City Council Meeting - November 13, 2012

The meeting began with roll call, where all council members were present ▶ 📄. Ray Gerges led the Pledge of Allegiance ▶ 📄. Mayor Kelly announced there was no closed session and that Item 5B, the Appeal of Harmonia Wellness Center, would not be heard tonight ▶ 📄.

The meeting begins with a request to continue an unspecified item to a date uncertain, which is added to the approval agenda. A councilmember requests moving business item 6A (resolution of intention to amend agreement with CalPERS) to the next meeting due to feeling unwell and needing to leave early, but staff explains the timeline requires adoption that evening for it to proceed this year ▶ 📄. The Mayor suggests moving the item up in the agenda, and after some discussion about renumbering items, the agenda is approved with changes ▶ 📄. Councilmember Pfeiffer notes a question about a consent calendar item to be addressed later.

Chief of Police Jennifer Tejada introduced three new additions to the Sausalito Police Department. She thanked the City Council for approving funding for the positions. First, Zaneta Feleo was introduced as the Contract Evidence Technician, described as having extensive experience since 2006, including policy rewriting and networking across departments, and noted for her organization and efficiency ▶ 📄. Second, Reserve Officer Marius Ramos was introduced; his background includes IT work, pursuit of a criminal justice degree, and prior police experience in San Rafael. He was sworn in by Chief Tejada ▶ 📄. Third, Police Officer Justin Ritz was introduced; he is a U.S. Army veteran with two deployments to Iraq and graduated from the police academy in Windsor. He was also sworn in by Chief Tejada ▶ 📄. The council and audience welcomed all three with applause.

Mayor Kelly introduces the presentation by Dr. Larry Meredith from the Marin County Health Department on their project to end homelessness, and also mentions Sergeant Stacie Gregory will speak on the local program. The transcription provided is only the introduction, so the full content of the presentation, discussion, and any councilmember comments are not included in the given data. ▶ 📄

The item begins with Mayor Kelly introducing the presentation by the Sausalito Sustainability Commission for the 2012 Green Business of the Year Award ▶ 📄. However, the provided transcript does not contain any actual content related to this specific presentation, discussion, or award. The preceding transcript excerpts cover unrelated topics: a presentation on homelessness in Marin County and an update on a homeless health fair program. There is no mention of the Sustainability Commission, the Green Business Award, or any related discussion in the given text.

The Sustainability Commission presented two awards. First, the Green Business of the Year Award was given to Life Factory, a company based in the ICB building with 11 employees, recognized for manufacturing environmentally friendly, toxin-free products, including a water bottle made from recycled materials ▶ 📄. Commissioners highlighted criteria like energy conservation and green staffing. Co-founders Darren Joy and Pam Marcus accepted the award ▶ 📄. Second, an award was presented to Bay City Refuse Service for their long-term service and implementation of composting and recycling programs in Sausalito, with praise for their community commitment and customer service ▶ 📄. Councilmembers expressed gratitude, with one noting personal use of Life Factory products and appreciation for Bay City's efforts ▶ 📄.

Two members of the public spoke during the Communications item regarding library closures during the holiday season. Patricia DeLuca, representing the Library Board of Trustees, requested that the City Council keep the library open from December 26th through December 30th, noting that it was closed during that period last year and that patrons complained ▶ 📄. Barbara Geisler, president of the Sausalito Library Foundation, also asked the council to keep the library open during a potential 10-day closure period and thanked the council for the upcoming library remodeling project ▶ 📄. Mayor Kelly clarified that the topic was not on the agenda and could not be discussed that night but would be taken up at a future meeting ▶ 📄. City Manager Adam Politzer provided clarification, stating that holiday closures have occurred for five consecutive years and that city staff is currently meeting with unions to discuss options. Any recommendation would be brought back to the council, likely on November 27th ▶ 📄.

The item involved a motion to approve the minutes from the October 25, 2012, regular council meeting. The Mayor called for motions ▶ 📄, and an unknown speaker made the motion ▶ 📄. The Mayor then called for a vote ▶ 📄, with no discussion or comments from councilmembers recorded in the provided transcript.

Councilmember Pfeiffer raised questions about Item 4D, an RFP for an EIR for the Valhalla project, specifically regarding whether the EIR would analyze impacts on private views ▶ 📄. Staff clarified that CEQA primarily focuses on public vantage points, but private views would be considered during the design review entitlement process ▶ 📄. A discussion ensued about the scope of CEQA, with City Attorney Mary Wagner explaining that the EIR consultant determines impacts based on CEQA criteria, and private view impacts are typically addressed during Planning Commission design review ▶ 📄. Mayor Kelly emphasized that the EIR is a disclosure document governed by state law, and approving the consultant contract allows the process to begin ▶ 📄.

City Engineer Todd Teachout presented a report on an appeal by Robert and Brenda Forsyth of 27 Glen Court against the Utility Underground Committee's decision to grant James Sparkman a variance from undergrounding requirements for his major remodel at 29 Glen Court. ▶ 📄 Sparkman's property does not front a public right-of-way, requiring easements from neighbors to underground utilities, which he could not obtain despite months of negotiations and legal efforts. ▶ 📄 The committee granted the variance based on financial hardship, as undergrounding costs ($41,000) exceeded 1% of the property's market value. ▶ 📄 Sparkman testified about extensive efforts to secure easements, spending $5,700 in legal fees, and claimed the Forsyths' appeal stemmed from their expectation that the project would remove a pole affecting their view. ▶ 📄 Robert Forsyth argued that Sparkman should have budgeted for undergrounding and that neighbors were willing to cooperate, but agreements stalled over contract wording. ▶ 📄 Councilmembers discussed the lack of neighbor notification in the variance process and the difficulty of coordinating multi-party undergrounding projects. ▶ 📄 Dan Pusini, Chair of the Underground Committee, confirmed the variance was granted due to financial hardship and offered to help mediate. ▶ 📄 Councilmember comments included concerns about the noticing process and support for upholding the committee's decision while encouraging neighbor collaboration. ▶ 📄

Adam Politzer presented the resolution to amend the CalPERS agreement to implement a second pension tier (Tier 2) for new employees, as authorized through MOUs with bargaining groups. Key points: Tier 2 lowers benefits and costs compared to Tier 1 (existing employees). For miscellaneous employees, benefits change from 2.5% at 55 to 2% at 55, with final average compensation moving from 1 year to 3 years. For police safety employees, benefits change from 3% at 55 to 2% at 50, also with 3-year average compensation. ▶ 📄 Cost savings: Miscellaneous employer contribution drops from 16.1% to 10% for new hires (net ~3.7% reduction). Police safety employer contribution drops from 36.9% to 20.5% for new hires (16.389% savings). ▶ 📄 PEPRA (Public Employees Pension Reform Act) creates a Tier 3 for employees hired after Jan 1, 2013 without CalPERS reciprocity; Tier 2 ensures those with reciprocity enter a lower tier than Tier 1. ▶ 📄 Approval timeline: resolution of intent tonight, ordinance introduction Nov 27, adoption Dec 11. ▶ 📄 Council discussion: Councilmember Pfeiffer asked for the actuarial report (Gov Code 7507), which was referenced but not fully provided. ▶ 📄 Councilmember Weiner questioned the long-term impact of police retiring at age 50 vs. 55; Politzer explained actuarial costs remain similar due to lower benefit percentage (2% vs 3%). ▶ 📄 Councilmember Ford expressed disappointment over lack of a 401k-like plan but supported for small savings. ▶ 📄 Councilmember Pfeiffer concurred, noting impact is 20-30 years out. ▶ 📄

Staff presentation covered nine key issues in the ADU ordinance draft. Council discussed: 1) Parking waiver in exchange for affordability covenant (moderate income level removed, only low/very low) ▶ 📄. 2) Amnesty parking retention requirement already incorporated. 3) Garage conversions allowed with on-site parking replacement ▶ 📄. 4) Exceptions for size/coverage/setbacks via CUP without affordability requirement (Councilmember Pfeiffer opposed, but motion passed) ▶ 📄. 5) Privacy objective standard with CUP exception process. 6) Submittal requirements added. 7) Noticing requirement for all new ADUs (except internal conversions) within 300-foot radius, despite concerns about ministerial compliance ▶ 📄. 8) Amnesty floor area waiver removed. 9) Minor edits. Council also reduced minimum ADU size from 300 to 275 sq ft ▶ 📄.

City Manager Adam Politzer announced that the city manager's report would be postponed and picked up at the next meeting on November 27th ▶ 📄. Mayor Kelly joked about giving a long-winded report, but Politzer indicated it would be brief. The council then quickly moved through the remaining items with no further discussion on this item.

Councilmember Pfeiffer requested to place the Bicycle Pedestrian Committee on a future agenda to discuss resurrecting and moving forward with interviews for that committee ▶ 📄. Mayor Kelly responded that she would likely defer that to the new mayor but would include it as part of the new mayor's transition materials ▶ 📄.