City Council Mar 19, 2024

City Council Meeting Summary

Time	Item	Item Summary	Motion Summary	Comment Summary
00:00:03	None: None	The meeting is called to order and the City Clerk begins to call the roll. The City Manager Zapata is mentioned to have a comment to read.	No Motion	0 Total: 0 In Favor 0 Against 0 Neutral
00:00:31	I: CALL TO ORDER & ADJOURN TO CLOSED SESSION	The meeting was called to order and the council adjourned to a closed session. The City Manager noted that Councilmember Hoffman would be arriving late due to a prior commitment (00:00:33). Councilmember Cox questioned the City Manager comment about schedule being uncertain and reminded everyone that a resolution was passed last year to have meetings on the first and third Tuesdays of every month (00:00:54). Vice Mayor Kelman said that only a limited number of meeting dates were posted on the city council website, perhaps leading to the misunderstanding (00:01:17). The closed session items included Conference with Real Property Negotiators regarding 100 Spinnaker Drive and Conference with Legal Counsel regarding significant exposure to litigation (00:01:44). After the closed session, it was announced that there were no announcements and the meeting reconvened in open session (00:06:15).	No Motion	2 Total: 0 In Favor 0 Against 2 Neutral
00:02:28 Steven Woodside was Neutral: Addressed potential conflicts of interest related to the historic district and urged councilmembers to vote on all related items, citing the 'public generally' exception to conflict of interest rules (00:02:28). He argued that the historic district affects the public generally, which should allow councilmembers to participate and vote, even if they live nearby (00:02:59). He suggested that including or excluding a parcel as an opportunity housing site also affects the public generally (00:05:20). 00:04:28 Joan Cox was Neutral: Asked Steven Woodside to distinguish between voting on matters concerning the historic district in general versus voting on matters concerning a specific property, referencing the bright line rule regarding proximity of a councilmember's home to another home (00:04:34).
00:06:48	2: ACTION MINUTES OF PREVIOUS MEETING	Councilmember Spiegal moved to approve the action minutes from the previous meeting. After the motion, the council voted in favor.	Motion to approve the action minutes from the previous meeting (00:06:48).	0 Total: 0 In Favor 0 Against 0 Neutral
00:06:54	3: CONSENT CALENDAR	The council is considering the consent calendar, which includes several items expected to have unanimous approval (00:06:54). The items are: A) Approval of the purchase of three replacement police administrative vehicles (00:07:24), B) Adoption of a resolution authorizing the city manager's funding agreement with Marin County for the design of the Marin ship large trust capture project (00:07:29), C) Receiving and filing a report on the status of the ferry land site improvement project (00:07:36), D) Adoption of a resolution authorizing the city manager to approve the purchase of a city hall operating system certificate not to exceed $43,450 over three years (00:07:43), E) Adoption of a resolution authorizing the city manager to approve the purchase of a police department operating server at a cost not to exceed $38,638 (00:07:43), F) Authorization for city staff to issue proposals for a comprehensive user fee study and development impact fee study (00:07:43), and G) Receiving and filing the 2023 annual Housing Element Progress Report (00:07:43). Councilmember Kelman thanked staff, specifically Kevin McGowan and his team, for their work on item 3P (00:08:26). Councilmember Cox directed staff to examine the grant language for the ferry landing improvements, emphasizing that the original understanding was that it would cover repaving parking lot one (00:13:04).	Motion to approve the consent agenda (00:14:01). The motion passed with a unanimous aye vote (00:14:05).	3 Total: 1 In Favor 2 Against 0 Neutral
00:09:05 Peter Van Meter was In Favor: Expressed pleasure with the Ferry Landing Improvement Project report (item 3C) and suggested exploring additional funding sources, such as the Tidelands Fund, to potentially complete the entire project in the first phase (00:09:05). 00:10:00 Unknown was Against: Raised concerns about item 3C, the ferry landing project, specifically noting the resurfacing of parking lot one is not included (00:10:00). They expressed worry that grant money might be shifted to bicycle parking and sidewalk widening instead of repaving the parking lot (00:10:19), arguing that the parking lot is an integral part of the ferry landing improvement. 00:11:20 Kieran Culligan was Against: Stated that the grant language is specific to improvements for pedestrians, bicycles, and safety, including expanding the promenade (00:11:20). He believes it would be a tough sell to use the $2 million for paving the parking lot and that it should come from general funds instead (00:12:20). He agreed that the grant language needs to be reviewed but disagreed with the previous speaker, stating that the parking lot is not an appropriate use of the grant funds (00:12:49).
00:14:26	4.A: Appeal of a Planning Commission Decision Approving Design Review and Encroachment Permit 2023-00013 for 426 Pine Street; (APN: 065-054-11)	This agenda item concerns an appeal of a Planning Commission decision to approve a design review and encroachment permit for a property at 426 Pine Street. Kristen Tyke, Principal Planner, presented the staff report, outlining the proposed expansion of a single-family home into a larger residence with an ADU. The Planning Commission initially approved the application in October 2023 (Resolution 2023-21), but the decision was appealed. The City Council previously reviewed the appeal in January 2024, identifying concerns with side yard setbacks and subjective design standards related to light, air, and privacy impacts on neighboring properties. The council suggested the applicant meet with the appellants and redesign the project. The applicant chose not to propose design modifications but agreed to remove the rear decks to conform to side yard setback requirements. Staff provided resolutions for both upholding the appeal and overturning the Planning Commission decision, with the latter including a condition for deck removal. The appellant argued the project should be rejected and the municipal zoning code should be defended. The applicant's attorney, Stephanie Stryka, argued that the project is protected by the Housing Accountability Act (HAA) and that the city is illegally requiring the removal of a JADU and reduction of the ADU size. The City Attorney, David Wagschal, rebutted by citing the Rosnitsky versus County Marin case, stating that the HAA doesn't apply to single unit housing projects. Councilmember Kelman suggested adjusting the setback for the third level on the south side to increase light and air. The city attorney confirmed the Planning Commission has the discretion to impose more restrictive requirements under heightened review findings. Councilmember Cox stated that she would like to see more collaboration between the project proponents and the opponents, as she has not enjoyed reviewing the posts on Nextdoor. Councilmember Cox stated if the project is approved she hoped that the neighbors would be able to build bridges rather than walls between them.	Motion to approve the resolution denying the appeal and approve the project with the following additional conditions: removal of the decks and increasing the south setback of the third story an additional 10 inches from five foot three inches to six foot one inch. (00:58:35)	9 Total: 4 In Favor 5 Against 0 Neutral
00:32:41 Unknown was Against: A resident of 425 Turney Street expressed concerns about the height of the proposed building, which would obstruct their view and reduce sunlight during winter. They felt the project was too large for the lot and out of character with the neighborhood. 00:34:00 Ray Swanson was Against: Mr. Swanson stated the applicant had not contacted him and therefore did not meet the criteria for the continuance. He argued that the project fails to maintain the prevailing character of the neighborhood. 00:36:17 Unknown was In Favor: An attorney for Yes My Backyard voiced support for the project, stating it is an HAA project and they disagree with the project opponents characterization of Resnitsky. They stated that if a low income condition is put on the ADU it would make it 50% affordable. The attorney also stated that it was in the cities best interest to approve the project because the city does not have a compliant housing element. 00:38:03 Danielle Dubitz Graham was In Favor: A resident of Sausalito urged the council to deny the appeal and approve the project. She stated that the project is in compliance with all objective municipal codes and the Beyer family has made ample accommodations to address the appellants subjective concerns. She also stated the complaints were ambiguous at best. 00:40:04 Mike Gwynn was In Favor: A resident of 115 Solstead supported the project, arguing that the subjective standards were being applied over objective standards and the planning commission's decisions were overruled. The speaker also questioned the objections around the character of the neighborhood as well as the ridiculous fire issue from Joan Cox. 00:41:50 Peter Schmidt was In Favor: A resident and homeowner on the north side of town voiced support for the project. The speaker said that he agreed with previous speakers and is concerned about the precedents that this would set because he is worried families would be denied. He also believes the Planning Commission made an objective decision. 00:43:39 Unknown was Against: Sam Chase of 19 Bonita submitted concerns over views back in January of 2023. The Planning Commission never even considered those view concerns. He stated those two items alone were enough to toss this 5-0 planning commission that was made. He questioned what kind of 5-0 vote is that because two women on the commission had difficulty defending the process. 00:45:56 Unknown was Against: If this was a housing development, then they should have said, this is a housing development up front. This is the regulatory environment. We're going to do it. But the proponent's website says renovate for 26 Pine Street. The website is not in compliance with what's on the table. 00:46:40 Michael Rex was Against: Representing Conrad Gann who lives next door. Said project would never have taken so long had they been cooperative and worked with their neighbors in a reasonable fashion. You don't need to feel bad that this took a long time it took a long time because of the applicant's approach
01:01:02	5.A: Project Application #2024-00019; Study Session for Zoning Ordinance Amendment: Adoption of More Comprehensive Objective Design and Development Standards (ODDS) and Form-Based Code	This was a study session to review draft Objective Design and Development Standards (ODDS) for new development projects. Brandon Phipps introduced the item, noting the ODDS would apply to developments with two or more new dwelling units in multifamily and non-residential zoning districts. He highlighted two areas where staff sought council feedback: objective standards for historic resource preservation and objective standards for public and private view preservation, noting that objectifying these standards could be challenging and increase costs and time. Neil Toft provided a history of the ODDS, noting that state housing laws limit local government discretionary review authority. He also noted the city was working with consultants to update the draft ODDS to address increased densities allowed in the housing element. Bob Brown then presented details of the draft ODDS and form-based code, covering the scope of projects to which the ODDS would apply, and describing the Marin County ODDS toolkit. Discussion focused on the height limits, the integration of design guidelines, and other standards to address specific community concerns. Councilmembers requested to see the comments from Planning Commissioner Marlott and also requested that the working group include a member from the Historic Preservation Committee.	No Motion	13 Total: 2 In Favor 7 Against 4 Neutral
02:20:52 Sophia Collier was In Favor: Thanked the council for using a study session approach. She supports the idea that some defined parameter to set an objective is better than nothing. 02:22:53 Linda Fodge was Against: Claims the staff report incorrectly listed her properties as registered historic properties after she submitted a housing application, which violates rules regarding freezing standards at the time of submittal. 02:25:06 Hank Baker was Against: Expressed concern that the ODDS would negatively impact the feasibility of new housing development. He disagreed with the 600 square foot unit size assumption and said the proposed standards may discourage rather than encourage development. 02:27:26 Ed Braikman was Neutral: Highlighted the lack of public awareness about the ODDS and emphasized the need for better communication. He advocated for a more sophisticated overlay that addresses the unique characteristics of the 48 opportunity sites. 02:29:31 Michael Rex was Against: Expressed disappointment with the Planning Commission's receptiveness to input and argued that the ODDS failed to adequately protect views. He said that more aesthetic consdieration is needed and he recommends creating a peer review design committee to work on the document. 02:31:36 Steven Woodside was Against: Main concern is the historic district, arguing the state law doesn't require putting opportunity sites within it. He said to take it out, cut your losses. 02:33:28 Daniel Shudu was Against: Feels ODDS have little control in historic districts and may lead to destruction. Thinks no housing opportunity site should ever be put in a historic district. He said to remove the housing opportunity sites and assign the historic districts back to its original zoning. 02:35:15 Peter Van Meter was Against: Lamented state government's control and complexity of ODDS. Feels Sausalito should maximize the little things they are able to do. 02:36:37 Jeffrey Conan was Neutral: Had questions regarding the lack of architectural design standards and said he encourges the town to use those design standards to better protect historic resources that aren't yet historically designated. 02:38:53 Vicki Nichols was Neutral: Wanted to put to rest the discussion of Builder's Remedy. Says to add a member from the HPC to the working group. And that the subcommittee for the planning commission, do not have historical preservation experience. 02:43:29 SPEAKER_01 was In Favor: Strongly felt that we not not do anything just because its hard. Thinks it should protect a lot of its height and it shouldn't involve demolition of historic buildings, and if it doesn't we will change the face of our historic district 02:45:45 SPEAKER_12 was Against: Claims that views can be significant factors in purchasing real estate, and that loss of view equates to loss of property value. Expressed concern that a two unit building can arbitrarily block the view. Asks to suggest a program of tax relief for those citizens whose properties have suffered losses as a result of these changes. 02:47:12 Unknown was Neutral: Believes it is urgent to establish objective standards to evaluate view and historic district preservation. Thinks we are literally throwing away our historic district protection to gain a few more units.
03:02:30	5.B: Discussion and Approval to Release the Request for Proposals for the 2024 Building Facility Assessment Study	The council discussed and ultimately approved the release of a Request for Proposals (RFP) for a 2024 Building Facility Assessment Study. Public Works Director Kevin McGowan presented the need for the study, highlighting the city's vast infrastructure assets across transportation, properties, public spaces, and utilities (03:03:31). The study aims to identify deficiencies, estimate repair costs, and aid in future fiscal planning (03:05:03). McGowan suggested delaying the RFP release until Climatech's energy efficiency study is reviewed to avoid duplication (03:06:28). He also proposed separating tasks related to structural reviews into a separate RFP (03:08:50). The City Manager added that the draft RFP aims to merge work with Climatech, assess city-owned buildings, develop a facility assessment report, and bring a final report to the council, with an anticipated timeline for release in mid-April and consultant selection after May 30th (03:10:51). Councilmember Kelman requested that the assessment include waterfront properties and saltwater intrusion, and McGowan agreed to refine the RFP (03:15:22). Councilmember Speigal inquired about Climatec's capabilities for broader facilities assessments (03:16:28). Councilmember Cox raised concerns about potential conflicts of interest when hiring existing consultants (03:17:06). Councilmember noted the ASTM 2018 standard and a 10-year assessment outlook should be included in the RFP (03:17:52), and requested a comprehensive list and map of all city-owned properties (03:19:18). McGowan agreed to provide existing information and collaborate with the planning director for additional details (03:19:48).	Councilmember Spiegal motioned to approve the release of the RFP for facilities assessment (03:22:22). Councilmember Kelman seconded the motion with amendments to include updating Section 3 (project description) and Section 6 Task 2.1 (infrastructure to be reviewed) of the RFP, referencing ASTM 2018, and requesting a 10-year assessment. The motion passed unanimously (03:23:41).	1 Total: 1 In Favor 0 Against 0 Neutral
03:21:26 Unknown was In Favor: Expressed support for the item and emphasized the need for the council to be mindful of the significant expenses related to deferred maintenance in the upcoming budget cycle.
03:24:21	6: COMMUNICATIONS	This agenda item is for items not on the agenda. A public comment was made regarding a letter sent on March 7th concerning the FPPC decision in the Christine Dietrich matter (2019). The commenter expressed disappointment that a council member whose property was within 500 feet of the BID border did not recuse himself during a vote, referencing the FPPC decision that councilmembers in similar situations should recuse themselves (03:25:17). The commenter hopes this will be reconsidered in the future (03:25:27).	No Motion	1 Total: 0 In Favor 1 Against 0 Neutral
03:24:42 Sandra Bushmaker was Against: Expressed concern that a council member with property within 500 feet of the BID border did not recuse themselves during a vote, referencing a prior FPPC decision. She sent a letter to the council on March 7th and is disappointed that the council member did not recuse himself (03:25:17).
03:25:36	8: CITY MANAGER REPORTS & OTHER COUNCIL BUSINESS	This agenda item was immediately closed as there were no public speakers.	No Motion	0 Total: 0 In Favor 0 Against 0 Neutral
03:25:38	12: City Manager’s Quarterly Report	The City Manager presented a written quarterly report covering city priorities like infrastructure, finance, quality of life, public safety, and resiliency, as well as the five areas agreed upon at the February 10th strategy meeting. The report also lists continuing initiatives. The City Manager intends to continue providing these reports quarterly and seeks input from the council, public, and staff to improve them. The Mayor recommended that anyone still online should read the report, praising the work being done by the City Manager and staff (03:26:40). Vice Mayor Cox stated that she was very surprised to see everything the city manager was doing that she wasn't aware of (03:27:00), and that she demanded the previous City Manager provide written reports back in 2018 (03:27:18). Councilmember Kelman echoed the mayor's sentiments, emphasizing the effort required to compile the report and encouraging the public to read it to understand the city staff's hard work (03:27:37).	No Motion	0 Total: 0 In Favor 0 Against 0 Neutral
03:27:58	8B: Future Agenda Items	Councilmember McKellman requested that the council consider alternative parking opportunities in the downtown area, including bus parking. McKellman also suggested the council prioritize agenda items focusing on other parts of town, given the recent focus on downtown, and requested a conversation about upcoming road and infrastructure projects. (03:28:11.67) Councilmember Spiegal requested a discussion about creating a travel budget for council members, covering city business and speaking engagements, to promote transparency. (03:28:52.15) Councilmember Cox stated that the city has never paid for her travel to sister cities or conferences. (03:29:21.14) Spiegal clarified that some jurisdictions offer reimbursements for city business related travel, and she wants to ensure responsible budgeting. (03:29:30.32)	No Motion	0 Total: 0 In Favor 0 Against 0 Neutral
03:30:05	9: ADJOURNMENT	The meeting was adjourned after confirming there were no city manager reports. (03:30:10)	No Motion	0 Total: 0 In Favor 0 Against 0 Neutral

City Council Meeting Transcript

Adrian Brinton

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Time	Speaker	Text
00:00:03.69	Unknown	We're going to go ahead and call this reporter. City Clerk, would you please call the roll? Recording in progress. City Manager Zapata has a comment to read.
00:00:08.77	Unknown	Record.
00:00:14.05	Sandra Bushmaker	Okay, I'll call Council Member Blofsteen.
00:00:17.93	Danielle Dubitz Graham	Here.
00:00:18.81	Sandra Bushmaker	Councilmember Cummins.
00:00:20.52	Danielle Dubitz Graham	Thank you.
00:00:20.53	Janelle Kelman	here.
00:00:20.75	Danielle Dubitz Graham	Thank you.
00:00:21.48	Sandra Bushmaker	Councilmember Hoffman, we'll get to that right now, Vice Mayor Cox, and Mayor Sobieski.
00:00:29.63	Unknown	here.
00:00:31.39	Sandra Bushmaker	Here.
00:00:31.60	Unknown	Thank you.
00:00:32.11	Unknown	City Manager?
00:00:33.43	City Manager	Yeah, if I may, Mayor, Councilmembers, public, Councilmember Hoffman sent me a text message saying that she will be at an event she had pretty scheduled because of our schedule being uncertain, and she will try to attend the meeting later this evening. So she won't be here at the start of the meeting, but she'll try to get here later. Thank you.
00:00:54.28	Joan Cox	City Manager, can I just comment on our on the comment that our schedule is uncertain, because we passed a resolution last year, saying that our meetings would occur the first and third Tuesdays of every month. Is that not true?
00:01:08.42	City Manager	That is correct.
00:01:09.44	Joan Cox	Has that changed since that resolution was passed last year?
00:01:12.14	City Manager	That is not.
00:01:13.54	Joan Cox	So I just don't know what was uncertain about our schedule.
00:01:17.77	Janelle Kelman	Vice Mayor, if I may, and Walford could explain, I think we had a limited number of dates that were actually posted on the city council website under meeting dates. And so perhaps if people weren't aware of our regular standing schedule, they were misunderstood. Okay.
00:01:36.44	Joan Cox	Thank you for that. I think Councilmember Hoffman voted on that schedule last year.
00:01:40.66	Joan Cox	Anyway, I just wanted to clear that up. Thanks.
00:01:44.94	Unknown	All right, so the closed session items that will be heard today are Conference with Real Property Negotiators,
00:01:54.22	Unknown	100 Spinnaker Drive. The negotiating parties are Sausalito Yacht Harbor and the city of Sausalito.
00:01:59.89	Unknown	and Conference with Legal Counsel, Government Code Section 54956.9, significant exposure to litigation. There are two cases here. We will take public comment on the closed session items now.
00:02:12.25	Unknown	And we do have Steven Woodside.
00:02:20.85	Unknown	Can you check your mic, please? I think your microphone is not on. One moment, Mr. Woodside.
00:02:28.67	Steven Woodside	I would like to address briefly conflict of interest matters that may or may not affect your ability to meet either in closed session or open session on certain items. And I know last week you had an item.
00:02:40.65	Steven Woodside	where I think the mayor
00:02:42.54	Steven Woodside	Indicated he did not have a conflict in that item, if I'm remembering correctly, and that's fine. I'm not here to question that. What I'm really here to do is to urge all of you to do your very best to vote on every single item related to the historic district.
00:02:59.14	Steven Woodside	I'm not sure you're going into closed session on that now, but you may well be in the future. And the reason I say that is that the historic district
00:03:07.85	Steven Woodside	I believe affects the public generally. And that's an exception to the bright line
00:03:14.89	Steven Woodside	You know, 500 foot, 1000 foot, whatever they are rules that would otherwise preclude a council member from participating and or voting.
00:03:21.08	Unknown	or
00:03:22.82	Steven Woodside	So the reason I'm
00:03:24.32	Steven Woodside	concerned is that there's a lot of ability for people to say, no, you can't vote because this, because of that. And they're forgetting the public
00:03:33.50	Steven Woodside	generally exception. So please take that into consideration. And I don't want to go much further, but there are other situations.
00:03:40.97	Steven Woodside	Thank you.
00:03:41.03	Steven Woodside	where, for example,
00:03:42.70	Steven Woodside	Councilmember Hoffman might live across the street from the marine ship well within a bright line rule, but it may well be that in that context, the marine ship, our coast, that particular area that's been so well covered by the voters and by the Council over the years.
00:03:59.74	Steven Woodside	Things that happen there affect the public generally.
00:04:03.00	Steven Woodside	You know, we can all explain the reasons for that.
00:04:06.34	Steven Woodside	And in my case, I live within the view shed
00:04:09.97	Steven Woodside	I'm about as far away to the south as anybody, but I can see the whole stretch of Bridgeway. I can see a good portion of the historic district, and it's meaningful to me. It affects me personally, and I think it affects lots of voters personally. Thank you. Thank you.
00:04:26.12	Unknown	Thank you.
00:04:26.18	Unknown	Thank you.
00:04:26.25	Joan Cox	Can I ask him a follow-up question?
00:04:28.19	Unknown	you
00:04:28.93	Joan Cox	Thank you so much for always giving us your sage advice.
00:04:34.40	Joan Cox	Are you distinguishing between voting on matters concerning the historic district as opposed to voting on matters concerning a specific property?
00:04:43.41	Joan Cox	because there's a fairly bright line rule regarding
00:04:47.07	Joan Cox	you know, when you're within a certain, when you're
00:04:49.88	Joan Cox	home is within a certain
00:04:52.14	Joan Cox	distance from another home.
00:04:54.53	Joan Cox	As opposed to.
00:04:56.39	Joan Cox	district in general, which I agree with you would affect the public generally.
00:05:00.32	Steven Woodside	Well, I think there may be a middle position, if I may. I think there are situations where even as to a positive...
00:05:07.41	Steven Woodside	a particular parcel.
00:05:09.77	Steven Woodside	In this case, it's whether to include or include it.
00:05:13.79	Steven Woodside	as an opportunity housing
00:05:16.88	Steven Woodside	site.
00:05:18.02	Steven Woodside	and i think the combination of those two
00:05:20.84	Steven Woodside	tells me it's more affecting the public generally. So when you vote on the overall housing element, clearly that affects the public generally. But what about each piece? I think you should be able to vote on a piece
00:05:35.64	Steven Woodside	to include or exclude because it's part of that whole complex of affecting the public generally. That's how I'm looking at it.
00:05:43.15	Steven Woodside	And I really want all of you to be able to vote on all of these things. That's where I'm coming from.
00:05:48.60	Joan Cox	Thank you. We appreciate your perspective.
00:05:50.27	Steven Woodside	Okay, thank you.
00:05:52.36	Unknown	Any other comments? No further public comments. All right, we'll adjourn to closed session.
00:05:56.84	Unknown	Back at seven o'clock.
00:06:15.55	Unknown	Well, everyone, good evening. We are returning from closed session. There are no announcements coming out of closed session, so we will reconvene in open session and begin today with the Pledge of Allegiance.
00:06:27.75	Unknown	To the flowers.
00:06:29.68	Unknown	Thank you.
00:06:30.35	Unknown	Thank you.
00:06:31.46	Unknown	Thank you.
00:06:32.69	Unknown	Thank you.
00:06:33.35	Unknown	Thank you.
00:06:33.98	Unknown	you
00:06:34.23	Unknown	Good luck.
00:06:35.31	Unknown	that doesn't fall.
00:06:38.55	Unknown	Thank you very much.
00:06:39.97	Unknown	Uh,
00:06:41.25	Unknown	We will now move on to approval of action minutes from the previous meeting. Is there a motion to approve the minutes?
00:06:48.24	Lilyana Spiegal	I move to approve the action minutes from our previous meeting.
00:06:52.57	Unknown	All in favor, say aye.
00:06:53.94	Lilyana Spiegal	Bye.
00:06:54.40	Unknown	Thank you.
00:06:54.41	Unknown	Aye. Opposed, minutes are approved. We're now gonna move on with the consent calendar. These are items that are typically non-controversial, require no discussion and are expected to have unanimous council approval. They may be enacted by the council in one motion in the form.
00:07:11.04	Unknown	listed in the agenda. There will be no separate discussion of the consent calendar items. However, before the council votes, any member may ask that an item be removed and it will be heard later in the meeting. The consent counter items of 3A include
00:07:24.92	Unknown	approval of the purchase of three replacement police administrative vehicles
00:07:29.45	Unknown	3B the adopt a resolution authorizing the city manager.
00:07:32.77	Unknown	funding agreement.
00:07:33.83	Unknown	with the County of Marin for the design of the Marin ship large
00:07:36.92	Unknown	trust capture project 3c is receive and follow report regarding the status of the ferry land site improvement project
00:07:43.22	Unknown	3D, adopt a resolution authorizing the city manager to approve the purchase of a city hall operating system certificate not to exceed $43,450 over three years. 3E, adopt a resolution authorizing the city manager to approve the purchase of a police department operating server at a cost not to exceed $38,638. 3F, authorize the city staff to issue proposals for the comprehensive user fee study and development impact fee study. 3G received and filed the 2023 annual
00:08:16.22	Unknown	Housing Element Progress Report.
00:08:18.18	Unknown	David Lundgren- public comment on these items, unless I should ask is anyone want to remove any of these.
00:08:23.29	Unknown	Seeing no removal.
00:08:24.17	Janelle Kelman	Mayor, I don't want to remove, I just want to...
00:08:26.21	Janelle Kelman	Just call out a thank you to staff. I see our director of public works, Kevin McGowan, is here for item 3P.
00:08:31.33	Janelle Kelman	These are the types of things where our community gets to lead, although we went with a more traditional civil engineering approach staff did spend. significant amount of time reviewing Gray Green infrastructure and bioswales and opportunities to innovate in a more climate friendly manner. I wasn't even appropriate for this project, but I want to just thank Kevin and his team, Ali.
00:08:50.58	Janelle Kelman	who are working so hard on this and then providing counsel with that update so
00:08:53.72	Unknown	Great.
00:08:53.87	Janelle Kelman	comment.
00:08:54.24	Unknown	Thank you very much. Is there any public comment? We have Peter Van Emeter.
00:09:05.82	Peter Van Meter	Thank you. This is regarding item 3C, the Ferry Landing Improvement Project. Very pleased to see this report moving forward. I think that it's interesting that it looks like a vast majority of the project can be within this first preliminary cost estimate. I think that's very exciting news. And in fact, if you look at some other funding availability, you in fact may even be able to pull off the entire project in the first phase. Look at some value engineering, look at some other source of funding.
00:09:33.46	Peter Van Meter	Of course, you have this Tidelands Fund. I don't know what the
00:09:36.33	Peter Van Meter	limitations on that may be, but there could be perhaps funds come there so you can actually get the whole thing done at one step. And very pleased to see that moving forward. And thank you for implementing that.
00:09:47.74	Sandra Bushmaker	Okay.
00:09:48.38	Sandra Bushmaker	Thank you.
00:09:48.65	Peter Van Meter	THE FAMILY.
00:09:48.70	Sandra Bushmaker	Remember?
00:09:48.80	Peter Van Meter	much.
00:09:49.04	Sandra Bushmaker	you
00:09:49.42	Sandra Bushmaker	Any other public comment on the consent calendar?
00:09:51.85	Sandra Bushmaker	Sandra Bushmaker.
00:09:58.77	Unknown	Mute yourself.
00:09:59.23	Unknown	Thank you.
00:09:59.25	Unknown	please
00:09:59.68	Unknown	Thank you.
00:10:00.60	Unknown	Yes, I have finally. Good evening, everybody. I'm talking about item 3C, the ferry landing. I was, if I read that report correctly, it seems like the...
00:10:13.25	Unknown	the resurfacing of parking lot one is not included in this project.
00:10:19.63	Unknown	And this seems to be a problem because if the plan is to
00:10:24.51	Unknown	ignore the need for that parking lot and shift that grant money over to bicycle parking
00:10:32.44	Unknown	and sidewalk widening and benches and other things that are outlined in that project, then I have grave concerns. It seems to me that the ferry landing
00:10:41.77	Unknown	Grant.
00:10:43.19	Unknown	is for improving the ferry landing of which parking lot is an integral part parking lot one is an integral part of that, so I was very disturbed to see that removed and I hope that the Council is
00:10:55.93	Unknown	Paying close attention to the grant
00:10:58.97	Unknown	the grant uses and how we are appropriating our money. I don't want to see the city being on the hook or the taxpayers again for the repaving where we've got grant money available to us. Thank you.
00:11:12.82	Unknown	Any other public comment, city clerk?
00:11:16.62	Unknown	Kieran Culligan.
00:11:17.24	Sandra Bushmaker	Thank you.
00:11:20.67	Kieran Culligan	Heather, just super briefly, yeah, that great language is super important.
00:11:24.46	Kieran Culligan	for the Ferry Landside area.
00:11:26.46	Kieran Culligan	And it, yeah.
00:11:28.26	Kieran Culligan	Maybe you could read it sort of somehow and interpret and heed to pay for something, but.
00:11:33.21	Kieran Culligan	Any normal reader would not see that. It is very clearly for the improvement.
00:11:37.21	Unknown	Can you pause for one second, Mr. Culligan? We need to turn up the microphone. I don't know why he suddenly got so quiet.
00:11:47.68	Unknown	Could you keep, all right, what is someone saying?
00:11:54.00	Unknown	Okay.
00:11:57.02	Unknown	All right, well, we need to proceed. So go ahead, Mr. Colgan, go ahead.
00:12:02.20	Unknown	Just speak about her.
00:12:05.42	Unknown	Go ahead. Oh, now we can't hear you all. Could we unmute him?
00:12:13.30	Unknown	Okay, go ahead. How's this? That's good. Now you don't need to talk. Just talk normal.
00:12:13.60	Kieran Culligan	How's this?
00:12:16.10	Kieran Culligan	Thank you.
00:12:18.04	Kieran Culligan	Okay.
00:12:18.46	Kieran Culligan	Well, my children are screaming, so I have to talk a little bit later.
00:12:20.86	Kieran Culligan	Yeah, I just want to call out that the grant language is quite specific about the $2 million is intentionally for the improvements for pedestrians bicycles safety expanding the promenade. And, you know, I think it'd be a tough sell that any dollars from that 2 million could go into paving the parking lot that would have to come out of general funds and I don't know if that's a wise use of our general funds.
00:12:45.35	Kieran Culligan	given long-term plans for that area and ways it could evolve.
00:12:48.96	Kieran Culligan	Um,
00:12:49.67	Kieran Culligan	Agree with the speaker, we need to look at the grant language. Disagree with the previous speaker that the parking lot is a good use or even an appropriate use of those funds.
00:12:58.15	Unknown	Any other public comment, Mr. Clerk? Seeing none. All right, close public comment. Can there be a motion to approve the consensus?
00:13:04.04	Joan Cox	I actually have a comment. Thank you. In light of the public comment, I also would like to direct staff to examine the grant language because when this grant was first made,
00:13:15.22	Joan Cox	we understood that it was intended.
00:13:18.05	Joan Cox	to repave.
00:13:19.43	Joan Cox	the
00:13:19.97	Joan Cox	parking lot one because
00:13:21.70	Joan Cox	We anticipate that parking lot one will be
00:13:25.66	Joan Cox	adversely impacted by the construction equipment necessary to build
00:13:30.23	Joan Cox	the ferry landing improvements. And so...
00:13:32.93	Joan Cox	My understanding of the grant funding was that it was absolutely intended to cover repaving
00:13:39.06	Joan Cox	of parking lot one. And given that we have other funding sources, I have to believe there's a way for us to do everything
00:13:45.56	Joan Cox	appropriate for this project. So I know we're only in the design phase now, but I would like to hear from the staff and see what the grant requirements are for the grant money.
00:13:56.93	Unknown	Okay. Grant monies. With that comment made to staff, can we have a motion to bring the consent agenda?
00:14:01.54	Joan Cox	Thank you.
00:14:01.55	Lilyana Spiegal	So moved.
00:14:02.97	Unknown	Is there a second?
00:14:05.65	Unknown	All in favor? Aye. Aye. All opposed. Items are approved. We'll now move on to the public hearing item. This is an appeal of the planning commission decision approving design review and encroachment permit two zero two three dash zero zero zero one three four four 26 Pine Street, APN 065-5411. Staff.
00:14:06.45	Lilyana Spiegal	Aye. Aye.
00:14:07.04	Joan Cox	Thank you.
00:14:26.19	Unknown	Mr. Director Phipps.
00:14:32.94	Unknown	Is Director Phipps here? Maybe he knows.
00:14:48.16	Unknown	Thank you.
00:14:48.20	Lilyana Spiegal	Thank you.
00:14:48.67	Unknown	Thank you.
00:14:48.75	Lilyana Spiegal	Thank you.
00:14:49.97	Lilyana Spiegal	Thank you.
00:14:51.67	Unknown	Thank you.
00:14:52.90	Unknown	Thank you.
00:15:01.04	Unknown	Thank you. Are you waiting for Kristen or Brandon?
00:15:04.68	Joan Cox	Kristen.
00:15:07.40	Unknown	Thank you.
00:15:10.59	Unknown	Perfect.
00:15:22.62	Unknown	I'm so sorry. I have a PowerPoint presentation prepared.
00:15:33.15	Kristen Tyke	There's one is the PowerPoint and the other one's the PDF. You may want the PDF version.
00:15:40.36	Kristen Tyke	Is this on?
00:15:40.96	Unknown	It is on. Thank you. Just for the record, would you introduce yourself, Kristen? I'm sorry. Yes.
00:15:44.15	Kristen Tyke	I'm sorry. Yes. Kristen Tyke, principal planner for the Community Development Department.
00:15:57.99	Kristen Tyke	Yes.
00:15:58.95	Kristen Tyke	Thank you.
00:15:59.64	Kristen Tyke	I missed your introduction. So since I missed it, I'm just going to repeat that this is an appeal of a design review approval by the planning commission.
00:16:08.17	Kristen Tyke	Application 202313.
00:16:10.95	Kristen Tyke	for 426 Pine Street. Next slide.
00:16:19.22	Kristen Tyke	On January 25th, this application was filed proposing to expand a existing single-family home into a larger single-family home with a JADU.
00:16:29.39	Kristen Tyke	On the ground story.
00:16:30.75	Kristen Tyke	After discussions with staff about the JAD rules versus the ADA,
00:16:35.72	Kristen Tyke	U rules, they changed it to an ADU and gave it a little better kitchen.
00:16:40.26	Kristen Tyke	So they could then exempt that square footage from floor area.
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00:16:43.60	Kristen Tyke	On October 25th, 2023, the Planning Commission first heard this application, and after hearing from everybody concerned about the project, they determined that the findings could be made, and they moved to approve the application.
00:16:57.15	Kristen Tyke	On November 15th, we brought the resolution back to them for approval and they adopted it. And it was resolution 2023-21.
00:17:05.98	Kristen Tyke	The appellants then filed the time of the appeal, and we heard our first appeal hearing on January 22, 2024. Just to recap, the proposed plans proposed to substantially expand an existing single story
00:17:26.77	Kristen Tyke	single-family residents
00:17:26.84	Unknown	single-file.
00:17:28.64	Kristen Tyke	to three stories with the Ground Story ADU.
00:17:31.61	Kristen Tyke	Exterior amenities include a third-story rooftop patio at the front and rear, rear decks that extend beyond the rear wall of the residence,
00:17:39.24	Kristen Tyke	New two-car driveway, built-in hot tub, and a fire pit in the rear yard. And go to the next...
00:17:47.02	Kristen Tyke	So these were...
00:17:49.20	Kristen Tyke	That's okay.
00:17:52.64	Kristen Tyke	This is the site plan. It shows existing proposed. Next slide.
00:17:59.10	Kristen Tyke	And here is the front and rear elevations and some perspective drawings to give you, just to remind you what this building looks like.
00:18:06.07	Kristen Tyke	Next slide.
00:18:07.93	Kristen Tyke	And this is the south side, which has been the most contentious side with regard to the design impacts. Next slide.
00:18:15.37	Kristen Tyke	you know.
00:18:17.02	Kristen Tyke	So during the city council hearing on January 22nd, 2024, the council concluded the project client,
00:18:24.79	Kristen Tyke	with both objective and subjective design standards and continued the hearing and suggested the applicant
00:18:31.72	Kristen Tyke	Consider meeting with the appellants and redesigning the project to address some of the concerns you expressed during the meeting.
00:18:39.01	Kristen Tyke	With regard to objective standards, it was determined it didn't comply with the side yard setback due to the application of 10-4407-OD1.
00:18:47.52	Kristen Tyke	which measures the length of building wall and increases the setback based on measurement over 40 feet
00:18:53.49	Kristen Tyke	And this particular building wall, if you include the rear decks, which the Council determined should be included,
00:19:00.36	Kristen Tyke	Um,
00:19:01.07	Kristen Tyke	is 47 feet 4 inches total. So it did increase the required setback slightly above what was actually being provided, which is 5 foot 3 inches.
00:19:10.96	Kristen Tyke	The subjective design standards were regarding the design review findings, number 7, 9, and 12, and heightened design review findings, B and C, and those are laid out for you in the table there on the slide.
00:19:23.48	Kristen Tyke	screen.
00:19:24.62	Kristen Tyke	Generally, these findings address light and air between structures, based on the impacts of the proposed design.
00:19:33.79	Kristen Tyke	privacy and require that primary views from surrounding properties be protected. Next slide.
00:19:42.24	Kristen Tyke	So today's hearing, the applicant has requested that we reschedule the hearing, and they have opted not to propose design modifications as...
00:19:51.27	Kristen Tyke	suggested by the council.
00:19:53.24	Kristen Tyke	They did provide you with a written address of the concerns
00:19:57.43	Kristen Tyke	of the appellants and the council that were discussed during the last hearing.
00:20:02.42	Kristen Tyke	And they did agree to remove the rear decks to bring the project into conformance with the side yard setback.
00:20:09.73	Kristen Tyke	They have requested the council take action based on the plans that they presented and were approved by the Planning Commission.
00:20:16.36	Kristen Tyke	Less the decks.
00:20:18.05	Kristen Tyke	Next slide.
00:20:20.09	Kristen Tyke	So tonight, staff recommends the council conduct the next public hearing, and based on your design concerns, we have gone ahead.
00:20:27.15	Kristen Tyke	and prepared you a resolution
00:20:29.58	Kristen Tyke	upholding the appeal and overturning the Planning Commission.
00:20:32.82	Kristen Tyke	But if during your deliberations tonight you determine you can come up with a solution that might allow approval of the project,
00:20:40.82	Kristen Tyke	subject perhaps to some design modifications, as we discussed in previous staff reports,
00:20:47.89	Kristen Tyke	Staff has prepared you the draft resolution denying the appeal and approving the project. We did include a condition requiring removal of the rear decks.
00:20:59.33	Unknown	Questions please for staff.
00:21:04.39	Unknown	If there are no questions, then we will move on now to the appellant presentation. Thank you very much.
00:21:10.35	Joan Cox	And may I just ask when once you're done that you resume the slide that counts the conditions we were not able to make last time. Sure. But after everyone is done with their presentation. Our deliberation. Thank you. Maria. Again.
00:21:25.10	Unknown	again, please approach the podium and you have five minutes. Any time you do not use, you may add on to your rebuttal period at the end of the session.
00:21:32.23	Unknown	Thank you. I don't think I need that much time.
00:21:34.88	Unknown	I urge you to approve the appeal and reject the project when after the January 22nd meeting, we were expecting...
00:21:42.98	Unknown	some kind of, um,
00:21:45.09	Unknown	Communication to begin regarding the findings and alterations to the project.
00:21:50.15	Unknown	Um, about three or four days after that, um,
00:21:53.70	Unknown	They went back to next door and social media and it was clear to us, it was unlikely that they were going to take that direction.
00:22:02.10	Unknown	Um,
00:22:03.62	Unknown	So I'm not going to need five minutes here. I do want to say we have two memos from Elizabeth
00:22:10.15	Unknown	breakfast.
00:22:11.10	Unknown	The second one addresses their letter regarding the Housing Accountability Act.
00:22:16.94	Unknown	And, um,
00:22:18.64	Unknown	Uh,
00:22:19.64	Unknown	It's very clear that this is not net to you.
00:22:23.08	Unknown	you
00:22:23.99	Unknown	housing units for Sausalito, it's also not low income, and therefore discretionary findings criteria do apply.
00:22:31.11	Unknown	Um,
00:22:32.02	Unknown	I urge you to defend the municipal zoning code because I think they are going to lawyer up on that.
00:22:39.04	Unknown	If the council's frustrated that the applicant made no accommodations, this is the feeling that the neighbors have had throughout the project. There's just no material accommodation.
00:22:50.42	Unknown	at any point
00:22:51.85	Unknown	And
00:22:53.72	Unknown	And the final point I'd like to make is even the plans before you now that they're asking you to approve.
00:22:59.78	Unknown	have not been modified for the removal of your decks. There's a second floor sliding door window that's probably illegal. With that, I'll
00:23:09.50	Unknown	Save the rest of my time for a rebuttal if necessary.
00:23:12.74	Unknown	Mr. Gann, any questions? Just stay for a moment. Any questions for Mr. Gann?
00:23:18.12	Unknown	There may not be. All right, thank you very much. Now to the applicant, please.
00:23:25.04	Unknown	And just for the record, please identify yourself. Thank you.
00:23:30.04	Unknown	Each get five.
00:23:30.82	Unknown	And it's.
00:23:30.97	Unknown	you
00:23:31.05	Unknown	Thank you.
00:23:31.10	Unknown	Thank you.
00:23:31.46	Unknown	The thank you please have a seat, thank you it's you know five minutes anytime you do not use you may use instead during a rebuttal period at the end of the hearing after public comment, so go right ahead.
00:23:42.73	Stephanie Stryka	All right, good evening, you'll be asking Council members introduce myself, my name is Stephanie Stryka i'm an attorney. Robbins patch Duffy and bass in San Francisco and I am legal counsel for the applicant jake and Georgia buyer.
00:23:56.94	Stephanie Stryka	As the council is aware, the buyers have...
00:23:59.10	Unknown	What?
00:23:59.35	Unknown	Pause for a moment, Madam. What is the issue, Mr. Clerk?
00:24:04.13	Unknown	It is on, yes.
00:24:04.26	Stephanie Stryka	I'm just...
00:24:05.02	Stephanie Stryka	It is on, yes. Hi.
00:24:06.93	Stephanie Stryka	And if you need, do you need spelling?
00:24:09.34	Stephanie Stryka	or anything.
00:24:09.81	Unknown	No, we're fine. Go right ahead. Please.
00:24:10.51	Stephanie Stryka	You're good.
00:24:13.17	Stephanie Stryka	Oh, yes. If I can have a presentation shared, please leave that that's ready. If we can just pause one moment.
00:24:18.54	Unknown	Right.
00:24:18.65	Unknown	under prison.
00:24:19.04	Unknown	FAMILY.
00:24:19.13	Unknown	who's,
00:24:19.25	Unknown	Thank you.
00:24:19.30	Unknown	Thank you.
00:24:19.31	Unknown	Thank you.
00:24:21.58	Unknown	Keep sharing access.
00:24:25.00	Stephanie Stryka	Thank you.
00:24:29.71	Unknown	Do we have access to these slides?
00:24:31.90	Unknown	It's remote. So.
00:24:33.76	Unknown	Oh, I see. Thank you.
00:24:37.18	Unknown	LAM, L-A-M, first name, L-A-M. Got it.
00:24:40.64	Stephanie Stryka	Thank you.
00:24:40.90	Unknown	Thank you.
00:24:40.96	Stephanie Stryka	No.
00:24:44.51	Stephanie Stryka	And thank you for allowing us to do that. I am not tech savvy.
00:24:48.00	Stephanie Stryka	Yeah.
00:24:48.05	Unknown	to the next.
00:24:48.12	Stephanie Stryka	Thank you.
00:24:52.03	Unknown	All right, there you go. Please proceed.
00:24:53.52	Stephanie Stryka	Great.
00:24:54.19	Stephanie Stryka	As the Council is aware, the buyers have spent nearly three years and over 150 hours working with the neighbors to address their subjective concerns regarding light, privacy, and views. And despite those efforts, some of the neighbors cannot be appeased, and so we're here again tonight.
00:25:11.74	Stephanie Stryka	The buyer's significant efforts, including several project revisions, are detailed on the screen for you here.
00:25:18.02	Stephanie Stryka	including the removal of the rear deck following the January City Council hearing, which now ensures that the project complies with all objective standards regardless of code interpretation.
00:25:29.24	Stephanie Stryka	Although not required, the buyers have also proposed some additional articulation beneath the third story deck to allow for more light and air, should the council wish to include that.
00:25:39.98	Stephanie Stryka	as you can see.
00:25:41.34	Stephanie Stryka	Any assertion that the buyers have not made good faith efforts to work through these issues with their neighbors are disingenuous.
00:25:48.63	Stephanie Stryka	We wish to highlight that during the review process for the project,
00:25:52.88	Stephanie Stryka	The city appears to have potentially illegally required the buyers to remove a JADU
00:25:58.02	Stephanie Stryka	and to then reduce the size of the remaining ADU.
00:26:01.17	Stephanie Stryka	Both actions are in conflict with government code section 6585 2.2, which would have allowed the buyers to proceed with the project that includes three units as originally proposed, the single family home, a J and an ADU.
00:26:16.87	Stephanie Stryka	But setting aside for now these earlier potentially illegal actions, the city council tonight appears poised to commit another.
00:26:25.22	Stephanie Stryka	by upholding the appeal and denying this project based on wholly subjective design review findings.
00:26:32.17	Stephanie Stryka	As detailed in our March 13th letter to the council, this is not a legal basis to deny the project because it is afforded the protections of the Housing Accountability Act.
00:26:43.21	Stephanie Stryka	The Housing Accountability Act, by the way, does not require that a housing development project include low-income units.
00:26:49.64	Stephanie Stryka	in order to be afforded the Housing Accountability Act protections.
00:26:53.67	Stephanie Stryka	The staff report for the item to be considered immediately after this appeal.
00:26:58.02	Stephanie Stryka	indicates that the city is taking the novel and unsupported position that the HAA applies only to projects that include two or more net new units.
00:27:08.10	Stephanie Stryka	Thank you.
00:27:08.16	Stephanie Stryka	which would mean that the HAA would not apply.
00:27:11.29	Stephanie Stryka	position that a project must include two
00:27:14.98	Stephanie Stryka	two more units than currently exist on a site is not supported by the HAA statute, the legislative history,
00:27:22.07	Stephanie Stryka	the California Housing and Community Development Department's guidance on the HAA, which is the expert agency on this matter, or any case interpreting the HAA.
00:27:32.63	Stephanie Stryka	Nowhere do the words net new or any similar variation appear in the context of determining whether the HAA applies.
00:27:40.45	Stephanie Stryka	And nowhere is there a requirement that a single family home in ADU be proposed on a vacant site in order to be protected by the HAA.
00:27:47.90	Stephanie Stryka	We also have not identified a single other jurisdiction in the state that has taken the position that this city appears to have adopted.
00:27:54.79	Stephanie Stryka	Given the novel nature of the city's position,
00:27:57.34	Stephanie Stryka	We have forwarded the staff report to HCD for its consideration and received word this morning.
00:28:02.79	Stephanie Stryka	that HCD staff is meeting next week to address it.
00:28:06.55	Stephanie Stryka	possibly anticipating that HCD will disagree with the city.
00:28:10.86	Stephanie Stryka	and that HCD will instead confirm that the two or more units required
00:28:15.04	Stephanie Stryka	But for coverage by the HA are not also required to be net new.
00:28:19.36	Stephanie Stryka	The city has recently and conveniently redefined this project as a substantial remodel.
00:28:25.30	Stephanie Stryka	However, up until the issuance of its staff report for this hearing last Friday,
00:28:30.19	Stephanie Stryka	The city has defined the proposed project as the, quote, substantial demolition.
00:28:34.70	Stephanie Stryka	of the existing single family home and the construction of a new single family edu
00:28:40.71	Stephanie Stryka	Importantly,
00:28:42.04	Stephanie Stryka	The city's previous characterization of the project fit the only definition in the city's code of quote, new unit.
00:28:49.36	Stephanie Stryka	That definition of new unit includes a unit built after the substantial demolition of an existing unit.
00:28:57.21	Stephanie Stryka	The project squarely fits the city's zoning code definition of substantial demolition,
00:29:02.88	Stephanie Stryka	which includes the removal, replacement, or alteration of 51% or more of the area of existing floors, ceilings, and roofs.
00:29:13.01	Stephanie Stryka	As such,
00:29:14.88	Stephanie Stryka	Because this project involves the substantial demolition of the existing single-family home,
00:29:20.36	Stephanie Stryka	by the city's definition of quote new unit.
00:29:23.15	Stephanie Stryka	The project consists of two new units and is subject to the HAA. And that is regardless of any net new, which as I've stated, is not a requirement of the HAA.
00:29:32.97	Stephanie Stryka	In closing, we wish to note for the city
00:29:35.99	Stephanie Stryka	that violations for the HAA are subject to penalties and the award of attorney's fees.
00:29:41.34	Stephanie Stryka	For example, just last month, the city of Berkeley was fined $2.6 million plus attorney's fees for a total of $4 million for that city's violations of the HAA.
00:29:50.99	Stephanie Stryka	Thank you for your time.
00:29:52.29	Unknown	Thank you. Any questions, please, for the applicant's attorney?
00:29:57.18	Unknown	All right, seeing no questions, we will now move on to public comment. Any public comment on this matter?
00:30:04.47	Unknown	City Clerk.
00:30:07.06	Joan Cox	Mayor, before we hear public comment, may I ask a question of our city attorney?
00:30:11.46	Joan Cox	I would like our city attorney to respond to the comments from...
00:30:19.60	Joan Cox	A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A. A.
00:30:29.86	David Wagschal	Yeah, in the recently decided Rosnitsky versus County Marin case, the Court of Appeal recently held that the legislative history of the Housing Accountability Act
00:30:42.44	David Wagschal	supported their decision that it did not apply to a project for a single
00:30:47.84	David Wagschal	unit of housing. The Housing Capability Act applies to projects that are quote unquote residential units only.
00:30:55.69	David Wagschal	And the court held that that meant that it was not intended to apply to projects that created
00:31:03.45	David Wagschal	only a single unit.
00:31:06.02	David Wagschal	With respect to this proposed project, I do think that there are some questions in the record with respect to
00:31:12.70	David Wagschal	what it is.
00:31:14.74	David Wagschal	At present, the home that exists would be lifted up to be the second story of the proposed project.
00:31:22.22	David Wagschal	So it is...
00:31:24.07	David Wagschal	you know,
00:31:24.92	David Wagschal	in actuality, a addition of a new first floor and addition of a new third floor to an existing home.
00:31:33.58	David Wagschal	David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB, David Ensign PB
00:31:41.96	David Wagschal	A new additional dwelling unit as staff previously testified the city did not remove or request the removal of a JADU from this project. The applicants originally proposed to JADU and staff recommended that the applicants revise their plans to make that an ADU instead.
00:32:00.76	David Wagschal	so that it would not count against the floor area ratio of their projects. So they could potentially even have a bigger project than if they had
00:32:07.64	David Wagschal	Additionally proposed to JAD.
00:32:09.89	David Wagschal	So in closing, I don't think that the Housing Accountability Act applies to a project that would be an addition to existing home.
00:32:19.36	David Wagschal	and an ADU.
00:32:21.67	David Wagschal	So I disagree with the characterization that has been put forward by the applicant's attorney.
00:32:28.67	Unknown	like,
00:32:29.16	Unknown	So thank you, city attorney on now to public comment. Any public comment, city clerk?
00:32:34.06	Sandra Bushmaker	We have Stuart Rabinowich.
00:32:39.67	Unknown	Oh, sir.
00:32:39.96	Sandra Bushmaker	Thank you.
00:32:40.64	Unknown	Good evening.
00:32:41.82	Unknown	Yeah, so, well, I was here last time, so my only comment is I do live at 425 Turney Street, and my main issue was this was with the height and that it obliterates the view that I've enjoyed for 40 years from my property. And I'm not sure that any of these amended proposals, I mean, the removal of the back decks would certainly improve some of that. I don't think it would completely change the fact that I would still, you know, be losing significant view, but you know, anything that can be done that would help that would, and also the other thing was light will definitely, in fact, since I was last here in January, I noticed the sunlight coming over the hills and it will no longer be there in the winter time in the morning, which will be very unfortunate. So anyway, I'm really glad that the applicants hopefully are making some changes, but I certainly still think that the project is
00:33:39.19	Unknown	Thanks.
00:33:39.34	Unknown	quite large for the lot and in some ways out of character with the neighborhood. Okay. Thank you, sir.
00:33:43.87	Unknown	with.
00:33:46.03	Unknown	Thank you, sir. Other public comments?
00:33:48.15	Sandra Bushmaker	Ray Swanson.
00:33:52.73	Unknown	If you can say who's next after Mr. Swanson, just so they can be ready. City clerk.
00:33:56.40	Unknown	Thank you.
00:33:56.42	Sandra Bushmaker	Nobody else in house.
00:33:57.20	Unknown	Okay.
00:33:57.91	Unknown	Mr. Swanson, go right ahead.
00:34:00.81	Ray Swanson	Yeah, good evening, Mr. Mayor and counsel. So I do realize that this meeting is called to address this very narrow issue as to whether or not the applicants have adequately responded
00:34:11.36	Ray Swanson	to the purpose of the continuance
00:34:14.21	Ray Swanson	which was, as I quote, the purpose of the continuance was to allow the applicant, the buyers to meet with appellants of which I am one.
00:34:22.56	Ray Swanson	to address the appellant's concerns and meet design review findings, et cetera, et cetera, et cetera.
00:34:28.84	Ray Swanson	I have had no contact from Mr. Beyer.
00:34:33.09	Ray Swanson	any of the buyers about this issue. Until tonight, I wasn't aware that any had been done, but I think it's safe to say
00:34:39.40	Ray Swanson	that the criteria by which this continuance was set up have not been met.
00:34:46.98	Ray Swanson	And so the logical and reasonable course of action would be simply to approve the appeal. And that would be the end of the story.
00:34:56.80	Ray Swanson	Except, of course, the city may be worried about this lawsuit.
00:35:01.22	Ray Swanson	or at some later date or by some other mechanism, the issue is about the structural size and the decks, et cetera, will be adjudicated in some way. And for this reason, I feel the need to once again,
00:35:13.93	Ray Swanson	draw attention to the really larger issue that I
00:35:17.76	Ray Swanson	have raised before and that is
00:35:21.20	Ray Swanson	that this issue really fails to meet design requirement 2A, that is to maintain the prevailing
00:35:29.52	Ray Swanson	Oh shoot, character of the neighborhood.
00:35:31.83	Ray Swanson	As you all know by now, this is a very
00:35:35.92	Ray Swanson	This block of Pine Street is,
00:35:39.14	Ray Swanson	is almost unique in that it maintains the character of the 1920s buildings that were built.
00:35:44.96	Ray Swanson	I see tourists walking up from Caledonia Street, taking pictures of it. They realize it. They step out of their shop, stare and do so.
00:35:53.60	Ray Swanson	And we're going to lose that aesthetic.
00:35:56.25	Ray Swanson	I don't know why the planning commission didn't flag that in the beginning or still hasn't done it yet.
00:36:01.77	Sandra Bushmaker	Thank you, sir.
00:36:02.44	Ray Swanson	All right. The rest of my statement is posted and please look at it. And please also look at Kate Green's presentation, which captures the.
00:36:05.80	Unknown	make
00:36:09.40	Unknown	We have Kay Diggs next online. Kay Diggs, are you going to meet yourself? Keith Diggs, sorry.
00:36:15.98	Unknown	Thanks, go right ahead.
00:36:17.72	Unknown	Thank you.
00:36:17.73	Unknown	Oh, good evening City Council. Just want to check in and weigh in support of this project. I learned about this while I was looking at the objective design standards material later on tonight. I know that it's an HAA project. I do agree with the project proponents characterization of Resnitsky. I don't read anything in Resnitsky that says anything about net new. It just applies to one single family home.
00:36:43.08	Unknown	This home has an ADU.
00:36:46.84	Unknown	I think I skipped this part. I'm the attorney for Yes, My Backyard.
00:36:51.25	Unknown	So wanted to
00:36:52.97	Unknown	comment on behalf of yes in my backyard that we do believe that the ha supports the approval of this project. giving comment now I also want to know it doesn't sound like there's a low income component on the ad, but I do want to note for the applicants.
00:37:09.25	Unknown	Um,
00:37:10.43	Unknown	if they are willing to put a low income condition on the ADU, that makes it 50% affordable. And as my client's position, as you all know from our active litigation right now,
00:37:22.25	Unknown	The city does not have a compliant housing element, notwithstanding HCD certification so
00:37:27.61	Unknown	One way or the other, I think it's in the city's interest to approve the project tonight. It was approved unanimously by the Planning Commission.
00:37:36.76	Unknown	So I would encourage vote to deny the appeal. Thank you.
00:37:41.84	Unknown	Thank you. Is there other public comment online?
00:37:43.81	Unknown	Yes, we have Danielle Dubitz Graham.
00:37:55.83	Unknown	If you can unmute yourself, please.
00:38:00.86	Danielle Dubitz Graham	My apologies.
00:38:03.10	Danielle Dubitz Graham	My name is Danielle Dubetz-Grabem, and I am a resident of Salcelito who has closely followed this entire process, and I empathize with the challenges of the Bayer family and what they faced. I urge you to deny the appeal and approve the projects as they stand. The project is in compliance with all objective municipal codes, including FAR, lot coverage, height limits, and so forth. The Beyer family has made ample accommodations to address the appellant's subjective concerns, though extensive, through extensive redesign work,
00:38:39.28	Danielle Dubitz Graham	However, the findings presented are highly subjective, allowing for wide interpretation.
00:38:44.87	Danielle Dubitz Graham	Everyone holds their own perspective on what constitutes adequate light and air. The fact that the city council is considering overruling the planning commission's unanimous approval suggests a lack of objectivity in this process. It raises questions when the entire planning commission and the planning department staff found all the necessary findings achievable, yet some city council members disagree. It undermines the countless hours spent collaborating with City Planning Department to secure their support only to face potential opposition from the City Council.
00:39:16.17	Danielle Dubitz Graham	due to different interpretations of the non-objective language of the findings. I implore you to make the right decision and deny this appeal. Also, I'd like to address the previous two people back.
00:39:29.06	Danielle Dubitz Graham	The criteria in which the continuance was set up was vague. It sent this team back to the neighbors as far as maintaining the prevailing character of the neighborhood. I've been to that area and the primary person against this plan, Conrad, has essentially a big box rental with no apparent character at all. So again, the complaints appear to me to be ambiguous at best.
00:39:55.69	Unknown	Next person is Mike Nguyen.
00:40:04.21	Mike Gwynn	Hey there. My name is Mike Gwynn. I'm a resident of 115 Solstead.
00:40:10.51	Mike Gwynn	It's a beautiful town.
00:40:12.53	Mike Gwynn	Thanks for enabling us to join by Zoom.
00:40:14.89	Mike Gwynn	Um,
00:40:16.03	Mike Gwynn	I would just like to parlor and continue on the thought pattern of the last speaker.
00:40:21.29	Mike Gwynn	It's been very interesting to watch as a resident of this town as a decision that's made here. It's not just a test of what should happen on Pine Street, but how decisions are made in Sosita in general. What is the position of the Sosita Council and how we run this council? How do we govern the city?
00:40:44.11	Mike Gwynn	And right now, it's been most disappointing to see
00:40:47.55	Mike Gwynn	The.
00:40:47.99	Mike Gwynn	subjective standards being applied over subjective, over objective standards to see
00:40:54.79	Mike Gwynn	the Planning Commission's decisions overruled.
00:40:57.52	Mike Gwynn	And so I argue strongly in favor.
00:41:00.05	Mike Gwynn	of
00:41:01.57	Mike Gwynn	um,
00:41:03.43	Mike Gwynn	letting the Bay of Bayer family move forward into the right processes there. And I would just question all the residents that live nearby and their subjective standards, including, as to the last speaker, the discussion around...
00:41:18.50	Mike Gwynn	What is the character of the neighborhood?
00:41:21.31	Mike Gwynn	where the neighbors are literally big boxes, down the road are concrete structures. Most of the objectives, objections, including the fire issue from Joan Cox, at the last meeting, have been simply ridiculous. And you have to question how the city is governed overall, simply on this decision alone. Thank you.
00:41:42.58	Unknown	Thank you. Anyone else?
00:41:44.57	Unknown	Thank you.
00:41:44.59	Unknown	Emily Schmidt.
00:41:50.20	Peter Schmidt	Hi, can you hear me? This is Peter Schmidt.
00:41:51.94	Unknown	Thank you.
00:41:51.96	Unknown	Go right ahead.
00:41:52.48	Peter Schmidt	Thank you.
00:41:52.53	Peter Schmidt	Thank you.
00:41:52.97	Peter Schmidt	Peter Schmidt, Hi, this is Peter Schmidt. I'm a resident of Sausalito and a homeowner on the north side of town. And I've been following this project as well for quite a while now and just wanted to share that I agreed with the Peter Schmidt, Speaker 2 previous who mentioned the
00:42:12.46	Peter Schmidt	some some points to me and he also reminded me that so I'm in in support of the project and I believe that the appeal should be denied because my concern is the future and the precedent that this would set and my concern would be that if you know these homes that are for families that intend to stay in Sausalito are denied again and again or it takes you know years and years for them to accomplish the home they want to build or live in. My concern is that in the future, what's to present a family that gets denied and denied and denied again from them just sitting on properties, which it seems like we have some of those here just as a point to fight the city. And then all of us as taxpayers are fighting these individuals because they're denied. And and in this case, this seems to me like objectively, the planning commission has decided that this is something that they agree with. So I think we should support the planning commission that I think. Yeah. So that's all I have to say.
00:43:13.43	Unknown	Thank you.
00:43:13.52	Unknown	.
00:43:13.57	Unknown	Thank you.
00:43:13.89	Unknown	Thank you.
00:43:13.92	Unknown	What else?
00:43:15.37	Unknown	Thank you.
00:43:15.42	Unknown	Thank you.
00:43:15.44	Unknown	Thank you.
00:43:15.47	Unknown	Uh,
00:43:15.71	Unknown	I'm not.
00:43:15.74	Unknown	Thank you.
00:43:15.78	Unknown	no further public.
00:43:16.49	Unknown	But,
00:43:16.59	Unknown	comment.
00:43:16.69	Unknown	comments?
00:43:16.94	Unknown	All right, we will close public comment. And now we have an opportunity for the appellant to...
00:43:22.76	Unknown	Alphabet rebuttal. So appellant.
00:43:25.41	Unknown	Mr. Ginn.
00:43:30.98	Unknown	I guess in this case, Mr. Chase, please.
00:43:35.17	Unknown	You have four minutes and 46 seconds. We'll be starting for the time that was-
00:43:39.45	Sam Chase	Thank you. Thank you. Sam Chase, 19 Bonita.
00:43:44.11	Sam Chase	I just want to clarify that
00:43:44.18	Unknown	Thank you.
00:43:44.20	Unknown	Oh, yeah.
00:43:44.30	Unknown	Uh,
00:43:44.45	Unknown	I just want to say.
00:43:48.89	Sam Chase	I submitted my concerns over views back in January of 2023.
00:43:55.87	Sam Chase	This is July of 2023. This is when the first
00:44:01.12	Sam Chase	uh planning commission actually had a public hearing prior to the meeting
00:44:06.45	Sam Chase	And I submitted a lot of information regarding my views then.
00:44:10.77	Sam Chase	I subsequently
00:44:12.29	Sam Chase	submitted.
00:44:14.43	Sam Chase	all my concerns about views
00:44:17.08	Sam Chase	a week before the
00:44:18.91	Sam Chase	October 25th planning commission.
00:44:22.75	Sam Chase	So.
00:44:24.85	Sam Chase	quite frankly, the first thing that
00:44:28.15	Sam Chase	staff got up and said is they had no time to
00:44:31.11	Sam Chase	Look at my
00:44:32.09	Sam Chase	view concerns that came in late.
00:44:35.33	Sam Chase	As for others...
00:44:38.11	Sam Chase	So the planning commission,
00:44:40.39	Sam Chase	I can detect never even considered them.
00:44:43.75	Sam Chase	And, uh,
00:44:45.65	Sam Chase	Secondly, if you listen to
00:44:48.98	Sam Chase	I'm not sure if you're
00:44:50.58	Sam Chase	Junius's presentation in the planning commission
00:44:54.93	Sam Chase	He clearly does not care.
00:44:57.06	Sam Chase	about what it says.
00:44:58.73	Sam Chase	in our planning codes.
00:45:00.84	Sam Chase	there's something that he doesn't really relate to.
00:45:04.55	Sam Chase	He thinks they're confusing.
00:45:06.29	Sam Chase	to ambiguous, went on and on,
00:45:09.65	Sam Chase	and basically said, look, we should just approve this project.
00:45:13.55	Sam Chase	Now that's...
00:45:14.91	Sam Chase	As far as I'm concerned,
00:45:16.60	Sam Chase	Those two items alone were enough to toss
00:45:20.52	Sam Chase	this 5-0 planning commission
00:45:23.35	Sam Chase	decision that was made.
00:45:25.22	Sam Chase	Commission and then the two women on the Commission.
00:45:28.58	Sam Chase	rightfully started out trying to defend
00:45:32.47	Sam Chase	the need
00:45:34.32	Sam Chase	two
00:45:35.69	Sam Chase	Listen to the...
00:45:37.85	Sam Chase	findings and go through the process
00:45:41.70	Sam Chase	Well, they withered at the end of the meeting and went 5-0. I mean, what kind of a 5-0 vote is that?
00:45:49.27	Sam Chase	Think about it. Thank you very much.
00:45:51.89	Sam Chase	Thank you, sir.
00:45:52.78	Unknown	Mr. Gantz?
00:45:53.76	Sam Chase	THE FAMILY IS
00:45:53.84	Unknown	I'm going to go
00:45:54.59	Unknown	I just want to make the point that
00:45:56.70	Unknown	If this was a housing development, then they should have said, this is a housing development up front. This is the regulatory environment. We're going to do it.
00:46:04.61	Unknown	They didn't. In fact, their website is renovate for 26 Pine Street.
00:46:11.97	Unknown	Thanks.
00:46:12.14	Unknown	So what's on the table here is a regular approval process. It's not a housing process.
00:46:20.27	Unknown	development process as far as I can tell.
00:46:22.95	Unknown	Um,
00:46:25.97	Unknown	um,
00:46:32.00	Unknown	Yeah, I'll leave it at that. Thank you.
00:46:33.23	Unknown	Thank you very much, Mr. Ginn. The applicant now has one. You're going to speak. Go right ahead. I didn't know you were speaking, Mr. I go right ahead.
00:46:40.78	Michael Rex	Michael Rex, local architect representing Conrad Gann who lives next door. I just want to offer one thought here. Yes, this project has been a long time coming. A lot of efforts got into it. It would never have taken so long and there would have been much more surety in what they could get approved.
00:47:03.08	Michael Rex	had they been cooperative and worked with their neighbors in a reasonable fashion. This has been an all or nothing
00:47:09.77	Michael Rex	approach and that doesn't work very well in a dense neighborhood where people live so close by i can tell you we get our projects approved much quicker when we work with the neighbors and collaborate than stonewall them so you don't need to feel bad that this took a long time it took a long time because of the applicant's approach thank you thank you mr rex
00:47:32.39	Unknown	The applicant now has one minute if you would like to speak.
00:47:32.41	Michael Rex	the,
00:47:38.82	Unknown	Please put one minute on the clock.
00:47:44.78	Unknown	All right, go right ahead.
00:47:46.01	Stephanie Stryka	Thank you. I'd first like to address the Retsnitsky case, which holding states, we hold that the HAA does not apply to projects that build individual single-family homes,
00:47:48.07	Unknown	SPEAKER 1, I
00:47:56.91	Stephanie Stryka	That is the holding of that case. That is not the case here. This is a single family home in an ADU. Second, I'd like to point City's Council to footnote seven. Since we decide only whether a project consisting of one residential unit qualifies as a housing development project, we express no opinion whether that term contemplates a minimum number of units that is greater than two. The holding is quite limited. It is not expanded to mean net new. The city is pulling that out of thin air.
00:48:24.42	Stephanie Stryka	Next, the city's position on whether or not this project constitutes a demolition or whether or not substantial number of walls are being taken down, the city's position would mean that any time a project does not level the existing structure, the HA would not apply. That is not the case here. This project, it is lifting up a level. It is doing substantial work, and it fits the definition of substantial demolition in the city's code, and it is an HA project. Okay.
00:48:49.34	Unknown	Thank you for your comments. All right, we will now close and bring everything back up to the city council for discussion. Is there anyone who wishes to make any comments?
00:49:00.09	Unknown	Vice mayor.
00:49:01.93	Joan Cox	Can staff please restore that slide to the...
00:49:07.03	Unknown	Thank you.
00:49:07.66	Unknown	Can you kindly put the findings slide up?
00:49:08.04	Joan Cox	I finally put the...
00:49:11.08	Joan Cox	So the concern I have is that the applicant has declined to make any revisions to the project. And at our last meeting, I believe we had consensus that we were unable to make
00:49:26.69	Joan Cox	some of the design review findings, both design review and heightened design review findings. I am gratified that the applicant has agreed to remove the back deck. That makes a huge difference for me in terms of the required setbacks for the project. Without the removal of the deck, this would be a slam dunk denial of the project for me. So...
00:49:54.25	Joan Cox	The applicant has declined to make any changes to their project. And so from my perspective,
00:50:02.23	Joan Cox	Wait, yeah, those are them.
00:50:07.48	Joan Cox	Since nothing has changed, I don't know how I can change my view on these standards unless we somehow make modifications to the project. I hate to design from the dais. I always said that as a planning commissioner, but for me personally, nothing has changed in terms of the...
00:50:30.09	Joan Cox	whether we can make these findings. So that would be the challenge I pose to my fellow council members.
00:50:36.15	Janelle Kelman	Thank you, Vice Mayor. May I offer a suggestion for consideration?
00:50:40.55	Janelle Kelman	So my understanding, correct me if I'm wrong, is that the project sits within the existing footprint. The first floor has been lifted up. A new first floor has been placed. And so the first and second floor are sort of stacked on top of each other. But there is a new third floor that is really contributing to that massing, that loss of space and air and light that pertains to the finding.
00:51:07.30	Janelle Kelman	I checked with the city attorney and there is an objective standard within our zoning that allows us during a heightened design review, such as this project, to adjust the setback requirement. If we were to adjust the setback for the third floor, would that address some of the light and air concerns that you have?
00:51:32.44	Janelle Kelman	lead you more towards making a finding.
00:51:35.19	Joan Cox	Well, I believe that the majority of and may I answer okay I believe that the. Majority of the issues complained of by neighbors concerns the South elevation of the project and so.
00:51:54.92	Joan Cox	Because the neighbor on the other side doesn't seem to have objections to the project or their prior objections were addressed. So for me, I would focus on the south side of the project.
00:52:08.13	Janelle Kelman	Okay, so maybe the city attorney can weigh in here, but my understanding is that the zoning ordinance allows us to under heightened design review standards, objectively modify the setbacks. And so let me suggest that we modify the setback for the third level on the south side.
00:52:28.97	Janelle Kelman	Um,
00:52:30.37	Janelle Kelman	And I don't know, can you just confirm that before I go further, City Attorney?
00:52:33.60	David Wagschal	Yeah, you're referring to provisions of 10504050E discussing heightened design review project
00:52:41.31	David Wagschal	findings.
00:52:43.35	David Wagschal	that section of the code deals, um,
00:52:46.52	David Wagschal	with the following and mentions the site development standards contained in table 10.22-2 are not entitlements. The size, setbacks, or other physical conditions of a proposed new home or expansion of an existing home subject to design review shall be at the discretion of the planning commission.
00:53:03.68	David Wagschal	And in order to meet findings for design review, including
00:53:06.96	David Wagschal	The following heightened review findings, the Planning Commission may approve a home smaller or with greater setbacks or impose
00:53:13.84	David Wagschal	requirements that are more restrictive than those that are set forth in this chapter.
00:53:18.64	David Wagschal	So basically to the extent you need to make
00:53:23.14	David Wagschal	design modifications or imposed conditions of approval to address things like light, air, slope stability, utilities, topography,
00:53:40.91	David Wagschal	appearance of bulk, you are allowed to impose conditions of approval to address those aesthetic issues and
00:53:48.76	David Wagschal	other issues under your discretionary design review process.
00:53:52.79	Joan Cox	Mayor, may I ask a follow-on? Please go ahead, Bessirah.
00:53:54.06	Sandra Bushmaker	go ahead, buddy.
00:53:54.87	Joan Cox	um,
00:53:56.05	Joan Cox	I seem to recall, city attorney, I seem to recall from
00:54:00.40	Joan Cox	the letter we received from council for the project proponent, an assertion that we are not allowed to reduce the size of the project. Do you recall that?
00:54:19.07	Joan Cox	assertion and can you address that in
00:54:23.50	Joan Cox	with respect to
00:54:26.02	Joan Cox	what I think
00:54:27.22	Joan Cox	Councilmember Kelman is
00:54:29.73	Joan Cox	I'm thinking to propose.
00:54:32.08	David Wagschal	Yeah, the the Applicants Council and the applicants submitted some information basically saying the city cannot
00:54:40.70	David Wagschal	reduce the size of their project on the basis of the Housing Crisis Act of 2019, and they cite to the recent Yimby versus Culver City decision.
00:54:50.72	David Wagschal	The housing crisis act includes language that says the city cannot change the general plan land use designation specific land use designation or zoning of a parcel to a less intensive use.
00:55:03.14	David Wagschal	or reduce the intensity of land use within an existing general plan use designation, specific plan land use designation or zoning district.
00:55:11.60	David Wagschal	Um,
00:55:12.78	David Wagschal	below what was allowed
00:55:15.01	David Wagschal	in effect on January 1, 2018.
00:55:18.53	David Wagschal	Um,
00:55:20.83	David Wagschal	and you're not allowed to impose standards that would individually or accumulably reduce the site's residential development capacity.
00:55:27.97	David Wagschal	I do not believe the Housing Crisis Act of 2019 limits the city's ability to impose conditions of approval on a project, as long as you're allowing for a reasonable amount of development. And furthermore, you know, imposing conditions of approval under the existing zoning process would not be considered
00:55:48.74	David Wagschal	making any of the changes that are prohibited under the Housing Crisis Act of 2019.
00:55:54.22	David Wagschal	That Act defines development policy standard or condition pretty specifically to be
00:55:59.57	David Wagschal	a provision of or amendment to a general plan, a specific plan or a zoning ordinance. So you're not changing your zoning for this project. You're actually applying your zoning.
00:56:08.67	Joan Cox	And doesn't that act focus on density primarily?
00:56:11.37	David Wagschal	Thank you.
00:56:11.94	David Wagschal	It does. I think the intent the intention there is that you are not
00:56:16.04	David Wagschal	you're not supposed to reduce the intensity of land use in a way that would lower the amount of units that are allowed to be developed.
00:56:23.97	Joan Cox	May I ask staff, the third story of the project, it's my understanding that's primarily the master bedroom. Is that your? Okay. So I hear yes from the, thank you, Kristen. So essentially, where I hear you going is to reduce the size of the bedroom, potentially, which would not reduce the intensity of use or the density of the project.
00:56:50.82	Janelle Kelman	Yeah, I think Councillor Boston had a comment.
00:56:53.25	Lilyana Spiegal	Yeah, I just want to say I know that this project has come a long way. There's been a lot of effort and a lot of excitement and passion from both the applicants and the appellants. And I appreciate the amount of time that's been put into this. I continue to, as I said at the previous hearing, I would like to see us get to a point where we can approve the project. So I'm hopeful that we can come together to find a way to do that, which will be amenable to those who have put in all of that time. So I'm mindful that there are four of us here and I'm hoping we can work forward to a way to approve this tonight and making it as acceptable as possible for everyone involved.
00:57:35.32	Unknown	Do you have a proposed number for this increased setback, Councilmember Kellman?
00:57:38.66	Janelle Kelman	Where are we right now on the setback? Remind me.
00:57:42.58	Janelle Kelman	Kristen, can you tell us what the setback is?
00:57:43.57	Unknown	Thank you.
00:57:43.61	Unknown	by place.
00:57:44.35	Kristen Tyke	said,
00:57:44.52	Unknown	Bye.
00:57:44.64	Kristen Tyke	Thank you.
00:57:44.67	Unknown	0.3.
00:57:45.13	Janelle Kelman	Thank you.
00:57:45.33	Unknown	Five foot, three inches, I think.
00:57:46.83	Kristen Tyke	Yep.
00:57:47.69	Kristen Tyke	Current setback provided is 5'3". If you were just taking a 40-foot-length building, they would be Bupar at 4'6". So they've already increased it some.
00:57:58.31	Unknown	Perfect.
00:57:58.54	Kristen Tyke	We did not include the deck in our original calculation.
00:58:01.97	Janelle Kelman	Right.
00:58:02.41	Kristen Tyke	Thank you.
00:58:02.49	Janelle Kelman	I appreciate that. Thank you. Right. So just for purposes of the record, we're applying the heightened reviews standards. I think I maybe propose something in the tenant range to, to,
00:58:12.78	Janelle Kelman	increase the light and air so that we can approve this project without the deck.
00:58:17.56	Janelle Kelman	And with this minor modification to the third floor,
00:58:20.70	Joan Cox	I mean, I don't know how other council members feel. I would rather see a foot, but...
00:58:26.55	Joan Cox	Thank you.
00:58:26.57	Lilyana Spiegal	I'd rather see six inches. So I don't know.
00:58:28.36	Joan Cox	other seasons.
00:58:32.33	Lilyana Spiegal	You can
00:58:33.98	Unknown	I think we should do the 10.
00:58:35.89	Unknown	You have six feet of a foot. So look, I'm just going to make a motion to approve the resolution denying the appeal and approve the project with the following additional conditions. Number one, removal of the decks. And number two, increasing the south setback of the third story, an additional 10 inches from five foot three inches to six foot one inch. That's the motion.
00:58:59.46	David Wagschal	And I will just note that the existing resolution
00:59:04.84	David Wagschal	The council packet already includes a condition of approval requiring the removal of the deck.
00:59:13.13	Unknown	So there's a motion, or is there a second? I'll second the motion. Motion's made and seconded.
00:59:16.27	Joan Cox	Yeah.
00:59:18.06	Joan Cox	May I make public comment?
00:59:21.14	Unknown	You have a dually moved in second. Oh, yes, you're correct.
00:59:23.00	Joan Cox	Right.
00:59:24.86	Unknown	Thank you very much.
00:59:25.25	Joan Cox	Thank you.
00:59:25.75	Unknown	Yeah, we do have discussion. You're right.
00:59:27.66	Unknown	Sorry, all the questions are we doing? Yes, exactly.
00:59:27.98	Joan Cox	Right.
00:59:28.99	Joan Cox	Yes, exactly.
00:59:30.43	Joan Cox	I appreciate Councilmember
00:59:33.84	Joan Cox	Dr. Blaustein's comments about the passion involved in this project, but I do want to make clear that if we approve this project, it is not an endorsement of some of the behavior that we've observed on by both sides, both the proponents and the opponents.
00:59:50.91	Joan Cox	to the project. I think the dialogue has devolved
00:59:54.91	Joan Cox	from any type of collaboration to
00:59:58.78	Joan Cox	Um,
00:59:59.64	Joan Cox	I just have not enjoyed reviewing the posts on Nextdoor, and I really...
01:00:07.43	Joan Cox	sincerely hope that if we do approve this project, that neighbors will be able to build bridges rather than walls between them.
01:00:18.17	Unknown	Any other discussion? No, please, please, please order in the room. Thank you. Thank you.
01:00:26.70	Unknown	Is there emotions? Anyone? Any other comments?
01:00:29.56	Unknown	None for me.
01:00:29.88	Unknown	Okay.
01:00:29.99	Unknown	Thank you.
01:00:31.16	Unknown	Okay, the question's called. Motion's all in favor? Aye. Opposed? Okay, unanimously carries. Public hearing is closed. Moving on to the first business item 5A, Project Application 2024-00019 Study Session for Zoning Ordinance Amendment Adoption of More Comprehensive Objective Design and development standards and form-based code. So let us please hear from the staff on business item 5A.
01:00:35.19	Unknown	Bye.
01:01:02.82	Unknown	chickening out which
01:01:04.81	Unknown	not supporting the code, fear them taking you to court.
01:01:10.11	Unknown	which
01:01:10.76	Unknown	That's on the whole thing. Thank you. Thank you. Thank you.
01:01:15.76	Unknown	Thank you.
01:01:16.62	Unknown	So do we have a stop? We'll just take a moment to let the room...
01:01:26.05	Brandon Phipps	Good evening, Mayor, Vice Mayor, Council members, members of the public and staff.
01:01:30.24	Brandon Phipps	Happy to be here this evening, as always, to introduce item 5A as related to the adoption of more comprehensive objective development and design standards, which we colloquially refer to as the odds.
01:01:44.11	Brandon Phipps	Just to frame this item a bit for counsel in the community, this is a study session.
01:01:50.49	Brandon Phipps	To review the draft odds that staff have been working on that will ultimately apply to development projects, which incorporate two or more new.
01:01:59.16	Brandon Phipps	dwelling units in multifamily and non-residential zoning districts that allow how the
01:02:03.72	Brandon Phipps	such as our R2 and our R3 districts,
01:02:06.76	Brandon Phipps	as well as our central commercial.
01:02:09.12	Brandon Phipps	commercial residential, and neighborhood commercial.
01:02:11.84	Brandon Phipps	zoning districts.
01:02:13.30	Brandon Phipps	So as this is a study session, staff is very happy to receive feedback and comment from city council and members of the public at this meeting, and we'll be making modifications and or amendments to the odds as directed.
01:02:28.66	Brandon Phipps	Once staff are able to amend the odds as appropriate to respond to the feedback and direction provided at this meeting, staff will bring the item back before the Planning Commission at a future formal public hearing where the Planning Commission will provide their formal recommendations to City Council.
01:02:46.61	Brandon Phipps	and with
01:02:47.21	Brandon Phipps	Commission's recommendation in hand.
01:02:49.74	Brandon Phipps	staff will return to the council once again.
01:02:52.47	Brandon Phipps	for counsel to review the odds and to render a final decision.
01:02:56.82	Brandon Phipps	And to prime the council discussion this evening, I'll just highlight, based on some of the comments that we received from members of the public, that staff is particularly interested in receiving council feedback and direction on two things. The first of those being objective standards for historic resource preservation. How would council like to deal with that considering the importance of our historic district and the fact that we have not heretofore integrated historic resource preservation objective standards into this draft document. Secondly, objective standards for public and private view reservation. As detailed in the staff report, both of these items are
01:03:34.03	Unknown	as
01:03:38.59	Brandon Phipps	a bit sticky as far as objectifying them is concerned and as discussed by our historic preservation commission as related to historic resources these kinds of objective standards may result in a false sense of historic character for new buildings or at least that's some of the feedback we received from our planning commission excuse me historic
01:04:00.80	Brandon Phipps	preservation commission of course just because something is hard does not mean it's not worth looking into i will though just add that direction to look into objectifying these standards may result in both budget and time increases as related to drafting and ultimately approving a final
01:04:21.88	Brandon Phipps	improved, new and improved version of the objective development and design standards. So thank you for the opportunity to introduce the item. I'll now give the floor to Principal Planner, Neil Toft, and he will discuss the sequencing that the odds have gone through during their development.
01:04:37.67	Brandon Phipps	Thank you.
01:04:37.77	Brandon Phipps	And then you will hear from our consultants, Bob Brown, and I believe Tony Perez as well from Opticast Design, who will discuss details associated with the odds. And myself, as well as staff and consultants, will all be present to answer questions following the presentation. Thank you.
01:04:53.01	Sam Chase	But vice mayor, I have one question.
01:04:54.19	Brandon Phipps	Thank you.
01:04:54.21	Sam Chase	Thank you.
01:04:54.59	Joan Cox	Um, um,
01:04:57.92	Joan Cox	Thank you for your presentation and for all the work that's gone into bringing this to us for a study session.
01:05:03.91	Joan Cox	You mentioned the challenges of integrating historic preservation standards into the odds, and then you also mentioned the challenge of integrating two other factors into the odds.
01:05:13.39	Brandon Phipps	Public and private view preservation.
01:05:16.89	Joan Cox	Thank you.
01:05:17.97	Brandon Phipps	Of course. All right, let's move on. Thank you.
01:05:19.72	Unknown	Thank you.
01:05:24.24	Neil Toft	Hello, I'm principal planner, Neil Toft, and I'm just gonna give
01:05:29.93	Neil Toft	a brief overview of the process, the city,
01:05:33.61	Neil Toft	has been through so far to get to this point with the draft odds. And I'll try to be very quick. I know Bob has a lot of detail to go through. But beginning largely in 2017,
01:05:46.74	Neil Toft	The state of California began adopting series of housing laws largely to limit discretionary review authority of local governments, particularly for what are considered multifamily housing projects.
01:06:03.45	Neil Toft	However, the state did encourage implementation of objective
01:06:07.09	Neil Toft	design and development standards.
01:06:09.40	Neil Toft	Thank you.
01:06:09.55	Neil Toft	as a mean of
01:06:10.70	Neil Toft	streamlining development review and a lot of agencies began taking on this
01:06:15.19	Neil Toft	concept. Now, I will note
01:06:17.37	Neil Toft	The city does have objective standards already in the form of current zoning and subdivision regulations, things that regulate building size, lot size, building bulk. But the concept of the objective design standards are to attempt to replace and provide some controls here.
01:06:38.49	Neil Toft	that are more objective rather than the typical subjective design review.
01:06:43.76	Neil Toft	So subsequently a consortium of county and Marin County jurisdictions, including Sausalito,
01:06:49.01	Neil Toft	joined in developing the Countywide Odds Toolkit
01:06:52.18	Neil Toft	This was an effort funded by SB2 grant funds.
01:06:55.99	Neil Toft	and to develop these local regulations.
01:06:59.59	Neil Toft	The city retained Robert Browne.
01:07:01.92	Neil Toft	and Opticos Design.
01:07:04.23	Neil Toft	to assist the city and to use local standards
01:07:07.84	Neil Toft	due to their experience in working with the odds toolkit and with other foreign jurisdictions,
01:07:13.51	Neil Toft	in June of 2021.
01:07:16.01	Neil Toft	The planning commission appointed a subcommittee of commissioners Feller and
01:07:21.02	Neil Toft	to assist staff and the consultants.
01:07:24.53	Neil Toft	in reviewing these code sections, drafting the criteria.
01:07:28.97	Neil Toft	Thank you.
01:07:29.51	Neil Toft	And subsequently, the staff and the consultants met with the subcommittee
01:07:29.61	Unknown	And so,
01:07:35.53	Neil Toft	16 times since 2016.
01:07:39.13	Neil Toft	2021.
01:07:40.81	Neil Toft	extensively discussed, evaluated their options for the draft odds.
01:07:46.28	Neil Toft	And they also held
01:07:48.36	Neil Toft	several meetings with the planning commission, some with the city council and meetings with the historic preservation board
01:07:55.49	Neil Toft	to review the topic
01:07:58.35	Neil Toft	to be able to get the
01:07:59.09	Neil Toft	and had largely completed drafting the odds. The consultants had largely completed this in early 2023.
01:08:06.72	Neil Toft	However, the city's housing element was already in process and underway during 2022.
01:08:12.59	Neil Toft	And in order to achieve the reallocation,
01:08:15.95	Neil Toft	The city adopted the housing element with 48 opportunity sites.
01:08:21.33	Neil Toft	with
01:08:22.33	Neil Toft	much higher densities, allowing for maximum residential densities of
01:08:26.48	Neil Toft	49 and 70 units to the acre.
01:08:29.38	Neil Toft	And as a result of these changes, staff began coordinating with the consultants to update the draft odds to address these increased densities.
01:08:38.97	Neil Toft	on these sites.
01:08:41.11	Neil Toft	And this included coordination with both the odds consultants
01:08:44.31	Neil Toft	and our housing element consultants who are working on the draft EIR
01:08:47.94	Neil Toft	as well as the programs for the rezoning and the zoning amendments
01:08:51.98	Neil Toft	to comply with the housing element.
01:08:54.91	Neil Toft	direction.
01:08:56.45	Neil Toft	What we had to do was make sure that these
01:08:59.28	Neil Toft	Zoning amendments and general plan amendments.
01:09:02.03	Neil Toft	And the odds were all consistent, internally consistent with the odds and vice versa.
01:09:08.90	Neil Toft	So at its meeting in October of 2023, the council
01:09:12.72	Neil Toft	Authorized contract revisions for our odds consultants to address this. Subsequently, they did update the draft objective odds, worked a bit more with the subcommittee. And then we had a presentation to the planning commission for the current draft odds on February 14th.
01:09:32.93	Neil Toft	We received several comments from the commission.
01:09:36.10	Neil Toft	Uh,
01:09:37.15	Neil Toft	nothing highly consequential, uh, certainly some things we can work with, um,
01:09:43.16	Neil Toft	Bob will go into those.
01:09:45.84	Neil Toft	But we're before you tonight to get any additional feedback or comments before
01:09:51.73	Neil Toft	preparing a final draft to bring back
01:09:54.65	Neil Toft	to the
01:09:55.86	Neil Toft	Planning Commission and the Council for adoption as code for public hearings and adoption as code.
01:10:02.45	Neil Toft	So do you have any questions for me before I pass this on to Bob Brown? Questions from Councilmember.
01:10:09.97	Unknown	Kellman and then Councilmember Blaustein.
01:10:12.06	Janelle Kelman	Thank you so much for that, Neal. And just since we have members of the public who are very interested in this process, talk to us a little bit about the process itself. You just spent a significant period of time taking us through all the different hearings and where we're going with this. What exactly is next for us? This is we're just receiving this. We're not making recommendations here. Can you, I know you already covered it, but can you just sort of say for, so it didn't get lost in the timeframe. What exactly are we doing tonight and where is this going from here?
01:10:46.96	Neil Toft	Well, we've adopted, we've prepared a draft objective design standards using the Marin toolkit as the kind of a baseline to work from, and then design standards utilizing direction from the subcommittee. There's a number of sort of recommendations they built into what you now see as the draft, as well as feedback from those meetings. Now, I didn't participate in all those so i can't speak too directly to the whole process but um what we're at where we're at right now is we have a draft we do have a few comments and suggestions from the planning commission
01:11:29.08	Neil Toft	And what we intend to do is to bring this back to the city council in a
01:11:34.38	Neil Toft	final draft form as a recommended.
01:11:37.15	Neil Toft	um,
01:11:37.84	Neil Toft	ordinance for adoption.
01:11:40.51	Neil Toft	As part of the
01:11:42.21	Neil Toft	housing element.
01:11:43.75	Neil Toft	program and the rezoning.
01:11:45.92	Neil Toft	We have prepared a draft
01:11:48.40	Neil Toft	environmental impact report.
01:11:50.66	Neil Toft	And we've received comments on that. And that impact for drafting EIR
01:11:54.92	Neil Toft	also addresses the programs which include adoption of the odds. So the odds are somewhat intertwined
01:12:01.87	Neil Toft	with the programs that increase the zoning and up zone these sites, increase the densities and increase, you know, height limits, things like that, that is intertwined with the odds because the odds have to be consistent with that program and the odds provide,
01:12:22.48	Neil Toft	more detail to development standards for those types of housing projects, more details to
01:12:28.73	Neil Toft	follow, but one thing the odds cannot do
01:12:31.64	Neil Toft	is create more
01:12:33.48	Neil Toft	shall we say, more restrictive zoning requirements than our current standards or anything prescribed by the housing element or the general plan.
01:12:43.72	Janelle Kelman	Let me just pause.
01:12:46.30	Janelle Kelman	I followed you.
01:12:47.60	Janelle Kelman	I was on the Housing Element Committee, Planning Commission, all that stuff.
01:12:50.57	Unknown	and then,
01:12:50.60	Janelle Kelman	Thank you.
01:12:50.69	Janelle Kelman	Thank you.
01:12:50.71	Unknown	Thank you.
01:12:50.72	Janelle Kelman	Thank you.
01:12:51.35	Janelle Kelman	I think staff, I'm looking for Brandon as well, we're going to need a very simplified version of that. And with like a timeframe, like a chart project management, very simplified because I think the interplay between the odds and housing element and EIR and pragmatic EIR, it's going to get complicated. So thank you for that. But I hope, and then, and Mayor, I do have some questions about the historic resources, view corridors and the state housing laws, but I don't want to take up too much time. So I'm happy to wait.
01:13:19.90	Unknown	I think they're great questions. Let's let Councilmember Boffstein go, and we'll come back to you, and then Vice Mayor, and then we'll come back. Those are important questions.
01:13:26.26	Lilyana Spiegal	My questions are very similar to Councilmember Kelman's. I was just trying to get to a point where we could more plainly explain the process. So I think you did a really good job of articulating that with your questions. I won't repeat them.
01:13:38.01	Lilyana Spiegal	Thank you.
01:13:38.04	Joan Cox	You mentioned the necessity to up zone.
01:13:43.48	Joan Cox	up.
01:13:43.86	Joan Cox	opportunity zones in order to accommodate the required density in order to meet the required RHNA numbers.
01:13:50.65	Joan Cox	Is it possible in our odds to...
01:13:55.24	Joan Cox	delineate areas where we up zone. For example, the north side of town, where we could easily go to 45 feet, as opposed to
01:14:04.13	Joan Cox	the historic district where going to 45 feet might
01:14:08.11	Joan Cox	conflict with preservation of historic resources. Is it possible to enunciate a program that makes that distinction?
01:14:17.65	Neil Toft	I think the odds does make that distinction because the updated draft odds, and Bob will explain this in more detail, but it creates...
01:14:29.31	Neil Toft	The original draft odds had, I believe, four districts.
01:14:34.72	Neil Toft	three neighborhood design areas. But what we've done is create a new...
01:14:42.81	Neil Toft	or new neighborhood design simply for the opportunity site. So it's an overlay zone, and it's the odd standards that apply only to those overlay sites.
01:14:55.23	Joan Cox	The challenge is that we have opportunity sites in the historic preservation district. And so what I'm
01:15:04.78	Joan Cox	I'm seeking to understand how best to
01:15:10.30	Joan Cox	not have the overlay apply to every opportunity site. Can we just apply the overlay to opportunity sites north of a certain landmark or something of that nature?
01:15:21.38	Neil Toft	Well, I think there could be an exercise to really look at those opportunity sites.
01:15:26.80	Neil Toft	study them more carefully and determine if there is a way of looking at a different designation for those sites potentially.
01:15:37.25	Neil Toft	I want to be careful not to spitball too much right here.
01:15:41.11	Joan Cox	I will tell you that.
01:15:41.62	Neil Toft	I'll tell you.
01:15:42.24	Neil Toft	But I see where you're, you know, I think it's a concern. And I do think height was certainly one of the issues that we recognize as
01:15:43.96	Joan Cox	I think
01:15:51.12	Neil Toft	is a concern. It's that balance of trying to make sure we're,
01:15:55.30	Neil Toft	following through with the
01:15:57.26	Neil Toft	housing element programs.
01:15:59.57	Neil Toft	and that we're not taking measures through the odds to further restrict or necessarily undermine those programs while at the same time,
01:16:08.52	Neil Toft	How do we maintain preservation in the
01:16:11.72	Joan Cox	I will share with you there was a group that I was a participant in called Sensible Housing Sausalito that did exactly that. Looked at every single site in Sausalito and identified the appropriate number of units for each of those sites, consistent with the ability of those sites to accommodate higher densities, higher heights or not.
01:16:11.84	Neil Toft	I will share with you.
01:16:35.23	Joan Cox	Somehow, and I know we shared that information, but somehow that didn't translate to the group.
01:16:41.37	Joan Cox	to the work that got done. So I'd like to
01:16:44.24	Joan Cox	I think it would be a simple matter to revisit that and perhaps adjust
01:16:47.90	Joan Cox	the parameters for the overlay zones for the opportunity sites.
01:16:53.44	Joan Cox	Thank you.
01:16:57.05	Unknown	Thank you.
01:16:57.06	Janelle Kelman	Thank you for that. So I want to ask three sets of questions. The objective design standards around historic resources, second one around view corridors, and the third around the state housing laws. So Director Phipps in his introduction suggested that we would be looking at historic resources, but I'm wondering if you can further articulate how objective design standards can safeguard historic resources in terms of providing clear guidelines for alterations, additions, or new construction within historic districts.
01:17:06.56	Kristen Tyke	Mm-hmm.
01:17:06.89	Unknown	Thank you.
01:17:31.52	Neil Toft	Well, I think that one of the basic premises is the, um,
01:17:37.58	Neil Toft	the historic district or that CEQA can still be a tool
01:17:45.11	Neil Toft	for areas that are within for development within the historic district. So there is opportunity for using CEQA as a tool. But I'm gonna say,
01:17:55.91	Janelle Kelman	Sorry to interrupt you, but I'm not referring to CEQA. I'm talking about the actual odds. My understanding, and this is just one of clarification on, is that objective standards could, for example, dictate an appropriate roof pitch, window style, facade, etc. to maintain historical authenticity. Do I have that right?
01:18:03.38	Linda Fodge	.
01:18:03.42	Unknown	to the next day.
01:18:13.54	Neil Toft	Well, the odds as proposed as what you have before you tonight is not necessarily designed to say it's going or create standards that assure historical authenticity in new construction or construction that is accessory to what might be a historic building or site. So there are details. Could they?
01:18:36.29	Unknown	details
01:18:38.03	Neil Toft	It's possible. It's a challenge. And we're not aware it's something we'd have to research because it would be a matter of really identifying what is the historic character of that particular building or site.
01:18:52.84	Neil Toft	that you're trying to preserve.
01:18:56.07	Neil Toft	um,
01:18:57.69	Neil Toft	eras that you need to look to. There are architectural styles. And in fact, this is a set of odds that intended to keep
01:19:07.68	Neil Toft	architectural creativity.
01:19:11.39	Neil Toft	within the
01:19:12.65	Neil Toft	guise of the developer and actually did not attempt to develop
01:19:18.51	Neil Toft	architectural palettes that
01:19:21.97	Neil Toft	or choices in terms of architectural palettes. That was some direction of some of the odd standards to actually provide certain types of palettes. Some communities are more known for mission style or
01:19:35.13	Neil Toft	You know, there's a variety of different approaches, but Sausalito was kind of
01:19:39.42	Neil Toft	known for having a fairly eclectic
01:19:42.76	Neil Toft	different types of architecture and so on, a lot of different eras that kind of play into the history.
01:19:46.44	Janelle Kelman	But it is possible. You're saying that the ones we are looking at don't have that, but it is possible. And it's a similar question for view corridors. So my question is, could an objective development design standard process, maybe not ours as written today, could they address view preservation enhancement
01:20:05.81	Janelle Kelman	including standards that could potentially limit building heights or require certain setbacks. Is that a tool in the toolbox?
01:20:13.57	Neil Toft	Well, I think historic preservation in terms of trying to look towards doing complementing or mimicking certain historic styles is a potential tool.
01:20:25.10	Neil Toft	I think the few preservation is a different animal. It's been something very,
01:20:31.21	Neil Toft	Much discussed, as I understand, through the subcommittee and through this process, through a lot of processes, and we have not yet seen a...
01:20:42.55	Neil Toft	Um,
01:20:44.32	Neil Toft	any other agencies that have developed, and we can look more towards this, but developed what you'd call objective,
01:20:51.85	Neil Toft	view standards, particularly for private views, because the extent to which where the view comes from
01:21:02.88	Neil Toft	so much plays into how you would address the standard.
01:21:06.95	Neil Toft	and so many such a multiplicity of trying to create a standard that meets that definition
01:21:13.67	Neil Toft	of what is objective versus subjective by state law.
01:21:17.26	Janelle Kelman	I'll just share and I'll circle back with the city attorney. Thank you for that, Neil, that I consulted the Association of Bay Area Governments objective design standards toolkit. The San Joaquin Valley Regional Planning Agency's objective residential design development standards, as well as the Mission Viejo example of objective design standards to help craft some of these questions and so maybe we could circle back after the meeting on
01:21:41.46	Janelle Kelman	where those might take us. The reason, obviously, that you know that I'm asking this is because, and tell me if I have this right, that
01:21:51.25	Janelle Kelman	local governments can deny project approvals if they violate objective standards that have to be verifiable and measurable. Right. Right.
01:21:56.80	Unknown	Right.
01:21:57.09	Janelle Kelman	Okay, what does verifiable and measurable really mean?
01:22:02.92	Janelle Kelman	I should ask you beforehand. I honestly don't know. If you don't know, that's fine, too.
01:22:07.67	Neil Toft	Well, I think what it means is it's got to be something that a judge and two parties can agree to, and that it's written in a way that it's not easily considered interpretive, that you're able to say this is a standard that applies.
01:22:28.12	Neil Toft	to this property, to that property, to that property.
01:22:32.44	Neil Toft	It doesn't apply differently here than it does two doors down.
01:22:37.69	Neil Toft	And it has to apply under very, you know, if you meet certain conditions.
01:22:37.82	David Wagschal	or there has to be
01:22:40.13	David Wagschal	you know,
01:22:40.62	Janelle Kelman	Yes, I didn't have to beforehand. I realized that was a
01:22:43.85	Neil Toft	No, it's a challenge, and I will say...
01:22:44.34	Janelle Kelman	It's a challenge.
01:22:47.71	Neil Toft	of
01:22:49.25	Neil Toft	many communities certainly view as one of the most significant and important issues in Sausalito. It's a, it's a community that, um, has a significant, um,
01:23:01.14	Neil Toft	You know, view is a big part of its character and the value and the home values and what you have. So...
01:23:07.08	Neil Toft	It's not, I don't take your question lightly. It's a frustrating kind of matter.
01:23:14.15	David Wagschal	And I can just supplement that a little bit. That is 98% correct.
01:23:20.52	David Wagschal	Objective in the Housing Accountability Act means it involves no personal or subjective judgment by a public official and it has to be uniformly verifiable by reference to an external and uniform benchmark or criterion.
01:23:33.20	David Wagschal	available and knowable by the development applicant or proponent and the public official.
01:23:38.18	David Wagschal	So it has to be something you can verify at the time of application submittal.
01:23:46.99	Lilyana Spiegal	Oh.
01:23:47.40	Unknown	Anything else?
01:23:48.19	Lilyana Spiegal	If we have questions about the specifics, that's for the next presenter, right? Okay, no problem. Thanks.
01:23:49.93	Unknown	Let's go around.
01:23:50.57	Unknown	Thank you.
01:23:53.57	Unknown	Right.
01:23:55.53	Unknown	Okay. Thank you very much. Okay. Thank you.
01:24:02.15	Bob Brown	Good evening. Can the city clerk call up the presentation?
01:24:07.53	Bob Brown	That's the one.
01:24:09.15	Bob Brown	Thanks very much. I'm Bob Brown.
01:24:11.21	Bob Brown	with the council previously about a little over a year ago. So we continue on. So Neil's covered a fair amount of this. So if we can go to the next slide, probably can go through a couple of these. So tonight we're going to cover, I think Neil's already covered why Sausalito and a lot of committees are trying to adopt odds because you lack a lot of discretion in many cases. And this helps to reestablish some of that. We'll talk about what development projects the odds will apply to and which they won't. we'll talk about how we prepare the odds to reestablish some of that. We'll talk about what development projects the odds will apply to and which they won't. We'll talk about how we prepare the odds. Again, Neil covered a little bit of that process. And then we'll go into describing the odds. And I know we'll definitely touch upon the height and how we came about the height proposals and how that relates, but also just generally what these regulations are trying to accomplish and how they really differ from your current zoning codes and design review process. And then I think Brandon wanted to deal with next steps, and I think you'll have some questions on that. Q&A, public comment, and then I'm sorry that was from the Planning Commission. We want then feedback from the City Council tonight.
01:25:14.20	Bob Brown	Next slide.
01:25:16.53	Bob Brown	I don't think we need to dwell on this. And Neil already covered why we're going about this fairly arduous process of adopting odds. Next.
01:25:24.94	Bob Brown	So the city attorney had recommended that we have this in the staff report to try to clarify these state laws are extremely confusing, you know, both to attorneys, planners, and certainly decision makers. So what this indicates is sort of how these state laws affect your current discretionary design review process. So there's really three buckets of types of projects. One is a project that adds only one new housing unit or involves renovation of existing housing units, but not addition of multiple units. These are not subject to these state laws or limits at all. So your current discretionary design review process still is in play and your current zoning standards are still effective.
01:26:10.28	Bob Brown	The next category of projects are those which add two or more new housing units and are not necessarily affordable. They don't meet the state's affordability requirements. So in these cases, the city cannot deny reduced density or make practically infeasible these projects if they're consistent with the adopted odds.
01:26:33.84	Bob Brown	So you can add conditions, you can do discretionary design review, but those conditions
01:26:38.69	Bob Brown	cannot reduce the density or make the project infeasible.
01:26:43.71	Bob Brown	And then the last bucket of projects are those which qualify for state laws. There's SB 35, AB 2011, and no doubt more coming down the pike. Um,
01:26:53.85	Bob Brown	And for those projects, those have to be reviewed ministerially. There's no SQL review. And it's really a check the box. If they meet the odds in their entirety, then the projects have to be approved. They cannot be denied or the density reduced or the projects conditioned in any way that would do that.
01:27:13.49	Bob Brown	Next, please.
01:27:16.44	Bob Brown	Even with the very best adopted odds, that's not necessarily the end of the game because the legislature and their wisdom have created the state density bonus law. And so projects that meet the affordability requirements in that law can qualify for waivers and concessions so they can avoid your zoning regulations, including the newly adopted odds regulations. So you may get a project that will claim these waivers or concessions and are allowed then to exceed what the odds would otherwise allow.
01:27:50.97	Bob Brown	The other projects that would not be subject to your odds are those that have a complete SB 330 pre application. I think you may have one of those, at least, and any application that has been submitted and is complete prior to these odds being adopted.
01:28:07.80	Bob Brown	Next, please.
01:28:10.66	Bob Brown	So very important, what projects do the odds apply to and which do they not? So the odds will apply to any development project that includes two or more new dwelling units.
01:28:22.41	Bob Brown	So these are multifamily units, supportive or transitional housing units, emergency shelters, or mixed use projects that are at least two thirds residential.
01:28:31.98	Bob Brown	It will be applied only in your zoning districts that currently allow multifamily units. So that's in the R2, R3, and three of the commercial districts.
01:28:45.16	Bob Brown	It does not apply in your single family zoned areas. So it does not affect a new single family home, does not affect a new single family home and a new ADU, and it doesn't affect anything that would be applied for under SB9. Again, these odds are not doing anything with those types of projects. And it also doesn't apply to a commercial project or remodel of existing multifamily projects.
01:29:11.19	Unknown	Next, please.
01:29:16.09	Bob Brown	As Neil said, the housing element caused us to go back to the drawing board.
01:29:20.80	Bob Brown	You have two programs in your housing element, 16 and 19. They call for preparing odds for these streamlined situations and also call for evaluating the height limits to accommodate these new densities.
01:29:35.90	Bob Brown	The original odds we prepared were based on your current zoning parameters.
01:29:41.45	Bob Brown	existing FAR,
01:29:43.27	Bob Brown	existing densities,
01:29:45.27	Bob Brown	Height limits, setbacks, they're all virtually the same for
01:29:50.09	Bob Brown	the existing zones that are multifamily and commercial.
01:29:55.31	Bob Brown	But because of the housing element, increasing density on 48 specific sites, allowing up to 49 or 70 units an acre, we had to go back and create an additional odd zone that can accommodate these higher densities. And so I'll talk a lot more about that in a few minutes. Next.
01:30:15.42	Bob Brown	Neil already covered the preparation here. I would just mention one additional factor. Your newly appointed planning commissioner, David Marlott is an architect. He has submitted a lot, about 90 some specific comments on the draft odds. So we're working those through with him and we've had one meeting, very, very productive. So we'll be getting back to him. And again, it's great having the input of a local architect.
01:30:38.69	Joan Cox	And can you share that with the council?
01:30:41.46	Bob Brown	His comments?
01:30:42.79	Bob Brown	Uh, yes. Yeah. I can make sure Brandon has that available.
01:30:47.30	Joan Cox	Or at least the council working group. I don't know if the entire council is interested, but.
01:30:52.77	Lilyana Spiegal	We're always interested. Bye, Smircox.
01:30:55.97	Lilyana Spiegal	Thank you.
01:30:56.04	Bob Brown	Okay.
01:30:56.53	Lilyana Spiegal	Thank you.
01:30:57.27	Bob Brown	More homework.
01:30:59.23	Bob Brown	Okay, next slide, please.
01:31:02.69	Bob Brown	Again, Neil covered the fact that all this is based upon the Marin County odds toolkit prepared by Opticos. And, um,
01:31:12.14	Bob Brown	Five jurisdictions, five have already adopted these in one way or another, all customized for their own situations. But Corte Madera, Belvedere, San Anselmo, Novato, and the county have all adopted one form of this particular type of form-based code. Next.
01:31:33.32	Bob Brown	So to customize the odds for Sausalito, again, we started with your existing zoning and then we essentially turned that into the form-based code for your existing multifamily and mixed use zones. Again, the adoption of the housing element causes to go back to the drawing board and adopt additional overlay zone for the housing opportunity sites. Next.
01:32:01.38	Bob Brown	So as part of this effort, OptiCoast, regarding the housing opportunity sites, they looked at 33 of the 48 housing opportunity sites. Normally, OptiCoast would just study a small percentage to figure out what needs to be modified. But in this case, your housing opportunity sites are very unique.
01:32:23.57	Bob Brown	varying sizes,
01:32:25.61	Bob Brown	varying topography, a lot of it with steep slopes, various sizes. So it's not a one size fits all thing by any stretch of the imagination. So they went through 33 of these. And what they did was they, for each of these sites, placed the building footprint on the site that corresponded with one of their building types, figured out where the parking could go. And then they figured out how many stories do you need to get this number of housing units for each of these sites? And one of the most important assumptions was how big are the units? So we used an average unit size of 600 square feet for this study. And 600 square feet is not particularly large. It's not really typically market rate size, but it does minimize the form of the building.
01:33:12.98	Bob Brown	And also importantly, I think it's also makes these units more affordable by design because they're smaller.
01:33:20.20	Bob Brown	Okay. And what the analysis by Optico showed was that again, a wide variety of these sites, some could get by with two stories of height, others up to five stories. So we had, again, a wide range and I'll go through the specifics of that in a minute. Next.
01:33:38.14	Bob Brown	So I think before we get into some of these details, it's really important to understand sort of the bigger picture of what this floor-based code is trying to
01:33:47.42	Bob Brown	achieve and how it's different from your current zoning. So your current zoning essentially establishes a developable box on a piece of property with height limit and setbacks. And it relies on discretionary design review to sort of fill in the details of the building architecture and form that's acceptable. Well, lacking that kind of discretion.
01:34:06.74	Bob Brown	What the optical standards try to do is with a form based code,
01:34:10.61	Bob Brown	create predictable results that reduce the scale of buildings by limiting the maximum building size and dimensions. And that's super important. These don't allow huge complexes.
01:34:24.12	Bob Brown	They try to limit the visibility of parking as much as possible, really focus on how pedestrians access the units and what the streetscape looks like. They try to address development on slopes, so it steps with the slope. It addresses things like the privacy of bedroom units when they're in opposite buildings, and even things like screening of parking and mechanical equipment. Next. Next.
01:34:54.74	Bob Brown	So these OptiCoast form-based codes really focus on what's been dubbed the missing middle. You've probably heard that at conferences.
01:35:02.48	Bob Brown	It's sort of moderate density housing types that sort of are between the scale of single family homes and sort of mid-rise block scale buildings.
01:35:13.18	Bob Brown	And it's trying to hit that sweet spot in the middle. Next, please.
01:35:16.93	Bob Brown	And so the idea is to have these standards and they create building types that fit in and integrate into the existing scale and neighborhoods pretty well.
01:35:26.55	Bob Brown	Again, without discretionary view, but just based upon the allowable forms, heights, and character and size of these buildings. Next.
01:35:35.27	Bob Brown	Also extremely important in the OptiCoast code is that it limits, it requires that larger sites be sort of subdivided, not physically subdivided, but have multiple smaller buildings on them instead of, again, these large block scale buildings. Block scale buildings are allowed in the commercial mixed use districts, but not in the multifamily districts. Next.
01:35:59.11	Bob Brown	The other thing that OptiCoast codes really stress is how the buildings front the street to sort of make it very friendly and active streetscape. This is an example recently built in Novato. This is not something that would be allowed under the odds. So this building, these units don't face the street. They face a side driveway. And what's immediately behind the sidewalk is a parking space. So this is exactly the kind of development that the OptiCoast standards would not allow. Okay.
01:36:25.62	Unknown	Next.
01:36:25.91	Bob Brown	Thank you.
01:36:28.39	Bob Brown	So I think the best way to describe this new form-based code is to sort of look at how a developer would use the code to develop a project. So the first thing they would do is try to figure out what is the odd zone for the particular property that they're interested in. And next, please.
01:36:47.81	Bob Brown	And there are, as Neil mentioned, four zones. So...
01:36:51.38	Bob Brown	The neighborhood small scale on the far left, that is going to be what the currently R2 sites are under this code. And it allows single family homes and duplexes only, which is consistent with what your R2 is right now. R3 would typically be rezoned to the neighborhood medium scale. So it allows multifamily structures. And then the mixed youth small scale would be applied to your commercial sites. And then again, we have this fourth, which is the housing opportunity overlay. Next, please.
01:37:27.29	Bob Brown	And these would all be shown on a zoning map. You're used to this. This would essentially be the second page to your current zoning map where each of these sites is designated. And in response to council member Cox's question, again, this is where those housing opportunity sites, the 48 would be designated on this particular map.
01:37:46.68	Unknown	No.
01:37:46.73	Bob Brown	next
01:37:46.86	Unknown	Please.
01:37:46.96	Unknown	please.
01:37:47.15	Bob Brown	Thank you.
01:37:49.02	Bob Brown	So what these zones do, they regulate the building types that are allowed, the size of the development site, so how many buildings you get on a particular site, the setbacks, setback encroachments, the height limits, the amount of building facade you have to have adjacent to the street so you don't have much in the way of parking lots on the street, uh, frontage types. And again, these all reference your general plan for density and FARs. They don't modify those. street, frontage types. And again, these all reference your general plan for density and FARs. They don't modify those at all. Next, please.
01:38:22.18	Bob Brown	There are two changes that are proposed from your current zoning. One is to slightly reduce the parking requirements for multifamily units. And again, this is an attempt to incentivize housing production, make it feasible.
01:38:36.83	Bob Brown	And the other thing is we increase the bike parking requirements commensurate with the reduction in auto parking. We want to make sure that residents have plenty of bike parking available for them. Next, please.
01:38:51.56	Bob Brown	So again, what this chart is showing is the three zones that are applied to your multifamily and your commercial zones are essentially the same setbacks and the same height limits as you currently have. So really no difference there. Next, please.
01:39:08.50	Bob Brown	So for the HO overlay, which I think is probably most on your mind, again, there's 48 of these. The intent is that 30 of them that aren't encumbered by the Fair Traffic Initiative or Ordinance 1128 would be rezoned with the adoption of the odds in a first phase effort. And then the second phase, the remaining, what is that,
01:39:34.98	Bob Brown	18 would be included in the ballot initiative that will occur subsequent.
01:39:41.61	Bob Brown	So the proposal is for the overlay to increase the height limit to four stories. That's 40 feet to the highest eave
01:39:52.87	Bob Brown	and then up to 45 feet maximum for a sloped roof. And to try to mitigate the effect, the visual effect of that fourth floor, that fourth floor is required to be stepped in five feet around the sides. So there's a bit of a step back for that, the fourth floor. Next, please.
01:40:11.56	Bob Brown	Just want to remind the council again, the housing element that was adopted and approved did anticipate that there was a likelihood that the height restrictions would have to be modified to accommodate these higher densities, which is what we're doing. Next, please.
01:40:27.31	Bob Brown	So this is the analysis that Opticos did for 33 of these sites. And what it shows in pink, you see the sites that are highlighted as needing four stories to achieve the densities that are assigned. And there's three sites that would require five stories.
01:40:45.06	Bob Brown	The others can get by with three. And unfortunately it didn't sort out rationally. So you might think that the 49 unit per acre sites could get by with three stories.
01:40:55.76	Bob Brown	and the ones go up to 70 units.
01:40:57.97	Bob Brown	would have to have four or five stories. That's not the way it's sorted out. Again, these sites are so different. It was a site-by-site kind of analysis. And we can talk more about how to differentiate the heights on individual properties. But again, what's proposed right now in the draft is a four-story height limit for all 48 of these sites.
01:41:19.79	Bob Brown	Next.
01:41:19.98	Unknown	Thank you.
01:41:20.03	Bob Brown	like,
01:41:24.75	Bob Brown	I just wanted to show this short sampling
01:41:28.04	Bob Brown	of the relationship in other jurisdictions between density and height limits.
01:41:33.36	Bob Brown	Just to give you a sense that
01:41:35.11	Bob Brown	Really, once you start getting up into 49, say 50 units per acre to 70 units per acre,
01:41:41.17	Bob Brown	um in other cities that have those kinds of densities you are definitely not talking about three stories anymore it's just not really practical to try to get that kind of density into three stories
01:41:52.34	Bob Brown	Next, please.
01:41:55.70	Bob Brown	So getting back to how a developer would then proceed developing his project after they figure out the building volume, then they would pick one of the building types. Next, please.
01:42:07.33	Bob Brown	that are allowable for that zone. And there are 11 different building types. Some are allowed in each zone, some are not recluded, but again, there's a total of 11 of these different building types. And the idea is to try to create a really predictable building form as a result. Next.
01:42:24.32	Bob Brown	And the building types include maximum building dimensions, the minimum size of open space required, and how the pedestrians access these buildings. Next.
01:42:35.90	Bob Brown	Then the developer would determine the building form and design. So for each of these building types, there's an associated allowance for amassing composition and,
01:42:45.01	Bob Brown	And there's a handful of these for each building type.
01:42:47.73	Bob Brown	So the developer would pick one of these massing
01:42:50.05	Bob Brown	compositions and what those do next, please.
01:42:56.18	Bob Brown	is what next?
01:42:58.66	Bob Brown	Yeah, the mousing compositions make sure there's some articulation in the building facade and form and also define what the roof type would be like.
01:43:06.76	Bob Brown	Next, please.
01:43:09.32	Bob Brown	And then finally, the applicant would select a frontage type.
01:43:12.78	Bob Brown	Next, please.
01:43:14.66	Bob Brown	And there are five different frontage types for residential projects and four for mixed use projects. And again, they would pick one of these. And next slide. And each one of these frontage types has dimensional requirements, allowed encroachments in the setback, et cetera, et cetera. Next please.
01:43:34.93	Bob Brown	Also, beyond these specific regulations, there's a chapter of regulations that apply uniformly in all zones to all buildings, and these include requirements for screening of mechanical equipment and parking. Some provisions for parking and loading that are a little different than the zoning ordinance, mostly in terms of landscaping and where the parking can be located.
01:43:55.24	Bob Brown	Some slope standards to get the buildings to step with the slope.
01:43:58.73	Bob Brown	Public frontage standards for how the streets is affected. And then lastly, privacy standards when you've got buildings that are adjacent to one another and their rooms can peer into one another's windows.
01:44:10.53	Bob Brown	Next, please.
01:44:13.81	Bob Brown	Regarding architectural standards. So there is a chapter
01:44:18.07	Bob Brown	in the toolkit that has very, very detailed standards for six different architectural styles.
01:44:26.88	Bob Brown	Contemporary, which is a lot of what you see today being built. Craftsman, Mediterranean, Tudor, Victorian, and Main Street classical.
01:44:34.73	Bob Brown	And these have really detailed requirements for window styles, doors, cornices, materials, balconies and railings. So, again, really trying to make sure that if somebody builds to one of these styles, it's authentic.
01:44:53.11	Bob Brown	These have not been included in the draft.
01:44:56.50	Bob Brown	And that's because the Historic Resources Commission and your Planning Commission on subcommittee felt that these regulations were too prescriptive. And they would result in very highly stylized sort of Disney-esque faux historic buildings. So they rejected that idea. We've not included them. And in fact, I would say half of the communities I've seen include architectural standards. Some don't.
01:45:20.88	Bob Brown	Um,
01:45:21.52	Bob Brown	If you don't have these though, the odds will regulate the building form and its location
01:45:26.99	Bob Brown	but leaves really the facade design and the materials up to the applicant.
01:45:32.68	Unknown	Next.
01:45:32.88	Bob Brown	PEOPLE.
01:45:32.97	Unknown	Peace.
01:45:35.56	Bob Brown	We have a chapter that has standards for large sites, and this is a site over three acres in size. That's not very applicable to Sausalito. In fact, I think the only site that we've seen that really meets this would be the MLK site, which is one of our housing opportunity sites. And what these regulations require is that a large site like that be broken up into blocks of a reasonable size and divided by streets and sidewalks, et cetera. So it also requires that there be some minimal amount of civic space and has design criteria for what those civic spaces can be. Next, please.
01:46:11.34	Bob Brown	The administration chapter refers back to your zoning code with its procedures only. Next.
01:46:21.13	Bob Brown	And we have a chapter on definitions. There's 128 unique terms in the Oz that are defined very carefully. And there's a whole section on how to do measurements of slope, building height, et cetera. So very helpful to project designers.
01:46:36.53	Bob Brown	Next.
01:46:38.88	Bob Brown	And that's it. So the next steps, I don't know, Brandon, if you want to handle this, you want me to go over this?
01:46:45.65	Unknown	OK.
01:46:46.52	Bob Brown	So the idea is that the EIR is being completed. We'll have a final EIR for implementation of some of these housing element programs, including adoption of the odds. I imagine that's going to be available in a couple of months for certification. Then the idea is that we would adopt amendments to the municipal code. Some of these are for Title 10, your current zoning code. And then the majority of these would be the adoption of Title 10 A, which is this new odds. And we would also adopt changes to your zoning map and adopt a new odds zoning map as well. And again, these would be for the phase one housing opportunity sites, not the ones that are limited by voter initiative.
01:47:35.26	Bob Brown	Thank you.
01:47:35.27	Brandon Phipps	Um,
01:47:35.88	Brandon Phipps	speak to some brief items.
01:47:38.99	Brandon Phipps	Thank you very much, Bob. So some of the items that I think aren't listed here, but that would be helpful to paint the picture of sequencing, I think this is getting a little bit ahead of ourselves. What I would like to receive from council this evening is direction as to how this group might amend the objective development design standards to be more in line with the product that council would like to see applied to these zones that we've created. And part of that, as I mentioned in my introduction, is getting direction from council on objective standards for view preservation as well as historic resource preservation. Those would all be very helpful for us this evening. Following council's provision of direction to staff this evening, staff will rework the odds
01:48:28.97	Brandon Phipps	And bring that.
01:48:30.76	Brandon Phipps	new and improved version
01:48:32.62	Brandon Phipps	back to the Planning Commission for consideration with David Merlot.
01:48:37.78	Brandon Phipps	the new planning commissioner who has replaced Richard Graff most recently. David Merlot has provided 90 comments in connection with these odds already. But at the time of provision of those comments, he had not yet sat as a planning commissioner. So we want to give him the opportunity to provide that feedback at a planning commission public hearing.
01:49:00.68	Brandon Phipps	so the staff can then formally integrate those comments into
01:49:04.73	Brandon Phipps	A further
01:49:05.93	Brandon Phipps	new and improved version of the odds.
01:49:08.29	Brandon Phipps	that then will go back to city council for additional review.
01:49:12.68	Brandon Phipps	Only after that point.
01:49:13.96	Brandon Phipps	Thank you.
01:49:14.18	Brandon Phipps	Will these steps.
01:49:16.05	Brandon Phipps	Kickin'.
01:49:16.96	Brandon Phipps	And we will move to completing our final EIR, informed by the new and improved odds, housing element and implementation of our housing element program.
01:49:25.57	Brandon Phipps	Thank you.
01:49:26.62	Unknown	Great. So can we ask you some questions now? Are you...
01:49:27.63	Bob Brown	So,
01:49:29.69	Bob Brown	go.
01:49:29.96	Bob Brown	Brandon indicated that this afternoon he wanted me to address historic preservation and view preservation, which weren't in the original presentation. So let me try to do that. Those are both, as Neil indicated, pretty thorny issues for objective standards. So on historic.
01:49:47.90	Bob Brown	Let me suggest that there are three scenarios here that really relate to historic preservation. One is when you have a listed historic structure and it's being demolished.
01:50:00.08	Bob Brown	A second is if you modify a listed historic structure. And the third would be a new building that is being built in a historic district, but it doesn't affect a listed structure, but it impacts the overall cohesiveness of the district. So the state laws like SB 35 and AB 2011 that allow for ministerial review, no CEQA,
01:50:25.22	Bob Brown	They're not applicable when an applicant proposes to demolish a listed historic structure.
01:50:31.97	Bob Brown	So,
01:50:33.54	Bob Brown	CEQA is applicable in those cases, as well as your normal review processes, your historic resources commission, et cetera.
01:50:40.97	Bob Brown	Thank you.
01:50:41.07	Bob Brown	Um,
01:50:42.08	Bob Brown	But in those cases, if they're adding two or more units, then as I said earlier,
01:50:47.94	Bob Brown	You cannot, as part of that discretionary review, you can't limit the density or make the project infeasible. So it's really difficult to scale down the size of those buildings and not impact the project feasibility.
01:51:03.70	Bob Brown	For projects that would seek to modify but not demolish a listed historic structure,
01:51:09.54	Bob Brown	Um,
01:51:11.80	Bob Brown	and therefore would qualify for laws like SB 35 and AB 2011.
01:51:17.65	Bob Brown	There would be no SQL analysis, no review discretion. It would only be compliance with the odds. And again, the odds don't really address this at all.
01:51:28.03	Bob Brown	So, and where that line is between demolition and modification, I'm not an expert, I can't really address that, but
01:51:35.22	Bob Brown	I would like to add that, again, I've looked pretty extensively all over the country to see if there's a jurisdiction that's been able to come up with objective historic preservation standards. And I've not found anything. I mean, even communities like Pasadena that are all about historic preservation, they have nothing but discretionary standards right now.
01:51:55.62	Bob Brown	And that's because...
01:51:57.34	Bob Brown	Historic preservation standards, they rely on guidelines, like the Secretary of the Interior standards.
01:52:04.45	Bob Brown	These are discretionary and they require a case by case determination of an historic buildings character defining features and how those are being affected. And like the city attorney said.
01:52:14.88	Bob Brown	with these ministerial projects, you have to define these standards up front. You cannot wait for an historic architect to render an opinion about what's historic character and what is not. So it really makes it very, very difficult.
01:52:29.88	Bob Brown	When you have a new building being built in a historic district where they don't directly affect a listed structure, the rules we discussed earlier still apply. So for SB 35 and 2011 projects that qualify,
01:52:44.22	Bob Brown	There is no discretionary design review, only compliance with the odds. And for projects that don't add two or more units,
01:52:50.36	Bob Brown	or don't qualify for those state laws, then it's the odd standards and your normal design review process. So it's complicated, but again, the new laws don't allow for a lot of areas of discretion like historic preservation.
01:53:08.93	Bob Brown	In terms of view preservation, the Planning Commission odds subcommittee and I, and the city attorney spent a lot of time, better part of two years working on this.
01:53:20.47	Bob Brown	to try to find objective standards. And I guess I would point out three things. First of all, is the odds aren't applicable, as I said, to single family homes. So a lot of review issues, which relate to the views from the hills and the single family homes, they're not really affected by this. Second, for projects that aren't SB35 or AB2011 projects, you still have your discretionary design review criteria, including your view preservation criteria, except again, you can't reduce the size or the feasibility of the project to accommodate offsite views. So again, you can play around the margins, but you really probably can't reduce the size of the building much at all to make it infeasible. And again, third, as I've said before, we cannot find an example out there of objective view preservation standards.
01:54:15.87	Bob Brown	Vancouver, Canada comes close on public view preservation, but they still require subjective determination. So that one really isn't there yet either.
01:54:26.22	Bob Brown	And that's because the analysis of views is inherently subjective and requires a case-by-case analysis from potentially multiple off-site vantage points.
01:54:36.53	Bob Brown	And I did develop a very draft ordinance for the review of the planning commission subcommittee. The city attorney was less than enamored by it and has strong reservations. But just to give you a sense of the kinds of issues you need to quantify, one is,
01:54:52.76	Bob Brown	What constitutes protected views?
01:54:54.80	Bob Brown	More specifically, you know,
01:54:56.02	Bob Brown	Is it the Bay Bridge, the Bay?
01:54:58.43	Bob Brown	Um,
01:54:59.22	Bob Brown	San Francisco skyline, what are you trying to protect?
01:55:02.55	Bob Brown	what's surrounding properties
01:55:04.49	Bob Brown	have protected views. How far out does it go from the subject property? I mean, is it a quarter mile, a half mile? How far out can it go? Because you can have dozens of protected vantage points.
01:55:16.01	Bob Brown	How do you determine what vantage points are used for view analysis?
01:55:19.96	Bob Brown	From what locations in a home?
01:55:22.27	Bob Brown	How many locations?
01:55:24.10	Bob Brown	How does the applicant get permission from those homeowners to get into their homes to take photographs for a view analysis?
01:55:31.81	Bob Brown	Most importantly, how do you determine what a view reduction, when a view reduction is not acceptable? Is it a certain percentage loss of a viewscape? I don't know anybody would be very satisfied with trying to quantify someone's view loss like that. And then finally, how do you allow the public to participate and verify the accuracy of these view analyses, especially when you're given the limited timeframes that these state laws allow?
01:55:58.61	Bob Brown	So those are some of the real challenges.
01:56:01.19	Bob Brown	The planning commission subcommittee suggested that, um,
01:56:06.34	Bob Brown	We've tried to delve first into public view preservation, specifically from parks and
01:56:13.46	Bob Brown	the public stairs, because in those cases, you can identify the vantage points up front. So it's not a
01:56:19.78	Bob Brown	You know, depends on the situations thing with private view so you would predetermine those and what those viewscapes are and you can that case quantify if a project is intruding into those and by how much. So that might be one thing to look at further. But again, the city attorney has a lot of reservations about view preservation standards.
01:56:42.14	Unknown	Thank you. All right. Let's ask some questions. If you don't mind, I'll just ask a couple and then share it with my colleagues. So just on these last points on view preservation and historic preservation.
01:56:42.80	Bob Brown	I'm not.
01:56:54.09	Unknown	And I also noted you didn't do any subjective
01:56:57.57	Unknown	standards on facades or on colors. No.
01:57:01.48	Unknown	Let me start in the reverse order actually colors.
01:57:05.19	Unknown	Defined by wavelength nanometers, it could be very prescriptively and objectively defined. A color wheel gives you complementary colors where you could define axes of complementary colors across a neighborhood. So is that an objective standard that one could use?
01:57:21.72	Bob Brown	You could preclude certain colors in the odds we did for Tiburon. They did not want very dark colors or very light colors because this is all their sites are in the hillsides. And so we were trying to get a middle range. So in that case, we prescribed a certain percentage of gray that has to be in the colors.
01:57:41.29	Bob Brown	So you can get at it. It's not easy, but you can. All right. But currently we have none.
01:57:45.51	Unknown	Yeah.
01:57:45.66	Bob Brown	So,
01:57:45.97	Unknown	Someone can do a bright orange house if they want. They could. Or building.
01:57:49.49	Unknown	They could. So and so. Well, we'll get to direction. Let's stick with questions again.
01:57:56.93	Bob Brown	Again, I would say that you do not have that authority
01:58:00.80	Bob Brown	in projects that qualify for like SB 35 or AB 2011.
01:58:05.29	Bob Brown	because that's strictly ministerial. However,
01:58:07.77	Bob Brown	for projects that don't qualify for those. You still have design review and changing the color
01:58:12.61	Bob Brown	is not something that really
01:58:14.21	Bob Brown	would limit the feasibility of a project. So I think that that would be fine.
01:58:18.15	Unknown	Got it. But in your, in the current draft, we do not have any kind of color guidance and we could, and not only could it be, uh, specific tones, like you talked about with Tiburon, did you say, but you can actually use a color wheel to, to match, have a, have a complimentary, or if you want to be clashing, you can have clashing colors only, uh, but it could be an objective standard, presumably.
01:58:31.39	Unknown	Mm-hmm.
01:58:43.74	Bob Brown	You probably could create an objective color standard. Yes.
01:58:46.43	Unknown	All right.
01:58:47.22	Unknown	Then similarly, or maybe differently, actually have a question. I'm no lawyer, but
01:58:53.30	Unknown	A lot of times they read in the law as a lay person. I just want to ask this question. People apply something called the reasonable man person, reasonable person standard. What would a reasonable person say about this or that?
01:59:06.41	Unknown	Now, I appreciate that.
01:59:08.13	Unknown	that eventually has to be adjudicated. But in terms of it being an objective standard that still affords someone the opportunity to litigate to say you're not being reasonable, but it does allow you the flexibility of just being reasonable to say that facades should look reasonably complementary. Is that not a standard that could be incorporated in the odds that
01:59:28.48	Bob Brown	I'm not an attorney. I don't think so. But I'm sure your city attorney be happy to weigh in on that one.
01:59:33.39	Unknown	you
01:59:33.90	Unknown	Thank you.
01:59:33.91	Bob Brown	I guess I would ask the city
01:59:34.98	Unknown	if he knows the answer to that question.
01:59:37.88	David Wagschal	So...
01:59:40.31	David Wagschal	uh am i on here we go okay yeah i i do think something like a reasonable person standard is
01:59:47.95	David Wagschal	argue is an objective standard.
01:59:51.38	David Wagschal	So again, I think that the big issue is whatever your objective requirements are, you have to make sure that they're verifiable at the time of application. So the developer should be able to know
02:00:02.53	David Wagschal	whether or not they're in compliance and it shouldn't be susceptible to dispute.
02:00:06.69	David Wagschal	So that's really the key issue with any of the standards that you set.
02:00:12.02	Unknown	All right, so
02:00:14.95	Unknown	I just have to ask because it's kind of my job, I suppose, as the layperson here to ask that question. Really, you said you didn't think so, but I'm wondering how much wiggle room there is in that. Like we know if you take, well, to pick my example, if a reasonable person would say bright construction or blaze orange clashes with tonal grays. Like no one would say that those two colors like harmonious together, like a reasonable person would say those colors clash. You would also say that the, you know, a stainless steel facade clashes with brick. Reasonable people would say that. Yeah.
02:00:56.97	Unknown	Why can that not be a standard that we apply as an objective design standard in the sense that developers, builders, people, they're reasonable people too. They live in the population, they grew up in the culture, and that that could be an expectation that a designer and a developer, a property owner, would be part of the reasonable community, would know what's reasonable and what isn't.
02:01:22.05	David Wagschal	Yeah, I mean, I think the question you've got to ask is rather, is the standard sufficiently concrete to be verifiable? And if you can answer that with a yes, then that's sufficiently objective to be enforceable. And I can give you some examples of what HCD has in their toolkit suggested are.
02:01:43.84	David Wagschal	you know, sufficiently definitive that they are enforceable, even though there's potentially some room to argue that they may be subjective.
02:01:52.04	David Wagschal	You know, one of their design standards is, you know, rooftop mechanical equipment shall be screened from public view by a parapet wall.
02:01:52.12	Unknown	you know, one of the
02:01:59.12	David Wagschal	David Kahneman, Decorative equipment screen or other actual treatment. So you can see that that in that standard, there is some, you know, obvious room or you can potentially debate whether or not something is a architectural treatment, unless you define that more closely.
02:02:15.95	David Wagschal	Um,
02:02:18.07	David Wagschal	So,
02:02:19.61	David Wagschal	Hopefully that provides
02:02:21.25	David Wagschal	more and not less clarity to your issue.
02:02:25.21	Unknown	It does. It's just this question of facades is actually, to my mind, very important in maintaining character.
02:02:29.97	Unknown	it's easier to define in some ways than historic. I think people know when something doesn't seem like it fits in. Of course, there's a gray area,
02:02:43.17	Unknown	But we can eliminate the extremes with that kind of standard. If you have, again, a stainless steel monolith, it's going to look different than a brick facade. And I'm wondering why we can't have a standard that at least gives us a way of excluding the more extreme violations of the facades clashing with what is there currently.
02:03:07.31	David Wagschal	I think that you can include objective standards that deal with that by including standards with respect to materials or
02:03:14.96	David Wagschal	For example, a standard that says, you know,
02:03:17.83	David Wagschal	No exterior stainless steel finishes would be a
02:03:22.30	David Wagschal	sufficiently objective standard that you could include that and enforce it. If there's specific
02:03:26.87	David Wagschal	kinds of
02:03:28.06	David Wagschal	facades you want to prohibit, I think that you can develop objective standards to deal with that.
02:03:32.75	Unknown	Okay. So you're reminding me, in fact, isn't it true that you said earlier that materials is not one of the odds that are currently in the draft?
02:03:39.04	Bob Brown	Materials is regulated in the architectural standards, which were not incorporated into the. Not incorporated.
02:03:44.96	Unknown	So color is not incorporated, materials is not incorporated.
02:03:47.93	Unknown	All right. So let me just ask one more set of questions and turn it over to my colleagues. And that is on this view easement. And it's kind of a similar view issues. It's kind of a similar question. You talked about other municipalities and how they struggle with views. Did you look at the body of law and descriptions of how view easements are implemented? After all, people buy and sell view easements in all kinds of places and those are prescribed. And then people continue to own the property and are able to develop it and they have to comply with the view easements in all kinds of places. And those are prescribed. And then people continue to own the property and are able to develop it and they have to comply with the view easement. So why couldn't we do embark, for example, on a kind of survey of Sausalito and ascribe view easements or using that formula, ascribe protections of use?
02:04:34.61	Bob Brown	Well, again, you are basing your view impact in each individual case from a specific location, let's say from an adjacent property's living room.
02:04:47.81	Bob Brown	how do you determine in advance what the view scape from that particular location is that you're preserving? You really can't. It requires an analysis of each situation around a subject property that's proposing a project. View easements are defined between two properties.
02:05:06.76	Bob Brown	And so they're predetermined.
02:05:09.68	Bob Brown	Here, you're not. You're having a project proposed right in the middle of a neighborhood, for example,
02:05:15.11	Bob Brown	And you've never assessed.
02:05:16.66	Bob Brown	and defined
02:05:17.62	Bob Brown	you know, what each property's view
02:05:20.00	Bob Brown	allowance is. So I'm not really sure how you would do that. Again, in a generalized sense.
02:05:27.92	Unknown	Sorry to belabor it, but let me just ask. Sure, if you want to do it completely comprehensively, 100%, but if you went to each property, let's just say many of our properties, they face east, south, and north, right? And you could, or you could just, it wouldn't be perfect, but if you took the, stood at the front door and looked east for east-facing properties, and you said this, that you currently have 75% open sky.
02:05:56.32	Unknown	based on a Google photograph. And the view and that just sort of watermarks where you are in the current state. And the odds are that you will not have your open sky view reduced more than 10%. That's an objective standard. It requires a survey. It's not perfect. It wouldn't get every view. Somebody might have their favorite view is actually looking at sunset the opposite direction. But it would be capturing a significant portion of the view concerns.
02:06:23.81	Bob Brown	And again, that's essentially the kind of ordinance that I drafted that, again, the city attorney did not feel comfortable with.
02:06:30.34	Bob Brown	And again, it gets into a lot of practical difficulties because again, to do that view analysis from,
02:06:36.63	Bob Brown	the neighbor's property,
02:06:37.97	Bob Brown	you know,
02:06:38.98	Bob Brown	You have to get on their property. So you have to have their permission first. They have to participate.
02:06:43.55	Bob Brown	And then
02:06:44.94	Bob Brown	The view analysis that comes out of that, which the applicant is preparing, theoretically, then the city has to verify with a third party, that takes time.
02:06:52.75	Bob Brown	And by the time this goes public,
02:06:54.98	Bob Brown	In many cases, the state has limited the review timeframe so much
02:06:59.72	Bob Brown	David Sloan, That the public is not going to have much or any opportunity to really you know get in there technically themselves and verify the accuracy of this this view analysis so. David Sloan, Again, I think that it's going to create a lot of hubbub in terms of people not believing the analyses and objecting to whatever standard you said if it's like you know 10% loss of view.
02:07:21.84	Bob Brown	Um,
02:07:22.28	Bob Brown	And the particular 10% is they no longer see the Golden Gate Bridge.
02:07:26.90	Bob Brown	Well, that's an important 10% to them, whereas a view of the water may not be.
02:07:30.82	Bob Brown	You know?
02:07:31.02	Unknown	Last question, though. I get all that.
02:07:33.08	Unknown	But that's letting the perfect be the enemy of something. And right now the proposal is nothing. So I get that you're exactly right. If the 10% is the Golden Gate Bridge, that's too bad. I mean, yeah. But is the alternative to that to have nothing? Is that really a better alternative?
02:07:47.32	Bob Brown	Again, we have a draft ordinance that is ready for review. But again, I think the city attorney has a lot of reservations about it. A lot of my colleagues.
02:07:55.96	Unknown	Yes.
02:07:57.46	Unknown	questions.
02:08:01.16	Unknown	Council member, bless you.
02:08:01.89	Lilyana Spiegal	Yeah, I have a couple of questions. Thank you very much, Bob and staff, for your hard work on this, and also to the Planning Commission subcommittee members who had 16 meetings with you, which is quite substantial. So I know hours and hours of work has gone into this, and we really appreciate that. A few questions I had.
02:08:19.94	Lilyana Spiegal	So you mentioned that this has already been approved by a number of communities in Marin, and you outlined some of those, but it wasn't exactly clear what are the specific Sausalito adaptations that you've made that are
02:08:31.33	Lilyana Spiegal	clearly differentiators from those other communities. Could you talk a little bit about those and why you made those choices?
02:08:37.64	Bob Brown	Sure, I mean, they're numerous, but again, the setbacks, the heights,
02:08:45.37	Bob Brown	are very specific to Sausalito. They're not consistent among all the other jurisdictions. The types of building types reflect the allowable densities. So Marin County, for example, allows a lot bigger building types than we're suggesting here in Sausalito. So those differ. Whether or not you include architectural standards differ.
02:09:08.95	Bob Brown	San Anselmo eliminated particular architectural styles they didn't think were consistent with them. So there are a lot of fine-tuning standards compared to what came out of the original toolkit. Again, trying to make it as homegrown and reflective of Sausalito as possible.
02:09:29.05	Lilyana Spiegal	Okay. But when you were thinking about things like, I think it was called cottage, cottage village. Is that consistent with other communities? Or was that unique to Sausalito that I that type of development?
02:09:39.56	Bob Brown	Well, there's pocket neighborhood and cottage court. So, no, those are building types that are being allowed in other communities as well.
02:09:48.30	Lilyana Spiegal	Okay. But there was significant consideration for our unique qualification for this.
02:09:54.56	Bob Brown	Yeah, I don't expect the cottage court kind of development with little units cluster around open spaces is likely to occur in Sausalito because of your slopes and you don't have a lot of larger sites. You don't have a lot of small sites.
02:10:07.13	Bob Brown	Most developers are probably not going to gravitate towards those, but it's available as potentially compatible. It's a nice development style because they're very small and low key buildings as opposed to a larger high horizon. So, again, there's a lot of options in there that are probably not going to be selected by a lot of developers, but they're there for alternatives. Yeah.
02:10:32.51	Lilyana Spiegal	And what are some of the benefits of having a consistent toolkit when we think about
02:10:38.18	Lilyana Spiegal	of fast tracking development.
02:10:40.04	Bob Brown	What was the advantage of what?
02:10:41.00	Lilyana Spiegal	What are some of the advantages of having the consistent toolkit? I mean, is it does it make why does it make sense for us to use the same standards for the rest of Moran, for example?
02:10:48.36	Bob Brown	Sure. Well, the toolkit was developed by OptiCoast, reflecting on the types of buildings that are here in Marin and the scale of those buildings. So it is very different from what you would have found being prepared for the East Bay or the peninsula. So it starts out there. And then again, each community further customizes it. Sausalito could have gone a different direction. In Tiburon, they created their own unique odds from scratch.
02:11:17.53	Bob Brown	But Sausalito chose to pool its its grant funds with other communities to develop this toolkit and and work off of it. So, again, you could go in a different direction, but those funds would have been then lost.
02:11:31.02	Lilyana Spiegal	And then I wanted to ask specifically about, there's quite a bit on parking and the odds and the types of parking that we're going to allow.
02:11:37.24	Lilyana Spiegal	And one of the things that was interesting in the parking section for me was the EV charging and the requirements that EV charging should be provided. In Section 10A03-040, you talk about this a little bit. Could you explain where that will be required and where it wouldn't be required and how we might implement it? Because I'm obviously an advocate for EV charging, but there are a lot of limitations to the installation of a Level 2 charger.
02:11:58.02	Bob Brown	have to look at that specific regulation. Really, EV charging is regulated by the Cal Green Building Code. So I don't think that this changes those standards in any way. It may indicate where you could locate an EV charger on the site. Tony Perez from Opticos is on the line. Tony, you may be able to say any regulations regarding EV charging in the odds itself?
02:12:22.35	Lilyana Spiegal	It's 03040 under 10A.
02:12:25.93	Bob Brown	Thank you.
02:12:25.94	Tony Perez	So yeah, I'm looking at it right now. I don't remember off the top of my head at the moment. So let me take a look at that.
02:12:30.89	Lilyana Spiegal	Okay. You can circle back when you've, when you have had a chance.
02:12:35.61	Lilyana Spiegal	And then I'm going to bring up a topic that maybe I won't have consensus from my other council members on, but I'm really wanting you to speak to your decision to have only 600 square feet, because as an advocate for providing workforce housing, allowing people that serve our community to live in our community.
02:12:39.60	Unknown	and have a great day.
02:12:54.78	Lilyana Spiegal	I hasten to think about 600 square feet as being the minimum requirement in terms of if someone has a family or what, you know, I understand that it's affordability based and it creates incentives for pencil, but I don't know if it really does create incentives for build.
02:13:08.93	Bob Brown	It's not a maximum at all. What it is, is it was just used as an average unit size to do these calculations and that analysis for building height.
02:13:17.58	Bob Brown	But there's no limitation. It's just, you know, we've created building forms and height allowances to do the number of units that your housing alma calls for.
02:13:28.33	Bob Brown	but to fit them into a building form that is not going to be necessarily seven or eight or nine stories.
02:13:34.81	Bob Brown	And so again, the assumption that was made was what are the size of the units then? Well, we're going to say an average of 600 square feet. If we went to a thousand square feet, then your four or five story height limits would be probably seven or eight stories.
02:13:50.99	Lilyana Spiegal	Okay, so it's an effort to create more opportunities for affordable housing.
02:13:54.54	Bob Brown	And to achieve the densities that the housing element calls for, for these 48 sites, yes.
02:14:00.11	Lilyana Spiegal	Okay.
02:14:01.66	Lilyana Spiegal	Did you have something on the EV charging, Tony? Sorry.
02:14:07.69	Tony Perez	Not yet. I was just going to add what Bob already added about the site analysis, but he covered it.
02:14:14.13	Lilyana Spiegal	Okay. All right. Well, let us know when you have to think. You can go to the Vice Mayor.
02:14:20.17	Joan Cox	It's ironic that your last question was out 600 square feet, because mine is as well. But for the opposite reason, which is,
02:14:28.36	Joan Cox	I lived in a 600 square foot apartment in law school and it was huge.
02:14:34.75	Joan Cox	I had a home office and a bedroom and I mean, it was huge. And so for me and 600 square feet in Sausalito is not affordable.
02:14:45.27	Joan Cox	And so my question was, is it possible to lower that threshold? Not for multifamily, obviously, but a lot of Sausalito's current residents and potential residents, including workforce, are not all families. And so...
02:15:04.37	Joan Cox	And certainly the lowest, you know, the anchor outs that we're trying to house are not families. They're single people. And so my question was whether we can lower that threshold or perhaps apply a gradated threshold.
02:15:20.25	Unknown	Oh, yeah.
02:15:20.55	Joan Cox	that accommodates single people as well as families.
02:15:26.46	Joan Cox	Thank you.
02:15:26.47	Bob Brown	Again, these are not a threshold. So they're not a regulation.
02:15:32.06	Bob Brown	If someone wants to come in with a project that has, you know,
02:15:35.86	Bob Brown	three 200 square foot units and six 1,000 square foot units, that's perfectly fine. Again, we've just trying to use that as a calculation to figure out what kind of height limits can accommodate 49 units per acre or 70 units per acre on all of these specific sites.
02:15:56.49	Tony Perez	Yeah, Bob, I have the I have a response on the charging and I want to make a comment on the unit size. On the charging that provision, the way I read it is simply just stating that it should be in compliance with the Green Building Code. There's nothing more to it than that.
02:16:00.43	Bob Brown	and,
02:16:14.45	Tony Perez	As Bob stated, I wanted to also add, council members, the calculations that the average unit size, the reason, as Bob has said, that only resulted from the test of, okay, on site X, for example, the EIR says that we are to achieve so many units, let's say 24. We literally tested the site, put the setbacks on, and extruded a building using certain assumptions about where parking would be located, especially on steep sites. And then whatever it took to achieve those 24 units on that site is how big the building was determined to be. And we were using stories in addition to that. So then on some sites it was two stories and on some it was five. But the average unit size is simply the result of that calculation. We did not enter the calculation without it was the outcome.
02:17:30.45	Unknown	Any other questions? All right, let's move to public comment.
02:17:33.68	Lilyana Spiegal	I have one more question. Sorry, just quickly. Community Development Director Phipps, could you just reiterate the three points that you most would like feedback from us on so that we can think about that as we hear public comment?
02:17:48.58	Lilyana Spiegal	Thanks, Bob.
02:17:49.96	Brandon Phipps	Certainly, council member, and thank you for the question and request. So, and this is partly based off of the innumerable public comments.
02:18:00.10	Brandon Phipps	that came in in connection with this item and staff certainly want to be sensitive to those, um,
02:18:05.54	Brandon Phipps	So those items are.
02:18:08.02	Brandon Phipps	public and private view preservation standards and whether or not
02:18:12.35	Brandon Phipps	we should or ought to look into creating objective standards to define those. The second is objective standards for historic resource preservation.
02:18:23.97	Joan Cox	Thank you.
02:18:26.41	Unknown	Thanks, Mayor.
02:18:26.99	Brandon Phipps	Thank you.
02:18:27.78	Joan Cox	Mayor, before we take public comment, I wanted to make one comment preliminarily, because we've received dozens of letters regarding public comment.
02:18:37.63	Joan Cox	Um,
02:18:38.98	Joan Cox	proposed and potential developments and
02:18:41.70	Joan Cox	the impact of our work on that. So I just wanted to go ahead. OK, thank you.
02:18:46.22	Joan Cox	I just wanted to speak to the people who have taken the time and energy to write into us on these and regarding how this study session will impact
02:18:56.99	Joan Cox	Pending and proposed projects so we obviously appreciate all of the feedback that we've received. We are listening. We know people have concerns. We're taking all of the information that we receive under careful advisement, as you can tell from listening to this evening's study session. We are very aware of various pending
02:19:16.23	Joan Cox	developments and potential developments.
02:19:19.91	Joan Cox	Tonight is a study session, so we are working to develop objective standards consistent with the state's policy.
02:19:27.38	Joan Cox	As we provide feedback on the odds, we are committed to ensuring that Sausalito does everything possible to define what will constitute objective development in the city and what will not, and determine appropriate rules for developers so that they and the community understand those standards, specifically as they deal with the odds. We are committed to carrying out the housing element in compliance with state law while protecting historic resources and view corridors as allowed by the state.
02:19:56.17	Joan Cox	Fortunately, one area on which the state gives the city a bit more authority is the protection of historic structures. So as part of our study session, we will explore how best to include preservation of historic resources in Sausalito within the authority and guidelines established by state law.
02:20:12.83	Joan Cox	At the same time, as demonstrated by the housing element and by our comments this evening, we are committed to affordable housing and residential development at all levels. We are committed to carrying out the policies of the housing element. So our goal is to determine Sausalito's best path forward that both advances appropriate development and protects valuable resources. And we ask for the community's patience as we work our way through this. So thank you for allowing me to make that statement.
02:20:41.08	Unknown	Thanks for that comment. Let's open the floor to public comment, please. First from the room and then online.
02:20:45.88	Sandra Bushmaker	Sophia Collier.
02:20:52.26	Sophia Collier	Well, first of all, thank you very much for creating a study session approach. And I really compliment and am in awe of the amount of work that has gone into creating these projects and this whole endeavor.
02:21:05.61	Sophia Collier	I think the key thing, and I really associate myself with what our mayor said, which is that finding we cannot maybe get perfection, but by some sort of defined parameter, we can get a long way.
02:21:18.44	Sophia Collier	And if we it's something is better than nothing.
02:21:21.54	Sophia Collier	And if we go with nothing, we have nothing.
02:21:24.31	Sophia Collier	So if we protect views in a, gee, some kind of geometric system, we fly a drone over the town and we come up with some formulas,
02:21:33.76	Sophia Collier	That's going to be a pretty good system.
02:21:35.80	Sophia Collier	A lot better than nothing.
02:21:37.32	Sophia Collier	Same thing on our historic. If you look at the Secretary of the Interior's standards, there's a lot of math words in there. Mass, size, scale, proportion. These are math words. Of course, the Secretary of Interior put it for every part of the nation where common sense will use it. We have a very specific case, Sausalito. We know it. We can use those standards and apply them to our case and come up with parameters that are mathematical,
02:22:06.51	Sophia Collier	clear as day on the
02:22:08.25	Sophia Collier	And that when these developers come in,
02:22:10.63	Sophia Collier	They can read them.
02:22:11.76	Sophia Collier	take action based on what they are.
02:22:13.70	Sophia Collier	It's completely objective. We're done.
02:22:17.14	Unknown	Thank you.
02:22:19.39	Unknown	Thank you.
02:22:19.42	Unknown	Linda Fox. Could you call who's next so they can get ready as well?
02:22:23.93	Unknown	Yeah, then it's Hank Baker and then Ed Beckman.
02:22:27.40	Unknown	Please.
02:22:28.67	Linda Fodge	Thanks, sir.
02:22:31.13	Unknown	Thank you.
02:22:31.15	Unknown	Yeah, I'll give you that.
02:22:36.47	Linda Fodge	Oh, they haven't received it?
02:22:49.12	Unknown	Thank you very much.
02:22:53.97	Linda Fodge	My name is Linda Fodge. My comment is on the staff report for this meeting. A prior version of the same staff report was published on February 14th, 2024,
02:23:05.27	Linda Fodge	And that report under historic preservation identified various properties that are listed historic properties listed in the National Register and as little landmark historic properties.
02:23:17.56	Linda Fodge	In this staff report of this meeting, March 19th, there doesn't seem to be any changes to the historic preservation section of the staff report. List those same properties, except with the new addition of adding my two properties to that list. The properties are, my properties are not registered historic properties or registered Sausalito landmark properties.
02:23:41.13	Linda Fodge	It's no secret that I've submitted applications on this property as a Sausalito Housing Opportunity Site for Development.
02:23:52.07	Linda Fodge	The Sausalito housing element flatly states that there are no designated historic resources on the opportunity sites.
02:23:59.91	Linda Fodge	But now that I've submitted a housing application, staff has endeavored to try to create a new designation for my property and add it to a list of listed Sausalito registered historic properties. There is a specific Sausalito code that was established to add properties to this list. In fact, it would publicly go up for nomination and review by this city council with owner notification. This has never been done.
02:24:26.54	Linda Fodge	my current submission freezes standards that are in place at the time of submittal and prohibits a local government to impose new standards staff's sudden and deliberate effort to reclassify my property has not gone unnoticed i requested this staff report be corrected to remove 605 to 613 bridgeway property from the listed historic buildings list of properties and And that city council looked to the overreaching of staff's actions, which are incorrect and cause harm to me and my property.
02:25:01.69	Unknown	Next speaker is Nick Baker. Then followed by Ed Freakland.
02:25:06.13	Hank Baker	Council, my name is Hank Baker. I'm a business owner and resident of downtown Sausalito and a member of Sausalito's Economic Development Advisory Commission. I'm also a retired real estate developer who has had direct responsibility for the creation of more than 10,000 residential units, 15% of which were affordable.
02:25:24.54	Hank Baker	I can only assume that the city council is attempting to balance their responsibility of complying with the new state housing laws
02:25:31.80	Hank Baker	with the unstated reality that many in town would like things to remain unchanged for many years to come.
02:25:38.51	Hank Baker	not an easy balancing act at all.
02:25:41.08	Hank Baker	The new state law required that the approval of a housing element
02:25:44.81	Hank Baker	but also requires that substantial progress be made in the implementation of that plan over time.
02:25:51.39	Hank Baker	Failure to make this substantial progress could result in the imposition of the dreaded
02:25:55.46	Hank Baker	Build a remedy.
02:25:56.77	Hank Baker	whereby the municipality has little discretionary approval and generally the developer can build whatever they want.
02:26:03.05	Hank Baker	The objective design and development standards we are reviewing tonight will for the most part
02:26:08.21	Hank Baker	put a negative influence on the feasibility of each development submitted.
02:26:12.48	Hank Baker	As an example, page nine of the staff report states, quote, to achieve the adopted unit count for many of the parcels, the site testing
02:26:20.94	Hank Baker	Assumed average unit sizes of 600 square feet, which would allow at the minimum studio or one bedroom units unquote
02:26:30.05	Hank Baker	I disagree.
02:26:32.46	Hank Baker	From some 40 years of experience, average unit sizes in almost any
02:26:37.31	Hank Baker	multifamily development are closer to 1000 square feet.
02:26:41.71	Hank Baker	In fact, of the 10,000 units I've developed,
02:26:43.95	Hank Baker	less than 5% or smaller than 600 square feet. And the adoption of the proposed 600 square foot model, the feasibility of any development is unnecessarily reduced. This example and other elements of the standards before you will have a negative effect on the feasibility of any housing development. Yet our housing element states that it is to encourage housing development. Thank you, Mr. Baker. Substantial progress. We're out of time.
02:27:10.97	Unknown	Thank you. Thank you. Please submit it as a written comment. Thank you. Next speaker.
02:27:15.59	Unknown	Next speaker.
02:27:16.02	Unknown	Thank you.
02:27:16.10	Unknown	Sure.
02:27:16.22	Unknown	Thank you.
02:27:16.42	Unknown	Ed Brakeman followed by Michael Rex.
02:27:21.10	Unknown	And then it's...
02:27:21.86	Unknown	Stephen Woodside.
02:27:26.36	Ed Braikman	Hello, I'm Ed Braikman, a resident of Sausalito. My comment is both to the group here, but also to all those who might be listening or afterwards will hear recording this, because I think this issue is so, so important, yet most residents of our city have no idea how substantial this issue is and are not yet engaged in trying to be thoughtful about what we can do to shape the Sausalito that we want. So I just continue to ask that we be as communicative with the community as possible. Joan, I really appreciated your comments about the fact it's going to take some time, but we also have to make sure that people understand what's going on. This really is seismically important for our city, and most people don't understand it. I've just become aware of it over the last four or five weeks, and it's something that we should all do, spread the word and get everybody to be aware of what's going on. Following on your comments, Council Member Cox, about the current housing
02:28:30.91	Ed Braikman	which is really a one size fits all, even though we've heard so much tonight about how these 48 sites are dramatically and uniquely different from each other. And I think we really ought to be
02:28:42.42	Ed Braikman	Focusing on having a more sophisticated overlay that addresses that reality we in our that's pursuing our housing element, but in our housing element we do talk about targeted units at each of these sites, and I think we should be coming up with a much more sophisticated overlay that takes into consideration the reality of the sites.
02:29:05.27	Ed Braikman	And also what we're trying to accomplish in terms of historical preservation and public and private view preservation, because things could change dramatically if we don't get that to be more sophisticated than what we started with. And that's fine. We always start at one place and hopefully we end up in the best place possible. I'll wrap with that. Thank you.
02:29:25.53	Unknown	Thank you, Mr. X.
02:29:27.42	Michael Rex	Thank you.
02:29:31.71	Michael Rex	I'm Michael Racks, local architect. I went to, there's a lot I like here, okay? I recognize the hard work. I attended numerous planning commission sessions. I walked out disappointed because they weren't receptive to a lot of input, although I talked to Bob Brown at great length
02:29:50.68	Michael Rex	about view protection, how essential it is.
02:29:53.68	Michael Rex	But frankly, the recommendations that I made then were pretty well ignored.
02:29:59.23	Michael Rex	While there's a lot about this I liked,
02:30:01.81	Michael Rex	There's some terrible things I'm concerned about. We've talked about historic preservation and view protection. Just because it's difficult doesn't mean we can't. And I'll take Sergio's 2%, okay? I am certain we can make it measurable and verifiable. We've been doing it for years, and just we have to work harder. The form-based, I'm a bit worried about. We're going to get cookie cutter shapes. I'm particularly worried about and I think it was a huge mistake that we threw out all aesthetic consideration because the Historic Preservation Commission was afraid we get Disneyland. Santa Barbara's been defining architectural appropriate details for decades and it doesn't look look like Disneyland just because they were fearful of that doesn't mean we throw the entire aesthetic analysis out because a lot of that's measurable. The privacy protection is absurd. 42 inch window height sills does not protect views. We've been trying to, we know how to protect privacy and that's not in here. In my few minutes, I'm going to make a recommendation. This is not, this needs some real peer review information.
02:31:09.65	Michael Rex	by design professionals. That hasn't happened. I'd like you to take the month of April
02:31:14.31	Michael Rex	to put together a select committee of professional designers that know how to answer these questions. We shouldn't just depend on one planning commissioner. Please do that. We can't solve this in two minutes, but we have the know-how in this town to solve these answers. Thank you.
02:31:33.67	Unknown	Mr. Woodside.
02:31:35.45	Unknown	I've seen it.
02:31:35.62	Michael Rex	Sorry.
02:31:35.77	Unknown	Thank you.
02:31:35.79	Michael Rex	Great.
02:31:36.08	Unknown	City Clerk.
02:31:36.67	Steven Woodside	Thank you.
02:31:36.92	Steven Woodside	Thank you. My name is Steven Woodside and I live here in Sausalito in the probably the southernmost place in town below the freeway. I just want to make that clear. I don't have a I have an unobstructed view and nothing that's going to happen is going to block my view. That's good.
02:31:54.86	Steven Woodside	But I am very concerned, and I think you all know this, about the historic district.
02:32:00.50	Steven Woodside	And
02:32:01.44	Steven Woodside	Nothing about the state law requires you to put an opportunity site into the district.
02:32:08.24	Steven Woodside	And all of this discussion, and it's very difficult to define standards in an historic district. I'm not talking about registered historic landmarks. I'm talking about a district that's been around for a long time. I think the vast majority of the community...
02:32:23.11	Steven Woodside	supports continuation of the standards that now exist in the district
02:32:27.70	Steven Woodside	and putting an opportunity site into it.
02:32:30.85	Steven Woodside	I think was a terrible mistake. Take it out. Take it out now. Cut your losses. Don't engage in this very protracted problem of trying to define...
02:32:40.96	Steven Woodside	a new standards that are going to make, you know, withstand legal challenge. So that's, that's really what I'm getting at. Secondly, in the context of all of this,
02:32:52.47	Steven Woodside	You know, there's a relationship between the state and
02:32:55.68	Steven Woodside	cities and you have power that's local and it's only when the state
02:33:02.50	Steven Woodside	preempts you totally that you lose that power. And your choices of opportunity sites is within your power. So please exercise that as well as you can to avoid all the nasty problems. Thank you.
02:33:18.69	Unknown	All right, we have Daniel Chador followed by Peter Van Meter and then Jeffrey Cohn.
02:33:23.22	Unknown	in.
02:33:25.28	Unknown	Mr. Chidorah?
02:33:28.18	Daniel Shudu	Hi, Daniel Shudu, Gables Inn Sausalito, Hotel Sausalito.
02:33:32.74	Daniel Shudu	um in understanding development the odds have little control over housing sites especially in the historic district with use of concessions and waivers there's no way you can control size uh let the uh which will lead to the possibility of the destruction of our historic district and one of our our major economic assets being the historic district and an asset to our community the i agree with steven that no no housing opportunity site should have ever been put in the historic district and an asset to our community. The I agree with Stephen that no housing opportunity site should have ever been put in the historic district. When we apply the the the the the the secretary of interior standards. Um.
02:34:10.21	Daniel Shudu	That is the way in which the Historic Preservation Committee governs and oversees our historic district. We've all lived by it. We've we've studied it.
02:34:18.35	Daniel Shudu	And we, we built to it tens of billions of dollars. And now all of a sudden you're throwing that entire process out, out in the wind.
02:34:25.59	Daniel Shudu	So what I believe is, as Stephen said,
02:34:30.21	Daniel Shudu	remove the two district, the two, whatever history, any property that is in the historic district
02:34:35.24	Daniel Shudu	as a housing opportunity site, remove them now and be done with it.
02:34:39.48	Daniel Shudu	It would what it will do is remove that put those sites back in their original densities, which will then control them to the original to a size that was would be assigned under the state laws. When you put the housing opportunity site you doubled tripled and made the sizes so unbearable.
02:34:54.73	Daniel Shudu	but put it back to the original zoning. And then with those concessions and standards will then be applied and it will be bigger.
02:35:01.33	Daniel Shudu	but it won't be as big as it could be.
02:35:03.29	Daniel Shudu	Thank you.
02:35:03.42	Unknown	Thank you.
02:35:06.02	Unknown	Peter Van Meuner.
02:35:15.33	Peter Van Meter	I'm in the position of a prior speaker who said that the general public has no idea what's going on here. I didn't know anything about this till I came to the meeting for another purpose tonight. And I sat here and listened to this. And I know that the state has been taking over.
02:35:32.29	Peter Van Meter	taking things away, making it more difficult, putting down mandates,
02:35:37.49	Peter Van Meter	And here they're talking about this level of detail and this odds that's just beyond imagination. So I'm just standing here just lamenting the fact of the dominating control from higher levels of government over our lives. And...
02:35:49.37	Unknown	Bye.
02:35:56.92	Peter Van Meter	It's just so disheartening, so upsetting.
02:36:01.07	Peter Van Meter	And so I'm sorry I don't have a...
02:36:03.75	Peter Van Meter	solution to how you're going to deal with this.
02:36:06.58	Peter Van Meter	It's
02:36:08.14	Peter Van Meter	one where you really your hands are tied
02:36:10.92	Peter Van Meter	You've got some little things around the fringes here that was mentioned you can do.
02:36:15.22	Peter Van Meter	And so take the maximum advantage of that that you can.
02:36:19.39	Peter Van Meter	but it's just a sad day for all of us. I think that's what's coming down to us from Sacramento and elsewhere. And I just,
02:36:26.93	Peter Van Meter	I'm very sad to have to be living with it. Thank you.
02:36:32.83	Unknown	And Geoffrey Cohen.
02:36:37.58	Jeffrey Conan	Hi there, my name is Jeffrey Conan. I'm learning about all of this.
02:36:43.19	Jeffrey Conan	And have a lot of questions around the staff report saying that the Historical Resource Commission and the Planning Commission's odd subcommittee are doing away with architectural design standards. When Opticos on their website literally states that you can have creative approaches here. So I encourage you to go back to those responsible for the architectural design.
02:37:12.21	Jeffrey Conan	Daniel Katz- milieu of Sausalito that is, to me, very objective, I think we saw that in the previous proposal there's a lot of people who really love and cherish their block.
02:37:26.20	Jeffrey Conan	And, you know, we don't want to lose that, even with new development that's being fast-tracked. And I do believe that it doesn't have to look pastiche. It can fit in. It can look like it's always been there. And we don't want to lose particular resources that are not yet designated historic.
02:37:49.32	Jeffrey Conan	We really want to be sensitive to demolishing potential sites that could be historic in the future, which is, you know, an ongoing evolutionary, it's not yet defined type of resource such as Newtown. I really think that we should propose that as a historical designated district. And if we do away with certain homes or buildings, commercial buildings, we could injure ourselves in that endeavor.
02:38:21.94	Jeffrey Conan	So I think we really have to weigh the balance between our architectural design heritage and development. Thank you.
02:38:32.84	Unknown	On Zoom, we have Vicki Nichols.
02:38:46.52	Unknown	Please unmute yourself.
02:38:53.00	Vicki Nichols	It's the Historic Preservation Commission.
02:38:56.13	Vicki Nichols	Um,
02:38:57.33	Vicki Nichols	I wanted to talk about a couple of things quickly. First of all, I want to put to rest this discussion about Builder's Remedy.
02:39:05.59	Vicki Nichols	because of the work of Joan Cox and Janelle Kelman, who worked up their fingers to the bone the last weekend,
02:39:12.24	Vicki Nichols	we were able to get our housing element in on time and approved.
02:39:16.23	Vicki Nichols	We do not have to be subject to the builder's remedy. So let's stop scaring people with that.
02:39:22.67	Vicki Nichols	I see a couple of issues here that I wanted to talk about. It looks like
02:39:27.23	Vicki Nichols	who has precedence with a historic overlay district versus an opportunity site or district? There's a question. I like the idea of odds for historical preservation being considered.
02:39:42.36	Vicki Nichols	But I would say with all due respect that the two people that were on the subcommittee for the planning commission,
02:39:48.27	Vicki Nichols	do not have historical preservation experience. And if this goes forward, I would really like at least one person from the HPC to be on this committee, to be able to talk about these things. If we go back and look at the
02:40:02.72	Vicki Nichols	lists that Bob showed us by
02:40:04.86	Vicki Nichols	area, there's not addresses on there. They're numbers. How do you easily pick that up?
02:40:10.61	Vicki Nichols	and know what these opportunity sites are.
02:40:13.75	Vicki Nichols	So I'd also like the idea of
02:40:17.08	Vicki Nichols	putting to use the work of the previous analysis that Joan mentioned,
02:40:21.02	Vicki Nichols	Every site was analyzed. I think this can be looked at again.
02:40:25.08	Vicki Nichols	If it's not applicable, it won't hurt. It's no additional work.
02:40:29.02	Vicki Nichols	The reason that the design standards, the architectural standards were
02:40:32.99	Vicki Nichols	decided to not be used is we would have been forced into
02:40:37.31	Vicki Nichols	designs that
02:40:39.05	Vicki Nichols	are not representative to the district. And we were talking about the district.
02:40:43.79	Vicki Nichols	That was our only purview.
02:40:46.35	Vicki Nichols	I think there's a way to get around this, but again,
02:40:49.59	Vicki Nichols	with the committee or more consideration to Brandon. And I'd like to, I'm really heartened by all the people that are standing up for the district tonight. I've never heard this. And if historical preservation is something
02:41:01.19	Unknown	Can you please call the next person?
02:41:03.15	Unknown	X person is Senator Bushmaker.
02:41:10.47	Unknown	You're not muted. I'm muted. Ms. Bushmaker. Stand by.
02:41:15.45	Unknown	Now we can hear you, go ahead.
02:41:16.58	Unknown	All right.
02:41:17.45	Unknown	Let me tell you, one day I'll sit down with you and tell you what it's like to unmute yourself on Zoom. It is no easy task.
02:41:24.09	Unknown	Anyway, I just want to say that I appreciate all the work that's been done on this.
02:41:29.07	Unknown	Turning things into objective standards is not an easy task.
02:41:33.07	Unknown	I did that in the field of education.
02:41:35.55	Unknown	for years and years and years on the classes that I taught.
02:41:39.24	Unknown	And it is difficult.
02:41:41.86	Unknown	appreciation is not a measurable standard.
02:41:44.78	Unknown	So I just want to put that out there. I also urge you to not
02:41:49.81	Unknown	Uhm,
02:41:51.32	Unknown	to not use the reasonable person standard, Ian.
02:41:55.42	Unknown	The reasonable person standard, let's put it this way, reasonable minds can differ.
02:42:00.91	Unknown	And if you put up your reasonable person standard, I'll bring in my reasonable person standards. And how many reasonable people standards do we need before we get to the ultimate? It's just fraught with problems. So I would encourage the council to not go in that particular direction for a measurement.
02:42:19.07	Unknown	Um,
02:42:20.11	Unknown	With regard to removal of opportunity sites, I would like to hear what the impact of that would be on the status of our housing element.
02:42:30.19	Unknown	I think that needs to be answered by the city attorney.
02:42:33.66	Unknown	I don't think we can get into that tonight.
02:42:35.84	Unknown	But I would be concerned about the
02:42:38.44	Unknown	While it's an appealing idea,
02:42:41.48	Unknown	for the historic district.
02:42:44.01	Unknown	I think that we are
02:42:46.76	Unknown	may be jeopardizing our housing element, thus exposing us to all these other
02:42:51.38	Unknown	Draconian things that Sacramento has laid on us. I too am sad to see the impact on our town of Sacramento's mandates. I think it's creating, I haven't seen anything good come out of them yet.
02:43:05.41	Unknown	The mandates, just a lot of angst, a lot of money being spent by municipalities to conform with the requirements of Sacramento's legislation. That's it. Thank you.
02:43:18.75	Unknown	Next speaker is Barbara Carlisle.
02:43:25.10	SPEAKER_01	Hello.
02:43:26.51	SPEAKER_01	Have you, am I unmuted?
02:43:28.81	Sandra Bushmaker	Yes, you are.
02:43:29.98	SPEAKER_01	Thank you. I'm a Sal Salido residence and I too, like your fellow speakers tonight, understand the challenges of developing these objective standards, but I really strongly feel that we can't.
02:43:43.37	SPEAKER_01	not
02:43:44.18	SPEAKER_01	do anything about this and just because it's difficult do nothing and
02:43:49.38	SPEAKER_01	not put in whatever we can
02:43:52.50	SPEAKER_01	Mathematically, like Sophia said about
02:43:54.93	SPEAKER_01	proportions or scale.
02:43:56.96	SPEAKER_01	It seems like
02:43:58.48	SPEAKER_01	the biggest concern I have is is with height
02:44:01.78	SPEAKER_01	restrictions in the historic district and
02:44:04.58	SPEAKER_01	what I could take away from listening
02:44:06.69	SPEAKER_01	this evening was that
02:44:08.60	SPEAKER_01	If
02:44:09.43	SPEAKER_01	a property is in the housing element
02:44:12.01	SPEAKER_01	in the historic district and it doesn't
02:44:15.22	SPEAKER_01	involve the demolition of historic building, then the sky's the limit.
02:44:19.64	SPEAKER_01	And as you all know,
02:44:21.55	SPEAKER_01	Sausalito is just an exceptional place. It's one of only 12 historic districts in California. People come from all over the world. And if we all of a sudden have
02:44:30.56	SPEAKER_01	you know,
02:44:31.64	SPEAKER_01	10, 15, 20,
02:44:33.42	SPEAKER_01	STORY BUILDINGS IN OUR HISTORIC DISTRICT, IT WILL CHANGE COMPLETELY THE FACE.
02:44:38.79	SPEAKER_01	I think,
02:44:39.70	SPEAKER_01	I hope you will look seriously at removing some of those opportunity sites from the historic
02:44:45.58	SPEAKER_01	or
02:44:46.69	SPEAKER_01	doing whatever you can to try to define
02:44:50.74	SPEAKER_01	using the odds.
02:44:52.39	SPEAKER_01	um,
02:44:54.26	SPEAKER_01	proportions, scale.
02:44:56.10	SPEAKER_01	to to keep Salsalito looking like it's Salsalito and keep all of those people from all around the world who come
02:45:03.17	SPEAKER_01	to see this city and they arrived by the ferry and we want to preserve
02:45:09.30	SPEAKER_01	This look.
02:45:10.11	SPEAKER_01	but we also want to increase housing
02:45:12.17	SPEAKER_01	And I know it's a difficult
02:45:14.41	SPEAKER_01	difficult challenge, but
02:45:16.14	SPEAKER_01	I do hope that you will rise to the challenge
02:45:18.46	SPEAKER_01	and put in these odds and do whatever we can to protect it. Thank you.
02:45:25.28	Unknown	Daniel Shuguru.
02:45:33.36	Unknown	Daniel, please unmute yourself.
02:45:38.50	SPEAKER_12	Oh, hello. Hello. Oh, can you turn this down?
02:45:40.00	Unknown	to the world.
02:45:41.80	SPEAKER_12	Sorry, we're having a little technical difficulty.
02:45:45.83	SPEAKER_12	Hello, my name is Dan Chagrou.
02:45:47.89	SPEAKER_12	I'm a Sausalito resident.
02:45:49.70	SPEAKER_12	I'd like to make a few comments on the subject of views.
02:45:53.40	SPEAKER_12	Views can be a significant factor when purchasing real estate. Typically, the greater the view, the more the property is likely to cost.
02:46:02.00	SPEAKER_12	Through a process referred to as bracketing, a real estate appraiser can determine the value associated with the views.
02:46:09.56	SPEAKER_12	Loss of views equates to loss of property value.
02:46:14.35	SPEAKER_12	Until very recently, citizens and property owners in Sausalito could take comfort in the city's longstanding policies of view protection.
02:46:22.88	SPEAKER_12	Now, in a stunning reversal of these policies, any citizen could have their view blocked by a neighbor constructing a project with two or more units.
02:46:34.15	SPEAKER_12	Since the loss of property value can be directly linked
02:46:38.25	SPEAKER_12	to the city's change in policy.
02:46:40.85	SPEAKER_12	I would like to suggest a program of tax relief for those citizens whose properties have suffered losses as a result of these changes.
02:46:51.01	SPEAKER_12	The costs of such a program would likely be more than offset
02:46:55.65	SPEAKER_12	by the increase in property tax revenues from the new developments. Thank you.
02:47:04.29	Unknown	And Barbara Brown.
02:47:12.15	Unknown	Hello, thank you. I'm Barbara and I'm an architect and resident
02:47:17.18	Unknown	in town.
02:47:18.12	Unknown	I believe that it's urgent to establish objective standards
02:47:23.61	Unknown	to evaluate view and historic district preservation.
02:47:27.90	Unknown	I recognize the challenge
02:47:30.31	Unknown	that the staff has faced when trying to create these standards surrounding views.
02:47:36.20	Unknown	But as other people have said, just because it isn't easy doesn't mean it's not worth doing.
02:47:41.83	Unknown	There are well-established objective methods that are used to evaluate views.
02:47:48.38	Unknown	as we all are aware,
02:47:50.41	Unknown	real estate appraisers determine the value of properties and the financial impact of views. There are also programs in other towns of how to record properties' existing views through photographs, and that could be either from Google or it could be something that the adjacent property owners could provide. And there are other towns in California that have programs like this,
02:48:19.11	Unknown	So and then relating to historic preservation, the report
02:48:24.12	Unknown	implies that the Secretary of Interior standards are too subjective to follow, therefore will no longer be upheld. I'm hoping I misinterpreted that section of the staff report.
02:48:35.58	Unknown	Um,
02:48:36.64	Unknown	Are we really willing to literally throw away our historic district protection to gain a few more housing units?
02:48:44.10	Unknown	that's a very high cost to pay.
02:48:48.05	Unknown	On the other hand, in the odds report, there are some excellent guidelines referencing massing compositions and facade articulations. I'm not sure if this part of the odds was adopted, but I think some of it would be very helpful for Sausalito to
02:49:05.45	Unknown	facilitate and
02:49:07.54	Unknown	You know, one thing is
02:49:10.73	Unknown	I don't think that these kind of design standards would necessarily
02:49:17.09	Sandra Bushmaker	All right, that's our last speaker.
02:49:18.61	Unknown	All right, we'll close public comment, and now bring it back up for a discussion here.
02:49:22.98	Unknown	on the dice, who would like to start us off?
02:49:26.93	Unknown	Anyone? Any comments?
02:49:28.97	Janelle Kelman	I'm happy to. I really want to thank everybody who came here and is listening. Um,
02:49:36.40	Janelle Kelman	you
02:49:36.53	Janelle Kelman	You're right. It is so hard, no matter what the topic is, it is so hard for everybody in the community to feel like they know everything that is happening all the time. I strongly recommend if you're not already signed up for Currents, Abbott and staff do a great job of keeping people apprised. We are endeavoring to increase our communication around the entire housing process to make sure that everybody feels informed. But please go home and tell 20 people, tell everybody in your network. So you guys are here. Share it, share it. on the entire housing process to make sure that everybody feels informed. But please go home and tell 20 people. Tell everybody in your network. So you guys are here, share it. We try to as well. So thank you all for being here. I know the hour is getting late. I heard some.
02:50:13.14	Janelle Kelman	sort of consistent themes. I don't think there are going to be any surprise. So I'm curious to hear my colleagues. But historic resources, trying to find a manner in which we could preserve our historic resources, whether that's looking at what the California Register has already determined is worthy of protecting and using that as an anchor to design our objective standards seems like a worthy initial inquiry. Um, and figuring out, uh, can we have standards? Would we be comfortable as a community with standards that, um, dictate everything from, uh, facade materials to other ways that we enhance authenticity. And so I agree with Vicki Nichols comment that I think if we put a working group together, which may be, um,
02:50:55.83	Janelle Kelman	really illustrative for us that we need someone from the HPC to be a part of that. The second is the view corridor, which we've been asked about, sort of similar comment. You know, we have had view protection as an element of Sausalito zoning for as long as I have lived here since 2001. I'm very honored. So, you know, it's always been a part of what we've considered in our planning. And so I think it absolutely has to be direction to Opticoast and staff to reconsider that and figure out how we might provide something that is objective. And maybe it is within a certain overlay or within a certain district. Maybe it's not every part of town where we're able to find an objective standard. Maybe it is something related to historic resources. there was a question that came up that I don't, I'm not going to ask the attorney to opine on today, but we should have an answer to, which is, can you just remove something from the opportunity site list? And what does that do? There seems to be an assumption that that's just a very easy process and it won't trigger any other unintended consequences. I will endeavor to make sure we have a report out to let you know what the answer to that is, but I do not think it is an easy process. That was an interesting comment about a more sophisticated overlay on what that might mean. And then I also really appreciated the offer I thought I heard from some design professionals to participate in a peer review, some architectural design standards. And I know, Michael, you've done a lot of work on this already. So those are the things that five main areas. No surprise, historic resources, view corridors, some clarity around the opportunity sites, bringing the design professionals, look at the aesthetic considerations, and make sure we have someone from HPC looking at the designation. A question was raised here tonight. Again, I'm not gonna ask the city attorney to opine in real time, but let's resolve this question of whether or not certain properties are within or not within historic area.
02:52:55.79	Unknown	Where's to go next?
02:52:57.36	Lilyana Spiegal	I can. Let me just go right along the dice. I also want to thank everyone who put their time and effort into the preparation of these odds thus far and community members who came tonight and to...
02:52:58.27	Unknown	Go right along.
02:53:09.43	Lilyana Spiegal	wrote to us and who are engaging and learning more about the process we are all always learning even us sitting on the dais so we appreciate you being here and wanting to continue the conversation i very much agree with councilmember kelman's comments about the concerns around
02:53:23.47	Lilyana Spiegal	views and preservation standards. In response to the community development director's requests around historic resource preservation and how we would look at that and whether we might be looking to better define those, I think that should be considered in the next version of these odds. Absolutely. I would love to see a peer review group of design professionals chaired by Michael Rex. Potentially, I think you volunteered in the month of April to review the odds. So I agree with everything that Council Member Kelman said. A couple of things that I would add. I was surprised, I guess not surprised, but I guess a little dismayed to not see any sort of implication or questions about climate-friendly building or how we might make decisions from an environmental impact perspective. So I would ask that when you go back to the drawing board on some of this, you take into consideration how might we encourage more climate friendly or more resilient climate factors in our building processes as well. But otherwise, I think my comments are mostly consistent. Oh, and I'll just add a consideration of how we can create as much as possible workforce or affordable housing and whether that means a tiered level of that 600 square feet to have single family, multifamily and what that looks like because I really wanna optimize as many opportunities as we can.
02:54:36.20	Sandra Bushmaker	Spice Bear.
02:54:38.82	Joan Cox	Thank you. I echo the comments of my fellow council members, and I also thank the community for their feedback, aside from those of you who attended in person and virtually. We also received numerous emails
02:54:54.56	Joan Cox	expressing concern and providing ideas.
02:54:57.65	Joan Cox	I endorse
02:55:00.89	Joan Cox	the creation of a working group. I would like to work on the working group.
02:55:05.70	Joan Cox	I would like Vicki Nichols to be it. I'd love Michael Rex to be on it. He was instrumental on a Blue Ribbon Housing Committee that I formed back in 2018. And he's just a terrific resource and we should take advantage of that.
02:55:21.39	Joan Cox	I agree about integrating historic preservation standards into the odds, public and private view corridors into the odds.
02:55:29.63	Joan Cox	It is difficult, but there are ways to objectively manifest those standards. And we heard some examples tonight.
02:55:41.91	Joan Cox	I agree with the mayor about providing direction on color and material.
02:55:47.95	Joan Cox	you know,
02:55:49.50	Joan Cox	As a planning commissioner, we denied
02:55:51.77	Joan Cox	a project that entailed
02:55:54.08	Joan Cox	a container being plopped on a hillside. So...
02:55:57.88	Joan Cox	that would...
02:56:01.17	Joan Cox	Um,
02:56:02.04	Joan Cox	limiting the types of materials would address that. Not to say that a container wouldn't be appropriate somewhere on the north side of town.
02:56:10.95	Joan Cox	So I do believe that a challenge with the overlay zone is that not one size fits all. And we do need to better refine the overlay zone for our opportunity sites.
02:56:24.20	Peter Schmidt	Ahem.
02:56:25.23	Joan Cox	I'm happy to share the work that Sensible Housing Sausalito performed over a couple of years to remind people
02:56:36.20	Joan Cox	staff and our consultants of what that group had in mind about where and how to accommodate 724 units. And believe me, not all of the units were tiny. But I do think it's important that we include tiny units that are affordable because a large portion of our housing element requires affordable units.
02:57:05.22	Joan Cox	I would like, before you convene the Planning Commission and officially receive David Marlott's comments, I'd like staff to go ahead and start to review and address those comments. Please don't wait until you receive them formally from him at a Planning Commission hearing.
02:57:24.33	Joan Cox	And those were my, oh,
02:57:25.83	Janelle Kelman	Thank you.
02:57:25.86	Joan Cox	you
02:57:26.69	Joan Cox	Thank you.
02:57:26.72	Janelle Kelman	Vice Mayor, can I ask you a recollection question? Yeah. I seem to recall there's something in the odds about height.
02:57:28.83	Unknown	Yeah.
02:57:33.45	Janelle Kelman	that a high table that was inserted.
02:57:36.53	Janelle Kelman	Do we want to direct staff to that?
02:57:38.97	Joan Cox	Do you get into that?
02:57:39.63	Joan Cox	Yes. So we would like to, I think that, I think having an over, revising the overlay zone for opportunity sites will address the height because it's within the opportunity sites that they increased heights in order to accommodate density. But I would like to see the higher heights be focused on the north side of town, which is where the higher density projects were identified in the sensible location.
02:58:05.89	Joan Cox	housing Sausalito plan,
02:58:08.59	Joan Cox	which will facilitate the protection of historic resources downtown.
02:58:14.31	Joan Cox	I'd like us to consider reducing the ground floor minimum ceiling height to eight feet for both residential and non-residential uses from the current nine foot height. I'd like to...
02:58:32.70	Joan Cox	reduce the number of stories for different housing opportunity sites depending on their locale. Again, modifying the overlay.
02:58:45.59	Joan Cox	I'd like to revisit the concept of average unit sizes, and I'd like to promote small-slash-modestly-sized units. Also consider decreasing the depth for a ground floor space to 14 feet or less. I'd like to see flat roofs on four-story buildings.
02:59:13.22	Joan Cox	and reduce or remove the common open space minimum widths and depths for neighborhood courtyard and pocket neighborhood types on multifamily sites. OK, those are some of my preliminary comments. Thank you.
02:59:35.97	Unknown	Great. What I would add incrementally is just to emphasize this idea that something is better than nothing and that many qualitative things can be quantified in an objective way that captures a large percentage of the cases. So things like views, a standard may not be perfect, but with technology and a little bit of effort, we can create a view objective standard that would capture 80% of what we're after. And we ought to make that effort. And so I would like to see that done.
02:59:36.49	Joan Cox	I,
03:00:13.43	Unknown	Since I said it, I obviously agree with myself that I think that color and facade of color and materials, again, also can be quantified and I would like to see that included so I understand that that there was some thing to work out between the city staff's initial recommendations and and further conversations I would definitely err on the side of including objective standards on views and materials and color where we can.
03:00:43.92	Unknown	I thought Mr. Rex's comment on having a peer review panel of some kind makes a lot of sense. I would look for Director Phipps to gather input from city council members and board and commission members as well to make some recommendations on what that looks like. I don't know what the answer is about what exactly a peer is and whether that's an important distinction between design professional and other people that have unique and valuable things to provide on this question so i want to make sure that that that's done correctly and in the most helpful way possible but i would look for staff to make some give us some guidance on what should be done there to take advantage of the resources we have here in town to do that
03:01:25.05	Unknown	well.
03:01:26.26	Unknown	and maybe only in passing, it's only peripherally related to the odds,
03:01:32.00	Unknown	There are other approaches to doing urban planning, and that is to actually do an urban plan. We have in the past considered on this dais urban plans for different parts of town that would involve a little more comprehension of the way different designs and development integrate with one another. We've, to my disappointment, passed on that in the past. And I would put a plug in for considering that as a parallel path. Obviously not in the short term, we have other fish to fry, but it's a way of trying to avoid this or lessen this problem in the future.
03:02:05.75	Unknown	I think that's it for our comments. So let's close this topic now and move on to our next business item. Thanks to everyone who is here this evening on this important issue. The next and final business item is discussion and approval of.
03:02:15.96	Janelle Kelman	Quick break or no?
03:02:17.11	Unknown	Do we need a break? All right. We'll take a five-minute break, so we'll reassemble at 10.05 on the knot.
03:02:24.50	Unknown	Thanks, council member.
03:02:30.20	Unknown	Resuming Director McGowan, please.
03:02:34.28	Unknown	Thank you.
03:02:34.30	Kevin McGowan	Good evening, Mayor, Member of City Council. Thank you for taking this item this evening.
03:02:41.63	Unknown	Could you kindly pull the door shut behind you just to make the
03:02:43.21	Kevin McGowan	Yes, sir.
03:02:53.81	Unknown	Thank you.
03:02:54.13	Kevin McGowan	Thank you.
03:02:54.20	Unknown	Thank you.
03:02:55.30	Kevin McGowan	Kevin McGowan, All right, thank you so much i'm Kevin mcgown public works director for Sausalito this is a short presentation whoo short. Kevin McGowan, Regarding a staff work related to the development of a facility assessment study the slide in front of you notes that. Kevin McGowan, That we would like to have receive a file receive and file report, but actually the staff report says we welcome your discussions and your input on this specific item so next slide please.
03:03:23.92	Kevin McGowan	The city of Sausalito has many infrastructure assets.
03:03:31.32	Kevin McGowan	To understand them a little bit better, I've broken them into categories. Transportation, properties, public spaces, and utilities. These categories are also similar to our capital improvement program categories, which we'll be probably talking about hopefully in our next council meeting.
03:03:48.81	Kevin McGowan	Each category is further broken down into assets such as roads, sidewalks, parks, public buildings, leased building spaces, and many, many others.
03:03:59.15	Unknown	Next slide.
03:04:01.78	Kevin McGowan	Staff provided several presentations to the council over the last year regarding the pavement conditions here in Sausalito.
03:04:08.77	Kevin McGowan	of our roadways and noted that continue allocation of resources is needed to maintain or improve the roadway quality in town. However, there are many other assets in this category which we have not been which have not been assessed recently. I can go on and on about all these specifics on this slide, but we have a limited amount of time this evening, so let's keep going. So next slide.
03:04:34.47	Kevin McGowan	The city owns more than 110 properties.
03:04:37.93	Kevin McGowan	Some of these properties are occupied by city-owned public buildings, such as City Hall, while others are leased to tenants, such as the Spinnaker Restaurant or the Sausalil Yacht Club.
03:04:50.01	Kevin McGowan	There are also city properties within our, there are also city properties with other facilities, such as our parking lots, harbors, piers, and some of them even located in submerged parcels.
03:05:03.49	Kevin McGowan	The development of a facility assessment study for each of these structures noted in the staff report would assist the city to identify deficiencies with the intent of establishing an estimate for the repair for their repair, which helps assist the city in planning for future fiscal requirements for for their replacement.
03:05:24.82	Kevin McGowan	Specialty firms are typically utilized to investigate for the investigation of specific buildings. These firms utilize standards of practice, such as the American Society for Testing and Materials, called ASTM, and they use a general ASTM guideline. So we would want to reference that in our RFP.
03:05:48.30	Kevin McGowan	A facility assessment study will define when a new roof is needed for a building, or whether the replacement of carpeting is needed for our public spaces. The facility assessment study
03:06:01.97	Kevin McGowan	And the facility assessment study provides the city with a rough costum for the work as well. Currently staff is working with Climatech regarding a study of
03:06:14.79	Kevin McGowan	energy conservation measures for city facilities climatech will be evaluating key items such as heating and ventilation systems which would also be covered in a facility assessment study
03:06:28.81	Kevin McGowan	Staff recommends not issuing the RFP or the request for proposals until Climatex investigation, or at least a draft report, is forwarded to staff so that we don't duplicate efforts in reviewing our infrastructure. Next slide, please.
03:06:45.39	Kevin McGowan	Thank you.
03:06:45.47	Unknown	Thank you.
03:06:45.76	Kevin McGowan	you
03:06:46.87	Kevin McGowan	City also has other public assets noted as public spaces. These include over 15 parks, parking lots, and open spaces. All of these require maintenance and improvements. Evaluations of these facilities are not normally included in a facility assessment study.
03:07:04.71	Kevin McGowan	With the exception of structures such as restrooms within our parks or other other actual structures on these areas. Next slide please.
03:07:16.23	Kevin McGowan	The city also maintains a sewer collection system and pumps to deliver flow to the Sausalito-Marin City Sanitary District system for processing. The city also performed a video assessment of this system and presented these findings to the council in 2022.
03:07:36.20	Kevin McGowan	Staff continues to move forward with a consolidation effort to transfer the responsibility of the collection system to the Salsa Luminum City Sanitary District and anticipates bringing a memo of understanding to the Council in the next six months, which will define a path forward for the consolidation. Next slide, please.
03:07:57.58	Kevin McGowan	At this time, staff anticipates working with Climatec to review the city facilities for the energy efficiency study. For elements not covered in the Climatec work, the facility assessment study should be crafted to incorporate these elements.
03:08:12.04	Kevin McGowan	After reviewing a draft report from Climatex, City staff anticipates refining the draft facility assessment request for proposal to secure consultants to examine City facilities that are not covered in Climatex review. Several of the tasks related to structural review of some of City facilities.
03:08:35.63	Kevin McGowan	There may be an opportunity to separate out these tasks into a separate request for proposals, since the emphasis of this work does not relate to energy conservation measures and the work being performed by Climatech.
03:08:50.87	Kevin McGowan	This separate study would evaluate the substructures of some of our facilities that may be impacted by a corrosive environment, such as the bay, climate change, or a shoreline recession. So one of the ideas that after taking a look at this for a while is to take some of those elements out and have a separate RFP, send that out sooner before climate tech gets finished, and that way we're moving forward with that type of work. Next slide, please.
03:09:21.56	Kevin McGowan	All right. Moving forward with a facility assessment study is important to avoid failures of our systems that support both public and private facilities. The study will also help the city strategically plan for costly improvements. The staff report also denotes examination of city-owned facilities that are leased. The intent of including these facilities is to examine key elements such as piles or peer foundations that may have been impacted by climate change. Adding additional facilities such as piers, parking lots, docks, and other not normally covered in a standard facility assessment study would help to move this project along much quicker.
03:10:15.40	Kevin McGowan	It is also staff's understanding that the city may have an opportunity to pursue grant funding in some or all of this work.
03:10:24.25	Kevin McGowan	with the help of Councilmember Kelman,
03:10:26.18	Kevin McGowan	And Katie Garcia and others here on staff, we have worked to identify funding sources that may support this study effort. So that concludes my portion of the presentation, and I welcome your input as well as Steph's input on this particular issue. Thank you.
03:10:47.03	Unknown	Director McGowan. Questions from the dais, please. Vice Mayor.
03:10:48.84	City Manager	Mayor, if I can.
03:10:50.53	Unknown	Yes, city manager.
03:10:51.42	City Manager	If I can add some color to the report, I'd like to do that at this time. Thank Kevin for doing the work. In the staff report, there are three things, a staff report and two attachments. In one of the attachments, there is a draft RFP that we would like to release. I'd like to point your attention to page five of the draft RFP, because I think that tells a lot of information in one page that I think will help us get to the point where as this agendized, this is agendized tonight for direction to release an RFP and take your input tonight and do that. But what we're trying to do is in the draft RFP, we're trying to make sure we merge our work in this RFP with Climatec, that we look at city-owned buildings that are open to the public, that we look at city-owned buildings that are leased, that we look at other facilities that are city property, that we develop a facility assessment report and scope of services, that we provide the draft report that staff will look at with internally and then bring to the council. And then that there will be a final and fully vetted facility assessment report. And so those are the basic scope of services that I think are important to note for the public. And then the anticipated timeline for this would be in April, mid-April, we would release and advertise an RFP. We would have a deadline of May 23rd to have the RFP back. We would look at the RFPs and have a pre-proposal meeting with the applicants. The proposal would then come to Public Works and be vetted, and then there would be consultant interviews after May 30th. At that point, when things are ripe, then we would bring that to the city council for a recommendation on who the consultant should be to perform these services. So tonight, I think we've understood that there is a lot that needs to be done in Sausalito. We understand that we have a lot of public assets that Kevin outlined at the beginning of his report. And we were trying to get direction on the focus of what we are going to actually assess that will coordinate with climate tech in a timely manner.
03:13:11.70	City Manager	Thank you.
03:13:12.85	Unknown	Thank you. Vice Mayor.
03:13:15.03	Joan Cox	Thank you, City Manager, because one of my first questions was, when will the Climatex study be complete, and should we wait that long?
03:13:25.07	Joan Cox	to move forward with this project. So I'm happy to hear that you're asking to release the RFP, ASAP, and that it, by its terms, will merge...
03:13:39.75	Joan Cox	their work with that of Climatec.
03:13:42.45	Joan Cox	I was curious about the May 31st response. A lot of RFPs have a 30-day turnaround. Can you advise why you're proposing a 60-day turnaround for this RFP?
03:14:00.68	City Manager	It's more like a 45-day turnaround. So if we need to speed that up, I think that's within the realm of possible. So, you know, that's a draft timeline, so we can adjust that so that this can, in fact, happen. I think it's important to get this done by year end and, you know, make sure that we don't duplicate, as Kevin mentioned, some of the work that's already going on. And that one of the things that I know is important is, as we get this information, it has to be integrated into our financial modeling. There's a concurrent exercise going on with the City Ad Hoc Finance Committee, which consists of Mayor Sobieski, Council Member Hoffman, former Mayor Ray Withey, and Chad Hess to look at tenure modeling. modeling. And certainly infrastructure would be a big part of those costs. So that's a factor as well. So in a perfect world, we get it out as soon as we can. We merge it with Climate Tech. We make sure we considered the 10-year financial modeling and how that could impact that. And we get it done by the end of the year so we can start planning on how to fund and resource whatever it is that we know needs to be done in our expansive portfolio of properties.
03:14:11.10	Unknown	Okay.
03:15:18.50	Joan Cox	Fair enough, thanks.
03:15:19.74	Joan Cox	Thank you.
03:15:19.75	Vicki Nichols	That's it.
03:15:20.36	Unknown	Councilmember Calvin.
03:15:20.97	Vicki Nichols	Thank you.
03:15:21.03	Unknown	Thank you.
03:15:21.05	Vicki Nichols	Thank you.
03:15:22.13	Janelle Kelman	Thank you very much, Kevin. And I had the benefit of an excellent conversation with Kevin and Chris prior. And in your voiceover for the presentation, you are specifically on the topic we had talked about, which was since many of our properties are waterfront, I wanted the assessment to also evaluate the impact of any type of saltwater intrusion or impact of maybe pylons or things that were waterfront. But I don't see that language in the staff report. I don't see it in the RFP. And there's two places in the RFP where I would have expected to have seen it. So I'm just wondering, did I miss it?
03:15:56.76	Kevin McGowan	Maybe not. I probably need to refine the RFP to make sure that I cover all those details. So keep in mind that we had taken a look after our conversation and simply added a table to the RFP. So let me take those into account and modify the language so that those are covered.
03:16:13.84	Janelle Kelman	Okay, thank you, Director McGowan. And if it helps also, I guess the last slide in your PowerPoint slide 10 that also has the chart probably could be updated just for posterity as well. Yes. Thank you.
03:16:23.89	Kevin McGowan	Yes.
03:16:28.47	Lilyana Spiegal	I just had one question. Do you know if Climatec does these types of facilities assessments beyond just energy use, and if we might continue our engagement with them?
03:16:36.67	Kevin McGowan	I do not know if they do or do not. So we could research that with them and see if they have sub consultants that actually do this type of specific work as well.
03:16:45.46	Lilyana Spiegal	Okay, thanks.
03:16:46.83	Lilyana Spiegal	Can I come on? Yes, please.
03:16:48.04	Kevin McGowan	Thank you.
03:16:48.26	Joan Cox	Thank you.
03:16:48.35	Kevin McGowan	Claire?
03:16:48.48	Joan Cox	Thank you.
03:16:48.51	Kevin McGowan	Thank you.
03:16:49.63	Joan Cox	So although AB 334 relaxed conflict of interest laws so that there is some flexibility in hiring an existing consultant to perform an additional scope of work.
03:17:06.15	Joan Cox	Are you aware of the Government Code 1090 rules that regulate how we are able to expand an existing scope of work to include a scope not previously included and also the eligibility of existing contractors to bid on new work?
03:17:28.07	Joan Cox	Thank you.
03:17:28.83	Kevin McGowan	So no, but thank you so much for enlightening me on it. I love these discussions. So I've written down a couple things, and we can research that with our city attorney.
03:17:36.31	Joan Cox	Thank you.
03:17:37.99	Joan Cox	The city attorney is well-versed. So as you consider the ongoing use of Climatec, we just have to be aware of those issues. Thank you so much.
03:17:49.43	Unknown	Any other questions?
03:17:52.30	Unknown	My question is similar to Council Member Kellman. We discussed the ASTM 2018, which is referenced in the staff report, but not referenced in the RFP at all. Would you include that in the RFP?
03:18:03.54	Kevin McGowan	Yes, we will.
03:18:04.91	Unknown	Thank you.
03:18:05.03	Kevin McGowan	I wrote that one down too.
03:18:06.26	Unknown	Uh-huh.
03:18:06.41	Kevin McGowan	Thank you.
03:18:06.44	Unknown	Thank you.
03:18:06.83	Unknown	And then similarly in the staff reports at the end, the city manager mentioned the effort to build a 10 year model, which is, you know, part of the creeping excellence of that he's leading and you're part of. And I'm wondering if we could incorporate a 10 year outlook in these facilities instead of the typical five.
03:18:27.15	Kevin McGowan	I think we can address that. I'm not too sure if the, at least the companies that I have encountered in the past to examine buildings, they haven't usually put together a program for more than five years. But let me address it with them. Let's put it in the RFP and see what we come up with.
03:18:42.59	Unknown	You have a bunch of ways of measuring and grading the respondents to the RFP, so perhaps that could be one of them.
03:18:48.34	Kevin McGowan	That sounds great.
03:18:49.64	Unknown	Thank you. And then...
03:18:53.07	Unknown	Let's see, I have another question. Oh, for a long time, I've been asking for just a list of all our city properties. And our previous property manager that we hired for a while did actually provide one, but it was all APN numbers, no addresses, no map, and it was...
03:19:08.38	Unknown	large acreage and tiny fractional lots all listed in one table that
03:19:12.97	Unknown	was comprehensive but also very difficult to use and I never got a grip on it.
03:19:18.43	Unknown	As part of this, could we get a map and a listing just of everything we own? Open space, old fire stations, corner lots, anything that's measured in square feet. So you can exclude anything that is ethereal or doesn't occupy square footage. But any square feet that we own.
03:19:37.25	Unknown	Can we get a list of that?
03:19:38.89	Unknown	And in addition to it, a map that shows where it is. And in plain English, a short description of what it is, if it's a sub lot or an acre.
03:19:45.84	Kevin McGowan	So those-
03:19:48.42	Kevin McGowan	I have some of that already. One of the things you requested is a map. I have a booklet on my desk that has all of those listed. I can easily get you a copy of that. But the other details you had requested of square footage, let me look at what I have and maybe work with our planning director and we can get that off of GIS.
03:20:08.06	Unknown	It would be great to have only in respect of we're not doing everything. We're choosing what to do here with this study. It's not every city property. It's a subset of it. So it does, of course, it would be nice to know what we're not doing. And just so we have a list of everything we have. And I think everyone would like to know what we have.
03:20:23.30	Unknown	Yeah.
03:20:24.41	Unknown	And I think,
03:20:26.42	Unknown	just as a matter of public transparency. So if that could be part of this project, since we're looking at what we own, just getting that list would be a nice...
03:20:35.16	Kevin McGowan	I can definitely send you a copy of what I have in the next day or so.
03:20:39.55	Unknown	OK, and if it's not complete or
03:20:41.71	Unknown	Like I see some nodding heads like can we get some well we guess we could take it under direction, but it'd be nice. Do you need direction to do more than that like if there's to do something that's kind of user friendly so that members of the public could say okay I can read this book and I now I understand everything we own does that require kind of counsel direction, or do you think that something.
03:21:00.16	Kevin McGowan	Or do you think that's something? I'll leave that to our city manager, but I think I have enough direction from you to kind of know what you're looking for.
03:21:07.02	Kevin McGowan	Thank you.
03:21:07.06	Unknown	All right, thanks. Let's take public comment on this matter.
03:21:09.98	Unknown	Thank you.
03:21:10.62	Unknown	Senator Bushmaker.
03:21:21.03	Unknown	I can't get my video.
03:21:23.36	Unknown	work.
03:21:24.29	Unknown	Okay, now I can start.
03:21:25.89	Unknown	All right.
03:21:26.92	Unknown	I'm very happy to see this on the council agenda to be dealt with. My comment is we've been talking for years about deferred maintenance in Sausalito.
03:21:37.06	Unknown	We know getting us up to snuff again is going to be very, very expensive.
03:21:42.02	Unknown	I would like to request that the council be mindful of that
03:21:46.44	Unknown	in the upcoming budget cycle and our current spending.
03:21:50.42	Unknown	where we have to be aware that we've got incredible expenses on the horizon here that are really necessary for the operation of the city.
03:22:00.06	Unknown	And I just want to encourage you to
03:22:03.49	Unknown	Be mindful of that when you're making spending decisions and when you're making budgetary decisions. I appreciate that. Thank you.
03:22:12.99	Unknown	No further public comment?
03:22:14.20	Unknown	Thank you.
03:22:18.00	Unknown	Okay, we'll close public comment. Any discussion here on the dais?
03:22:22.72	Lilyana Spiegal	Just to say, I'm really excited to see us after this has been deferred to other meetings to finally get to this because we have a lot of critical revenue that lies within our facilities and we have an opportunity to leverage them to not only increase our revenue, but also to improve services to residents. So I would wholeheartedly agree with the staff recommendation to approve an RFP for facilities assessment and I'll go ahead and make that motion.
03:22:49.52	Unknown	Okay.
03:22:51.43	Unknown	I'll second it with the amendments that reflect the comments of people here on the dais about expanding it to include
03:23:00.42	Unknown	I'll let you speak for yourself.
03:23:01.45	Janelle Kelman	Yeah, I just want to know if that meant it. Yes. And I don't even know if this is necessarily an amendment at all, but I want it to be helpful and state that I think the RFP needs to get updated on Section 3, which is the project description. And then it's Section 6, Task 2, actually 2.1, where it outlines the infrastructure to be reviewed. So just put that on the record, and then hopefully we'll see this. And with your ASTM. ASTM.
03:23:02.87	Unknown	I'm sorry.
03:23:29.95	Unknown	ASTM 2018 and having an ask that it'd be a 10 year assessment and grading responses accordingly.
03:23:41.16	Unknown	There is a second and I'd love to add, I mean, maybe separate direction after the vote. So let's vote on that motion to release the RFP. All in favor, say aye. Aye. Who was the second? I was. It was the mayor. Opposed, none. That motion carries. Just in terms of direction, just so that the city manager is on the same page, is there a consensus that we should get a list of all our city-owned properties? Yes, absolutely. Absolutely.
03:23:51.45	Joan Cox	Bye. Who was the second?
03:23:53.60	Joan Cox	I was. It was the mayor.
03:24:04.68	Joan Cox	Absolutely.
03:24:05.98	Unknown	and a user-friendly description so that everybody can understand what we're in. Something.
03:24:09.41	Joan Cox	Something beyond APN.
03:24:11.05	Unknown	Yeah. All right. A something that the layperson can understand so that they will know everything we own. All right. That's consistent direction that you could add to the minutes. Walford City Clerk.
03:24:21.52	Unknown	All right, thank you. So moving on to communications, this is a time for items not on the agenda.
03:24:29.18	Unknown	City Clerk, could you please open up a comment?
03:24:32.63	Sandra Bushmaker	Sandra Bushmaker.
03:24:37.84	Sandra Bushmaker	Thank you.
03:24:37.86	Unknown	Okay, I'm back.
03:24:39.19	Unknown	I don't think I ever left.
03:24:41.44	Unknown	to be honest.
03:24:42.91	Unknown	I'm sorry to have to bring this up, but I sent you a letter on March 7th regarding the
03:24:53.15	Unknown	FPPC decision in the Christine Dietrich matter, which was a 2019 decision where a
03:25:01.10	Unknown	Council member or two, actually,
03:25:03.91	Unknown	resided within or had a business within
03:25:06.90	Unknown	500 feet of the BID border.
03:25:11.14	Unknown	And the FPP said they needed to recuse themselves. And so I bring this up again because I'm,
03:25:17.94	Unknown	was disheartened to see that the council member whose property was within that district within that distance did not recuse himself.
03:25:27.25	Unknown	So I'm disturbed by that. And I hope that will be reconsidered for future action.
03:25:32.89	Unknown	Thank you.
03:25:36.91	Unknown	Seeing no further public speakers.
03:25:38.71	Unknown	All right, we'll close public comment. Council member committee reports. Are there any?
03:25:43.69	Unknown	Seeing none city manager, would you like to provide a report?
03:25:47.99	City Manager	Mayor and Council, the report that I would provide is in writing. It's listed as a staff report. It covers basic city priorities, which include infrastructure, finance, insurance, quality of life, public safety, and resiliency. And then it also covers the five areas that the Council agreed to at its February 10th strategy meeting. And then there's a listing of continuing initiatives that we're working on that is out there for the public. And as I require most departments to provide quarterly reports, what's good for the goose is good for me. So I will start providing these quarterly reports. So this will cover January, February, and March. I'll get another one out three months from now. And hopefully the input I get from you all, from the public and from our staff, will flesh that out a little more because I'm sure I didn't include some important things, but I included what I know was current. So that's my report, Mayor.
03:25:54.40	Unknown	Thank you.
03:26:40.20	Unknown	Thank you, city manager. And I do, I know the hour is late, but for anyone who's still online, I recommend that they actually click through and read that report. It is impressive to see all the things that are being done out of the limelight by you and the hardworking staff working on behalf of the people of Sausalito.
03:26:56.91	Janelle Kelman	Thank you.
03:26:56.94	Joan Cox	Thank you for that city manager.
03:26:57.95	Janelle Kelman	Thank you.
03:26:57.97	Joan Cox	Thank you.
03:26:58.16	Unknown	And the vice mayor would like to comment as well.
03:27:00.10	Joan Cox	Yeah, I sit on the agenda setting committee with the mayor. So I feel as though the two of us are more aware than most of what the city manager does. But when I read that report, I was very surprised to see everything that he's doing that I wasn't aware of. So city manager, thank you for putting it in writing.
03:27:18.44	Joan Cox	uh this council does not know but back in 2018 i demanded that our then city manager put his
03:27:25.50	Joan Cox	city manager reports in writing rather than taking 20 or 30 minutes of our time to tell us what he'd been doing so
03:27:32.35	Joan Cox	Very much appreciate that effort and the information provided.
03:27:36.62	City Manager	You're welcome.
03:27:37.44	Janelle Kelman	Thank you.
03:27:37.46	Joan Cox	Thank you.
03:27:37.53	Janelle Kelman	Mayor, I was thoroughly impressed by it and also really loved it when you did it in the past. So thank you. I know it's not easy to put together a written report. And I just want to echo what the mayor said. If you're still on listening or listen to this later, read that document. It's excellent so that you understand just how hard our city staff is working. Thank you.
03:27:58.62	Unknown	Okay, we'll now go on to future agenda items. Does anyone have anything they wish to add? Councilman McKellman?
03:28:04.00	Janelle Kelman	Yes, I'd like to agenda as an item to look at alternative parking opportunities in the downtown area.
03:28:09.76	Unknown	for any particular kinds of vehicles.
03:28:11.67	Janelle Kelman	and also looking at the bus parking. I also want to make just a global, more of a recommendation or suggestion. It feels, and this is a feedback I've gotten from the community, that the last four months have been very heavily focused on the downtown area, and I would just like this council to spend some time prioritizing agendas that focus on other parts of town. And so I know our budget's coming up. We should be looking at our roads again soon. I would love for us to have another conversation very soon about what roads and infrastructure projects we will be working on. So I just want to put that in and make that request.
03:28:49.47	Unknown	Thank you.
03:28:50.98	Unknown	Best counsel I've ever realized.
03:28:52.13	Janelle Kelman	Thank you.
03:28:52.15	Lilyana Spiegal	Thank you. I wanted to agendize just in the interest of transparency and all of our conversations around the Brown Act. I think it would be helpful, many of my colleagues and other constituencies have a set budget for travel for all of their council members in a very open discussion where they talk about what should be covered and shouldn't be covered for city business and speaking engagements. And many of us travel to the League of Cities Conference or we're National League of Cities members or Conference of Mayor members. So I'd like to have a conversation about how we budget for that as a group.
03:29:21.14	Joan Cox	I will say that traveling to three sister cities and various conferences over the last six years, the city's never paid for any of that for me.
03:29:30.32	Lilyana Spiegal	Yeah, the city's never paid, but other jurisdictions do provide reimbursements, and it is city business, and I'm not an attorney, so I don't make the same hourly fee that you or other attorneys you might sit here do, and I would still like, you know, I don't think that public engagement should necessarily be hindered, but we should be responsible with our budget and our spend. So I just want to have a discussion so that it doesn't become an issue.
03:29:50.60	Unknown	noted thank you travel budget on the future agenda items anything for you council member vice mayor no okay thank you then we will take public comment on items 8a through 8cb
03:29:55.53	Unknown	right?
03:29:57.00	Unknown	So.
03:30:05.27	Unknown	and the city manager report also while we're at it.
03:30:08.14	Unknown	See none. Okay.
03:30:10.84	Unknown	Thank you very much. That will end the evening. Thanks for being here. Good night. And we're adjourned.
03:30:18.45	Unknown	Thank you.