HomeMy WebLinkAboutCC Minutes 2009-09-08SRCC Minutes (Regular) 09/08/2009 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. TUESDAY, SEPTEMBER 8.2009 AT 8:00 P.M.
Regular Meeting:
San Rafael City Council
Also Present: Ken Nordhoff, City Manager
Robert F. Epstein, City Attorney
Esther C. Beirne, City Clerk
OPEN SESSION — COUNCIL CHAMBERS — 5:30 PM
Mayor Boro announced Closed Session items.
CLOSED SESSION — CONFERENCE ROOM 201 — 5:30 PM
Present: Albert J. Boro, Mayor
Barbara Heller, Vice -Mayor
Greg Brockbank, Councilmember
Damon Connolly, Councilmember
Cyr N. Miller, Councilmember
Absent: None
(a) Public Employee Performance Evaluation (Government Code Section 54957)
Title: City Manager
Councilmember Connolly, reporting for the sub -committee on Mr. Nordhoff's evaluation, stated that the City Council
unanimously believed City Manager, Ken Nordhoff, was doing an outstanding job and gave him an excellent performance
evaluation
Councilmember Connolly stated that the City Council was extremely satisfied with the City Manager's performance during
the past year. In their opinion, Mr. Nordhoff had followed through on the majority of the goals and objectives set in 2008,
despite the difficult and often unpredictable challenges encountered during the past year of unprecedented economic
changes in the national, state and local economies. In addition, the Council noted that Mr. Nordhoff had obtained the trust
of the community and the City's employees and was described as "exceptional in his overall knowledge of the workings of
the different City departments and the outside agencies that interact with the City." It was further noted that Mr. Nordhoff
was an outstanding listener and public speaker; he had agreed to forego a compensation increase and was participating
in the City-wide furlough program. He commended Mr. Nordhoff on a job well done.
Mayor Boro thanked Mr. Nordhoff for the wonderful job he continues to do for the City and added that both the City and
the community were very fortunate to have him as the City Manager.
Mr. Nordhoff stated that it remained a pleasure and privilege to serve the community and the City Council. Noting many
exciting challenges still ahead, he expressed gratitude to the City's workforce for their dedication and quality of work.
(b) Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(a)
Case Name: Lvnda LeVeciue v. Citv of San Rafael, et al.
Marin County Superior Court Case # CV093661
(c) Conference with Legal Counsel—Existing Litigation
Government Code Section 54956.9(a)
Case Name: MHC Financing LP, et al. v. Citv of San Rafael, et al.
U.S. Court of Appeals for Ninth Circuit, Case # 09-16447, 09-16451, 09-16612, 09-16613
SRCC Minutes (Regular) 09/08/2009 Page 1
SRCC Minutes (Regular) 09/08/2009 Page 2
(d) Conference with Labor Negotiators– Government Code Section 54957.6(a)
Negotiators: Jim Schutz, Leslie Loomis, Cindy Mosser, Rob Epstein,
Ken Nordhoff
Employee Organization(s):
San Rafael Fire Chief Officers' Assn. Western Council of Engineers
San Rafael Firefighters' Assn. Local 1 - Confidential
San Rafael Police Mid -Management Assn. SEIU Miscellaneous & Supervisory
San Rafael Police Association SEIU Child Care Unit
Unrepresented Management
Unrepresented Mid -Management
Elected City Clerk and Elected Part -Time City Attorney
(e) Conference with Legal Counsel—Existing Litigation
Government Code Section 54956.9(a)
Case Name: Matthew Hall v. Citv of San Rafael
WCAB Case No.: ADJ3556276
City Attorney, Robert Epstein announced that no reportable action was taken on items (b), (c), (d) and (e).
ORAL COMMUNICATIONS OF AN URGENCY NATURE:
8:05 PM
Terra Linda Communitv Center: - File 9-1 x 9-3-65
Amv Rosenthal voiced her concern regarding evening events held at the Terra Linda Community Center, and requested a
policy change, specifically concerning the use of power amplifier (PA) systems. She stated that she had submitted this
request over a year ago to the Park & Recreation Commission to make them aware of the noise problem and hoped to
have the issue agendized for discussion at the next City Council meeting. She submitted a letter to the City Council.
Mayor Boro stated the City Manager and Community Services Director would review the issue and would notify Ms.
Rosenthal regarding future discussion.
Medical Mariivana Dispensarv: - File 9-1
Rov Benson requested permission to initiate a Medical Marijuana Collective in San Rafael. He reported that in 1996, 73%
of San Rafael voters approved Compassionate Act 215, which he believed in politics was called "a mandate for." He noted
that no City Councilmember present this evening, except for Mayor Boro, had ever reached such a threshold. Mr. Benson
proposed a partnership with transparency — a Collective with regular visits from law enforcement and City Council
Members, the goal of which was to serve the community in a transparent manner. He requested permission for a
partnership to work together for patients taking care of patients and providing jobs for San Rafael, and submitted a letter
to the City Council.
City Attorney Robert Epstein stated that, as previously reported, the requested use was not a permitted use in the City of
San Rafael, as per the Municipal Code. A similar law had been challenged in the City of Anaheim and currently was
being reviewed by the District Court of Appeal in Southern California -- the challenge being based on the Compassionate
Use Law. He indicated that a decision was anticipated in the next six months which he would report to the City Council.
Pension Liability: 9-1
Gary Ford apologized to City Manager, Ken Nordhoff, and to all staff members for his remarks during an orientation for
City Council candidates held last week.
Regarding a letter from Mr. Nordhoff dated August 21, 2009 concerning the unfunded pension liability, Mr. Ford reported
that a supporter corrected him to the effect that the unfunded pension liability was $89.5 million rather than $79 million,
which was clarified by Mr. Nordhoff. Noting that the report given to the EFI was approved on March 11, 2009, he
indicated that the City accepted the financial statements for 2008 on April 7, 2009 and inquired as to why the financial
statements were accepted with the knowledge that in excess of $9 million was inaccurately reflected.
Finance Manager, Cindy Mosser, stated that the ER report was received subsequent to April 7, 2009.
SRCC Minutes (Regular) 09/08/2009 Page 2
SRCC Minutes (Regular) 09/08/2009 Page 3
Prostitution: - File 9-1 x 9-3-30
With regard to recent remarks at a City Council meeting, Ed Berberian, Marin County District Attorney, clarified for the
record that the San Rafael Police Department and the Marin County District Attorney's office had worked very
cooperatively on the issue of prostitution for many years. He stated that new legislation was on the books regarding
alleged Internet arrangements for acts of prostitution which City Attorney, Robert Epstein, was evaluating. He noted that
the District Attorney's office had pledged willingness to work with San Rafael on any matters that needed to be addressed
along those lines. As a matter of public record, Mr. Berberian stated that the San Rafael Police Department had done a
lot in this area over the last five years. Of all referrals to the District Attorney's office over the past five years on the
criminal side for prostitution and solicitation of prostitution, 93% involved the San Rafael Police Department working with
his office. He noted that in 2007 and 2008, 95% and 86%, respectively, of San Rafael referrals had been filed.
Staff Appreciation: - File 9-1
David Maver thanked City Manager, Ken Nordhoff, for his letter in response to Mr. Mayer's issues with the Falkirk Cultural
Center, although he respectfully disagreed with some of Mr. Nordhoff's findings. He also thanked the Fire Department for
following up on the matter of weed abatement at Third and Tamalpais Streets, which Mr. Mayer had addressed at a recent
town hall meeting on North San Pedro Road. Additionally, he thanked Esther Beirne, City Clerk, for her assistance with
the filing of his candidacy papers and, although he was unable to attend the Candidate Forum on September 3, 2009, Mr.
Mayer stated that he found the information very useful, in particular the section put together by Fire Chief, Christopher
Gray.
CONSENT CALENDAR:
Councilmember Miller moved and Councilmember Connolly seconded, to approve the Consent Calendar as follows:
CONSENT CALENDAR:
ALL MATTERS ON THE CONSENT CALENDAR ARE TO BE
APPROVED BY ONE MOTION, UNLESS SEPARATE ACTION IS
REQUIRED ON A PARTICULAR ITEM:
Resolution Authorizing and Approving the Borrowing of Funds
for Fiscal Year 2009-2010; the Issuance and Sale of a 2009-
2010 Tax and Revenue Anticipation Note (Fin) —
File 8-13-9 x 8-14
4. Report on Bid Opening and Resolution Awarding Contract to
Ghilotti Bros., Inc. for the Street Resurfacing American
Recovery and Reinvestment Act 2009 Rebid, City Project No.
11108, Federal Aid Project No. ESPL 5043 (030) in the Amount
of $1,137,285.30; Bid Opening held on Tuesday, September 1,
2009 (PW) — File 4-1-610
Accept Completion of the Canal/Medway Enhancement Project
(Project #10705) Federal Aid Project No. STPLER 5043 (019)
and Authorize the City Clerk to File the Notice of Completion
(PW) — File 4-1-599 x (SRRA) R-459 x (SRRA) R-140#8
Resolution Approving and Authorizing the Mayor to Execute the
Revised Joint Exercise of Powers Agreement (JEPA) Between
the Marin County Flood Control and Water Conservation
District and the Marin County Stormwater Pollution Prevention
Program (MCSTOPPP) Member Agencies (PW) —
File 4-13-117 x 4-4-6b
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING ACTION:
RESOLUTION NO. 12829
RESOLUTION AUTHORIZING AND
APPROVING THE BORROWING OF FUNDS
FOR FISCAL YEAR 2009-2010 AND THE
ISSUANCE AND SALE OF 2009-2010 TAX
AND REVENUE ANTICIPATION NOTES IN
AN AMOUNT NOT TO EXCEED $8,500,000
THEREFOR
RESOLUTION NO. 12830
RESOLUTION AWARDING THE
CONTRACT FOR STREET RESURFACING
AMERICAN RECOVERY AND
REINVESTMENT ACT 2009 REBID,
PROJECT NO. 11108, FEDERAL AID
PROJECT NO. ESPL-5043(030) TO
GHILOTTI BROS., INC., IN THE AMOUNT
OF $1,137,285.30
Accepted report.
RESOLUTION NO. 12831
RESOLUTION APPROVING AND
AUTHORIZING THE MAYOR TO EXECUTE
THE REVISED JOINT EXERCISE OF
POWERS AGREEMENT (JEPA) BETWEEN
THE MARIN COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT
SRCC Minutes (Regular) 09/08/2009 Page 3
Resolution Authorizing Temporary Street Closure — Windward
Way — for the Bi -National Health Week Wellness Fair at the
Canal Health & Wellness Campus — October 10, 2009 (RA) —
File 11-19
SRCC Minutes (Regular) 09/08/2009 Page 4
AND THE MARIN COUNTY STORMWATER
POLLUTION PREVENTION PROGRAM
(MCSTOPP) MEMBER AGENCIES
RESOLUTION NO. 12832
RESOLUTION AUTHORIZING THE
TEMPORARY CLOSURE OF WINDWARD
WAY FROM 8:OOAM — 6:OOPM FOR THE
BINATIONAL HEALTH WEEK WELLNESS
FAIR AT THE CANAL HEALTH &
WELLNESS CAMPUS ON OCTOBER 10,
2009
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
2. The following item was removed from the Consent Calendar for discussion at the request of Councilmember
Connolly:
APPROVAL OF MINUTES OF REGULAR CITY COUNCIL MEETING OF AUGUST 17, 2009 (CC!
Councilmember Connolly requested that the following edits be made to the minutes of August 17, 2009, relating
to the Grand Jury Report on the Major Crimes Task Force:
On page 9, the first sentence of the third full paragraph should read, "...Councilmember Connolly cautioned the
City Council not to just focus on whether there literally was a bust within City limits." Further down in the same
paragraph the sentence should read: "...Councilmember Connolly cautioned that the City should not be fixated
on literally what was happening within San Rafael's borders..."
Councilmember Miller moved and Councilmember Brockbank seconded to approve the minutes with
Councilmember Connolly's edits.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
8. CONSIDERATION OF RESOLUTION APPROVING A CARNIVAL PERMIT AND NOISE ORDINANCE
EXCEPTION FOR AN EXTENSION OF TIME LIMITS TO ALLOW A ONE -DAY, SUMMER FESTIVAL AND
CONCERT AT ANDY'S MARKET, LOCATED IN THE LOCH LOMOND MARINA, 688 POINT SAN PEDRO
ROAD, ON SATURDAY, SEPTEMBER 26, 2009 (CD) — FILE 9-10-6 x 9-3-85
Caron Parker, Associate Planner, explained that this was a one -day carnival permit for a festival at the Loch
Lomond Marina. The daytime festival would run from 11:00 AM to 4:00 PM and would include food, pony rides
and other children's activities. The evening concert would begin at 7:00 PM and end at 11:00 PM, with the site to
close at 11:30 PM.
Indicating that the applicant was present with a short Power Point presentation, Ms. Parker stated she had three
issues to bring up beforehand:
Parking Circulation
Ms. Parker stated that she and Paul Jensen, Planning Manager, had worked with the applicant for the past 3
months to refine the site planning issues and ensure that both festival parking and circulation did not negatively
impact the daily Marina activities, residents or day -users. The Marina owners indicated they would have two staff
members driving golf carts to shuttle Marina residents back and forth from parking areas to their destinations.
Additionally, signs would be posted letting Marina residents know where they should park and what areas would
be reserved for them. The carnival activities would have 4-5 volunteers available, in addition to 2 San Rafael
police officers to control crowds and traffic during the day.
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Parking Availability
In terms of parking spaces, Ms. Parker noted that the site had been prepared to provide parking for the event, for
the on-site customers of Andy's Market and for the Marina users. During the daytime festival, Ms. Parker stated
that there would be a total of 460 parking spaces on site. Additional proposed parking would be available at San
Pedro Elementary School with a shuttle bus to run to the Marina, as well as on -street parking on the south side of
Point San Pedro Road.
Ms. Parker stated that there would be more parking spaces available during the evening concert due to the
festival's having ended. She estimated a total of 600 spaces on site for the nighttime concert with additional
parking on the street.
Noise
Ms. Parker stated the San Rafael Noise Ordinance stipulates that sound performance and sound performance
equipment are limited to the hours of 10:00 AM - 10:00 PM; however, the concert would continue until 11:00 PM,
one hour past the prescribed end time for sound performance noise. The event was noticed at a 500 -foot radius;
however, to date, only one comment concerning the noise levels had been received. No comments or complaints
were received from the Marina residents who would be impacted the most. Having consulted with Events
Coordinator, Brian Auger, who had experience working with concerts throughout the Bay Area, Ms. Parker stated
that in his opinion the noise levels would not be an issue for the area residents.
Ms. Parker stated that the applicant had consulted with the sound engineer for the Tommy Castro Band, the main
performer at the event, and would make a presentation this evening.
In conclusion, Ms. Parker reported that staff had reviewed the application for both the daytime and the evening
events and recommended a conditional approval of the carnival permit, approval of the waiver deposit request
and approval of the one-hour extension to the noise ordinance from 10:00 PM — 11:00 PM.
Mark Piersante, applicant, thanked Brian Auger, Paul Jensen and particularly Caron Parker for their help in the
process. Indicating he had a Power Point presentation to show the Council, he first introduced and thanked Andy
Bachich, owner of Andy's Market, for his hard work on planning the event.
Explaining the reason for the festival, Andv Bachich, Andy's Market, stated that a lot of local businesses were
constantly helping San Rafael schools, noting the schools lost $2 million in the budget. Therefore, they were
attempting to do everything at the lowest possible cost so that all the funds would be contributed to the schools.
Mr. Bachich thanked the Planning Department staff, noting they were a pleasure to work with.
Mark Piersante explained that this was a fundraiser for the San Rafael School District, noting "Heads Up"
together with a lot of others had stepped up to offer help with this effort in a very short timeline. He reiterated that
the event had two parts: the daytime festival with free admission and the nighttime concert featuring Tommy
Castro and Friends.
Regarding the daytime festival, Mr. Piersante said he was hopeful that attendance would reach 1,000 people,
with no more than 300 anticipated at any one time. Parking would be adequate for the number of expected
attendees, as outlined by Ms. Parker and contained in the permit application. He noted that the daytime festival
would involve games and activities for children, with a beer garden for adults. Should the need arise, 50
additional parking spaces would be available at Point San Pedro School. Because Andy's Market would be
providing the food for the festival, Mr. Piersante stated that there would be no cooking or serving of food inside
tents or canopies.
Regarding the evening concert time of 6:00 PM — 11:30 PM, Mr. Piersante stated that time would be needed to
clear out the daytime event to prepare for the evening concert which would commence at 7:00 PM with an
anticipated attendance of 1,500. Indicating that Sol Food would also provide some of the food he clarified that
they would be preparing the food at their restaurant and transporting it to the site for service.
Referring to a letter he had received from Renegade Productions, Mr. Piersante stated they indicated that from
their experience they did not expect the sound levels to exceed 80 dba at 50 feet past the property plane.
Despite the fact that the tent would open towards the water, where the noise would affect the people on their
boats, Mr. Piersante emphasized that there had been no negative comments received on the issue.
Andy Bachich added that his goal for creating the event was to encourage the bigger businesses such as Trader
Joe's, Kaiser, Autodesk, etc., to give back to the community and help San Rafael schools financially. He had
succeeded with Wells Fargo who had set a precedent; however, others were needed.
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SRCC Minutes (Regular) 09/08/2009 Page 6
With regard to attendance and parking projections, Councilmember Brockbank inquired as to how these numbers
were arrived at and what would happen in the event more people arrived than space was available for.
Responding, Mr. Piersante explained that the estimates were generated by brainstorming at group meetings, etc.
With regard to the parking numbers, he believed that Brian Auger had provided ideas on this issue and he
pointed out that those numbers were consistent with numbers he had used for other traffic circulation
applications. He believed more than adequate space was available to compensate for any additional numbers,
and with regard to Point San Pedro Road, spaces would be available further down from the assumed distance
noted in the report. He commented that the evening concert would be limited by the number of tickets sold.
Councilmember Brockbank stated he would not be surprised if 100-200 people showed up for the concert not
knowing they needed to purchase tickets in advance, who would have to be turned away in the event of a sold -
out show.
With regard to sound, Councilmember Brockbank inquired whether Mr. Auger, with his incredible experience with
sound, could really predict the sound level.
Mr. Auger explained that 80 decibels was an average as sound goes up and down. The public address system
contained a master volume control; therefore, ultimately, the control was on the equipment. Responding to
Councilmember Brockbank's inquiry as to whether someone would be measuring the decibels at 50 feet, Mr.
Auger explained that it was an articulated peak that holds for a certain amount of time. 80 decibels for 30
seconds is a peak performance; however, remaining at 80 decibels for a longer time would necessitate turning
the sound down at the master volume control.
David Maver stated he was a supporter of the Tommy Castro Band and looked forward to them coming to San
Rafael as he supported cultural events in San Rafael; however, he had some concerns. With regard to parking
he saw no mention of bicycle parking in the application, which some might use to get to the event, or whether the
organizers intended to work with the Marin County Bicycle Coalition to have them offer free valet parking as this
could alleviate some parking issues. Noting there would be a beer garden during the daytime festival, Mr. Mayer
stated he did not see any reference to alcoholic beverages being served in the evening. He had an issue with
having only two police officers on duty for a potential crowd of 1,500 and inquired whether the City would be
reimbursed for the police officers on duty providing security for the event. He also had an issue with the $500
deposit being waived and believed that with potentially raising several thousand dollars, the event should pay the
deposit because of litter.
On the issue of windblown litter which ends up in waterways, Mr. Mayer reported that on August 29, 2009 walking
in downtown San Rafael he noted a lot of flyers promoting the Sausalito Art Festival and these were still evident
today on B Street attached to telephone poles, etc. They were left by a group promoting their event and were
evident on trash cans and just blowing, and on that Saturday alone he picked up over 100. He therefore,
believed there should be concern about how this event was promoted and the ensuing litter, as he was really
against litter in the community.
Wishing the organizers luck, Mr. Mayer believed it a good idea to have a fundraiser for the school. While he liked
the Tommy Castro band he believed they could draw not particularly the normal crowd, such as the "biker crowd"
which he did not have a problem with; however, he did have some concern about not having adequate security.
Al Barr, resident of Loch Lomond, wished to retract his original complaint regarding the sound level at the event,
as he now understood the band would be in a tent facing the water, which he felt would not terribly annoy anyone
after 10:00 p.m. He suggested the City Manager could mention to the Police Department the fact that no left turn
was permitted from the parking lot at Point San Pedro Road School. Cars needed to continue on Point San
Pedro Road and make a U-turn at the traffic light and he hoped that a police officer would be posted at the
parking lot to ensure left turns were not made, especially at night.
Rov Benson stated that he had worked extensively with concert ticket -selling and felt it was not unusual for 2-3
people to ride together to events, as most people did not attend these events alone. Although Mr. Benson
agreed with Mr. Auger that the master sound control would be adequate for regulating the noise from the event,
he expressed concern for the residents who live on their sailboats, since the tent would be facing the water.
Regarding the number of attendees, he concurred with the applicant that pre -sold tickets would help them
understand whether they would encounter a problem; however, he believed it unusual to get a large walk-in
group on the day of the event. He agreed with Mr. Barr that illegal left-hand turns onto Point San Pedro Road
was an important aspect, especially after a concert, because people were excited and not usually aware of what
SRCC Minutes (Regular) 09/08/2009 Page 6
SRCC Minutes (Regular) 09/08/2009 Page 7
they could or could not do; therefore having someone posted at the parking lot was a good idea
With regard to security concerns, Ms. Parker stated that the applicant would have security, independent from the
City's Police Department. She noted that the Police Department did review the project and had sent the Planning
Department a letter which stated that based on their observations and the site plan they would designate two
officers during the daytime event and two for the evening event; however, staff could revisit this if necessary with
the Police Department as a condition of approval. She believed the Police Department felt these numbers were
adequate, albeit the numbers had risen since they reviewed the project in the early days. In terms of cost, she
stated that the applicant would have to pay the salaries of those police officers, based on an hourly wage.
Addressing the question of litter, Ms. Parker stated that since Andy's Market was a business, the owner had a
vested interest in keeping the site clean. As with other carnival permits such as St. Isabella's school, she
reported that the deposit was always waived because of the organizers' desire to keep the site clean; however,
there was a condition of approval in the draft resolution that stated "all trash shall be removed by Sunday,
September 27`h,, which could be extended for a further couple of days to ensure windblown trash from other areas
was removed.
In terms of sign removal, Ms. Parker stated that a further condition could be included to remove signs in other
places in the City.
Responding to the question of bicycle parking, Ms. Parker indicated that spaces could be designated during the
day; however, she believed bicycle parking would be unnecessary at the evening event and language could be
added to reflect this. In terms of the traffic dangers raised by Mr. Barr regarding a left turn, she stated that staff
had been coordinating with the Police Department and would take care of this issue.
Addressing the issue raised by Mr. Mayer regarding alcoholic beverages, Ms. Parker believed that cocktails
would be served in the tent.
Mr. Bachich confirmed that beer and wine would be served. He explained that the goal was to stage the event at
the lowest cost possible so that the maximum amount of proceeds could benefit the schools. He did not believe it
necessary to add additional police officers at $125 per hour, especially in the daytime portion of the event, when
a security team was already in place. Additionally, parent volunteers would staff the event during the afternoon.
Mayor Boro stated that staff would defer to the Police Department with regard to their requirements.
Noting the applicant indicated the band had their own security team, Vice -Mayor Heller inquired as to how many
people would be assigned and the hours they would be on duty.
On the recommendation of Brian Auger, Mr. Bachich believed this was one security officer per 100 attendees, for
a total of 13 or 14 security officers at the evening concert and this was planned for. He noted they would be
bonded and insured.
Having met with Christine Dewey several weeks ago, Mayor Boro was aware that a lot of work had gone into
planning the proposed event and the City was very pleased with the initiative being undertaken. He felt the event
would be beneficial to the community and hoped that it could be built on in the future. With respect to other large
companies potentially participating, Mayor Boro believed things were very difficult currently and a lot of
companies that normally donated could not. Despite this, there were a number of events in San Rafael that had
sponsorship and once the success of this event became known, there would be an understanding that it was
worthwhile sponsoring. He thanked the applicant and Mr. Bachich for their work.
Noting six conditions on the first page of the Resolution, Mr. Jensen stated that condition 1 addressed parking,
and staff suggested adding the language "in consultation with the BPAC (Bicycle & Pedestrian Advisory
Committee), additional parking would be reserved for bicycle parking during the day."
With regard to Condition 5 — Cleanup — language to be added "with additional cleanup as needed for two days
following the event."
Condition 7 to be added to read: "Prior to the event, staff will consult with the Police Department regarding the
specific number of police officers required for the evening concert."
Mayor Boro inquired as to whether this would apply to the daytime festival as well.
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SRCC Minutes (Regular) 09/08/2009 Page 8
Mr. Jensen stated that staff would consult with the Police Department on both the daytime and evening events
Councilmember Brockbank moved and Councilmember Connolly seconded to adopt the resolution with the
amendments and additions noted.
RESOLUTION NO. 12833 — RESOLUTION APPROVING A PERMIT TO ALLOW ANDY'S MARKET TO HOLD
A ONE -DAY FESTIVAL AND MUSIC CONCERT ON SATURDAY, SEPTEMBER
26, 2009, AT 688 PT SAN PEDRO ROAD APNs: 016-070-02, 03, 04, 05
(LOCH LOMOND MARINA)
Vice -Mayor Heller thanked the applicant and reported that she had been lobbied by many people in the
community to approve the project. She commented that she was very pleased with the attitude of those she
encountered at the site.
Councilmember Connolly thanked the organizers for providing a fundraiser for the schools' benefit.
Mayor Boro concurred and added that Mr. Bachich had done a great job with the Loch Lomond neighborhood as
their lack of attendance this evening was very positive.
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Miller & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
None.
COUNCILMEMBER REPORTS: (including AB 1234 Reports on Meetings and Conferences Attended at City Expense)
10. None.
There being no further business, Mayor Boro adjourned the City Council meeting at 8:53 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2009
MAYOR OF THE CITY OF SAN RAFAEL
SRCC Minutes (Regular) 09/08/2009 Page 8