you know, take out concrete and things like that. And it was a community building effort that I have very fond memories of.

It's been very effective. There's some trout restoration going on out in Oakland there.

So about a year ago, Jonathan Goldman helped me tremendously by furnishing me some useful recorded documents about this place called Willow Grove.

which is right there at the corner of Nevada and Bridgeway.

We identified an opportunity to make the school's efforts more formalized and to be supportive of the city's and the homeowners association's goals there.

And in the past year, I thought I would share tonight that I've done some research and I've run across some unexpected findings about this It's perennials.

It flows year round.

It's fed by the condensation of the coastal fog.

that we see forming, we all know, love so well.

The creek is located almost completely on public property.

with the exception of the lowest section on the Arkez shipyard. But there are no structures above the creek.

this creek could be feasibly daylighted.

or put into a vegetated above ground channel.

from its headwaters in the Golden Gate National Recreation Area to its mouth at Richardson's Bay.

And, you know, that's pretty amazing to think about. Of course, nothing's altogether simple. There's this Highway 101 right in the middle of it. We can move that. Don't worry. That's civic leadership right there.

Well, needless to say, I was fairly excited about this revelation and as I was learning more about things and you saw our slide about the Earth Day event that the city helped us with. Mary Wagner was helpful in that and getting us the necessary paperwork we needed to.

and with the success of that event, and also an interest shown by school district officials in daylighting the creek through the schools, Those of parents and a couple neighbors Educators formed a nonprofit organization and Mark.

501 C3 organization.

that we call Friends of Willow Creek of Sausalito. Or you can call us Friends of the Creek for short.

And we're independent of the city, independent of the school.

We have close ties to both.

And our purpose is creek restoration and protection.

That's our purpose. We have over 30 members, including neighbors, parents, teachers, and administrators. Now, getting to some technical before I close up, I perform water quality study.

on the creek this last year, and it's very clean.

It's clear as tap water on some days.

And this picture, I don't know if you can see, but there's a lot of clarity over on this side with the sun shining down on the rocks.

Quite a creek.

So during my research, it was interesting to learn how little is known about this creek by neighbors, city staff, And the city map, it's themselves.

the city map, of the storm drain system in the neighborhood. Here's the bay up here, and this is north.

Bridgeway cuts across here. Sorry about the quality of the scan.

So I've drawn in blue here.

Where Willow, or what we're calling Willow Creek, it's a creek.

runs through the school district property here.

So the city's storm drain maps don't include this perennial flow.

of a half CFS or more.

And then it turns up into the system along Nevada Street, and under the corporation yard, and into this Willow Grove property here, and that's where it's above ground.

and then it goes back into the pipe under bridgeway and then out to the mudflats.

So, I'll be giving a talk about the Lost Creek of Sausalito.

at an upcoming Rotary Club lunch.

If you want to learn more details about what I've learned, and elements of a potential restoration plan and its significance for water quality.

I encourage you to attend if you're interested.

And thank you for the opportunity to present our work with the school and these exciting ideas. And I hope that our presentations have captured your imagination.

Thank you.
00:16:31.98 Herb Weiner The President.

Thank you.
00:16:35.71 Jonathan Leone Also member of Leon.

Thank you.

Thank you very much for doing that. And just so you know, your council's not completely in the dark.

We've had creek restoration and daylighting as one of our topics since I got on the Council.

and this fits right in with that. We just haven't gotten it up to the top, so I'm going to ask you to come back in our budget setting mode next spring.

and help us raise it up and convince some of these other folks to raise it up.
00:17:01.19 Carolyn Ford Bye.

Thank you.
00:17:02.37 Jonathan Leone Thank you.
00:17:03.50 Carolyn Ford What's your name?
00:17:05.59 Herb Weiner Council Member Ford.
00:17:07.14 Carolyn Ford Yes, and I would like to thank the two young ladies who made the presentation. And I see this is a wonderful way to learn about nature.
00:17:17.10 Unknown Maybe.
00:17:18.65 Carolyn Ford and to also work work on a great cause and thank you very much for our wreath these are beautiful Thank you.
00:17:28.90 Linda Pfeifer They are beautiful.
00:17:29.96 Herb Weiner Thank you. We won't let you go up the crate. Don't worry about it.

Okay, thank you. Next item we have is the award of grants from the Holiday Parking Donation Fund to three nonprofit organizations that provide services to the Um, underserved, that's Homeward Bound of Marin, Ritter Center, and Marin Link, Project Warm Wishes. Adam.
00:17:57.53 Adam Politzer Thank you, Mr. Mayor and City Council members. And to our, what did you call them?
00:18:04.01 Doug Smith .

Civilians. Yes, I like that.
00:18:04.97 Adam Politzer Civilians. Yes, I like that. Excellent. Thanks to the community for all being here tonight. We have obviously some several outstanding special presentations tonight and I thought since we were going to be handing out money that I would actually stand and stand here at the podium and make this presentation. All you folks that park or drive downtown during the December months will notice that we have free parking on the meters and the City Council in cooperation with the
00:18:19.71 Doug Smith money that I
00:18:24.95 Doug Smith Thank you.
00:18:38.34 Adam Politzer Chamber of Commerce and the business community trying to encourage people to come downtown and shop and eat and enjoy the holidays downtown Sausalito provide free parking. But what we encourage is that the folks that are benefiting from the free parking to make donations through the meters. And surprisingly enough, people do. And it can be anywhere at the end of the year, anywhere from $6,000 to $14,000 collected in donations from the public. And what that allows the city council to do every year is to look for service providers, nonprofits that help the less fortunate, the underserved during the holidays when obviously it's at everyone's attention during Thanksgiving. You see the canned food drives, the warm jacket drives.

looking for shelter for folks during the difficult weather months of rain and bitter cold as we're starting to experience now. And there are folks here in our city and obviously folks here in our county and folks throughout the Bay Area that need some help. And the city has recognized these three groups the last two years and two of these groups for a longer period of time for their great work in supporting the folks here in our community and in Marin County and beyond. I've asked them to come and say a few words about the organizations because I think it's an opportunity with this full house. I'm happy to see the MarinScope and the IJ both here and hope to get a little coverage for these folks, again, to encourage people to make donations.

to their efforts or volunteer because they all have volunteer opportunities for the public and that costs you nothing but time.

but Homeward Bound of Marin, It's just an outstanding organization and Mary Kay Sweeney is here and she'll come up in a moment to say a few words. The Ritter Center.

Most of you folks know the Ritter Center well. One of the things I learned is that they are also working with our chief of police down here and the county health department on what we're doing with helping folks get off the water and get services to the people that are living out here as anchor outs on our waterfront.

And then Marin Link, which you folks would remember Homeless Connect that we did at the Bay Model two years in a row, that's one of the projects sponsored by Marin Link. And this year we're supporting a program that's been going on for 18 years, which I was surprised to learn, and that is Warm Wishes and a great program that fills 5,000 backpacks and gets those out to the street to people that need backpacks with some survival gear, including leather ponchos, socks, and scarves, and gloves.

Um...

and other bare essentials that help them survive during the cold and difficult months that lay ahead of them.

So if I could ask, Mary Kay Sweeney and Mary O'Mara.

And I didn't see Diane Lane if she joined the... Okay, Ben. Ben is here again. Ben, you were here last year, so thank you again for coming back.

Um, And the council has checks for $2,000 for each of these organizations. It's not a lot of money, but it is. It's money that goes a long ways during these times, and we're hoping that it encourages people of our community and the rest of the communities in the Marin to support these efforts. And again, continue to feed those meters, even if you're not parking your cars in them. Walk by and feed them, because the money that we earned last year is what's triggering these gifts and grants this year. And at the end of this December, we'll look at what is donated and hopefully are able to be more generous in the years that comes during these tough times. So, Mary Kay, would you like to come say a few words,
00:22:44.90 Mary Kay Sweeney Thank you, Adam. Thank you, council members, mayor. This is a delightful, I mean, this is probably the award for creativity and fundraising that you all get because this is a wonderful way, painless way, to raise money for very important causes. And Homeward Bound, as you may or may not know, is the chief provider of residential services for homeless people in the community. And we have roughly 450 people a night who stay with us in various locations throughout the county, everywhere from down south, all the way up to Novato.

And we are actually quite delighted to be part of this whole community in terms of the service we provide.

And in keeping with kind of the restoration theme here, We're in the business of restoration.

helping people restore their lives, helping them get back on their feet.

helping them find a home again.

And it takes a lot of effort sometimes to do that with folks who have really lost hope and lost imagination about what can be new for them in their lives. So it's a service that we are privileged to Thank you.

provide on behalf of the entire community, and we are really, really grateful for your support.

I would invite you to sometime if you'd like to come up and visit our facilities and take a cooking class with us.

Celebrity chefs who come once a month, visit our website and see who's coming. There's one actually tonight.

Marissa Churchill from the Food Network. But we have them every night. So it's really, every month, and it's a really wonderful way to really get to know other people in the community, have folks who are homeless actually waiting on you and serving and making your dinners for you. And it's really quite a remarkable experience. So I thank you once again, and I really applaud you for your creativity and compassion for supporting our programs. Thank you very much.
00:24:27.21 Adam Politzer And Ben Leroy, he's the deputy director of Ritter Center. Thank you.
00:24:36.46 Ben Leroy Well, thank you all so much. I really appreciate it. Ritter Center has been serving the Marine community for more than 30 years, so I think a lot of people know what we do and what we're about. But for those who don't, I'll explain a little bit.

We serve basically the low income and the homeless here in Marin County with a number of day services. So unlike Homewater Bound which provides the majority of the residential shelter and housing for those that are homeless or recently homeless, we provide a lot of the day services along with St. Vincent DePaul. So we provide food. We have the largest food pantry here in Marin County.

comprehensive case management services that helps link people with whatever types of service they need including government benefit enrollment. And I want to mention that's something we've been doing down here in Sausalito at the Sausalito Presbyterian Church. I think it's every other Wednesday or two Wednesdays a month our case managers come down. We help both the anchor outs and others in Sausalito to get food stamps, under general assistance, disability, CMSP and other healthcare, anything that folks need and link them to services elsewhere in the county and help give them bus passes and things like that so they can make those appointments. Another new collaboration we have is down here in Marin Cities with the Marin City Health and Wellness Center. We applied for a federal grant jointly together and we're one of 67 clinics to receive this grant nationally out of 800 clinics that applied. It was a very competitive grant cycle and that's allowing both of our clinics to become federally qualified health centers which is bringing federal money into the county to help our low income here which is wonderful. A lot of times it's hard to bring in federal dollars to Marin County because we're considered to be an affluent county but as we all, we have a lot of people in need here who still need the help. And so we're doing that every day of the year, not just during the holidays, but it takes all types and all people to help support our mission, and we really appreciate everything people here in Sausalito are doing, so thank you guys so much.
00:26:31.43 Adam Politzer And Mary O'Mara from MarinLink and warm wishes.
00:26:44.86 Mary O'Mara Thank you, it's really delightful to be here. Mary Kay is my heroine, so.

I'm not in the trenches like these guys are every day, but four years ago, Marin Link took over Warm wishes when the founder's wife died of a brain tumor.

Bill Hamm is a graduate of Drake High, a local boy, and 18 years ago, He was in the city with his then fiance going to Phantom of the Opera and he looked down and saw a homeless man on the street And it bothered him so much that that night he couldn't sleep. And the next morning he went out in the street to find that man and he found him.

took off his gloves and his cap and gave them to the man and that simple act of kindness, I wouldn't say simple, but that humanitarian act of kindness an act of courage and an act of humanity changed his life forever and he went home started to purchase about $250 worth of items from Target, took him back over the tenderloin, and from then on, he would hit up his friends from Drake Every time there was a high school reunion, he would ask for money.

Started a non-profit and for 18 years now, up to 5,000 backpacks. We stuff every holiday season. Adam and his daughter Hannah were there just last Saturday. 4,500 for men and women and 500 for children.
00:27:54.96 Unknown That or not.
00:28:00.48 Mary O'Mara And we distribute them through agencies all over Marin, the entire Bay Area. 600 went with individuals out into the streets. And we try to get them out as far as we can into the areas that a lot of people don't even see. So it's a really wonderful project. It costs about $40,000 a year. It feels insistent upon getting new items for the street communities and not used items. So everything's brand new and made. The backpacks are specially made for the street.

So every year we gather. We had about 225 volunteers on Saturday morning at 8 o'clock, and we finished in an hour and a half.

So, yeah.

It was a record.
00:28:37.67 Unknown Bye.
00:28:37.69 Doug Smith Yeah.
00:28:38.36 Mary O'Mara So Warm Wishes is the name of the organization. I run Marin Link.

That's the umbrella organization. We're located at the Northgate Mall. And thank you so much for your generosity. Thank you for the work you do.
00:28:50.33 Carolyn Ford Thank you.
00:28:54.51 Adam Politzer If I can ask the mayor and the council to come down and present the checks. And if the IJ or the Marin scope might take a photo, here's an opportunity.
00:29:08.48 Adam Politzer Come on.
00:29:50.52 Unknown Oh, yeah.
00:30:06.68 Doug Smith Mmm.
00:30:08.54 Herb Weiner And once again, thank you for all you do, really. It's good to see the human spirit, really.

Okay, moving along to the next item that we have is the report on the 2011 photo contest winners. And Erin, you're on.

I guess on print. Go ahead.
00:30:33.90 Erin Stroud Mayor Weiner, Councilmembers, I'm Erin Stroud. I work here at the City as a Special Event Coordinator. I'm here to announce the 2011 Amateur Photography Contest winners.

As you can see, the display has been here in the council for about a month.

This is the first year we tried to do a photo contest, and we had 14 people enter, and a total of 58 photos in the contest.

The winners are marked with the ribbons, but I would like to acknowledge any of the winners that are present here, or anyone that participated in the contest, if you would please stand.

I know there's one of you.

There she is.
00:31:23.13 Herb Weiner Will the real winner please stand up?
00:31:25.54 Doug Smith Yeah.
00:31:27.53 Erin Stroud So...

A mixing by Fred Kroll.

is the kayaks there, and he kind of took the show. He won best of show, and he also won first of Scenes of Sausalito.

Second place was Seaplane Scenes, taken by Krista Joyce, who this right there um third place was sausage coastline by kaylee jane marquez in the lands i'm sorry that was third place in scenes of sausalito was machine shop taken by julie murphy In the Landscapes category, first place was Clarity, also taken by Fred Kroll.

Stilling, also taken by Fred Kroll. Third place was the Sausalito coastline, taken by Kaylee Jane Marquez. In the people category, I thought, um, It was actually taken at the Sausalito chili cook-off.

and it was taken by Karen Mundeau, Cubbyhole was taken by Tom DeLevo, second place, and third place was Budapest, taken by Tara McCarthy.

In the animal category, first place went to Blue Heron, taken by Julie Murphy.

Hidden Secrets got second, taken by Kirk Quetivis. And third place was What's Up? Taken by Katie Godowski.

I also had the City of Sausalito employees vote on their favorite photo. And once again, Fred Crawl's emixing won that category. There's one last ribbon to be given out, and that's People's Choice...

by citizens in Sausalito, so I invite you all before you leave or when you leave tonight to go in the back and cast your vote for your favorite photo. The photos will remain up until the end of the week, but then they will come down on Friday. So if you haven't got a chance to check them out yet, please do. They are also on the Facebook Sausalito Event Coordinator Facebook page.

Um, And I want to give a huge thank you to our sponsor, the Marin Scope, they Jessica Mullins was our judge and she put the first place winners two weeks ago in the paper.

Last week was second place, and tomorrow we'll have the third place winners all got their photos printed in the MarinScope, which was really cool.

On November 16th, we did have an open house. When we had about 30 people come, and we did sparkling champagne, no, fake champagne. Sparkling fire and snacks, and that was also very fun. So congratulations to all the winners, and I invite any amateur photographers to give it a shot next year. Anyone can enter, and you can be famous here in Sausalito.
00:33:52.57 Doug Smith Fire.
00:34:10.76 Erin Stroud Thank you.

Thank you.
00:34:11.90 Herb Weiner Thank you, thank you.
00:34:19.96 Herb Weiner Okay, the next item we have is, and thank you very much, Erin, for doing a good job on that. Next, we have the acknowledgement of the work of Doug Smith on the newspaper rack replacement project, Jonathan Goldman. Robin, you'll be very happy about this one.
00:34:37.43 Jonathan Goldman you
00:34:37.63 Herb Weiner Thank you.
00:34:38.83 Jonathan Goldman Thank you.
00:34:38.86 Herb Weiner Thank you.
00:34:39.79 Jonathan Goldman Thank you, Mr. Mayor, Mr. Vice Mayor, members of the council, staff, and especially members of the community, not only in general, but very fortunately for me, a couple that are here this evening, Norm Wollschlager being one and Robin Sweeney being another.

This is kind of a long story and I won't tell the whole story, but I do want to introduce Doug Smith to those of you who don't know him, to present him with this certificate from our department. Come on up, Doug. For meritorious service to the people and city of Sausalito for his faith and diligence resulting in what I call a news rack renaissance.
00:35:02.50 Doug Smith Thank you.
00:35:25.69 Jonathan Goldman Thank you.
00:35:25.72 Doug Smith you
00:35:25.81 Jonathan Goldman you
00:35:25.98 Doug Smith Thank you.
00:35:26.09 Jonathan Goldman We still have some signatures to get. But you've got mine. I think I know what you look like. By now. Please don't reveal the fact that you do that regularly. When I, it was probably in my first week here that Mr. Wulschlager, who not only served the city of Sausalito for a long time, but frankly continues to serve the city of Sausalito and people of Sausalito, took me on a tour of the city, showed me some of the highlights and lowlights. And one thing that I will always remember is, for the first time in my professional career, realizing how what we call volunteer news racks, as well as news racks that at some point, perhaps in the last century, somebody paid for and started putting newspapers in,
00:35:30.26 Doug Smith But you got mine. I think I know who you look like. The... By now.
00:35:41.05 Doug Smith Yeah.
00:36:26.76 Jonathan Goldman were just present in the public right of way and in a way looked as though nobody cared about them. And I know that Norm cared about them because he made sure I knew And I cared about them and started a journey and certainly with some help from the city manager and city attorney a journey trying to figure out how they were permitted there in the first place, and if they were, you know, what kind of authorities we had to do something about them. Certainly wanting to balance the interests of free speech with the fact that they were an eyesore and, you know, if we were in other communities would be considered gang tags and, you know, the police would be out taking pictures of them and trying to figure out what was going on Doug was with me through a lot of that process and one of the things that I like about Doug is that when he is passionate about something there is nobody else who works for the city in my opinion who is as diligent and hard-working and and perseverant at finding things and dealing with things. He grabbed the city and county of San Francisco's ordinance where they tried to deal with this issue by essentially selling the rights to news racks to an advertising company and let the advertising company handle it. We looked at adapting their ordinance and trying to find a way to not sell those rights, but still provide some teeth in an ordinance that we really don't have.

And as it turned out, Doug Smith was able to accomplish simply by interacting with the people who wanted to sell things from news racks and the people who wanted to give things away from news racks to develop consensus so that the city would front the cost of buying the news racks but only when we had subscribers who were willing to pay their fair share to move their periodicals into the spaces. And we aren't completed with that project yet but I got to tell you that Compared to where we were when I started here, Doug has essentially single-handedly replaced 90% of the what were hideous news racks in Sausalito with brand new news racks. The vendors are happy, the streets look better, and I thought it was worth recognizing him for that. So I appreciate it.
00:39:01.32 Adam Politzer I just want to say something really quickly that I appreciate that Adam and Jonathan have been passionate themselves about trying to make Sausalito a more beautiful city because it is world famous. It is beautiful. And ever since I've been working on this project the last two years, I can't help but go on vacation or just any other town in Marin and walk around and, oh, there's a new truck on the floor of my eye. And I'm thinking, wow, this doesn't compare to how beautiful Sausalito looks. Our rocks are really shiny and new. They're ADA compliant, which is very important to point out. And I just think this is really credit to Adam and Jonathan for really wanting to make Sausalito a better town visually and functionally. And thank you for the opportunity to serve a beautiful city. Thank you.
00:39:25.75 Unknown Really?
00:39:28.44 Doug Smith I got a little bit of a word on my eye.
00:39:43.34 Doug Smith Thank you.
00:40:09.09 Herb Weiner Thank you, Doug. Thank you, Jonathan.

Um, Thank you.

The next item we have is recognition of Mayor Al Burrow from San Rafael for his outstanding service to the County of Marin.

into the city of San Rafael.

And I'll kind of read you the proclamation.

And just so you know, Al Burrow was on the, Um, He was in government for, I believe, 30, what would it be, 20, I think, approximately 36 years. And he was on the Golden Gate Bridge District and really has been a wonderful friend to Sausalito on these items that were brought up about the bridge and the ferry service. So I'll read this. Whereas on this sixth day of December 2011, the city of Sausalito wishes to publicly recognize retiring Mayor Albert J. Burrow of the city of San Rafael for his dedicated service to the city of San Rafael and all of those that have he encountered during his tenure, and whereas Mayor Burrow served on the Planning Commission in San Rafael for 16 years before being elected to the City Council in 1987, and then being elected by the voters in 1991, and every four years since to serve as his mayor.

And whereas in 1992, In addition to serving his counsel, was appointed to and began serving on the Board of Directors of the Golden Gate Bridge Highway and Transportation District, in which he represented all the cities of Marin, and whereas was in his capacity that Mayor Borough would assist the City of Sausalito with issues that arose regarding transportation, and more specifically the bus and ferry transit system, which greatly affects our residents, business, community, and visitors. Almost done.

Now, therefore, the City of Sausalito recognizes that it will be hard to replicate the vast accomplishments and hours of dedicated and hard work that Mayor Burrow has given to those that he represented. And be it further proclaimed that the City of Sausalito, including its residents and government officials, wish Al Burrow, Albert J. Burrow, all the best on his well-deserved retirement from 40 years of civic duties. And witness thereof. I, Herbert Weiner, Mayor of Sausalito, which is, by the way, probably my last night as mayor here. City has...

Here I am to set my hand and cause the seal of City of Sausalito to be affixed to the sixth day of December 2011 in order to recognize and acknowledge the extraordinary service and never-ending dedication that Mayor Burrow provided to his community.

Thank you.
00:43:09.41 Herb Weiner The next item we have is public communications on items that are not on the agenda. And I have a list of names, so I'll call them out. And you'll come up, please. Robert Nolan.
00:43:20.37 Robert Nolan Thank you.
00:43:25.72 Robert Nolan Hello. I'm Robert Nolan. I'm a resident.

I'd like to ask the City Council to consider adopting a more detailed tree ordinance concerning views, what are the relative responsibilities of neighbors. It seems to be too vague right now. I've discussed, and there are a number of my neighbors here, we all agree we need more guidance to not only make a prettier Sausalito but protect our property rights, to minimize conflict among neighbors, and we'd really like to, we have a lot of ideas. We'd like to know what would be the first step to eventually bring an ordinance back to you. So I take guidance from whoever.
00:44:14.03 Herb Weiner Thank you. As you know, we can hear you. We don't respond on this.
00:44:18.87 Robert Nolan Thank you.
00:44:18.91 Doug Smith We can. Can you? We can. Mr. Mayor.
00:44:19.97 Herb Weiner Can you?
00:44:21.25 Mary Wagner Thank you.
00:44:21.32 Unknown Thank you.
00:44:21.37 Mary Wagner Thank you.
00:44:21.61 Unknown Thank you.
00:44:21.64 Mary Wagner Because it's not an agendized item, you can only briefly respond or direct staff to agendize at a future date.
00:44:25.30 Herb Weiner Thank you.
00:44:25.32 Adam Politzer You can't.
00:44:29.03 Adam Politzer Thank you.
00:44:29.18 Herb Weiner Thank you.
00:44:29.34 Adam Politzer Thank you.

Mr. Mayor.

If I can just give a quick response, because I think...

what he's asking for and has a simple response.

The Community Development Department and Jeremy Graves and Allison Thornberry would be the place to start. And then the city has a legislative committee, which would probably be one of the steps working with the Trees and Views Committee staff and the legislative committee, and then back to the council.
00:44:56.07 Doug Smith Thank you.

Thank you.

Perfect.
00:44:59.61 Herb Weiner Thank you.
00:44:59.64 Adam Politzer Perfect.

Thank you.
00:45:02.68 Herb Weiner Transcription by CastingWords
00:45:03.03 Jonathan Leone Number four, did you want to say something? Oh, okay.
00:45:04.27 Doug Smith Thank you.

Thank you.
00:45:06.97 Jonathan Leone We went through this process a few years back, so there is some draft legislation to even start from. So it's not starting from scratch.
00:45:16.25 Herb Weiner Steve Moore, I think he left.

All right.

Oh, okay. I'm just here to support you. You have to come up to the podium, please, and just state your name.

Two Steve Moores in one night. That's pretty good.
00:45:31.01 Steve Moore Thank you.
00:45:31.05 Doug Smith All right.
00:45:31.06 Steve Moore All right.
00:45:31.25 Herb Weiner Yeah.
00:45:31.27 Steve Moore I'm Steve Moore. I've been a resident here for 35 years. I'm here to support the comments that Bob Nolan just made, and I already got an answer. So thank you. We'll pursue it.
00:45:31.28 Herb Weiner I'm not.
00:45:39.99 Herb Weiner Thank you.

We'll pursue it.

Okay, next is Andrew Rowan.
00:45:50.12 Andrew Rowan Again, I'm here to ask the council to consider looking at our tree ordinance. We all live on Vista Clara and we have two seasons. It's the two tree trimming begging seasons where we beg our neighbors below us. Most of them cooperate and some,
00:46:04.81 Unknown WHERE
00:46:09.98 Andrew Rowan I just want to see our views disappear, and it's very time consuming. And so what I've noticed is Tiburon has a really good ordinance, and it's been litigated, and it's withstood time. And I've talked to a lot of Tiburon residents who have sued and been sued or mediated, and everyone seems to like it.

So I think you guys are probably familiar with it.

And we'd like to see some direction towards something like this.

I'm really sick and tired of bringing candy and flowers to people just to get another foot back of what I bought.
00:46:47.19 Herb Weiner Okay, thank you. David Kleinman.
00:46:50.26 Andrew Rowan Yeah.
00:46:50.58 Doug Smith Thank you.
00:46:50.61 Andrew Rowan Thank you.
00:46:53.74 David Kleiman David Kleiman, 25-year resident. I just, I understand there's no response, but I just put it down on the-
00:47:00.22 Herb Weiner Yeah, no, they can be.
00:47:01.72 David Kleiman you record. AskUsFirstSauceLito.com is a grassroots organization that is very rapidly growing in strength, primarily I might add in the north end of town to petition the town council to copy the ordinance that is currently on the books that says that parkland owned by the city cannot be developed unless a majority of residents vote in its favor. We are organizing to submit a petition to say that publicly owned land cannot be developed without a majority of citizens voting in that favor. I think that the reason this is happening is we've spoken many times here.

The possibility of fundamental neighborhood changes happening through the development of city-owned land is very troubling, especially to the people in the northern end of Sausalito. And it was wonderful to go downtown and see the banners that said Sausalito South, where the views are, have been taken down and replaced with Happy Holidays. I think that is a subconscious indication of the bifurcation between the south end of town and the north end of town. And I just state that because it's shocking when I see those banners there. We have world-class views in the north end of town, and I support the tree people there on that. But please expect that the Ask Us First Sausalito group will petition the town council. We are looking at almost a thousand signatures at this point. We are actively engaged. We respect everything that happens in this room, but please do not discount the grassroots activation of your citizens. Thank you very much.
00:49:03.18 Herb Weiner Okay, the next is Johanna Vander Mullen.
00:49:14.07 Johanna Vander Mullen Good evening. I'm part of the tree group, too. So you've given some answers to us already. I'm a resident in Livang Vista Clara. We moved here two years ago when my husband and I retired from the Silicon Valley and bought here with the purpose of actually having a house that has a view We looked in Tiburon and we looked here.

and decided we liked the view.

of our house here on Vista Clara, which is off and on disappearing and like Andrew said, we go around and beg our neighbors and it's a nice community, but we need some guidance. So we will talk to Jeremy, Mr. Graves, about some guidance and I applaud you for looking at the newspaper rack. You looked at other ordinance, you came up with a solution. I'm hoping we can do that too. We will work with him and then I imagine we will be back here. I hope it will be on the City Council agenda up for public discussion on where we want to go. That's really what we'd like to do. We'd like you to be informed about the community and their points of view on the view and the trees and so on.

And, um, We would, and we'll be back hopefully in that arena or be back to let you know the status of what we're doing. But I thank you for looking at ordinances from other cities and hope you will, through our committee here, do that with us here. Thank you.
00:50:39.10 Herb Weiner Thank you. Next we have is Neil Whitelaw,
00:51:00.03 Neil Whitelaw I'm the City Council, Neil Whitelaw, resident of 44 years.

Well, one of the groups gave me another point to put some information out about.

Seeing as...

Ten years ago, seven citizens of Sausalito approached the Federated Indians of Great Rancheria, commonly known as the Coast Miwak, residency long before the Americans came before the Mexicans came before the Portuguese came before the Spanish came as they lived here for 10,000 years.

And we helped the tribe facilitate a going-home ceremony because Sashiro was where of 90% of the residents of Marin County were exterminated and dragged down here and thrown into the bay.

Anyway, that went well. We weren't allowed to talk about it at the time. We promised the tribe there would not be any publicity. It would be totally private. And we even said you don't even have to.

have us invited to this, but they did, and it was such a wonderful feeling of brotherhood, sisterhood that have ever been around.

We would have liked to continue it, but they've been busy with their language program.

and their casino in Roanoke Park, but maybe that'll happen again.

So on that creek, is one of the villages of Sauslii now, before the main village, which is down here on Caldonia Street for four blocks long and three blocks up the hill.

So when you do something about that creek, bear in mind that there are village remains there.

And I know where it is.

I can help you with that.

Um, The other thing is...

I don't remember now if it was a year ago or two years ago now. Maybe Herb would remember.

when I had been struck by a hit and run driver in a crosswalk in Soslidale.

And that's part of the reason why I've got this.

I was, It was said that something would be done, it would be investigated. I pointed out what's going on in Petaluma.

with the lighted crosswalk, a pedestrian, I'm not sure if they push a button or just The radar is aware of somebody that's there.

and lights in the crosswalk.

flash on and off.

And we really need something like that before somebody really gets killed. I almost got run over last night.

crossing over from the bus stop at Knappen Bridgeway when I got off the bus at 1130.

Don't ask me where I was.

.

Um, Can we really do something about this instead of just talk about it? It's not just for me.
00:53:26.15 Unknown We're right.
00:53:26.21 Doug Smith I'm not going to do it.
00:53:26.53 Unknown You know?
00:53:31.33 Neil Whitelaw It's I had an attorney told me that The fact that the console has been notified that there's a hazard makes them liable for treble damages in case of a lawsuit for negligence.

I'm not a lawyer, so I don't know how right that is.

but it does leave a lot of liability open to the city.

if something gets nailed in a crosswalk.

And I've almost been run over.

probably 20 times in the last three years.

Crossing Bridgeway, Fahrenheit.

So thank you.

Thank you.
00:54:03.07 Adam Politzer you
00:54:04.13 Neil Whitelaw Mr. Mayor, if I may.
00:54:05.82 Adam Politzer I appreciate the comments that were made tonight and the same comments that have been made in the past in the city It's listening and responding.

And you can see that as you drive down Caledonia Street or Bridgeway today.

We've improved the crosswalks, we've widened them, we've whitened them and we've used, the public works director can give me the right term, but some special paint that keeps it from wearing out or Um, or dolling out anytime soon.

The Council approved the recent budget replacement of our Bridgeway lights It may also include our parking lots downtown, not here at City Hall at this point.

for LEDs which will give a brighter light on the street You folks heard a presentation from the police department a few months ago on the street smarts program and you're seeing those banners. That's a countywide program, educational tool on helping pedestrians and bikes and cars share the road and slow down traffic in some of the residential neighborhoods and you'll see residents with their own little banners out in front that this program provides and then with tree trimming around trees which have overgrown around the lights the Public Works Department has worked to remove that.

We are looking at the possibility of the electronic lights on the crosswalk But there are Um, concerns that come with that liability, that if they ever stopped working and someone were to get hit, then the city would take on that responsibility. So it's not that we've ruled that out and we'll continue to explore that and there are some locations that people would support having those.

but they are things that light up and illuminate. And if someone's crossing the road at 3 in the morning, and you live nearby it.

in one of the upstairs apartments down on Bridgeway.

you may have the strobe light effect going on every time a raccoon crosses the street at that location.

or someone pushes the button or however they're activated.

So I do think that the city has taken some steps to improve pedestrian crosswalk visibility both with the lights and with the street themselves.
00:56:19.67 Herb Weiner Thank you, Adam.
00:56:20.38 Herb Weiner Thank you.
00:56:20.40 Herb Weiner Thank you.
00:56:20.41 Herb Weiner Thank you.
00:56:20.47 Herb Weiner Thank you.
00:56:20.50 Unknown not a place to go in again.
00:56:22.14 Herb Weiner No, you have.
00:56:22.24 Herb Weiner Uh, Thank you.
00:56:22.78 Unknown Yeah.
00:56:25.59 Herb Weiner Okay.

All right, next we have Joe Reich.
00:56:35.92 Steve Moore Let's go, right?

Attorney.

you I've given my contact information to the clerk. I had a simple Thank you.
00:56:52.80 Doug Smith Thank you.

Thank you.

Thank you.
00:57:04.02 Steve Moore Thank you. Rooney has been in the news media recently.

because he's one of the very few people who were captured and virtually enslaved, by caretakers.

Uh, What we're talking about here is elder financial abuse.

And probably the best-kept secret I've stumbled over in 20 years is the fact that your standard elder financial abuse is almost always a crime which can be committed against the gullible or vulnerable of any age.

And in fact, I challenge anybody here to find a headline in the Moran IJ or anywhere.

where any other kind of elder financial abuse has been alleged by the DA, by law enforcement.

This is the kind of elder financial abuse that are reflected in those articles.

where the Elder...

through cajolery, trickery, force, Usually signs trust documents, but not always.

a trusted person at one point, caretaker relative, captures them, takes over their entire will, I'm not talking about the legal document. That comes next when they're forced to sign a will, or sometimes the signature is forged.

And what I want to make a point of is that district attorneys all over the country run like bunnies from hounds from this kind of case. Bank robberies, rapes, burglary is so straight cut and easy to go after, and these are so complicated. Just hitting one point, why DAs hate it, They hate it because their major witness, the victim, is almost always dead or is at a point of dementia where they don't have capacity to be a witness. Or in many cases, not having a long many years in front of them, they don't want to waste the last one or two in vicious litigation.
00:58:58.58 Unknown Thank you.
00:59:09.08 Steve Moore So the kind of case is really hard to win.

The defendant almost always claims a gift, and that's hard to beat beyond a reasonable doubt.

And sometimes, of course, the victim may turn on the DA. This never happens in bank robberies or rapes or burglaries.

But in some cases, the victim will turn on the DA and sue him.

But even though the DA's decision in terms of scarce resource allocation, he's only got so many people on staff, only so many deputy DA's, It's a tough case to win, and so basically they'd rather go after bank robberies with their staff than the other kind. Now I'm here on a continuing basis to talk to the members of the council, Mr. Mayor, and anyone else that would like to talk about this. The community knows it's a problem.

People here all have their own stories and they're frustrated that nothing is done. We just need to have that out front.

I would like to see the DA just make a statement, hey, it's the Wild West out there. It's a jungle out there. Families are on their own. Thank you.
01:00:22.72 Herb Weiner Thank you.
01:00:22.74 Herb Weiner Thank you.

Is there anybody else that would like to make a comment?

All right, then moving along to the next. Approval of the minutes of the regular City Council meeting of November 15, 2011.
01:00:41.45 Carolyn Ford some of them.

Second.
01:00:44.53 Herb Weiner All in favor? Aye. Aye. Opposed? No. Okay, thank you. Okay, moving on next to the consent calendar.
01:00:45.82 Carolyn Ford Hi.
01:00:57.40 Carolyn Ford Mr. Mayor.
01:00:58.26 Herb Weiner Yes.
01:00:59.73 Carolyn Ford you
01:01:04.10 Carolyn Ford I would like to call...

Item 4G.

Notice regarding Sausalito sites proposed for designation as part of the San Francisco Bay Water Trail.
01:01:18.55 Doug Smith you
01:01:26.24 Herb Weiner Okay.

Thank you.
01:01:29.72 Jonathan Leone Any other?

If you could have a separate vote.

for items E and I. That would be appreciated.

Thank you.
01:01:39.59 Mike Kelly just separate as of the consent.
01:01:41.19 Jonathan Leone Yeah, separate consent votes for those. E&I? Yeah. Okay.
01:01:50.17 Jonathan Leone Okay, so, oh no, F and I, excuse me, not E, F, F and I.
01:01:53.81 Doug Smith Yes.
01:01:57.20 Doug Smith Okay.
01:02:07.09 Mike Kelly I picked up an error in the A discrepancy, I should say, in the, which one is it? K. And in K, in one place, the staff report is in conflict with the LAFCO resolution. So...
01:02:27.36 Mary Wagner Mr. Mayor, members of the council, this is item, it's actually on page 4K3. It's the LAFCO resolution establishing the city's sphere of influence. And actually I had an opportunity to talk to Lily Shinseng and she believes the discrepancy lies in the text of the resolution and the map.

that's attached to the LAFCO resolution. So we'll follow up with that and clarify with LAFCO the boundaries of the sphere of influence.
01:02:53.62 Doug Smith Okay.
01:02:53.89 Jonathan Leone Great.

Thank you.
01:02:54.61 Mary Wagner .
01:02:54.70 Jonathan Leone Thank you.
01:02:54.72 Mary Wagner I do want to.
01:02:55.46 Jonathan Leone Thank you.

Hold on, adopting this, or no?
01:02:57.47 Mary Wagner It's just an information.
01:02:59.93 Jonathan Leone Okay. Oh, it's just a report, right.
01:03:00.22 Mary Wagner Thank you.

Oh, just a report.
01:03:01.47 Doug Smith Thank you.
01:03:01.67 Herb Weiner Thank you.
01:03:02.31 Doug Smith that thing.
01:03:03.24 Herb Weiner All right, so we're removing a notice regarding sites proposed for designation as part of the San Francisco Bay Water Trail.
01:03:12.20 Mike Kelly Right.

and then voting separately on F and I.
01:03:14.78 Herb Weiner Yeah.
01:03:15.03 Jonathan Leone I have an aye. Okay. I wanted to make that item. Which one was pulled? G. G. Up on the top.
01:03:22.36 Unknown G.

Yeah, make it 6B.

Six piece.
01:03:28.25 Herb Weiner speak.
01:03:28.95 Unknown Thank you.

Thank you.
01:03:30.95 Herb Weiner you
01:03:31.00 Unknown Thank you.
01:03:31.01 Herb Weiner Thank you.
01:03:31.03 Unknown Yeah, I gotta get back.
01:03:31.97 Herb Weiner you
01:03:32.03 Unknown Thank you.
01:03:32.74 Herb Weiner Stop the yellow.
01:03:34.49 Unknown Thank you.
01:03:34.51 Herb Weiner Thank you.
01:03:34.52 Unknown Okay, then we're gonna vote on
01:03:37.04 Jonathan Leone So I'll make the motion to clarify this. So motion to approve is consent item calendars A, B, C, D, E, H.

H-J-K-L.

Second.
01:03:59.87 Mike Kelly Thank you.
01:04:01.03 Jonathan Leone Thank you.
01:04:01.10 Herb Weiner Thank you.
01:04:01.30 Jonathan Leone you All in favor? Aye. Aye. Opposed? Okay. And a motion to...
01:04:02.87 Herb Weiner Thank you.
01:04:02.89 Mike Kelly THE END OF THE END OF THE
01:04:03.03 Carolyn Ford I don't know.
01:04:03.46 Mike Kelly I'm sorry.
01:04:03.51 Carolyn Ford Bye.
01:04:03.55 Herb Weiner Thank you.
01:04:06.45 Mike Kelly .
01:04:06.72 Carolyn Ford Thank you.
01:04:10.53 Jonathan Leone Motion for items F and I.

to be approved separately?

You group the two together okay, Mike
01:04:19.80 Unknown It's like...
01:04:20.22 Herb Weiner Thank you.
01:04:21.49 Herb Weiner Thank you.
01:04:21.52 Herb Weiner No kidding.
01:04:24.12 Jonathan Leone Please call a second. Second. Okay. Second. All in favor? Aye. So I voted no on this before, so I'll just register that. And then, did you already make a motion on moving? Yeah. You did? Okay. All right. Okay. Okay.
01:04:24.59 Herb Weiner Thank you.
01:04:24.62 Unknown Thank you.
01:04:24.64 Doug Smith So,
01:04:28.37 Herb Weiner Bye.
01:04:28.93 Unknown Thank you.
01:04:28.96 Herb Weiner you
01:04:38.19 Unknown No, it isn't.
01:04:41.08 Herb Weiner Yeah.
01:04:41.40 Herb Weiner Thank you.
01:04:41.42 Herb Weiner Thank you.
01:04:41.45 Herb Weiner THE FAMILY.
01:04:42.61 Herb Weiner Did you?

Thank you.

Thank you.
01:04:47.15 Jonathan Leone Thank you.
01:04:47.19 Herb Weiner All right, so we'll through that.

Okay, next item that we have is on the omnibus municipal code amendment, and that's Jeremy Graves.

Lily
01:05:00.59 Mike Kelly It would be Lily.
01:05:02.78 Herb Weiner Sorry, Lily.

Thank you.
01:05:06.37 Doug Smith Thank you.
01:05:17.16 Lily Thank you, Mr. Mayor and council members.
01:05:33.36 Lily Since the adoption of the zoning ordinance in 2003, staff has been compiling a list of issues that would benefit from clarification in the zoning ordinance. And this includes issues raised by members of the public as well.

As a part of the city's municipal code update, staff brought this list of issues to the council in July of this year. We recommended a split between issues we've termed minor and then those issues which are major policy issues.

On July 19th and August 18th, we brought the minor issues to the legislative committee, and we talked about those. On August 18th, the legislative committee directed staff to bring those minor issues to the planning commission for discussion.

On September 7th, 21st, and October 12th, the Planning Commission held study session review of those minor amendments. On October 12th, the Planning Commission directed staff to hold a public hearing on the minor amendments. On November 9th, the Planning Commission held the public hearing and adopted Resolution 2011-29, which recommends City Council approval of these draft ordinance, which includes all the minor amendments.

The amendments affect titles 1, 2, 10, and 11 of the Municipal Code, and they clarify various sections. The amendments include clarifying uses, floor area, measurement of building height, substandard lots, public rights away, slope and level parcels, parking, setbacks, utility meters, railing heights, accessory structures, sidewalk dining, visitor serving stores, zoning permits, administrative changes to approved projects, administrative design review permits, building coverage, encroach permit, specific uses, tree permit standards, computation of time, noticing procedures, and diagrams.
01:07:37.95 Unknown Yes.
01:07:43.28 Lily So I have 60 slides here that go through each of the proposed amendments. I'm prepared to talk about each of the amendments with you.

But we think a better way to do it maybe would be to highlight the amendment very briefly.

And I'll go into detail on the amendments that we think deserve a little bit more discussion. If I've gone too quickly past this slide, you can just let me know and we can go back and talk about it, if that's acceptable to the council.
01:08:11.17 Unknown fact.
01:08:11.66 Doug Smith Thank you.
01:08:12.22 Unknown Thank you.
01:08:15.91 Lily So the first is this change that we've made throughout the sections that are affected by the amendments, wherever we saw a format change, so we saw section or it would say 10 dot dot dot SMC. We change that to just section 10 dot dot dot. And so it's all consistent throughout the document. So you'll see that on these slides.
01:08:44.80 Lily Section 1, this clarification affects Table 1024-1 and the Office Use Section. As it's written, it's unclear if this refers to the replacement of an existing structure or an existing office, and it should be clarified. We suggest that the regulation applies to new office structures and existing office structures, and so the word office should be added.
01:09:11.48 Lily This clarification affects Table 1024-1 and the uses regarding bars.

There's no definition of a bar in the zoning ordinance, but there is a definition of a drinking establishment which includes BAR, So this is the correct term, and therefore, bar would be replaced by drinking establishment.
01:09:35.09 Lily The Land Uses and Commercial Districts Table 1024-1 indicates that residential uses on the ground floor are allowed with a conditional use permit.

However, Section 1044, 190.

residential uses in commercial districts specifically allows only residential uses in commercial districts above the ground floor.

under a variety of conditions.

And therefore, this is an incorrect reference to a conditional use permit requirement, and it should be removed.
01:10:09.33 Lily The Commercial Land Use Table has no WM zoning designation. However, the zoning ordinance refers to a WM zone. In Table 10-24-1, has a WM zone, and so the clarification would add WM to the table and then reference table 1028-1, which has all the development standards for that zoning district.
01:10:35.96 Lily In the table 10...

40-1 gross flare area is just listed as GFA.

and this should be defined.

In addition, Multiple family residential parking standards say that the parking standards for one bedroom or less is 1.5 parking spaces per dwelling unit. For clarification, we wanted to change less to studio to make it crystal clear.
01:11:07.65 Lily The next few slides deal with the diagrams in the zoning ordinance. All of them will have a note that says, this diagram is for illustration purposes only. The text of the zoning ordinance shall be used in the event of a conflict between this diagram and the text. So all the diagrams will have that note.

diagram two, we'll have the note, and then we would remove the site diagram that's below this cross-section diagram. It's actually incorrect, and talking with the planners in the office, we don't think that there needs to be a site diagram for this to illustrate the above water structures, so we would suggest just removing that site diagram.
01:11:57.60 Lily Diagram three, this is level sites. The site diagram is incorrect, and so we've created a new site diagram.
01:12:09.55 Lily Similar situation for diagram four, which is uphill sites. Actually, all of the diagrams were incorrect. So we've created new diagrams that describe the requirements for uphill sites. You can see the diagrams more clearly in the draft ordinance, too.
01:12:30.10 Lily This is for downhill sites. The site diagram has been replaced.

For diagram six, that only changes the note to the diagram. Same for diagram seven.
01:12:45.88 Jonathan Leone Lily?
01:12:46.59 Lily Yes.
01:12:46.64 Jonathan Leone Yes. Can I suggest as you run through these, you just maybe in a sentence kind of say what the problem was, why these, not that they were incorrect, but the problems they were resulting in in terms of interpretation. That might help people get their heads around why they changed some of these things.
01:12:59.30 Unknown Sure.

Thank you.
01:13:04.70 Lily This is the note to the diagram again.

This is adding a reference on the diagram to this, to back to the section that describes the text that describes this diagram essentially.
01:13:26.23 Lily This is a brand new diagram that would be added to illustrate how floor area for staircases is calculated. There's another section further down where that clarification is made.

So for staircases, if they're stacked one on top of each other, floor area is calculated only once. If they're offset from each other, floor area is calculated on each level. So this diagram illustrates that.
01:13:56.54 Lily This is a clarification of language with regards to substandard lots.
01:14:07.52 Lily This is the incorporation of the language I just discussed about the floor area ratio for staircases and how it was clarified.
01:14:21.26 Lily This is clarifying language for floor area ratio. The way that it's worded, it's confusing, and so we have eliminated the confusion by re-wording the sentence.
01:14:38.39 Lily This is adding a cross-reference for a more user-friendly document.

This is another instance where we've added a cross-reference.

So reference to the diagram in the appropriate text of the zoning ordinance. So make a more user-friendly document.

Another reference to a diagram.
01:15:06.97 Lily This is clarification of language in the sloped and level parcels section. And it clarifies the language. There's no change to the intent.
01:15:23.32 Lily So this is a similar situation where it's adding some clarifying language and there's no change to the intent.
01:15:33.87 Lily This is giving another reference to a diagram.
01:15:36.35 Doug Smith Thank you.

Thanks.
01:15:39.35 Lily Diagram reference.
01:15:44.10 Lily diagram reference.
01:15:48.64 Lily This is an amendment that would include above ground meters as allowable encroachments into setbacks.

and utility service meters are commonly requested on the sides of homes, which may be right at the setback.

and In these cases, the utility meters caused an encroachment into the setback, and so this amendment would allow some relief for property owners.
01:16:18.51 Lily This is, again, clarifying language. And then there's some language that's included to provide an update to be compliant with the building code as well.

Thank you.
01:16:33.24 Lily This, again, is clarification of language for the off-street parking requirements. There's no change to the intent here.
01:16:46.37 Lily This adds a reference to sections at the beginning of the specific use section.
01:16:57.88 Lily This amendment is to reserve a section for future regulations for accessory dwelling units.
01:17:06.11 Lily This amendment clarifies language to eliminate errors.
01:17:14.82 Lily This section 32 provides a cross reference
01:17:23.69 Lily This section addresses regulations for music and dancing. This section right now is not organized very well, so the proposal is to reorganize it in order to make it more clear.

Specific findings as referenced in another chapter, the Minor Use Permit Chapter, would be brought into this section so that all the regulations are in one place.

And then another change would be the reference from the planning director to the community development director.
01:17:54.83 Lily Section 34, this is to use appropriate and consistent terminology in addition to cross-referencing.
01:18:05.93 Lily Section 35 is correcting errors in the visitor serving store section. The definition includes four additional types of visitor serving stores which aren't included in the requirements of the zoning ordinance. So those four types of stores would be brought in so that it's consistent with the definition.
01:18:34.11 Lily Section 36, this is a clarification of requirements. This section requires a conditional use permit for visitor serving stores.

The question posed to staff was that if a conditional use permit is needed, if a visitor serving store that has an existing CUP is being replaced by another type of visitor serving store. So for example, an ice cream store that has a CUP is being replaced by a massage business. Does that require a new CUP or does the existing CUP cover that.

store.

So the language that would be brought in would clarify that any change from one type of visitor serving store to another type would require a conditional use permit.
01:19:22.43 Lily Section 37 corrects an error.
01:19:29.45 Lily Section 38.

This section addresses changes to an approved project. Currently, this section states that applicants can request changes to an approved project at any point, even after the construction has occurred.
01:19:44.13 Doug Smith And, What?
01:19:45.80 Lily And these changes could be approved at the staff level if the community development director finds that the changes meet several findings as outlined in this section.

This section has been problematic for staff in the past for three different reasons. First, it doesn't establish a time limit wherein the changes must be requested. So if a design review permit is approved for a new home and the changes are being requested before the house has been finaled, staff is comfortable with approving those changes if they meet certain findings as required by this section. However, if 15 years down the road, the property owner wants to make changes to the house, they should go through a new permitting procedure as outlined in the zoning ordinance. So there should be a cutoff point to when someone can request those changes. So this change establishes a cutoff point.

Another problem is the section currently doesn't establish any noticing procedures.

Every decision of the community development director or department is appealable to the planning commission.

However, Neighbors must be informed of the decision in order to appeal it.

So we think that there should be a noticing procedure set forth in this section.

that's included in this section here.

This section also doesn't address appeal rights of those who aren't in agreement with the community development director's decision.

So it's reference, we've added a section here that would allow for those appeal rights in reference back to the appeal section.

Michael Rex has written in the council a letter that's included in your packet regarding this change. Mr. Rex is concerned about the impact that noticing for changes to an approved project may have on both the homeowners' decision to move forward with the changes and the decision of the homeowners to institute those changes without coming to the community development department and requesting them.

However, staff recommends that the council adopt the language as recommended by the Planning Commission, so what's in your draft ordinance. However, if the council sees merit in Mr. McRex's suggested modification, then we would recommend that additional language be added, that at least a notice be posted on the site after the decision is made so that someone has the ability to appeal it.

It should also be noted that if the Council would like to pursue Mr. X's suggestion pursuant to Section 1080.070, the modified language would first need to be referred back to the Planning Commission for a recommendation back to the Council.
01:22:36.07 Lily This is Section 39, and this describes the requirements for zoning permits, which are a low-level ministerial type of a permit for small projects where staff ensures that the projects meet the development standards, and if it does, then staff can approve it.

The way that this section is written indicates that If someone needs any type of building permit, an accompanying zoning permit is also required. However, this has been quite onerous on applicants as zoning permits would then be required for interior work, like a replacement of a water heater or cabinets replacement. So we've established a policy that we've been using that exempts certain interior non-structural projects from this zoning permit requirement. So this change would institute that policy.
01:23:34.76 Lily These two changes to the sections are in the section of the zoning ordinance that address those projects that require administrative design review.

An administrative design review is currently required for minor revisions to approve projects that do not appreciably alter the character or appearance of the project's design. Since there's the other section that we just talked about that addresses changes to an approved project, there's a conflict between these two sections, and staff has been having problems determining when you use this section and when you use the changes to the approved project section. Since we've been adding a noticing requirement for the changes to the approved project section, the suggestion is to eliminate this requirement here and then add a reference in the introduction to the designer view permit section that says if you're having a minor revision, you go back to this section and look at the requirements in that section.
01:24:31.91 Doug Smith Yeah.

requirement.

Thank you.
01:24:39.22 Lily This is section 42. These amendments deal with the design review permit section and what's required for a design review permit. There is no required design review permit for a new commercial building. And so staff recommends revising this section.

one here which currently requires a design review permit for a single family, multi-family house to say any structure proposed for construction.
01:25:09.06 Lily Section 42, again, this is clarification of language. The intent doesn't change here.
01:25:19.28 Lily And the last part of Section 42, this is adding a cross-reference. In the specific use section, there's allowance for side yard structural projections under certain conditions if a design review permit is obtained from the Planning Commission. So that should be one of the criteria under the design review permit section. So it's cross-referencing.

Section 43 addresses terminology and makes a clarification.

Section 44 is also a clarification, no change to the intent.

Section 45 eliminates multiple references
01:26:07.54 Lily Section 46 reserves the section here.
01:26:14.78 Lily Section 47 deals with the noticing procedures Currently, the zoning ordinance prescribes a variety of noticing processes for various types of applications.

and staff in the planning commission recommend a consistent noticing procedure.

for all different types of applications.

So currently the ordinance requires either a 10 day or 12 day noticing period prior to Um, holding a public hearing or making a decision.

So the change would make it so that there's a consistent 10-day noticing in advance of an Administrative Design Review permit or a hearing for a design review permit from the Planning Commission or the Zoning Administrator or something in front of the City Council. There's also an inconsistent noticing radius. Some projects require 100 feet. Other projects require 300 feet.

The change would make it so that there's a consistent 300 foot noticing radius to property owners and occupants. There's also outdated language referencing a requirement to send the notice to property owners, and in addition to those on the city's latest copy of the Pacific Telephone Reverse Directory.

So instead of that reference, staff is recommending The notice go to all property owners and occupants.

In addition, decisions on projects are currently required to be distributed to the applicant. It's been a Community Development Department policy to mail the decision to the applicant and all persons who submitted written comment on the application.

So the change also incorporated in here would make that policy a regulation.
01:27:57.96 Lily Section 48 eliminates repetitive language.

Section 49.

removes a reference that does not exist.
01:28:13.11 Lily Section 50 creates a new definition that didn't exist that was needed.

for building height, which references back to the section that talks about building height.
01:28:27.93 Lily Section 51 and 52, this is clarifying language in Title 11, and this is to modify the tree permit standards to be diameter at breast height, not circumference at breast height. The standard in the industry is to use diameter at breast height, not circumference at breast height. This has caused a lot of confusion in the past with applicants and staff, and so the amendment, the standard should be converted and revised to be consistent and for easier use of this document for applicants.
01:28:59.60 Jonathan Leone You can't do that pi r squared right.

Thank you.

Thank you.
01:29:07.23 Lily Section 53 is a clarification of language.

Section 54 is for consistency in language.

That brings us to the end. So our recommended action is to hold a public hearing, which you're doing right now on these amendments.

Introducing the read by title only ordinance of the City Council and the City of Sausalito, amending titles 1, 2, 10, and 11 of the Sausalito Municipal Code to correct errors, clarify ambiguities, and modify various sections for increased effectiveness, and then schedule a second reading for the next regularly scheduled meeting of the City Council.
01:29:51.36 Herb Weiner All right, thank you. Any questions? Yeah. Council Member Leon?
01:29:53.70 Jonathan Leone Thank you.
01:29:53.82 Lily Thank you.
01:29:53.84 Doug Smith Thank you.
01:29:53.96 Lily Thank you.
01:29:53.97 Doug Smith Thank you.
01:29:55.20 Jonathan Leone Lily, aside from I think it was 47, are there any other items that were changed markedly by the Planning Commission in their process on these? 47 was the noticing period. Was there anything else that leaps out in your memory that changed largely from the legislative side?
01:30:17.16 Mary Wagner Council Member Lynn, I was going to jump in here too. If there was something that the Planning Commission had significant comment on, it might have gotten moved off the minor amendment list and onto a further discussion list. And there are a couple of those things I think that they were struggling with. One that jumps to mind is the three affirmative vote versus a majority of the quorum that's present. It's one that I remember and there are probably others as well. But what we did because we were trying to get these cleanup changes in place Thank you. a majority of the quorum that's present is one that I remember and there are probably others as well. But what we did because we were trying to get these cleanup changes in place is move any of those items that needed further discussion off of the cleanup change and onto that other table.
01:30:17.31 Jonathan Leone I'm not.
01:30:17.38 Lily Bye.
01:30:28.84 Unknown Okay.
01:30:39.05 Unknown It's present.

Right.
01:30:53.34 Jonathan Leone Can you flip back to number 47?

So the original intent of having the different notices for the minor permits, which we've also, which has changed earlier to sort of push more down towards the administrative level, even away from ministerial level, a crow-over-the-counter versus the zoning administrator or more of a formal permit process in the planning commission was to those were like 100 and then 300. The smaller permits are the less onerous permits.
01:31:23.68 Unknown smaller.
01:31:25.98 Jonathan Leone So, That's fine if they want to bump it up to 300.

for the minor, more minor permits, but my problem with the major ones, is that 300 feet is not a lot of lots. It doesn't really have a broad noticing area.

Whereas the conflict of interest code that we use is larger than the noticing in terms of, you know, if you're on the Planning Commission you can't rule on something, is larger than the notice area that we use. So I think that's 500 feet would be my suggestion for the Planning Commission.
01:31:55.51 Unknown It's a good thing.
01:31:59.40 Unknown Yeah.
01:32:02.38 Jonathan Leone um, reviews, just to make sure people know. I mean, they're not the most easy notices to understand what's going on, but at least you get one. You know, so I think that...

I don't have a big problem with increasing the zoning permits and things up to 300 feet. The more people know, the better it is. And that's the whole reason, frankly, why I got involved in the Planning Commission, is all of a sudden something happened and I didn't realize how it works 10 years ago, 12 years ago. So I would suggest that we increase the Zoning Administrator Planning Commission City Council review up to 500 feet.

I know you augment that all the time, depending on the nature of the project, if you will go down a whole street, but sometimes that's only three or four lots down from a project, so that would be my suggestion.

And the 10 days, I think you should make it 10 business days. Because if you actually go on vacation, if you're lucky enough to be with a few people who can take two weeks, which I have not in quite some time, but you would not get this.

you would come back and something would be approved while you're gone, versus 10 business days kind of floats around the idea of taking two weeks vacation, at least you have potentially an option to get it.

and act on it.
01:33:15.71 Adam Politzer Thank you.
01:33:15.75 Unknown I heard much of this.
01:33:16.68 Adam Politzer Thank you.
01:33:16.69 Jonathan Leone Yeah, Jeremy.
01:33:16.76 Adam Politzer Thank you.
01:33:17.55 Jeremy Graves Thank you.
01:33:21.05 Jeremy Graves Jeremy Graves, Community Development Director. On the 300 feet versus 500 feet, 300 feet is a standard established by the state. And so I'd say that's pretty easy to do.

you 80% of the cities, 90% of the cities use that for all their notices. So that's what we were trying to achieve, uniformity here, so we can avoid a notice glitch. So I think from the staff perspective, we felt that 300 feet works pretty well. I think our preference would be to continue with 300 feet. In terms of moving from 10 calendar days to 10 business days, And that is going to have some serious ramifications because then we're tied right now.

To meet 10 calendar days, if the Planning Commission meets on Wednesdays, I know those notices have to hit the mailbox on Friday. Actually, they have to hit the mailbox on Saturday, but since we're not here on Saturday, we mail them one day early. 10 business days, it gets into what's a holiday.

and it gets us into the whims of the of the Postal Service. And the more recent articles I hear, the Postal Service is looking at having slower delivery of first class mail.
01:34:38.20 Jonathan Leone that's not going to be.

Thank you.

Thank you.

14 days instead of 10 days. Then you have two weeks ahead of time. It delays our project.
01:34:45.19 Jeremy Graves It delays our projects. It delays staff's ability to move projects expeditiously through the Planning Commission. So if a project that is fairly simple and we have an available spot on the Planning Commission agenda, we can sometimes the the item that's on the critical path is the first item on the critical path to get it to the Planning Commission is can we meet the notice requirements. Expanding the notice, expanding the time of the notice requirements is going to push more items off the agenda and or push them on and delay the city's processing. From a staff's perspective, we're trying to, we feel we are very strict and tough on the analysis of the projects, but one thing we take pride in is that we get them to the Planning Commission as soon as possible. This would slow that down, so I don't think that's good from a business development perspective.

Thank you.
01:35:53.95 Jeremy Graves Thank you.
01:35:53.97 Herb Weiner Yeah.
01:35:54.17 Jeremy Graves Thank you.
01:35:54.91 Linda Pfeifer Mr. Mayor, may I comment on this? Go ahead. I don't know if we can comment on it. No, it's a question. Because I don't have a question. Excuse me.
01:35:56.73 Herb Weiner Go ahead.

No, it's a question. Because I don't have a question. No, excuse me. It's only questions when we come back. Thank you.
01:36:03.52 Linda Pfeifer Thank you. That was why I was asking. Thank you.
01:36:06.13 Herb Weiner Okay.
01:36:09.76 Herb Weiner Any other questions?
01:36:10.88 Herb Weiner Thank you.
01:36:10.98 Herb Weiner you
01:36:11.06 Herb Weiner you
01:36:11.35 Herb Weiner and he's like,
01:36:11.59 Herb Weiner Thank you.
01:36:11.60 Linda Pfeifer Actually, Mr. Mayor, I'm sorry, I do have a question for staff. Okay. So it's actually on a different one on Section 37.
01:36:11.70 Herb Weiner Bye.
01:36:11.72 Herb Weiner Thank you.
01:36:11.92 Herb Weiner Thank you.
01:36:11.96 Herb Weiner Bye.
01:36:12.18 Herb Weiner Thank you.
01:36:13.12 Herb Weiner Yeah.
01:36:13.36 Sophie Frazier Thank you.

Okay.
01:36:22.91 Linda Pfeifer going from biannually to biannually, why was that change made?
01:36:29.94 Lily So if it said biannually, that would mean that the reports for these EMF exposure levels would be submitted twice a year to the city.
01:36:38.05 Linda Pfeifer Right.
01:36:39.41 Lily If you read a little bit further down, the second sentence says, on years when testing is not required, the operator, the antenna, et cetera. So it implies that there's off years. So we think that the word should actually have been biannually every two years.
01:36:49.23 Mary O'Mara Thank you.
01:36:49.27 Linda Pfeifer So we think...
01:36:55.31 Lily Thank you.
01:36:55.32 Linda Pfeifer I have a follow-up question.
01:36:57.60 Jonathan Leone That was the intent originally when this was written.
01:36:57.96 Linda Pfeifer Bye.
01:37:01.03 Jonathan Leone you
01:37:01.11 Doug Smith you
01:37:01.16 Jonathan Leone Thank you.
01:37:01.37 Doug Smith Thank you.
01:37:02.85 Linda Pfeifer So that was the intent. So then my question is, has that been how this ordinance has been interpreted? In other words, have...

the operators of current antennas been testing twice a year or have they been submitting this every other year? Every other year. Okay. Thank you.
01:37:21.52 Herb Weiner you
01:37:23.10 Herb Weiner Thank you.
01:37:23.12 Herb Weiner Thank you.
01:37:23.14 Herb Weiner Any other questions from up with the council? Okay, public comment at this time?
01:37:36.45 Michael Racks Hello, I'm Michael Racks, local architect. And first I want to thank Lily and Serge from Mary's office for the diligent work.

pursuing this effort that we've been waiting for for eight years since 2003 when the zoning It's great to see this finally happening. Of the 60 or some items, I'd like to speak on five of them. Almost all of these are either perfunctory or good and appropriate, but three of them are not, and I'd like to speak to those. The first one I'm going to touch upon, I actually wrote you a letter dated November 27th. I hope you had time to read it because I don't have time to go into it.

This relates to noticing for minor changes to approved projects. And I think it makes sense that for significant changes to approved projects, the neighbors be noticed. So amending 10.50, 180 to include noticing I think is a good thing for significant changes.

It's not a good thing for very minor changes. Minor changes are defined in Section 10.54, I'm going to read it to you. Minor revisions to approved projects where the change does not appreciably alter the character or appearance of the project's design.

Um, We're talking about striking that from that section and requiring notices for changes that have no visual impact or any – well, I should say no appreciable alteration to a project. That would be a mistake to require noticing for every single possible change to an approved project. Our zoning orders would be out of line with reality. There's no possible way for a designer to envision every possible condition during the conceptual design approval phase. The projects are further refined as the working drawings are prepared, and even during construction, some minor changes have to be made. Right now, the code allows for us to go down and talk to the zoning administrator and get that approved in an expeditious way. During construction, that speed is essential because we're under construction. If we don't have that opportunity, two things will probably happen other than waiting weeks for public notice. The homeowner will just say, go ahead and make the change without approval. So now things are being built that don't conform to the approved plans. That's unfortunate. Or they'll forego making the change and will lose the opportunity to make some refinements to a project. I urge you to not delete that opportunity from our coat. That's not a housekeeping or minor change. That's a significant change. And I think it wasn't properly discussed or fully discussed during the Planning Commission hearing. There was confusion about which sections we were talking about, and we didn't, I certainly didn't have the time to point out the problem. So with that one, I'd ask that you either send it back to the Planning Commission for further vetting or back to the Legislative Committee, and if you're not willing to do that, there's some language in the staff report that we can do.
01:40:29.10 Unknown Thank you.
01:40:55.10 Michael Racks would resolve the matter, and you could adopt that as an option. So I'd like to briefly comment on a couple others. May I? Go ahead. Thank you. Michael, but brief, you know. Yeah, well, that was the longest one, so the others are even simpler. That was three minutes. The next one is on page five. It's the third one down. This has to do with the CUP of... Which section of the code do you want? It's section one.
01:41:03.96 Jonathan Leone Thank you.
01:41:09.28 Unknown and set up there.
01:41:10.04 Doug Smith I just
01:41:10.69 Unknown Yeah.
01:41:11.35 Doug Smith Thank you.
01:41:11.39 Unknown Thank you.
01:41:20.04 Jonathan Leone See you.

section of the code.
01:41:26.64 Michael Racks And in your attachment one, it's on your page five. Is this the impervious service one? No. This has to do with...
01:41:32.33 Unknown No.
01:41:34.59 Michael Racks removing the opportunity to with a CUP have a residential use on the ground floor.

The table allows a CUP but the section of the code, the text, doesn't later on in the code.

So there is a discrepancy that needs to be resolved. But removing the opportunity to have approval for ground floor residential use in a commercial zone. That's not cleanup. That's not a minor change. That's a significant change in entitlement. And I think it should come off this list. And let me explain why.
01:42:08.02 Mike Kelly All right.

So we can all get on the same page that you're on. Mary, what section?
01:42:09.28 Michael Racks So we can get...
01:42:10.03 Unknown We'll get on this.
01:42:11.92 Michael Racks Mary, what section is this?
01:42:12.96 Jonathan Leone So,
01:42:13.08 Mike Kelly Thank you.

I was looking at the staff before it.
01:42:14.55 Unknown Thank you.
01:42:15.24 Mike Kelly WELL, WHAT PAGE YOU
01:42:15.63 Jonathan Leone Thank you.

What's the section that's cited there?
01:42:15.97 Michael Racks What's the second?

Thank you.
01:42:16.73 Mike Kelly Thank you.
01:42:16.76 Michael Racks That's sighted there.
01:42:17.59 Unknown Thank you.

Page five. No, but just these.
01:42:19.26 Michael Racks No, but just the- Section one.
01:42:22.58 David Kleiman 10-24-1.
01:42:22.63 Unknown I'm like,
01:42:22.90 Michael Racks I'm sorry.
01:42:22.97 Jonathan Leone A lot of
01:42:27.14 Jonathan Leone Sorry. Help. They're all in order of the section, Michael. So just help us out with the section.

It's a different Michael. Don't speak out of here in the back there.
01:42:37.04 Doug Smith It's a different Michael. Don't speak out of here in the back there. Thank you.
01:42:44.44 Jonathan Leone It's on the first page of the table. The first page of the table, the third one down.
01:42:46.83 Mike Kelly Thank you.
01:42:46.98 Doug Smith Yeah.
01:42:47.02 Mike Kelly It's on.
01:42:47.83 Doug Smith Thank you.
01:42:48.10 Mike Kelly The first page of the page.

I'll roll the third one down. 5A27, thank you. 5A27. 5A27. 5A27. 5A27. Yeah. 5A27.
01:42:50.65 Jonathan Leone Thank you.

Right.
01:42:51.56 Doug Smith Bye-bye.
01:42:51.98 Herb Weiner THE END OF THE END OF THE
01:42:52.16 Unknown Thank you.

Thank you.

AND I'M GOING TO BE Yeah.

Yeah.

Amen.
01:42:58.12 Michael Racks 585.
01:42:59.91 Unknown Thank you.
01:43:00.03 Mike Kelly country.
01:43:00.50 Unknown Thank you.
01:43:00.57 Michael Racks Okay, sorry. This is pointing out a discrepancy between text and table. And table 10.24-1 allows
01:43:02.83 Unknown Um,
01:43:03.11 Mike Kelly Thank you.
01:43:10.30 Michael Racks with a conditional use permit, ground floor residential use and commercial zones, but Section 10.44
01:43:16.07 Unknown Thank you.
01:43:16.09 Doug Smith But, uh...
01:43:16.45 Unknown Thank you.
01:43:17.44 Doug Smith you
01:43:18.52 Michael Racks .190.

For Hivitsin.

Um, And so I guess it's thought of housekeeping, you just get rid of the table, the section in that table, so it's aligned with the text. That's a fundamental change in entitlement, not housekeeping.

and, uh, Nobody knows about this. People who have commercial property should be noticed because they're losing an entitlement.
01:43:41.10 Doug Smith Thank you.
01:43:41.51 Michael Racks And there may be, I know we want to promote commercial use on the ground floor, but there may be instances where under a specific project we want the opportunity with the CUP to consider it. We're trying to promote housing in town.
01:43:49.45 Unknown you
01:43:56.31 Michael Racks Take a very deep lot where retail doesn't really work, weigh in the back.

Maybe we can put a little second unit or a cottage there where the homeowner or the shopkeeper can live.

Let's leave ourselves that opportunity and not preclude it. And certainly let's not do it without noticing property owners that are about to lose an opportunity to get approval for a use without being aware of it. I'd ask that you take that off this minor housekeeping cleanup list and send it back.
01:44:25.13 Unknown Send it back.
01:44:28.25 Michael Racks Then one other one that's of significance and, boy, I don't know because, again, I'm working from the staff report. Section 21.

It has to do with
01:44:39.96 Jonathan Leone How it has the code section next to it, it's all in order.
01:44:42.41 Michael Racks What page is that?
01:44:44.33 Jonathan Leone What does that mean?
01:44:44.65 Herb Weiner Thank you.

That's right. And Jeremy will tell us.
01:44:54.46 Jeremy Graves Thank you.
01:44:55.60 Herb Weiner Thank you.
01:44:55.62 Unknown Go ahead, Jeremy.

Thank you.

Page 5a, 42.
01:44:57.73 Jonathan Leone of the
01:45:00.67 Unknown Thank you.

Which section of the code is it?
01:45:01.58 Jonathan Leone Thank you.
01:45:03.89 Unknown Section 21, 10.40.060C3, parking exception.
01:45:04.09 Jonathan Leone Thank you.
01:45:11.53 Michael Racks for the most. This precludes, if you have a detached parking structure, it would be an accessory structure limited to 15 feet.

Hi.

And that, That's what this is suggesting, we change too. The problem is, is on downhill lots, if sometimes your house is further down the site and your garage is up near the street, And, just to get a garage there, not even a car deck with a guardrail, not even a carport on a really steep downhill lot, you're going to be higher than 15 feet.

And so just a blanket change that requires all detached parking structures can be no higher than average grade of 15 feet.

is going to be a problem for these really steep downhill lots. I can tell you, we've got some projects like that.

So I don't think this has been really thought through, and I'd like it to come off the list and go back to the Planning Commission for further dialogue.

The only other two comments, and they're not of real substance, on the diagrams, the new diagrams, I don't think they've been really critiqued fully. I haven't seen them. I'd like those diagrams, the new ones.

that are going to replace the old ones to be reviewed by the legislative committee so we can be sure this time we get them right. Also, in several sections, there's discussion of new language should be written. For example, where it talks about what projects get approved through the zoning administrator or have to go to the planning commission. Those sections are horribly written.

It's stated in here that, and I could show you where if you want to know, new language should be written.

I would like that new language to go back to the Legislative Committee for wordsmithing. We haven't seen that language. If you want to know which one, it's Section 41.
01:47:08.27 Herb Weiner Thank you.
01:47:09.35 Michael Racks That's great.
01:47:14.05 Michael Racks It says, therefore, the language should be revised.
01:47:19.02 Unknown That's all it says.

Where is this?

He's telling us how.
01:47:27.07 Herb Weiner What page is that, Jeremy?
01:47:28.24 Michael Racks We're at page 5A, 54.

Thank you.

THE STAFF REPORT SAYS THE LANGUAGE SHOULD BE REVISED, AND WE HAVEN'T SEEN THE LANGUAGE.
01:47:36.81 Mike Kelly We've got the language. It's right there.

Thank you.

Thank you.
01:47:40.46 Michael Racks Thank you.
01:47:40.51 Mike Kelly ALL THE OTHER.
01:47:40.68 Mary Wagner Mr. Mayor, just for clarification, this is the same language that went through the Planning Commission. And the diagrams also went through the Planning Commission. So this is not new.
01:47:40.90 Michael Racks Thank you.

Yes, ma'am.
01:47:43.09 Unknown Yes.
01:47:43.16 Michael Racks Thank you.

Thank you.
01:47:45.84 Mike Kelly Thank you.
01:47:45.87 Michael Racks Yeah.
01:47:46.89 Unknown Bye.
01:47:46.90 Michael Racks with the government.

No. OK, then I'm mistaken. I was reading this and didn't say the language. I was just going from the staff report, sir.
01:47:52.96 Herb Weiner Yes.
01:47:53.18 Unknown Thank you.
01:47:56.71 Herb Weiner Yes, sir. All right.

I'm going to cut you.
01:47:58.02 Michael Racks Thank you.
01:47:58.04 Herb Weiner Thank you.
01:47:58.07 Michael Racks Okay, then to wrap things up, one processing I'd like to ask,
01:47:58.19 Herb Weiner Uh, No.
01:48:05.40 Michael Racks How does this get, will there be a draft zoning ordinance that'll be circulated before you take final action to adopt, or does this all get approved tonight?
01:48:14.71 Mike Kelly It gets approved tonight.

Thank you.
01:48:15.88 Mary Wagner Thank you.
01:48:16.91 Herb Weiner Uh,
01:48:17.12 Mike Kelly you
01:48:17.21 Herb Weiner Thank you.
01:48:17.38 Mike Kelly Thank you.
01:48:17.41 Herb Weiner to see.
01:48:17.46 Mike Kelly it.
01:48:17.68 Herb Weiner Mary, Mary.
01:48:18.98 Mary Wagner Yeah, Mr. Mayor, this has gone through extensive discussion at the Legislative Committee, at the Planning Commission four times.
01:48:25.24 Herb Weiner Thank you.
01:48:25.48 Herb Weiner Thank you.
01:48:25.51 Unknown Thank you.
01:48:28.97 Mary Wagner The Planning Commission is seeing this language first through a series of study sessions and then through the public hearing where they went through all of it again. What happens after this, the council will take action tonight, is what staff is asking you to do, to give first reading to the ordinance. You will then be brought back to you for second reading at your next regularly scheduled meeting if that's what you direct us to do. 30 days thereafter it becomes effective. What will ultimately happen is all of this is going to get recodified with code publishing hopefully sooner rather than later. So what will be republished will be the cleaned up version with all the changes and that will then be put up on the website when we take final action on the recodification of the entire municipal code.
01:49:12.43 Michael Racks That latter was my question. There'll be a republishing of a new volume, basically. And okay, that's what I wanted to know. I just will sit down, but I wanted to ask about, or I wanted to comment on this. No, no, no.
01:49:21.25 Unknown Okay.
01:49:25.22 Herb Weiner Yeah, no, no, no. No, I'm going to get you to see.
01:49:28.30 Michael Racks On the 500 feet, because that came up tonight on the 500 feet and the 10 business days, you hear a lot of folks out there complaining about how difficult and time-consuming the process is. We should be streamlining, not making it slower and harder. If we have a longer noticing period, I'll guarantee you we'll miss hearing dates. 500 feet from 300 feet to 500 feet. Many of our lots are 200 or 300 feet. We'd be noticing several blocks away that it won't be impacting people. So I'd like to stay with both the distance and the noticing period.
01:49:46.70 Unknown Okay.
01:50:02.63 Herb Weiner Okay, thank you for your three minutes.
01:50:04.13 Michael Racks Thank you.

you Shhh.
01:50:06.14 Doug Smith Thank you.
01:50:06.88 Michael Racks finish.
01:50:06.90 Doug Smith Mr. Jeremy's in place.
01:50:07.22 Adam Politzer Thank you.
01:50:08.03 Herb Weiner Yes, well, Peter, let me bring it. Yeah, yeah.
01:50:12.26 Doug Smith Thank you.

Yeah.
01:50:13.55 Peter Van Meter Peter Van Meter for Cloud View Circle. First I've heard of any of this, but just one of the things sort of caught my eye tonight, and that's your handout labeled Section 42 on page 24 of this handout. The change for design review permit to say any structure proposed for construction. If I want to build a mailbox, do I have to come to design review? If I want to put a trash container, do I have to come to design review? It says any structure.
01:50:38.79 Jonathan Leone Yeah, there are different definitions of the word structure in the back of the zoning ordinance. Structure is different than an accessory structure.
01:50:44.04 Peter Van Meter That's right.
01:50:46.70 Jonathan Leone Mary, do you want to comment?
01:50:47.41 Peter Van Meter Am I going to trust you on this, words? No. We'll look it up.
01:50:49.17 Mike Kelly Thank you.

Ha ha!
01:50:50.05 Peter Van Meter .

.
01:50:50.35 Jonathan Leone I'll see you later.
01:50:50.38 Peter Van Meter Thank you.
01:50:50.47 Mike Kelly I'm not.

Thank you.

you
01:50:50.92 Jonathan Leone Amen.
01:50:51.14 Mike Kelly .

Thank you.

Bye.
01:50:51.94 Jonathan Leone You've got to come prepared, Peter.
01:50:51.99 Mike Kelly You've got to come prepared, Peter.

Thank you.
01:50:54.52 Jonathan Leone Where you been, Peter? The city attorney will review that to make sure we're in line with that one.
01:51:01.27 Herb Weiner All right, is there any other comments? Mike?
01:51:09.96 Mike Wancef Mike Wancef, 211-4. I'm referring to what Michael Ratz talked about, especially that the Table 10-24-1. That is, I remember when this issue came in front of City Council many years ago, I think. Robin was at that time on the Council.

We were talking about that the first floor should not be converted to a residential in a CN area.

Unfortunately, the way our city is planned We have certain areas, let's say Caledonia Street, we have the whole area is CN.

So even in Caledonia Street, we do have some residential on the first floor.
01:51:56.52 Doug Smith you
01:51:57.02 Mike Wancef Now, You go other places in town, there's a small little lot. In the middle of the R3 is a CN.

Well, It never worked.

It's never been successful in any business than that.

If you do not, permit the owner to come and prove to you. The burden of proof is on the person who's applied for that.

to convert that to residential.

At least it detracts the blight of the city because that place is sitting vacant for such a long time. A good example, Valhalla.

It's been sitting for so long, we have tried many restaurants, many businesses, and didn't work. Now, what are we going to do? At the time when that thing was working, It was a red light district? Sure. You want me to open a red light district? I'll open a red light district over there. I'll be successful. No, that's the fact is that it's not.
01:52:57.08 Jonathan Leone I'd always come in for a variance for that.
01:53:00.37 Mike Wancef Well, I'm just saying that at the time it was working.

Now it doesn't work. Now what are we going to do?

So I think you should leave that option open.

Don't close that.

That's all. Thank you.
01:53:15.71 Herb Weiner Thank you.

Okay, anybody else from the public would like to make a comment? I'll bring it back up here now from comments from the... Can I ask Jeremy? Yeah, Jeremy, yeah.
01:53:23.09 Mike Kelly Thank you.
01:53:24.28 Doug Smith Thank you.
01:53:24.30 Mike Kelly Yeah.
01:53:24.37 Doug Smith Thank you.
01:53:24.50 Mike Kelly Yeah.
01:53:24.79 Doug Smith Thank you.
01:53:24.82 Mike Kelly Jeremy, would you give some rebuttal to Michael's three main things, the minor improvement thing in the ground floor residential and the parking downhill? I'm sorry. The three areas. Minor changes. Noticing minor changes. Okay. It's number 10 here. I'll just say, okay.
01:53:36.20 Unknown What's that?

Yeah.
01:53:40.96 Jeremy Graves I'm sorry, the three areas.
01:53:48.33 Jonathan Leone No.
01:53:48.80 Jeremy Graves I was saying minor changes.

On the noticing, from the staff perspective, we're trying to keep the noticing uniform all the way across the board for all types of projects. Before, we had one noticing regime, one distance, and one time frame. In another type of permit, we had a different time period and distance. And so we're trying to make it uniform across for all types of permits and then that way it's easy
01:54:01.44 Steve Moore Right.
01:54:10.40 Unknown All right.
01:54:24.16 Jeremy Graves We don't want this staff to run afoul that we inadvertently used the wrong one. So if we have 10 days, 300 feet, They're all the same. People don't, and it's also easier for the public to.
01:54:39.04 Jonathan Leone But his comment is more it's going to slow things down during the construction.
01:54:42.01 Jeremy Graves down during the construction. And then, so Michael is asking for a carve out for one type of project that would still be changes to an approved project, but if there are, if it's changes to an approved project in this particular change.

has no appreciable change to the exterior, then it would not need the 10 day 300 foot, but instead could proceed without any notice. From the staff perspective,
01:55:07.96 Unknown Thank you.
01:55:08.05 Doug Smith Thank you.
01:55:08.06 Unknown 10,
01:55:11.61 Unknown Thank you.
01:55:15.41 Jeremy Graves That place is a burden upon me and my staff to make a decision that this change here that is proposed by this applicant does not have any
01:55:20.72 Unknown Thank you.
01:55:24.89 Jeremy Graves appreciably alter the appearance. Well, maybe in staff's eyes it does not appreciably alter the appearance. But what is really important is from the neighbor, and so by the advantage of having the notice go out in a uniform fashion, the neighbor disagrees with the staff interpretation
01:55:36.80 Unknown Yeah.

Yeah.
01:55:47.08 Jeremy Graves the neighbor has been put on notice and can appeal the staff's decision. Without that notice, then the first the neighbor hears about it or becomes aware about it is when it goes up and of course by that time the staff decision was four months ago.
01:55:51.35 Unknown Thank you.
01:55:51.38 Unknown Right.
01:56:02.42 Mike Kelly So this would stop the poor neighbors who come in and say, my God, that's not the project I saw that got approved. It's been altered. Exactly.
01:56:08.04 Jeremy Graves Exactly.

We're trying to simplify things here. There are functions in the head.
01:56:12.22 Mike Kelly I felt that there are functions in there.

What's the...
01:56:17.57 Jonathan Leone What's been the city's practice with ground floor residential, despite how the table read as far as the city's practice with ground floor residential and commercial districts has been what? There is no change currently.
01:56:20.31 Mike Kelly It's over with us.
01:56:32.37 Lily I don't think I've had an application since I've been here for the last three years for ground floor residential and commercial district. The section that addresses residential uses in commercial districts is pretty clear in our eyes that ground floor residential isn't allowed. It says that all the residential uses in commercial districts, and it lists the different commercial districts, may be approved on all levels above the street level or ground level.
01:56:36.90 Unknown (Clerk/Roll Call) Right.
01:56:58.87 Lily So from our perspective, that's pretty clear that there is a conflict between the table and the text. And the text is very clear that Grandfaro residential isn't allowed
01:57:07.74 Mike Kelly Do we,
01:57:08.03 Jeremy Graves we have a lot of non-conformance. We have a table that disagrees with the text. Right. And so we presented this issue to the Planning Commission and the Planning Commission said, go with the text, change the table.
01:57:08.91 Mike Kelly I can't see.
01:57:12.42 Lily Right.
01:57:17.72 Jonathan Leone But it's not a change in policy. It's been the same for...
01:57:20.59 Jeremy Graves policy has been We have not had that many, as Lily said, we have not been asked the question in the three and a half years since our, you know, we've been here, it's a change that has. I mean, I can tell you it's not been a change in policy. We've had no projects that have requested this authorization.
01:57:30.49 Mike Kelly Thank you.
01:57:30.51 Jonathan Leone you know.
01:57:30.57 Mike Kelly Somebody's tried to change.
01:57:31.49 Jonathan Leone Thank you.
01:57:31.50 Unknown Yeah.
01:57:34.49 Jonathan Leone Thank you.
01:57:34.51 Mike Kelly and stuff, and it's changed the policy.
01:57:39.53 Mike Kelly And this would eliminate though any possibility of anyone coming in and asking for the GDP. Well that's true.
01:57:43.18 Unknown Well, that's true. Right.

You can always come in for a variance, right, with this? Not for use. Oh, that's good. A variance is more for a distance. And that's even better.
01:57:47.84 Jonathan Leone Not for use, no.
01:57:48.97 Jeremy Graves Good.
01:57:52.72 Mike Kelly So the question is do we have a lot of non-conforming situations wherein we were
01:57:59.06 Jonathan Leone No.
01:57:59.43 Mike Kelly We're done.
01:58:00.01 Jonathan Leone Thank you.
01:58:01.09 Jeremy Graves It's a policy question. The planning commission made its recommendation, so the policy question is back over to the council.
01:58:02.74 Jonathan Leone Yeah.
01:58:08.41 Jeremy Graves So let me frame the policy question. Does the council want to allow ground floor residential uses with a conditional use permit in the commercial zones? If you do, you should leave the table as it is and direct staff to change the text.
01:58:24.47 Mike Kelly It's text. It's text, right. But that's, you know, I wouldn't have a magic conference.

Okay, the last one, which is the downhill slope with the parking and the height.
01:58:34.30 Jeremy Graves This was a question that Mr. Rex brought up to the Planning Commission. The Planning Commission discussed it and they made the recommendation that you see in the draft coordinates and the diagram here.
01:58:46.23 Mike Kelly Does his argument have any merit?
01:58:47.37 Jeremy Graves DAVID B. They said Thank you, Mr. Rex. We think we want to go a different direction. And Mr. Rex said, well, I disagree with you. I'm going to bring it up to the council's attention.
01:58:54.60 Jonathan Leone Well, I disagree with you.

Thank you.

Well, just to clarify, so, This is downward sloping lot, right, we're talking about? So it's 15 feet above average grade, not 15 feet above street level.
01:59:08.35 Lily street love.

Correct.
01:59:10.86 Jonathan Leone So if you have a severely sloped lot, and you build Let's say you have to shove your parking garage. Let's say you don't build right on the street.

and you build backwards. I'm not saying this is the best looking design, but we've had a few of these come in.

where people are insistent their garage has to be, you can walk from my garage into my house.

versus detached, how are you going to get, you might have a problem with the average grade you know.

making 15 feet even though the structure is only maybe 10 feet high.
01:59:37.48 Doug Smith making 15.

Thank you.

Thank you.
01:59:40.73 Jonathan Leone Thank you.

so when you get to the rear of the parking structure. If you've moved the access back, if you have a ramp, and then the structure, you might have a tough time with that because it's already 20 feet, 30 feet above the ground at the
01:59:56.43 Lily Yeah, we hear that. I think the Planning Commission was looking at what the language said And that's what they thought that the language said, is that this exception for the 32 feet up to 40 feet is for attached structures. If you have an attached garage, it's not for a detached garage.

I think that if we wanted to change that, that's again a policy question that could be changed.
02:00:22.02 Jeremy Graves Thank you.
02:00:22.04 Lily Thank you.
02:00:22.07 Jeremy Graves Thank you.
02:00:22.09 Lily Thank you.
02:00:22.21 Jeremy Graves I...

But from the staff perspective, we certainly understand Mr. Rex's concern, and he makes a good argument. And so once again, it's a policy question from the staff's perspective. There have been some situations where property owners have come in with a detached garage on a downslope parcel and they had trouble complying with this height requirement. They had extreme trouble.
02:00:49.75 Doug Smith for
02:00:50.31 Jeremy Graves And I don't believe Mr. Rex was representing him, but the planning commission said, well, no, this is the way the code reads. We want you to do it this way. And then the planning commission carried that precedent over into the draft ordinance you see in front of you. If you wanted to provide more flexibility for those, as Mr. Rex is proposing, you could direct it back to the, you could make a modification to that. There's no right and wrong way on this. Thank you. Mr. Rex is proposing, you could direct it back to the, you could make a modification to that. There's no right and wrong way on this. It's a matter of policy question.
02:01:19.65 Mike Kelly It's a matter of policy question. This stuff must be a policy change.

Yeah, and if I remember...
02:01:24.31 Mary Wagner Yeah, and if I remember correctly, we were trying to incorporate how it was being interpreted.
02:01:25.69 Mike Kelly Thank you.
02:01:29.26 Mary Wagner in this version, so that was at least.
02:01:32.16 Mike Kelly That may not lead to the best solution for something that's difficult, but it's kind of what this is driving us to. Okay. Thanks.
02:01:40.65 Jonathan Leone Thank you.
02:01:40.66 Mike Kelly Thank you.
02:01:41.84 Herb Weiner Any other questions? Go ahead, Lily.
02:01:44.24 Lily Thank you.

Thank you.

Thank you.

Mr. Rex also brought up, I'm trying to get to the page number on the table real quick, if you don't mind.
02:01:45.88 Herb Weiner Yeah.
02:01:46.11 Doug Smith So,
02:01:56.42 Lily .
02:02:03.01 Lily Thank you.
02:02:03.04 Herb Weiner Excuse me. Go ahead, Leslie.
02:02:06.28 Bonnie McGregor So,
02:02:09.05 Lily I'm just trying to get to the right page number here.
02:02:09.96 Bonnie McGregor Thank you.
02:02:09.97 Doug Smith Okay.
02:02:19.81 Lily I don't know what page number it's on. But Mr. Ricks brought up in the design review permit section, there was in the table a reference to modify the language. And he didn't see that modified language in the draft ordinance.
02:02:20.27 Unknown PAY.
02:02:33.50 Lily Definitely correct. That was a carryover from what we've been working with the table.

The draft ordinance doesn't have that modified language. That's back at the legislative committee level right now to review proposed modified language. So that's not included in the draft ordinance. Thank you for catching that.
02:02:44.87 Unknown Oh.
02:02:45.26 Unknown THE END OF THE END OF THE
02:02:45.41 Unknown Thank you.
02:02:45.43 Unknown I'm not.
02:02:45.61 Unknown certified language.
02:02:47.35 Unknown Thank you.
02:02:50.09 Unknown Thank you.

No, we got it. Okay, no, that's it. I brought, no, no.
02:02:52.35 Herb Weiner Okay, no, that's it.
02:02:56.13 Unknown Hello. Can I please respond to a couple things?
02:02:58.96 Michael Racks Jeremy said.
02:02:59.37 Herb Weiner I'll give you one minute. Really short. Really, one minute. And I mean it.
02:02:59.87 Unknown Thank you.
02:02:59.98 Michael Racks Thank you.
02:03:00.58 Unknown Bye.
02:03:00.62 Michael Racks Really short, this is important.

On the CFP, ground floor residential use, I attended Saturday's Housing Element Workshop And about 40% of our RHNA numbers are going to come from mixed-use infill.

near transit.

Why would we remove the opportunity to submit a COP to add some housing to a commercial zone, we're going to shoot ourselves in the foot. We're not asking you to approve all those. We're just simply leaving the table that opportunity to come in and ask for the COP for that. You're also, by removing it from the table, you're creating non-conformities. We have no idea how many.

And, and, uh, uh, The property owners haven't been noticed. So I'd like you to just send that back for further discussion. That's all I'm asking.

And the last one, on the garage.

I know you know that A lot of times the property line is further downhill from the edge of the pavement and we don't want people building in the right of way. So you have to push your garage way out the hill in order to get that parking deck.

want guests to be able to park in front of a garage and out of the street. So believe me, that height is the problem.
02:04:13.03 Herb Weiner Okay.

All right. Thank you.

Okay, any other? Mary?

Thank you.
02:04:22.04 Unknown Thank you.
02:04:22.12 Herb Weiner Thank you.

No, I've already brought it up here, Bonnie.
02:04:23.37 Unknown I've already...

It is a serious matter. I hate to see them get short-sharing.
02:04:31.82 Unknown Thank you.
02:04:32.08 Unknown Oh, yeah.
02:04:32.30 Unknown Thank you.
02:04:32.33 Herb Weiner All right, okay. Come on, Bonnie, or else you're going to run me down on the street.
02:04:32.38 Doug Smith Thank you.
02:04:32.43 Unknown Bye.
02:04:36.57 Herb Weiner Thank you.
02:04:36.62 Doug Smith Thank you.

Thank you.
02:04:38.03 Bonnie McGregor Yeah.
02:04:38.26 Herb Weiner You know, I travel Princess Street every day, and she's out there waiting for me.
02:04:42.37 Bonnie McGregor Thank you.

I'm Bonnie McGregor, and I live on Princess Street.
02:04:46.94 Doug Smith She's not lit. Her car is not lit.
02:04:49.09 Bonnie McGregor Yes, as well as.

All I want to say is there's some serious stuff here. It's going to affect this town for many years to come. And I think to take these comments and things lightly is a big mistake.

Our economy is going to hell in a hand basket, and it's not going to get better for quite a few years.

I know you all may think I'm a conspiracy theorist, but I read a lot of stuff that brings this to light.

Um, And I think that we're going to see more and more situations where these oddball rock property pieces may have an opportunity to give people a place to live. And if we cut that out, I think we're making a huge mistake.

It goes with a lot of the other comments that were made too. They all seem to have merit.

And so let's not shortchange it. I don't care if you have to go through it ten times. Do it. Thank you.
02:05:35.53 Doug Smith Thank you.
02:05:37.70 Herb Weiner Okay, any other from the dais, any questions? Comments? Okay.
02:05:45.05 Mary Wagner Mr. Mayor, just for clarification, the comment is closed, correct? Yes, now it is.
02:05:46.26 Herb Weiner Yes, Mary.

Yep, now it is. Yes.
02:05:49.97 Mike Kelly Thank you.
02:05:50.02 Linda Pfeifer Thank you.
02:05:50.06 Mary Wagner Thank you.
02:05:50.24 Mike Kelly Thank you.
02:05:50.38 Linda Pfeifer Thank you.
02:05:50.83 Mike Kelly Thank you.
02:05:50.90 Linda Pfeifer I do have comments.
02:05:51.97 Mary Wagner Thank you.
02:05:52.00 Linda Pfeifer Thank you.
02:05:52.34 Mike Kelly I do have comments. All right.
02:05:52.35 Linda Pfeifer Thank you.
02:05:53.52 Herb Weiner All right.

Thank you.
02:05:54.58 Mike Kelly I hear what Bonnie says and I too am worried about making policy decisions inside what's supposed to be just a clean up kind of situation.
02:06:08.82 Jonathan Leone That will come next. You have a bunch of stuff coming. Yeah, I know.
02:06:11.07 Mike Kelly Yeah, I know. The big stuff's coming, yeah. But, you know, I'd like to have a little more data to be able to think about before we get rid of the ground for commercial CUP, but maybe I can – Mary's giving me a dirty look. No, no, no. Not a dirty look at all. Just – Well, I guess what I'm concerned about is how many nonconforming situations do we have
02:06:29.71 Mary Wagner Not a dirty look at all. I'm just...
02:06:36.89 Mary Wagner Can I just, I certainly understand the policy.
02:06:38.25 Mike Kelly Go ahead.

I certainly understand the policy.
02:06:41.71 Mary Wagner issue about, certainly about residential uses. What staff is bringing forward is a clarification of what the text says, which is the section and no one wants to short change any of this which is why we've gone through four planning commission sections, number of legislative committee sessions and everything else. So if the council needs more time with it, obviously that's what you should do. But just to clarify what we were bringing forward to you is 1044190B says, all residential uses shall be located above the first street or ground level of all existing and new structures. Existing residential uses located on the first street or ground level of a structure are permitted to remain in their current location.
02:06:50.57 Unknown Thank you.
02:06:50.64 Doug Smith Right.
02:06:50.98 Unknown is sexual.
02:06:52.02 Johanna Vander Mullen And I think that's a good question.
02:06:52.77 Unknown Thank you.
02:07:25.69 Doug Smith Right.
02:07:26.26 Mary Wagner And there's a couple of distinctions between the CC to CR and the CN.

But because of that very clear language, Staff is suggesting and saying that the current interpretation is you're not allowed to have a CUP for those uses.

one direction the council could give us is to say, okay, we understand that's what it says right now, but we may want to change that on a policy level. If you leave the CUP language in and don't change this language, we're still in the limbo section of somebody saying, I'm allowed to have a CUP with ground floor residential. So the broader policy issue could be placed on the policy section about whether you want to change that or not.
02:07:56.38 Doug Smith I'm allowed to have a seat here quickly.

Thank you.
02:07:59.64 Mike Kelly So, the.
02:08:03.05 Doug Smith Thank you.
02:08:03.07 Unknown Thank you.
02:08:03.10 Mike Kelly the
02:08:03.27 Unknown Thank you.
02:08:03.29 Mike Kelly Thank you.
02:08:03.32 Unknown about
02:08:06.02 Mike Kelly Mr. Mayor? Mayor, do you feel similar about the parking, the downhill parking issue?
02:08:06.34 Mary Wagner Mr. Mayor.
02:08:11.13 Mary Wagner That one, I've got to tell you, is you've got to have diagrams to look at, and you have to have Lily looking at it and Michael talking about it at the same time. I think, again, it's a current interpretation of what is on the books, but if you want to change that, give us direction to research. I'll be brief.
02:08:18.98 Mike Kelly I think, again, it's...
02:08:20.78 Unknown Thank you.
02:08:20.80 Mike Kelly Okay.
02:08:24.56 Unknown Thank you.
02:08:24.68 Mike Kelly I'll be brief then. I too am bothered by trying to change the, not change the table to match the language because the language seems to me to be very clear. And it looks like in practice that's what people have been doing because we haven't had any applications. I can't remember an application for a ground floor use residential since I've been on planning So I would say that's okay. Let that one go. The parking downhill I would like to pull back. I feel like it's a technical issue that we should consider more. Think about it. The parking downhill site. Oh, right. Float issue. We should pull that back and take a look at that. And I agree with Mary that if the consensus is that we want to have ground floor be available on a CUP to residential, that should be considered separately from this. This is a cleanup document. That's a policy issue. They don't match. So that's my right. Go with it.
02:08:55.94 Unknown Which one is it?

Oh, right.
02:08:58.97 Jonathan Leone Right.
02:08:59.35 Unknown Thank you.
02:09:22.67 Linda Pfeifer Mr. Mayor, your comment? Yes, so I would agree with Vice Mayor Kelly. I think the Planning Commission interpreted it correctly with the text. I think that's pretty clear.
02:09:22.84 Mike Kelly Mr. Mayor, your comment?
02:09:37.06 Linda Pfeifer I would hate to see our small businesses get squeezed out. I think that they bring some vibrancy and diversity into a neighborhood when you have, even if it's just a small business, small commercial. And I think that we also lose the spirit of mixed use when we lose the mixed part of it. You know, I mean, the idea of mixed use is you have the businesses and the the ground floor and then you have the residential above. So, you know, to me, it was the correct interpretation of the Planning Commission.
02:10:12.89 Herb Weiner Okay.

Thank you.

Go ahead.
02:10:15.74 Carolyn Ford I agree with what's been said about the residential on the ground floor. I think that we just need to correct the ordinance and move forward. In terms of the...

the staff being able to approve the changes that was mentioned. I believe that what the staff has written in the report is very significant and a major coin.

And that is that what might be minor to one mayor Neighbor.

may be major to another.

And I don't think we should put staff in the middle of that, determining what is an appreciable change. And I agree with sending back the
02:11:06.30 Unknown Thank you.
02:11:09.62 Carolyn Ford the downhill slope.

Changing it.

I mean, keeping, changing it to make it correct. But, yeah, making it a policy issue in the future.
02:11:16.57 Mary Kay Sweeney changing it.
02:11:17.59 Doug Smith Thank you.
02:11:17.60 Mary Kay Sweeney and make it correct.
02:11:19.51 Herb Weiner Thank you.
02:11:19.71 Doug Smith Thank you.
02:11:24.74 Herb Weiner That's my belief.
02:11:25.80 Jonathan Leone Mary, did you have a chance to look at Peter's comment about the structure, how it's defined in the back to make sure it's not trash cans?
02:11:33.60 Mary Wagner It is defined in the...

Zoning ordinance, and it's a broad definition, but
02:11:42.69 Jonathan Leone Just read it so we can.
02:11:42.71 Mary Wagner Do you want to just read it so we... Sure. Anything constructed or erected on the ground, the use of which requires attachment to the ground, or over 121 square feet in area, or over six feet in height, or any structure that requires a building permit, including any building but not including fences or walls six feet or less in height.

or concrete flat work such as driveways, patios, or planters, less than 12 inches in height. Includes permanent tents.

Thank you.
02:12:12.12 Jonathan Leone Right. So, we just kind of, I think the downhill garage thing, it would bear fruit to kind of review it another time at the, go back to the beginning and let's talk about it through the legislative committee and then bring it back through with the policy situations.

It's a technical question, so it shouldn't probably be resolved here. It's just too much calculations that need to go into it. The modified section that Michael brought up and that Lily commented on, I think we should remove that. I can't even remember what it's in reference to, but if it references language that we haven't adopted yet, you're hard pressed to put it in the code. So let's take that back through the process.

and go back through the Which section?
02:12:58.82 Herb Weiner section
02:13:01.37 Jonathan Leone Oh, Lily, which section was that one that you brought up at the end? Section, let's make sure we're clear about which one it is.
02:13:09.95 Lily It's something that's not in your draft ordinance, actually. It's just a leftover in the table that helps guide you through the ordinance. Okay. So it's not something in the draft ordinance you're looking at tonight.
02:13:16.06 Jonathan Leone Okay.
02:13:16.60 Mary Wagner Bye.

It's in the works. You're not adopting anything that says to be developed.
02:13:23.19 Jonathan Leone to be developed. That was your concern. So we're kosher on that one. There's not a big problem with that. Okay. Alright, so that's fine. As far as the three other things I want to really bring up.
02:13:27.61 Mary Wagner All right.
02:13:35.94 Jonathan Leone um, The ground floor residential That was changed in 2002 after a result of two years of hearings because of the encroachment of residential into Caledonia Street, into Caledonia Street.

onto 2nd Street and on to, on near 7-Eleven, those districts squeezing out businesses because at that time, that was the highest economic use.

And what you can't lose in a business district is foot traffic. And if you allow residential on the ground floor, it pushes out business that creates foot traffic. And I would argue it has worked, Mike. I would argue it has worked in that it's kept some concentration of business, especially in the historic district downtown, that would have gotten pushed out. And I disagree with Michael in that it doesn't, I don't think it creates a huge opportunity for residential as far as the affordable nature because what we're trying to do is get that upstairs and push out some of the businesses that are upstairs just now we've pushed, you know, in some of the more on the Bridgeway corridor. I think our challenges will be met in other ways than to take out the kind of the mixed and the mixed use concept. It's not a change in policy. It's been the staff has, has, has has enforced this version on the text for 10 years, 11 years, or 9 years. So it's not a change in policy. As far as the minor changes, I disagree in that it is in the beauties in the eye of the beholder here. It will unfortunately slow things down somewhat.

But part of our job, part of the Planning Commission's job and part of the staff's job is to make sure people know what the heck's going on next door and that they have a chance to weigh in And the worst feeling you can have is a someone who lives in this town, one of the worst ones, It's like all of a sudden something happens, You didn't know that. Yes. And you're like, oh, my neighborhood's changed. My quality of life has changed.
02:15:26.96 Doug Smith in the area.
02:15:27.03 Herb Weiner Yeah.
02:15:27.05 Doug Smith Yes.
02:15:31.25 Jonathan Leone So there's a trade-off there.

and I think it's worth to err on the side of caution.

the appreciable part is really where it comes down to where the rubber meets the road, and maybe that's something we can work on.

at a definition point that gives some clarity there.

If you're changing your water heater, you don't have to come back to your neighbor and ask for it. If you're what's appreciable and therefore triggers this noticing, that's, I think, more of a...

of a concern, and that's something that can be dealt with in the next round of this stuff.

The noticing period, why I brought that up, is I can't tell you how many times People come in to a planning commission hearing.

saying, my neighbor told me, but I never got.

notice because I'm one house over from where the notice stops.

and Um, In Old Town and New Town here, Um, 300 feet catches a bunch of properties. And up the hill, it doesn't catch a lot.

because you have bigger lots. So for me, I can understand the 10 days, though I think it is problematic, The greater notice, especially for a major project, you know, it's again, part of our job is to protect person who just goes to work and comes home and, you know, hopefully they'll catch this in their mail and doesn't, isn't part of the, you know, most of the people who live in town don't pay attention to this stuff until they get that notice in the mail.

So you've got to watch out for that person.

uh, So I do think the file on our feet is a good thing to do. If people are worried about that, slowing things down or creating, you know, whatever the issue is, then we can bring it back to the policy committee because I think it can only help. I don't see it hurting anything.
02:17:14.47 Linda Pfeifer Mr.
02:17:14.96 Herb Weiner Thank you.
02:17:15.01 Jonathan Leone you
02:17:15.07 Herb Weiner Okay.
02:17:15.40 Jonathan Leone you
02:17:15.69 Herb Weiner you
02:17:15.74 Jonathan Leone Thank you.
02:17:15.84 Herb Weiner Go ahead.
02:17:16.84 Linda Pfeifer You know, that was a point that I meant to make as well. I completely agree with Council Member Leon's comments. I agree that it should be 500 feet.

And I would agree that it would be 10 business days. Regarding the argument for expediency, a lot of the times what really slows a project down is people who don't find out about it until later on and then show up and, you know, cause a lot of you know, angst and, you know, really slow things down. So I think if we get the word out and expand that, that, that notice area to 500 feet, I think we're actually potentially expediting things.
02:18:09.96 Jonathan Leone I think it's a philosophy. You have to decide what you want. Because in my mind, I didn't care if you showed up on the night that we were voting on the final language for something. If you had a problem with it, you had a problem
02:18:11.70 Doug Smith I'll take it.
02:18:22.87 Jonathan Leone And yeah, you should have known earlier, or yeah, you should have been this, that, and the other thing.

but that's not...

then.

It's trying to protect the little guy in a sense, and that's where we should be going, not expediency. We don't have a lot of huge construction projects in Sausalito. The volume isn't great.

And if you're going to create impact, you should give everybody the up to, I mean, Michael wants to read your final zoning ordinance at the...

basically two years from now is by the time it comes back, or a year from now, I would imagine, by the time these major policy things that you don't even have here come back.
02:18:53.77 Doug Smith Thank you.
02:18:53.99 Jonathan Leone go through the planning commission That stuff's going to take a lot of debate.

and he's going to read it after it actually goes to the zoning code publication, and he wants to comment on it. That's his last minute as somebody's showing up.

um, And that's his right, right? That's his right. So I think it's the same thing. We have to err on the side of caution here.

There's obviously a trade-off, but But man, it's the worst feeling.
02:19:18.94 Mike Kelly Just in defense of the 310 day, is that if you're in a planning commission meeting and something comes up that causes re-notice in that meeting, you automatically extend it 30 days because you can't possibly get it re-noticed in that two-week period between the planning commission meetings. So it ties the hands a bit of the commission, makes it harder on staff and so on. Second thing that bothers me is that I'm not one that wants to put a lot more burdens on people to do remodeling jobs and things to their homes, some of which will always trigger these things. And to go 500 feet almost doubles the number of homes you have to send a notice out to. So your bill for, they paid it, right? They paid it. So the bill for doing that doubles almost, probably close to doubles because you're going to drag in. It's about houses, not about feet.
02:20:19.83 Jonathan Leone I hear you, but the volume of projects that go to the Planning Commission is nowhere near what it was when you and I sat on that thing. We used to have 15 projects a night. These guys have three. So it's not... So we said shit. Yeah, that's time.
02:20:19.85 Mike Kelly I hear you, but I mean, the bone...
02:20:30.59 Doug Smith Thank you.
02:20:30.70 Mike Kelly I'm sorry.
02:20:30.76 Doug Smith Yeah.
02:20:31.08 Unknown decision.
02:20:31.94 Doug Smith Yeah, that's time.
02:20:35.54 Jonathan Leone Thank you.
02:20:35.56 Doug Smith But it would only be for that level of project.
02:20:35.66 Jonathan Leone But it would only be for that level of project. And I can give on the 10 business days versus 10 days period. I can give on that one.
02:20:40.06 Herb Weiner Yeah.
02:20:40.38 Doug Smith 10.
02:20:44.58 Herb Weiner Yeah, and myself, I could live with the five... Oh, I'm sorry. Go ahead, Jeremy. I'll...
02:20:44.65 Jonathan Leone Yeah.
02:20:47.39 Jeremy Graves Thank you.
02:20:47.44 Jonathan Leone I could live
02:20:48.15 Jeremy Graves FUN.
02:20:48.40 Jonathan Leone Yeah.
02:20:48.52 Jeremy Graves Bye.
02:20:48.55 Jonathan Leone Oh,
02:20:48.77 Jeremy Graves i'm sorry go ahead jeremy in terms of uh you know i appreciate uh council members uh leone's observation there um if you want to increase the notice staff would recommend uh going with a larger notice period rather than a longer notice so excuse me so 500 feet i think would be preferable to staff it's not more people. I think a longer notice period isn't going to gain us anything because if you mail one out 12 days ahead of time, people begin to forget about it. And so if you're looking for one way or if you're
02:21:24.14 Unknown Thank you.
02:21:28.02 Jeremy Graves I gave on that one. I gave, give, give, uncle, uncle, uncle. All right. Okay.
02:21:28.16 Unknown I gave on that one.
02:21:31.02 Herb Weiner Give uncle, uncle, uncle. All right, okay. Well, all right. We have a consensus. Do we have a consensus on the downslope should be?
02:21:34.97 Jonathan Leone Right.
02:21:36.04 Mike Kelly All right.
02:21:43.04 Mike Kelly Cool.
02:21:43.09 Herb Weiner Poll.
02:21:44.24 Jonathan Leone Thank you.
02:21:44.47 Mike Kelly I think you said it back.
02:21:45.84 Herb Weiner Thank you.
02:21:45.86 Jonathan Leone Yeah, that's the down slope. It's just going to go back through the policy ones that will come. Okay. We all agree on that. Okay.
02:21:49.91 Mike Kelly Thank you.

Yeah.
02:21:50.21 Herb Weiner Thank you.
02:21:50.82 Mary Wagner you Thank you.
02:21:53.33 Herb Weiner you
02:21:53.50 Jonathan Leone Gotcha.
02:21:53.98 Herb Weiner one item as far as the
02:21:55.70 Mary Wagner So Mr. Mayor, I'm sorry, I want to make sure that we understand. So that's, in your ordinance, that is Section 21, and that's why I asked Lily to come up and sit here with her book with me so we can make sure we're on the same page. I believe that that's Section 21, and I want to make sure that all of that is being postponed, or some of it should be.
02:21:59.02 Herb Weiner Yeah.
02:21:59.36 Doug Smith So,
02:22:06.36 Jonathan Leone on the road.
02:22:14.55 Jonathan Leone but you've got to tell us what it says. We can't find it.
02:22:15.39 Mary Wagner We can't find it.
02:22:17.51 Mike Kelly Looks like it's on page 42.
02:22:17.58 Mary Wagner It looks like the.

I've got the right segments on page 42 of your staff report.
02:22:22.78 Mike Kelly It seems to me that all of this deals with it.

Amen.
02:22:27.17 Mary Wagner Thank you.
02:22:27.84 Mike Kelly Thank you.
02:22:28.45 Mary Wagner I don't think it needs to be the whole thing. Hold on one second. The downhill parking is.

God bless.

Thank you.

Thank you.
02:22:34.63 Doug Smith I'm just going to move on.
02:22:36.77 Mary Wagner The only section that is affected by that is 3B, which is on page 43.
02:22:49.00 Mary Wagner So the other cleanup changes could stay if you're comfortable with those. If you're not comfortable with that, we can pull the whole section, but
02:22:58.05 Mike Kelly Thank you.

Well, as long as I mean, without us sitting down to figure this out, you tell me, is what we're trying to do here covered by only three
02:22:58.18 Mary Wagner Well, I'm going to say 42.
02:23:08.14 Lily The issue that Michael Rex raised is with regards to page 42, so it's the section that begins with B. And then the garage is still there. Sorry, page 43 at the top of the page.
02:23:14.74 Mike Kelly Thank you.

Thank you.
02:23:14.82 Ben Leroy Thank you.
02:23:14.91 Mike Kelly The section begins with B.
02:23:16.21 Unknown you
02:23:16.38 Mike Kelly And then the derives.
02:23:17.73 Unknown Yeah.
02:23:17.81 Mike Kelly you
02:23:17.86 Unknown Thank you.
02:23:17.96 Mike Kelly Thank you.
02:23:17.98 Unknown Thank you.
02:23:18.25 Mike Kelly you
02:23:18.30 Unknown It's 43.
02:23:19.41 Mike Kelly Okay. All right. So we can approve the other two sections and everybody's a happy camper.
02:23:20.97 Doug Smith So it's just...
02:23:21.88 Lily Thank you.
02:23:21.98 Doug Smith Thank you.

Thank you.
02:23:25.01 Mike Kelly Thank you.
02:23:25.28 Jonathan Leone Thank you.
02:23:25.32 Herb Weiner Thank you.
02:23:25.35 Mike Kelly KIDS.
02:23:25.62 Herb Weiner Thank you.
02:23:25.71 Mike Kelly Okay.
02:23:25.74 Herb Weiner Okay.
02:23:26.03 Jonathan Leone Michael, it's just the downhill.
02:23:27.99 Doug Smith Thank you.
02:23:28.00 Unknown Mr. President, Linda?
02:23:30.03 Mike Kelly like
02:23:30.62 Unknown Thank you.
02:23:32.09 Mike Kelly Right, which is B on page 43. So that's the one we need to kick back.
02:23:32.10 Jonathan Leone Right, which is B-O.
02:23:36.05 Mary Wagner So we're going to pull that out and put it on the policy discussion list for the legislative committee and the planning commission.
02:23:39.49 Doug Smith Yes.
02:23:40.05 Herb Weiner Yes.
02:23:45.52 Doug Smith I'm sorry.
02:23:46.16 Herb Weiner cake. On the...

What are we, a consensus on what, 500 feet, 10 days?
02:23:53.50 Mike Kelly 10 days running her feet.
02:23:55.02 Herb Weiner Thank you.
02:23:55.04 Jonathan Leone Just for the – can you go back to that table so people know?

Please don't forget which, yeah.
02:24:03.49 Doug Smith And
02:24:06.07 Jonathan Leone Is it?

This is the easy part by the way, these ones, right? These are the easy ones. Yeah, yeah.
02:24:13.57 Adam Politzer Thank you.
02:24:13.67 Doug Smith Yeah, yeah.
02:24:14.68 Herb Weiner Thank you.
02:24:14.69 Neil Whitelaw Thank you.
02:24:15.34 Jonathan Leone So it would just be for the Zoning Administrator and Planning Commission and City Council review. It's just the 500 feet. So I know that changes the radius, but that's the only one that would go.
02:24:24.64 Mary Wagner So admin design review, zoning administrator, planning commission, city council review, the 300 becomes 500.
02:24:31.59 Jonathan Leone It's for significant projects.
02:24:34.47 Mary Wagner significant projects we actually need to take that back to the planning Commission
02:24:38.59 Jonathan Leone Thank you.
02:24:38.61 Doug Smith Yeah.
02:24:38.64 Jonathan Leone Yeah.

Okay, okay. It's all right. So then we'll get that whole table section. You have to pull the whole table.
02:24:51.43 Jonathan Leone Just pull the whole table.
02:24:53.12 Mary Wagner Well, do you want to pull the changes to an approved project section also?
02:24:54.49 Jonathan Leone Yes.

Thank you.

Yes.

We're just looking at this table, not that language.
02:24:59.97 Mary Wagner We're just looking at this table.

What's been added?

is the adding 10 days and 300 feet to admin design review, and then adding changes to an approved project, establishing a noticing period at all.

So the 500 feet is actually a change to the existing notice on the Zoning Administrator Planning Commission City Council, and actually the 100 is going to 500 now for admin design review. So we'll take the 300 out of admin design review and kick that back to the Planning Commission. So for the time being it stays 100. Or you can say 300 and put 500 back to them.
02:25:34.40 Carolyn Ford Thank you.
02:25:34.43 Mike Kelly the time being is this 100%.
02:25:40.69 Mike Kelly I was going to say, why does it have to go back to the Planning Commission if we're
02:25:42.60 Mary Wagner because that's the state law and the zoning ordinance requirement that you have to get a recommendation from the Planning Commission on changes. If they haven't considered a change, they haven't considered going beyond 300, it needs to go back to them.
02:25:49.26 Mike Kelly THE CITY.

Thank you.
02:25:51.20 Jeremy Graves Bye.
02:25:51.35 Mike Kelly Yeah.
02:25:52.45 Unknown Thank you.
02:25:52.52 Doug Smith Bye.
02:25:52.70 Unknown Thank you.

Thank you.
02:25:52.92 Doug Smith 300, it needs to be.
02:25:55.41 Jeremy Graves Okay, it's only the ones in bold underline that are the changes. The ones that are not, the ones in regular font are no change.
02:26:03.29 Mary Wagner Yeah.
02:26:04.25 Jeremy Graves Okay.
02:26:04.52 Mary Wagner So, but what I'm hearing the council say is we want admin design review to actually go up from the proposed, currently it's 100. Planning commission recommended 300 and you want it to go to five.
02:26:10.91 Doug Smith THE PLANNING COMMISSION
02:26:11.91 Jonathan Leone No.
02:26:14.78 Mary Wagner And then Zoning Administrator Planning Commission. No, no, no, no.
02:26:14.98 Unknown Thank you.
02:26:15.03 Unknown and then,
02:26:15.27 Unknown of the
02:26:16.06 Unknown Thank you.
02:26:16.16 Unknown Thank you.
02:26:16.18 Jonathan Leone No, no, no, no. So this is where it gets confusing. So the one right now.

As you see above, it's 100 for the Minnesota design review. You're moving it to 300. I think that's okay.
02:26:26.44 Doug Smith You're moving.

Correct.

Okay.
02:26:29.92 Jonathan Leone I don't know if anybody else has a problem. The more major permits is what I'm talking about, which is zoning administrator, Thank Commission City Council review.

Thank you.
02:26:36.88 Mary Wagner Okay.
02:26:37.24 Jonathan Leone So you have a change in zoning use, you have a bigger project, or you have an appeal.
02:26:37.25 Mary Wagner Yeah.
02:26:41.17 Mary Wagner Okay.
02:26:42.00 Jonathan Leone So.
02:26:42.59 Mary Wagner So we'll put that on the list for Planning Commission consideration because they haven't considered any change to that yet. Are you sure? That's not been changed. It's currently 300.
02:26:48.38 Jonathan Leone Thank you.
02:26:48.39 Unknown Are you sure?
02:26:50.40 Mary Wagner Thank you.
02:26:50.49 Unknown Yeah.

Thank you.
02:26:50.84 Jonathan Leone I'm not sure.
02:26:50.86 Unknown Thank you.
02:26:50.89 Unknown Okay.
02:26:52.21 Jonathan Leone Thank you.
02:26:52.56 Mary Wagner Then changes to any approved project? Is the council planning to see? No, that's fine, but it has to.
02:26:55.21 Jonathan Leone No, that's fine, but it has to comply with the table. If it was an approved project that went to planning commission or a zoning administrator, it has to be a larger radius, right? Because that's, you have to,
02:27:08.27 Mary Wagner Right now there's no...
02:27:09.44 Jonathan Leone I know what it is now. I'm just saying because you're adding a new section.

So it has to go out to the same people you noticed the first time if you're changing it.
02:27:16.73 Mary Wagner Herein lies the rub. These are changes that don't require going back to those bodies. This is...
02:27:23.12 Jonathan Leone No, it's changes to an approved project at any of the level, just have it reference the radius of the original notice.

If it was at any level of approval, it just gets noticed to that same radius.

See what I mean?

Jeremy
02:27:37.28 Mary Wagner That has to go back to the Planning Commission because that's not what they considered. Well, it is by default. Oh, by 300. OK, I see what you're saying. So if that changes to 500, you want that one to change. Got it. Thank you.
02:27:40.62 Jonathan Leone Well, it is by default. Oh, like 300.
02:27:42.97 Carolyn Ford You've got your stuff.
02:27:43.29 Doug Smith Yeah.
02:27:43.49 Jeremy Graves All right.
02:27:43.57 Carolyn Ford Thank you.
02:27:43.64 Unknown Thank you.
02:27:49.04 Mary Wagner Thank you.
02:27:49.09 Doug Smith Yeah.
02:27:49.18 Mary Wagner Thank you.
02:27:49.21 Doug Smith Thank you.

Thank you.
02:27:49.33 Jeremy Graves So this gets approved, and this wording here is to the original notice. Right. To the original notice radii.
02:27:49.38 Doug Smith Go ahead, Carol.
02:27:50.22 Mary Wagner We'll see you next time.
02:27:50.29 Doug Smith Yeah.
02:27:50.56 Mary Wagner Thank you.
02:27:50.58 Doug Smith Thank you.
02:27:50.61 Mary Wagner it.
02:27:53.72 Unknown original notice.
02:27:59.13 Jonathan Leone Thank you.
02:28:01.48 Jeremy Graves Thank you.
02:28:01.50 Jonathan Leone Yes.

But you're changing to 300 now because you're not changing this one, the other one, because that's going to be planning commission.
02:28:10.30 Herb Weiner All right.

You understand that?
02:28:13.34 Jonathan Leone Don't make me come over there.
02:28:21.41 Herb Weiner Is that clear? Yes.
02:28:23.05 Jonathan Leone I'm not trying to game you over here. I'm comfortable.
02:28:24.12 Doug Smith Thank you.
02:28:24.16 Herb Weiner I'm comfortable.
02:28:26.07 Doug Smith Okay.
02:28:27.16 Herb Weiner Thank you.
02:28:27.53 Jonathan Leone Okay. So the ones that are going back are just the garage and this 500 feet. Those will go back through the process.
02:28:31.99 Jeremy Graves right?
02:28:32.02 Doug Smith Oh, my gosh.
02:28:32.65 Jeremy Graves Thank you.

Yeah.

Yeah.
02:28:34.91 Unknown Backs.
02:28:35.50 Doug Smith Yeah.
02:28:37.17 Jonathan Leone The minor changes, I would suggest we insert that into the process about what is appreciable and give a definition to that. Is anybody listening? Nobody's listening.

I know you are, but this is staff. Okay, you got it. Thank you. Serge is listening. Serge is listening. Thank you, Serge.
02:28:48.88 Herb Weiner Surgeons and listeners.

Thank you.
02:28:52.54 Jonathan Leone All right.
02:28:52.88 Herb Weiner Okay.
02:28:53.67 Jonathan Leone Thank you.
02:28:57.88 Herb Weiner Is that it?
02:29:00.20 Jonathan Leone Yeah and just to clarify and so put it by there is no change there isn't a change there was an error in the table about ground floor residential.

I know you don't, I hear where you're coming from, but it's the practice and the code have been that there hasn't been ground floor residential and commercial districts.
02:29:09.20 Unknown Thank you.
02:29:09.28 Doug Smith .
02:29:09.45 Unknown Thank you.
02:29:09.59 Doug Smith Thank you.
02:29:09.60 Unknown Thank you.
02:29:16.35 Doug Smith So it was permitted, it was permitted.

Yeah.

Yeah.

Thank you.
02:29:23.49 Mike Kelly The President. The President.
02:29:24.99 Jonathan Leone Not by language, the table, whenever, well. There was an error in the table.
02:29:28.60 Mike Kelly Anyways.
02:29:28.99 Unknown Thank you.
02:29:29.03 Herb Weiner THE FAMILY.

Thank you.
02:29:30.31 Unknown The table doesn't govern.
02:29:30.97 Herb Weiner All right. Okay, we all clear on that then? We can move on? Yes. All right.
02:29:35.44 Unknown Yeah. All right. Is that clear, though?
02:29:38.10 Herb Weiner Here's a half.
02:29:38.97 Unknown Liz Goyle.
02:29:40.85 Lily Your comment about the appreciable, going back to the Planning Commission for Definition,
02:29:46.48 Jonathan Leone No, I would go back to the legislative committee. So we'll deal with it at that level.
02:29:47.84 Lily THE FAMILY.
02:29:47.91 Mike Kelly Thank you.
02:29:47.98 Unknown to be here.
02:29:48.16 Lily So the Where the word appreciable shows up is in the criteria for an administrative design review permit. That section is being removed. So the language for the appreciable, where the minor changes for where it doesn't appreciate the That's being stricken. So the word appreciable won't show up.
02:30:03.99 Jonathan Leone Right, right, right.

to So what you could do is carve out some things you know are okay. If you're going to take the...

the judgment call out of, you know, in any legal document, it's very, either to have a test or you have some things that you're carving out. So the test you're taking away and putting it out to the world, right, by noticing everybody and they can weigh in, or you have some stuff you know is okay to do without going through this process, and maybe that's the way to tackle it.

Does that make sense?
02:30:39.19 Mary Wagner It makes sense. I think we need to bring it back to you. No, that's what I'm saying. Yes, we will. I understand you're approving what the changes tonight, but that we're going to add to the policy list this, you know, should there be a carve out for things that clearly don't.
02:30:41.32 Jonathan Leone No, that's what I'm saying.
02:30:51.97 Jonathan Leone Right. Just to make it so it doesn't slow down things unnecessarily. You know these 10 things or this type of thing is all.
02:30:51.98 Mary Wagner Thank you.

right now.

Just to make it so it doesn't.

I mean,
02:30:59.46 Mary Wagner We'll add that to your ever-expanding policy list.
02:30:59.88 Jonathan Leone THE END OF THE END OF THE expanding policy list.
02:31:03.05 Doug Smith Thank you.
02:31:03.17 Jonathan Leone Thank you.
02:31:10.72 Herb Weiner Okay?
02:31:11.12 Herb Weiner Thank you.
02:31:12.44 Herb Weiner Thank you.
02:31:12.45 Herb Weiner Thank you.
02:31:12.49 Herb Weiner All right.
02:31:12.59 Herb Weiner Thank you.
02:31:12.72 Lily Thank you.
02:31:12.74 Herb Weiner Thank you.
02:31:12.76 Lily Thank you.
02:31:12.77 Unknown Thank you.
02:31:12.79 Lily Thank you.
02:31:12.84 Unknown Thank you.
02:31:12.89 Lily Okay, good.
02:31:14.51 Herb Weiner Thank you.
02:31:14.53 Herb Weiner Okay, that's all right. Go ahead. Let's get it clear.
02:31:16.08 Lily Let's get it clear. Peter Van Meter's comment about the word structures and how that's defined in the zoning ordinance, I think that that section should say, and we haven't talked about this yet, but I think it should say something like single family residences, duplexes, multifamily residences, commercial and industrial structures.
02:31:33.44 Jonathan Leone commercial Then you shouldn't take out that language yet until you, because you have to put that in at the same time. Yeah. We should pull that. Yeah. Pull it out. It's a.
02:31:40.89 Lily Thank you.
02:31:40.92 Unknown We should call that. Yeah. Call it back.
02:31:51.22 Jonathan Leone Peter, you are an eagle eye and appreciated.
02:31:59.97 Jonathan Leone Thank you.

Where is it, Peter?
02:32:09.66 Jonathan Leone Yeah, yeah, yeah.
02:32:10.03 Lily It's on page 56 of the staff report.
02:32:12.22 Jonathan Leone Right. 1040, 1040, 090.

Thank you.

Right.
02:32:16.70 Mary Wagner Just the change to B1. The other changes to that section will.
02:32:19.34 Johanna Vander Mullen Thank you.
02:32:19.40 Doug Smith The other changes.
02:32:20.14 Johanna Vander Mullen Thank you.
02:32:20.27 Doug Smith THE END OF THE
02:32:20.41 Jonathan Leone Okay.
02:32:20.97 Doug Smith Thank you.
02:32:20.98 Johanna Vander Mullen you
02:32:22.43 Mary Wagner remain, which are just cleanup from SMC to section.
02:32:26.15 Jonathan Leone Okay.
02:32:27.90 Mary Wagner and adding words like the And adding number 20.

So the change in V1 will take that off as approval.
02:32:40.32 Unknown Okay.
02:32:40.90 Herb Weiner Thank you.
02:32:40.93 Jonathan Leone Thank you.
02:32:41.03 Herb Weiner All right, so that's it.
02:32:41.98 Jonathan Leone that will allow clear. So I'll make a motion to
02:32:52.56 Jonathan Leone Introduce and read by title only ordinance of... I guess we can't...
02:32:56.23 Unknown you
02:32:56.28 Jonathan Leone Yeah. Yes, you can. Title only, ordinance of the city council, the city of Sausalito amending titles 1, 2, 10, and 11 as amended this evening.
02:32:56.33 Unknown Yeah.
02:33:04.70 Doug Smith Thank you.
02:33:07.86 Jonathan Leone of the Sloss of the Municipal Code to correct errors, clarify ambiguities, and then modify various sections for increased effectiveness.

and you schedule the second reading.

Thank you.
02:33:22.96 Herb Weiner I have a second.
02:33:24.70 Unknown (Clerk/Roll Call) Second.
02:33:25.87 Herb Weiner All in favor? Aye. Opposed?
02:33:27.15 Unknown (Clerk/Roll Call) Aye.
02:33:29.58 Herb Weiner Okay, made it through that one. Okay, moving slowly along.

Mr. Mayor.
02:33:38.27 Carolyn Ford Mr. Mayor? Yes. Can we take a five minute break?
02:33:43.13 Herb Weiner Thank you.
02:33:43.15 Jonathan Leone Thanks, Michael. Thanks, Michael.
02:33:43.72 Herb Weiner Thanks, Michael. Thank you. Yes. We're going to take up to a five-minute break. I really like to maybe three.
02:33:44.67 Jonathan Leone Thank you.
02:33:44.83 Carolyn Ford Thank you.
02:33:44.97 Jonathan Leone Thank you.
02:33:44.99 Carolyn Ford Thank you.
02:33:45.02 Jonathan Leone Thank you.
02:33:45.36 Carolyn Ford Thank you.
02:33:45.41 Jonathan Leone Thank you.
02:33:45.42 Carolyn Ford Yes.
02:33:45.85 Jonathan Leone .
02:33:50.39 Herb Weiner you and it's a great day.

Thank you.
02:33:58.67 Herb Weiner Come on, come on.

Wherever you are.

Yeah.
02:34:17.71 Herb Weiner It must be getting cold out here.

You can feel how this is getting cooler in here.

She got a little bone chilling to it. I must be cold as hell.
02:34:28.30 Mike Kelly I'll just go first and read the answer.
02:34:31.02 Unknown Oh.
02:34:31.10 Herb Weiner Let's go.
02:34:31.75 Unknown 30 years.
02:34:38.95 Herb Weiner The proclamation to Beryl, that was okay, wasn't it?
02:34:42.88 Doug Smith Thank you.

Thank you.

I'm still in here.
02:34:47.25 Herb Weiner Thank you.
02:34:47.27 Doug Smith I'm sorry.

you
02:34:47.90 Herb Weiner Thank you.
02:34:47.91 Herb Weiner Okay.
02:34:47.96 Doug Smith Okay.
02:34:48.49 Mike Wancef Thank you.
02:34:50.02 Herb Weiner with
02:34:53.99 Herb Weiner Come on, come on, come on.

Okay, Linda.
02:35:04.82 Herb Weiner Okay.

on Linda.

I wonder...
02:35:11.39 Doug Smith Thank you.

Thank you.
02:35:12.67 Herb Weiner All right, well.
02:35:13.48 Doug Smith Thank you.

I need to.
02:35:29.27 Herb Weiner Okay.

We can start.
02:35:32.89 Adam Politzer Thank you.

Thank you.
02:35:33.02 Mike Kelly Thank you.
02:35:40.26 Herb Weiner Okay, Bridgeway to Ferry Landing Construction and Design of Improvements to Municipal Lots 1, 2, and 3 in City Hall Parking Lot. Jonathan Goldman. Sorry to keep you waiting.
02:35:50.74 Jonathan Goldman .

Thank you, Mr. Mayor. This is Item 6A on your calendar this evening.

Thank you.
02:36:02.33 Doug Smith Thank you.
02:36:03.97 Jonathan Goldman Just wanted to give kind of a brief update on two projects that have been on the radar for some time and let the council and the community know where they are. Originally we had intended to asked the council to award a contract for Bridgeway to Ferry Landing, which is a non-motorized transportation pilot project, funded project that's been approved. We intended to do that this evening. We delayed the bid opening for a couple of reasons, which should just be a minor issue, but because that project and the configuration of the municipal parking lots kind of go hand in hand along with downtown restrooms, we thought it was time to give you a little status update. As council may recall, Walker Parking Consultants not only provided parking and access control systems, consulting services to us, but also assisted in conceptual design efforts by Royston Hanamoto, Alley and Abby during development of the Bridgeway to Fair Landing project.

This work resulted in plans and specifications for the Bridgewater Fair landing project. And as I just said, bid opening has been delayed until December 22nd. And so we're expecting to evaluate those bids and be able to come back to Council with the recommendation for an award in January.

In addition, Walker Parking and Royston Hanamoto developed a September 2009 master plan for configuration of the downtown parking lots. This is a little bit contrasty, but the Bridgeway to Ferry Landing project involves improvements here on Bay Street and on Anchor.

During the course of the work that Walker and Royston did, there were also improvements identified that would provide for a pedestrian sidewalk to connect from the ferry landing along towards the corner of Gabrielson Park here, also went through a number of evolutions of development of pathways here on Humboldt Avenue within the public right-of-way to accommodate bus loading and unloading, as well as pedestrians heading either to or from the ferry landing.

And then some concepts for creating pedestrian pathways, sidewalk through Lot 3, either to join with a new sidewalk in Lot 4 or at least to then join with the existing boardwalk along Sausalito Yacht Harbor there.
02:38:58.30 Jonathan Goldman Since that time, Golden Gate Bridge Highway and Transportation District has begun development, environmental clearance, and permitting for its ramps and gangways replacement project. The city has adjusted the locations of QE and bicycle parking to accommodate ferry passengers, and we've demonstrated the use of containerized trees as a potential mitigation for loss of mature landscaping when the parking lots are to be reconfigured, should we need to lose trees planted in the ground as part of that project.
02:39:15.89 Unknown THE END OF THE END OF THE
02:39:15.92 Doug Smith Thank you.
02:39:15.99 Unknown Yeah.
02:39:19.31 Doug Smith do.
02:39:19.55 Unknown Thank you.
02:39:38.33 Jonathan Goldman Based on the information developed during the course of Walker's work, recognizing the changes to pedestrian routes occurring as a result of the bridgeway to ferry landing and then taking into account the Harbor and Downtown Action Committee's report and the changes needed for bicycles and ferry passengers, we recognize the need for preparation of more detailed designs in order to prepare cost estimates for and to construct the needed improvements. Whether it's the city that constructs the improvements or the ferry district that constructs the improvements or we apply for grant funding, this information is necessary for us to move forward with those projects. In addition, we're awarding a bid to create accessible restrooms in City Hall. You did that on consent this evening, which triggers a requirement for current California Building Code compliant parking and a path of travel here at City Hall. And as Council may recall, you approved in the adopted budgets and funding to make those improvements to the parking lot here at City Hall. So after comparing the skills and expertise of several of the firms that are provided civil design services to the city in the recent past, we selected Sandus, who is the civil designer who's been involved in supporting the downtown restrooms project, to perform an initial phase of design work in order to provide necessary information to the council, staff, and the community in delivering these important public improvements.
02:39:48.54 Unknown Yeah.
02:39:48.78 Doug Smith Thank you.
02:40:49.56 Unknown Thank you.
02:41:13.84 Jonathan Goldman It's funny, when I was putting this presentation together, I relied on one that I delivered just about a year ago when a number of these projects were scheduled to already have been completed by now. So I felt bad, but thought I owed you an updated schedule. We at this point expect construction of the Spinnaker Anchor Sewer Rehabilitation Project to begin as early as February and end in fall of next year. Construction of Bridgeway to Ferry, at this point, if things go well, January or February, we'll be able to potentially start that work. It's only 45 days of construction. It's really just a sidewalk project, depending on weather. We certainly don't want to start it so late that we interfere with the high season, so we'll have to see how that goes. And then we also expect a Phase 2 design proposal. The information you have before you this evening is an initial phase of work for Sandus, And then we also expect a Phase II design proposal. The information you have before you this evening is an initial phase of work for Sandus.

further developing designs that have already been created, helping us frame some alternatives, and then give us a proposal for more detailed design, which would come back to Council for approval, anticipated in February of next year.
02:42:43.45 Jonathan Goldman And that's my presentation on the status of those projects.
02:42:49.10 Herb Weiner Okay. Thank you, Jonathan. Any questions from the council?
02:42:56.21 Carolyn Ford Yes, just one. When do you expect the first report to come back? Is that in February or is...
02:43:04.56 Jonathan Goldman At this point, yes, we conceivably could bring information back sooner, and I'm happy to bring anything back anytime you want it.
02:43:13.84 Unknown Thank you.
02:43:13.86 Doug Smith Thank you.
02:43:13.98 Unknown And...
02:43:16.36 Jonathan Goldman They were actually meeting next week with representatives from the ferry district.

What we want to do is give Sandus the opportunity to expand on the base of information they already have, integrate the topography and mapping that has already been done, as well as the design work that has already been done into their system, their frame of reference, and then give them an opportunity to develop some alternatives just based on their expertise and experience and then certainly would be prepared to bring that back because ultimately the Council has to select which alternative you want us to try to deliver.
02:44:00.74 Carolyn Ford Right. I guess my question is will they be, you mentioned also detail plans. So they'll be bringing the alternatives back in February and then the detail plans later. Yes. The options.
02:44:11.94 Jonathan Goldman Yes. The options. And the budget is really the kind of the critical criteria in there. Their budget for the initial phase of work is $10,000.
02:44:22.69 Doug Smith Thank you.

Right.

Thank you.
02:44:23.01 Jonathan Goldman So that wouldn't give us detailed plans on anything. That'll give us what I just described and then
02:44:23.05 Doug Smith Thank you.
02:44:30.25 Jonathan Goldman we can ask them to And they will give us a proposal for what it would take to prepare detailed plans for one or multiple alternatives. But ideally we'd come back, Council would say, this is the alternative we want you to prepare detailed plans for and get built as soon as possible.
02:44:48.61 Carolyn Ford Thank you.
02:44:49.59 Herb Weiner Okay.

Any other questions?
02:44:51.87 Linda Pfeifer Yes, Mr. Harry, real quick. So, Jonathan, I have a question about the multi-use path.
02:44:52.44 Herb Weiner I'm sorry.
02:44:57.67 Linda Pfeifer Thank you.
02:44:57.69 Doug Smith Yes.
02:44:58.11 Linda Pfeifer you Um...

And I understand that to mean that we're talking about both bicycles and pedestrians on the same path.
02:45:07.23 Jonathan Goldman That's what we were talking about, yes. But that's just a conceptual design and we don't have a you know, that decision hasn't been made. That was part of the master planning effort and
02:45:19.31 Linda Pfeifer Okay.

No.

Okay.
02:45:24.66 Jonathan Goldman So,
02:45:25.10 Carolyn Ford Thank you.
02:45:25.13 Linda Pfeifer Thank you just wanted to confirm my
02:45:27.58 Jonathan Goldman Sure.
02:45:27.97 Herb Weiner Any other questions?
02:45:29.50 Carolyn Ford I do have a second question actually. The containerized trees. The containerized trees are
02:45:30.83 Herb Weiner No question.
02:45:40.22 Carolyn Ford Well.

What, will those be going into the ground when you say you have the containerized trees there now and that you would be using them in the parking lot perhaps? Would those containers be going into the ground then?
02:45:54.00 Jonathan Goldman Mm-hmm.
02:45:58.64 Jonathan Goldman That's not what I would recommend or not what I'm planning on.

It doesn't really accomplish the objectives.
02:46:13.16 Carolyn Ford They're pretty small trees, and I thought that we could have larger containers that would hold larger trees. And I think that's what we were talking about doing on the north end to the ferry building route, right?
02:46:29.63 Jonathan Goldman Mm-hmm.

Rude.
02:46:32.73 Carolyn Ford where the...
02:46:33.03 Jonathan Goldman Thank you.

Well, certainly we can acquire bigger containers and bury the containers and the trees, but the objective of containerizing the trees is to allow them to be moved out of the way and rearranged in the event that the parking lot has to be re-striped or reconfigured or something like that. We could also plant things back in the ground, but as you can see from the condition of the parking lot, because of the variety of tree and because of the conditions there, the trees ultimately do a fairly significant amount of damage. You know, I think there's a balance to be struck, and I'm not a landscape architect. Certainly, I think we would want to retain someone with that kind of expertise to help, but one of the objectives in doing what we did was to demonstrate that we could establish some greenscape in the event that we have to lose the trees where they are now in the ground.
02:46:50.99 Doug Smith Bye.
02:46:56.76 Doug Smith Thank you.
02:46:56.78 Peter Van Meter Oh.
02:47:01.49 Peter Van Meter Right.
02:47:19.51 Unknown but I think it's...
02:47:42.16 Carolyn Ford And I thought the trees and containers above ground were temporary. So I don't know. Are you saying they're not temporary, that once we get the striping and everything ready for the parking lot that we will have containerized trees when everything is done?
02:48:00.08 Jonathan Goldman that.

That's not what I'm saying.
02:48:02.86 Carolyn Ford Okay, good. So they are temporary.
02:48:05.71 Jonathan Goldman Yes, they are temporary and that is their advantage. They can be picked up and moved.
02:48:10.34 Carolyn Ford they can be picked up.

Great. Thank you.
02:48:13.44 Linda Pfeifer Thank you.

Mr. Mayor, I have a question.
02:48:14.49 Jonathan Goldman Thank you.
02:48:14.52 Doug Smith Thank you.
02:48:14.54 Jonathan Goldman Thank you.
02:48:14.59 Doug Smith Thank you.
02:48:14.77 Carolyn Ford So,
02:48:15.79 Linda Pfeifer So this was a project that was underway, you know, before my time. And it was my understanding that we had a, that the city had applied for and received a grant. And I recall that, I think it was last year or the year before, in seeing this, that there was a time urgency attached to this, or some sort of a time clock. And I was just wondering, is there any, consider any, Any, um, any constraint time-wise that we need to be aware of.
02:48:54.40 Jonathan Goldman the The constraint that I think you're referring to was the construction of the Bridgeway to Ferry Landing project itself. And the most significant milestone for that project was when Caltrans, which is the entity that is responsible for dispersing the federal funds, issued what's called an E-76, which is a document that authorizes us to invite bids. We have already received that document. We have invited bids. And we are not, to the best of my knowledge, in any jeopardy of not having the funds that were awarded to the city to deliver that project. Now I will say that should the bids come in higher than what the estimate is, we then would be faced with a decision to make. We have already, I know that in the case of a couple of other non-motorized transportation pilot projects here in Marin County. The lead I know that in the case of a couple of other non-motorized transportation pilot projects here in Marin County, the lead agencies for those projects have gone back to the county and said, we had the low bid come in higher than what we estimated. Are there funds available? And in some cases, the county has made additional non-motorized transportation pilot project funds available to fill that gap.
02:50:22.55 Doug Smith Thank you.
02:50:22.58 Jonathan Goldman Thank you.
02:50:22.70 Doug Smith Thank you.
02:50:22.72 Jonathan Goldman Thank you.

Until we get the bids open, we won't know what our situation is, but that may be what you would request.
02:50:30.36 Linda Pfeifer Thank you.
02:50:31.21 Adam Politzer Mr. Mayor, if I may, I just want to make sure because for some folks they follow this along and they understand what Jonathan may be talking about there, but I just want to be
02:50:31.28 Jonathan Goldman Okay.

Yes.
02:50:41.91 Adam Politzer perfectly clear that we're just talking about two streets.

on this diagram, not the entire project.
02:50:48.86 Jonathan Goldman Thank you.
02:50:48.88 Adam Politzer Thank you.
02:50:48.89 Jonathan Goldman It's Bay here. Humboldt and Bay and Anchor. Bay and Anchor, okay. There is some work up here on Humboldt and then in the entry and exit to lot one on Humboldt, but not the back of lot two and not what was originally identified, well, the curb where the buses load and unload. Neither of those are included in the currently funded project.
02:50:50.45 Herb Weiner I'm both very in anchor.

Billionate it, okay.
02:51:14.58 Herb Weiner Okay. Thank you. At this time, we have any questions from the public?
02:51:24.55 Herb Weiner Thank you.
02:51:25.24 Peter Van Meter Peter Van Meter with a question. I wasn't clear on the scope of work in looking at the geography of the Sanda study, I think it was referred to.

Is that.

just the ferry landing area or what, I wasn't clear the scope of work of that consultant's work, the $10,000 job.
02:51:47.57 Peter Van Meter Thank you.
02:51:47.58 Jonathan Goldman At this point, Sandus has been asked to propose on Lot 1, Lot 2, and Lot 3, and the lot here at City Hall.
02:51:59.58 Peter Van Meter Thank you.
02:52:02.23 Jonathan Goldman Thank you.
02:52:02.27 Peter Van Meter Okay, follow-up question. Does that relate basically to what a lot of people in town have been calling for for a long time as a comprehensive plan?

for this downtown area because as we've commented many times before, there's a number of these projects, like those two streets, the bids you're about to get, that doing these things piecemeal without a master plan. Are we really moving finally toward that master plan? Is that what this consultant contract is?
02:52:33.60 Jonathan Leone Safe to say I think the answer is no. Correct me if I'm wrong, Jonathan.

You don't have to correct me if I'm right.
02:52:45.87 Jonathan Goldman Yes, and I won't.

We are certainly not delivering a master plan for $10,000. Let's put it that way. What we are attempting to do is accomplish a series of improvements that are prioritized based on a master plan that was developed two years ago and emphasizes pedestrian improvements and reconfiguration of the parking lots in those highest priority areas.

Sorry.

Thank you.
02:53:19.33 Peter Van Meter Thank you.
02:53:19.37 Jonathan Goldman Thank you.

Thank you.
02:53:20.36 Peter Van Meter Thank you. Now the follow-up comment. And that is basically, we're back right where you were. One piecemeal project. You're picking out little priority things to fix here and there. And again, you're putting all these things in, spending all this money. And again, it's not a total comprehensive plan.
02:53:29.41 Doug Smith you
02:53:37.29 Peter Van Meter And it's just so sad.

So sad to see it happening this way. Thank you.
02:53:43.50 Herb Weiner Pat.
02:53:49.54 Pat Zook Pat Zook. I have to sympathize with Peter's perspective on this, but I would also like to comment on having read the staff report and the request for the design elements of reconfiguring lots 1, 2, and 3. And nowhere in the staff report did I see mention of a particular constraint on parking lots one, two, and three. And that is that under 2, and 3, and that is that under the, and I know people are just gonna clap when I say this, but under ordinance 1128, The first section of that ordinance, the second sentence, says the following, such parking lots, one, two, and three, shall not be used for purposes other than public parking, uses without voter approval.

Now I'm not trying to throw any monkey wrench into this. I just want to again, as I have in the past, encourage us to keep the covenant that we have with the voters of this town.

that if we want to change parking lot uses in one, two, and three, we submit those changes to a vote. And if it is the case that this 10-foot or 12-foot wide multi-use path is not going to cannibalize parking lot three and that the pocket park at the end is not biting into parking lot three, that my comment obviously would not apply I know there was a scheme and I couldn't tell from the, from the preliminary perspective here, whether or not what you were focusing on was a design to fill in, for example, the gully between the boardwalk and the parking lot and create new space, or whether you're planning to take the first row of parking spaces and turn them into a pathway. But I just would like to point out that that is what the ordinance says. It has nothing to do, as Mary mentioned, I think not totally correctly at the last hearing, with the number of parking spaces, the areas and the uses.
02:56:12.62 Herb Weiner Okay.
02:56:12.98 Michael Racks Thank you.
02:56:18.02 Michael Racks Hi, Michael Rex. I'd like to thank Jonathan for continuing to pursue these projects and I think This fee looks pretty reasonable.

And I understand the scope of work is developing the existing conditions further. We had asked for a full topo downtown, and when I say we, myself and other members of the public, and now we're getting it. That's a good thing. They're looking at safety and ADA upgrades, but what draws attention, my attention, is there will be some design work here. It says here in Sandus, Thank you.

scope, increase the level of design And in the staff report, I read, provide site designs beyond those developed by Walker and Royston. I think that's a good thing, too. Maybe it will pull some of these things together. And I think to develop the work by Royston and Walker a little bit further would also be positive.

I only hope, and I asked Jonathan, he assured me it's the case, but I want to make it clear here that somehow this further design work developing what's been done before, developing it further.

comes back to the public in a forum where there could really be some dialogue Maybe it's a public workshop or maybe it's before the Planning Commission. Our Planning Commission serves as a design review board, and these are design issues by definition. So I'd like some clarity in terms of what the process, once Sandus delivers the work, how does that get reviewed by the public? Thank you.
02:58:04.81 Herb Weiner Okay, anybody else from the public?

you
02:58:08.39 Jonathan Leone Thank you.
02:58:08.42 Herb Weiner Thank you.
02:58:08.62 Jonathan Leone Thank you.
02:58:08.67 Herb Weiner and you can see it.
02:58:08.98 Jonathan Leone I had a question.

Yeah, I just had a couple questions, Jonathan, if you would.
02:58:10.75 Herb Weiner Thank you.
02:58:14.21 Jonathan Leone Thank you.

Right now, there's no proposals to remove trees from Lot 1 at the current moment. Forget the containerized trees, but just there may come, there may be some ideas of that as a result of the studies. Is that what you're intimating?
02:58:27.17 Jonathan Goldman Yes, and certainly the work that had been done previously involving reconfiguration and improvements for circulation couldn't be accomplished with the trees in their existing locations. Right, but that'll come back through this discussion.
02:58:27.35 Jonathan Leone Yes, and certainly the work.
02:58:39.98 Jonathan Leone process
02:58:40.36 Jonathan Goldman No.
02:58:41.26 Jonathan Leone And the construction timeframe you had was January 12 in your slides to April 2013. Is that just kind of a broad range, or is that where you think it'll really take that amount of time of construction?
02:58:57.75 Jonathan Goldman Bridgeway to Ferry, which has already been through design review and approved. Right. We'll take a year and four months.
02:58:58.84 Jonathan Leone Yeah.

and approve.

Right.
02:59:05.96 Jonathan Leone Thank you.
02:59:06.00 Jonathan Goldman I'm sorry, that's a mistake. It's only 45 days. Okay. So that should have been April of 12th.
02:59:06.03 Jonathan Leone Thank you.

Okay.

Yeah, that's what I just want to make sure. And will the...

result of the bridge moving their platform landing point be incorporated in, have they determined where they want to land the new the new doc and where will that impact what would go on in Lot 1 obviously, and therefore impact this study. Do we know, have they finalized their plans or have they come back to you with some... You know, we've seen the original, what they came here to the Council, I don't know, six months ago or so.
02:59:48.12 Jonathan Goldman Thank you.

I don't believe they have finalized their plans. They're continuing to advance them as quickly as they can. One of the agencies with jurisdiction over permits within 100 feet of the water is the San Francisco Bay Conservation and Development Commission. And my understanding is that BCDC's comments on their proposal included the fact that There were not improvements that they believe are necessary to accommodate ferry passengers. So that's one reason why the district has come back to us and said, you know, those improvements we talked about a year ago, we need to more seriously enter into some conversations with you about them now. That's why we're coordinating with them.
03:00:25.14 Unknown Thank you.
03:00:41.63 Jonathan Leone That's why we're coordinating with them. Yeah, shelter and... Because wherever they land may impact the utility of the path, right?

Thank you.
03:00:54.47 Jonathan Goldman Uh-huh.
03:00:54.50 Jonathan Leone Thank you.

you Those people will take the path of least resistance, more or less. Correct. Okay. Those were my...
03:01:02.08 Linda Pfeifer Thank you. Jonathan, following up with Pat Suck's comment, I know that the staff report mentioned that they had received, I guess, the report from the downtown.
03:01:03.70 Jonathan Leone Let's go ahead.
03:01:18.50 Linda Pfeifer Harbor Action Committee.

Did they also receive a copy of ordinance 1122? I mean do they?
03:01:25.96 Jonathan Goldman you
03:01:26.01 Herb Weiner 1120.
03:01:26.60 Linda Pfeifer I'm sorry, 1128.
03:01:26.68 Jonathan Goldman Thank you.
03:01:26.82 Herb Weiner Thank you.
03:01:26.84 Jonathan Goldman Thanks.

Um...

I'm sorry, I'm not sure what they are referring to. I'm very familiar with Ordinance 1128.
03:01:33.55 Linda Pfeifer Oh.
03:01:37.15 Linda Pfeifer Okay, well, the folks who are doing this, um,
03:01:41.11 Herb Weiner Sanders.

Thank you.
03:01:41.87 Linda Pfeifer Sandus.

Are they aware of the ramifications of...
03:01:44.33 Herb Weiner Are they...
03:01:50.58 Linda Pfeifer reconfiguring the parking to that extent.
03:01:55.35 Jonathan Goldman They are aware that there is an ordinance that affects the extent to which changes in the use in the parking lot can be accomplished both without a vote of the people and if a threshold is reached requiring a vote of the people.
03:02:17.17 Linda Pfeifer Thanks.
03:02:17.90 Jonathan Goldman Thank you.
03:02:19.52 Herb Weiner All right, okay, thank you very much, Jonathan. And there was no action taken on this, so.

Thank you. The next item on 6B, I'd like to move that to the next council meeting, if that's okay.

All right.
03:02:36.51 Doug Smith Thank you.

Thank you.
03:02:38.71 Herb Weiner All right. We all agree with consensus on that? Yes. Okay, good. Okay, the next.
03:02:38.84 Doug Smith It's just a little bit.
03:02:42.91 Doug Smith Yes.
03:02:47.25 Herb Weiner Hmm.

My time has come.

Thank you.
03:02:50.86 Doug Smith Oh.
03:02:51.08 Herb Weiner you Thank you.

Thank you.

.

Amen.
03:02:52.10 Doug Smith Amen.
03:02:54.97 Adam Politzer .
03:02:56.04 Doug Smith Thank you.
03:02:56.69 Herb Weiner you
03:02:56.75 Doug Smith .
03:02:57.84 Herb Weiner Thank you.
03:02:57.86 Adam Politzer Mr. Mayor, Vice Mayor, and members of the council and to our public here that stayed with us this evening, thank you for joining me in recognizing the mayor and his role of leading the council and the staff and our community and being the figurehead of the
03:02:58.28 Herb Weiner you
03:03:20.25 Adam Politzer that folks can call.

and share their ideas.

and their concerns and opinions.

And I think...

When we talk about back to the basics, Herb Weiner is the man for the job because he is available and we all see him out on the streets and talking to people and helping to serve visitors and residents alike from helping the buses get lined up to the bicyclists getting queued up, working with our Golden Gate Transit folks in terms of getting people on the ferry and back home or on a bus and back home when there's no room on the ferry.

um, I think that some of the programs that he started before he was the mayor have had a new Um, impact on the community and the program that he started several years ago with New Year's Eve Drive You Home which expanded each year and had success but when they found out that that he was the mayor of driving him home for folks that don't participate in the community that seemed to be a big surprise to them that the mayor of Sausalito is driving me home.
03:04:41.29 Herb Weiner It was a surprise to me, too.
03:04:43.02 Adam Politzer Yeah.

Thank you.

But again, it's the type of person that our mayor is. And I think that there are many people in our community that have received free rides to the airport, to the grocery store. No such thing.
03:04:58.57 Doug Smith Thank you.
03:04:59.90 Herb Weiner No such thing as a free ride. I'll go pick it up.
03:05:01.52 Adam Politzer I will pick it up for you, but he does that for the residents, the visitors. I'll just run you in, jump in my car, I'll get you right there, is a common phrase that I think everyone in our community has witnessed, if not experienced firsthand.
03:05:05.74 Unknown THE END OF
03:05:05.81 Herb Weiner Thank you.
03:05:05.82 Unknown residents, the visitors.
03:05:21.57 Jonathan Leone price to pay for letting Herb drive you somewhere in the white knuckle factory.
03:05:26.14 Adam Politzer We'll leave it at that. You know, the other part is that he's present. He's present to everyone in the community and makes himself available
03:05:27.78 Jonathan Leone Thank you.
03:05:27.83 Unknown We'll leave it at that.
03:05:38.86 Adam Politzer His office hours here attending many, if not every, committee meeting here at City Hall at some point or the other.

or up at the county level. He's joined me on several occasions at meetings in the Civic Center.

Some were celebrations that he didn't have to attend and others were official business that It was helpful having the title of the mayor sitting with the city manager and making our points known.

be it with Jared Huffman, or with the late Charles McGlashan, or now with Kate Sears, our current supervisor, Um, but he's also present with his staff.

and he's not involved in micromanaging at the staff, but he's just here to recognize the good work that the staff does.

And he does that.

by being someone that brings food in a lot.
03:06:33.47 Doug Smith Thank you.
03:06:33.89 Adam Politzer And it's not your normal food, a lot of the time it's your comfort food and it's pizza from the city or from Berkeley.

It's lobster rolls that he kept frozen or kept protected when he flies back from Boston and comes in with his lobster rolls to give to the staff. It's cheese steaks from Philadelphia. This is just like they make it, he would say. He comes in and brings in positive cheer to the hardworking staff, be it out on the street, out at the corporation yard, here in the administration office. He makes his rounds just to let people know that he appreciates the hard work that they're doing and I know that the staff appreciates hearing from the mayor because again it's That said, I'm doing a good job.

And that still means a lot.

even in small towns such as Sausalito.

But it is the back to the basics theme that we started four years ago and we have continued and again I think that each of the five council members would agree that we have a lot of things that we still need to accomplish. But we are accomplishing some great things. This year, at the end of this year, we would have paved over 50% of our streets in a two-year period of time.

and that's significant. And it's not just the cosmetic pavement, If you tried to drive down Spencer Avenue all the way to Bridgeway, you would have noticed that you couldn't get down San Carlos.

and that is a bear of a street and we're tackling it. And the Public Works Department, Jonathan Goldman, Todd Teachout specifically and the rest of the crew there with Andy and Doug Smith, and I see Lauren back there.

I mean, we're taking on significant improvements to the street.

The other one that I know that several council members and maybe even members of the public will get a kick out of was Watery Street.

But not only are we improving and paving Watery Street, which at some time there was arguments, if you go back through the minutes, that it wasn't even our street. We didn't actually receive it properly, so we're not going to pay. That's not our responsibility.

And over time, We looked at ways to get it paid and through the good work again of the Public Works staff They found the safe routes for schools.

Grant?

that was going to help it, but it's now going to have a sidewalk because we're going to have the kids walk down the sidewalk rather than down the middle of the street. We just saw a terrific presentation from our folks from Willow Creek Academy and the kids at Bayside School that used that walkway to get back to their homes and to do it safely and to be actually able to pave Watery Street, which has been a gravel, dirt road, mud, slick, depending on what condition it's been in.

is again another major accomplishment. So to get to where we are on the streets in this town, I think we all should be very proud of and recognize that we're making significant progress, not just the cosmetic progress that I think was going on many years ago.

And I still reflect back to anyone that knew Frank Futes, who passed away two years ago on Thanksgiving. Just before Thanksgiving, his daughter lives on Bonita. Kathy Futes, his wife, Frank's wife, is her Madden sister. So a longtime resident. He used to come into City Hall and say, when are you going to fix Johnson Street? When are you going to fix these, you know, sorry. Caught myself there. But when are you going to fix these concrete streets?" And city manager and engineers and folks said, well, we can.
03:09:58.11 Unknown Thank you.

Thank you.

Sorry. I caught myself.

Oh.
03:10:01.57 Doug Smith Thank you.
03:10:09.79 Adam Politzer And Norm would know, we just need money.

Um, and the council, has been putting money towards improving our streets and we're now able to start tackling those big streets. And we don't know if we're gonna make it through St. Carlos without finding something and hopefully we have no impact on the people that are living on each side of the cliff because San Carlos was different than but we're tackling it and I think that they've made significant progress today.

and hopefully before the end of the year.

uh, all the streets that were designed to be improved are improved, and that's where we are now.

The bulkhead project is a $5 million project. It's a major project. It has significant impact on that area, not just the Yacht Harbor, but also the Spinnaker and the other side of it, which is the view side and links to Gabrielson Park. And from this design here, you can see how it's a central component of what happens there. very difficult, complicated project, but here we are, something that We had no idea how we were going to come up with $5 million. We had made an agreement at some point back in the past that for $150,000, we'll be responsible for the maintenance, and then there was an argument about what the word maintenance meant. We didn't think it meant $5 million, but obviously we came to some compromise and a partnership and to some new agreements, and here we are.

coming to the end of a really successful project in partnership But again, these are examples of things that represent Um, basic services in my mind.

We had some major changes in our staffing. We had a very popular police chief in Scott Paulin who followed a very popular police chief in Joe Krines, and how are we gonna fill these shoes? I think if you asked anybody out into the community who's so far the most popular chief in Sausalito's history, I got to say that Jennifer's got to be the odds-on favorite. She's done an outstanding job and again, I think she's worked very closely with the mayor. I know the mayor's worked closely with Jennifer in tackling issues on bicycle circulation and parking
03:12:24.62 Unknown But
03:12:30.75 Adam Politzer and a variety of other things related to the business community.

Uh.

City librarian.

Mary Richardson.

Another area where Herb was very supportive of the library and we had a major change there and Mary is now enjoying her retirement.

flows through City Hall and is still involved, I'm sure.

behind the radar.

but we brought in a new young man with Abbott Chambers who's doing a good job getting acclimated and carrying the torch forward. But the city council this year, again, under the mayor's leadership, was able to restore the book budget, and we've now taken responsibility back in paying for our share and our responsibility as a basic service to provide library service to our community. But to take it a step further, a partnership that also emerged was with the foundation to do the improvements, to do their rehabilitation improvements, get some new furniture, new circulation, and the city put in $100,000 in the foundation.

matched it with $100,000.

Hopefully later.

Next August we'll be able to have a ribbon cutting ceremony and see the fruits of our labor.

The commitment of our sewer committee and our sewer workers and our partnership with the South Carolina and the Sanitary District again has shown some real outstanding improvements on what happens in our sewer systems and cleaning them out and trying to the disasters that we've had in the past by improving the maintenance and replacing the lines where we can.

and then tackling some of these major projects The mayor has been involved in discussions with both me and the public works director about how he can help put pressure on the state and work with Charles McClashen and work with Jared Huffman again to make sure that the slow wheels up at the state capitol move fast enough to avoid any future problems. The mayor stood firmly next to me when we were meeting and tackling PG&E.

and again making sure that we have reliable power source through our town and every time the wind blows, our power doesn't go out and I think that Last year we experienced that that improvement and again I anticipate again another year of improvement. Disaster preparedness has been one of the areas where the mayor has provided leadership working with the committee and working with staff both the fire department and the police department to understand his role as the mayor, his role as a council member.

The council's all gone through training and have all gotten regular updates by our very capable Sergeant Frost. But he's always taken it a step further and look at what else can we do.

important.

Park improvements, we finally got Harrison Park through the approval process.

and now we're trying to raise the funds to actually move that project forward.

And I did have a meeting recently with Lauren and Bertis who looks like that there are some funds that are going to get us going. And then working with the Lions Club, again, getting that project to completion. And then we all saw and witnessed the new design for Robin Sweeney Park. And that one, you know, as we all know, people want to participate. and Mike Langford, working with the community, brought that project forward, brought it to the council, consensus that we think we have a design that we all like. Now we've got to go find the money.

and a commitment that the mayor made then and will continue to support is asking people to chip in and step in to help us get these things done. These are basic services, providing library services, park and recreation services, improving our streets, our sewer lines, making sure we have energy, making sure we have good staff that feel supported by their council and by their community helps us do our job. And I think that's part of the reason over the last four years you've seen a success and the community has felt the success of us actually getting Your community development staff obviously has done a lot of work this year. A lot of their items are priority calendar items. And Peter, one of them, the omnibus, that was on the priority list that the council moved above the line.

So that item took a lot of time, but here it is. It got to the council and it's moving forward. And I know that Michael, on probably the third week that I started as a city manager four years ago, took me to coffee and said, we gotta fix this. So we started and we have still, as council member Leon has mentioned, we got the tough items coming when we actually get into the bigger discussion there.

But it's a tough job and being the mayor has its benefits.

Because you're the mayor.

And when you go to Chile, or you go to Sakaide, that honor is taken very, very seriously.

and I think that the mayor journey to Chile and to Japan.

one has strengthened the relationship that Susan Rowe had done such a good job in with our sister city society program but I think that he elevated that by his level of participation with the mayor of Sikhaide and the delegation that's come and visit here and then his efforts going there. And I know the vice mayor and his wife, Monica, had quite the experience with the mayor on the last trip.
03:18:21.88 Herb Weiner .

We made it back.
03:18:23.13 Adam Politzer So, Thank you.
03:18:24.60 Herb Weiner Yeah.
03:18:25.29 Adam Politzer Thanks.

Thank you.
03:18:25.76 Herb Weiner Thank you.
03:18:25.78 Adam Politzer You know, people that serve on the council don't always get the credit that they deserve that it's a part-time job and it's not even a job.

you get a very small benefit in terms of monetary benefit for the amount of time.

But I think that the mayor this past year has shown that the volunteerism that he's provided to this community deserves to be recognized and appreciated.

because it was a full-time job for Mayor Weiner.

He spent every day and put all the effort in to serve everyone, to listen, and to work with everyone to the best of his ability. And we saw that, and we recognize it, and we appreciate it.

I just wanted to make sure I was trying to keep this brief, Herb, you'd asked me to keep this brief, and...
03:19:17.84 Unknown to keep this free.
03:19:19.11 Adam Politzer This is one page of, I probably had five more, but there are so many exciting things that happened this last year.

Um, that you and the council get credit for and sometimes we don't take time.

to reflect on that.

tonight in the Council packet was the executive debriefing of the Council and Management retreat, and we do it every six months and they approved it so it'll be posted on the website you know, tomorrow, by the end of the week, But one of the things that's listed in there is a look back of six months of what we've accomplished over the last six months and go through and you go through every single department And you can see what was accomplished And then it's the vision of what we're going to work on for the next six months so you can see what's on that list.

And that list comes forward and as I've described before, the priority calendar then kind of comes out of that and then the budget process.

which is not that far away now.

takes place.

has had a pattern.

but I've had to have a council and a mayor along these four years be a part of this process.

and to understand where staff is trying to go.

and to help.

help the community understand sometimes we move faster than the community wants us to.

and sometimes we make decisions that need a little bit more time of airing out and that's part of the mayor and the rest of the council's role to say, I think we need an update.

and then we can have a discussion.

on what the next steps are. Quarterly reports are helpful, but we need a reminder because that quarterly report may not have given us the amount of detail that we need. So there's a real relationship between the mayor and the manager and a real relationship between the council and the staff on how we move things forward. So I wanted to thank the mayor and take a little bit of your time tonight to recognize Her It's a tradition that we started. When I joined, we have a nice plaque for you. And if you'd come down, I'd like to hand this to you and shake your hand.

and read to the public on what it says.

And again, we have a very talented city clerk here who has I once again pulled this information.

together to to be on this plaque that kind of fits the person that you are.

The title of this is Together We Can. Together we can achieve greater results, break down barriers, promote positive reinforcement, discover the perfect solution, bring excitement to every day, make an impact in the community, educate one another Help those in need.

make a difference.

through teamwork, All things are possible.

Herb Weiner.

Mayor, City of Sausalito, December 10th, December 2010, December 2011.

Thank you.
03:22:41.86 Herb Weiner You know, All these years that I was in business, which was, I started in business in Boston in 1960.

And I've always been in the people business.

The transition to government I really find out is not that much different. It is the people's business.

and It is all about you.

Um, been a great honor for me to be the mayor.

I scratch myself every day.

when I get up saying I'm the mayor.

But, uh...

You know, I've always followed my little voice inside of me that always says, what you put into it is what you get out of it.

And it's a, And I must say, and I think I know all of you here, I must really say that You've really made me a much better human being.

So I really appreciate it. So thank you very, very much.
03:24:11.06 Herb Weiner Okay, we're almost there.

Next item that we have is City Council election of the Mayor.

So I open it up for nominations.
03:24:30.20 Herb Weiner I'll nominate Mike Kelly. Let's see. Any other nominations?

Okay.
03:24:37.00 Herb Weiner Thank you.
03:24:40.95 Herb Weiner Do you?
03:24:41.83 Unknown (Clerk/Roll Call) Thank you.
03:24:41.86 Doug Smith Thank you.
03:24:42.13 Unknown (Clerk/Roll Call) Thank you.
03:24:42.47 Herb Weiner Okay, let's vote.
03:24:48.37 Unknown (Clerk/Roll Call) Councilmember Pfeiffer.
03:24:49.96 Linda Pfeifer No.
03:24:51.17 Unknown (Clerk/Roll Call) Council Member Ford?

No.

Councilmember Leon.
03:24:55.97 Linda Pfeifer Thank you.
03:24:55.98 Unknown Yes.
03:24:56.83 Unknown (Clerk/Roll Call) you Vice Mayor Kelly.
03:25:00.91 Unknown Yes.
03:25:03.39 Unknown (Clerk/Roll Call) And Mayor Weiner.
03:25:04.88 Herb Weiner Yes.

Okay.

Congratulations.
03:25:16.72 Mike Kelly So you follow me. I guess this is it. All right. All right. Next agenda item is nominations for the election of vice mayor.

So are we open for nominations?
03:25:29.34 Herb Weiner Yeah, I nominate Jonathan Leon for vice mayor.
03:25:34.85 Mike Kelly Are there any other nominations?

Seeing none.
03:25:40.21 Linda Pfeifer I nominate Carolyn Ford Thank you.
03:25:42.62 Mike Kelly Thank you.

Thank you.

Any other nominations? All right, we'll close nominations and call for the vote.
03:25:55.70 Unknown (Clerk/Roll Call) Councilmember Fiverr.
03:25:57.42 Carolyn Ford Thank you.
03:25:57.44 Linda Pfeifer Carolyn Ford.
03:25:58.03 Carolyn Ford and I'm not sure what you're doing.
03:25:58.28 Linda Pfeifer Thank you.
03:25:58.30 Carolyn Ford Thank you.
03:26:00.40 Unknown (Clerk/Roll Call) Council Member Ford.
03:26:02.86 Carolyn Ford I'll vote for myself, Carolyn Ford.
03:26:06.91 Unknown (Clerk/Roll Call) Council Member Leone.
03:26:09.32 Jonathan Leone I thought for myself.
03:26:16.68 Unknown (Clerk/Roll Call) Council member Weiner.
03:26:19.11 Mike Kelly Doesn't sound right, does it?
03:26:21.77 Herb Weiner No, it feels good some ways, I'll tell you that. Jonathan Leon.
03:26:26.55 Unknown (Clerk/Roll Call) and Mayor Thank you.

Kelly.
03:26:28.90 Mike Kelly Jonathan Leon.
03:26:31.36 Herb Weiner Hey, thanks a lot.
03:26:31.97 Jonathan Leone But...
03:26:32.03 Herb Weiner Appreciate your vote of confidence.
03:26:32.71 Mike Kelly your vote of confidence. Exactly.
03:26:34.03 Doug Smith All right.
03:26:38.04 Herb Weiner At this time here, I'd like to move that we adjourn early, if that's okay.
03:26:43.16 Herb Weiner .
03:26:45.26 Carolyn Ford you
03:26:45.32 Herb Weiner Thank you.

We have.
03:26:47.66 Carolyn Ford Mr. Mayor, I have, Mr. Mayor, I have two.

items that I'd like to see on the future agenda, if I may, quickly. The first is that today the Board of Supervisors accepted Governor Brown's pension reform plan. I move that Sausalito
03:27:14.17 Jonathan Leone You have to ask through it.
03:27:15.66 Carolyn Ford show support of Governor Brown's reform plan, and that we put it on the Council's next meeting agenda for discussion.
03:27:27.28 Linda Pfeifer I second that.
03:27:29.41 Herb Weiner Thank you.
03:27:31.67 Herb Weiner you
03:27:31.92 Herb Weiner No.
03:27:33.31 Herb Weiner Thank you.
03:27:33.34 Herb Weiner Thank you.
03:27:33.41 Herb Weiner of you.
03:27:33.76 Herb Weiner No, it's future gender.
03:27:33.78 Herb Weiner Thank you.
03:27:33.80 Mike Kelly No, it's just future gender.
03:27:35.08 Doug Smith Thank you.

Thank you.
03:27:35.59 Mike Kelly Thank you.
03:27:35.62 Linda Pfeifer Mr. Mayor.
03:27:35.98 Doug Smith Mayor.
03:27:36.97 Linda Pfeifer Thank you.

Mr. Mayor, I guess. There has been precedent before where we have voted on recommendations for future agenda items, and Council Member Ford has made a motion, and I have seconded it.
03:27:51.23 Peter Van Meter There's no vote to be there.
03:27:53.47 Carolyn Ford Excuse, Mr. Mayor, can we get the city attorney to weigh in on this?
03:27:54.72 Peter Van Meter of your Thank you.
03:28:04.02 Mary Wagner And I'm actually looking at your protocols. Give me one second.
03:28:21.30 Mary Wagner Your protocols about placing an item on the agenda indicate that if a council member wants to put an item on the agenda, he should go to the mayor. If the mayor disagrees, the council member can raise it during future agenda items, section of the city council meeting, and then by consensus or a majority vote, if necessary, an item can be put on a future council agenda on a date to be determined by the city manager working with the mayor and vice mayor unless otherwise specifically directed by a majority of the council.
03:28:52.49 Doug Smith Yes.
03:28:52.98 Jonathan Leone Thank you.
03:28:53.03 Mike Kelly you
03:28:53.09 Linda Pfeifer .
03:28:53.13 Jonathan Leone I don't think anybody has a problem with putting on a future agenda. I don't have a problem with just where and when.
03:28:53.19 Linda Pfeifer as a...
03:28:54.04 Mike Kelly Sure.
03:28:54.22 Linda Pfeifer Thank you.
03:28:54.24 Doug Smith Thank you.
03:28:55.42 Mike Kelly I don't have a problem with just where, where, and when. I'd like to know more about what the council or what the board of supervisors did today and what, in fact, they actually acted upon.
03:29:08.57 Carolyn Ford Okay, well we'll have time because it's January before our next meeting.
03:29:08.82 Mike Kelly So.
03:29:12.67 Mike Kelly I will attempt to get the information and we'll consider putting it on.
03:29:17.95 Linda Pfeifer So could we go forward with a vote on that? Because the motion was to place Governor Brown's pension reform plan on the future agenda. Right.
03:29:31.03 Carolyn Ford Excuse me, if I may correct that, it's to place it on our next meeting's agenda. Okay. Sorry.
03:29:39.38 Jonathan Leone Adam, does that give the staff time to get a staff report and study it? I'm in favor of the government's proposal, but it's just doing it the proper justice and make sure we do it right versus a grandstand.
03:29:54.08 Adam Politzer Yeah, I agree with what I heard.

from several of the council members, I don't think that the staff or any of the council members are opposed to bringing the item forward But I think part of what the staff is working on now .

and that is to bring a series of of items forward.

including the compensation study, the OPEB. I mean, just there's a whole length of information that we're bringing forward, including Bartell and Associates again, which would obviously walk through what the governor's plan is from a consultant, you know, professional consultant's perspective.

opinions so that the council and the public can be educated on the 12 point plan.

some of the items on the 12-point plan.

are not controversial and others of them are.

And so I think that for staff.

to bring forward information to the council to do that on January 6th, we wouldn't have time to do that.

between now and then.
03:30:59.17 Linda Pfeifer Mr. Mayor, I have a follow-up question for clarification. So Mary and Adam, I think I had sent an email question with respect to timing, you know, for, you know, discussions of, you know, next contracts, etc. And was wondering if, you know, there was a time constraint with respect to
03:31:02.59 Adam Politzer Thank you.
03:31:21.36 Linda Pfeifer if we wanted to.

you know, explore.

new reforms that might take in place, how that alignment and that timing might work out.
03:31:32.66 Adam Politzer I think that that's part of what staff is preparing to bring back to the Council to understand what the process and the timing is, which will include that. We did receive your...

your question and staff is looking at giving you and the rest of the council response to that. And I think that we have a draft of that that's probably waiting for my review.

So probably by the end of the week we'll have that out on that specific question.

The negotiations as we've gone through in the past, some go quickly and some
03:32:07.07 Doug Smith Thank you.

Thank you.
03:32:12.64 Adam Politzer go into the new year.

And and roll in.

Um...

roll forward until there is some agreement or concessions made.

But we're nowhere at that point. We're at the very beginning and I think That's what we're proposing to do. I want to say the second meeting in January is when Charlie was planning on coming forward.

with information.

and a timeline that would include looking at Governor Brown's pension reform.
03:32:44.87 Mike Kelly Why don't we suggest that we target the second meeting in January? The staff will be able to have the time. Charlie will have the time, and we'll bring that information back.
03:32:54.17 Linda Pfeifer So I just formally amend the motion to bring this as a future agenda item, the second meeting in January.

Thank you.
03:33:05.54 Carolyn Ford Seconded.
03:33:08.41 Adam Politzer You know, I...

JUST WANT TO I understand...

what is being requested and I understand the significance of it.

But the idea and the agreement that was worked out in the Council's protocols was that until you actually, you know, some items have time restraints and constraints and others do not.

Um, and when we put the packets together, and we're trying to stay within a 10 o'clock Uh.

ending time, you know, we need that flexibility and that's why the The arrangement to work with the mayor and the vice mayor and the city manager and the clerk is, the city clerk, is made that work. I think staff's intentions is to do that. I think that's what we shared, but to say that it has to, I don't know at this moment in time with the holidays if we're going to make that date.

you I know it's on Charlie's list of things, and that is on it, but it is in the mid-range of what he's working on right now.
03:34:19.07 Linda Pfeifer So Adam, Mr. Mayor, if I may follow up with another question. Thank you. So Adam, you just said that Charlie had hoped to present it the second week in January. If that missed, then I would assume by the first week in February, we would get there. So I'll just amend my amendment.

if I may and say, that this item would appear on either the second meeting in January or the first meeting in February.
03:34:56.23 Adam Politzer And I'm not trying to evade what you're asking for.

but I think what's being but, What Charlie is bringing forward was a bigger discussion.

And what I heard Councilmember Ford request was a narrow discussion on the governor's 12-point plan.

So this, you know, there'll be that will be part of it.

but.

Um, If I remember correctly, part of this is an hour presentation from Bartell and Associates to go through our current situation.
03:35:33.11 Linda Pfeifer Okay, so Mr. Mayor, may I clarify again? So we have a motion on the floor. Whether or not Governor Brown's pension reform plan is a part of a presentation or the focus of staff's presentation, I think the spirit of this motion is that it is, you know, presented to the council for discussion. So the motion on the floor is to present this, put this on a future agenda, and my amendment was to have it either in the second meeting of January or the first meeting of February. And if my recollection serves me, that is pretty much butting up against the timeframe we need to, you know, have with respect to...
03:35:33.13 Adam Politzer Thank you.
03:36:14.46 Carolyn Ford Thank you.
03:36:14.49 Mike Kelly I expect you.
03:36:15.10 Carolyn Ford And...
03:36:15.18 Mike Kelly Thank you.
03:36:15.24 Carolyn Ford And would I... Mr. Mayor?
03:36:17.63 Mike Kelly Let me say this. I support bringing the pension Um, issues before the Council but I support bringing them at a time when we have the proper information, when staff has had plenty of opportunity to put together a comprehensive program, which includes information from Jerry Brown's 12-point plan, and that we do that in a time frame that makes sense. I cannot support picking a specific date at this moment at quarter to 11 on the last day of the year. Mr. Mayor? So I would say what you want to say.
03:36:52.31 Bonnie McGregor Mr. Mayor.
03:36:58.67 Bonnie McGregor I'm sorry.
03:36:58.82 Carolyn Ford Thank you.
03:36:59.03 Doug Smith Thank you.
03:36:59.58 Carolyn Ford Okay, I have just one comment. I think that the reason I raise this is that there is momentum with the Board of Supervisors getting on board and supporting a sustainable program. These are not huge changes, but they are considered sustainable.

uh, changes and I just think that we need to if we are as cities going to be able to look at sustainable changes and not something that's going to you know, be anything else other than that, and that we'll also consider our employees, that we need to get behind it, because I think this, the Board of Supervisors' acceptance of it was a major decision, and whether We We will take a long time to decide what we're going to do, I'm sure, after Bartel presents the facts, that's fine. You know, we'll take some time to talk about that and fit it in with our five-year and hopefully 10-year budget. But my point in bringing it up was simply to get on board what seems to be a very reasonable proposal by our governor and by the Board of Supervisors.
03:38:27.82 Jonathan Leone Thank you.

Can I just make a sort of try to get this moving and make the compromises that we, what your original motion was, I think, was to draft a letter of support or something like that.
03:38:37.91 Unknown No.
03:38:38.35 Jonathan Leone It wasn't just to discuss it, it was to... But I think if we can incorporate discussion in the first meeting,
03:38:43.87 Jeremy Graves meeting.
03:38:45.15 Jonathan Leone Thank you.
03:38:45.93 Carolyn Ford No, that was not my request.

Sorry, Jonathan.
03:38:50.98 Jonathan Leone I'm pretty sure it is. I'll go back and I'll stand corrected when I review the tapes. But so the end, the result is, at the end of the day, all you want, we need to do is talk about it and educate ourselves on it and the impact on our negotiating strategy with our bargaining units and make sure it goes, it combines with that. I think we're trying to set up a series of steps so that in
03:38:54.84 Unknown when I review the tapes.
03:39:12.08 Jonathan Leone Regardless of what the state does, we're going to get something done on our own pension reform. And there are aspects to his plan that are certainly not – some that aren't that controversial or some that are more realistic than others. But as a compromise, why don't we just say that it will be discussed at the first time we discuss pension reform, which is going to be pretty soon as part of our negotiating strategy going forward. And what I thought you said is that we're going to start seeing that from Charlie at some point in the first two months of the year. So is that, I mean, it sort of accomplishes what Carolyn wants to do. It's just we need to make sure we understand and are well-versed in it so that we're not just doing something for political gain rather than understanding what the impact is going to be on our own bargaining units and how they react to it.
03:40:00.75 Carolyn Ford Most of the changes apply to the future employees.
03:40:03.81 Mike Kelly A few days.

nothing's going to happen in two months and i what we're hearing is what we're hearing is that staff can get this under their belt and get it out
03:40:07.43 Carolyn Ford Mr. Mayor.
03:40:16.46 Mike Kelly late January, early February. And I think that's a reasonable time to give them to do that and build a program that incorporates the governor's 12-point plan as well as the governor's.
03:40:19.11 Unknown I think that's a reason
03:40:28.01 Mike Kelly Sassolino's own specific needs.

And, and I can promise you the 12-point plan is not going through the legislature any time before February. So I think we owe it to our staff to let them help.
03:40:38.05 Doug Smith Thank you.
03:40:42.92 Adam Politzer Thank you.

Okay.
03:40:43.65 Mike Kelly Yeah.
03:40:43.67 Adam Politzer I'm sorry to interrupt that.

And that's what I'm saying.

Let me just make this commitment to you. I think that what I shared a moment ago was that Councilmember Pfeiffer had asked about the process in terms of labor negotiations.

Charlie was working on that draft. I believe I have that in my inbox.

I'll sit down with him the next day or two and broaden that response to include when we'll bring this forward.

be it the second meeting in January or the first meeting in February, Seems reasonable, but I'd like to have a moment to confer with him.

and leave it at that without a formal motion.

and direction being given, it gives me the ability to send you guys an email telling you where I think this will fall.
03:41:29.19 Linda Pfeifer All right.

Mr. Mayor, if I may respond. Okay. So, Adam, I can understand the flexibility. Would you feel comfortable if my amendment was specifically January or February?
03:41:32.52 Adam Politzer Thank you.
03:41:32.55 Doug Smith Thank you.
03:41:32.57 Adam Politzer Thank you.
03:41:46.85 Adam Politzer I don't want to tell you how to make the motion or what motion to make. I think that I have gotten enough direction from the council that they would like to have A discussion.

That includes?

the Governor's 12-point plan, in the context of all of the negotiations that are going to take place between now and the end of the year, in the fiscal year.

and that we'll bring something back My understanding it will be that second meeting in January.

I want to make sure that with this new discussion tonight.

that wasn't already in the mix, that we have the flexibility to bump that into February. Okay, Adam, so that sounds...
03:42:25.49 Linda Pfeifer Okay, Adam, so that sounds like a yes. So I will amend it.
03:42:29.59 Jonathan Leone to be.
03:42:29.76 Adam Politzer Thank you.
03:42:30.38 Jonathan Leone And then you have to let him run the meeting. I want to call.
03:42:33.69 Mike Kelly I want to call the question. I want to propose a motion, a second motion. And the second motion, I believe, under Rosenberg gets voted on first. Is that correct?
03:42:35.34 Linda Pfeifer Yeah.
03:42:35.58 Unknown you.
03:42:44.96 Doug Smith Yes.
03:42:45.55 Mike Kelly Okay, then I make a motion that we direct staff to work diligently to come up with a schedule to bring back pension reform issues, which we already had in the agenda and on the hopper, on the agenda, as soon as is reasonably possible, hopefully late January, early February, but at a schedule which makes sense to the staff and to the presentation of good information. Do I have a second?
03:43:19.24 Jonathan Leone I'll say.
03:43:20.59 Mike Kelly Okay, call the roll.
03:43:22.83 Carolyn Ford I would like to amend.
03:43:24.70 Mike Kelly I'm sorry, there's a motion on the table, and we're going to have them vote on that for sure.
03:43:27.25 Carolyn Ford All right.
03:43:32.50 Unknown (Clerk/Roll Call) Councilmember Pfeiffer.
03:43:33.90 Linda Pfeifer Yes.
03:43:40.11 Linda Pfeifer I guess I just wanted to couch my...
03:43:42.00 Mike Kelly to couch my... We're actually voting, actually.
03:43:44.67 Linda Pfeifer Yes, I know, and I wanted to explain my yes vote, which is this topic was, there was an earlier comment about this being raised for political gain. This is being raised for fiscal stability. Yes.
03:43:57.27 Unknown (Clerk/Roll Call) Yes, is my answer. Councilmember Ford.
03:44:00.33 Carolyn Ford Yes, with the stipulation that our city manager let us know in the first meeting in January when it's going to come back. Try and get it on the calendar as soon as possible so we don't lose the momentum.
03:44:15.18 Unknown (Clerk/Roll Call) Councilmember Weiner.
03:44:17.64 Herb Weiner I want to.
03:44:20.95 Mike Kelly Thank you.
03:44:21.00 Jonathan Leone Thank you.
03:44:21.03 Mike Kelly This is my motion.
03:44:21.61 Jonathan Leone Thank you.
03:44:21.67 Unknown Thank you.
03:44:21.77 Jonathan Leone Thank you.
03:44:21.98 Unknown work.
03:44:24.04 Unknown (Clerk/Roll Call) .
03:44:24.42 Herb Weiner No.
03:44:24.58 Unknown Okay.
03:44:24.61 Herb Weiner I'll vote yes. I'll vote yes. I'm just going to sleep at this point.
03:44:25.03 Unknown (Clerk/Roll Call) I don't know.
03:44:25.98 Unknown Bye.
03:44:26.03 Unknown (Clerk/Roll Call) Oh, yes. Vice Mayor Leone. Vice Mayor Leone. I'm just going to sleep at this point. Mayor Kelly.
03:44:32.78 Mike Kelly Yes.

Okay. I'd like to say just one thing. I'm very hopeful as we go forward that we can all conduct our business here. We have differences in opinions and disagreements about things, do it with respect to each other, and in a studied manner so that we can really conduct the city's business and make good gains and good progress. And I'm going to work very hard to cooperate in that spirit, and I hope everybody here will do that.
03:45:02.92 Carolyn Ford Yes, I will do that, and I have one request, and I have mentioned this at our past meeting of October 5th, and I've also discussed it with our city manager, and that is that we adopt Rosenberg – well, we did adopt Rosenberg's Rules of Order shortly after I came on to the Council.
03:45:20.13 Unknown Well.

WE DON'T.
03:45:27.27 Carolyn Ford We have not enforced them. We've not followed them. So I have requested that we hire a professional parliamentarian to instruct the Council on these procedures and enforce them at our meetings.

And I sincerely hope that we can begin a new year by adhering to Rosenberg's parliamentary procedures and thereby bring civility to our Council.
03:45:57.79 Mike Kelly Thank you.
03:45:57.81 Herb Weiner Thank you.

Thank you.
03:46:00.19 Mike Kelly Do you have a
03:46:01.52 Herb Weiner I made a motion to adjourn.
03:46:03.11 Mike Kelly All right, all in favor?
03:46:04.46 Doug Smith Second.
03:46:04.59 Herb Weiner Second.

Bye.
03:46:06.15 Mike Kelly Bye.
03:46:06.16 Doug Smith Ha ha ha.
03:46:06.22 Mike Kelly Bye.

.

you All right.
03:46:15.53 Mike Kelly Oh, yeah.

Herbie. Oh, you mean? Oh, you like me.
03:46:26.01 Unknown He was handing you the miracle out of his...
03:46:28.25 Mike Kelly Oh, OK.... Probably we should have the two of you or all of you.
03:46:28.59 Unknown Okay.

Okay.
03:46:38.90 Herb Weiner Well, why don't we do this?