HomeMy WebLinkAboutCC Minutes 2010-09-20SRCC Minutes (Regular) 09/20/2010 Page 1
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL. MONDAY, SEPTEMBER 20, 2010 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
Members of the public may speak on Agenda items.
OPEN SESSION — COUNCIL CHAMBERS — 7:00 PM
Mayor Boro announced Closed Session item.
CLOSED SESSION — CONFERENCE ROOM 201 — 7:00 PM
Public Employment — Government Code Section 54957
Title: City Manager
Present: Albert J. Boro, Mayor
Damon Connolly, Vice -Mayor
Greg Brockbank, Councilmember
Barbara Heller, Councilmember
Marc Levine, Councilmember
Absent: None
City Attorney Robert Epstein announced that no reportable action was taken.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:26 PM
Smart Meters: - File 9-1
Vicki Sievers, Educator and San Rafael resident, reported numerous scientific studies demonstrated that wireless
technologies had adverse effects on human health, and that children were especially vulnerable. She indicated that since
she last addressed the City Council more Marin municipalities had taken action on this matter; however, the topic had yet
to appear on a San Rafael City Council agenda. Questioning why families were forced to have Smart Meters installed in
their homes, she requested the item be agendized for a future City Council meeting.
Sandra Dakota, San Rafael, reported that 62 Smart Meters were installed between two apartments in the 100 -unit senior
residence on Fifth Avenue where she works. Expressing concern, she requested City Council support for slowing down
the process by turning meters on just once monthly pending clarification on health-related issues.
Alcohol Education: - File 9-1
Jim Geraahtv, San Rafael, recalled having addressed the City Council some time ago on the effectiveness of DUI
checkpoints as an education tool, especially with regard to youth. He noted that at that time there was a proposal to
discuss with the Marin Institute the possibility of generating an education program. He suggested implementing an
"Alcohol Harms" Fee, which could be allocated to an education program targeted to youth.
Mayor Boro reported having had preliminary discussions with the Marin Institute some months ago and indicated he would
move the issue forward.
Any records relating to an agenda item, received by a majority or more of the Council less than 72 hours before the meeting, shall be
available for inspection in the City Clerk's Office, Room 209, 1400 Fifth Avenue, and placed with other agenda -related materials on the
table in front of the Council Chamber prior to the meeting.
American Sign Language interpreters and assistive listening devices may be requested by calling (415) 485-3198 (TDD) or (415) 485-
3064 (voice) at least 72 hours in advance. Copies of documents are available in accessible formats upon request.
Public transportation is available through Golden Gate Transit, Line 22 or 23. Paratransit is available by calling Whistlestop Wheels at
(415) 454-0964.
To allow individuals with environmental illness or multiple chemical sensitivity to attend the meeting/hearing, individuals are requested
to refrain from wearing scented products.
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Councilmember Brockbank moved and Councilmember Levine 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:
Approval of Minutes of Regular Meetings of August 16
and September 7, 2010 (CC)
3. Call for Applications to Fill Five Two -Year Terms on the
ADA Access Advisory Committee, due to Expiration of
Terms of Luc Dehouwer, Fredric Divine, Eric Holm, Rob
Simon and Bob Sonnenberg (CM) — File 9-2-56 x 13-1-1
4. Report and Recommendation on Legislation Impacting
the City of San Rafael (CM) — File 116 x 9-1
5. Tree Advisory Committee Final Report (CS) — File 9-2-59
6. Monthly Investment Report for Month Ending August,
2010 (Fin) — File 8-18 x 8-9
7. Resolution Recognizing October 2 and 3, 2010 as
National Fallen Firefighters' Memorial Weekend (FD) —
File 102 x 9-3-31
8. Resolution Declaring October 3 — 9, 2010 National Fire
Prevention Week (FD) — File 102 x 9-3-31
RECOMMENDED ACTION:
APPROVAL OF THE FOLLOWING ACTION:
Minutes approved as submitted.
Approved staff recommendation.
a) Called for applications to fill five two-
year terms on the ADA Access
Advisory Committee, to expire the end
of October, 2012;
b) Set deadline for receipt of applications
for Tuesday, October 12, 2010 at 12:00
noon in the City Clerk's Office, City
Hall, Room 209; and
c) Set date for interviews of applicants at
a Special City Council meeting to be
held on Monday, October 18, 2010,
commencing at 6:30 p.m.
Approved staff recommendation.
Accepted report.
Accepted Monthly Investment Report for
month ending August, 2010, as presented.
RESOLUTION NO. 13055
RESOLUTION RECOGNIZING NATIONAL
FALLEN FIREFIGHTERS' MEMORIAL
WEEKEND — OCTOBER 2 & OCTOBER 3,
2010
RESOLUTION NO. 13056
RESOLUTION DECLARING OCTOBER 3-9,
2010 NATIONAL FIRE PREVENTION
WEEK
9. Resolution Appointing the Members of the Special Library RESOLUTION NO. 13057
Parcel Tax Committee as per the Recommendation of the RESOLUTION APPOINTING MEMBERS OF
City Council Sub -Committee (Lib) — File 9-2-62 x 9-3-61 THE SPECIAL LIBRARY PARCEL TAX
COMMITTEE AS PER THE
RECOMMENDATION OF THE CITY
COUNCIL SUB -COMMITTEE
10. Resolution Appointing Standby Officers for Each Member RESOLUTION NO. 13058
of the San Rafael City Council (MS) — File 9-1 RESOLUTION AMENDING RESOLUTION
NO. 12638 OF THE CITY OF SAN RAFAEL
APPOINTING STANDBY OFFICERS FOR
EACH MEMBER OF THE SAN RAFAEL
CITY COUNCIL
11. Accept Completion of the Non -Motorized Transportation
Pilot Program (NTPP) Terra Linda — North San Rafael
Improvements, Project #11118, and Authorize the City
Clerk to File the Notice of Completion (PW) —
File 4-1-614
Approved staff recommendation.
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12. Resolution Accepting a Proposal and Authorizing the
Public Works Director to Enter into a Professional
Services Agreement with Ghirardelli Associates, Inc. to
Provide Inspection Services for Various Projects in an
Amount Not to Exceed $80,000 (PW) — File 4-3-513
13. Resolution Authorizing Temporary Closure of Fourth
Street from Shaver Street to G Street from 4:00 p.m. to
9:00 p.m. for the Downtown San Rafael West End Fall
Farmers' Market Celebration Every Thursday in October,
2010 (RA) — File 11-19
RESOLUTION NO. 13059
RESOLUTION ACCEPTING A PROPOSAL
AND AUTHORIZING THE PUBLIC WORKS
DIRECTOR TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT
WITH GHIRARDELLI ASSOCIATES, INC.
TO PROVIDE INSPECTION SERVICES FOR
VARIOUS PROJECTS IN AN AMOUNT NOT
TO EXCEED $80,000
RESOLUTION NO. 13060
RESOLUTION AUTHORIZING TEMPORARY
CLOSURE OF FOURTH STREET FROM
SHAVER STREET TO "G" STREET FOR
THE DOWNTOWN SAN RAFAEL WEST
END FALL FARMERS' MARKET
CELEBRATION EVERY THURSDAY IN
OCTOBER 2010 FROM 4PM TO 9PM
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAINING: COUNCILMEMBERS: Connolly from 9/7/2010 minutes, due to absence from meeting.
Regarding Agenda Item #9 — Appointment of Library Parcel Tax Committee Members - Mayor Boro reported that
on the recommendation of the sub -committee of Councilmembers Heller and Levine, he had appointed Barrett
Schaefer to Chair that committee.
SPECIAL PRESENTATIONS:
Principal Planner, Linda Jackson introduced new employee Denee Evans, Code Enforcement Supervisor, and
Noelle Evanjelho, promoted to Code Enforcement Officer I.
14. PRESENTATION OF RESOLUTION RECOGNIZING OCTOBER 2 AND 3, 2010 AS NATIONAL FALLEN
FIREFIGHTERS' MEMORIAL WEEKEND (FD) — FILE 102 x 9-3-31
Mayor Boro quoted from the Resolution Recognizing October 2 and 3, 2010 as National Fallen Firefighters'
Memorial Weekend:
"Whereas, the United States Congress and the President of the United States have designated the day of the
annual National Fallen Firefighters' Memorial Service as a day to honor firefighters and emergency services
personnel who have sacrificed their lives to save others, by lowering the American flag on all federal buildings
to half-staff; and
Whereas, an average of 100 firefighters courageously make the ultimate sacrifice in the line of duty each year;
and
Whereas, the events of September 11, 2001 brought national attention to the duties, responsibilities, hazards
and sacrifices faced by fire and emergency services personnel on a daily basis; and
Whereas, firefighters and emergency personnel play an essential role in the protection of lives and property in
our local community; and
Whereas, it is of major importance that we increase our efforts to reduce deaths, injuries and property losses
from fire; and
Whereas, the National Memorial Service marks the beginning of the annual Fire Prevention Week observance
Now, therefore, be it resolved that the Mayor and City Council of the City of San Rafael call upon all citizens of
San Rafael and all patriotic, civil and educational organizations to observe the day of October 3, 2010 in
recognition of the patriotic service and dedicated efforts of our fire and emergency services personnel by
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lowering American flags on all buildings to half-staff. The City Council encourages appropriate services and
ceremonies in which all of our citizens may participate to honor fire and emergency services personnel, past
and present, who, by their faithful and loyal devotion to duty, have rendered invaluable service to our
community and its citizens."
Mayor Boro thanked Fire Captain Rogerson and presented him with the Resolution.
Thanking Mayor Boro and the City Council, Captain Rogerson reported that last year several Fire Department
members travelled to Colorado Springs for the placing of deceased firefighter Michael McCusker's name on the
memorial wall. He noted the California Firefighter Memorial was located on the East Lawn of the Capital
Building in Sacramento.
15. PRESENTATION OF RESOLUTION DECLARING OCTOBER 3-9 NATIONAL FIRE PREVENTION WEEK
(FD) — FILE 102 x 9-3-31
Mayor Boro read from the Resolution declaring October 3-9, 2010 National Fire Prevention Week:
"Whereas, the week of October 3-9, 2010 has been designated as Fire Prevention Week by the National Fire
Protection Association and the International Association of Fire Chiefs; and
Whereas, the City of San Rafael is committed to ensuring the safety and security of all those living in and
visiting our City; and
Whereas, roughly two-thirds of home fire deaths result from fires in which no smoke alarms or no working
smoke alarms are present; and
Whereas, informing the public about the importance of smoke alarm installation and maintenance serves as an
essential step toward increasing the public's safety from home fires; and
Whereas, the City's first responders are dedicated to reducing the occurrence of home fires and home fire
deaths and injuries through prevention and proper education; and
Whereas, the October 3-9, 2010 Fire Prevention Week theme, "Smoke Alarms: A Sound You Can Live With!"
actively works to motivate City residents to implement smoke alarm recommendations in their homes.
Now, therefore, be it resolved, that the Mayor and City Council of the City of San Rafael hereby recognize
October 3-9, 2010 as Fire Prevention Week throughout the City, and urge all citizens to protect their homes and
families by heeding the potentially life-saving messages of Fire Prevention Week 2010 and ensuring their
smoke detectors are working properly."
Mayor Boro presented the Resolution to Deputy Fire Marshal, John Lippitt.
Deputy Fire Marshal Lippitt thanked Mayor Boro and the City Council and urged everyone to check batteries in
smoke alarms and to assist elderly and special needs neighbors in ensuring their smoke alarms were operating
satisfactorily.
Mayor Boro thanked the members of the Fire Department in attendance.
PUBLIC HEARING:
16. 50 ACACIA AVENUE (GUBERNATORIAL DEBATE AT DOMINICAN UNIVERSITY) - REQUEST FOR A
SPECIAL USE PERMIT TO ALLOW A ONE -DAY EVENT ON OCTOBER 12, 2010 AT DOMINICAN
UNIVERSITY FOR A GUBERNATORIAL DEBATE TO INCLUDE REQUESTS FOR TEMPORARY CLOSURE
OF CITY STREETS (CD) — FILE 10-5 x 9-3-30
Mayor Boro declared the public hearing opened.
City Manager Ken Nordhoff reported that staff, led by Police Lieutenant Raffaello Pata, with assistance from
Principal Planner Raffi Boloyan and Assistant Public Works Director Nader Mansourian, had been working with
Dominican University for several weeks on the planning aspects of this unique and historic Gubernatorial
Debate event being sponsored by the university.
Mr. Boloyan reported that Dominican University had been selected to host one of three state gubernatorial
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debates on October 12 from 6:30 p.m. — 8:00 p.m. in Angelico Hall, Acacia Avenue. Doors would open at 4:00
p.m., and the event would be televised nationally on NBC. 775 pre -ticketed and pre -credentialed guests would
attend and 200 staff and media were anticipated to work the event. A satellite viewing location for students
would be provided at the campus cafeteria and the university proposed to suspend classes at noon on October
12 to reduce congestion in the area. Media and broadcast set up, etc. would occur a few days before and after
the event.
Mr. Boloyan reported that in the late 1990s, the City approved a Master Plan for the university, part of which
included a condition requiring that the university develop an Events Management Plan (EMP) to govern
university and non -university specials events. The EMP, developed by the university, was reviewed and
recommended by neighbors, and ultimately approved by the City Council and had been in place for twelve
years. Events within the scope of parameters of the Events Management Plan could occur without City review
or permitting. The EMP makes exceptions for special non-recurring, one-time events to be outside the bounds
of the established EMP, subject to obtaining a special use permit from the City of San Rafael. The proposed
debate would comply with most provisions of the EMP, particularly the maximum attendance limits established
for university events, together with parking requirements. The two areas of inconsistency necessitating the use
permit are:
Hours of Operation - Although the debate itself would occur within the established hours of operation of 8 a.m.
and 11 p.m., certain facets of the network and media broadcasts would occur outside those hours, i.e., live
broadcasts were anticipated at 3 a.m. the day of the event in order to reach east coast morning news
programs.
Noise - The EMP establishes noise limits consistent with the City's noise ordinance and as media and satellite
trucks and their associated generators parked along Olive and Acacia Avenues, across from residential
properties, could exceed these noise limits, the university wanted to secure that request.
Mr. Boloyan reported that the university had been working with the affected neighbors over the past few months
and would continue to do so leading up to the event to ensure potential issues from these impacts were
addressed.
Emphasizing that this was a university event with the university having the primary responsibility of planning
and management, Mr. Boloyan reported that staff had been working with university staff to ensure the event's
success while also ensuring the safety and efficient movement of surrounding residents and the public. The
City team, led by Lieutenant Pata, with assistance from members of the Public Works, Police, Fire, Emergency
Services and Events Planning departments, coordinated with the university to evaluate all facets of the event.
Security— Mr. Boloyan reported that security for the event would be provided by the university's private
security firm, Barbier Security, who had been working closely with and regularly meeting with the Police
Department over the past few months. The Police Department would provide a team of officers and support
personnel to back up the private security firm; however, the final security plan would remain under development
until the evening of the event. Mr. Boloyan reported that Police Department personnel would consult with
security personnel at UC Davis this week and attend a debate at UC Davis on Tuesday, September 28, 2010 to
gain first-hand knowledge of potential issues. Commenting that the biggest unknown was the number of
demonstrators, Mr. Boloyan stated that the university and San Rafael Police Department had reached out to
potential groups in an effort to assess the numbers that potentially could attend and visiting the UC Davis event
would provide a good insight as to what could be expected in San Rafael.
Street Closures - Mr. Boloyan reported that the university in their application requested the closure of two
streets, identified on a map as Olive Avenue, and Acacia Avenue from Grand Avenue to Magnolia (a portion of
Acacia was private and did not require City authorization for closure). Street closures would commence at 8:00
p.m. on October 10 through 6:00 a.m. on October 13, 2010 to accommodate the venue as well as media trucks
and equipment; however, residents on both streets would continue to have access to their homes. Staff found
this request acceptable and appropriate for this type of event.
Mr. Boloyan reported that in addition to the applicant's request to close two streets staff recommended that
Grand Avenue be designated restricted access on October 12 from 2:00 p.m. to midnight — identified on a map
as Grand Avenue, between Jewell and Linden Lane. The recommendation was to restrict vehicles only on
Grand Avenue, solely through -traffic, and would not affect residents, their guests, ticketed guests or event staff.
Noting the staff report outlined the reasons for the recommendation in detail, Mr. Boloyan explained that
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although it was a university -sponsored event, San Rafael was a partner and desired a successful event
balanced with the needs for the safety of the City as a whole. Staff needed to ensure that adequate plans were
in place to guarantee a smooth event with minimal impact on the rest of San Rafael. Mr. Boloyan stated that
although the City had had numerous events with greater numbers of attendees or high-profile speakers, this
event was unique in that it was a statewide gubernatorial debate associated with an upcoming election, and
with many issues at stake that could draw a great number of supporters and demonstrators. This, coupled with
the fact that the event would occur during primary commute hours was a reason for the recommendation. He
explained that it would reduce the potential conflict at the intersection of Grand and Acacia Avenues between
event guests, vehicles and demonstrators and the unknown number of demonstrators and uninvited guests
made it prudent to plan ahead. Mr. Boloyan explained that it would also minimize parking intrusions into the
residential neighborhoods surrounding the campus noted for narrow streets and believed the likely location of
demonstrators would be Grand and Acacia Avenues.
In conclusion, Mr. Boloyan stated that as the event drew nearer more information would become available and
it could be found that the street restriction might not be necessary or could be implemented for a shorter
duration. As street closures require City Council authorization staff believed it prudent to get the pieces in
place ahead of time and plan accordingly. Mr. Boloyan stated staff recommended approval of the special use
permit and street closures. Conditions of Approval incorporated in the draft resolution addressed many aspects
the university would need to attend to prior to the event, such as final security and traffic plans, installation of
electronic messaging boards, etc.
Councilmember Levine recalled that US Senate candidate Carly Fiorina spoke recently at the Mill Valley
Community Center and a busload of nurses attended to demonstrate who were offloaded in front of the venue,
and he inquired where those arriving in busses would be loaded and unloaded.
Lt. Pata reported that staff was working through finishing details of the traffic and security plans with Barbier
Security. Believing demonstrators would attend, he indicated the proposal was to restrict access in the area of
Jewell and Grand Avenues and lanes would be converted so as not to impede permitted traffic; however, final
details had yet to be worked out.
Mayor Boro clarified that, should a bus load of people arrive, they would disembark prior to entering Grand
Avenue and walk on campus; designated areas would be available for those wishing to demonstrate.
Lt. Pata explained that there would be some access to Grand Avenue; however, busses would be stopped prior
to the campus and passengers would be required to walk from that location.
Indicating that Mr. Boloyan could identify on the map where demonstrators would be staged, Mr. Nordhoff
clarified that the intention was to locate them on the northwest corner. He explained that part of the vehicular
restriction on Grand Avenue was also to remove some parking to ensure sufficient access for emergency
vehicles, and with crowd sizes unknown, to create capacity as needed to stage various groups.
Mayor Boro clarified that parking would be located on the university lot, behind Conlon Recreation Center.
Mr. Nordhoff confirmed for Councilmember Heller that the blue area on the map identified restricted parking
areas.
Noting a large swath of Grand Avenue was involved, Councilmember Connolly requested clarification.
Mr. Mansourian explained that issues staff looked into were the capacity and need for a number of lanes,
together with areas for staging emergency vehicles, loading and unloading passengers or ADA parking spaces.
He indicated that parking restrictions would begin at Watt Avenue and extend to Mountain View Avenue. As Lt.
Pata saw fit, more parking could be opened up or further restrictions imposed as needed.
Mr. Nordhoff added that those control points would also help, from a neighborhood perspective, those wishing
to enter through the back way. The university had specific plans concerning bringing in VIPs, guests and the
debating candidates.
Maureen Keefe, Dominican University, noting letters had been submitted from interested parties, distributed
two additional letters to the City Council opposing the closure of Grand Avenue. Indicating that university staff
had worked since June, 2010 with San Rafael Police and Fire, she reported that it was not until September that
they were informed of the closure of Grand Avenue, which was a complete surprise. Commenting that the
safety and security of those attending was their paramount concern, Ms. Keefe stated that significantly fewer
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people would be on campus that evening and the fifty-four security personnel — Barbier Security and San
Rafael Police Officers - whose task it would be to ensure the safety of attendees, resulted in a 1:18 ratio of
security personnel to attendees. From the university's perception, Ms. Keefe stated this was just moving the
perceived safety issue from Grand and Acacia Avenues to Jewell and Grand Avenues, because the majority
would access the event from the south end. With regard to passengers alighting from busses at Jewell and
Grand Avenues, she expressed concern that this could back cars up, some of which could contain the
candidates, or other VIPs.
Commenting on the importance of Dominican University and San Rafael be seen as welcoming and facilitating
voters' access to information, Ms. Keefe stated this was the premier debate, the last of the election season,
with Tom Brokaw as moderator. Comparing this debate to that to be held at UC Davis was inaccurate as the
UC Davis venue, accommodating 900, had allowed each candidate's team 150 seats, whereas Dominican had
limited campaign team tickets to ten each. Each campaign had indicated they were not making this event a
supporter rally, rather a high -integrity debate. While protesters were anticipated, Ms. Keefe expressed the
hope that Dominican University could involve a community organizer to communicate with protester groups to
explain parking locations, etc.
Ms. Keefe requested that the City Council consider pursuing an urgency ordinance which would require
protesters to register prior to the event. This would provide significant additional information which would
alleviate many concerns. Ms. Keefe stated it was her understanding that an urgency ordinance could be
passed in time for the October 12 debate.
Councilmember Brockbank questioned the constitutionality of pre -registering protesters.
Ms. Keefe stated it was required in San Francisco.
City Attorney Robert Epstein explained that even if such an ordinance were to be adopted, whether urgency
findings could be made would have to be determined at a later meeting. The question would be whether the
number of people complying with such a new ordinance accurately reflected the potential number of protesters
and he was unsure whether it would. The Police Department indicated they were visiting UC Davis not
necessarily to evaluate the number of persons attending the event, rather to attempt to evaluate the number of
people who might protest. Mr. Epstein indicated it was constitutional to have such an ordinance and to have a
specific place where protesters were directed to be and also to require people to register for a permit. Chapter
5.70 of the San Rafael Municipal Code concerning permit requirements that related to assemblies and parades,
etc., could potentially be relevant in this instance. Mr. Epstein stated that staff would be happy to work on such
an ordinance if so directed.
Mayor Boro stated he did not think such an ordinance would be practical.
Disagreeing with the City's explanation that the extensive Grand Avenue street closure would prevent parking
in smaller, residential streets, Jennifer Hute, Safety Consultant, Dominican University, stated they believed the
closure would move the problem into the streets rather than the campus.
Ms. Hute explained that the university was not suggesting the permitting of protestors to discourage
demonstrations, rather they considered this an opportunity to showcase not only Dominican University, but the
democratic process. Turning away those not ticketed at Grand and Jewell Avenues would discourage
demonstrators as those without tickets or proof of residency would be turned away.
Mayor Boro clarified that, while vehicles would be turned away, passengers could enter the campus. He
understood campus parking would accommodate guests and faculty; however, additional parking was not
necessarily available on campus. Unloading bus passengers on Grand Avenue in front of the Dominican
Sisters' residence would block the street.
Ms. Hute commented that closing the street would just move the problem away from the campus, not solve it.
Regarding a potential problem, Mayor Boro stated that the Police Department should be looked to to help
decide the best remedy for the entire community. Grand Avenue would not be closed - access would be limited
to the campus. Ticket holders, neighbors and anyone wishing to walk on the site would not be prohibited and
space would be provided for anticipated demonstrators. There was a limit to the amount of cars that could be
accommodated on the site while maintaining open access.
Councilmember Heller inquired as to where demonstrators would be located.
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Ms. Keefe indicated the university was still identifying appropriate locations for demonstrators on campus.
Different options were available, the logistics of which had yet to be determined.
Stating she was familiar with the university campus, Councilmember Heller indicated she was not aware of a
place for protesters. The Dominican Sisters would not welcome demonstrators on their property which fronts
the entire street, and Angelico Hall on the corner has a limited front lawn. She inquired whether the gravel lot
behind would be opened.
Ms. Keefe explained that the Director of Facilities determined the gravel lot would not be advisable for safety
reasons.
Polly Elkin, Palm Avenue, Chair of the Dominican Advisory Committee, stated they worked with Dominican
University on the Events Management Plan and other general issues. Confirming she had submitted a letter,
Ms. Elkin stated that the temporary street closure of Grand Avenue was probably not well thought out.
Watching other events that occur at the university, she reported that a back-up occurs when the street is not
closed; therefore, backing traffic up into the gridlock that would occur around United Market at Second and
Third Streets would be ugly. Indicating she would like to meet with some of the event planners, she stated she
was very familiar with traffic issues in this area and expressed the hope that the City Council would reconsider
the entire closure of Grand Avenue.
Don Dickenson, Dominican neighborhood resident, stated that an important part of the Dominican Master Plan
was the Event Management Plan, which required the special use permit under consideration this evening.
Recommending approval of the special use permit he believed the event would add prestige to both the City of
San Rafael and Dominican University. University staff, particularly Ms. Keefe, had worked closely with
neighbors for months explaining the plans, which had evolved a lot. He noted the first proposal allowed for 800
attendees in Angelico Hall and 2,000 in Conlon, with busses providing transportation from Marin Center, which
potentially would have created a lot more impact than the current proposal.
Mr. Dickenson stated they were familiar with what the university was requesting and what the City would
require until Friday afternoon. Subsequent to discussions with staff he indicated he understood more the
reason for the recommendation, although the issue had not been discussed with neighbors.
Indicating that perhaps the boundaries were too extensive, Mr. Dickenson stated that through traffic could be
limited at Acacia by stopping pedestrians and allowing cars to go through. He suggested that at the very
minimum, the language in the resolution could be the worse case scenario, and if as a result of further
discussions, reviews and observations a better understanding of potential demonstrators emerged, the
boundaries could be pulled in.
Residing on Jewell, Mr. Dickenson reported that Jewell provides a lot of access to Country Club residents;
however, he was not in favor of closing the street. He encouraged the City Council to approve the special use
permit and perhaps set up a forum with neighbors and staff to obtain additional information.
Nancv Mancias. Co -Chair of the Marin Green Party, stated she was not a fan of the upcoming debate and she
submitted correspondence between the Marin Green Party and Dominican University to the City Clerk.
Ms. Mancias stated the Green Party requested its gubernatorial candidate be included in the debate, together
with a request for a meeting with the University President and a space on campus for a Green Party presence;
however, all requests were denied. Ms. Mancias stated she was encouraged to see that the university was
covering the cost of the police and fire services during the debate, and did not believe San Rafael or Marin
County taxpayers should pay for an undemocratic and unwelcoming debate, which excluded third -party
candidates. The Green Party would continue to work with the Police Department to hold a peaceful
demonstration outside of the debate.
Jean Moulin, Grand Avenue, inquired as to where demonstrators would be located and whether there would be
adequate policing. While supporting the event she recommended the security of those residing in the
neighborhood be looked into as to date, she did not have a feeling of safety as to where potential
demonstrators would be located.
Roqer Stoll, San Rafael resident, disagreeing with the statement in the staff report that the event would not
harm the general welfare, stated this was an undemocratic exercise which excluded the Peace and Freedom
Party, Libertarian Party, American Independent Party, other parties and independent candidates, including
Laura Wells, Green Party. This narrowed the range of debates and issues discussed and insulated candidates
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and Democratic and Republican parties from real criticism on the distribution of the tax burden, funding for
education, criminal justice and policing issues, etc.
Mr. Stoll stated that the University, NBC and the Democratic and Republican parties were not public
organizations; however, by its approval, the City was putting an official stamp of approval on the event, which
he believed was sanctioning an undemocratic event. Expecting to be one of the protesters, he suggested that
wherever located, they needed to be visible by those entering.
Sister Patricia Boss, Dominican Sisters, speaking in support of the event, indicated she was against closing
Grand Avenue, noting a number of employees would have a difficult time identifying themselves; therefore,
there should be an accommodation for these employees to access the area. She believed the challenge of
accommodating demonstrators was large; however, she was confident the issue would be worked out.
Suzie Pollak, Grand Avenue, stated she was in support of the debate and of all the work the university and City
had done to make it a good event. Residing at the corner of Watt and Grand Avenues, she was subject to the
traffic events at the university brought frequently — all peaceful events, yet making it difficult to get into her
driveway. Encouraging the City to continue evaluating the number of attendees, she indicated she supported
the necessity to close Grand Avenue.
Bill Liskamm, Olive Avenue, commending the University for its planning of the event, stated he supported the
special use permit application; however, he believed closing Grand Avenue would create more problems than it
addressed. The university proposed that residents and their guests would have passes to the area; however,
there were only three houses on Olive and two on Acacia, while many more resided on Palm, Mountain View,
etc. He believed the proposal would create much more impact than the university's plan and requested that the
issue be investigated further.
Jim Geraghty, San Rafael, stated the event was turning out to be the "protesters" and he was disappointed that
Dominican University was not having a democratic debate; however, supported their desire to locate protesters
closer to the event. He inquired as to the type of weapons to be carried by security guards, and indicated he
was more concerned about the safety of protesters and their access to democracy than those going inside with
tickets.
Joan Nelson, San Rafael, stated that the traffic at the other end — Linden, Mountain View and its tributaries,
etc., had not been mentioned.
There being no further comment from the audience, Mayor Boro closed the public hearing.
Lt. Pata stated that the access to Linden Lane would be similar to Grand Avenue. He explained the restriction
was to permit residents and those with tickets to gain access. Protesters would be visible and have a safe
place close to the event. Lt. Pata noted that, at his discretion Grand Avenue could be opened up at any time.
Confirming that Barbier Security guards would not be armed, Lt. Pata stated they were employed by the
university, with whom personal protection should be discussed; however, San Rafael Police Officers would be
there to support them.
Councilmember Heller recalled reading that some security guards would be armed. She noted at least forty
security officers were under contract with the university; therefore, she believed residents should not have fears
concerning property and personal safety.
Lt. Pata confirmed he had been assured by Mr. Barbier that there would be no armed security.
Councilmember Brockbank stated it appeared as though it would take an inordinate amount of time to check
drivers' licenses and inquired how this would work.
Lt. Pata explained that more than one access lane would be available; guests of the event would have parking
passes and permits; however, other guests would undergo basic screening
Commenting that the Jewell and Grand Avenues intersection was large, Councilmember Brockbank inquired as
to the extent and timing of signage and how drivers in the restricted areas would be dealt with.
Mr. Mansourian confirmed that message signs would be located at Linden Lane and Mission and Grand
Avenues, which a week prior to the event would indicate the date of the event and direct motorists to use
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alternate routes. Cars inadvertently driving further up Grand could use the intersection at Jewell and Grand to
make a U-turn. The Marin Independent Journal would also be invited to publish information.
Councilmember Brockbank suggested busses move forward slightly of Jewell and Grand Avenues to allow
passengers to disembark and avoid blocking the intersection.
Concurring, Mr. Mansourian stated this was the intention.
Should it appear that protesters would not pose a large problem, Councilmember Brockbank stated he
assumed the police would use discretion regarding street restrictions.
Lt. Pata stated that the UC Davis exercise was to gain intelligence. The campuses were quite different, as
were the events; therefore, staff considered this research on how officers might be deployed. As the Incident
Commander, Lt. Pata stated it was possible that the street could open up completely.
Councilmember Levine noted that there would be a discretionary rather than formal screening process.
Lt. Pata indicated that the private security firm would be conducting screening, with police officers in a
supportive role.
Mayor Boro stated it was his understanding that Dominican University would issue event attendees a special ID
for their dashboard, with discretion being applied to residents.
Lt. Pata clarified that dashboard ID cards would only be issued for those attending the event.
On the question of alternative routes, Mr. Mansourian confirmed for Councilmember Levine that detour signs
would be in place, and with regard to pick-up times at Coleman school, this issue would be monitored.
Councilmember Levine commented that the openness the university was seeking for both the campus and the
event was the hallmark of a democratic society and the correct instinct to have. Recalling the Democratic
debate leading up to the Nevada Caucus in 2008 between the presidential candidates, he reported that the
event started in the late afternoon; however, at 10:00 a.m. the surrounding streets were set up with
demonstrators who conducted visibility wars all day on who could have the biggest sign in front of the camera
and traffic, and be seen. Volunteers were replaced constantly and food was supplied to enable volunteers to
retain the space; however, being close to an airport, residences were not involved. In comparison, an event at
the Indiana University of Pennsylvania with Governor Rendell was somnolent, despite his attendance to speak
on behalf of candidate Obama. He believed these instances were indicators of what could happen and the
need to prepare.
Councilmember Levine noted staff had discretion and was trying to plan as reasonably as possible for unknown
events and be in a position to react as necessary. He considered it reasonable for the City Council to grant that
flexibility rather than staff needing to act without such authority and he respected and appreciated the process
by which staff was seeking this flexibility.
Councilmember Connolly commended Dominican University and Maureen Keefe for their work in putting the
event together. Additionally, he thanked City staff who had put in hundreds of hours in preparation for the
event and he concurred that it was a real opportunity for San Rafael. Expressing concern at the hassle factor to
neighbors, he stated it appeared as though a substantial portion of Grand Avenue would be closed. While
conscious of the rationale he concurred with a speaker on curtailing the closure of Grand Avenue should that
be possible based on circumstances. He inquired whether it would be feasible to open Grand Avenue to
Acacia on the south end and Locust on the north end. Aware that security personnel would have discretion
Councilmember Connolly believed that inevitably there would be a hassle factor. He agreed that meaningful
access be afforded to protesters and looked forward to a great event as part of the democratic process.
As a resident, Mayor Boro reported having received a letter this weekend from Ms. Keefe, Dominican
University, discussing the event, including street closures, security and safety, and indicating that university
staff was working closely with the City of San Rafael. He stated that scenarios needed to be planned for and
staff needed to be prepared; however, in the event of no problems other means could be utilized. The issue of
protecting property needed to be addressed and he believed Grand Avenue was the best place for
demonstrators to be visible while not disrupting the event.
As discussed with Dr. Fink, University President, Mayor Boro emphasized that the street would not be closed
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rather access would be limited in a controlled manner. Understanding Dr. Fink's concern Mayor Boro stated
staff would ensure that neighbors and guests would not be held up - pedestrians could walk onto campus;
however, everyone needed to be prepared for eventualities. Noting lots of events, including graduations, etc.
take place at Dominican University, Mayor Boro stated this was different in that it could be somewhat
contentious. Those wishing to register concerns would use this event as an opportunity, and while that
opportunity should be afforded, the safely of those in attendance and of the entire community of San Rafael
was of paramount importance.
Indicating he supported adoption of the resolution, Mayor Boro stated City staff would be working with Ms.
Keefe and her staff over the next two weeks on finalizing some issues. Concurring with Councilmember
Levine, Mayor Boro stated City staff was to be congratulated for taking the time to work with the applicant and
for affording the City Council the opportunity to discuss the issue. Primarily the City Council was in support of
staff and looked to Lt. Pata and Chief of Police Odetto for continued monitoring. He favored multiple lanes on
Grand Avenue to expedite traffic flow, and confirmed that attendees needed to be seated in the auditorium by
5:30 p.m. He recognized the obligation to allow neighbors access to and from their homes
Mayor Boro welcomed those wishing to attend.
Mr. Nordhoff stated that at Mr. Dickenson's suggestion Mr. Boloyan had committed to staff's having additional
dialogue with the neighborhood to better understand the traffic circulation issues.
Mayor Boro commented that this would be in addition to observing the UC Davis event and continuing to work
with event planners at Dominican University. Staff to present a status report at the City Council meeting on
October 4, 2010.
Councilmember Connolly moved and Councilmember Levine seconded, to adopt the resolution
RESOLUTION NO. 13061 — RESOLUTION APPROVING A SPECIAL USE PERMIT TO ALLOW A ONE -
DAY EVENT ON OCTOBER 12, 2010 AT DOMINICAN UNIVERSITY (50
ACACIA ST) FOR A GUBERNATORIAL DEBATE. THE SPECIAL USE
PERMIT INCLUDES REQUESTS FOR TEMPORARY CLOSURE OF CITY
STREETS (APN'S: 015-142-02, 04, 015-121-10 & 015-161-01)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
OTHER AGENDA ITEMS:
17. CONSIDERATION OF RESOLUTION APPROVING A PERMIT AND NOISE ORDINANCE EXCEPTION TO
THE SOUND PERFORMANCE 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, OCTOBER 2, 2010 (CD) — FILE 9-10-6 x 9-3-85
Associate Planner Caron Parker reported that she had been reviewing the second Andy's Summer Fest project
which last year received no complaints. She explained that the event included a daytime festival and evening
concert and the only change from last year was 200 less parking spaces, 150 of which resulted from a
surcharge project to pile dirt on the site for the upcoming Loch Lomond development
With an estimated attendance of 1,000, Ms. Parker reported that many spaces were not used last year and the
overflow parking planned for San Pedro School was not needed. However, staff requested Conditions of
Approval Nos. 4, 5 and 6 be included in the resolution to help address any problems that could arise.
Mark Piersante, applicant, thanked the City Council for approval of this great event last year which raised
approximately $120,000 with no issues. Regarding the loss of parking, he reported that a lot of people walked
last year and he felt confident it would not be a problem this year. Similar Police Department arrangements
would be in place this year — two officers during the day and two in the evening.
Having attended the daytime festival last year, Councilmember Heller stated it was a wonderful event and she
believed neighbors were willing to accept the noise levels for a day, as the event benefitted schools.
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Mr. Piersante encouraged the City Council to attend the event and expressed appreciation for Ms. Parker's
assistance.
Councilmember Heller moved and Councilmember Levine seconded, to adopt the resolution:
RESOLUTION NO. 13062 — RESOLUTION APPROVING A NOISE ORDINANCE EXCEPTION TO THE
SOUND PERFORMANCE TIME LIMITS AND A PERMIT TO ALLOW ANDY'S
MARKET TO HOLD A ONE -DAY FESTIVAL AND MUSIC CONCERT ON
SATURDAY, OCTOBER 2, 2010, AT 688 POINT SAN PEDRO ROAD,
APNs: 016-070-02,03,04,05 (LOCH LOMOND MARINA)
AYES: COUNCILMEMBERS: Brockbank, Connolly, Heller, Levine & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
CITY MANAGER'S REPORT:
18. Pacific Gas & Electric: - File 9-3-11 x 9-1
City Manager Ken Nordhoff stated that in light of the San Bruno events PG&E had been conducting follow up
and reaching out to communities to discuss safety, security and disaster response related to gas pipeline
safety. Referring to the report released today by PG&E, copies of which had been submitted to the City
Council, Mr. Nordhoff reported that it identified a list of 100 sites, which were part of a proactive maintenance
risk management assessment — Lindaro Street near Albert Park Lane was listed as No. 22; however, he was
unsure why this site specifically was listed.
Mr. Nordhoff reported that he and several City department representatives would meet with PG&E
representatives on October 4 to discuss more extensively the various gas lines throughout the City and
specific plans on how PG&E's preparedness and response would integrate with San Rafael's. Subsequent to
this meeting, staff would report to the City Council.
Expressing thanks to Mr. Nordhoff for pursuing this issue, Mayor Boro stated that, should such a site exist in
San Rafael, it should be monitored and corrected if necessary.
COUNCILMEMBER REPORTS / REQUESTS FOR FUTURE AGENDA ITEMS: (including AB 1234 Reports on
Meetings and Conferences Attended at City Expense)
19. Central Marin Sanitation Aaencv Meetings (CMSA): - File 9-1
Having attended recent CMSA meetings as alternate, Councilmember Levine reported that the Agency had
received the National Association of Clean Water Agencies Platinum Peak Performance Award (CMSA was in
the top 2% of water treatment centers nationally) and the Doctor Teng-Chung Wu Award for public education.
Leaque of California Cities Annual Conference: - File 9-1
Reporting on his attendance at the League of California Cities Annual Conference, Councilmember Levine
complimented Councilmember Brockbank for his presentation regarding the Beacon Award, noting San Rafael
was the first city in California eligible for this award.
Subsequent to his nomination as Second Vice -President of the North Bay Division of the League of California
Cities recently, Councilmember Brockbank reported he was elected and hoped to be elected President in the
future.
Councilmember Brockbank reported that the Keynote Speaker for the General Session was cancelled this year
in anticipation of a lengthy discussion on a resolution to request the Governor to hold off on implementing AB
32 and SB 375, which resulted in support for both bills by a 60:40 margin.
Councilmember Brockbank distributed material received at the Conference to:
• Bob Brown, Community Development Director — resolution on supporting extended producer
responsibilities, home energy audits, electric cars and sustainable purchasing;
• Nader Mansourian, Assistant Public Works Director; and
• Esther Beirne, City Clerk - information on a web streaming solution, healthy living for cities and towns
and ethics training.
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Proposition 22: - File 9-1 x 116
Councilmember Brockbank reported that he was invited to speak on Tuesday evening, September 14, at the
Potrero Hill Democratic Club in support of Proposition 22.
Marin Transit Agencv (MTS): - File 9-1 x 143
Reporting on today's MTA meeting, Councilmember Heller reported that bus pass sales were increasing - 15.6
million trips were undertaken in five years, with 3.2 million riders annually. Paratransit grew from 91,000 in May,
2006 to approximately 105,000 trips currently, and seven Hybrid vehicles were purchased recently. She noted
Paul Branson, Mobility Management Director, was working with senior groups in Marin County explaining how
to use transit. Councilmember Heller reported that going forward, city members could become Chair, a position
that to date had been held by a Marin County Supervisor.
Golden Gate Bridqe. Hiqhwav & Transportation District: - File 9-1 x 112-2
Having attended the International Bridge, Toll and Tunnel Turnpike Association conference representing the
Golden Gate Bridge District, Mayor Boro reported that the key word was "interoperability" meaning FasTrak
passes would work anywhere in the US and Europe when using toll roads.
Sonoma -Marin Area Rail Transit (SMART): - File 9-1 x 245
Mayor Boro reported that bids for cars for SMART came in under budget.
Future Discussion Item — Smart Meters: - File
Councilmember Connolly proposed a study session be scheduled to discuss Smart Meters.
Councilmember Connolly stated that his Marin Energy Authority Committee was evaluating the situation and
would be meeting with PG&E; however, it appeared that a significant number of San Rafael residents would
like to receive information, noting other cities were having discussions on the issue.
City Attorney Robert Epstein reported that at last Tuesday's San Anselmo Town Council meeting, staff was
directed to generate a Moratorium Ordinance. Fairfax Councilmember Bragman made an extensive
presentation to the San Anselmo Town Council focused primarily on privacy concerns and what he described
as corporate tentacles in homes to monitor usage of appliances, etc., and that that information could be made
available and hackable. Mayor Thornton and two Councilmembers voted to instruct that the moratorium
ordinance be returned to Council, and among them, there was repeated discussion concerning the issue of
privacy, with reference made to health issues.
Councilmember Brockbank inquired whether it was permissible to have a moratorium on Smart Meters.
Questioning the wisdom of scheduling the issue for a study session, he stated that 90% of times he would
agree with such a study session; however, he did not favor one on this occasion. He believed it was a choice
between getting beat up a little by a few people for not scheduling a study session versus getting beat up by a
lot of people for having such a study session and not being able to do anything.
Mr. Epstein stated he believed the status before the PUC (Public Utilities Commission) was that the
independent report commissioned was returned. The focus was upon the efficacy of Smart Meters and their
operation and accuracy and that report was supportive of PG&E and the accuracy of Smart Meters. He
believed the PUCs final action and hearing on the City of San Francisco's petition requesting the PUC impose a
moratorium was scheduled for mid-October and there was an expectation, given the outcome of the
independent report, that the PUC would deny San Francisco's request; however, he believed that action had
not yet taken place.
Mr. Epstein reported that the San Anselmo Council was told by Councilmember Bragman that there were a
number of petitions pending at the PUC by interested persons and ratepayers concerned about Smart Meters.
San Rafael residents could be directed to their representatives at the PUC.
Councilmember Connolly stated there were a number of ways San Rafael could take potential action, make
requests or weigh in in addition to the PUC.
Mr. Nordhoff stated that a better sense of background and information could be provided at a staff level in the
form of a weekly memo, with some additional work in the City Attorney's office, since Mr. Epstein was exploring
the issue for a neighboring town. The City Council could consider this information and decide at a future
meeting whether the issue should be returned.
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Mr. Epstein suggested generating a privileged memorandum to the City Council responding to the legality of a
moratorium ordinance. He also suggested further consideration be given to the potential application of the
Telecommunications Ordinance adopted throughout Marin County approximately fourteen years ago and
whether its provisions regarding permit requirements for wireless facilities govern the installations PG&E was
undertaking in connection with Smart Meters.
Mayor Boro stated that if nothing could be done he did not see the value of trying to do something. Other than
those who attended City Council meetings, he had not heard from anyone concerning the issue. He favored
instead putting pressure on PG&E with respect to the imminent threat posed by the gas pipeline identified and
any others in the community.
Councilmember Connolly believed information updates worthwhile; however, he was unsure whether this would
move the ball forward. He believed there were a number of ways to take action, other than declaring a
moratorium and suggested a more formal process of deciding to take action beyond weekly updates.
Councilmember Brockbank stated he could be supportive of a study session in the future and suggested that in
conjunction with the City Attorney's memo on the legality of a moratorium ordinance, the City Manager offer to
provide information on what was happening at the PUC in non -privileged form, including the pros and cons of
timing. This could influence the decision on if and when to schedule a study session.
Councilmember Levine stated the proposals from Mr. Nordhoff and Mr. Epstein as far as providing information
and understanding the legal authority made sense; however, the imminent threat currently was the gas pipeline
and he concurred that pressure should be put on PG&E to address this issue, ensure it was safe and that it
would be repaired in a timely manner. He indicated this was how he would use City Council and staff time,
beyond ascertaining the City's legal rights.
Mr. Nordhoff stated staff would provide the privileged and non -privileged information with sufficient content to
enable the City Council to offer direction.
Councilmember Brockbank indicated he had been contacted by approximately twenty-five people regarding
Smart Meters.
There being no further business, Mayor Boro adjourned the City Council meeting at 10:37 p.m.
ESTHER C. BEIRNE, City Clerk
APPROVED THIS DAY OF 2010
ALBERT J. BORO, Mayor
14 CC 09-20-2010