City Council Meeting - February 26, 2019

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Meeting Summary

None
None 📄
The meeting begins with Joe Burns playing music and calling the meeting to order, requesting a roll call from Serge. This is the opening of the meeting following interviews for the general plan advisory committee.
II
CALL TO ORDER IN THE CONFERENCE ROOM AT CITY HALL, 420 LITHO STREET - 6:40 PM 📄
The meeting was called to order with roll call confirming attendance of Councilmembers Cox, Withey, Vice Mayor Cleveland Knowles, and Mayor Burns, with Councilmember Jill Hoffman noted as absent due to work travel 📄. Mayor Burns announced a closed session covering items D1 through D3, which include anticipated litigation and conference with labor negotiators 📄. Public comment was invited on these closed session items, but none was offered, so public comment was closed 📄. The council then adjourned to closed session, with plans to reconvene at 7:00 PM.
III
CALL TO ORDER IN THE COUNCIL CHAMBERS AT CITY HALL, 420 LITHO STREET - 7:00 PM 📄
Mayor Joe Burns calls the meeting to order at 7:00 PM on February 26th, noting the council has just concluded a closed session with no items to report 📄. He welcomes attendees, advises caution due to weather, and proceeds with roll call 📄. Councilmembers Joan Cox, Withey, Vice Mayor Cleveland Knowles, and Mayor Burns are present. The Pledge of Allegiance is led by Kevin 📄. Mayor Burns confirms no closed session announcements and asks for public comment on closed session; there is none 📄. He then requests approval of the agenda.
1
SPECIAL PRESENTATIONS / MAYOR’S ANNOUNCEMENTS 📄
Mayor Joe Burns opened the item by stating he had no special presentations or announcements 📄. He then asked if there were any other special announcements from the council, and hearing none, he closed the special presentations section and transitioned to the public communications portion of the meeting 📄.
2
COMMUNICATIONS 📄
Public comment period with two speakers. Jeff Jacobs raised concerns about Councilmember Jill Hoffman's financial disclosure Form 700, alleging she failed to report income from a wine company and referencing her absence from meetings 📄. Mayor Joe Burns noted Hoffman was traveling for business 📄. Crystal Giff discussed safety issues on the water, recounting an incident where her anchor line was cut and she faced dangers while seeking shelter during a storm, highlighting conflicts and lack of support for liveaboard boaters 📄.
Public Comment 2 1 Against 1 Neutral
3
ACTION MINUTES OF PREVIOUS MEETING 📄
Ray Withy moved to approve the action minutes of January 22nd, 2019 📄. Susan Cleveland-Knowles seconded the motion 📄. During the vote, Joan Cox abstained because she did not have a chance to review the minutes 📄.
Motion
Motion to approve the action minutes of January 22nd, 2019, passed with Joan Cox abstaining 📄.
4
COUNCILMEMBERS COMMITTEE REPORTS 📄
Councilmembers provided updates on their committee and commission activities. Susan Cleveland-Knowles reported on the Sustainability Commission meeting 📄, noting a postponed Marin Clean Energy presentation and discussions on recycling grants and ferry landing improvements. Ray Withy reported on OMIT committee review of MLK rental properties 📄, Business Advisory Committee work on business condition reports, and cancellation of the Marin Clean Energy board meeting. Joan Cox reported on RBRA meetings and a joint presentation to BCDC 📄, attendance at a Chamber event with Mike McGuire, sewer district subcommittee meeting, and disaster preparedness committee briefing. Susan Cleveland-Knowles added information about Bay Model planning meetings 📄. Joe Burns reported on speaking at a school district meeting about the city's support for public education 📄 and noted the city's support for HR 530 to protect franchise fees and public channels.
5
CONSENT CALENDAR 📄
The consent calendar included two items: a quarterly update from the Sausalito Police Department and approval of a contract with MBS. Public comment was given by Jeff Jacobs, who criticized the police department's role in enforcing council decisions he alleged were financially motivated 📄. Councilmember Joan Cox clarified that a revised resolution and staff report for the rate study approval were on the dais 📄. Mayor Joe Burns inquired about an optional $10,000 review for the sewer lateral ordinance, to which Cox stated it was to keep options open 📄. Ray Withy noted the major change was an extra $3,000 for a help desk during protest hearings 📄.
Motion
Motion by Ray Withy to adopt consent calendar items 5A and 5B, seconded by Joe Burns, passed 4-0 📄.
Public Comment 1 1 Against
7.A
Report on the Local Emergency Related to the Mudslide Occurring on February 14, 2019 (Abbot Chambers, City Librarian and Director of Communications) 📄
Abbot Chambers presented a comprehensive report on the mudslide that occurred on February 14, 2019, on Sausalito Boulevard. The presentation included a timeline of events, starting with the slide at 2:55 AM and the first 911 call at 2:56 AM 📄. Key details: approximately 3,500-4,000 cubic yards of earth moved, destroying a duplex at 406-408 Sausalito Boulevard (where resident Susan Gordon was rescued) and a home at 57 Crescent Avenue. The slide was attributed to heavy rainfall (about 5 inches in 24 hours). Response efforts involved multiple city departments and external agencies, with successful evacuations and no serious injuries. Current status includes road closures, five remaining red-tagged structures, and ongoing stabilization efforts with the National Park Service. The debris pile contains hazardous materials like asbestos, complicating cleanup. Staff highlighted departmental efforts and recommended waiving permit fees for in-kind replacement of damaged structures. Council discussion included questions about hillside stability (David Brocken indicated it is relatively safe except for a leaning car deck) 📄, patrols during weather events (Chief Rohrabacher described proactive efforts) 📄, and details on fee waivers (Lily Whalen explained the difference between permit fees and plan check fees) 📄. Councilmembers expressed support for fee waivers and emphasized community support and lessons learned.
Motion
Councilmember Joan Cox moved to waive all permit fees and plan check fees associated with replacement in kind of structures damaged by the mudslide. The motion passed unanimously 📄.
Public Comment 11 11 Neutral
7.B
Mayor's Blue Ribbon Task Force On Housing (Joan Cox, Councilmember) 📄
Councilmember Joan Cox presented the findings and recommendations of the Mayor's Blue Ribbon Task Force on Housing. She thanked the task force members for their extensive work, highlighting that meetings were often held on Sundays in her home from August onward. 📄 The task force's original purpose was to make design review standards more objective and less legally vulnerable, but it expanded to develop low-impact housing strategies to address state housing bills and avoid high-density mandates. 📄 The six recommendations include: 1) Increasing low-impact affordable housing stock via ADU/JADU ordinance amendments, zoning expansions, and incentives like tandem parking; 2) Enhancing the city's ability to subsidize affordable housing through impact fees and a housing fund; 3) Promoting housing through GPAC referral, including exploring multi-unit zoning expansions and public sites; 4) Revising design review standards for objectivity; 5) Updating the plan review process with better training and resources; and 6) Tailoring approval processes to Sausalito's specific zoning needs. 📄 Vice Mayor Susan Cleveland-Knowles added her thanks and emphasized the importance of being proactive and creative with workforce and affordable housing to argue effectively with the state. 📄 Councilmember Ray Withy expressed appreciation but noted that the recommendations are not in the city's strategic plan and raised concerns about resource allocation and prioritization amidst other ongoing projects like the housing element. 📄 The council agreed to refer recommendation 3 to the General Plan Advisory Committee (GPAC) immediately and parse out the remaining recommendations to the legislative committee during agenda setting. 📄
6.A
Appeal of a Planning Commission Decision Approving a Design Review Permit, Nonconformity Permit, and Encroachment Agreement at 416 Napa Street 📄
Staff presentation by Calvin Chan outlined the project for a two-story western addition, garage rebuild, and encroachment agreement at 416 Napa Street, which had undergone five Planning Commission hearings. The Planning Commission initially directed staff to prepare a denial resolution in October due to inability to make findings on light/air and crowding, but after applicant revisions and new information, approved the project in December. Councilmembers visited the site and reviewed all hearing records. Key discussion points included: the side yard projection and its approval via design review 📄, FAR comparisons within the neighborhood 📄, and whether the second-story western addition causes crowding and light/air impacts on the adjacent property at 420 Napa. Councilmember Cox expressed concern over the addition's bulk and proximity, suggesting the backyard as an alternative 📄. Councilmember Cleveland-Knowles leaned toward upholding the Planning Commission, noting the project's compliance and constraints 📄. Councilmember Withy supported denial of the appeal, emphasizing the project's modesty and the Planning Commission's thorough review 📄. Mayor Burns highlighted the unique nature of a four-bedroom single-family home on a substandard lot in the neighborhood and crowding concerns due to the side entry orientation 📄.
Motion
Motion to continue the item to a future date when all five Council members are present. Motion passed 4-0 📄.
Public Comment 9 4 In Favor 4 Against 1 Neutral
6.B
Extension of Interim Permit Fees for Accessory Dwelling Unit Permits, Amnesty Accessory Dwelling Unit Permits, Junior Accessory Dwelling Unit Permits and Amnesty Junior Accessory Dwelling Unit Permits as an Urgency Measure 📄
Lily Whalen presented the item, explaining that the council previously adopted permanent fees for ADUs and JADUs on February 5th, but there is a gap before those permanent fees take effect. The council had adopted interim fees to cover this gap, and this hearing is to extend those interim fees to continue covering the gap until the permanent fees become effective 📄. Staff recommends extending the interim ordinance, with another extension expected in a couple of meetings. Councilmember Ray Withy clarified that after the next extension, the permanent fees will kick in and no further action will be needed 📄.
Motion
Councilmember Joan Cox moved to adopt the extension of the interim measure (Attachment 1) by a four-fifths vote, with interim fees in place from February 26th through March 28th 📄. The motion was seconded by Susan Cleveland-Knowles and passed unanimously with an 'Aye' vote.
8
CITY MANAGER REPORTS, CITY COUNCIL APPOINTMENTS, OTHER COUNCIL BUSINESS 📄
The item begins with the conclusion of a previous motion, which carried 4-0 📄. Mayor Joe Burns notes that interviews were conducted for the General Plan Update Committee (GPAC), with six or seven candidates interviewed and more to go, so no appointments are made tonight 📄. The City Manager is not present to give a report. Future agenda items will include transitioning from the Blue Ribbon Task Force to the GPAC.
8D
Future Agenda Items - 11:00 PM 📄
The discussion focused on a potential future agenda item regarding amnesty for short-term rentals used to assist flood or disaster victims. Joan Cox raised the issue based on public comments, suggesting consideration of non-enforcement of code violations for those offering housing aid 📄. Joe Burns proposed adding it to a future agenda with staff directed not to enforce codes in such limited situations 📄. Ray Withy questioned the issue if no rent is charged 📄, and Joan Cox clarified the need to protect even those charging minimal rent for assistance 📄. No further items were discussed before adjournment.

Meeting Transcript

Time Speaker Text
00:00:00.71 Joe Burns I'm gonna play the music there.

All right, good afternoon, good evening.

Yeah.

I'm going to start this meeting, we just got through with interviews of the general plan advisory committee. Now I'm going to call to order this meeting and ask for a roll call, Serge.
00:00:20.80 City Clerk Councilmember Cox.
00:00:23.32 Melanie Maharshan here.
00:00:24.80 City Clerk Councilmember Withey? Here. Vice Mayor Cleveland Knowles?
00:00:28.23 Melanie Maharshan Thank you.
00:00:28.84 City Clerk Mayor Burns.

Thank you.
00:00:29.78 Joe Burns Here.

Noted that council member Jill Hoffman is not available tonight traveling for work.

We will be going into closed session on items D1 through D3 of the agenda. Is there any public comment on closed session items?
00:00:51.33 Joe Burns This would be on items-
00:00:52.31 Crystal Gift There's an agenda.
00:00:55.18 Joe Burns There is anticipated litigation pursuant to California Code 54956.9.

There is conference with legal counsel, litigation initiation pursuit to California code 54956.9, Gulliver Sausalito.

And conference with labor negotiators.

Any public comment on those items?

Seeing none, I'm going to close public comment.

We will adjourn to the back room for our closed session and come back out at 7 o'clock.

Thank you.
00:01:41.87 Joe Burns Welcome.

Can I have your attention up here? We're going to start our meeting. Good evening.

Today is the, what, 26th of February at 7 o'clock. Welcome to our city council meeting. We just did come out of closed session. There are no items to report.

Thank you all for being here tonight. I know it's a lot on our agenda and it's maybe crazy outside when you leave. So everybody be safe. I'm going to ask for a roll call.
00:02:14.07 City Clerk Councilmember Cox.
00:02:15.76 Joan Cox Here.
00:02:17.02 City Clerk Councilmember Withey? Here. Vice Mayor Cleveland Knowles? Here. Mayor Burns?
00:02:20.99 Joan Cox THE FAMILY.
00:02:22.88 City Clerk Here.
00:02:24.68 Joe Burns And now we'll do the Pledge of Allegiance.

Kevin.

Would you lead us in the Pledge of Allegiance?

Yeah, you.
00:02:32.58 Adam Pilger Congratulations. Glad you heard that.
00:02:38.34 Adam Pilger Thank you.
00:02:38.35 Ray Withy But allegiance to the flag of the United States of America and to the republic for which it stands, one nation,
00:02:38.86 Unknown Thank you.
00:02:38.89 Adam Pilger Thank you.
00:02:38.98 Unknown to the flag.

in the United States.
00:02:46.99 Ray Withy Thank you.
00:02:47.21 Unknown Bye.

Thank you.

you
00:02:47.95 Jeff Jacobs you with living in a physical space.

Thank you.
00:02:53.74 Joe Burns Thank you for most of that.
00:02:58.47 Joe Burns As I said, there are no closed session announcements. Are there any public comment on the closed session?

Seeing none, can I get approval of the agenda?
00:03:08.41 Susan Cleveland-Knowles So moved.
00:03:10.18 Joe Burns All in favor?
00:03:11.09 Susan Cleveland-Knowles Bye.
00:03:11.63 Joe Burns Thank you.

Special presentations, mayor announcements, I have none. Is there any other special announcements?

Anything? Seeing none, we're going to close. Special announcements, open up communications. Public communications, this is a time for the city council to hear from citizens regarding matters that are not on the agenda. Except in very limited situations, state law precludes the council from taking any action or engaging in discussions concerning items of business that are not on the agenda. However, the council may refer matters on the agenda to city staff or direct them that subject, or direct that the subject be agendized for a future meeting. Please make sure you have completed a green speaker's card. They're on the back here. You can provide them to the city clerk. I have one. Are there any others, items that are not on the agenda? I'll call up Jeff Jacobs.
00:04:09.97 Jeff Jacobs Hello, mayor.

Hello City Council minus.

THE PERSON I And prepared to speak to.

Jill.

James Hoffman.

This is about something called impeachment.

Impeachment means when you bring a charge of malfeasance against a public official in the proper venue.

Not only when the Senate convicts.

of the United States.

The Political Reform Act Thank you.

requires state and local government officials and employees to publicly disclose their personal assets and income.

They must also disqualify themselves from participating in decisions that may affect their personal economic interests.

For want, if a better term, we'll call this Trumpism.

Jill James Hoffman in an uncontested City Council election.

in which I attempted to run and was prohibited from running.

Because the residency was taken away from the Anchorage in November of 2016.

That's gerrymandering.

Does it only happen under Republicans?

It happens all over this country.

The Anchorage lost their voice in Sausalito.

Sausalito decided to withdraw from RBRA, administering the bay.

And 41 boats have been removed from the Sausalito side.

making the Anchorage much more dangerous for everybody.
00:05:56.36 Jeff Jacobs Jill James Hoffman.

On her financial form 700, which every public official in California must fill out.

said, under stocks and bonds, income for her or her husband.

Any real estate that's not her personal residence.

She put the word None.
00:06:28.09 Jeff Jacobs Here is a picture.

of Jill James Hoffman.

as the CEO of a wine company.
00:06:40.36 Jeff Jacobs I don't think She's doing it.

Under the barter system.

I don't see her at the food banks.

I don't see her when they give away food in Marin City.
00:06:53.50 Jeff Jacobs She is allowed to amend this report at any time with no penalty.

She has not done that. Since I brought this up, she has been missing from three out of the four council meetings.

She's like,
00:07:09.03 Joe Burns Yachtswoman. Thank you, Jeff.

Um, During the roll call, I was remiss to say that Jill has contacted us. She is traveling for business tonight, that's why she is not on the agenda, or not at this meeting.

I should have mentioned that during roll call like I had the previous roll call. I'm sorry for that.

Any other public comment? I have one other card from Crystal Giff. Any others? Any others coming up?

Crystal?
00:07:36.95 Crystal Gift I'm here to talk about, hi, I'm Crystal Gift, I'm here to talk about safety.

During the last storms like two and a half weeks ago, somebody gave me a boat that wasn't theirs, blah, blah, blah, anchor out drama, whoopity doo.

But I found myself on a vessel with a knock on the boat and my anchor line cut off.

I sailed around all that night with no ground tackle.

The only boat I hit, I hit deliberately because it was Bruce Adams, he's a commercial fisherman. I was hoping he could pass me a hook, right?

It's a position I know what he really wants to get into out on the bay.

It's not having a ground tackle or somebody cut you off.

There's a lot of girls out there experiencing this.

Um, When he couldn't help me and the wind tripped my jib and the boom swung around and I lost that wind, I decided that I was going to go to Clipper Marina.

To the guest stock that is uncongested.

I had a safe tack to Clipper Marina where I was Repeatedly cut off by, I don't know which one it was. I'm not going to point fingers at nobody. All I know is this is a safety hazard. Vessels have a right of way and I'm in a stressed situation.

Safe dock, then you shouldn't get in my way and try to tuck me.

And to the beach.

What frightened me is when I went out to get a rope, and they said, here, give me your oar, and then they take a bohock and they grab your fucking oar, And then they take you to the back of the boat and they're sinking you, swapping you, and drowning you, there's some safety issues.

whether you know it or not, That's crazy.

I've sailed over 1,000 sea miles. I used to commercially fish. I know the right of way. I know the laws. I know about the water.

Now people out there in the Bay, yeah, we're helping each other.

Yeah, we might fight amongst each other, but we're a bunch of like, say, non-related siblings.

You know, everybody's trying to stay afloat, everybody's trying to do anything. You know, I came here when I pulled a 68 foot ferrol and seen me catch off a beach.

Using three hooks.

Two hooks, tied, three chain falls, and a dingy and a lot of damn patients and I dragged it 600 yards and it took me a month.

as a federally registered CF vessel that Mr. Price just stole.

Using my divorce as a loophole.

I've done lost six damn boats out there.

I don't have no more boats, there's nothing else that can be taken from me.

And you know, I love the very people that fuck me off every single day because somebody's got to love them.

But you just, this is safety issues.

If you don't know what you're doing, ask us, because we live out there every single day.

When those storms are out there, that's where I'm most peaceful. I spend most of my life on the streets.

When those storms happen, I'm at peace. It might look frightening to you, but I'm at peace. Because nothing can mess with me.

I've been homeless.

It sucks.

I've been on the water.

It's awesome.

but.

Not if you say you're on the hook, because even Sam Riffel told me they could haul my boat out, but Mr. Price could take it there and crush it.
00:10:27.11 Joe Burns Thank you.

Any other public comment?

Items on the agenda, seeing none, I will close.

public comment under communications and look for action minutes of the previous meeting or actually of the January 22nd
00:10:48.25 Ray Withy I move approval of the action minutes of January 22nd, 2019.
00:10:54.54 Susan Cleveland-Knowles Second.
00:10:58.11 Joe Burns All in favor. Aye.
00:10:59.13 Ray Withy Bye.
00:10:59.27 Joan Cox Aye. I'm going to abstain. I did not have a chance to review them.
00:11:02.86 Joe Burns Thank you.
00:11:07.05 Joe Burns Council member, committee reports. This is a time where we report to the community and to each other what we have done in our various committees and commissions of which we sit.

As you know, we sit on both regional, even some state, and then local committees.

I'll let who'd like to start? Anybody have anything to report?
00:11:30.83 Susan Cleveland-Knowles I have a quick update, so I'll start. I'm the liaison to our sustainability commission, which meets once a month. And at our last meeting on February 7th, we were supposed to have A presentation by Marin Clean Energy, but that had to be postponed, so that will now be on March 14th. But thanks to Councilmember Ray Withy for coming to the meeting.

because he is the liaison to Marine Marine Clean Energy.

And instead, the sustainability commission talked about JPA cycle eight grant, which assists the city with recycling and other efforts. And also talked about the ferry landing land side improvements and some suggestions that they had for that effort. So they had some helpful input on that. And that's it.
00:12:23.61 Joe Burns Thank you.

Right.
00:12:27.81 Ray Withy Yeah, very briefly, Councilmember Hoffman and I attended an OMIT committee meeting. We had a review pretty much of all of the rental property at MLK.

as well as looked at some specific leases. BAC, Business Advisory Committee, By the way, for those who want to know, OMIT stands for...
00:13:04.31 Joe Burns Yes, do it. Do it, Ray. Do it.
00:13:05.70 Ray Withy Outreach.

MLK and IT, now how all that got bundled together into one committee, don't ask me, it's before my time. Anyway, I then, and the reason I say that is that as we move council reports to here, we promised we would define all the acronyms, so we'll see if I can remember them. I did not attend our business advisory committee meeting. Unfortunately, I was sick. They are still continuing to work on two reports that, two or three reports that they're going to give to the GPAC on business conditions in Sausalito. So we're looking forward to that. And finally, I have no marine clean energy update. We canceled this month's board. emissions in So we're looking forward to that. And finally, I have no marine clean energy update. We cancelled this month's board meeting.

Thank you. Joan?
00:14:00.93 Joe Burns you
00:14:03.22 Joan Cox Sure, since our last meeting I've met with RBRA three times. Once in a subcommittee meeting, once at their monthly meeting, and once at a presentation that we made jointly to BCDC.

And so following in Councilmember Withies, Shoes, I will say that RBRA is Richardson Bay Regional Agency and BCDC is Bay Conservation and Development Commission.

And on behalf of the council I presented the presentation to BCDC that we reviewed a month or so ago and it was very well received and the BCDC commissioners said that they thought that we were doing a good job And that they thought that others could take an example from us.

I'm not sure.

Many of us here on the dais attended the Chamber of Commerce event with Mike McGuire.

which was well attended and well received. I also attended a Saucyuta Marin City sewer district subcommittee meeting with Councilmember Withy at which we are planning our upcoming rate studies and reviews.

On the eve of our disaster here in Sausalito, I attended a disaster preparedness committee meeting.

at which Mike McKinley very kindly briefed all of us about the importance as council members of being available as a resource, but we are not responders. And so as tempting as it is to go, you know, show up on site, and it's important for our leaders to do that, it's also important, you know, not to interfere in the disaster, in addressing the disaster. So.

We're of course very grateful to our responders and I'm very grateful to be a member of that committee which is doing important work for the city. Thank you.
00:16:07.96 Joe Burns Thank you.
00:16:11.03 Susan Cleveland-Knowles I just saw Chris Gallagher come in who had sent me information about a a planning session that's going on at the Bay Model and there have been two meetings. They're going through a general planning process. So there was one meeting, there is going to be another one.

And just for anyone in the community that's interested in participating in the future of the Bay Model, the next meeting is Wednesday from 6 to 8. And is- Tomorrow. Tomorrow, Wednesday, from 6 o'clock to 8 o'clock at the Bay Model? Correct. Great. So a great resource here in our community, and I know they would appreciate lots of community input on that.

Sorry.
00:16:58.35 Joe Burns Thank you. I have two. First, I spoke at the school district meeting a couple weeks ago on the 14th. As a liaison to the school district from this council as well as the mayor to state that the city does value public education and just as we do fire safety, sewer treatment, and transportation with regional agencies.

On my own remarks, I said I think they have an economy of scale issue, but really I was there to say that the city of Sausalito needs and appreciates public education and we will continue that discussion up here hopefully in two weeks.
00:17:40.59 Kirsten Thomas or
00:17:41.05 Ray Withy uh,
00:17:41.28 Unknown you
00:17:43.73 Joe Burns I didn't attend this meeting, but we all saw at least a request, I think, from the league to sign a letter regarding HR 530 from Anna Eshoo at the federal government to stop a telecommunications issue. We really didn't have time to turn that around, but our name is on the letter that came from the Marine Telecommunications Agency. In support of this bill by Anna Eshoo, which would stop the FCC's current path of removing franchise fees and public education and government channels from the providers franchise to the communities that they serve. So this has been an ongoing issue. It came up last year in a bill statewide. These large companies have taken it to the federal level and we have at least a representative now fighting for our local rights on the federal level through that bill. So we didn't get a letter off but one did go with our name on it.

Seeing no others, I'll move now to consent calendar. We have two items on consent.

Um, I will open up public comment.
00:19:03.90 Joe Burns Public comment on items on the consent calendar, which is the police quarter two and approval of contract with MBS. I see one card, any others? First card is Jeff Jacobs.
00:19:22.38 Jeff Jacobs Hello again, City Council minus one.

I'm not sure.

The consent calendar.

includes the quarterly update to City Council from the Sausalito Police Department.

It says, following the direction of City Council, the Sausalito Police Department is working towards improving the safety, quality, life, and environment upon Sausalito waters by removing marine debris vessels, vessels being stored in excess of 72 hours.

and unoccupied mooring balls.
00:20:01.48 Jeff Jacobs The police.

In Sausalito.

Well represented at the council meetings, sometimes a majority of the attendants.

at council meetings. I'm glad to see them here.
00:20:18.12 Jeff Jacobs Are taking orders from the city council, I'm hoping.

Minus one.

Jill James Hoffman.

Not here.
00:20:31.50 Jeff Jacobs When?

THE SAUSALIDO CITY COUNCIL is voting for their wallets.

and not for the people.

We have an issue.

One in Washington DC.

Trumpism.

An obvious attempt.

To pad wallets.
00:20:55.92 Joe Burns Keep it on the consent items.
00:20:56.75 Jeff Jacobs Yes, protected by the police.

The police in Washington.

the police in Sausalito. We are not going to be stopping after we confront Jill James Hoffman.

with impeachment and recall,
00:21:12.22 Joe Burns Not on the consent.
00:21:12.95 Jeff Jacobs Yes it is. The word police is not your nexus. Okay, well I'm going to be talking about the police. Thank you. So what the police do.
00:21:13.03 Joe Burns Yes, it is. The word police is not your nexus.

Thank you.
00:21:18.73 Jeff Jacobs Is the police enforce the rules that Sausalito Council has voted on? When the Sausalito Council is voting with their wallets and it is an undisclosed economic interest that they are protecting.

The police are implicated in that.

So what we want to do as a non-violent movement Despite what the Marin IJ has talked about, that we are prepared as an armada to resist tyranny by force, In no way is that happening. I wasn't allowed to bring my oars here. Thank you, Stacy.

I'll use them to roll back to my boat tonight They're not a danger.

except when I don't take care of my ore station, Ray.

The police.

are going to be forced though to decide Whether they want to be on the people's side, or on the side of money. Each one of them will have to examine his or her conscience.
00:22:21.09 Joe Burns Thank you.

Thank you. Is there any other public comment on consent items? Seeing none, I will close public comment, bring it up here. Any comments on these two?
00:22:31.48 Joan Cox Regarding the approval of the rate study, we have a revised resolution on our dais. I want to make sure that we're approving the revised resolution. It accompanies a revised staff report that was attached as late mail.
00:22:42.25 Joe Burns A revival.

Thank you. Let's take a couple seconds because I actually have a question and I think for you two being on that committee.

the 10,000 to review the sewer lateral ordinance. That was kind of new to me. Was that agreed that we need to do that? It's listed as optional. Are we assuming that option is needed?
00:23:05.01 Joan Cox We're not assuming it's needed, we're keeping our options open.
00:23:06.40 Joe Burns keeping our options open. Okay, but we can have the option open.

Thank you.
00:23:08.64 Ray Withy Thank you.
00:23:08.71 Joe Burns Yes.
00:23:09.72 Ray Withy The major difference was the inclusion of an extra $3,000 in order to open a help desk line during the protest hearing phase of this.
00:23:14.09 Joan Cox Yeah.
00:23:14.31 Joe Burns Thank you.
00:23:26.31 Joe Burns Any other comments?
00:23:28.18 Ray Withy I move adoption of consent calendar items 5A and 5B.
00:23:33.35 Joe Burns Second.

All in favor?
00:23:36.76 Ray Withy I'm not sure.
00:23:37.04 Joe Burns Bye.
00:23:37.08 Ray Withy Hi.
00:23:37.09 Joe Burns Aye.

That passes four zero.

We are now moving on to our business items.

7A, update and status report on the local emergency related to storm activity and land slides occurring on February 14th, 2019.
00:24:01.48 Joe Burns And Abbott Chambers, our city librarian and director of communications.

was definitely director of communications the last two weeks in an awesome fashion.
00:24:14.77 Abbott Chambers Thank you, Mr. Mayor, and good evening, Mr. Mayor and members of the council. I'm Abbott Chambers, I'm your city librarian, your director of communications, and for
00:24:15.55 Joe Burns Yeah.
00:24:25.29 Abbott Chambers the recent mudslide, your PIO for the incident, public information officer. I'm here this evening to give you a report and status update on the mudslide that took place at Sausalito Boulevard on February 14th, just a little over 10 days ago.
00:24:44.46 Abbott Chambers As far as what I'll be covering, I'm going to start with a recap of what happened on February 14th, including a timeline of events.

Then I'm going to talk about the current status of the mudslide site and the activity at the Talk a little bit about department highlights of the city departments that were active at the mudslide site on the 14th and have been active dealing with the mudslide since then. Talk a little bit about what's coming next.

I'll have a few recommendations for you at the end of the presentation. And I think you all have copies of it. Thank you. It was assembled pretty late last minute. And I apologize to anyone who's trying to follow along at home by downloading it because it's a huge file. I think it's about 200 megabytes.

Um, After I'm done, I'm going to ask some of our senior staff to come up, and they'll be available to answer questions. And I imagine that there may be many questions from the council. And those senior staff members are Kai Pasquale from Southern Marin Fire, John Rohrabacher, our chief of police, David Brocken, our interim public works director, Willie Whalen, our community development director, and Mike McKinley, our emergency services coordinator.
00:26:11.21 Abbott Chambers Before this presentation, I'm not going to attempt to go into detail on the causes of the mudslide or any geotechnical reasons, causes for this slide. That would be premature. But I think what we do know undoubtedly is that the heavy rainfall that we had in advance of the mudslide was a major contributing factor. And what you're seeing here is an animation showing the atmospheric river that was heading towards the California coast on the morning of February 13.
00:26:38.04 Kirsten Thomas Thank you.
00:26:38.09 Unknown Thank you.
00:26:38.19 Kirsten Thomas Thank you.
00:26:48.18 Abbott Chambers The Sausalito area, according to the National Weather Service, received approximately five inches of rain in the 24 hours before the mudslide.
00:26:48.40 Kirsten Thomas the,
00:27:00.98 Abbott Chambers This is a Google satellite photo, or I got aerial photo of the mudslide area as it looked earlier this year, before the slide, obviously. And just to kind of talk you through the setting, in the lower left corner there, you've got Highway 101.
00:27:12.60 Ray Withy Okay.
00:27:22.63 Abbott Chambers and the hillside descends rather steeply down to Sausalito Boulevard And then the slope continues on down to Crescent Avenue and Main Street, which is the valley of the Hurricane Gulch neighborhood.

The land above Sausalito Boulevard is primarily owned by the National Park Service. The land below Sausalito Boulevard is primarily private property.

This is a Southern Marin Fire Department graphic showing the incident location. It has a lot of detail.

that I'm not going to go into but What I'd like to point out is that down at the bottom of the graphic here, you see the origin of the mudslide on the hillside there above Sausalito Boulevard. The interim public works director, David Brocken, believes that between 3,500 and 4,000 cubic yards of earth came loose from the hillside and in what was likely a very liquid consistency given the the way it flowed down the hillside and the path it took was across Sausalito Boulevard it took with it the duplex at 406 408 Saucelito Boulevard where Susan Gordon was at home it also took with it the carport that was next door at 412 414 Saucelito Boulevard and the debris flow debris pile continued down to the bottom of the slope at Crescent, where it destroyed the home at 57 Crescent which was unoccupied and came to a stop there.

uh...

You'll see there it says victim rescued. That indicates where Susan Gordon was when she was rescued.
00:29:28.55 Kirsten Thomas She was.
00:29:33.47 Abbott Chambers ME.

when she was rescued by fire personnel.
00:29:49.79 Abbott Chambers To further set the scene for the events of February 14th, I have some 911 recordings that I'd like to play. And they're a little upsetting, and these are not the sorts of things that we would play had anyone been killed.

in this event. But I think it gives a good idea of the drama, the chaos, the people not knowing what's happening, and speaks extremely highly to our public safety personnel in their response and the reaction to the incident. So what I'm going to do is start with a recording was the first call that came in to 9-1-1 came from 434 Sausalito Boulevard which was a house to the north of the duplex at 406 408 and the area where the mudslide path came and that will pick up the recording just a little after the call goes through and
00:30:55.79 Joe Burns Excuse me, Abbott, I'm sorry. Can we just interrupt you for a second?
00:30:56.50 Abbott Chambers Yeah.

Thank you.
00:31:09.82 Joe Burns DOING ALL THIS.
00:31:10.44 Ray Withy Thank you.
00:31:53.47 Unknown I do.
00:32:33.36 Susan Cleveland-Knowles Hi, just apologies, we just need one question quickly answered, so we apologize for the interruption, thank you.
00:32:45.97 Susan Cleveland-Knowles in the private community.

It doesn't seem like, it also seems like it could be for people who are here that weren't
00:33:42.33 Unknown Thank you.
00:33:45.79 Unknown Thank you.

Thank you.

you
00:35:04.02 Joe Burns Thank you for that, sorry. As you saw, we had a question on the plane of the tapes and council member Cox brought up a really good point if we should do this.

It is a public record, it is a public right, and there's no legal concern from it.

I would say if anybody doesn't want to hear these and we do play them, you may leave the room. There's nothing that we believe is terrible on them. I would ask the council if we're yay or nay on hearing these at this point.
00:35:38.53 Joan Cox Because we haven't spoken to the people who made the tapes to let them know we're going to play their
00:35:38.58 Joe Burns Because we haven't.
00:35:43.22 Joan Cox tape, I would vote no at this point.
00:35:49.48 Joe Burns Also, I add that the chief of police did turn these over and, in a way, I think might help in a public safety role.

for a future.

Ray, do you have a concern to hear them? I do. Susan?
00:36:04.82 Susan Cleveland-Knowles If staff feels that these are helpful and not going to be upsetting to members of the public who were here and who lived through this in a very direct and immediate way, then I would defer to your judgment.

Amen.
00:36:20.06 Abbott Chambers Well, I think they will capture the urgency of the events, and you will hear a lot of stress in people's voices. But the third recording that...

The third recording that we will hear will be someone who is talking to the dispatch and relaying a conversation that they're having with Susan Gordon. And that was instrumental in her rescue. I think also that the recordings They speak very highly of our residents and their quick reaction and calling 911 multiple times, providing information, and we're invaluable to the efforts of our public safety personnel.
00:37:03.01 Joe Burns We're in.

Thank you. Thank you, Joan, for bringing up. That's a legitimate concern. Well, let's go ahead and proceed with the.
00:37:10.37 Abbott Chambers Okay, with that said, now they probably won't work.
00:37:17.72 Joe Burns Thank you for your patience, folks, while we did that.
00:37:29.77 Abbott Chambers This is the first one and I as I said, it's the first call that came in to 911 dispatch at about 2 56 a.m. From 434 Sausalito Boulevard and we pick up the the recording just a little bit after the beginning of the call
00:37:53.43 Unknown See you.

Okay, and it's what's...
00:37:57.03 Unknown THE END OF
00:37:57.19 Unknown Thank you.
00:37:57.21 Unknown Bye.

think so i was up here I saw a giant wave of water go outside the window, and everything was sinking. There's carline thrown off.
00:38:07.00 Unknown So your house is shaking?
00:38:09.50 Unknown The house was taken. I saw it outside the window. It's from the neighbors.
00:38:15.84 Unknown Is it like covering anybody's house that you can see?
00:38:19.11 Unknown I can't see if he starts and powers out.
00:38:20.99 Unknown you know, I'd have them
00:38:22.37 Unknown I just hear tons of running water outside.
00:38:25.29 Unknown Okay. It feels like gas. Can you safely get out?
00:38:29.78 Unknown Thank you.
00:38:29.80 Unknown Yeah, I think we need to go. It smells like gas. There's no gas outside. Okay, we're getting everybody started, okay?

And can you get out safely?
00:38:38.81 Unknown Thank you.
00:38:38.96 Unknown That was great.
00:38:39.14 Unknown Thank you guys.
00:38:39.40 Unknown Thank you.
00:38:39.47 Unknown And...
00:38:39.53 Unknown THEIR OWN
00:38:41.59 Abbott Chambers Okay, so that was at 434 Sausalito Boulevard. And then a couple minutes later, a call comes in from 430 Sausalito Boulevard, which is closer to the site of the slide
00:38:58.72 Unknown 9-1-1, what's the address of your emergency?
00:38:58.89 Unknown 911. What?

your emergency. 430 what?

430 Sausalito Boulevard. Boulevard. Okay. Hi. Safety here. Mobile caller online. His address is 430 Sausalito Boulevard.
00:39:10.09 Unknown Okay.
00:39:10.21 Unknown Two houses down to the right of them, the whole house collapsed.

The whole house collapsed. You need emergency vehicles out there.
00:39:17.03 Unknown Immediately.
00:39:17.70 Unknown you Thank you.
00:39:17.86 Unknown Okay.

So it looks like we got another call about this. You said it's two houses down from you?
00:39:22.48 Unknown Two houses to the right of my house.
00:39:24.56 Unknown Oh, okay.
00:39:25.77 Unknown Okay, I'm a vaccine, I don't know what's going on.

You might have to evacuate this neighborhood. I don't know. I don't know if the ground is stable enough for me to stay here.
00:39:37.68 Unknown Gotcha. OK.
00:39:37.89 Unknown Okay.
00:39:38.70 Unknown All right, and you're at number 430, correct?
00:39:41.18 Unknown 430 Sausalito Boulevard.
00:39:43.03 Unknown Okay, is it the structure of the house that's gone, or is it the mud around it?
00:39:46.04 Unknown The entire structure, the parking deck on top.

The whole thing went.

Okay.
00:39:52.87 Unknown All right.
00:39:53.43 Unknown you THE END OF It's gone. Those people I am sure are dead.
00:39:58.19 Unknown Bye.
00:39:58.31 Unknown All right.
00:39:58.59 Unknown All right.

Okay, we're going to get the fire department started. Thank you so much. Try to stay safe, okay?
00:40:04.74 Unknown Okay.
00:40:05.17 Unknown All right. Bye-bye.
00:40:06.41 Unknown Thank you. Bye-bye.
00:40:08.67 Abbott Chambers I'm not sure.

you Miraculously, the one resident of 406-408 Sausalito Boulevard was able to be rescued down at the bottom of the slide. And the last clip I'll play is a conversation with the dispatch where they are relaying information that Susan's okay. I should also mention though that the event was not without one fatality, and that is that Peaches, Susan's cat, is still missing and presumed dead.
00:40:50.11 Unknown Okay.

TODAY.

Look at that last stop.

The House.

AND I THINK IT'S A On Crescent.

and there's a woman screaming for help.
00:40:58.43 Unknown Thank you.
00:40:59.14 Unknown Hold on.
00:40:59.97 Unknown Thank you.
00:40:59.98 Unknown you
00:41:00.29 Unknown What, Marilyn?
00:41:00.96 Unknown you
00:41:01.05 Unknown Thank you.
00:41:01.06 Unknown you
00:41:03.70 Unknown I'm sorry, I can't hear you. Can you speak at what?
00:41:07.51 Abbott Chambers You can see the sky?
00:41:08.78 Unknown See you.
00:41:08.86 Unknown you're going to be a
00:41:09.03 Unknown Thank you.
00:41:09.13 Unknown Thank you.
00:41:09.33 Unknown THE END OF THE END OF THE
00:41:09.43 Unknown I don't know.
00:41:09.64 Abbott Chambers Thank you.
00:41:12.00 Unknown Oh, you're trapped. Okay. So I have a woman trapped.

Okay, hold on.
00:41:20.32 Unknown Okay.

And do we know How old she is.

Do you have voice contact with her?
00:41:26.34 Unknown All right.
00:41:26.68 Unknown Yeah, hold on.
00:41:28.03 Unknown How old are you?
00:41:29.63 Unknown I'm not allowed to use this.
00:41:30.86 Unknown 75%.

75.

Is she the only person in the house?

Oh, oh, oh.

You said, are you by yourself or are you with somebody?

by yourself.
00:41:43.98 Unknown and expanding.
00:41:49.75 Unknown Okay.

Hold on one second.

All right, can you ask her if she has any injuries?

Sir, reassure her that help is on the way for me. Are you okay?
00:42:01.07 Unknown Ma'am ma'am, so I'm on the phone right now with 911. They say help is on the way.
00:42:06.54 Unknown Bye.
00:42:06.66 Unknown Fire.
00:42:07.06 Unknown and ambulances are responding.
00:42:09.64 Unknown I'll go back to the camera.
00:42:11.38 Unknown and we're going to help her and get her out.
00:42:19.52 Abbott Chambers Okay, let's move now to a timeline of events on February 14th. I'm starting with the mudslide at 2.55 a.m.

At 2.56 a.m., as we just heard, the first 911 call came in.

At 3.02, police officers and fire personnel started to arrive and began evacuations, road closures, and searching the disaster area for additional victims. That continued through the morning. At 3.10 a.m., Sausalito Incident Commander IC was established in the area of Main Street and Lower Crescent, and a second alarm fire response was requested. At 3.12 a.m., the fire personnel performed a ladder bridge rescue of four adults, a baby and a cat and a dog from the duplex at 412-414 Sausalito Boulevard. That was two different homes.

At 3.30, a shelter for evacuees was opened at Fire Station 1 on Johnson Street. That was later moved to Sausalito City Hall and the Rec Department. At 3.30 a.m., a partial emergency operations center opened at Fire Station 1. Later in the morning, that was moved to the police station.

At 3.45 a.m., the chief of police arrives at incident commands in Hurricane Gulch.

And at 3.54 a.m., firefighters are able to make their way to Susan Gordon and begin efforts to extricate her. It sounds like that took a long time, and it did because of the amount of debris that was down there at the bottom of Crescent Avenue. There were power lines down. It was a very unstable situation, and our public safety personnel needed to make sure that they could get there safely and safely get Susan out.

At 3.54 a.m., crews from PG&E were reported on the scene to start shutting off gas service, and you heard people reporting gas leaks in the area. At 4 a.m., City of Sausalito Public Works staff were on the scene to evaluate damage, to work with utilities, and to assist with road closures.

At 410, Susan was freed from the rubble and transported to Marin General Hospital, where she was later released with minor injuries.

At 5 AM, Mayor Joe Burns and City Manager Adam Pollitzer were on scene at Incident Command at Main and Lower Crescent.

630 a.m. building official Doug Ryder from the Community Development Department was on scene 7 a.m. with sunrise, and important to start having sunlight for search and rescue. And at this time, I think it's a very important thing.

The firefighters were not sure that there weren't other people, other victims in the slide area. So having sunlight aided those rescue efforts. At 9.55 a.m., gas was confirmed shut off at residences in the mudslide area.

At 11, the first responders have the disaster area under control and city manager Adam Pulitzer declares a local emergency.

Also at 11 a.m., our city building officials can now begin assessing structures in the mudslide area for their safety, and they will subsequently red tag six structures as being uninhabitable.

At 3 p.m., a contract soil engineer for the city and city staff conclude that it is safe to allow evacuated residents to return to their homes, with the exception of those red tag structures. At around 3.15 p.m., a press conference is held at Fire Station One with Mayor Joe Burns, the Director of Public Works, David Bracken, and Fire Chief Chris Tubbs. And at 4 p.m., evacuees are told that they can return to their homes.
00:46:34.61 Abbott Chambers And just to give you another sense of the magnitude of the slide area, I have some aerial footage from a drone belonging to the Marin County Sheriff's Aerial Drone Unit. It's about a minute long, and it will start up at the top of the slide area, above Sausalito Boulevard on National Park Service land, and then pivot around and fly down over the slide area and then and leave us with an image of the debris pile at Crescent Avenue.
00:47:25.16 Abbott Chambers And you'll see this is taken at about 1.35 on the afternoon of February 14th. And you see water pouring out, cascading down the slide area.
00:47:39.89 Abbott Chambers I gather that the width of that slide area is thought to be between 50 and 75 feet as we move down it towards Sausalito Boulevard
00:47:53.62 Abbott Chambers Now we're at the top of the screen there seeing Sausalito Boulevard. And in the center of the screen, that is where Susan's house was.

THE END OF THE END OF THE And then you'll notice that the debris flow kind of went around a bend and continued down to Crescent Avenue, and that followed a natural gully.

But the way it flowed and the way you see the flow patterns suggests that it was more of a liquid substance than thick mud, for example. But I am not a geologist.

And these are just a couple of other photos. This is looking up at Sausalito Boulevard and the slide area above Sausalito Boulevard. At the left there, the wood structure is the carport from 406-408 Sausalito Boulevard.

THE FAMILY IS This is down in the debris pile looking up towards 412, 414, Saucydo Boulevard, the duplex up there in the upper left.

This is another drone shot. This is of the debris pile at the bottom of Sausalito Boulevard. And if I'm not mistaken, Susan Gordon was extricated from that rubble. But you can see just what a thick tangle it was and how difficult it must have been for public safety personnel to get in there.

As I'll mention a little bit later, it also presents a huge challenge to clean it up.
00:49:39.11 Abbott Chambers So let me pivot now and talk a little bit about the current status of the mudslide area. We still have road closures on Sausalito Boulevard and on Crescent Avenue in the slide area. The closure on Sausalito Boulevard we may be able to release relatively soon. I can't give an estimate of a particular date, but there appears to be less effort that needs to go into reopening that roadway with Crescent. It's likely to be a while.

There are five remaining red tag structures. Today, the Community Development Department was able to remove the red tag from one of the structures. That is the structure at 428-430 Sausalito Boulevard. The remaining five are the two destroyed structures at 406-408 Sausalito Boulevard and 57 Crescent. then the duplexes at 412 414 and 402 404 and then down at the bottom of the slope on Crescent Avenue number 63 is still red tagged it is a house that has two apartment units this is just a I'm not going to talk you through this but this is a slide showing the community development departments checklist as they are tracking what remaining elements items need to be resolved before the red tag can be removed from a house or a structure And this is just a shot of the duplex at 428, 430 Sausalito Boulevard where the red tag was removed today.

Other things that are going on right now in the aftermath of the mudslide, the city is making a concerted effort to do outreach to affected individuals, and that's primarily coming from the Saucelita Police Department, our Public Works Department, our Community Development Department, and our city manager Adam Pollitzer.

And Adam Pulitzer has also been holding one-on-one meetings with affected individuals to hear and address their concerns. And I just want to say at this point that for anyone who was affected by the mudslide, please do not hesitate to reach out to city staff. We are here to help and we want to be part of the solution for you.

Um, One way of being part of the solution is that you can fill out a claim form against the city of Sausalito for the damages that you suffered in the mudslide. We're also asking people who suffer damages to fill out a claim form against the National Park Service. And we've got links to the forms on the city's website.

In addition, I should say that for anyone who hasn't yet been in touch with their insurance provider, we encourage people to do that right away. In addition, if you believe that your home suffered any damage from the mudslide and you have not been in contact with the City of Sausselet of Building Inspector, please get in touch with Building Inspector Kenneth Henry.

Kind of continuing looking at activities in the aftermath of the slide, In the upper slide area, so this is the slope above Sausalito Boulevard on National Park Service land. To date, in collaboration with the National Park Service, plastic tarping has been placed at the top of the slide area to help protect against any future earth movement. Wattles have also been installed along the rim above the plastic tarp to help channel water away from the mudslide area.

Trees have also been removed within the last few days that may have posed some risk if there was additional earth movement. And the National Park Service last weekend, and I believe early this week, it did some laser mapping of the area, which will help us long-term to understand better what happened and how to stabilize the area in the future.

Last thing I'll just say is that National Park Service, the city of Sausalito, and our public safety officers, our public work staff, we are keeping an eye on that slope. And its stability and the safety of residents is a primary concern of ours.

on Sausalito Boulevard, and this is a photo from today.

You'll see that the roadway has been cleared, actually had been cleared as of the weekend after the slide. But today, the white barriers that you're seeing are called K-Rail, and they've been installed for a couple different reasons.

On one hand, they can catch debris, additional debris that comes down. And then on the downslope area, they'll provide a safety barrier for drivers and pedestrians who are coming through that area when we're able to reopen the roadway Other work that's been going on involves making sure that hillside is draining properly and that runoff is not going down into the lower slide area, but is being channeled down Saw Suda Boulevard.

Moving then to the lower slide area This is a photo of showing that look lower slide area. You just see what a mix it is of personal possessions including Automobiles the trees came down the hillside and ended up there. There's a lot of mud there there is remnants of the structures that were destroyed and initial tests from a blanking on it a industrial hygienist have found that there are hazardous hazardous materials in the debris particularly asbestos from building materials and what that means is that it's going to it's likely going to be a long cleanup process We'll have to involve the right people to do the cleanup, and we'll need to make sure that it is taken to a waste disposal location that can accept material of that sort. The city is making it a very high priority to, as much as we can, separate the private property that's in that debris field and make it available to residents who lost those possessions. And we'll have more to say about that as the cleanup begins.

So I wanted to talk a little bit about highlights from the various departments that were active February 14th and then since then to give them a shout out for the incredible effort that they made and the success of the operation on February 14th. We'll start with Southern Marin Fire. Their operations were primarily on the day of the mudslide. It was a two-alarm response with more than 20 units.

And as I said, there were no fatalities or serious injuries from the event, and that includes fire personnel, no injuries among the fire staff.

And efforts on February 14th included the precipice participation of eight other agencies Including Marin County fire Mill Valley fire Central Marin fire Marin County search and rescue As a Sausalito resident, it's very reassuring to know that there are this many local agencies ready to come to our aid Moving on to the Sausalito Police Department, on the day of the mudslide, police officers arrived on scene approximately five minutes after the initial 911 report. And on February 14th, almost every employee of the Sausalito Police Department was activated.

The Saucedo Police assisted fire personnel in the evacuation of 50 homes in the mudslide area. And during the course of the day, we're responsible for traffic control, setting up roadblocks, working with PG&E to make contact with residents to restore gas service as well.

In the aftermath of the mudslide, the police department has taken a lead in maintaining contact with residents affected by the mudslide, and they have been and are still maintaining a helpline, and anyone who has questions about the mudslide or has been affected by the mudslide is encouraged to call and leave a message. That number is 415-289-4151.
00:58:57.40 Abbott Chambers The police department has also been responsible for all the paperwork, or almost all of it, that we need to fill out to remain eligible for federal and state disaster assistance. A not insignificant task, but a very important one when you think about the cost that the city is bearing in its disaster efforts.

At the Public Works Department on the day of the slide, they were on site at four o'clock in the morning, assisting with traffic control, and later in the day setting up long-term traffic barriers. They took the lead in coordinating with utility companies as well as in establishing the stability of the mudslide site, as I said earlier, in coordination with Miller Pacific Engineering.
00:59:46.39 Abbott Chambers Public Works also on February 14th mobilized Majoran Gelati for debris removal along Saucelida Boulevard And then in the aftermath of the website, Mudslide, excuse me. Public Works has been focusing on clean up and stabilization of the site, on collaborating with the National Park Service and Caltrans on that stabilization.

I'm facilitating the removal of red tags from homes.

Now I'll move on to the community development department.

On the day of the mudslide, the Community Development Department had its building inspectors evaluating structures. They evaluated nine structures for possible red tagging, ultimately red tagging six of them.

In addition, and this hasn't been mentioned yet, there was a mudslide at the north end of town in the area of 330 Ebtide Avenue. It's a property that also has a cottage with an address of 4185 Bridgeway. They red-tagged the cottage after the mudslide, which was later that day, turned to a yellow tag.

In the aftermath of the mudslide, the Community Development Department communicated with owners and tenants about the status of their red tag structures and how to remediate that red tag. And where possible, facilitated police escorted visits to red tag structures so that residents could retrieve their belongings.

Community Development Department also developed recommendations for permit waivers for residents affected by the mudslide. You'll hear a little bit more of that in the recommendation.

And as I mentioned earlier, they lifted the red tag for 428-430 Saucelito Boulevard on Tuesday, February 26th.
01:01:35.55 Abbott Chambers My role in communications as your halftime communications director slash city librarian. It hasn't been doing a whole lot of library work over the last couple weeks, but I've been posting frequent updates to a special page on the city website dedicated to the mudslide. The website is Sausalito.gov. I've been posting special bulletins from Sausalito Currents with weather alerts. Posted one before the mudslide and then subsequently with the storm that we're in the midst of right now. And I've also been putting out regular editions of Sausalito Currents with mudslide updates, one on February 15th and one on February 22nd. Average readership of those special bulletins and regular editions, about 1,500 people.

And lastly, posting to social media, and I've made about 30 social media posts related to the mudslide since February 14th.

So I'm going to start wrapping up, talking a little bit about what's next. For the city, really our top priority in the near term is to continue to get people back in their homes. I guess the second area is equally important to us is obviously making sure that we're maintaining the safety of the mudslide area. We want to maintain our vigilance throughout the rainy season. It's not over yet. And we're asking residents that if you see something, say something. If you notice a small earth movement in your neighborhood, let the city know. If you notice water breaking out from the hillside in a place where you've not seen it before, let us know. If you notice water breaking out from the hillside in a place where it's not you've not seen it before let us know if you notice that a Stream that has previously been running clear it becomes muddy let us know these kinds of things can be warning signs and Don't hesitate to call 9-1-1 if it's something you're worried about The city is going to continue working with the National Park Service and Caltrans on long-term strategies to stabilize the hillside.

We'll be focusing, as I mentioned, on securing state and federal disaster assistance.

and we'll be investigating ways to reduce the risk of future mudslides in Sausalito. And this is complicated by another big risk that we face right now, which is wildfire. And one of the primary ways to reduce the risk of wildfire is by creating defensible space, which generally means cutting down trees and other vegetation. Unfortunately, if you cut down trees and vegetation, on areas where there's a slope you're likely to increase the risk of a mudslide. So these are elements that we'll need to balance as we're coming up with plans for reducing the future risk of mudslides.

As far as my recommendations, I'm asking the Council to accept this presentation.

I'm also asking you to move to waive all permit fees associated with replacement in kind of structures damaged by the mudslide. And this is a somewhat more complicated topic, and I have Community Development Director Lily Whalen here and available to answer questions about that. But the idea is basically that we want to make it easier for people who want to replace their destroyed homes with a home with the identical footprint by waiving the permit fees that they might need to do that.
01:05:16.38 Kirsten Thomas Thank you.
01:05:16.40 Unknown I'm sorry.
01:05:16.45 Kirsten Thomas Thank you.
01:05:23.64 Abbott Chambers And then we're also going to be asking you to provide guidance on whether plan check fees associated with these permits should also be waived.

And now I'd like to ask some other senior staff to come up and be available to answer questions for you. And I'll ask Kai Pasquale from Southern Marin Fire. He was a battalion chief and was the incident commander on the day of the slide on February 14th. John Rohrabacher, our chief of police. David Brocken, our interim director of public works Works, Lily Whalen, our Community Development Director, and Mike McKinley, our Emergency Services Coordinator. And thank you. That concludes my presentation, but I'll remain up front if you have other questions for me.
01:06:10.30 Joe Burns Did you want to say something, Kai?
01:06:11.49 Kai Pasquale Good evening. Thank you. Thanks for having me. I was the initial incident commander on the scene. I would say that really we thought it was a very successful morning in our rescue attempts, but that couldn't have happened without collaboration and coordination with the Sassolito PD and unified command status. Thank you to them for making my job easier.
01:06:11.56 Joe Burns THE END OF
01:06:16.03 Kirsten Thomas Yeah.
01:06:34.07 Joe Burns Great leadership out there that morning. I saw you working in action, and that was needed, and you did it. It was great. Thank you.
01:06:44.67 Joe Burns Any other questions? So we have a staff here that we can ask questions of. I'm going to open it up to public comment. We're going to ask a few and then let the public come up. Again, I will ask that you do our speaker card simply so we can have you recorded. They're over on the table here if you have something you want to say. We'd love to hear from you. We'll ask some questions. You can see how those go as well. Looks like we have, oops, sorry Susan. Good stack. Great, got a few. But first we'll ask some questions.
01:07:13.12 Ray Withy Thank you.
01:07:13.16 Joe Burns Susan? Right.
01:07:13.71 Ray Withy Thank you.
01:07:14.00 Susan Cleveland-Knowles Yeah, I have a question probably for Mr. Bracken, which is sort of, as we talked about at our emergency meeting on Monday, one of our biggest priorities is life safety and the stability of the hillside at this point. And I realize this is a complicated.

question and there's a lot of different players here, but can you give us and the public a sense of where we are in determining how safe that hillside is at this point? And if we can't know that now, kind of what steps will be taken or are being taken to get to that point?
01:07:52.27 David Brocken I'd be happy to. David Bracken, I'm your interim public works director, city engineer, since the beginning of February.

.

And maybe if I could just talk a little bit about my experience with this slide from day one. I arrived there at first light between 6.30 and 7 o'clock.

And, uh, I know I don't need to say this, but I want to say it.

I was thoroughly impressed with the Sausalito Police Department and Fire Department, Southern Marin Fire, what they were doing and the actions they were taking. This is unlike what you heard at open time, but whatever. I'm sure you heard that before, too.

thought.

was seeing the fire department personnel down in that ravine probing into it. My first thought was, are they safe in there?

Uh, And my first order of assessment was to at least visually look at the buildings around there.

to make sure everything again visually looked stable and it did at that time.

Um, That was from the intersection of Crescent and Maine.

And then I went up with one of the council members actually, around to Sausalito Boulevard.

And that was completely covered.

with probably four or five feet of mud trees.

that.

vegetation type of debris, no house debris. All of the slide came from above Sausalito Boulevard.

Uh, And The biggest concern there was the water that was running from the slide area down over.

top of Sausalito Boulevard.

which typically or normally would have come down the hill gone into the gutter of Sausalito Boulevard and run down the road.

But that was feeding this debris area.

And the first thought was to get that cleared so we could get the water out of there, which we did. As Abbott mentioned, we hired Majoran Gelati to come in there.

And they mobilized that day and had that road cleared of the mud and debris by the next day. And we got all of the water flowing down the gutter in Sausalita Boulevard.

And then really the next order of business was further assess those buildings and the structure or integrity slope stability around the buildings.

That took several days. I walked around.

the perimeter of all of the buildings.

And we hired Scott Stevens, Geotechnical Engineers, with Miller Pacific. And he walked that with me.

And determined that they were relatively safe.

But there is one car deck.

that's leaning on the side of the The hill, I don't have a Yeah, it's right next to 402, 404 Sausalito Boulevard, that is still a concern to me.

Um, It's not moving, but it is.

You've probably seen it. It's sitting on the side of the hill.

And, I wouldn't want to let anyone go into that debris area until we make sure that's secure.

removed is what we need to do with that.

I'm not sure.

which is a challenge because questions, who removes it, how it gets removed, that kind of thing, are still out there.

And then, Another aspect of this is to try and figure out if any more mud's going to come down on the South Salita Boulevard.

And, I did want to mention you saw the pictures of the of the plastic, the tarps we put over the edge of that.

Now, that's really not to prevent erosion of that slide area, that's more to prevent try to help prevent chunks of earth coming right from the edge of the slide area.

and falling down.

And I do also want to mention those kind of tarps, you're going to see them get blown around and they're going to take maintenance. We're going to have to go back.

several times to maintain them.

Don't be alarmed if you do see them blowing off in places or anything else.

not going to be too much of a worry.

But now to answer your question directly, yes, I feel that is relatively safe, other than that's hanging there.

And we do want to try to get that removed as fast as possible.

And then Abbott did a real good job of addressing the challenges we have.

the hazardous material in that debris pile down on on Crescent.

is an issue.
01:12:56.61 Unknown you Thank you.
01:12:58.01 David Brocken how we get rid of it.

personal belongings that are or strew it into that.

Um, where it gets taken.

And we really need to remove that debris power before we can go up onto the slope and remove the rest of the debris that's on the slope.

So, Thank you.
01:13:17.71 Unknown Thank you.
01:13:18.48 David Brocken Thank you.

With that, any other questions, I'm happy to answer.

And let me just finish by saying I'd love Sausalito.

And I'm here to help you as much as I can.
01:13:31.46 Joe Burns Thank you, Dave. Great work on that day and since then. Thank you. Beautiful.

you Joe.
01:13:35.80 Joan Cox I had one for Dave and one for the Chief.

um, So I know our emergency declaration requires that you come report to us at each of our meetings every two weeks or so.

Um, I am hoping that once we get this situation more under control, that you'll come back to us to report to us on some of the recommendations of some of our residents regarding geologic mapping and investigating.

challenges that residents believe exist in other neighborhoods.
01:14:08.50 David Brocken I'll be happy to do that. And I've already started doing that. When I drive through this town, I look at every hillside right now, and we'll continue to do that.
01:14:18.69 Joan Cox And related to that, I learned from the city manager yesterday that the police the police department and Southern Maroon Fire Do routine patrols during weather events, I was not aware of that.

Duty. So I'd like to hear more from the chief about what you all do in that regard.
01:14:41.14 Unknown I'm sorry.
01:14:44.97 John Rohrabacher John Moerbacher, Chief of Police, I have a couple of things I'd like to say first before I answer your question.

The first is I'd like to thank Abbott for doing all the work to put the presentation together on behalf of all of us. And he did such a great job. You've seen me touch this thing up here and something would have gone bad if I did it myself.

I'm personally very grateful for Abbott doing that.

Second, I just want to say that Working here is a...

an honor and I really appreciate working alongside so many other dedicated city staff And it really comes out in something like this But speaking of other dedicated people one group that's not really mentioned but you heard them on those recordings And that's the dedicated public safety dispatchers that are working for mint County Sheriff's Communications Center. So we do not have our own dispatch center like many small cities in Marin, and so we contract with the Sheriff's Office.

And so those men and women that you heard on those recordings, they're there to serve us. And you could hear the...

calmness and the confidence in their voice and so it's great to have them on our side.

you So with that, I will take questions. Council Member Cox had a question about our patrols.
01:16:11.84 Joan Cox Yeah, I learned for the first time yesterday that you undertake those patrols. It was very reassuring to me, and I'd just like to have you say a few words about that.
01:16:19.85 John Rohrabacher Sure, so if I could say first we're not alone in doing that.

Prior to any anticipated storm event that Public Works crew members are really doing the lion's share of that during the daytime. Scott, looking for anything that might look like it's gonna block drainage, cut tree limbs, and all that prep work, it really pays off. I'm sure that they could talk about that themselves. But in the time that they're not working, the members of the police department during their patrol time respond to calls about things that have happened and are also out there on their own looking for problems proactively. And so they'll get out and clear drains by hand or put stuff aside for Public Works to come pick up later. If it's big enough that it needs to be cut, the fire department will respond and do some initial cutting and moving of debris and pile it up ready for the Public Works people to pick up. So it's really a large team effort to do that.

And it's just routine. It's just what we do. But we're not alone, and we have lots of help.
01:17:25.08 Joan Cox Thank you.
01:17:27.51 John Rohrabacher Any questions for me? Otherwise, I'll just stand back.
01:17:32.10 Joe Burns For which one? Abbott. Okay. And I have one for Lily. So, and we'll have Abbott close.
01:17:33.43 John Rohrabacher Thank you.
01:17:33.46 Kirsten Thomas Okay.
01:17:37.04 Joe Burns Lily, really quickly. I think we will. Well, I don't know if we all support it, but I support the waiver of fees.

The in kind replacement.

I just want to clarify, it doesn't have to be the exact footprint, because I'm not sure we want to require that footprint to be the guiding placement. Could we change it where it's not necessarily the same footprint, but it's the same size and use, duplex, or within a size category? I mean, I want somebody to make necessary improvements to either the location, the footprint, or anything else needed since that topography's changed.

you
01:18:17.54 Lily Whalen Sure. Thank you, Mr. Mayor, council members. Lily Whalen, your community development director. So we, the council obviously can do as you choose. Our recommendation for the in-kind replacement was modeled after the zoning ordinance requirements for design review permits. So there's a streamlined process for getting through the planning department review process, if there's going to be an in-kind replacement structure.

And in that case, all someone would need to do is apply for a building permit.

Yeah.

same look, same location, same footprint of a building.

Let's take it a step a little bit back.

there are building code requirements that necessitate changes those can be made to the building so if Something's in a setback.

then the building could move out of the setback to comply with building code requirements. And that would be considered a replication or an in-kind replacement. Thank you.

If someone chooses to remodel the structure for a different look, different footprint, larger size, then that would be a remodel and go through the design review permit process.

So that was our basis for the recommendation for the permit fees.
01:19:31.15 Susan Cleveland-Knowles where they're going.

And didn't the staff report say that in that situation we could do kind of a a decrease in the fees for the equivalent of what just the pure replacement would have been?
01:19:44.92 Lily Whalen Sure.

Thank you. We are recommending a credit. So if someone chooses to do a remodel, we would calculate the fees that would be required for an in-kind replacement versus the remodel and the applicant would just pay the difference between the two
01:20:04.21 Joe Burns Thank you.
01:20:04.24 Susan Cleveland-Knowles I have a follow-up.
01:20:05.20 Joe Burns Yes.

Are you done?
01:20:07.70 Susan Cleveland-Knowles So just a follow up question, I think this is a really nice and good idea to not make residents who have gone through this event need to pay for these kinds of permit fees. So I'm wholeheartedly in favor of this, but one question that I had, is it at all likely that these fees would be coming from insurance and therefore not a burden on the resident or is that unlikely? Should we have some kind of a.
01:20:41.62 Mary Wagner Yeah, I think we don't know the answer to that quite yet. The initial indications we've had primarily from renters of some of the properties that were most impacted is that their renters insurance was not covering it. I have not had similar conversations with the property owners. We could, of course, add some kind of inquiry or make a determination of whether or not they have insurance coverage for that. It's something we could work on. I think the fees related to rebuilding structures are probably a little bit down.

The road, I don't know how close people are to actually applying for anything.

So we could certainly bring back more information for you on that before.

or when we get those types of applications.
01:21:27.99 Susan Cleveland-Knowles Yeah, I don't want to make the process overly burdensome or cumbersome on any of the people that are trying to rebuild.

I don't want to take money from those residents, but if it's insurance companies, our city staff is going to spend a lot of time on these. So, but if that can just be one consideration, that would be fine. But overall, I'm wholeheartedly in favor.
01:21:55.18 Ray Withy Right.

This is also for Lily. Could you, for the benefit of Everybody in the audience, but also those listening at home.

why you have highlighted correctly, I believe, the difference between and that we need to consider separately the plan check versus the plan check.

Could you help explain our out-of-pocket and all that sort of stuff? Sure.
01:22:28.42 Lily Whalen Sure. So the recommendation from staff is to consider waivers for two different components. One is permit fees, building permit fees, planning permit fees.

fire and engineering fees. And so that's the straight permit fee, and that's established by the city council by resolution.

The other is to consider if the council would like to waive the plan check fees. So the plan check fees are fees that are paid by the applicant for an outside consultant to review building permit plans and provide comments on those plans. So that's a direct cost to the city when those plans are reviewed. So that plan check fee is normally a cost recovery process where the applicant pays the direct fee.

Thank you.
01:23:18.25 Joe Burns Yeah, and that is our decision when we get to comments.
01:23:20.67 Lily Whalen you
01:23:20.72 Unknown Thank you.
01:23:20.75 Lily Whalen you
01:23:20.84 Unknown That's right.
01:23:21.31 Lily Whalen Thank you.
01:23:23.59 Joe Burns Anything else for Lily Abbott?
01:23:28.30 Joe Burns You didn't run away. Thank for your comment. Susan had a question.
01:23:33.07 Susan Cleveland-Knowles Yeah, thank you for an incredibly, not only for all your hard work over the last couple weeks. And Joan did a fabulous job at our meeting on Monday of thanking everyone or as many people as she could list. So thank you, though, you've really done a great job. So one of the things, this has all been very focused on what the city and the city departments have been doing. But for our benefit and members of the public, are there local organizations that are also working to assist residents and people affected? I know of one GoFundMe, one specific one for an individual. But are there other kind of broader places that people in the community could contribute?

Or other kind of volunteer efforts that we should know about.
01:24:22.48 Abbott Chambers Bye.
01:24:27.07 Abbott Chambers Good question. I'm also aware of a couple of different GoFundMe pages that have been posted to Nextdoor, but I'm not aware of other efforts. But I would be happy to ask around and see what I can find out.
01:24:47.61 Susan Cleveland-Knowles Okay, I mean, I just think there's a fine line between what the city can do and what kind of concerned residents can do to help other residents. And if it's appropriate, maybe the city could make some information on those efforts available for people who want, just so many people I think would like to help.

So.
01:25:13.39 Abbott Chambers Okay, I'll see what we can do.
01:25:13.44 Susan Cleveland-Knowles I'm going to go.
01:25:14.94 Abbott Chambers Yeah.
01:25:16.73 Joe Burns Thank you. Any other questions for anybody? Thank you, Abbott. Stay here. Don't run off. Public comment now. I'm going to open it up to public comments. I have five cards here and some more coming in. If you want to speak, please do fill out a card. I'm going to call two. I have Susan Gordon and Zach Garza. You're on deck.
01:25:21.69 Unknown .

Thank you.
01:25:42.08 Unknown Yeah.
01:26:20.96 Susan Gordon I came to say a lot of things.

But you know, so much of it was answered by that presentation.

And I think one of the most important things is I can see that the city and you who run the city and are part of an election You are really on this.

And I think that's incredible, having gone through what I went through. And I can tell you the police and the fire department, boy, they made me smile when they got me out of that hole.

You know, is when I look at that, I am blown away.

that I lived.

Totally.

It's incredible. I had 3,500 cubic feet of mud following me.

Amazing.

So I just want to encourage everyone in this community to read that report. You can get it online.

I am encouraging everyone in the community to go up there and look at that spot. They might not think you should, but be careful because seeing it is unbelievable.

It's just so much powerful. And I really feel confident that we're going to be able to get this monster of a mountain under control after seeing you guys today. So thank you very much.
01:27:45.55 Joe Burns Thank you, Susan.
01:27:46.67 Ray Withy Yeah.
01:27:50.52 Joe Burns I was excited, I thought I had your autograph, but you printed, but I'll still have to get another one.
01:28:00.98 Unknown Bye.
01:28:08.93 Joe Burns Yes, yes, please do call Susan. Zach and then Jennifer Nix.
01:28:13.57 Zach Garza Hello Council, Mayor Burns. My name is Zach Garza. I was a former resident of 404 Sausalito Boulevard. Our duplex still remains red tagged at the moment.

But I'm not really here to talk so much about what had already happened. I think you guys have done a great job covering with your report, Abbott. It answered a lot of my questions, too, that I had. But really, I just want to shed some light on kind of what we're going through right now and some of the issues that you guys have hit on. And you had just mentioned it.

that um you know if there's residents out there that are willing to help and also you know give up their homes i think you know i want to acknowledge them here in a little bit but most importantly i definitely want to take this opportunity to thank the people in particular who have been helping us out getting out our car um you know letting us go and look at the spot where all this had had occurred but also the first responders and the police department and fire department of Sausalito. You guys did a wonderful job, and I know I've told you already, but this is just another opportunity for me to give my thanks to you. Also, emergency officer Mike McKinley, thank you for being there because we were actually one of the first ones there for him to open the door. And really going down that hill all the way to the fire station while it was windy and rainy and in my really good slippers that I didn't like to wear out in the rain, it was nice to see him right there ready to have it open and ready for us to go in and calm us down. So thank you. And also Dave Bracken for all of your help. i know i've been a nuisance bothering you about all the facts but um i appreciate you letting me you know see everything and giving me all the information but um you know again to get back to you know what i also wanted to say on the short-term housing situation um we have actually had the blessing of jennifer nix and steve leon Leonard to open up their home to us since last Monday. So we've been there for nine days. It's not only been just a place for us just to get, you know,
01:29:46.45 Kirsten Thomas Thank you.
01:29:46.46 Unknown THE FAMILY.
01:30:25.68 Zach Garza a roof over our heads, but it's also been emotionally and powerful into us because you've been able to be our crutch for me and my wife and our little dog Cheddars, who's getting along with your cat very well, surprisingly.

But also I just want everyone to look at, you know, they did this all for free out of the goodness of their hearts. And I think maybe looking into having some type of task force, like you guys were talking about the last meeting, is a great idea. And I feel like with that task force, we can have people like them who can offer their homes, but also in the meantime, look at crisis and flexible housing for people that are in need like myself and Susan and so many others. So just take a look at that again for the future because it's really what drives, you know, people like us in our situation right now. And I think it's going to be great for the future of this place.

Thank you.

Thank you.
01:31:20.66 Joe Burns you're
01:31:24.51 Joe Burns Jennifer, then Melissa Biala, you're on deck.
01:31:27.34 Jennifer Nix Hi. I want to join everyone who's commending the city council and the first responders and all the residents that have come together. I think it really does show that Sausalito does take care of its own. But I also want to share my personal experience in discovering where some gaps in community services exist, and I hope we can all be positive civic agents and seek solutions here. because, you know Because we were tapped and looking for housing for the evacuees as of 7.45 in the morning and we had housing by noon that day.

and we were trying to get answers from the city. And there was just a breakdown in communication. And everybody understands there were a lot of reasons, and it's not This isn't a time for blame or even any attempt at blame. It's just a fact that there was a disconnect between those who needed emergency housing and those who were willing to offer it on the day of the mudslides. And it just shows that we need to reflect on the need for flexible housing with a crisis housing component in that, you know, some kind of protocol for this.

And I hope that in the wake of this emergency, we can come together again as reasonable people and, you know, start.

talking about this without the rancor and the fear and the disinformation on display at a recent City Council meeting.

Let's just talk about how we can do short-term housing and combine it with crisis housing. And let's have a research-based discussion about something that the majority of Sausalitans show in polling. They do support some kind of regulated short-term housing option here.

And a creative and flexible short-term housing policy that incorporates crisis housing is a must for any responsible community as we all head into an uncertain future. And I didn't go looking for this fight. I'm just here to tell you We opened up our, we started opening up our home for free crisis housing and the need just keeps showing up over and over again. We've helped a young girl escape a predator We helped a local UX designer and musician when he was between jobs and laid off
01:33:29.79 Kirsten Thomas and
01:33:31.56 Jennifer Nix We gave shelter to Sonoma fire evacuees. We've brought a lot of creatives together to do collaborative civic engagement residencies. We've helped people recovering from illnesses, and we were ready at a moment's notice for these mudslide evacuees. So I just ask tonight that you just kind of consider that this is valuable work being done in Sausalito, and we are a valuable part of the community,
01:33:50.00 Kirsten Thomas Yes.
01:33:52.87 Jennifer Nix We would like to be part of any task force that you put forth. Thank you.
01:33:57.41 Joe Burns Thank you. Melissa Daniel Boling, you're on deck.
01:34:13.51 Joe Burns Melissa, you do have to get to the microphone just so we can get you on tape.

video. Thanks.
01:34:18.29 Melissa Biala Hi, my name is Melissa Biala and I am here because I'm the other mudslide.

I live at the north end of town, and I did not find the experience of trying to get help and still trying to get help. It hasn't really been an easy thing to do. I had called on the 13th, not on the 14th, when I noticed a slide happening at our property. And I say our property. I'm a tenant there, but it's such a special place. The owners have owned it since the late 1800s. You don't even know it exists. It's the last block of Bridgeway. On the left-hand side, many of you notice an old white garage that's down there. There's a staircase that goes up.

But the history is just amazing.

And, um, Anyway, you are isolated up there. People don't really see you as much. But I did call when I noticed some of the dirt. There's so much greenery, but some dirt being exposed, and I noticed that it looked like things were cracking a little bit. So I had my eye on it. I called Public Works. I knew a lot of water was coming from up above on the road and asked for their help. They said they don't do private property, but they'd send somebody by. I was transferred to emergency services.

fire department by i just got a message from lily as i was sitting here tonight saying that she explored that.

my call for emergency services, but the woman that transfers those calls says she doesn't recall.

getting my request. So I self-evacuated. I thought it was dangerous. And...

And I got in my car with my dog.

and we went across the street.

they said the fire department was coming.

So I just dashed. I was happy about it. Big chunks were now falling down. And I went across the street and parked my car, and it was raining quite hard. And all of a sudden, the whole parking lot was filled with every kind of public works employee or car that you think. So I had a really nice breath of relief and went over to a friend's house knowing it was being taken care of. And I had been updating the landlord and the owner about what was going on. I didn't really get a lot of response anywhere. So I got a little nervous. I woke up at 4 o'clock in the morning.

and went over in my pajamas, turned on the light, walked inside, turned on the light, and the mud was up to the window.

I pretty much grabbed my passport and a couple of paper things, the clothes that I'm wearing except for the donations that people have been so nice to offer me and my dog.

It was pretty tough. We've been sort of forgotten. We signed up for Red Cross. We came down here. We did everything. But I've been kind of out of the loop with all of the help and assistance that you guys can do.

I just kind of wanted to be part of the club so I can find more things out because it's been really hard.
01:37:44.60 Joe Burns Thank you.
01:37:59.97 Melissa Biala you
01:38:06.82 Joe Burns Thank you.

Sorry, Melissa. Daniel. Jim Hurwitz.
01:38:13.14 Daniel Boling Thank you, Mr. Mayor and members of council. My wife, Dana Curtis, and I live at 28 Crescent, just down the hill from this. And I'm sure you're aware that we got an enormous amount of water flow with the broken pipes. And we wondered if there were knowledge yet of whether there was hazardous material that was washing in that water and if there was anything we needed to do.

with all the mud that's around our house to protect ourselves.
01:38:51.63 Joe Burns We'll...
01:38:51.74 Daniel Boling We can find that out or what we should do.
01:38:54.43 Joe Burns Yeah, as far as, I don't have the answer for you, but we'll get you in touch with the people that do. Yeah, we'll get you in touch with people that do. Thank you very much.
01:38:58.09 Daniel Boling and get you in touch with the people.
01:39:02.78 Daniel Boling Thank you very much. I have the answer to that. Thank you. And thank you for all your efforts. This report tonight was so impressive. And it's really great to know that we have the city staff, et cetera, that we have, especially your city attorney.
01:39:04.76 Joe Burns Thank you.
01:39:17.61 Joan Cox And I want to make sure that Mr. Bolling and Ms. Biala both have the helpline that Abbott published earlier tonight.

Did you write that down, Melissa?

It's 415-289-4151.
01:39:35.28 Joe Burns And Daniel, we have your information here. Thank you for that. We'll contact you.
01:39:41.71 Joe Burns Jim and I saw some others filling out cards.

Jim Hurwitz.
01:39:46.57 Jim Hurwitz Yeah, hi. First, I want to thank Southern Marine Fire for evacuating Karn and I and Brian and Sarah and Axel and Rose and all of our pets and getting them out safely. We were really happy to have them there. We also want to thank the Social Leader Police Department and everything they've done so far, especially Lieutenant Gregory, who's been really helpful. Happy to have them there. We also want to thank the Social Leader Police Department and everything they've done so far, especially Lieutenant Gregory, who's been really helpful to everybody, I think, because she has been on top of things for us. And Mr. Chambers, everything he's done for the presentation, but more importantly, the website and the communications that he has done for us. It's been amazingly valuable just to have this information because our cars are all at the bottom of the ravine and a lot of our possessions and we're home. Well, actually, Karin is still homeless to some degree, so we're still looking. And I don't know where City Manager Pellitzer is tonight, and you never explained where he is or why he's not here, but we're gonna see him tomorrow morning. That being said, and I do appreciate everything everyone's done in Public Safety and the City Council and everything,
01:40:41.47 Kirsten Thomas No.
01:41:03.44 Jim Hurwitz No one has talked about Um, The Caltrans is not here, and I haven't heard the word Caltrans yet in this discussion, in the presentation or anything else. I think it was their water, and some people are talking about it may have been their dirt from the excavation of what is now the Robin Williams Tunnel that was down that hill, because that was directly below that area. Is anyone, are they participating in this, are they in this discussion? Is there some culpability that's being discussed there? I don't know if this is a question and answer period or what. And the photos that Mr. Chambers showed also didn't show that where that slide happened, when that slide happened, it revealed a huge pile of sandbags that somebody had put there to allegedly retain that side of the mountain of the hill And many of us are curious as to who put those there. And obviously, it was clearly a hazard because somebody was trying to hold that wall back, that hill back with some sandbags, a makeshift retaining wall.

And you know, whose were they?

who didn't keep them up to speed and up to date and keep them up to code.

And lastly, we really would appreciate, I especially, the tools of my trade are in that pile of rubble at the bottom of the hill in the back of that car somewhere.

and They've been getting rained on and poured on. I'm guessing that they are not recoverable at this point. They are sensitive electronic equipment and things like that.

Even if I can't.

use them anymore. I'm starting to replace them. I'd sure like to be able to get to them as soon as possible. And I know you guys are working on that.

But, And then there's valuable personal family heirlooms that are down there as well that we would like to be able to get to. And we're not hearing any sort of dates or timelines as to when that's going to happen.

So that's what we would like to hear as victims of this event.
01:43:21.12 Joe Burns Thank you, Jim. I'm glad you are meeting with Adam tomorrow, and thank you for bringing to our attention that Adam's not here. We completely missed that, but Adam Pulitzer, our city manager, is not in attendance tonight. He had a personal engagement with his daughter in a family event that they attended. He is going to obviously be watching, if not watching at this point, and we'll be meeting with people as he did this last weekend and tomorrow with you, so thank you.

Charlie...

Strickland-Fan-London?

and, and, and Buscio.
01:43:57.05 Charlie Strickfaden Good evening.

Yeah, sorry Charlie. Charlie Strickfaden with the National Park Service Golden Gate National Recreation Area Public Affairs Thanks. Thank you mayor city council members city staff and members of the community We will continue the partnership and collaboration that we've had since day one appreciate Mr. Chambers shout out and share your goal of mitigating future events and developing strategies for stabilizing the hillside So thank you very much and appreciate being part of the team
01:44:29.24 Joe Burns Thank you for being here tonight. Thank you.
01:44:30.26 Charlie Strickfaden Thank you.
01:44:30.60 Joan Cox Thank you.
01:44:30.75 Charlie Strickfaden Thank you.
01:44:33.50 Joe Burns Ann Buschow, Adam Pilger, you're on deck.
01:44:37.63 Ann Buschow Thank you for letting me speak. I'm actually not a resident of Sausalito. My daughter, Sarah, lives or lived at 48 Crescent.

AND I THINK IT'S A called 911 at 258 and then she called us I'm grateful that she and her infant baby are still alive. They had to leave, unfortunately, so I'm speaking for her.

The concern that I have is that, that we are still hearing about the instability of the hill.

and the toxicity of the debris pile.

And I, as a mother, am not comfortable with having my daughter continue to live in that environment, where I don't know whether this rain is going to bring another mudslide down, and maybe it'll be her house this time.

She's a renter and fortunately she has a safe place to land with us. But I just wonder whether that's been considered.

that the hillside is still not stable, and that debris pile that people are living around is not safe. So I have some concerns about that. I don't know how to get answers to that.
01:45:40.96 Joe Burns Thank you, we did address some of that and we can address it further with you. There's information to the stability that Dave Bracken discussed earlier. You can meet with Dave, call the outline. You should be getting that assistance from our group, so thank you.

Adam and then Melanie Maharshan.
01:46:00.54 Adam Pilger Good evening, Council. Thank you for letting me speak tonight. I'll follow form here and thank the first responders The firemen and the police who were just fantastic in the wake of that very scary disaster. You guys really did a tremendous job. Thank you.

Um, I'd like to just quickly address, I think someone had asked about homeowners insurance for those who were not renters. I own 434 Sausalito Boulevard. My renters were in a similar boat to what you guys had described. They were not able to get any coverage. I called my policy, and not only was I not able to get any relief for them for their hotels, but was told that the mudslides are absolutely not covered. And that was a shocker for me because I'm not, like, insured with the general or something. It's a reputable insurer. Apologies if anyone's insured by the general. They're great. But, yeah, and I think I've spoken with some other homeowners and some neighbors, and I think they're all hearing the same things. So I don't know if that's helpful information to take into account for the permitting also understanding that it's maybe premature right now and we're just trying to get that hillside stabilized obviously everyone's worried and frightened I think about its potential for coming off a little more than it already has I would love to find out whatever details currently exist about plans for the retaining wall, a permanent retaining wall. And frankly, maybe this is beyond the scope. I'm also curious to know why one was built very near up the road in 1982 after that slide on a very similar constriction point it looks a lot like the same setup that we had down the road and I have many questions there. I purchased my place in 2013, and this was not a disclosure item, not that that has anything to do with you guys. But it was very, very surprising that this was you know, never really brought to anyone's attention. I'll echo Jim's sentiment. I think about the sandbags being a curious thing and, uh, As well, I've heard this rumor that there was some soil that was just kind of willy-nilly thrown about the hillside by GGNRA when the tunnel was built. I don't know if there's any truth to that, but I would like to know if GGNRA has a comment.

Thank you.

you And yeah, I think that's about it. Thank you very much for hearing me out.
01:48:46.39 Joe Burns Thank you. Melanie.
01:48:51.77 Melanie Maharshan Right.

you sorry mayor vice mayor Council members, staff, and first responders. I'm Melanie Maharshan, Sausalito resident. And again, I want to commend and thank everybody for your efforts over these last few weeks. At the emergency declaration meeting, I asked if we could put a pause on our short-term rental restrictions and penalties so Sausalitans can help Sausalitans as part of our emergency program, just like my family did in November when we housed a family from Paradise at our second home in Truckee.

Thank you.

This concept of flexible housing is about housing stock that is furnished. The rent includes utilities and it's accessible for timeframes of say a weekend to six or more months. That's what makes it fully turnkey and able to be deployed at a moment's notice in an emergency. And I just want to underscore that At this period of time when we're in an emergency situation, We're talking about making these homes available for free, not for rent. And that's what we did in Truckee. Long-term rental housing stock can't provide this, but a small regulated STR program could. And as a city, we need to keep our options open, not close them down.

Our city has been grappling with this issue for four years, and we've gotten close, and the opposition has been pretty tough for a lot of reasons, but our own city polls and surveys told us that most Sausalitans favor some kind of regulation.

early on Valentine's Day morning.

I was called by a city council member and asked if our short term rental hopefuls might be able to help house people.

Before lunchtime was over, our small group had volunteered free housing for a couple for a family and another family with a pet.

And I have five others who said that they could help in a few days or a week or two once the people they were hosting for a month had left. So even people who had been fined $1,000 for sharing the home that they live in responded and said that they would help.

They might have been afraid of getting fined again, but they want to help like anyone in our community who wants to rally around our neighbors in a time of need.

And I just want to add that the state of California now routinely relies on this type of housing during any crisis. And it not only accommodates evacuees, it accommodates first responders. When we opened our homes in Pacific Grove during the Sobranes Fire in the Carmel and Big Sur area, it was firefighters that came to stay in our licensed tax paying short term rentals. They're able to cook for themselves if they want or need.

Their families can come and visit while they're on two-week shifts. So I'm hoping for us to consider home sharing as part of our emergency response plan so we can just be humane and act as any community would want to for our neighbours. Thank you and namaste.
01:51:47.99 Joe Burns there any other public comment seeing none I'm going to close public comment and bring it up here for some comments from the Council.

We got one more public comment.

I'm going to open up public comment.

This guy looks from
01:52:01.02 Mike McNair I'm not sure.

My name is Mike McNair and I represent Lydia McNair. She's the owner of the property at 57 Crescent that was at the bottom of the slide and was completely destroyed. She also is the owner of two adjacent lots, one slightly above and one on the side farther down Crescent, but adjacent to 57 Crescent. I just want to thank everybody like everybody else did. They did a tremendous job.

I really appreciate the way the city is taking care of this matter and obviously it's going to be a long long run here one thing I do want to mention is Thank you.

At the morning when we heard about this slide, I didn't really think it was appropriate for me to come down here. I live in San Rafael. I didn't really want to come and get involved when we had an unstable hillside and I figured there was enough going on. It was hard to find out what address this happened on. We knew it affected Crescent, but basically the only addresses we heard were the 400 block of Sausalito from the news media.

Um, Later that day, when I was able to actually see some pictures, of course, nothing looked like it did before the slide, so it was difficult to say is that which house was destroyed, but I was able to kind of recognize some of the trees that were across the street and a couple things, and I was able to call Southern Marine Fire, and they were able to confirm the address was 57 Crescent, where the house was destroyed. But one thing I just wanted to suggest, I don't know if this could be implemented, but luckily this was a rental home. Luckily, nobody, there was no renter at the time, so that was very fortunate. And thank God that Susan Gordon wasn't hurt. The bottom line, though, is I think there might we might look at putting something into place where you're able to contact residents or owners of these places because I, didn't think it had anything to do with 57 Crescent so I wasn't super concerned in the morning but all I want to do is save the Southern Marin Fire and other responders from having to search through looking for somebody we could have easily told them that there was nobody in the home I'm assuming that they found out maybe by talking to neighbors that nobody was living there but to confirm it maybe we could have some kind of system where they could at least get a hold of people that are in affected area during an emergency I'm sure if it's a large-scale emergency it be a little tougher but in this case if they could have got a hold of us in some way, we could have explained to him that the place was vacant. So that's just one thing that I would add. But other than that, thank you very much. Thank you to everybody who helped out.
01:55:07.63 Joe Burns Thanks, Moose.

why I call them moose.
01:55:15.25 Joe Burns All right, Abbott, thank you. Public comment is now closed, as is all comment, and we'll bring it back up here.
01:55:23.35 John Rohrabacher THE END OF THE END OF THE
01:55:26.09 Joan Cox I have nothing to add. Abbott, you did an amazing job with the report. I'm in favor of all of your recommendations to accept the presentation, waive the permit fees, waive the plan check fees. I would like to pay attention to some of the recommendations that we heard tonight.

to bring back and consider at future meetings.

But thank you to everyone for your comments.

I mentioned that I did talk to the city manager, and I'm sure the mayor has as well, about a task force. That's something for a little further down the road, that's not something we're doing right away. So those of you who have expressed interest in the task force, thank you of course. And we'll keep track of your names as we get ready to start along that course.
01:56:12.46 Susan Cleveland-Knowles Thank you.

Great, I guess I would like to just add my thanks to all the thanks that have been given to the people who did call 911 originally and all of the local folks who helped out their neighbors. It's not, of course our first responders have been amazing and our city staff has been amazing, but It really is about the community and knowing the people who live around you.

Um, because if this were not, um, as kind of contained an event as it was, um, You know, the first responders can't be anywhere. It can't be everywhere. So I just think it's great that people called and were on it right away and out there and helping. So thank you to those folks. And...

The only other comment I have is kind of following up on what Council Member Cox said. A lot of people have mentioned in a very, I think, polite and gentle way things that we might have done better. And I think part of the role of a task force and city staff should be, once we have all of our immediate issues addressed, is to do kind of an after action.

about what we can do better moving forward. So thank you to people who have constructive suggestions and keep them coming.

you know, because we can always improve. And I think that should be a main focus once we've kind of addressed our immediate needs. So thank you.
01:57:47.89 Ray Withy Yeah, thank you for everybody that's here and coming to, came here tonight. And Abbott, thank you very much. That was a first rate comprehensive presentation, thank you. I would also echo what the vice mayor has said that At the right time, it's going to be really important to...

continually be asking what lessons we've learned, did we miss anything, what do we need to understand? What is the long term any further risk to us on our hillsides and that needs to be examined. I'm not going to go through and thank everybody again.

I would just say that first of all, obviously those who were directly involved is a little overwhelming. But just to actually read the stuff, it's a little overwhelming. The other day I sat down and spent a long time actually going through the transcripts of all of the emergency communications for the first three hours of this. It is a remarkable reading. It is absolutely remarkable reading.

What was put in place in two hours of complete chaos, potentially, is unbelievable for a small town.

incredible actually.

To have an emergency operation center up and running within 35 minutes is remarkable.

I've read similar audio transcripts from some of the tragic fire incidents up north, and it's very different reading. Admittedly, much more tragic in the lives lost and so on. But again, the fact that we can get an EOC up and run in 35 minutes is an incredible achievement, and everybody should be very proud who did that.
02:00:23.88 Joe Burns Yeah, I'm even further blown away by the commitment by our staff, but then by our council. And for a council member to be reading transcripts...

It's Ray, but it's also the concern and the care that he has and that I think Jill and Susan and Joan, and I like using first names in a situation like this, have all demonstrated in this. So thank you to you guys as well. This has been something that's tested us in a lot of ways, and in so many ways we passed.
02:00:36.76 Abbott Chambers Thank you.
02:00:58.64 Joe Burns And we get to talk about this in a learning manner. I just want to make sure that we go through protocol, procedure, and process steps. For a kid who played with Tonka trucks in the backyard, I love getting to figure out all this stuff and how it works. And I want to engineer the heck out of this hill without absolutely no experience whatsoever.

But I have to hold that back. Professionals have a very strong path here that they're going. So let's not let some of our curiosities and rumors get ahead of us. There's a path, there's a process, and first and foremost, it's safety. So what Abbott said earlier about if you see some stuff, let us know. What we've talked about prior, and I see Brian here, go bags, things like that. Do that part. Let's just focus on that. Let's make sure if anything else happens again, we can talk about the successes. But we know that we came together as a community, that we had great communication, and we had great agency relief and help in our supporting agencies outside of this town. So a lot of success, and thank you all. And thank you to the victims that were here tonight that have had to go through this. We're with you and we'll continue to have these meetings as long as you want to.

until we get this thing figured out. So thank you. Thank you, Abbott. Great job.
02:02:17.53 Joan Cox So, I will move.

To waive all permit fees associated with replacement in kind of structures damaged by the mudslide. I will further move to waive all permit fees, sorry, to waive all plan check fees associated with replacement in kind of structures damaged by the mudslide.
02:02:43.69 Susan Cleveland-Knowles Thank you.
02:02:45.11 Joe Burns All in favor? Aye. Aye. Thank you, Joan, for that.
02:02:46.27 Joan Cox Thank you.
02:02:46.32 Susan Cleveland-Knowles Aye.
02:02:49.75 Joe Burns That concludes 7A.

We're going to go to 7B. Thank you, Abbott.

7B really quickly, 7B is our Mayor's Blue Ribbon Task Force on Housing and I'm calling it- I'm calling it the mayors because it's Mayor Joan Cox from last year. So we're going to do that in just one minute. Please get prepared.
02:03:08.02 Susan Cleveland-Knowles Keep prepared.

through the whole thing. That's why. Well, why don't you just do them? We're just passing through.
02:03:11.96 Joan Cox What are the...

We're just passing just, we'll know, but Melissa and everybody's here. So I'm listening.
02:03:16.92 Susan Cleveland-Knowles Thank you.
02:03:20.63 Joan Cox Guys, I'm gonna make this short. I just want us to refer it to the legislative...
02:03:25.56 Crystal Gift I know.

you I'm happy with you.

What is it?

Thank you.

Yeah.

Yeah.
02:03:32.36 Joan Cox Thank you.
02:03:32.46 Crystal Gift Thank you.
02:03:32.48 Adam Pilger Thank you.
02:03:32.54 Joan Cox Thank you.
02:03:32.97 Adam Pilger Thank you.
02:03:33.66 Joan Cox Thank you.
02:03:33.77 Adam Pilger Thank you.
02:03:33.81 Joan Cox THE END OF THE END OF THE
02:03:34.42 Crystal Gift you Thank you.
02:03:34.82 Adam Pilger So my history is awesome.
02:03:42.25 Joe Burns Excuse me folks, I love that we're having discussion but we have a long meeting ahead of us so if you could.

flow on out or stay on in and listen to the next item, but we need to get moving.
02:04:02.56 Joe Burns Kelvin.

We are going to do the task force really quick.

I know.

People, I need you to move on out.

You don't have to go home, but you can't stay in here.
02:04:35.25 Joe Burns All the way out so we can start our next item.

Ha ha ha.
02:04:39.49 Unknown Bye.

Thank you.

Okay.

Thank you.
02:04:44.41 Joe Burns We're going to hear on 7B, the Mayor's Blue Ribbon Task Force on Housing.
02:04:53.63 Joe Burns So, And then we're going to move to our public hearing item on the appeal.

To get it moving, thank you.
02:05:10.18 Charlie Strickfaden Thank you.

Thank you.
02:05:15.60 Joe Burns Keep it moving, Moose.
02:05:17.52 Charlie Strickfaden Oh.
02:05:21.03 Joe Burns He's a great softball coach. Okay, right there.

Softball? Yeah. He runs all the big programs in the county.

All right, now we get to 7B.

When I say mayor, I mean Mayor Joan Cox.

This Blue Ribbon Task Force together last year on housing. It has a committee that comprised of both Mayor Joan Cox and Vice Mayor Susan Cleveland Knowles as well as some others in the audience here that they'll introduce. This is going to be really quick because we do want to get to the public hearing, but very important stuff so please pay attention.

John.
02:05:58.82 Joan Cox All right.

Before I go into the presentation, I want to thank and acknowledge the hours and hours and hours of time spent by this committee on this project. So you guys heard me last meeting and this meeting ramble on about various committee meetings that I've attended. I didn't even mention these committee meetings, which were typically two hours apiece, held on Sundays in my home. And I cannot even tell you how many weekends from August until the present. So, and not only did we meet on those weekends, but then committee members went off and met amongst themselves to work on various sections of this document. And so the amount of effort and intellect that went into crafting this sort of blue sky approach to identifying ideas was inspiring to me. And I'm very grateful for everyone who's on my committee. So the members of the committee, as the mayor mentioned, were Vice Mayor Susan Cleveland-Knowles, myself, local architect Michael Rex, Sustainability Commission member Melissa, Blalstein raise your hand in case people don't already know who you are, and resident Andrew Sullivan. Who by the way was referred to me by my good buddy Stafford Keegan who used to sit next to me on the planning commission. So thank you all so much for your efforts. I could not have put this all together without you. In fact, I would not have finished it without you. You guys had to prod me to cross the finish line. So thank you very much for that.

Okay, so the purpose of the task force was to It started out as being twofold. One was to identify ways to make our design review standards more objective, less subjective, so that an applicant at the outset of the application process would have a better idea whether their application would be approved or not. And also to make our approval process less subject to legal challenge. But we no sooner started meeting than another important goal arose and that was in the face of all of the 15 housing bills that were introduced last year. And so I asked the committee to help come up with some low impact housing strategies for Sausalito that would enable us to push back against suggestions that we increase our building heights to four to eight stories. And instead, enable us to identify some low impact infill strategies to allow us to do our fair share of providing a mix of housing of low, very low and moderate income housing. But at the same time, preserve our jewel and preserve those things that keep our town so special.

And so the task force ended up with six topics, two of which I've already mentioned. Another thing we thought was important was to enhance Sausalito's ability to subsidize affordable housing. And then through our process, we were of course living with the zoning ordinance day by day. And so we identified some additional improvements that we thought could be made to the zoning ordinance. And we identified some process issues that we think could help the entire planning commission and plan review process. All right, so I'm going to quickly go through our recommendations.

By the way, these are recommendations not for approval or even consideration tonight. These are recommendations for referral. So most of these we would like the city council to refer to the legislative committee to take a first look and then bring back to the city council.

One of the recommendations we'd like to have the city council refer to the general plan advisory committee.

So the first recommendation, the city council has already taken some action on. And that's to increase our stock of low impact affordable housing.

by amending our existing ADU ordinance, creating a new JADU ordinance. We've already started both of those. We'd also like to consider expanding the zones where housing and ADUs may be built.

And even incentivize housing above retail or commercial perhaps. And then we want to consider other opportunities to create housing space like allowing tandem parking. So that ADUs, for example, could meet the parking requirement through tandem parking, still off street and creating less of an impact on town. So that's recommendation number one.

Number two, enhance the city's ability to subsidize affordable housing. Again, we already have an inclusionary ordinance underway.

We'd like to consider a housing impact fee on buildings that are over a certain threshold construction cost or on buildings that seek additional square footage. With those fees, we can create a housing fund. We could use that housing fund, for example, to expand workforce housing to allow some of our employees to actually live here in town.

and to support transitional housing. And transitional housing It goes from everything from It could even be anchor outs going into live aboards, so transitional housing is a wide range of Figuring out housing affordability. All right, number three.

Promote housing.

So this is the recommendation we'd like to refer to the GPAC.

Um, This is the recommendation that is goes way out on a limb, I want to say, because Not everyone on the committee agrees with every recommendation, but I thought it was important to present every recommendation for consideration. Some of them may be non-starters, but we're in a housing crisis. We're being asked to go from being a suburban town to an urban town. Rather than that, I'd like to consider as many alternatives as we can. So I'm not going to go through all of these.

There are two slides, you can go to the next one, Serge.

So, you know, we're, It was a wide range of Options including expanding boundaries of multi-unit zoning districts. Identifying publicly owned sites where we could put housing.

considering housing in some area of the marineship or considering some sort of workforce housing or other housing arrangements for people that work in the Marinship.

Recommendation number four, this was how we started. And that was to revise our design review and heightened design review standards to clarify them and make them more objective. So right now, normal projects have to go through design review. If your entitlements seek more than 80% of the possible floor area ratio or building coverage, then you're subject to heightened review. And you have to meet an additional layer of criteria in order to gain approval. And so thanks to local architect Michael Rex who went through and wordsmithed both of those sets of findings to make them more objective. Additional wordsmithing is probably necessary, but he really made a great effort at pointing out some areas where they can be improved.

Recommendation number five, update and clarify the plan review process. So we had some recommendations. We have a brand new community development director who's doing an amazing job. So some of these probably don't even need to be mentioned, but nevertheless, these are things that the committee came up with. And some of them are financially constrained. For example, we need to finalize the city's historic resources inventory. We don't have the budget to do that. So right now, each applicant bears that burden of ascertaining whether their property is a historic resource. But these are ideas to clarify and update the plan review process. Again, there are two slides with these. One of the things is we want to make sure that our planning commissioners are well trained. Not only to understand their obligation in reviewing projects, which is to apply the zoning code and not necessarily whether they want a particular shop in a particular place. And the other is to train them about Sausalito's specific zoning ordinance, which has some peculiarities when compared to others. So we think the training would be useful, particularly as some of the more seasoned members of the planning commission have joined the city council.

Okay, and the last one is to tailor our approval process to Sausalito's specific needs. Again, these are things specific to our zoning ordinance.

that have to do with refining our definition of substantial Demolition, our calculation of floor area, clarify when a side yard projection is allowed. All of this, it probably makes no sense to most people, but these are things that project applicants grapple with.

when they build their dream home here in Sausalito. So thank you for listening. Next steps, we ask that you forward these ideas to the appropriate committees and ask them to return to the City Council for recommended action to implement.
02:16:16.90 Joe Burns Thank you, Joan. Susan, did you have anything to add?
02:16:22.31 Susan Cleveland-Knowles No, I just want to thank Michael, Melissa, and Andrew, and Joan for convening this task force. It was really an interesting process. I learned a lot, and I do agree.

with Council Member Cox that the more proactive that we can be about providing housing opportunities in our community and being creative.

about doing so and the more that we can focus not only on the upper income levels, but our workforce housing and affordable housing, I think the better off we will be in making a good argument to the state, that we can meet our fair share of housing without significant intervention. So I think it was a really interesting process and I hope that the rest of the city council will agree to move some of these recommendations, or all of them today forward and hopefully in the future adopt some of them. Thank you.
02:17:19.64 Joe Burns Thank you. I know I have no questions, Ray. Okay, so no council questions. I'm going to open up to public comment. Any public comment on this item?

which is the Mayor's Blue Ribbon Task Force. Any public comment? Seeing none. Closing public comment. Bringing it back up here.
02:17:33.58 Unknown That's a world record.
02:17:36.12 Joe Burns You don't have a chance. For a comment.

comment.

Thank you.
02:17:45.02 Ray Withy So I would also like to thank the members of this task force. There's a lot of recommendations here. There's a lot of stuff. It's very meaty, so that's good. But that's also the problem. I know what's on the city council's.

Uh.

going to do over the next year or two, it's in our strategic plan.
02:18:06.58 Kirsten Thomas Thanks.
02:18:09.50 Ray Withy None of this is in our strategic plan.

So, I mean, I think one of the important, I fully agree we pass it on to committees, in particular the GPAC, I think is important here to digest this. But when you recognize we're not working on our housing element, We've got There's tons of stuff to modify in the zone inordinates based on all the things that we've discovered over the last decade.

and We've got, so I'd really like to hear when you start moving into the budget process and we reexamine the strategic plan, how any of this fits in. I think that's going to be important for staff to give us input as to how this is realistically going to get programmed in. So, but I think this is great. I agree with lots of the recommendations. I've got a bit queasy about some of the others, but I think that's the whole point. We're supposed to have this discussion, so thank you very much for doing this, all of you.
02:19:17.34 Joe Burns Yes, thank you both, and all of you. There's two really recommended placements, right? GPAC and legislative committee. Would you like the agenda setting, which also involves the vice mayor who sits on this, to divide this up into those two groups at agenda setting? Can we do that? That's fine, yeah.
02:19:36.61 Joan Cox That's fine.
02:19:38.50 Joe Burns Great. So we'll take that as the action for tonight.
02:19:39.41 Joan Cox Okay.

the GPAC sooner than later, because we're in the middle of looking at things.
02:19:43.68 Joe Burns Yes.
02:19:48.00 Joan Cox relevant to the recommendations now.

So.
02:19:51.68 Joe Burns And we're not sure some type of full presentation of the GPAC on the full document isn't warranted,
02:19:55.87 Joan Cox No, just recommendation three, I think.
02:19:59.36 Susan Cleveland-Knowles Yeah, I think we can do the recommendation to the GPAC tonight, and then on agenda setting, it's more just sort of as... Parsing it out. Ray said how much time and...

resources we have to digest the rest.
02:20:12.42 Dennis Webb Agreed.
02:20:13.23 Susan Cleveland-Knowles So, but if we can agree on number three, you know, again, recognizing that it's a big bucket with a lot of blue sky ideas as Council Member Cox said, then.
02:20:21.77 Joe Burns Thank you.
02:20:24.15 Susan Cleveland-Knowles Thank you.
02:20:24.17 Joe Burns But that's perfect for the G pack then.
02:20:24.20 Susan Cleveland-Knowles But that's perfect.
02:20:27.64 Joe Burns in the visionary stage. It's perfect. So we'll agree with that. Good.
02:20:31.86 Joan Cox you Okay, do we need a motion or just direction?

Got it, okay. Thanks everybody.
02:20:35.98 Joe Burns Okay.

Thank you.
02:20:37.08 Dennis Webb Thank you.
02:20:37.19 Joe Burns THE FAMILY.
02:20:37.28 Dennis Webb both.
02:20:37.53 Joe Burns Thank you.
02:20:37.55 Dennis Webb Thank you.
02:20:37.60 Joe Burns Thank you.
02:20:37.61 Dennis Webb Bye.
02:20:37.68 Joe Burns Yeah.
02:20:37.70 Dennis Webb Yeah.
02:20:37.73 Joe Burns Thank you.
02:20:37.99 Dennis Webb you
02:20:38.04 Joan Cox And thanks, Melissa and Andrew and Michael and Susan.
02:20:38.05 Dennis Webb And thanks Melissa and Andrew
02:20:44.40 Joe Burns The guys look anti-climatic, that was a great thing. We got it done. We're moving along. Lily's got a whole bunch more stuff on her plate now.

Um, We are now going to move to Our public hearing item.

We're just a little bit behind schedule, but not bad considering all we've had tonight. This is the item to hear an appeal of the Planning Commission decision to approving of design, review permit, nonconformity permit, and encroachment agreement at 416 Napa Street. Calvin Chan, the senior planner, is going to give this presentation. We're first going to do our ex parte communications. We'll have the staff presentation.

City Council will ask questions, then the appellate will have ten minutes to present. We'll have public comment.

Then the.

applicant will have a 5 minute rebuttal and then we'll have our discussion so first up ex parte communications, I'll start with you, Joe.
02:21:42.31 Joan Cox Sure, I spent an hour at the site this afternoon meeting with Matt Smith and Michael Rex first and then with their neighbor Mark Rushford and his father.

And obviously walking the site in the pouring rain.
02:22:02.92 Susan Cleveland-Knowles I have also met with the applicant and his architect at the site. I met with Mr. Rushford at his home. I met with Anonymous at her home. And I also met Mr. Rushford's uphill neighbor, Mr. Haitani, when I was at Mr. Rushford's house that he is part of a three unit condominium on that lot at 420 and talked to all of them and looked at the project from all perspectives.
02:22:28.05 Unknown And.
02:22:36.33 Ray Withy Yeah, I visited the property today, met with one of the owners of 416 along with Michael Rex, their architect.

I, um, somewhat unannounced, just showed up at 420.

and uh, Got to look at the property and the subject property from inside of...

That residence, so thank you. I also walked up the steps to the top to 418, knocked on the door, there was nobody there. Again, I was unannounced, I just showed up. But I did get a chance to look at the roof line from that upper level. So I did a thorough examination of the site.
02:23:29.37 Joe Burns Thank you. I have known Mark Rushford over the years as a work colleague in real estate as well as a friend. And at some point, and I can't remember the date, but it was in between the September and November hearings.

He contacted me and said, hey, I'm kind of going through this and I have some questions. I went over to his house and We looked at the property a little bit and frankly I said, first I don't even know what the whole thing is and the planning commission does that. We don't see it on council until it's an appeal and if we get to an appeal we don't want to be talking about it anyway. So we had managed the next many months of existence in our profession to avoid conversations on the project. Until this last week when, actually this weekend when I made contact to visit the property again, after visiting with Matt and the applicant Matt Smith and Michael Rex at the 416 property. I did go back to 420 to look at it again, so.

Thanks. Slepping up to you. Anything else?

Oh.
02:24:34.07 Susan Cleveland-Knowles I also just wanted to note for the record, we used to do this at the Planning Commission. I did watch all five Planning Commission hearings and listen to all of them in addition to reviewing the record.
02:24:46.84 Joan Cox Same, and I will say that I did meet Mark Rushford years ago as a planning commissioner.

In connection with another project, but I've seen him in passing on the street once or twice since then, and that's it.
02:25:01.05 Ray Withy I too have sat through all of the planning commission videos and in one case audio.

It's actually very helpful to do that.
02:25:12.59 Joe Burns Thank you.

I have as well.

All right, Calvin.

Take it away.
02:25:19.85 Calvin (Staff Planner) Thank you.

Thank you, Mayor Burns, members of the council, city staff, and members of our community watching and in attendance this evening. The project that you have before you is an appeal of a Planning Commission decision for a project approval.

I'm going to go through some of the background and overview for this project and then dive into the points of the appeal. I won't go over every single point of the appeal, but highlight some of them as you have all the documents in your staff report.
02:25:49.50 Calvin (Staff Planner) To begin, this project that was approved by the Planning Commission in December of 2018 was for a design review permit. This was for the remodel and construction of a two-story western addition. That's on the left side of your screen here. In addition to the north or the rear of the property and a covered deck to the south or the front of the property. And this would be for the existing single-family residents at 416 Napa. I'd like to note that the project is subject to heightened design review, which Councilmember Cox just elaborated on in her points for the Blue Ribbon Committee, and I'll talk about that some more a little bit down in my presentation. The project also requests a nonconformity permit for the rebuilding of a single-car garage that was taken out in its current fashion. It is just a parking pad.
02:25:54.58 Kirsten Thomas you
02:25:54.76 Unknown Thank you.
02:25:54.83 Kirsten Thomas Thank you.
02:26:37.41 Calvin (Staff Planner) An encroachment agreement was requested and approved for garage, driveway, utilities, walls, landscaping, stairs, and other improvements that are located past the front property line and extending into the Napa Street public right of way.

In terms of environmental review for the project for the California Environmental Quality Act, or CEQA, the project has been determined to be categorically exempt under Section 15303E, which allows for new construction or conversion of small structures to be exempt from further environmental review.
02:27:13.79 Calvin (Staff Planner) The appellant is Mark Rushford, who is the westerly adjacent property owner at 420 Napa Street. The applicant is Michael Rex Architects, who represents property owners Matt Smith and Kirsten Thomas.

The parcel data is as follows. The parcel is 3,900 square feet in size. It is located within our multiple family residential, our R3 zoning district. It is also located within the general plan's high-density residential land use designation.
02:27:27.81 Kirsten Thomas Small ones?
02:27:46.71 Calvin (Staff Planner) There have been a total of five public hearings that the Planning Commission has conducted for this project at 416 Napa. The very first hearing on July 25 was continued with no staff presentation of the project because there was some additional work that needed to be done to complete the story polls and have them certified in accordance with our requirements. On September 5, that was the very first formal project presentation with a complete staff presentation to the Planning Commission.
02:28:19.96 Calvin (Staff Planner) So in advance of the Planning Commission's ultimate December 5 approval of the project, I'd like to highlight the remaining three public hearings, and I'll talk about those now.

The October 17th public hearing was a presentation to the Planning Commission of a revised project. So between October 17th and September 5th, the project team did make some revisions. And I'll talk about those revisions in just a moment. These revisions were substantial and included in part a pulled back Western edition.
02:28:41.67 Kirsten Thomas Team.
02:28:52.19 Calvin (Staff Planner) The applicant did request for the Planning Commission to take a vote on October 17th, as opposed to requesting a continuance of the item.

Ultimately, the Planning Commission on October 17th directed in a 3-2 vote for city staff to return to them with a draft resolution for denial for consideration. The findings that could not be made were findings number 7 with regards to light and air and finding number 17, which talks about crowding.
02:29:18.63 Kirsten Thomas .
02:29:18.67 Unknown Thank you.
02:29:18.68 Kirsten Thomas about it.
02:29:21.75 Calvin (Staff Planner) It is important to note that the PC action was not a denial of the project, but rather a direction for staff to return with a draft reso for consideration at a future hearing.
02:29:38.58 Calvin (Staff Planner) Right after the October meeting on October 31st, the applicant did submit a formal request for project reconsideration by the Planning Commission, citing some documented intent to revise the project. At the following hearing on November 7th, the applicant did provide additional project clarification regarding the site and design constraints, as well as providing new information and graphics. And you have some snippets of this on your screen.

Particularly, there was a lot of discussion regarding the central question of why can't the project build the addition elsewhere, and the applicant did provide some additional graphics and new project information to clarify the site and design constraints that are applicable to 416 NAPA.
02:30:11.96 Unknown Thank you.

Thank you.
02:30:13.58 Morgan (Public Commenter) Thank you.
02:30:27.89 Calvin (Staff Planner) The Planning Commission, in review of this new evidence and consideration of the entire totality of the record, did not adopt the resolution of denial that was drafted and continued the hearing so that the applicant could come back to the Planning Commission with a revised project that could meet all the required findings for project approval.
02:30:50.53 Calvin (Staff Planner) On December 5 of 2018, the Planning Commission ultimately decided in a vote of 4 to 1 to approve the project. And this was done in light of the entire record and consideration of all the site and design constraints, as well as opportunities and a further clarified project from the applicant. This, of course, was also taking into consideration of the prior design changes that were taken in the first four public hearings, as well as the clarified information provided in the November hearing.
02:31:27.40 Calvin (Staff Planner) Stepping back to kind of the very beginning of this project, as you'll note, when you visited the site, the site is currently under construction. What is being constructed right now is the phase one of this project. So phase one was approved by the community development director under an admin design review, and this was approved in March of 2018. The trigger for the admin design review was for construction of multiple retaining walls. The overall scope of the phase one was for a re-bottle of the lower level to a conditioned or habitable space, the creation of a new concrete patio and retaining walls on the west side of the property where the western addition is proposed.

The scope of work that was covered and approved under Phase 1, the admin design review, it was part of, as you now know, part of this larger scope of project for Phase 1 and Phase 2. The elements of Phase 1 were eligible for admin design review, and none of the scope of work triggered design review by the Planning Commission. The project team did elect to bifurcate their project in this manner to streamline construction. So they received their admin design review, effectuated that permit, and then subsequently applied for phase two. Phase two is the part of the project that went to the Planning Commission for review.
02:32:32.88 Unknown you
02:32:51.91 Calvin (Staff Planner) The project under phase two remodels the site and comes out to four bedrooms and four bathrooms with a total counter floor area of 2,068 square feet. The primary component of this project is the two-story Western addition, which staff would note is stepped back and lower than the existing form. So that's the existing form prior to any construction at the site.
02:33:21.33 Calvin (Staff Planner) In your staff report, in pages 61 to 66, you have a listing of the numerous different revisions that were taken by the project team over the course of this project's review. I'm just going to highlight some of the revisions that were presented on October 17th and December 5th. On October 17th, there were efforts made to reduce the building mass, to increase the separation between the homes between 416 and 420, to enhance privacy between the two properties, to preserve views, to mitigate nighttime light glare, so this would be mainly about the skylights, and modification of the exterior colors and treatment, and promotion of safety, and this was regarding the garage design that was formally proposed.

On December 5, additional project revisions were presented to the Planning Commission. This involved the smaller garage, adjustments to the building trim color, roof pattern and color, skylight shading, again to mitigate nighttime light glare, and a more bolstered landscape plan.
02:34:28.05 Calvin (Staff Planner) In terms of zoning compliance, you have in your staff report this project summary table, which was presented to the Planning Commission on December 5. The project is in compliance with all the zoning requirements of the R3 Multiple Family Zoning District.

I'd like to just point out for a moment that the project is requesting and did receive approval from the Planning Commission for a side yard structural projection. This is allowed in our zoning ordinance to, if you meet certain criteria, you can ask for a projection into your side yard for a little bit of your project if the overall project scope meets certain criteria. They are objective standards, which the project did meet, but ultimately that side yard structural projection request has to go through design review, Thank you. scope meets certain criteria. They are objective standards, which the project did meet, but ultimately that side yard structural projection request has to go through design review, and they did go through that process and received approval from the Planning Commission.

The minimum side yard setback is 5 feet. The project does propose a west side yard setback at the lower level of 3 foot 7. At the upper level, the setback is 6 foot 6, so greater than the 5 foot minimum setback.

Heightened design review does apply to this project, not because of floor area, but because of building coverage. So as Councilmember Cox mentioned earlier, when a project exceeds a certain threshold, and that threshold is 80% of the total site allowed building coverage or floor area, the project is then subject to an additional set of criteria called Heightened Design Review findings.
02:36:01.54 Calvin (Staff Planner) Moving on to the second entitlement requested. It is a non-conformity permit, and this is for the rebuilding of a single car garage over an existing parking pad area. In the lower left-hand side of the screen, you see a photo that was collected by the Historic Landworks Board years prior for a former garage at the site. So you see that on the left-hand side.

The project does maintain the existing encroachment, meaning that the front of the garage aligns with the front retaining wall at this site. It is the same footprint as the existing parking pad. One difference to note between the former garage and the proposed garage is that the roof shape is different. As you see in the former garage, it's a gable roof, and in the proposed garage, it's a a shed roof and the shed roof design was thoroughly discussed and ultimately that was decided as the more appropriate design scheme that would minimize view impacts and bulk
02:36:24.18 Kirsten Thomas I see.
02:36:56.79 Kirsten Thomas I'm not.
02:37:06.46 Calvin (Staff Planner) Lastly, an encroachment agreement is requested for this project. The encroachment agreement is a way to formalize some of the existing site improvements that extend past the front property line, as well as to identify some of the proposed or new site improvements that would come along as part of the 416 APA project.

An encroachment agreement is allowed for permanent improvements, so three years or longer, that extend beyond private property and into the public right-of-way. The PC did recommend approval of the encroachment agreement to the City Council at their December 5 hearing.

The encroachments that are included in this project include the garage and driveway, so over the existing parking pad area, utilities walls, minor landscaping at the front of the property, and also stair improvements.
02:37:56.12 Calvin (Staff Planner) The next few slides, I'll go through some of the appeal points. There are 15 points of appeal in total that you have in your staff report. I'm going to highlight some of them, and I can come back and elaborate on any of these appeal points as desired.
02:38:10.38 Unknown Mm-hmm.
02:38:14.73 Calvin (Staff Planner) The appellant's appeal ground one talks about the project being denied and then with no relevant changes somehow coming to become approved.

So as previously mentioned in the staff report and in this presentation, a total of five public hearings were conducted by the Planning Commission. At no point was the project denied. On October 17th, the Planning Commission did vote in a 3-2 vote to direct city staff to return to them with a draft resolution of denial for consideration.
02:38:34.00 Unknown Okay.
02:38:44.53 Calvin (Staff Planner) They did continue the public hearing, and subsequent to that, as I mentioned previously, the applicant requested a project reconsideration with a documented intent to revise the project. At the November 7th hearing, the applicant provided further project clarification, some new information and graphics, which I showed previously on the slide, and also, of course, the documented intent to revise the project further on top of the prior revisions made since the July hearings. On December 5, with new information, graphics, clarification of the project's site design and constraints, and the intent overall to meet the required findings for approval, the Planning Commission found that the project could meet the findings for approval and approve the project subject to conditions of approval.
02:39:38.20 Calvin (Staff Planner) Appeal Ground 2 talks about landscaping, particularly the landscaping in between the two properties that I have boxed red on the screen. This is the hedge screening between 416 Napa on the right-hand side and then 420, which would be on the left-hand side.

Staff notes that the appellant had previously requested green screening with mention of the podocarpus type as a possible solution. The applicant then selected a type called podocarpus macrophyllis as it would be tall upon insulation, about 10 feet tall, and growing about 2 feet each ear to a maximum of 20 feet high. The selection of this plant material type was so that it could provide more immediate privacy screening as opposed to some lower hedges or some more less close together hedges that would not provide the same type of privacy screening. The applicant has relayed to staff that they are open to different plant material, if that is desired.

I'd like to point out condition of approval number two from the Planning Commission's resolution of approval. And this requires that the property owner of 416 Napa to permanently maintain the green screen, which is adjacent to the Western property line, so between the two properties at 420 and 416. This green screen would also have to be designed to provide privacy, but also maintain the maximum light and air for the property at 420 Napa. And this green screening is subject to a review by the Southern Marine Fire Protection District as well as satisfaction of the Community Development Director.
02:41:05.37 Kirsten Thomas air.
02:41:22.97 Calvin (Staff Planner) Appeal Ground 3 talks about setting a precedent and the separation of structures.

Staff did conduct an analysis based off of county of Marin assessors data using their application called MarinMap, MarinMap.org. This is a common application that we use to do our mailing list as well as compile different kinds of zoning analysis. We study the separation distances between structures on both sides of Napa Street, north and south, and based off of available data from the county of Marin, we found that there were 13 separation distances, and six are above the average, so those are the ones highlighted in yellow, and seven are below this average, highlighted in green. With regard to the proposed project, I'm gonna go through some of these bullet points at the lower hand of your screen. The distance between 420 Napa Street's northeast building corner, and 416 Napa Street's proposed lower level gutter at EVE is approximately seven feet.

the distance between 420 Napa and 416 Napa's proposed lower level wall is approximately 7.75.

distance between 420 Napa Street's Northeast Building Corner and 416 Napa on the upper level Gutter Eve is approximately 9 feet and when you move towards considering just the wall that distance comes out to 11 feet.
02:42:51.52 Calvin (Staff Planner) Appeal grounds four through six, I won't highlight at this moment. They are described in your staff report beginning on page 73 and expanding to page 75. I'm happy to come back to this and explain further as desired.
02:43:09.96 Calvin (Staff Planner) Appeal Ground Number 7 concerns the skylight. At the top of this building, at the very apex, a six by six skylight is proposed for 416 Napa. The skylight does increase the apex of the roof by six inches.

On the lower right hand side of the screen, you see an excerpt from the project plan showing the pyramid skylight as well as some of the mitigation measures to control light emission.

I'd like to point out that there is a condition of approval in place from the Planning Commission's resolution. And there are three different criteria that concern the skylight.

A, it's for the automatic nightshade controls to be permanently maintained on the skylight. So at nighttime, the skylight shades with clothes to prevent light emission into the outside.

The skylight trims, letter B, would have to have a low luster finish to minimize glare. And lastly, the northern glass panel, so this would be the one facing the behind property, Anonymous' property, would have to be permanently maintained with a matte film to reduce glare.

So again, these are conditions of approval already in place in the Planning Commission's resolution of project approval.
02:44:23.91 Calvin (Staff Planner) Appeal grounds 8 and 9 are covered in your staff report, pages 6, 76, and 77. I'm happy to come back to this as desired.
02:44:35.55 Calvin (Staff Planner) Peel Ground No. 10 talks about a projection into the standard five yard setback and what this does in terms of the landscaping. As I mentioned briefly, Southern Marin Fire Protection District is responsible for reviewing the privacy hedging between 416 and 420 prior to their submission to the Community Development Director for review.

In this entire design review process, the Southern Marine Fire Protection District did review this application and did not identify any issues with regard to defensible space or different kinds of fire related concerns.

If the project remains approved and goes forward for the construction permitting process, Southern Marin Fire Protection District will again, of course, continue their review in conjunction with the Building Division and the Department of Public Works to ensure that the project meets all necessary life safety criteria.
02:45:34.07 Calvin (Staff Planner) Appeal Grounds 11 through 14 are covered in your staff report, pages 78 to 79. I'm happy to come back to these as desired.
02:45:44.72 Calvin (Staff Planner) Appeal ground number 15, so the very last point appeal, talks about potential to redesign the garage so that it could minimize impacts to the neighbor at 420. The garage design was was reviewed numerous times and its evolution throughout the design review process did change. At one point it was removed, then it was put back in at the preference and recommendation of some community members as well as the Planning Commission.

The garage design that you see on the screen circled in the red circles, this was ultimately determined to be the most appropriate design for this project with a very low slanting shed roof.

I'd like to note on the left-hand side of the screen, you have an excerpt of the proposed west elevation. So this would be your experience if you were standing at the property at 420 Napa, somehow below grade, but looking into the garage. The green bar that you see circled on the left-hand side, that is the height or elevation of where the entry deck at 420 Napa is. So you can see that the purposeful design intent of 416 Napa's garage is to be below that entry-level deck of their neighbor.

There were different garage shape profiles that were discussed. At first it was a gable roof. Obviously that would be more in line with the previous garage, but then the gable roof would have more potential for a view and bulk for the streetscape. A flat roof was also considered, but there were some issues with drainage and water collection, and the applicant can speak more to that if desired. Ultimately this very low, Low sloped shed roof was the desired and approved version.
02:47:41.46 Calvin (Staff Planner) Staff recommends that there are four options for action this evening. The first option is for denial of the appeal and to uphold the Planning Commission's approval of the project. This is staff's recommended action.

Option number two is to uphold the appeal and deny the project. The council would provide specific direction to staff with regard to returning with a resolution for denial.

And the City Council can also continue the public hearing this evening to a further date for a future consideration by the City Council. And lastly, the City Council may remand the project to the Planning Commission with specific direction for re-review and to come back to the City Council for later consideration and action.

I'll stop my presentation here and am available for any questions that you may have.
02:48:32.56 Joe Burns Thank you.
02:48:32.58 Calvin (Staff Planner) Thank you.
02:48:32.59 Joe Burns Thank you, Kelvin.

Are there any questions for staff's presentation at this time from the council? Sorry, we have public comment coming up later.

Thank you.

Ray, you got anything?

All right.
02:48:54.23 Ray Withy So, Calvin, I want to thank you for the presentation as usual. Excellent clarity.

I want to just make sure I fully understand and perhaps then through that everybody else understands the side yard projection.

What I...

want to understand is to rationalize How?

You're making the statements that the projection is subject to design review.

And by the planning commission, And yet, the projection of the foundation Um, was approved by administrative design review. And in fact, if you hadn't had the multiple retaining walls, could have been approved by a zoning permit and a building permit.

is my understanding.

It's only subject to design, it's only that particular projection is only subject to discretionary review.

because we're in the context of a design review permit. Now is that analysis correct? Or did staff make a mistake in issuing an administrative design review permit?
02:50:27.97 Calvin (Staff Planner) So the admin design review part of phase one, that project was zoning compliant.

The project, when it went to phase two and requested the side yard structure projection for living area, that is a projection that you have to ask for because the minimum is five feet and they're only proposing three foot seven at the lower level. The criteria is objective. You have to demonstrate. It's a series of calculations and measurements showing, for instance, the overall projection area, if you take the average of the entire area, is less. And also how it's offset. There is a criteria in the CIDR structural projection request that ultimately that request has to undergo the design review process. Because as we know, development standards, it's not by right that you get all those developments, but the design review process.

process is a way to vet that out.
02:51:24.91 Ray Withy Okay. All right, let me think about that.
02:51:32.72 John Rohrabacher Susan.
02:51:35.38 Susan Cleveland-Knowles I'm sorry if I missed it, but did you cover the FAR of neighboring buildings?
02:51:42.30 Calvin (Staff Planner) I did not speak to that.
02:51:43.84 Susan Cleveland-Knowles Okay. No.
02:51:43.87 Calvin (Staff Planner) Okay.

you
02:51:44.87 Susan Cleveland-Knowles Could you just go through the average FAR of properties within 300 feet?
02:51:53.42 Calvin (Staff Planner) 300 feet? A few moments to find that in the prior staff report. I wasn't prepared with that number. Okay. We can do that maybe after that.
02:51:59.26 Susan Cleveland-Knowles Okay, we can do that maybe after the applicant or give you time.
02:52:03.83 Calvin (Staff Planner) Absolutely.

Thank you.
02:52:06.30 Joe Burns Thank you.
02:52:10.15 Joe Burns That's actually my line of question, too.
02:52:12.91 Susan Cleveland-Knowles Okay. Well, do you want to, should we give Calvin some time? Yeah.
02:52:16.07 Calvin (Staff Planner) Okay, I can return to you with that answer.
02:52:18.50 Susan Cleveland-Knowles Yeah.
02:52:18.89 Calvin (Staff Planner) Yes, it is.
02:52:19.46 Joe Burns Thank you.
02:52:19.58 Susan Cleveland-Knowles Thank you.
02:52:19.70 Joe Burns Thank you.
02:52:19.95 Susan Cleveland-Knowles Thank you.
02:52:19.97 Joe Burns you
02:52:20.14 Calvin (Staff Planner) I just know.
02:52:20.78 Joe Burns So just in that it's in the prior staff report, we can find the actual document later. My question, and maybe if you want to pose this into a question,
02:52:20.81 Calvin (Staff Planner) Thank you.
02:52:29.96 Joe Burns looked at the radius, being the 300 foot radius based on Marin map and how we would normally notice a project and that became the neighborhood Definition for how we compared this far to other far's based on that radius correct?
02:52:50.31 Calvin (Staff Planner) you Correct, that is our standard procedure. We define the neighborhood as 300 feet because that is the radius that the mailing notice goes out to.
02:52:58.93 Joe Burns Yes.

And that radius then includes properties that aren't necessarily in similar styles, such as a different zoning or a different topography, isn't taken into consideration. It's just simply the 300 foot radius.
02:53:14.91 Calvin (Staff Planner) Correct. So this project site is actually located in three different zoning districts. The overall neighborhood covers three different zoning districts. You have your two-family residential, your multi-family residential, which this project is in, and you also have a very small smidge of the commercial residential Caledonia Street area.
02:53:38.59 Joan Cox Calvin, why did you not present that information to us? Because you've worked with me and Susan for eight years. And you know we always ask for that information. So was there something you thought was irrelevant about it or it didn't?

provide any insight for this project.
02:53:53.34 Calvin (Staff Planner) So in terms of comparing the FAR, what we did was do our best with apples to apples comparison. So taking the information that we have from the county assessor, we, of course, did not put in the Caledonia Street or the business. So we looked at what is most apples to apples, and based on our assessment, we compared and made those separation distances analysis as well as the FAR analysis. So the data that we get from the county assessor, it's important to keep in mind that the county assessor's data off of Marin Maps, they're collecting this data for different purposes, for taxation purposes. What planners look at, we look at different things like floor area, building coverage. So the categories are not exactly the same, and what a county assessor might count as living area or taxable area could be different than what the planning planning staff looks at.
02:54:48.00 Joan Cox And so were you worried that your chart was unreliable?
02:54:51.66 Calvin (Staff Planner) I think my chart is reliable based off of our apples to apples and doing our best to make a fair comparison.

Thank you.
02:54:57.92 Joan Cox Okay.
02:55:01.78 Susan Cleveland-Knowles So I just need to find it.
02:55:03.37 Joan Cox I saw it. I'm looking for it.
02:55:05.12 Susan Cleveland-Knowles Are you looking for the actual chart?
02:55:06.59 Joan Cox I'm looking for the actual chart, but this is 1,000 pages.

I did see it.
02:55:12.57 Calvin (Staff Planner) I could step out for a moment and find it.
02:55:16.18 Joan Cox I don't have any other questions, so I'll continue to look while you...

And then we
02:55:19.43 Calvin (Staff Planner) Thank you.
02:55:19.45 Joe Burns Yeah.
02:55:19.97 Joe Burns that up when we have the
02:55:21.05 Joan Cox Yeah, we can hear from the appellant.
02:55:21.36 Calvin (Staff Planner) Thank you.
02:55:21.39 Joe Burns Thank you.
02:55:21.69 Calvin (Staff Planner) Thank you.
02:55:22.81 Joe Burns So again, what the process will be here is, We're going to now let the appellant which is 420, have 10 minutes.

and on the clock. And from that, we can ask questions of the appellant after that 10. It's not the same as the Planning Commission.

So, you've been That's Mark Rushford's team and that's your whole team. Thank you. We'll have the ten minutes. Then there will be public comment. Public comment will be for anybody not related to a team.

So if you're a free agent, not on a team, you have public comment.
02:56:01.23 Ray Withy of the nation.
02:56:04.59 Joe Burns And then we'll come back with a five minute presentation from the applicant.

So we're all clear.
02:56:12.61 Mary Wagner Yeah.

Point of clarification, Mr. Mayor? I apologize if I missed that summation of time. Yeah. So it's my understanding, ten minutes for the appellant.
02:56:14.33 Joe Burns Just-
02:56:14.68 Unknown Thank you.
02:56:14.72 Ray Withy Thank you.
02:56:18.90 Joe Burns Yeah.

Yes.
02:56:22.26 Mary Wagner Ten minutes for the applicant.
02:56:24.44 Joe Burns We have five on our.

Agenda.
02:56:26.85 Mary Wagner A chunk.

Our usual process is ten applicant, if they're different entities, public comment, and then five minutes of rebuttal for the appellant, five minutes of rebuttal for the applicant. I apologize if there's a typo on your agenda, but that has been the process that we've followed in the past. And I would recommend that you follow tonight as well.
02:56:46.76 Joe Burns I would recommend that you follow tonight as well. We'll do ten minutes of the appellant, followed by ten minutes from the applicant, followed by public comment for the free agents who aren't entitled to any team. Then we'll come back with five minute questions for each.
02:57:00.30 Mary Wagner Perfect, thank you. And another point of clarification? Yes. You were just handed some documentation from the appellant's team, and we have a copy for the applicant, if they would like a copy of that. So, did we receive this before? I don't know. That's a good question for the appellant.
02:57:00.80 Joe Burns Thank you.

Yes.
02:57:20.33 Paul Smith (Attorney for Mark Rushford) It was emailed to Calvin earlier today.
02:57:25.10 Mary Wagner Thank you.
02:57:25.12 Susan Cleveland-Knowles Okay, when was that?
02:57:29.91 Paul Smith (Attorney for Mark Rushford) DID YOU HAVE A
02:57:31.02 Joan Cox Calvin, did you receive this by email this afternoon?
02:57:33.98 Mary Wagner Thank you.

It's staffs indicated that it's been uploaded to Granicus and Peak. I don't know what time they received it, but it has been provided. It looks as though it's similar, if not the same, as the PowerPoint presentation that's being shown on the screen.
02:57:42.43 Joan Cox Professor Brown.
02:57:48.37 Joan Cox So it was around 4 o'clock this afternoon?

Yeah, so around 4 o'clock this afternoon.
02:57:55.09 Joe Burns If you are speaking as public comment, again, the green cards. That's if you're not part of the appellant or applicant team and you want to speak in public comment, a green card. And I'll turn it over to the appellant.
02:58:07.63 Paul Smith (Attorney for Mark Rushford) I'm Paul Smith from Mark Rushford. I'm sorry, I'm the whole team. At least for the 10 minutes here, I think Mark will have some comments and maybe some others during rebuttal. I have such a short period of time that I want to narrowly focus my comments on the second story west side addition in front of Mark Rushford's windows is really the core of his objection to the project.

And I want to start by reiterating what I heard here from staff and what I saw in the staff report. And I quote, at no time over the course of five hearings did the Planning Commission deny the project.

I understand that the resolution of denial was not ultimately adopted, but I do wanna make it clear that at the October meeting, the Planning Commission voted 3-2 to deny the project based on the inability to make findings 7 and 13 7 relates to air and light and 13 is Crowding and overwhelming neighboring property both of those findings were not able to be made because of the second story addition When I saw that in the staff report, I went back and listened to the tape again of the October meeting to see exactly how this happened.

the Planning Commission had a motion to approve It failed.

Did a motion to deny.

It passed.

Staff then asked the Planning Commission or told the Planning Commission that they would come back at the next meeting with a resolution of denial. Standard practice. Nothing else happened. There was nothing conditional about it. They just voted to deny.

What, in my experience, typically would have happened at that point is the resolution of denial would have come back the November hearing and would have simply been adopted. It didn't happen in this case. Mr. Rex and the applicant appeared and were successful in getting reconsideration, a second bite of the apple, if you will.

the Nonetheless, the resolution itself was prepared by staff, And I just want to point out that the reason for the denial on October had to do with the second story edition, and that's important.

because the December project that was approved made no changes to that element of the project.

So, the findings, I have the findings here in the resolution of denial that was not adopted, but nonetheless, when staff wrote up those findings, they found a couple things. One is the average separation distance between the appellant's property and the applicant's property is less than the average separation for the rest of the properties on Napa Street.

They also determined that the second story edition had a significant structural presence with scale, mask, and bulk that impedes adequate light and air for the Rushford property.

They also found that the project's impacts Built environment included crowding and overwhelming of neighboring structures, particularly Mr. Rushford's property.

The facade articulations are insufficient to require a redesign. Those were the specific findings that staff came back with for the November meeting and that Ultimately the Planning Commission did not adopt but but nonetheless the No changes were made at all to that element of the project.

Before the November meeting and after the October vote to deny the project, Mr. Rex sent a rather detailed October 31 letter that laid out his position basically asking for reconsideration. And I just wanted to highlight a couple points from that letter because One of them was to say that there was no evidence of light and air impact on the Rushford property because Mr. Rushford had not presented a shade and sun study. And of course, it's not the neighbor's obligation to present that kind of a study. It's the applicant's responsibility.

to prepare that kind of a study and to show that their project doesn't have that impact on neighboring properties. The burden is on them, not on Mr. Rushford.

Staff should have required a sun and shade study to make that determination. They never did. They didn't do it even after three planning commissioners voted to deny the project.

And they could have. I don't know why they didn't.

As to finding 13, the crowding, overwhelming finding.

Mr. Rex's October 31 letter said that the second story edition wasn't in the setback. The lower floor is, but the second story isn't. The applicants had already reduced it. It's similar to others in the neighborhood.

But that analysis ignores the existing conditions which really need to be factored into any determination as to whether you can make these findings.

The applicant's house was built first, long before Mr. Rushford's house was built in the 70s. And you'll note it was sited to the east side. It wasn't put in the center of the lot. It was sited to the east side.

Mr. Rushford's property was later constructed in the 70s.

It was oriented also over to the east side and angled, and the living space and windows were placed on that side, obviously, to look out at the water, at the views.

That's an existing condition that has to be considered when you try to determine can you make findings 7 and 13.

that his property was cited that way because the neighboring property was also cited that way so when you push out to the west in essence both ways you have to take into consideration the existing sighting of Mr. Rushford's property, because it's obvious that that westward addition has significant impacts to his living room.

the, um, The applicants say that they need four bedrooms, so they have to have the second-story addition.

of a good long-term planning recognizes that the housing stock will be here long after the current owners. And that's why projects are designed to meet zoning standards, not necessarily to accommodate the needs and demands of the current owners.

So sometimes, the lot that you buy might not fulfill all of your wants and needs.

In this case, the lot is essentially not wide enough.

to provide what they're looking for, unless they push into the backyard, which they have been unwilling to do.

We asked the applicants to push or slide, is the term Mr. Rushford likes to use, slide the second story back eight feet.

give them the same square footage, it would just push it partially into their backyard area.

you They don't want to do that. They've insisted that they can't go into the backyard. They don't want to go into the backyard.

And so they offered four feet.

We offered 18 inches. How about you can push out closer to Mark Rushford's house, push out another 18 inches, actually put him in the setback I think, if you can push it back eight feet.

The answer to that is no.

We offered them $15,000 to help pay for the foundation work that would have to go on because again, in phase one, they didn't do the, foundation work that would allow for that.

they don't want to intrude into their backyard space and so the net result of that is that this impact is being continued on Mark Rushford's property we don't see how the Planning Commission was able to vote to deny the project.

because they couldn't make finding seven and 13.

but then somehow come back and approve it.

with no changes to the very element of the project that caused them to have an inability to make those findings.
03:06:33.10 Paul Smith (Attorney for Mark Rushford) Landscape screening is not a panacea for bad design and bad planning. So this hedge between the two properties It might cause more light and air impact.

But it's not good planning to just use plants to screen out something that shouldn't be built in the first place.

So we ask if you would consider...

alternatives. Can you make finding seven and 13 knowing that there are alternatives actually to the second story. Either no second story or push the second story back eight feet. Thank you.
03:07:08.49 Joe Burns Thank you, Paul. You have a minute. No, you don't. Excuse me.

No, I'm just joking. Michael, you'll have 10 minutes, or your team will have 10 minutes now, and then we'll go to public comment. The appellant will still have a five-minute rebuttal.
03:07:39.13 Unknown We're getting
03:07:39.25 Michael Rex We're getting set up, I just wanted to clarify, we have ten minutes. And after public comment, five minutes for rebuttal, correct? Yes. Yeah, thank you. And I want to make sure we can operate this guy. Let's see.
03:07:47.81 Kirsten Thomas Yes.
03:07:56.16 Michael Rex That's forward and back.

is by the efforts.
03:08:08.75 Kirsten Thomas Hi, I'm Kirsten Thomas. My husband Matt Smith and I own 416 Napa Street. We have two small children, Jack who's four years old and Dexter who's seven months.

We are here today to ask you to uphold the December 5 decision approving the project. We truly believe that a home representing average size, average distance between homes, and traditional design will complement the neighborhood.

For the past year, we have pulled back, trimmed, and moved things around in order to meet code, maintain architectural integrity, satisfy the planning commission, and meet the needs of neighbors while still preserving the minimum of functionality for our family.

During the appeal preparation process, we received an offer from the appellant for a compromise.

We met the proposal with enthusiasm and rushed to evaluate it, then offered a counter that we felt could make work.

There were several rounds of back and forth until he rejected two of our proposals in a row.

So he quit the negotiation.

We truly felt disappointed when the latest negotiations fell through because we really thought that there was a chance we wouldn't need to be here today.

Please consider that all five of your appointed planning commission members agree that findings 7 and 13 can be made. And thank you for your commitment to public service.
03:09:22.31 Michael Rex Can you stop the clock a minute?

set my clock make sure we don't go over Thank you.
03:09:33.56 Michael Rex Yeah. Thank you.
03:09:42.10 Michael Rex I wanted to, I'm Michael Rex, architect, and I wanted to thank Calvin and Lily for their help. I also want to thank Matt and Kristen for all their patience and keeping their calm through all this. They've been at it three years. I've been working on this project for two years. We submitted this project back in May.

After five hearings, we've been in a hearing process for eight months. I don't think I've ever seen a packet this big.

for such a small project. We had extensive outreach during those eight months. There's nine pages we submitted, single spaced, outlining all the outreach for you. I'm gonna go to presentation here.

Yeah.

First I want to talk about mass. What's the character of the neighborhood? Well, it's called high density for a reason.

It's dense.

This is Napa Street. These are houses down the street. These are houses up the street. We're the little guy on the block, only 1,300 square feet. So any change we make is going to make it look bigger.

Um, These are the houses up the street. They're bigger than we are, they're closer to the street. These are houses down the street, right up and down the street. They're built right up to the sidewalk. We're 40, our addition on the second floor is 48 feet back from the street, okay?

THE, UH, You were asking about this chart. This is a chart we prepared looking at the data within 300 foot radius. And we didn't just rely on the assessors. We went through every file in the city records to try to get as accurate as we could. And what you're seeing here, this is the existing house, well below average. This is what's proposed. 53% of the parcels in our immediate neighborhood actually have a higher FAR. The average FAR is.53, and that's exactly what our FAR would be.

We're only adding 750 square feet to this house, and a third of that is buried underground. We're talking about a two-story addition that's about the size of a two-car garage.

Average is floor area in the district is 2557. We're proposing 2068. We could go up to 2300 with a single family home. We could have put a second unit in because we're multi-unit and put in 3,120 square feet. We didn't do that. We're still going to be the small guy on the block. I want to talk about proximity between houses. Thank you. 20 square feet, we didn't do that. We're still going to be the small guy on the block. I want to talk about proximity between houses. Many, many of the houses are closer than what we propose to 420. It's actually, 10 feet is pretty common between houses with five foot setbacks all throughout town. You can see these are photos just right up the street, how close the houses are together. Calvin showed you his study, and he came up with, just up and down Napa Street in the immediate area, the average setback between houses is 12 foot, five and a quarter inches, okay?

We're averaging 12 foot nine. We're more, we have a greater setback on this second floor and it's only been about the second floor. Mr. Rushford told us from day one he had no problem with what we're building on the ground floor. It was all about the second floor. And in the back we're 11-9, in the front we're 48 feet between the houses.

That's a really big setback. I want to walk you through some of the quick changes, quickly through the changes we made. When they say there were no significant changes, we did four series of complete sets of drawings changing it at every hearing. We first cut the corners back so the side yard projection would be shorter. We got rid of the gable-shaped roofs and went to hips. We got rid of the gable shaped roofs and went to hips we got rid of the gable shaped roof on the garage to lower it at mr. rushford's request We, Then another series of changes, we pulled the whole second floor back out of the projection, pulling it back 17 inches. And we actually got rid of the garage because that's what was causing height and review, not the house. And yet the planning commission said, gee, we kind of like that roof on it. Would you put it back? So we did. And then we finally pulled the second floor back another 18 inches for almost three feet.

on the west side and we pulled the south end back three feet to bring this corner from here back to here.

We also took a foot off the garage. That still wasn't enough. Finally, at the very last hearing, we pulled the garage back to align with the wall, and we pushed it back into the hillside at great expense, and then we presented additional data on what the constraints were and why there were not other good options available for us and that was what really changed the story with the planning commission here's where the garage was when it was encroaching further into the street. And you can see we lowered the roof and pushed it back and suddenly it looked a lot smaller. That was a significant benefit to the Planning Commission. And I want to quickly show you, wait a minute, We're going the wrong way.
03:15:40.66 Kirsten Thomas All right.
03:15:41.74 Michael Rex Yeah, here it quickly shows you the series of changes. We went straight up before with a tall gable roof. Then as soon as the story poles went up, We pulled it back 17 inches and went to hip shapes on those roofs.

lower bulk Here's where we got rid of the garage, then we added it, then we pulled it back. So there was the profile that we ended up with significantly reducing the mass and bulk of the building sufficient for the planning commission to approve it.

Sun study. We didn't do a sun study and staff never asked for it because we're on the north side. Here's where the sun is in the summer. Here's where the sun is in the winter. There's no way we can be shadowing 420 because we're north of 420. So there's your sun study. Why did we phase it? Everybody thought, were you being sneaky? How could we be sneaky? When we submitted phase one, we showed everybody all the drawings for both phases. We certainly didn't try to hide anything. But why did we phase it? We phased it because we knew the design review process is lengthy. We didn't know it was going to be eight months. So what we did was the builder said, if I don't build this summer that foundation and those retaining walls, we're going to have a problem. So we looked and we sat down with city staff and said, what can we do to build in the ground in the summer so in the winter we could be going through the design review process so we pulled out the stuff that didn't require design review and that side yard projection for phase one zoning administration is design review so we went through it and no one objected in fact mark told us you could build in the west yard and and in fact we showed him the plans for both phases before we submitted for phase one and he approved them pending seeing the Surrey poles. When the poles went up we all thought it was too big and that's why we cut it back. That's why we phased it.

Here's some of the exhibits that changed the commissioner's mind. When we showed him that 25% of the rear yard is used by the uphill neighbor, another half of the yard is so steep it's unusable. We only have a little patio that's 9 foot 3 inches deep. That's our only outdoor space on the ground for the kids to play. And if we pulled the addition back 8 feet like Mr. Smith thinks is certainly doable we'd have no backyard whatsoever that was a compelling bit of information and then here was the one-story addition the back dug into the hill we'd lose a bedroom no windows no light Michael. So I asked for those, one last thing. Really quickly, really quickly because you've had many meetings. If you want to know more about the side yard projection,
03:18:28.35 Joe Burns Thank you, Michael.

Really quickly, really quickly, because you've had many meetings.
03:18:37.29 Michael Rex or the skylight or why the commission changed their mind. I can be happy, or did we raise the roof? We've seen the meetings. Ask me a question.
03:18:45.78 Joe Burns We've seen the meetings.

We've seen the meetings. Thank you. Okay.
03:18:48.24 Joan Cox Thank you.

Okay, I do have a question.

Where is the property lying in the backyard?
03:18:55.70 Michael Rex I'm gonna go back here.
03:18:59.58 Joan Cox you
03:19:00.17 Michael Rex Yeah. Okay. The property line.

is right there.
03:19:07.24 Joan Cox So you own all of that property.
03:19:09.44 Michael Rex Right. It comes practically right up to their back door.
03:19:14.33 Ray Withy Thank you.
03:19:14.35 Joan Cox after this event.
03:19:15.02 Ray Withy Thank you.
03:19:17.54 Susan Cleveland-Knowles So during the meetings there were some There was a talk of an easement or an agreement about the use of that property. And then I think at one meeting you said there's no easement.
03:19:30.28 Michael Rex Is there any fun?
03:19:30.41 Susan Cleveland-Knowles Is there any formal arrangement about the use of that property?
03:19:34.65 Michael Rex The pre, you're talking about back here?

Thank you.
03:19:38.53 Susan Cleveland-Knowles Yeah, yeah.
03:19:38.55 Michael Rex The previous owner...

uh, actually recorded a license but made it revocable at will.

So there is a license.

for it.

But it could be a report.

Matt and Kristen have no intention of revoking.
03:20:02.85 Susan Cleveland-Knowles And can I ask one more question?

So Mr. Smith mentioned an offer that they made about moving it back, and then...

you mentioned in your presentation to counter offers? Do you mind just
03:20:18.05 Michael Rex Thank you.

I could show you that.

This is what's in front of you.

And There was a discussion two weeks ago, because we were hoping one more time, is there something we can do to find common ground He asked that, can you pull I can't quite see it.
03:20:45.59 Michael Rex Okay, can you pull this south wall of the addition He wanted back eight feet. We said, we'll split the difference with you. We'll pull it back four feet. But if we pull this back four feet, this room is only eight foot 11 wide.

Okay?

And I can't put a bedroom. We were going to put our master up here.

And one of the changes was we'll put the master down below, we'll change the program, we'll just make this little guest room.

But if I pull this back four feet, and I only have a width of eight, 11, I get a room that's so small I can barely fit a bed in it.

And Mr. Rushford understood that. He said if you pull this back, Okay, I'll go for four feet, and I'll let you pull this wall out, 18 inches. We showed a balcony here because the roof wouldn't work otherwise. He said, no balcony. I said, okay, instead of doors out to it, we'll put windows and we'll fill it with planter boxes. Because I can't get a roof coming up higher or I can't look out.

So we agreed to all that.

where it fell apart was over nine inches. He said you could bring this wall out, 18 inches.

And I looked at the plant, I couldn't get the bed to fit. I said I need another nine inches.

and the whole deal fell apart over nine inches.

We were amazed, frankly. So here we are, trying to get the appeal.
03:22:11.99 Joan Cox Thank you.

Thank you.

Okay.

Thank you.

I have one more question.

Michael, I have a letter from Mark Rushford dated Saturday, July 21, 2018, in which he says, after the first set of story polls went up, I encouraged the owners and the architect to walk up and down my stairs as I was out of town for a few days. The response was that they agreed that the implementation of the west side of the home would not work. I met with the architect and the owners on Tuesday, July 17, 2018 at about 6.30 PM where we went through and around my home. That night I was told that the story poles would be adjusted the next day for the garage and for the proposed west portion of their home. I was told how things would change and was provided plans of these changes to review. There's hardly a change to the design.

Do you recall having a conversation with Mark Rushford that the west implementation of the west side of the home would not work?
03:23:07.81 Michael Rex THE END OF THE END OF THE
03:23:07.95 Joan Cox Thank you.
03:23:08.20 Michael Rex you The only time that it became aware to me personally that the West edition wouldn't work was when the story polls went up.

When the story pulse went out.
03:23:19.66 Joan Cox He says this is after the first set of story polls went up.
03:23:22.14 Michael Rex That very day the pulse went up.

I walked up the street and I thought, we got a problem.

They're too tall.

It's close to the house and I told Mark right then and there and I told other neighbors, we are going back to the drawing board. We are going to make it smaller. And the first thing we did was take the gable roofs off and pull the second floor back.

and But we didn't end with that. We continued.
03:23:49.31 Joan Cox I'm now clear, because you showed us the three overlays. And what are we going to do, please? Nope, nope, nope. That was my question. Thank you. Well, thank you.
03:23:50.73 Michael Rex Yeah.

you I'm sorry.
03:23:53.14 Joe Burns Okay.

Thank you.

Thank you.

Yeah. Any other questions?
03:24:00.14 Joan Cox Yeah.
03:24:00.16 Joe Burns So We're now going to open up to public comment.

Public comment, I have one card, Susan Starnow.

We have another, do I see two cards? I see two cards. Do I see three cards? Do I see four? Four cards, four going once, going, we got three, four cards, four cards in the back.

Do I see five? Five cards, five cards going, there's a fifth card right there. Do I see six?
03:24:26.47 Joe Burns And that's kind of fun.

Well, they already had them filled out.
03:24:31.08 Susan Starnow All right.
03:24:31.87 Joe Burns Thank you. We'll have six speakers. Susan Starnow, you're first.
03:24:34.60 Susan Starnow Yes, I'm Susan Sterno. I'm also speaking on behalf of my spouse, Nancy Welsh.

members, mayor and members of the council We live at 403 Napa Street.

And we have met with Matt Smith, and we believe that Matt and Kirsten should be allowed to complete their home at 416 Napa Street.

They've waited three years, they're in a rental with young children.

I think it's time to to let them complete their project.

It sounds to me like they've complied with all of the...

requested design changes. I would like to see the house completed because I've watched it under construction for many years and I'm tired of the plywood and the porta potty and I would like to see a nice finished house with nice people living in it.
03:25:27.84 Kirsten Thomas and so forth.
03:25:33.06 Susan Starnow Sausalito is densely built, Napa Street in particular, and we all live near our neighbors.

We have experienced that firsthand. Whether we like it or not, we're all on top of each other.

That should not be a reason to prevent the Smiths from improving their property.

I think that the appellant should consider if he ever wishes to improve his property that he might encounter similar neighborhood opposition.

We should all try to learn to work together.

Um, I think we would all benefit from the completion of this project. Thank you.
03:26:10.94 Joe Burns Thank you. Jesse Goff, then Lewis Binington.
03:26:24.00 Jesse Goff Hi, Jesse Goff. Good evening, City Council Mayor Burns. Nice to see you.

I got a call. I am the previous owner of this property. I sold it to the applicant.

And I got a call from a neighbor about this project and I couldn't believe that it's still going on because I started this project 17 years ago.

I, um, Before any of the appellants or objectors bought or lived in the properties, I had already started this process with a house plan that was much bigger than Matt Smith's plan.

AND...

The reason I bought this property when at the tender age of 27 years old with my girlfriend and soon-to-be wife was to raise a family And one of the things we liked about this property was it's zoned R3.

multi-unit, high density.

housing area.

we wanted to put in a mother-in-law unit so my mother could live there.

Thank you.

and we'd have enough space, and if we were in another area of town, we might not be able to do that.

That's why it's zoned that way.

So I had put forth, I was the one that demolished the garage roof. Talk about the encroachment thing there.

As soon as we bought it, the building department came and put a notice on our door stand you got to rip down your garage roof because it was dangerous.

So we complied, I got out of Sawzall, I cut every roof choice I could, and it still didn't fall down. I had to use a truck with chains to actually make it fall. It was never gonna fall down.

And then four years later, I came back to the building farm and said, okay, we want to rebuild our roof. They said, well, you got to get a survey. Why do we need to get a survey? We're going to rebuild the same. Well, now you got to get a survey. Okay, so we spent $5,000, got a survey. Our garage was on our property.

And it turned out that our backyard was our neighbor's yard.

Chris Gibson.

But she didn't own the property at that point. It was the previous owner named Lonnie, we were friendly.

I was like, no worries. You know, it's your, I don't need to go back there. I'm not going to sit in a lawn chair in front of your window.

I just need my barbecue over here.

And we wrote a for liability, this recorded this note for revocable access.

And then when Chris Gibson bought the property, she was well aware of that.

She was also well aware of the plans that we had, because I showed them to her, which was a 3,500 square foot, three story house with an elevator.

which conform to all of the codes.

Then years later, I'm working with Chris Gibson. She wants absolutely nothing to happen. So I start going frontward, much bigger in the front.

I'm just about to go. I'm about to put a story that pulls up. And the owner of Fort Twill
03:29:24.67 Joe Burns I'm sorry, Jesse, you're out of time. Do you have a really quick conclusion on where you're going?
03:29:29.81 Jesse Goff Mark Rushford knew exactly what we were about to build, and it was much bigger than what the project is proposed. And he basically crushed my life.
03:29:39.25 Joan Cox I, I, so how did I, I'm going to ask him a question. How did Mark Rushford know what you were going to build?
03:29:41.90 Jesse Goff How did Mark work?

Because when he was in escrow, before he owned the property, he was concerned about our plans. And I said, if you don't like our plans, why are you going to buy it?
03:29:54.89 Joan Cox How did he come to see your plants?
03:29:57.18 Jesse Goff We should have told him.

And I don't understand if an appellant wants an airy space, don't buy an R3. Buy an R1.
03:30:08.12 Joe Burns Thank you. Lewis Binington, John Ferrano, you're on deck.
03:30:17.70 Louis Binington Good evening.

Mayor, Vice Mayor, Council Members, my name is Louis Fyington. I've been a resident of Marin for over 20 years, retired naval officer. I love Sausalito. I've been renting across the street at 425 Napa Street.

One of the things I love about where I live is the community. I know all my neighbors. I know their children. I know where they're from. I know some of their parents.
03:30:40.13 Unknown I have.
03:30:41.97 Louis Binington I understand all the process and the geometry and the legal aspects of land use.

But one of the things I'm really concerned about is I've never met my new neighbors. Matt and Kirsten, welcome. I'm Lou Barrington. I'll be an across the street neighbor from you.

None of this was socialized with me, although I am a renter. Maybe I don't have a vote, but I do live here, and I intend to live here.

And I just want to have the audience step back and look at How do we live here as a community? Do we talk about what we really want to work through?

Some of the things I've talked about with regard to socializing this project.

are.

According to Mark Rushford, not true.

That's all I have. I see my time.

Any questions?
03:31:26.94 Joan Cox Thank you.
03:31:28.68 Joe Burns Thank you, Lewis. John, and then Skip Klegler.

Like you're on.

you
03:31:33.88 John Ferrano Thanks, City Council. I've lived on Napa seven years. Middle Valley, the city builds houses 8,000 square feet. Vail, 3,000 in the city. Lawsuit in the city over the same thing. Because someone said I could build up Webster Street. They had plans, I could build a garage up and a two-year lawsuit sold the place.

So I guess my couple points are, and I feel bad for the couple, and actually the place looks nice, but why wasn't it pre-approved? If you're doing that big a project, I was just looking at a garage space, and I got an interior lawsuit, couldn't move in for six months. Hand to the mic, John. If I'm doing that big of a project, I definitely would go beyond talking to your neighbor to get approved. That's number one.
03:32:00.14 Kirsten Thomas Yeah.
03:32:04.81 Joe Burns Turn to the mic, John.
03:32:12.25 John Ferrano Number two, somebody, a letter I wrote on 7-Eleven six months ago, why do we continue here?

And I probably will own a house here.

to denigrate or have lower standards in Mill Valley and Tiburon They would never approve this. By House of Mill Valley, you had to be 80% of the lot I had plans to build out. No way.

And then I was talking to Corey Maas, doctor at a party with my kids' baseball team a year ago, and he said it took him years to move his perimeter in Sausalito. It was impossible.

But yet this is four feet from Mark's house. And my kids laugh every time we come out. It's a joke. It's four feet from his house. Who would buy his house for that price?
03:32:47.20 Kirsten Thomas Just watch.
03:32:55.27 John Ferrano with a house four feet away.

His house is going down a quarter million easily. I wouldn't buy that house.

I've owned much bigger houses, Oakdale, Clay, Webster, come on.

I mean, I feel bad for the couple. I got in lawsuits, but should have been pre-approved.

Why would you ever embark on a project that big without getting some legal approval?
03:33:20.26 Joe Burns John, skip, and then Jeannie, Janine, Campbell.

Jeanine Campbell's on deck. Skip is up.
03:33:31.72 Ray Withy Council, Skip Clegg, I live at 418, I mean, 118 Filbert Avenue.

I'm stunned that this project is still without approval.

The outstanding complaints regarding Napa should have been resolved long ago. The planning department examined and thoroughly reviewed the project and concluded that the project met all the requirements.

Subsequently, the Planning Commission reviewed neighborhood testimony and agreed that the project should proceed.

I live directly above 416 and 418 Napa, and I wish to address the concerns of my neighbors who object to this project.

As a 23-year resident at 1 White 8 Filbert, my interest in the subject Property was focused.

on the previous owner of Napa Street, 416 Napa, who eventually moved away rather than deal with the objections of one neighbor who demanded title of a portion of his property in exchange for providing her approval for his renovation. I understand that this offer still persists today by a neighbor who wishes to remain anonymous.

Trading real property for project approval is disingenuous, in my opinion.

I would request of the council and the neighbors to view Napa Street from the top of Litho Street, 250 feet away from where I'm standing right now, Our homes in this neighborhood are uniformly closely spaced.

I do not object to the proximity of my home to my neighbors, which is about 11 feet.

In my opinion, Matt and Kirsten have made substantial accommodations to their neighbors.

Neighbors, this longstanding design dispute, in my opinion, smacks of nimbyism and a lack of tolerance and fear of change. Please consider the needs of this family.

and look again at the accommodations that they have made to be welcomed in our neighborhood. Thank you.
03:35:25.49 Joe Burns Thank you. Janine Morgan-Mack, you're on deck.
03:35:34.43 Janine Campbell Hello, Council. Jimmy Campbell. So I've actually had a project going for quite a while myself.
03:35:34.92 Joe Burns Thank you.
03:35:40.35 Janine Campbell Um, And I live in close proximity to properties.

When you start living, and you have friends and you have family in close proximity and you're trying to have like a barbecue you're just trying to have You're trying to live your life and just playing your music.

you're really close to another property.

You have to keep your voices down, you have to keep your music down. I mean, there's a lot to be considered When you're three feet, that means you're going to have to actually whisper.

to to be outside, you know, and that's really, I just think that being three feet away from a property is just really too close.

Um, I also have a license. I'm a real estate license. I don't actually practice, but I do have extensive experience in real estate investing. And when light is being affected and when a property is too close and it's not as desirable, it is going to affect the property value. So I just think that that needs to be considered because in an area like this where we spend a lot of money to own a property, we should...

I THINK We should think about this impact of building another property right on top of another building And having a monstrosity, if it's laying right over your property, people when they come to look at that property, if he does go to sell, market to sell in the future, it might impact his value. So it's just something that I think you should consider. Thank you very much.
03:37:19.26 Joe Burns Thank you. Morgan.

Then Don Russo followed by Dennis Webb.
03:37:26.55 Morgan (Public Commenter) Good evening, council. I'm a Sausalito resident, I live on Main Street, This has been an eye-opener for me, hearing the back and forth.

It seems like all the various earrings are so complicated that it's a bit of a shell game. I don't quite understand it.

Looking at this plan, it just seems like it's common sense that three feet seven inches is too close for two houses to be in Sausalito.

I don't really have anything else to say. Just common sense, this plan is too close.

It could be moved to the back. I know there's a concern about the kids playing in the backyard, but if the kids can play in the side yard and the whole project could be moved to the back, then they'd still have a place to play.
03:38:11.71 Joe Burns Thank you. Don. Dennis.
03:38:15.81 Don Russo Thank you.
03:38:19.32 Don Russo My name's Don Russo, I lived up at 114 Filbert Street up on the top, so I know Mark. I've gotten to see all you guys on TV, you know, watching you, you're all good looking, really nice looking.
03:38:19.62 Joe Burns He's done.
03:38:30.79 Don Russo And I'm glad I came to talk to you tonight. I came early, and you were talking about the help you got and the woman who was trapped in the mud. And I built a house here, and the reason I came here was because of the community and what I thought it was. And I want to make sure I went through all that work for good reason, that I moved into the right place. And you're the people who can guard that for me, the idea of community. So I think we have to come up with something that satisfies Mark, that's not just on top of him. There's a barrier between us. I can't come up and start talking to you. You've made a distance. I think it's important to have some distance between the places that we live, and I think this could be affected. I think maybe the pencil has to be taken out again, and we have to redraw.

Going through the whole process, I was interested in the timelines. Like foundations were put in before approvals were made. And I think they were some of the questions that you guys have had and come up with and I had the same following the whole procedure. So I hope it gets looked, it didn't seem like it fell properly, you know, and the outcome was really frazzled. So I appreciate you guys taking the time to look at this again. And I favor that it be cut back. Thank you.
03:39:52.87 Joe Burns I feel.
03:39:57.14 Joe Burns Thank you. I have one final card from Dennis Webb, and then there's no other card. If anybody else would like to speak, please get a card in. Otherwise, Dennis will be our last public speaker.
03:40:05.04 Dennis Webb Hi, everybody. My name is Dennis Webb. Thank you, council staff.

So I know Mark and I know everybody here and I visited the site. I met Mark there, I went in his house. I'm a building contractor. I have a design build construction company here in Sausalito. I'm also a resident.

And I looked at the project because I know both parties. I know Matt. My brother's a billing contractor for Matt and Kristen.

And Michael Rex is my architect on my house, so it's a very small, tight-knit community. And they're both professionals.

Anyway, this is an award-winning design. It's a 1,200 or 1,300 square foot house right now. It's very, very small.

And it's zone where you could have a three unit building, which would require six car stalls, I believe, right? Two car stalls per unit or a car stall and a half. So the whole front could actually be all garages like that red building down the street.

and cover the whole front and kind of wreck the neighborhood.

The property is zoned where you can actually have a 3,100, I believe, square foot home. They're going with a 2,200 square foot home. Very, very conservative.

um, You know, it took me three years to get a garage approved in this town, and this is just getting ridiculous. It's just hard for people to fix up their houses to grow their families. They have two children. They want to make a beautiful house. They've spent hundreds of thousands of dollars redesigning, redesigning, redesigning.

I drive by the house all the time.

just to take a peek at it, my brother's a contractor, and I see a different set of story poles going on, and another set of story poles. They literally bent over backwards to accommodate the neighbors and I would just...

I would like it if you guys could approve this process right now. They've done everything. There is no light or air problems with this at all. I was right on the staircase, walked up there. I've seen the plants. The sun is on the other side of the property, so there is no reason for a sun study, and I wish we would approve this project and let these people build their home. Thank you very much.
03:42:11.45 Joe Burns Thank you. Seeing nobody else standing up or presenting a card, I'm going to close public comment.

and give the Appellant, up to five minutes to rebut anything you have heard.
03:42:38.52 Joe Burns You came out with the first snooze.
03:42:39.29 Joan Cox I told you not to sit next to me.

I don't have any choices.
03:42:46.01 Joe Burns I wasn't when I got here.
03:42:51.11 Unknown Thank you.
03:42:53.32 Joe Burns Five minutes Mark's team, five minutes.
03:42:57.35 Mark Rushford Hello, I am Mark Rushford, donor of 420 Napa. I wish there were five other people ready to come up equally as affected as I. I'm the only one. It all falls on me. It's not an enviable position to be in.

You can see right here in this rendering, the lower right, no trees. When you look at the applicant's drawing, there are big trees. Those would block views, and they kind of mask the overall mass of the project. It's just worth noting. There's a lot to talk about here. I'll do my best in five minutes. The reasons for appeal, I believe there was 15 noted. I was told to do that by an attorney, not the wonderful one I have here, just to get to the appeal. I have two items that I'm appealing. The upstairs being too close, too tall, too looming, which Dennis himself agreed to when he came over. He goes, oh, that kind of is looming. And I appreciate that. And at that point, oh, sorry, the other reason for the appeal is the lower floor being too close. Okay.

I can touch it. It's four feet one from my deck.

That's when you first come up my staircase, the closest point where that railing is. I'll be able to grab the white rail as I come up. On the back of my house, where it's the closest to their house, I'll be able to open my arms if I were six foot six and touch both houses. That's a little close.

These are from Michael Rex's plans. You have to add a foot to the lot line that gets you to MyRail.

I was the one who brought the offer to try to negotiate something. And I did so because Dennis and I ran into each other and I absolutely appreciate his thoughtfulness in trying to make that happen. The proposal provided by the applicant just now is not correct. It's not what I proposed. It would take too long for me to go through all those elements, but I'd be happy to if you want to.

The first proposal was denied completely. I threw out another one, and that's when I said, I'll help pay for foundations. I gave them more square footage than their current proposal has, but they chose not to accept that. I too was excited and wish we could have found a solution. I actually asked my attorney, the one you just heard from, to invite everybody over to my house so we could draw.

Talk. Try to figure it out. I was denied.

Um, Thank you.

We never agreed to a four foot setback, as Michael Rex noted, or slide back to the changes. That's when I got an attorney, because I realized I felt outgunned. This is a process where there are so many vagaries to whether it was approved, whether it was denied, should I have stood up, said something there. Reality is I should have got an architect from day one.

and an attorney.

The second, this started.

Because that's the only way.

maybe after Jones Blue Ribbon Committee, it'll be easier.

But that currently is the only way to navigate this program.

I they may have a small house on the block. That is true.

But it's a tiny lot. It's 3,900 square feet. It's substandard. 5,000 is standard.

it's hard to find a smaller lot in town.

I did agree early on to the lower floor. That changed because I didn't realize it was past the five foot setback.

and that there's actually an approval route for letting it do that. Now that I understand that, I'm clear on it. I still think 3-foot-1 is a little close to the lot line. I can touch it.

Um, To address reducing the mass, yes, concessions were made and they're all very good, but it's like a patient that's dying You can patch the little tiny cuts, but the aorta is still bleeding.

you haven't really addressed the problem with all the little changes. And I've been very clear about the problem from day one. All I'm asking for is, is for the top floor to be pushed back if possible or put in the back and not four feet. That just doesn't solve the problem.

And the bottom floor, if everybody deems it to be OK where I can touch it, fine.

The city told me 418 wasn't happening when Jesse said I ruined his life. I went to the city while in contract when those story polls were up and made it very clear. Do I need to do something? They said, absolutely not. That project will never get approved like that.

That was the entire extent of my interest in Jesse's, ruining Jesse's life. We closed escrow and never saw those plans again.
03:47:42.17 Kirsten Thomas THE FAMILY.
03:47:47.50 Mark Rushford I would love if 11 feet between our houses, as I think Skip noted.

Fantastic. Yes, please.

That's not what we have.

I too am tired of this project. I want them to move here and be very happy. I will make the first case. I just want to come to an agreeable solution.
03:48:06.16 Joe Burns Thanks, Mark. Do you have any questions for Mark?
03:48:09.99 Susan Cleveland-Knowles Yeah, since I asked the applicant about the proposal, you said you had some details about your proposal that you wanted to discuss. So I'll give you a chance to do that.
03:48:19.92 Mark Rushford Sure. It'll probably help if I jump to the slide that probably shows it best. Alright, right here. The left side addition. And this is one of
03:48:21.16 Joan Cox Thank you.
03:48:27.24 Joan Cox And this is one of the things you handed out to us. Correct.
03:48:28.88 Mark Rushford Correct. This is the next to the last slide. And there's more copies for anybody that needs it here. The left side edition is pretty clear. You can imagine the box, the 30 by 30 box, left side, west edition. I suggest we slide it back into the backyard when I asked, you know, that of the applicant. First, only sliding it back. That was when I got denied.

And I offered money to help pay for the foundations. And this was a number brought up, suggested.

by the contractor, the contractor's brother working on this project I said, OK, let's try.

I want to open negotiations and try to find a solution. I didn't really want to be here tonight. You know, I'm tired of the project too. It's going to be nice when it's done. There's no question.

So sliding back was number one. Then it was slide it back to, basically to have the same scenario that you see at 422 Napa and 418 Napa. The top floor would have the same sort of encroachment, if you will.

It's hard to point here without a laser, but if you move the top floor back, slide it back to the portion that I'm suggesting. Oh, sorry, laser.

Thanks.

Okay.

Thank you.
03:50:05.42 Mark Rushford to lose views or anything like that.

We have the exact same rep with the home above me.

you And the lot at 14 Apo, by the way, is 2,900 square feet.

So the one below 416 is 3900 square feet.

They really were pretty nice over here. They didn't build too much further. They could have. They preserved what this person has here. That's what I'm looking for. So if you take that top floor and slide it back to that very line right there, which slides it in the backyard, I then said, you can go ahead and grow it.

18 inches.

if you do that.

And the portion that gets opened up from sliding, throw that three feet. I'm giving you more square footage.

I was hoping to pay for it, and I got denied.
03:50:55.62 Joan Cox I am not following, I'm sorry. I do not understand what it is that you proposed. So can you just describe it in words?
03:51:02.49 Mark Rushford Sure. The addition, the Western edition. Yeah, the top floor of the Western
03:51:05.14 Joan Cox Yeah, the top floor of the Western Edition.
03:51:07.79 Mark Rushford Thank you.

Thank you.

Correct. Slide it back 8 to 10 feet.
03:51:11.16 Joan Cox So that it juts out of the back instead of jutting out the side.

So it goes over the backyard.
03:51:18.01 Mark Rushford It goes into the backyard. Correct.
03:51:20.21 Joan Cox So it overhangs the backyard.
03:51:22.17 Mark Rushford Actually, the backyard is level, so it would slide right onto it. That's right. Right. Yeah. And then grow it 18 inches towards me and add three feet to the main house. I'm adding square footage. I'm really trying to be accommodating.
03:51:25.62 Joan Cox That's right.
03:51:36.73 Joan Cox Adding three feet to the main house where?
03:51:38.64 Mark Rushford the portion that was slid back and revealed
03:51:41.50 Joan Cox Yep.
03:51:41.79 Mark Rushford that 8 to 10 feet. Grow the main house 3 feet that way instead of currently they're growing at 11 feet.
03:51:47.46 Joan Cox Towards 418.
03:51:49.59 Mark Rushford No, no, towards me.

Where the red arrow is actually.
03:51:51.51 Joan Cox So there were So where it says 3-1.
03:51:56.27 Mark Rushford That's a lower floor.

Thank you.
03:51:58.14 Joan Cox Yeah.
03:51:58.16 Mark Rushford Yeah. The upper floor, see where the big red arrow is? Yeah. That would be empty of the top floor because we slid it back. Right. But right where that is would be three feet out.
03:52:01.30 Joan Cox Yeah.

the, Right.
03:52:09.87 Mark Rushford Right about where the red arrow is. Got it. OK. Three feet off. Thank you. I was thinking, why not go for that?
03:52:09.92 Joan Cox Okay.

Got it. OK.

Thank you.
03:52:17.68 Mark Rushford I got rebuffed. So this excitement that I think we heard about was not real. I didn't get that from them.

I wish.
03:52:27.96 Unknown Thank you.
03:52:30.98 Joe Burns Any other questions? I think we got them to you, okay.

Thanks.
03:52:37.16 Unknown that.
03:52:40.90 Joe Burns Yeah, you have five minutes, Mike.
03:52:45.46 Michael Rex and getting back to Presentation.

and where is he?
03:52:58.42 Unknown Thank you.
03:53:09.56 Michael Rex Let me hang on a second.
03:53:29.15 Daniel Boling is.

Thank you.

Thank you.
03:53:38.72 Daniel Boling See you.
03:53:43.75 Michael Rex Thank you.

Thank you.

Amen.

I want to respond to some things that were said, misstatements, that were too big and too close. It's all about the second story because for the first time tonight, I believe Mr. Rushford has a problem with the ground floor.

If you listen to the tapes, you said At every planning commission hearing, he said, I have no problem downstairs.

Okay?

It was all about the upstairs. And this upstairs is the size of a one-car garage. It's nine foot, six wide, 21 feet long. We're arguing here over 199 square feet.

And we have a lot that's 78 feet deep.

Are we too close?

Mark didn't tell you was that hit the corner of his house is within 311 of the property line.

The addition at side yard projection, I'm going to show you, is 311 on the front and I'm not sure.

3-7 at the back. And I'm talking about the projection, okay? That projection...

Oops, wait a minute. There it is there.

It's only on the ground floor.

because we removed it from the top floor. The top floor is set back six foot nine.

THE STANDARD IS 5 FEET.

Okay?

Um, How high is it? The average height Of this little one-story projection seven foot nine. It's like four and a half feet in the back and It's tiny.

That's too close. When you can't even see it behind the bamboo hedge, you wouldn't even know it's there. When he told us from day one, he had no problem with the downstairs, but now this is too close.

It's not too close and it's not too big.

And, 6'9 on top.

Um, That's a lot more than the standard.

I, I wanna point to this idea that they're going to lose value.

I don't know how a realtor can tell you with a straight face that to live next to a well-built house that's fully sprinkled, fully landscaped, beautifully built, that removes the, compared living next to a worn out shack with all the uncertainty of what's gonna happen to it, that's not fire sprinkled, that's not landscaped, how this project's gonna hurt, His value?

No, it's not. It's going to improve his value. It's going to enhance the whole neighborhood. It's going to allow.

the opportunity for a family to stay here in town Both parents work and it wouldn't be just Matt and Kristen. Nowadays, to afford a house like this, it takes two parents to work and who takes care of the kids?

This is, I showed you the floor area. We're 300 square feet below the maximum for a single home.

We're 1,300.

below what we could have built.

If we can't get a project of this approved that goes through this kind of process With this kind of scrutiny with this amount of changes We're not promoting housing here in town Uh, I, uh...

I want to just close with some of the benefits.

Um, We could have torn this house down.

We didn't.

We wanted to save the character and scale of what's left of Napa Street. And...

That's a good thing.

Uh,
03:57:40.98 Michael Rex I frankly don't know what more we could have done. I don't know how more we could have worked with the neighbors.

Uh, At the end of the day, I have to tell you, we're the ones that made all the compromises. When he said time and again to the Planning Commission that and told us, After he saw the plans and we proceeded with it that showed the two story addition. And then he told us I'm never going to approve a second story addition on the west side.

So who's been doing all the compromises? It's been one sided.

We need to put an end to it. I really ask for your vote tonight.

I ask that You deny the appeal and uphold the Planning Commission's actions. I also ask that you approve the encroachment agreement so we don't have to come back for that. Most of the encroachments in the street already exist. The only thing we're adding is a landscaping down at the sidewalk and a roof over a garage that has always been there.

So I hope you appreciate what we've done and approve the project. Don't go away.
03:58:43.97 Joe Burns Don't go away.
03:58:44.54 Michael Rex Thank you.

Pardon me?
03:58:45.64 Joe Burns Yep, question? And go. I have a question for you, Michael.
03:58:50.97 Michael Rex Yeah.
03:58:51.40 Joe Burns Are you saying tonight's the first time you heard the appellant have a problem with the ground floor?
03:58:57.52 Michael Rex Um, That's correct. He told us at every planning commission meeting that he had no problem with the ground.
03:59:05.64 Joe Burns So tonight was the first night, ground number ten, appeal ground ten was-
03:59:08.89 Michael Rex Oh, and the appeal was...

Yeah.
03:59:09.64 Joe Burns Thank you.
03:59:09.74 Michael Rex Thank you.

It is written in the appeal.
03:59:12.52 Joe Burns California. You used the document that's in the staff report and you've mentioned many times the house, the houses.

Did you ever separate houses being single-family or multifamily?

Thank you.
03:59:27.84 Michael Rex No, we specifically didn't because one, it was difficult to do, but more than that, We're talking about the scale of a structure on a parcel.

That is a very good question.

And FAR is what it's all about in that sense, the proportion of floor area to the size of the parcel. The average parcel size in this neighborhood is about 5,000. We're 100 shy of 4,000. So we're not that much tinier.

But our FAR is exactly at the average
03:59:58.05 Joe Burns Okay. So when you say that you could have built 1,300 square foot more. You mean 1,300 square foot in a single family residence? No. You believe-
04:00:06.62 Michael Rex Oh, wow.

There's a...
04:00:07.74 Joe Burns No.
04:00:08.50 Michael Rex No. I know that. If we went multi-unit. Right. But that is what he said. Right.
04:00:08.72 Joan Cox Bye.
04:00:08.73 Joe Burns I know that.
04:00:09.29 Joan Cox If we went multi-unit.
04:00:12.50 Joe Burns Right.
04:00:12.87 Michael Rex But, but.
04:00:14.44 Joe Burns So you cannot build a single family residence.
04:00:14.66 Michael Rex You could not build a single family residence. We could build 2,300 square feet for a single family home. I just wanted to make clear that we're talking about the same thing.
04:00:19.79 Joe Burns Right.

I just wanted to make clear that we're talking about the same thing.
04:00:25.52 Michael Rex 270 feet less than what we could have for a single family home.

But we could have proposed a multi-unit
04:00:32.22 Joe Burns And 3,500 square feet, as Jesse Goff said he was planning to build, would not have worked.
04:00:37.08 Michael Rex Uh,
04:00:37.86 Joe Burns there.
04:00:37.88 Michael Rex Well, I think the maximum is about 33.
04:00:40.86 Joe Burns Because you said 31 and that would again be for multiple units.
04:00:42.97 Michael Rex multiple units. Maybe he was rounding up. I have it here.

Yeah, the maximum is for two units, 3,120 square feet.
04:00:54.48 Joe Burns Thank you.

Any other questions?
04:00:57.70 Michael Rex We're 2068. Okay. Any other questions?
04:01:03.80 Joe Burns Seeing none, we'll bring it up here.

I obviously have some comments about floria ratio, and I think you might as well.
04:01:11.00 Joan Cox Yeah, but I am so sorry, I need five minutes.
04:01:14.92 Joe Burns We're going to take five. I've got two people up here, maybe a third. Actually, we're going to take three. We give you guys three. Give us three. Yeah.
04:01:21.46 Unknown Yeah.

Yeah.

is
04:01:23.78 Joe Burns so we'll be right back
04:01:26.44 Joan Cox Thank you.
04:01:26.46 Unknown Thank you.
04:01:26.69 Joan Cox .
04:01:26.97 Unknown Thank you.
04:01:30.10 Joan Cox I think I can
04:01:59.89 Joe Burns Oh, the door was locked in.

Doors locked. Yeah. Sorry. Sorry.
04:02:05.68 Unknown .
04:02:06.69 Daniel Boling Thank you.
04:02:07.16 Joe Burns We forget when the meeting starts, we locked the back door so we had to go around.
04:02:10.05 Daniel Boling He couldn't get in. He couldn't get in.
04:02:14.42 Joe Burns Thank you for that break, much appreciated. Hope you had a good time as well. So where we left off was we just finished the rebuttals and now we brought it back up to the dais for the council to discuss and take action. Anybody like to chime in first? We can go and round robin.

A COUPLE OF WEEKS.

There's a lot of information here, so if we wanted to throw out little bits, we don't have to do everything at once.
04:02:43.86 Joe Burns I don't mind kind of throwing out some information.

So,
04:02:52.37 Joe Burns A LOT OF THE WORK THAT WE DID WAS WHEN WE LOOKED AT THE VIDEOS the staff reports and getting an idea of of this project. So some of the comments, I will reference some of the information that was received in those meetings. I think there's been a lot of work done in areas that are very important to the project and will be discussed here.

to me it has come down to the Top.

floor of the Western Edition. I appreciate the work on the skylight, the garage. I think that was a, I think a lot of things worked to get that to its right spot.

So, as you heard some of my questions, both with staff and then with the applicant, Our process, rightfully so when we notice, is to look at a 300 foot radius. But that isn't the neighborhood. And if we're being truthful, the neighborhood does not include and Casno. The neighborhood includes Johnson.

Litho. Locust.

attorney.

That's the Newtown neighborhood that when we're bringing up contrast and comparisons, that's what we're looking at.

But rightfully so, we do a circle for notification for other reasons.

But since this falls into now the realm of discretion, and I'm looking at neighborhood character, And the process was brought up both by the applicant and the appellant to compare.

two other properties, I want to compare it to the properties that I think are most relevant, and that is in those neighborhoods. So I took what we have through our MLS service, which is a lot of the same numbers. It goes through the assessor's office and it pulls up data similar to what we have, but I did it basically from Johnson, moved to Napa.

Caledonia to Bonita, the neighborhood I feel is most relevant.

And there's about 98 homes in there, in that neighborhood.

37, I believe, are single family. The rest are multifamily. I think that's very relevant in that multifamily, based on our zoning code, gives you more floor area ratio. It allows you to put a bigger home than a single family residence, as noted previously.

as we confirmed.

So I'm not sure that averaging a Filbert multifamily or a Casno single family Is the right comparison. So I want to put this in the context of the right neighborhood and the right comparisons. Single family homes in that neighborhood that I've just defined.

Single family homes, like I said, are 37.

Four of them are four bedrooms.

Just four. One of those is marks at 1,500 square feet.

um, I think three Four are over 2,000 square feet on a substandard lot. So these are very small. This isn't neighborhood character. This is very unique property to go above 2,000 square feet and over three bedrooms to a fourth bedroom on a substandard lot in that neighborhood. It's very unique.

Where we would normally have more discretion is if somebody was doing a multi-family residence, as we heard in our previous item on blue ribbon that is kind of the goal So now we're really talking about top level in the fourth bedroom.

And how needed or how relevant is that fourth bedroom when it's not being proposed as a multifamily. It could have been, it's not. So what it could be as a multifamily is irrelevant. It's a single family, four bedroom home.

Um, That's where I went.

At the last meeting, I heard Michael Rex say there are no other options. They're out of options.

The backyard is not an option. They're out of options.

That concerns me when you go into how do we make something work when you're out of options. I'm not sure you're going to come to a negotiation.

I'm I'm on the property line here with, I like this project in so many other areas. I don't mind the bottom floor.

I get that that has to happen. I'm not crazy that it goes from zero lot line almost on one side to a three foot fringe on the other. That's part of the neighborhood.

My thing just is.

It's a little tight, you're on 420 and it's tight.

for a single family. So in that relevance, I'll let you guys decide. And we can talk about other items if that comes up.
04:07:52.76 Joan Cox So Joe, I'm with you, I'm on the fence, and I'm on the fence about the second story of the Western edition. If Michael Rex had an opportunity to settle this for nine inches, I would have seized it.

I, I, um, I can't believe we're here over nine inches.

So, I am.

This is a project that is subject to heightened review.

All night long people have been talking about, I could have built this or I could have built that.

Our zoning ordinance sets parameters. It sets maximum parameters. Just because your project fits within the maximum parameters doesn't mean that your project should automatically get approved. That is the purpose of design review. The purpose of design review is for someone to take a look at how that project fits in the neighborhood, fits on the street, fits on the lot. That's the purpose of design review, to use judgment. And design review is important in Sausalito, as someone said earlier tonight, to protect this jewel of a city that we have.

When, and we enacted, Michael Rex helped write an ordinance several years ago to preserve Um.

the jewel of a city that we have by not allowing huge single family homes on R3 or multi-family or multi-family lots. We wanted to encourage multi-unit homes on multi-unit lots. So I would be happier if this was a multi-unit home.

that we could house three families.

Instead of a single family home taking up Over 80% of the students.

of the building coverage permitted under the code. But because it does take over 80% of the building coverage permitted under the code, it is subject to more stringent design review standards. Those are the heightened design review standards.

I don't have an issue with most of the design review or the heightened design review standards.

except for the second story of the Western edition.

And I very honestly, for all the banter about the first floor, I don't think.

that Mark Rushford, if we said tonight, lop off or scale back the second story.

would have a huge objection to the first story. That's my impression from watching all the tapes and reading all of the and reading all of the emails.

But I think Morgan Pierce characterized this as a mansion on a postage stamp.

viewed in a vacuum.

This is a gorgeous house. Even viewed in these renderings, This is a gorgeous house, but when you view it right next to 420, it to me looks looming.

on that side.

I would not like to walk up a dark staircase.

At night.

that close to something right there. And the entrance to this house is on the side, it's not in the front.

Those are the parameters that this applicant is working with. They bought this house knowing that the house next door had its entrance way on the side, not in front as is traditional for homes.

I appreciate the respect accorded to the backyard neighbor.

But the backyard is a solution. The backyard, there's lots of room between the houses in the back.

So the backyard is a solution that has not been considered perhaps because this was a two phase project and the foundation was already poured in phase one.

So I don't know why the backyard is I'm not clear about why the backyard is infeasible, but if the backyard is infeasible, Some give should be given.

on the fourth bedroom, on the second level, of the Western edition. I do appreciate many of the other project revisions made. The photo switch roller shade for the pyramid skylight, the black painted wooden louvers. I much prefer the shed roof design over the gable or the flat roof.

I appreciate pulling the garage back to the level of the retaining wall.

Whatever action we take tonight, I do think.

I would be in favor of approving the...

Encroachment agreement.

Um, Let me just make sure I've covered
04:13:05.94 Joan Cox Yeah, I think there's, I think there's too much bulk. I stood in Mark Rushford's upstairs room this afternoon. I also stood upstairs in the applicant's house. The upstairs has a phenomenal, huge, roof up above, which makes the small area feel much bigger. So I am confident that some design could work.

to scale back the second floor or eliminate the second floor, I still think the second floor of the house would be a huge and workable space. So those are my initial thoughts.
04:13:45.97 Unknown you
04:13:50.95 Susan Cleveland-Knowles Okay. So I just want to, I think, start out from a place of, I want to thank the planning commission and the planning staff for, five long hearings and to me this is a it's a tight and a complicated space and it's very close neighbors and there's a long history here and i don't you know know who said what to who, when, or want to take sides on that. But I just know that it's very fraught. And I think that the planning commission struggled with all of those issues.

And they struggled repeatedly and they struggled long and hard and my kind of overall, opinion is that we appoint people to our planning commission to do this this work and unless they have done something that I feel is really unconscionable that I would like to uphold our planning commission.

And this was not an easy decision, and I really respect what Joe and Joan have said. Joe, I would have loved to have gotten your data and your numbers to consider as part of this process. But I only have what we have here.

I feel like overall this project had to contend with a lot of pressure to move the garage back, which I think was definitely the right decision. You have an uphill neighbor, that also has strong opinions about what's going to happen in the back. And then you've got a very close neighbor to the west. So it is complicated. In my kind of balancing of all these interests, The project, especially on the upper floor, meets the setbacks.

It's greater than the setback. I did also stand in Mark's several rooms.

The thing that I appreciate about this project is that it really went to great lengths to appreciate the most amazing thing about Mark's house, which is his front and angled view to the bay. And that that is what I noticed and that I felt when I was in his house. And that has been 100% retained at with a lot of work from the applicant.

I also went to the upstairs and did look out the window, and it is true that the upstairs is right there. But the upstairs is right there now. It's farther away, but you are looking at a wall from that room, and you're also looking at the bay. So there is definitely impact to Mark. I take nothing away from that. I'm very empathetic. But given all of the other constraints, I feel like the Planning Commission reached a reasonable compromise.

I'm I also wish, actually, that this house in a multifamily zone could be multifamily. We were just having a discussion before this item.

that we want to encourage more housing in Sausalito where it's possible. So an ADU or a second unit would have been good here. But I don't think, I mean, given how hard this project has been to get through, I'm not sure that was realistic Um...

I thought this project would not come to us, and I'm disappointed that we're here.

I really thought when I talk the applicant and I talked to Mark and I looked at all the situation that there would be something worked out.

so that, You know, I...

I don't know where that negotiation broke down and why that wasn't possible, but I do feel like there was room to compromise. In terms of the backyard, I do feel I, have raised two children in Sausalito, and having outside space outside your kitchen is incredibly important.

and the side yard is outside the bedroom level. And so you can't, especially raising small children, We fought hard, we actually bought property from our neighbor in order to have a tiny little space outside the kitchen, and that was just turned out to be great. So I understand why why they would fight for that backyard space, and in addition, to the fact that the uphill neighbor, I think we would be hearing hearing a lot more from them if there was building into the back. So weighing all of that, I mean, this is really tough. And I would lean towards upholding the Planning Commission finding that the square footage of the house is reasonable I understand the numbers that Joe has are different, but it is within the average. And on the upper floor, the setback, bless you, is well within code. So for those reasons, I would lean towards approval, although I did struggle with this and I have a lot of empathy.

I also want to just say I did really appreciate all of the neighbors and the public who spoke on all sides of this, I think everyone had very valid points about what their neighborhood means, about what neighborhood character in Sausalito means. I think we all take that very, very seriously.

But we also have a lot of constraints, and I think we need to recognize that as well.
04:19:37.36 Ray Withy Um, These are never easy.

dealing with people's lives and it is a balancing act so I really appreciate the vice mayor's sort of recognizing that this is not easy and we're trying to balance
04:20:01.25 Kirsten Thomas I see.
04:20:07.16 Ray Withy Uh...

A whole bunch of stuff that doesn't necessarily end up with a perfect outcome.

Um.

I actually would have preferred a multifamily on this lot as well. I mean, we need them.

Um, But regardless, it's really difficult, really difficult to walk up and down Napa Street and Honestly say to yourself, This is out of character and with the neighborhood. I mean, just walk up and down Napa Street. You just... It's...

Still, when it's finished, I think it will be...

a...

you know, actually a really modest house I'm I'm a little...

I was a little disturbed as I kept listening to all the various commentaries in listening to the Planning Commission meetings, Thank you.

that this was almost being portrayed as a McMansion, the thing that we actually put a whole ordinance in place to stop. I mean, it's not that. That's just not fair.

It's just not fair, it's not what it is.

the I mean, rightly, the issue is about this upper floor Western edition. That's what this is all about, okay? I think the staged approach, the fact that there's the...

what the hell you call it, the point, whatever it is, into the thing. So all a bunch of red herring.

It's not...

particularly Um...

relevant if you If the Planning Commission really in the end, I, I understood the narrative that was being developed at the Planning Commission that the staged approach was almost like forcing them into a way, I don't buy that.

I just don't buy it. If I thought something didn't happen and somebody had to sink 50 grand into redoing a foundation, so be it. You know, that just isn't part of the, um, The garage is...

I can understand it was eventually moved back. It's lost a parking space.

which is unfortunate.

Um, Two-car garage would have been very helpful there to clean up the street a bit more.

Um...

But because of it, it's now unfortunately really only a one car garage.

So that means there's going to be another car on the street.

Um...

So I was less concerned about moving the garage back.

But I see it's a better design, so it's overall, um, uh, Chair Pierce, I think, got it quite right that this moving this back, in his mind, Did significantly change the overall massing from the streets.

And I agree with that.
04:23:28.55 Kirsten Thomas You know,
04:23:29.54 Ray Withy Thank you.

I am very much leaning towards denying the appeal and upholding the Planning Commission's view.

the Planning Commission took a methodical carefully at times protracted maybe approach of you know trying to get this through trying to work through a solution The only reason they proposed at one point to come back with a resolution for denial was because Michael forced a decision.

OK, they wanted to really continue it that night.

I mean, it's very clear from the tape. But we're in a de novo thing. And so I've used the Planning Commission as a way to help me get more educated quickly on really actually a fairly complex project, I think. So, I am going to vote to deny the appeal and to uphold the Planning Commission's view, which itself, apart from one skylight, would have been a unanimous 5-0 decision on their part.

other than the skylight, which we haven't mentioned tonight.
04:24:57.12 Unknown Yeah.
04:24:58.31 Joe Burns Mary, I have a question for you.

Thank you.
04:25:01.29 Unknown Thank you.
04:25:01.75 Joe Burns In that we are a body of four tonight without Councilmember Hoffman here. Given an appeal like this and we were to come up with a motion.

Where does a 2-2 on different motions lie?
04:25:22.20 Mary Wagner A 2-2 is a non-action. It results in further discussion amongst the council members or potentially a continuance until you have a fifth member of your council to hear it. We don't have anything specific in our municipal code that deals with the 2-2 of the council, so it results in a non-action.
04:25:53.93 Susan Cleveland-Knowles Sure.
04:25:55.19 Mary Wagner Yes. This issue has come up in the past on contentious appeals and was researched, particularly on the PEATS proposal right down here. We could certainly look at adopting an ordinance and putting a provision in the municipal code that was different, but we don't have that.
04:26:06.83 Kirsten Thomas Yeah.
04:26:19.37 Mary Wagner We have it with respect to the Planning Commission and the HLB, but that's contradicted by another provision in the code dealing with the Planning Commission, which is something we should address in the future. It's not the issue that's in front of you tonight, but a 2-2 is a non-action.
04:26:37.14 Ray Withy May I make a comment?
04:26:39.91 Joan Cox That does not mean the Planning Commission decision stands.
04:26:44.47 Mary Wagner No.
04:26:44.72 Joan Cox Thank you.
04:26:44.82 Mary Wagner No, that's not what I'm saying. I'm saying there are specific provisions in the zoning ordinance that say a 2-2 vote of the planning commissioner of the HLB is a denial. That is not the situation you have tonight. And the planning commission decision stands as it was enacted.
04:26:47.64 Joan Cox Ours was so good.
04:26:48.23 Kirsten Thomas you
04:27:02.67 Mary Wagner So if we vote 2-2 tonight, what happens next? It's a non-action. You have to have further discussion and consideration, or you can continue until you have a full council.
04:27:11.36 Ray Withy man.

I know nobody's going to want to hear this.
04:27:17.07 Joan Cox I know. I almost like
04:27:17.20 Ray Withy I know.
04:27:19.23 Joan Cox not taking action and forcing these parties to figure this out because they've had an opportunity to
04:27:22.86 Ray Withy Right.
04:27:26.17 Joan Cox And there's no, and they're going to be neighbors.

And They've heard how close we are and either one of them could ultimately prevail.

And so it might just provide a little bit of incentive to be reasonable with one another.
04:27:41.45 Ray Withy I was going to say that You know, even though nobody's going to want to hear this, I would be.

Very uncomfortable in light of the fact that we're in a 2-2 situation. I would feel more comfortable actually proposing a continuance and re-hearing this with a full council would be my, in light of where we are. I'd sooner get it over and done with and, you know.

But, you know, In all fairness to everybody concerned, I know it's going to burn another two hours of council night, but it is people's lives here that matter.

I would be comfortable saying we continue this until we got a full council.
04:28:23.57 Unknown you You're right.
04:28:24.10 Daniel Boling I would say.
04:28:24.15 Unknown Thank you.
04:28:30.97 Ray Withy But I'm also saying, but if we vote 2-2.

We're in that boat sort of anyway, basically.
04:28:38.46 Joe Burns Uh-huh.

Thank you.
04:28:40.63 Ray Withy Yeah.
04:28:40.65 Joe Burns Right.

So I just, I just wanted to follow up, um, because I, I started and then we had kind of around, I want to go with a couple more items that I don't think is going to change either two, but I want to say them because one of them might lead to a motion anyway. Um.

We had.

Oh, the statement that it was never denied. I get that Planning Commission never...

denied it based on signing a resolution.

But there was one sentence left out of that whole dialogue that was mentioned at the Planning Commission where they The planning commission said, what's next, and staff said, a resolution of denial at which time you will get to Appeal that. That's just kind of one more statement saying it wasn't just a, we're going to give another bite of the apple. That it was, at that point, the commission had intended to deny.

And they had intended to deny on 7 and 13 that granted it's not view and it might not always just be sun.

but crowding.

was the issue that I think so if we do get to a motion I would even go with seven being less is important but I think crowding exists because of the door entry that you brought up. It's not a front entry like other properties. It's a side entry.

It was positioned that way, just like 418 was and how the other property was built.

I think we really just got some information that I believe was sold beautifully throughout meetings, but it wasn't really relevant.

And and the commission bought it, that this was just an average House, because the term house was used over and over again.

And it's not a average single family residents. It's well above well above.

average single-family residents for the Newtown neighborhood now we have Filbert, Casno, we have a lot of addresses.

1713 bridge we have a lot of numbers in here that change that average but I'm not trying to compare this to 1713 bridgeway or 112 filbert I'm comparing this to the neighborhood that we would most likely say is the neighborhood. So if we do go into future rounds of this, I think it is relevant that the planning commission's intent was a denial based on 7 and 13. The wording might not have appeased legally, but that was what their intent was because the words, you're going to have an appeal process for 10 days came up.

um, So that's where I am. Now, could something still come of this? I'd hope so. But during these meetings, we heard that we can't get rid of the fourth bedroom.

because we need the fourth bedroom.

but we came and move it into the house for the big area because the dining table went fit so we're talking about a lot of things that don't always come on a 39 square foot lot 39 square foot lot in Newtown area like a fourth bedroom and getting your dining and all that I get it those are problems that you want to work out but those are the items to me that I'm comparing with the crowding issue of very specific property that was oriented long before this property application came about where the front door goes to the side. And when you go out, you're going to be looking at a wall. So I'm My appeal would be I can even hold seven, or my vote would be I can hold seven. I just can't do crowding yet. If it came back a few feet, maybe I could.

If it was six feet, I'm not sure four, but when I'm in Mark's house or when he's on his deck, I see a spot where I kind of think, that would probably work. That doesn't. That probably would.
04:32:34.54 Joan Cox I agree. I don't think the whole second floor has to.
04:32:37.05 Joe Burns I don't either, but I've been hearing that there's no other options and we can't get rid of the dining room table. So I just hope that whatever action we take here does come to a solution where we can get these people the house they want and they deserve. But, um,
04:32:37.07 Joan Cox I don't either.
04:32:49.90 Joe Burns We're here tonight because of that inability to move.
04:32:55.61 Joan Cox It breaks my heart not to take action on this. I mean, on the Planning Commission, we rarely ever did not take action.
04:33:06.50 Ray Withy Well, I mean, of course I agree. I mean, let me make things clear. I can make all the findings, and I can make all the heightened design review findings. So, you know, I don't have the same problem you have.

and you know?

I can make the phoenix.
04:33:23.56 Joan Cox My issue is with the crowding and with the lack of space between the properties.

That's my issue.
04:33:32.35 Susan Cleveland-Knowles you
04:33:32.40 Susan Starnow Thank you.
04:33:32.45 Susan Cleveland-Knowles Thank you.
04:33:33.67 Joan Cox I have an issue with the ground floor. I don't think they have an issue with the ground floor, so I'm willing to overlook the issue with the ground floor, but I have an issue with the ground floor as well.
04:33:44.76 Joe Burns I'll throw out a number that I have a problem with six feet of the upper.

And that's it.

And Even if it was a foot out and six feet in, six feet of the Western Edition moving back towards the backs of the property. So as you look from Mark's front door up at the property moving it back, moving that Western Edition back six.

for I looked at and I also looked at or guess for I just kind of eyeballed you know this much It was still right there in the window, though his view is this way, so it didn't have to be lined. It was kind of right here. You're not seeing something right there. And moving it back four to six was in that realm.
04:34:24.29 Ray Withy Thank you.
04:34:24.41 Joan Cox .
04:34:24.55 Ray Withy THE END OF THE END OF THE
04:34:28.09 Joan Cox When we were on the planning commission, we used to say we don't want to design from the dais. Because it's, these guys are the guys most capable of doing that work, not us.
04:34:30.84 Joe Burns right from the dais.
04:34:38.52 Joe Burns Yes.
04:34:39.03 Joan Cox I know. That's what's so frustrating to me.
04:34:48.85 Joan Cox You know, I,
04:34:50.01 Susan Cleveland-Knowles I think we have to make a motion to continue.
04:34:57.59 Joan Cox I'm looking at a chart that shows 17 immediate neighbors opposing this project.
04:35:08.00 Joan Cox I'm just.
04:35:20.49 Susan Cleveland-Knowles Yeah, I think we all read all the correspondence.
04:35:24.35 Joe Burns All right, so let's narrow in on a vote of 2-2 and let the chips fall from it.
04:35:31.98 Joan Cox I'm going to move we continue this item to a date when all five council members are present.
04:35:38.34 Joe Burns I'm not okay with that because that's where we're heading anyway, but just by doing a vote of continuance, does that automatically put it into our domain and not push them to negotiate further.
04:35:47.13 Joan Cox They can withdraw their appeal anytime if they reach an agreement.
04:35:57.58 Joe Burns Yoda.
04:36:02.22 Joe Burns Can you use something right now?
04:36:04.29 Ray Withy Thank you.

Oh.
04:36:05.48 Ray Withy THE FAMILY IS
04:36:05.68 Ray Withy Bye.
04:36:05.81 Ray Withy Thank you.
04:36:05.93 Ray Withy Thank you.
04:36:06.02 Ray Withy Thank you.
04:36:06.03 Susan Cleveland-Knowles Thank you.

Order of 12th.
04:36:07.55 Joe Burns Yeah, okay.
04:36:08.06 Ray Withy Let me get the resolution.

I'm not convinced.
04:36:13.09 Susan Cleveland-Knowles Can you guys just move to the slide?
04:36:16.85 Joe Burns Thank you.
04:36:17.22 Susan Cleveland-Knowles Thank you.
04:36:20.21 Joe Burns So just go with three, huh?
04:36:22.72 Joan Cox I'm doing it to a date uncertain to be determined by the agenda setting committee, a date that all five council members will be here. And we're going to have to do a poll because I think our council members' absence tonight was unexpected. So we're just going to have to ensure, and it's unfortunate.
04:36:42.21 Joe Burns All right, well, I think we've spoke about how close we are to a closeness to it. So you want to make your.

Proposing three, you second?

Let's roll call on three.
04:36:55.36 Joan Cox I'm sorry Dennis sorry
04:36:60.00 City Clerk Councilmember Cox.
04:37:01.50 Joan Cox Yes.
04:37:02.94 City Clerk Councilmember Withey?

you
04:37:04.52 Ray Withy Yes.
04:37:05.79 City Clerk Vice Mayor Cleveland Knowles? Yes. Mariburns?
04:37:07.22 Joe Burns Yeah.
04:37:08.71 City Clerk Thank you.
04:37:08.72 Joe Burns Thank you.
04:37:08.74 City Clerk Thank you.
04:37:08.76 Joe Burns Yes.
04:37:14.38 Joe Burns No, we're not going anywhere.
04:37:16.62 Unknown Yeah.
04:37:16.64 Joe Burns I'm not.
04:37:16.92 Unknown Thank you.
04:37:16.94 Joe Burns Yeah.

Thank you.
04:37:17.04 Unknown Thank you.
04:37:17.08 Joe Burns Another item.
04:37:17.67 Unknown Thank you.
04:37:17.74 Joe Burns I'm going to go.
04:37:17.80 Unknown I don't know.
04:37:20.32 Joan Cox Thank you.

Thank you.
04:37:34.15 Ray Withy We just burned another two hours. He can't. I know.
04:37:38.46 Joan Cox I know.
04:37:39.06 Ray Withy I'm working my per hour right away down.
04:37:49.58 Adam Pilger Thank you.

actually.

I'm broken out, please.

you Thank you.
04:37:55.47 Lily Whalen Are you ready? Yeah, we're ready.
04:37:55.47 Joe Burns Are you ready? Yeah, we're ready. Great. We're ready to start. We have this last item. So for your.
04:37:57.97 Joan Cox Thank you.
04:37:58.34 Lily Whalen Thank you.
04:38:00.60 Crystal Gift Thank you.
04:38:02.15 Joan Cox Thank you.
04:38:02.20 Crystal Gift Thank you.

Thank you.
04:38:03.03 Lily Whalen Thank you.
04:38:03.06 Crystal Gift Excuse me.
04:38:04.38 Joe Burns we're going to thank you thank you
04:38:06.12 Crystal Gift Thank you.
04:38:06.13 Lily Whalen So where are you?
04:38:06.60 Crystal Gift Thank you.
04:38:10.06 Lily Whalen Thank you, Mr. Mayor, council members. This last public hearing item this evening is on the extension of an interim urgency measure for fees for ADUs and JADUs.

As you recall, on February 5th, the council adopted permanent fees for ADUs and JADUs. But there's a gap between when the ordinance went into effect and when the permanent fees go into effect.

So the council adopted interim.

ADU and JADU fees to cover that gap. So tonight's hearing is a request to extend those fees to continue to cover the gap.

So these are the fees that were recommended and adopted by the Council.
04:38:47.14 Unknown These are the...
04:38:51.95 Lily Whalen And our staff recommendation is to extend the interim ordinance. And you will see us again for a second extension in a couple meetings' time. I'm available for any questions you may have.
04:39:08.71 Susan Cleveland-Knowles I was just going to make a motion. Well, you're.
04:39:11.91 Ray Withy We have to hear.
04:39:12.77 Joan Cox and we're going to have a
04:39:12.82 Susan Cleveland-Knowles if there's public.
04:39:12.84 Joan Cox Thank you.
04:39:12.91 Ray Withy I was going to ask a question of Lily.
04:39:13.33 Unknown Thank you.
04:39:13.43 Susan Cleveland-Knowles Thank you.
04:39:13.48 Joan Cox Thank you.
04:39:13.51 Unknown I was just...
04:39:13.97 Susan Cleveland-Knowles Yes.

Oh.
04:39:16.65 Kirsten Thomas Thank you.
04:39:18.76 Ray Withy So...

you You're going to be back again in a couple of meetings, but then...

the permanent thing will kick in and so we won't be seeing you again on this topic.
04:39:28.04 Lily Whalen Yeah, you'll have me back just to cover a couple of days time.
04:39:31.28 Ray Withy Okay, got it. I recall that. Yeah, thanks.
04:39:36.31 Joe Burns Any questions, is there any public comment on this item? Public comment on JDU, ADU fees, seeing none, closing public comment.
04:39:42.98 Joan Cox I'll see you next time.

I move we adopt the extension of the interim measure, attachment one by four fifths vote. Interim fees would be in place from February 26th through March 28th.
04:39:51.99 Susan Cleveland-Knowles Second.
04:39:52.66 Joe Burns Call in favor. Aye.
04:39:57.86 Joe Burns We, at least we don't have the city manager's report.
04:40:00.48 Joan Cox That motion carries four zero.
04:40:01.90 Joe Burns Yeah, that carries 4-0.
04:40:02.52 Joan Cox THAT'S A GOOD THING.
04:40:04.17 Joe Burns Stash, gentlemen.

We did interview some candidates tonight for the general plan update committee.

We interviewed, I think, six or seven. We have a few more to go, so no appointments or placements tonight. City manager is not here for a report. Future agenda items we will put on...

Blue Ribbon Task Force to GPAC.
04:40:35.90 Joan Cox And Mr. Mayor, we did hear some comments this evening from the public about considering an amnesty for those who offer their house as a short term rental for people affected by the flood or by the disaster.

I don't know if that's something that we want to consider in a future agenda item. We heard some other recommendations.
04:40:53.14 Joe Burns I don't know.
04:40:57.94 Joan Cox I'm
04:40:58.80 Joe Burns We could, we could throw it on there and just appoint staff to not code enforce on that situation.
04:41:00.43 Joan Cox Yeah.

To not code enforce on that limited situation.
04:41:05.77 Ray Withy Nobody's charging rent, I don't know what the issue is.
04:41:08.62 Joan Cox Yeah, no one's charging rent, but if someone wanted to charge a minimum rent for 25 days, I would not want to fine them. So I just want to make sure staff knows not to enforce against people assisting people from the flood.
04:41:24.62 Joe Burns Thank you.

Anything else? We are adjourned at 11.50.