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SRCC Minutes (Regular) 09/19/2005 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, SEPTEMBER 19, 2005 AT 8:00 P.M.
Regular Meeting: Present: Albert J. Boro, Mayor
San Rafael City Council Barbara Heller, Vice-Mayor
Cyr N. Miller, Councilmember
Gary O. Phillips, Councilmember
Absent: Paul M. Cohen, Councilmember
Also Present: Rod Gould, City Manager
Gary T. Ragghianti, City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION – COUNCIL CHAMBER – 7:30 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION – CONFERENCE ROOM 201 – 7:30 PM
1. Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
Case Name: Caren Leonardi v. City of San Rafael
WCAB No.: WCAB Case # SFO 0436768
City Attorney Gary Ragghianti announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE:8:07 PM
9-11, Conflict in Iraq and Hurricane Katrina: - File 9-1
Patrick Smith, and Kim Lee, Santa Rosa, read from a prepared document addressing issues concerning
9-11 and the Conflict in Iraq.
John Jenkel, Graton, addressed the violation of his First Amendment rights by the Cities of Sebastopol and
Vacaville and the County of Lake, together with issues related to 9-11 and hurricane Katrina.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Phillips seconded, to approve the Consent Calendar, as
follows:
ITEM RECOMMENDED ACTION
2. Approval of Minutes of Regular Meeting of Minutes approved as submitted.
Tuesday, September 6, 2005 (CC)
3. Summary of Legislation Affecting San Rafael Accepted report.
(CM) – File 116 x 9-1
4. Resolution Authorizing the Mayor to Sign a RESOLUTION NO. 11831 –
RESOLUTION AUTHORIZING THE
Contract between the Marin County Community
MAYOR TO SIGN CONTRACT
Development Agency and the City of San Rafael
DOCUMENTS WITH THE COUNTY OF
for a Block Grant in the Amount of $15,000
MARIN COMMUNITY DEVELOPMENT
during the 2005-2006 Fiscal Year for Child Care
AGENCY FOR CHILD CARE
Staff Salaries at Pickleweed Children’s Center
SERVICES FOR FISCAL YEAR 2005-
(CS) – File 4-13-110
2006 IN THE AMOUNT OF $15,000
5. Resolution Approving the San Rafael Fire RESOLUTION NO. 11832 –
RESOLUTION APPROVING THE SAN
Department’s Withdrawal as a Certified Unified
RAFAEL FIRE DEPARTMENT’S
Program Agency (CUPA), and Directing the Fire
WITHDRAWAL AS A CERTIFIED
Chief to Send the Required 180 Day Notice of
UNIFIED PROGRAM AGENCY
Withdrawal to the California Secretary of
(CUPA), AND DIRECTING THE FIRE
Environmental Protection and the County of
CHIEF TO SEND THE REQUIRED 180
Marin (FD) – File 4-13-98 x 9-3-31
DAY NOTICE OF WITHDRAWAL TO
THE CALIFORNIA SECRETARY OF
ENVIRONMENTAL PROTECTION
AND THE COUNTY OF MARIN
6. Monthly Investment Report for Month ending Accepted Monthly Investment Report
for month ending August 2005, as
August 2005 (MS) – File 8-18 x 8-9
presented.
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7. Resolution Authorizing the Purchase of Three RESOLUTION NO. 11833 –
RESOLUTION APPROVING THE
Marked and Two Unmarked Ford Police Cars in
PURCHASE OF THREE MARKED
the Amount of $132,632.65 (PW) –
AND TWO UNMARKED FORD
File 4-2-335 x 9-3-30
POLICE CARS FOR $132,632.65
FROM FOLSOM LAKE FORD SALES
8. Resolution Authorizing the Substitution of the RESOLUTION NO. 11834 –
RESOLUTION AUTHORIZING THE
Real Property Collateral for the C Street Parking
EXECUTION OF A FIRST
Garage Lease Revenue Bonds and Amending
AMENDMENT TO SITE AND FACILITY
the Site and Property Lease Accordingly,
LEASE AND FIRST AMENDMENT TO
Including Parcels or Portions of Parcels 011-255-
PROPERTY LEASE IN CONNECTION
09, 010, 014 and 026 (RA) –
WITH THE SAN RAFAEL JOINT
File 2-9-26 x 2-1-83 x 12-14 x (JPFA) FA-5
POWERS FINANCING AUTHORITY
LEASE REVENUE BONDS, SERIES
2003 (PUBLIC PARKING PROJECT),
AND DIRECTING CERTAIN RELATED
ACTIONS IN CONNECTION
THEREWITH
AYES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
ABSTAINING: COUNCILMEMBERS: Phillips (from item #2 only, due to absence from
meeting)
PUBLIC HEARING:
9. Public Hearing:
203-1211 LINCOLN AVENUE (CORNER OF LINCOLN AVE. AND MISSION AVE.) –
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APPEAL OF AN APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT,
USE PERMIT AND VESTING TENTATIVE MAP FOR THE DEMOLITION OF AN EXISTING
APARTMENT BUILDING AND SINGLE-FAMILY HOME IN ORDER TO CONSTRUCT A NEW
36-UNIT RESIDENTIAL CONDOMINIUM STRUCTURE WITH A HEIGHT BONUS; APN: 011-
184-08 AND 09; HIGH DENSITY RESIDENTIAL (HR1) DISTRICT; 1203 LINCOLN AVENUE
PARTNERS LP, OWNER; TWM ARCHITECTS, APPLICANT; TYMBER CAVASIAN, JAMES
GONSMAN, ROGER ROBERTS, NINA LILIENTHAL-MURPHY, AND LYNN BRADESCU,
APPELLANTS; FILE NOS.: ED04-102, UP05-032 AND TS05-001 (CD) –
FILE 10-7 x 10-6 x 10-5
Mayor Boro announced that this was a public hearing opened and continued from the City
Council meeting of September 6, 2005 to this evening; however, on September 14, 2005 a
request was received from Nina Lilienthal-Murphy (on behalf of the appellants) to continue the
item to the City Council meeting of October 17, 2005.
Councilmember Phillips moved and Councilmember Miller seconded, to continue the public
hearing to the City Council meeting of October 17, 2005.
YES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
COUNCIL CONSIDERATION:
NEW BUSINESS:
10. CONSIDERATION OF A REQUEST FOR A PERMIT TO ALLOW ST. ISABELLA’S SCHOOL
TO HOLD A CARNIVAL FROM OCTOBER 7 – 9, 2005, WITH RIDES PROVIDED BY
BUTLER AMUSEMENTS, AN ASTRO JUMP, GAMES, FOOD, BEER AND WINE (CD) –
FILE 9-10-5 x 9-3-85
Associate Planner Damon DiDonato reported that this was a carnival permit for St. Isabella’s
school. He noted it had been before Council in 2002, 2003 and 2004 also, and had been
approved.
Indicating there were very few complaints in the past, Mr. DiDonato explained that in 2002, a
neighbor on Las Pavadas Avenue did complain about noise and privacy impacts from
equipment near the rear property line of their home. To address that complaint, a Condition of
Approval was added in 2002 requiring that games and rides be moved 50-feet from that
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property line. He believed that condition was still relevant and it had been included in the
attached resolution.
No complaints having been received in 2003, Mr. DiDonato reported however, that in 2004, a
telephone complaint was made regarding the location of the portable restrooms, also along the
Las Pavadas rear property line. He indicated that the applicant in this year’s submittal
proposed moving those restrooms to the interior of the property between the school and the
science laboratory. Staff had visited the site and believed this central location was appropriate
and would prevent impacts to surrounding residential properties.
Mr. DiDonato stated that staff had reviewed the project file, discussed the carnival with another
staff member who attended in 2003, and believed it was well run and the applicant had made
good faith efforts to address all neighborhood concerns. Staff therefore, was recommending
approval of the carnival permit subject to the conditions in the attached resolution.
Councilmember Phillips stated he had received a few calls regarding set up and take down
hours as there was concern of this taking place late into the evening. Not seeing this
addressed in the staff report, he requested clarification on these hours.
Confirming there was nothing in the report concerning the actual set up of the carnival, Mr.
DiDonato noted, however, a Condition of Approval in the attached resolution that required take
down to be completed by 9:30 p.m.
Councilmember Phillips stated that 9:30 p.m. appeared to be acceptable and he inquired
whether the set up could be expected to take place within that time frame.
Mr. DiDonato stated he expected the carnival would be set up on Friday, October 7, 2005.
Councilmember Phillips confirmed that item #4 in the resolution did address the issue. He
commented that as long as there could be an assurance that both the set up and take down
would not go beyond 9:30 p.m., he did not anticipate an issue.
Councilmember Heller moved and Councilmember Phillips seconded, to adopt the resolution.
RESOLUTION NO. 11835 – RESOLUTION APPROVING A PERMIT TO ALLOW ST.
ISABELLA’S SCHOOL TO HOLD A CARNIVAL FROM
OCTOBER 7, 2005 TO OCTOBER 9, 2005, AT ONE TRINITY
WAY (APNs: 175-181-25 AND 27)
YES: COUNCILMEMBERS: Heller, Miller, Phillips and Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Cohen
COUNCILMEMBERS REPORTS:
11. MTA (Marin Telecommunications Agency) Meeting: - File 4-13-101
Reporting on the last MTA meeting, Councilmember Miller stated that negotiations were
progressing and a meeting would take place in Washington, D.C. with the Philadelphia central
office of Comcast. He indicated that the Board of Directors finally concluded they were
negotiating in a very adverse environment; however, hopefully, by October 26, 2005 a
completed agreement would be presented.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:20 p.m.
____________________________
JEANNE M. LEONCINI, City Clerk
APPROVED THIS ______ DAY OF __________, 2005
___________________________________
MAYOR OF THE CITY OF SAN RAFAEL
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