HomeMy WebLinkAboutCC Minutes 1995-07-17SRCC MINUTES (Regular) 7/17/95 Page 1
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 17, 1995, AT 8:00 PM
Regular Meeting:
San Rafael City Council
Barbara Heller, Councilmember
Gary 0. Phillips, Councilmember
David J. Zappetini, Councilmember
Absent: None
Others Present: Pamela J. Nicolai, City Manager
Gus Guinan, Assistant City Attorney
Jeanne M. Leoncini, City Clerk
OPEN SESSION - 7:00 PM - COUNCIL CHAMBER
Present: Albert J. Boro, Mayor
Paul M. Cohen, Councilmember
Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following
Closed Session items:
CLOSED SESSION AGENDA ITEMS - 7:00 PM - CONFERENCE ROOM 201
Conference with Labor Negotiator (pursuant to Government Code
Section 54957.6)
Negotiator: Suzanne Golt
Employee Organization: San Rafael Firefighters' Association
b. Conference with Legal Counsel - Anticipated Litigation
(Pending Litigation pursuant to Government Code
Section 54956.9(a)):
• Lorraine Loder v. City of Glendale, et al., California Supreme Court
Case No. S043548. (Request for City of San Rafael participation as amicus party).
• Skekou, et al. v City of San Rafael, et al., Marin County Superior
Court Case No. 147042.
The Council then met in Closed Session in Conference Room 201 to discuss the above mentioned items.
IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JULY 17,1995, AT 8:00 PM
OPEN SESSION
Re: CLOSED SESSION ITEMS
a. Mayor Boro announced no reportable action was taken.
b-1. Mayor Boro announced the Council voted 4-1 to approve request for City participation as
amicus party. (Councilmember Cohen dissenting)
b-2. Mayor Boro announced no reportable action was taken.
PLANNING COMMISSION - File 9-2-6
Mayor Boro announced that this evening at a special meeting the City Council interviewed and reappointed Cyr Miller and
appointed James Atchison to four-year terms as members of the Planning Commission.
DESIGN REVIEW BOARD - File 9-2-39
Mayor Boro announced that this evening at a special meeting the City Council interviewed and appointed Andrea Purdy
McLeod to a four-year term as a member of the Design Review Board.
Item 12 was pulled from the Consent Calendar for separate action by Mayor Boro.
Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the following resolutions:
12.a. RESOLUTION OF APPRECIATION FOR EDITH HEIDTKE, SENIOR SECRETARY, PUBLIC WORKS
SRCC MINUTES (Regular) 7/17/95 Page 1
SRCC MINUTES (Regular) 7/17/95 Page 2
DEPARTMENT (PW) - File 102 x 9-3-40
RESOLUTION NO. 9396 - RESOLUTION OF APPRECIATION FOR EDITH HEIDTKE, SENIOR SECRETARY,
PUBLIC WORKS DEPARTMENT
12.b. RESOLUTION OF APPRECIATION FOR DODIE COLLINS, ACCOUNT CLERK II, FINANCE DEPARTMENT (Fin)
- File 102 x 9-3-20
RESOLUTION NO. 9397 - RESOLUTION OF APPRECIATION FOR DODIE COLLINS, ACCOUNT CLERK II,
FINANCE DEPARTMENT.
12.c. RESOLUTION OF APPRECIATION FOR MAKOTO TAKASHINA, FORMER DESIGN REVIEW BOARD MEMBER
(PI) - File 102 x 9-2-39
RESOLUTION NO. 9398 - RESOLUTION OF APPRECIATION FOR MAKOTO TAKASHINA, FORMER DESIGN
REVIEW BOARD MEMBER.
12.d. RESOLUTION OF APPRECIATION FOR LIONEL ASHCROFT, FORMER CULTURAL AFFAIRS COMMISSIONER
(Cult. Aff.) - File 102 x 9-2-24
RESOLUTION NO. 9399 - RESOLUTION OF APPRECIATION FOR LIONEL ASHCROFT, FORMER CULTURAL
AFFAIRS COMMISSIONER.
12.e. RESOLUTION OF APPRECIATION FOR WAYNE LECHNER, FORMER CULTURAL AFFAIRS COMMISSIONER
(Cult. Aff.) - File 102 x 9-2-24
RESOLUTION NO. 9400 - RESOLUTION OF APPRECIATION FOR WAYNE LECHNER, FORMER CULTURAL
AFFAIRS COMMISSIONER.
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
SPECIAL PRESENTATIONS
Cohen, Heller, Phillips, Zappetini & Mayor Boro
None
None
30. PRESENTATION OF RESOLUTIONS OF APPRECIATION TO: a. EDITH HEIDTKE, SENIOR SECRETARY
PUBLIC WORKS DEPARTMENT (PW), b. DODIE COLLINS, ACCOUNT CLERK II, FINANCE DEPARTMENT
(Fin), c. MAKOTO TAKASHINA, FORMER DESIGN REVIEW BOARD MEMBER (PI),
LIONEL ASHCROFT, FORMER CULTURAL AFFAIRS COMMISSIONER (Cult. Aff.), and e. WAYNE LECHNER,
FORMER CULTURAL AFFAIRS COMMISSIONER (Cult. Aff.) -File 102
Mayor Boro presented the Resolutions of Appreciation to Ms. Heidtke, Ms. Collins, Mr. Takashina, Mr Ashcroft and Mr.
Lechner, thanking them all for their efforts.
ORAL COMMUNICATIONS OF AN URGENCY NATURE: - 8:40 PM
Re: Complaint about Pornography Displayed in Newsracks - File 100 x 9-3-16.
Jennifer Glassman, 1586 Sir Francis Drake Blvd.,#7, San Anselmo, requested to address the Council on the matter of
pornographic magazines in the newsstands on Fourth Street. She stated she was concerned that the magazines are displayed at
a height of approximately 3'/2 feet, which is the height of her 2'/2 year old son, and that the magazine in question shows exual acts
between two women on the cover. Ms. Glassman stated that she is aware that pornography is protected under the First
Amendment, and that she has no desire to attempt to ban pornography; however, she also feels that it is a violation of the rights of
privacy. She noted that State laws are already in the process of banning cigarette vending machines because they cater to
minors, and she feels that these magazines also cater to minors in the same way. She stated that the First Amendment does not
allow children access to pornography and, as a matter of fact, the Supreme Court allows broadcasters to air indecent language
only at times that children would not be in the audience to listen to it. Ms. Glassman cited the 1973 Supreme Court case of Miller
vs. the State of California, in which Mr. Miller was guilty of mailing sexually explicit brochures in the mail, and it was decided that
these issues were local in nature, and that communities could hold greater control over obscene books, and movies. Upon
contacting Bob Meyers of the
Los Angeles Code Enforcement, he stated that most cities in California completely cover up the front of the these types of
SRCC MINUTES (Regular) 7/17/95 Page 2
SRCC MINUTES (Regular) 7/17/95 Page 3
magazines, and expressed his surprise that San Rafael did not have similar ordinances. It also surprised Ms. Glassman that Los
Angeles would cover the magazines, as they are famous for their pornography. She stated that she can supervise her children at
home, as to what they watch on television or the music that they listen to, but she feels that she should not have to pick certain
streets to walk down with her children. Ms. Glassman stated she felt that pornography is protected more than women are in our
society, and stated she wonders if this were an issue of racism instead of sexism, if the City would feel the need to protect it under
the First Amendment.
Mayor Boro asked the City Attorney to pursue the issue, and to determine whether the City can ask that the magazines in the
vending machines be covered up. The City Attorney will report back to Council, and Ms. Glassman will be informed of the
findings.
CONSENT CALENDAR
Councilmember Cohen moved and Councilmember Zappetini seconded, to approve the recommended action on the following
Consent Calendar items:
111114,yi
RECOMMENDED ACTION
2. Approval of Minutes of Special Meeting of Approved as submitted.
June 5, 1995 and Regular Meeting of June 19, 1995
(CC)
3. Approval of Joint Powers Authority (JPA) ADOPTED RESOLUTION NO. 9401 -
with County and Cities Re: Major Crimes Task AUTHORIZING THE SIGNING OF AN
Force (CM) - File 4-10-114 AGREEMENT WITH MARIN CITIES AND COUNTY OF MARIN
RE: MAJOR CRIMES TASK FORCE JPA.
6. Resolution Amending Resolution No. 9176 ADOPTED RESOLUTION NO. 9402 -
Pertaining to Compensation for Part -Time, AMENDING RESOLUTION 9176
Temporary, Intermittent and Seasonal WHICH PERTAINS TO COMPENSATION FOR
Workers (Per) - File 7-4 PART-TIME,TEMPORARY, INTERMITTENT
AND SEASONAL WORKERS.
9. Resolution Accepting Grant of Easement for ADOPTED RESOLUTION NO. 9403 -
Construction and Maintenance of Pedestrian RESOLUTION OF THE COUNCIL OF THE
and Bicycle Facility on Parcel B of Baypoint CITY OF SAN RAFAEL ACCEPTING THE
Lagoons Unit One (PW) - File 5-1-292 x GRANT OF EASEMENT FOR CONSTRUCTION
2-2 x 9-3-40 AND MAINTENANCE OF PEDESTRIAN AND BICYCLE
FACILITY, BAYPOINT LAGOONS, SAN RAFAEL.
10. Report on Bid Opening and Award of Contract This Item was removed from the
for Repair and Repaintng of Pickleweed Agenda.
Recreation Center (PW) - File 4-1-476
11. BAYPOINT LAGOONS LANDSCAPING AND LIGHTING a. ADOPTED RESOLUTION NO. 9404 -
DISTRICT: (PW) - File 6-48 x 5-1-292 RESOLUTION DIRECTING FILING OF
a. Resolution Directing Filing of Engineer's ENGINEER'S ANNUAL REPORT RE:
Annual Report BAYPOINT LAGOONS LANDSCAPING AND
b. Engineer's Annual Report. This is to LIGHTING DISTRICT (PURSUANT TO THE
be filed. LANDSCAPING AND LIGHTING ACT OF
c. Resolution of Intention to Order 1972).
Improvements.
b. Engineer's annual report filed.
C. ADOPTED RESOLUTION NO. 9405 - RESOLUTION OF INTENTION TO ORDER IMPROVEMENTS RE:
BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PURSUANT TO THE LANDSCAPING AND
LIGHTING ACT OF 1972) (AND SETTING PUBLIC HEARING FOR 8/7/95).
13. Resolution Approving Two 1995-96 Latchkey ADOPTED RESOLUTION NO. 9406 -
Agreements with State of California RESOLUTION APPROVING TWO 1995/96
Department of Education: (Rec) "LATCHKEY" AGREEMENTS WITH THE STATE
- File 4-10-238 x 9-3-65 OF CALIFORNIA DEPARTMENT OF
a. CD 4853 Scholarship Funds for Child Care EDUCATION.
SRCC MINUTES (Regular) 7/17/95 Page 3
Services for $74,290;
b. AB 2184 Reimbursement for AFDC Tracking
Procedures - $1,104.00
14. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1678 - An Ordinance of the No. 1678.
City of San Rafael Amending the Zoning Map
of the City of San Rafael, California,
Adopted by Reference by Section 14.01.020
of the Municipal Code, so as to Reclassify
Certain Real Property From HR1 (Hillside
Residential, 1 Acre Minimum) to the PD
(Planned Development) District (RE: ZC95-2,
157 Woodland Avenue, San Rafael,
AP NOS. 13-114-19 and -20) (PI)
- File 5-1-326 x 115 x 10-3 x 10-5 x 10-7
15. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1679 - An Ordinance of the
City of San Rafael Approving a Development
Agreement Between 157 Woodland Partners,
Robert W. Copple, Robert Biggs and David
Rosenberg, and The City of San Rafael for
the Development of Ten Townhouse Units and
Two Single Family Lots at 157 Woodland Avenue,
San Rafael, Assessor's Parcel Numbers 13-114-19
and -20 (PI) -File 5-1-326x 115x
10-3 x 10-5 x 10-7
SRCC MINUTES (Regular) 7/17/95 Page 4
Approved Final Adoption of Ordinance
Approved Final Adoption of Ordinance
No. 1679.
16. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1680 - An Ordinance of No. 1680.
City Council of the City of San Rafael
Adding Chapter 9.40 to the San Rafael
Municipal Code, Adopting a Regulatory Fee
to Fund Clean Stormwater Activities (PW)
- File 4-4-6 x 12-9
17. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1681 - An Ordinance Amending No. 1681.
Tile 5 of the San Rafael Municipal Code to
Amend Chapter 5.40 -- Stopping, Standing and
Parking; to Add Section 5.40.140 -- Parking,
Commercial Vehicles and Semitrailers; and to
Repeal Section 5.40.200 (PW)
- File 11-8
18. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1682 - An Ordinance of the No. 1682.
City of San Rafael Amending Ordinance 1665
(Paramedic Service Special Tax) and Setting
the Paramedic Tax Rate Commencing with Fiscal
Year 1995/96 for Residential and Non -Residential
Properties (FD) - File 9-3-31
19. SECOND READING AND FINAL ADOPTION OF
ORDINANCE NO. 1683 - An Ordinance of the
City of San Rafael Levying a Special Tax for
the Property Tax Year 1995/96 and Following
Tax Years on All Taxable Property Within
Community Facilities District No. 1992-1
(Loch Lomond #10) (Fin)
- File 6-50 x 5-1-297
Approved Final Adoption of Ordinance
Approved Final Adoption of Ordinance
Approved Final Adoption of Ordinance
Approved Final Adoption of Ordinance
No. 1683.
SRCC MINUTES (Regular) 7/17/95 Page 4
20. Resolution Denying Appeal of Planning
Commission Adoption of a Negative
Declaration and Approval of an Environ-
mental and Design Review Permit (ED94-88)
for Thirteen New Townhouse Units;
1120 Mission Avenue: AP 11-172-26;
Joseph W. Caramucci, Appellant, WestAmerica
Bank, Owner; Mission Partners, Representatives
(PI) - File 10-7
BANK, OWNER; MISSION PARTNERS,
REPRESENTATIVES.
22. LAFCO Dual Annexation Policy (PI)
- File 149 x 5-2 x 10-2
23. Monthly Investment Report (Fin)
- File 8-18 x 8-9
SRCC MINUTES (Regular) 7/17/95 Page 5
ADOPTED RESOLUTION NO. 9407 -
RESOLUTION DENYING APPEAL OF
PLANNING COMMISSION ADOPTION OF A
NEGATIVE DECLARATION AND APPROVAL OF
AN ENVIRONMENTAL AND DESIGN REVIEW
PERMIT (ED94-88) FOR THIRTEEN NEW
TOWNHOUSE UNITS; 1120 MISSION
AVENUE; AP 11-172-26; JOSEPH
W. CARAMUCCI, APPELLANT; WESTAMERICA
Approved staff recommendation.
Accepted report.
24. Resolution Appropriating All Unappropriated ADOPTED RESOLUTION NO. 9408 -
Revenues for 1994-95 (Fin) - File 8-5 RESOLUTION APPROPRIATING
UNAPPROPRIATED REVENUES AS OF JUNE 30, 1995.
25. Resolution Approving 1995-96 Appropriation ADOPTED RESOLUTION NO. 9409 -
Limit (Fin) - File 8-5 RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT
FOR 1995/96.
27. Resolution Setting the Special Rate Tax for ADOPTED RESOLUTION NO. 9410 -
Year 1995/96 on All Taxable Property Within RESOLUTION SETTING THE SPECIAL
Community Facilities District No. 1992-1 DISTRICT TAX FOR LOCH LOMOND #10
(Loch Lomond #10) (Fin) COMMENCING WITH FISCAL YEAR 1995/96.
- File 6-50 x 5-1-297
28. Resolution Renewing Contract with ADOPTED RESOLUTION NO. 9411 -
David M. Griffith and Associates Ltd. RESOLUTION AUTHORIZING THE SIGNING
(Fin) - File 4-10-270 OF AN AGREEMENT WITH DAVID M. GRIFFITH &
ASSOCIATES FOR PROCESSING MANDATED COSTS.
29. Approval of Renewal of Lease Agreement for ADOPTED RESOLUTION NO. 9412 -
Police Department Satellite Office Space at RESOLUTION AUTHORIZING A LEASE
97 Louise Street (PD) EXTENSION WITH CURRENT VENTURES FOR
- File 2-9-18 x 9-3-30 RENTAL OF THE POLICE DEPARTMENT SATELLITE OFFICE
AT 97D LOUISE STREET.
AYES; COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
The following items were removed from the Consent Calendar for discussion:
20. RESOLUTION DENYING APPEAL OF PLANNING COMMISSION ADOPTION OF A NEGATIVE DECLARATION
AND APPROVAL OF AN ENVIRONMENTAL AND DESIGN REVIEW PERMIT (ED94-88) FOR THIRTEEN NEW
TOWNHOUSE UNITS; 1120 MISSION AVENUE; AP 11-172-26; JOSEPH W. CARAMUCCI, APPELLANT,
WESTAMERICA BANK, OWNER; MISSION PARTNERS, REPRESENTATIVES (PI) - File 10-7
Mayor Boro asked that the record show that Council has received additional conditions this evening, as well as a letter from
the adjoining property owner.
At the recommendation of staff, this item will be reviewed by the Planning Commission when the subdivision matter is
discussed.
4. RESOLUTION DECLARING VOLUNTEER WORKERS AS EMPLOYEES OF THE CITY FOR PURPOSE OF
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WORKERS' COMPENSATION INSURANCE COVERAGE (CM) - File 7-1-31 x 9-6-3
Councilmember Phillips stated it is wonderful that we have volunteers, recognizing the many hours worked by volunteers.
However, he questioned what the cost will be to the City for the additional Workers' Compensation insurance for
the volunteers. Assistant City Manager Suzanne Golt responded there would be no additional cost to the City.
Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution declaring volunteer workers
as employees of the City for purpose of Workers' Compensation insurance coverage.
RESOLUTION NO. 9413 - RESOLUTION DECLARING VOLUNTEER WORKERS AS EMPLOYEES OF THE
CITY FOR PURPOSE OF WORKERS' COMPENSATION INSURANCE COVERAGE
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
Cohen, Heller, Phillips, Zappetini & Mayor Boro
None
None
5. RESOLUTION AMENDING MANAGEMENT AND MID -MANAGEMENT SALARY RESOLUTION NO. 9173 (CM)
- File 7-4
Councilmember Phillips questioned the use of unused sick time in the calculations for retirement benefits, noting the value
of this benefit is given as $11,000, and asking how that figure was determined. Assistant City Manager Suzanne
Golt reported that an actuarial study was conducted by the Marin County Employees' Retirement Association, and
based on actuarial assumptions that are now in place, such as turnover rate, length of service prior to retirement,
and age at retirement, the value of this benefit was placed at $11,000. Mr. Phillips then asked Ms. Golt that since
this was an ongoing program, was she comfortable with the cost, and did she feel that the cost was not likely to
exceed the $11,000 projected in the report. Ms. Golt responded she did not feel that the cost would exceed the
$11,000, and in fact may even be a little generous. She explained the figure was based upon the projection of
retirements each year, and in the management and mid -management ranks this was not something that happens
often each year, so she was very comfortable with the cost projection.
Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the Resolution amending Management and
Mid -Management Salary Resolution No. 9173.
RESOLUTION NO. 9414 - RESOLUTION AMENDING RESOLUTION NO. 9173 PERTAINING TO THE
COMPENSATION AND WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
Cohen, Heller, Phillips, Zappetini & Mayor Boro
None
None
APPROVAL OF SETTLEMENT AGRFEEMENT WITH COUNTY OF MARIN, MARIN COUNTY TRANSIT
DISTRICT AND GOLDEN GATE BRIDGE DISTRICT (RA) - File 4-13-94 x 143 x 112-2 x (SRRA) R-357
Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the following Resolutions:
RESOLUTION NO. 9415 - RESOLUTION APPROVING SETTLEMENT AGREEMENT SETTLING LITIGATION
BETWEEN THE CITY OF SAN RAFAEL, SAN RAFAEL DEVELOPMENT AGENCY, COUNTY OF MARIN,
MARIN COUNTY TRANSIT DISTRICT AND GOLDEN GATE BRIDGE DISTRICT AND PROVIDING FOR
EASEMENTS RELATED TO FORMER NORTHWESTERN PACIFIC RAILROAD MAINLINE RIGHT-OF-WAY IN
CENTRAL SAN RAFAEL.
RESOLUTION NO. 9416 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL RESCINDING
RESOLUTION 8980.
AYES; COUNCILMEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
DISQUALIFIED: COUNCILMEMBERS: Councilmembers Zappetini and Mayor Boro
(due to conflict of interest).
RESOLUTION ACCEPTING PROPOSAL FROM BOOK PUBLISHING COMPANY FOR SUPPLEMENT SERVICE
TO THE MUNICIPAL CODE FOR THREE YEARS (1995-1998) (CC) - File 1-5-1
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SRCC MINUTES (Regular) 7/17/95 Page 7
Councilmember Phillips asked for clarification on exactly what this service provided. City Clerk Jeanne Leoncini reported
that it is the annual supplemental update for the Municipal Code, in which all of the ordinances are codified into the
code. Ms. Leoncini verified the price would be $18.00 per page, and noted that she had obtained three proposals,
and felt that the price was competitive.
Councilmember Phillips moved and Councilmember Zappetini seconded, to adopt the Resolution accepting the proposal
from Book Publishing Company for supplemental service to the Municipal Code for three years (1995-1998).
RESOLUTION NO. 9417 - RESOLUTION AUTHORIZING THE SIGNING OF A PROPOSAL WITH
BOOK PUBLISHING COMPANY FOR SUPPLEMENT SERVICE TO THE SAN RAFAEL MUNICIPAL CODE
(THREE YEAR PERIOD - $18.00 PER PAGE FOR PERIOD FROM 7/1/95 - 6/30/98)
AYES:
COUNCILMEMBERS
NOES:
COUNCILMEMBERS
ABSENT:
COUNCILMEMBERS
Cohen, Heller, Phillips, Zappetini & Mayor Boro
None
None
21. RESOLUTION AMENDING RESOLUTION NO. 9331 ESTABLISHING PRIORITY PROJECTS PROCEDURE (PPP)
IMPLEMENTING SAN RAFAEL GENERAL PLAN 2000 FOR 1995, TO EXTEND TIME FOR PLANNING
COMMISSION AND CITY COUNCIL REVIEW (PI)- File 115 (PPP)
Councilmember Heller asked when the traffic model was scheduled for completion. She also stated that the Resolution
noted that three projects had already met the City's deadline and submitted applications, and asked for clarification
on what these projects were. Principal Planner Jean Hasser reported that the estimated date for the completion of
the traffic model is only a couple of weeks away, and that is the best estimate available at this time. The three
projects are the Daphne/Bacciocco project, which is actually in the County, but because the City waived
annexation, we had an agreement with the County that they would go through our PPP process. They have
submitted a 71 unit project with some office development on the northwest corner of Highway 101 and Lucas Valley
Road, surrounded by Marinwood. Regency II Office Building is the second project, and COSTCO is the third.
Councilmember Cohen stated that we really need to take a hard look at this. He felt that there really are legitimate reasons
to delay until we have all of the facts available, not only the traffic study but also the work that he is doing with staff
and the members of the community on a new look at the Freitas Interchange and possible solutions to problems up
there. He noted that until they have something firm it is going to be very hard to evaluate COSTCO. On the other
hand, he does not believe it is fair to hold up the Daphne application nor the Regency II application, if the Freitas
Interchange data is not needed for those determinations. He noted he had a discussion today with City Manager
Nicolai, and felt that we really need to take a look at that and see whether or not there is a way to move those
forward. He stated we can make a separate determination for projects in the Lucas Valley/Smith Ranch Road
Interchange if it is appropriate to go forward with those. Mr. Cohen asked Ms. Nicolai if staff would be working on
that. Ms. Nicolai stated that staff has been studying this, and if the modeling shows that there are no impacts on
Manuel Freitas, they will be recommending that they separate that component and go ahead since Pell has, in fact,
been through the process, not only with PPP but they have gotten total approval, and normally PPP just lets them in
the gate, so it would be prudent to move forward with the Lucas Valley projects ahead of the other ones.
Councilmember Phillips asked if this action would have any impact on the COSTCO process. Ms. Nicolai noted that this
Resolution has the impact only of lifting the Planning Commission's July 25th PPP hearing date that was specified
in the previous resolution, because they are not ready for the hearings. The date will be extended to six months
from the date of the filing deadline, which basically allows through December to have the PPP hearings. Beyond
that, there is no impact from this Resolution other than extending the time frame. Mr. Phillips asked if this meant
that there would be no action pertaining to COSTCO? Ms. Nicolai responded there would be no action on
COSTCO until the traffic modeling was done, and until they have looked at the alternatives. Councilmember
Phillips stated that the concerns expressed by Councilmember Cohen are legitimate and need to be taken into
consideration. He also stated he was unclear as to whether Ms. Nicolai is saying Council is not going to see
anything regarding COSTCO until after December 15th? Ms. Nicolai replied that the hearing must be held no later
than December 15th, but this is really not likely, given the new scenario at Manuel Freitas and the need to evaluate
that option, which basically has not been part of the modeling or part of the evaluation. This portion of the project
could be delayed significantly, and rather than delay the part out on Lucas Valley because this delay is occurring at
Manuel Freitas, we might proceed with that separately. She noted that it is very unpredictable at this time, and Mr.
Phillips agreed that this is a very valid position to take.
Councilmember Cohen stated he has not reported to Council recently on the Advisory Committee on Freitas, and wanted to
bring Council up-to-date on where they are. He noted that where they have come to at this point complicates
things beyond just the delay in the traffic model. The Committee is meeting on July 25th to consider what looks
SRCC MINUTES (Regular) 7/17/95 Page 7
SRCC MINUTES (Regular) 7/17/95 Page 8
like the preferred alternative for a redesign to Freitas. Unfortunately, both in terms of cost and in terms of phasing,
it is beginning to look as though the project will be both more expensive and more complicated than originally
thought. One of the decisions will be whether or not we want to go for the best long term solution, and how we are
going to make that decision. It may be that the decision will be more complicated, given the choices we have to
face. If we do make the decision based on the best long term solution, it may be years before we can fund it,
phase it in, and get it built. Then the question becomes, should we analyze COSTCO against current conditions,
against some as yet interim condition at Freitas, or against the future design? He stated we do not know any of
those answers yet, because we were not really aware until we got deep into this particular alternative, that these
were going to come up as issues. Mr. Cohen noted he was not sure that the Advisory Committee would even
have a recommendation after the meeting on July 25th, depending on how the Committee responds to the material
presented to them by the consultant. He stated that until we decide how to approach the Freitas issue, we are not
going to know how to analyze the COSTCO decision, noting this is a matter that he has spent a lot of time
discussing with staff, because it has really complicated the issue. He hopes that the Committee will soon be able
to reach the point where they will be able to make a recommendation to the Council on how to approach this.
Councilmember Phillips stated that he was still unsure of what the time frame is on these issues, and noted that if someone
were to ask him "What's happening with COSTCO?", he would not know how to respond. Mayor Boro suggested
responding to such inquiries by saying that the major issue with COSTCO is traffic, that it is being studied, and that
it will be December 15th before we have something to review, possibly sooner, but we have a time frame that says
between now and December 15th we will start to look at the traffic on that side. Mr. Phillips asked for assurance
that December 15th would be the latest that recommendations would be made. Ms. Nicolai responded that the
December 15th date is already an extended deadline, and that part of the problem is that there is a Committee
process going on regarding Manuel Freitas. She stated there are a lot of options to look at, noting we could find
that it is going to be worth another extension, but at this point in time we are giving ourselves six months, which is
generally a significant period from the filing deadline for the people who are trying to get through the PPP process.
There would be issues to be addressed to extend it any further than six months, but it would give the Committee
sufficient time to look at this alternative. This is not just a simple "right/left turn" issue, it is a complete redesign, and
is worth a very serious look before we attempt to proceed without knowing all the variables. Ms. Nicolai estimated
that we are at least several months out before this can all be evaluated.
Councilmember Zappetini asked what the workload is now in the Planning Department and Public Works? Is December
15th realistic, or are we three months out, or can we even tell at this point? Ms. Nicolai responded that she felt it
was not the workload in the Planning Department and Public Works, but rather how the Committee processes and
evaluates the alternatives that will impact the time frame. Mr. Cohen agreed that the Committee work will be the
main factor in how long this takes. He noted that as recently as a month ago the Committee thought they had a
solution to Freitas, and it appeared as though they would be able to phase it in at the end of Merrydale. They did
not think that it would be this complex or have such an impact on COSTCO. The alternate design for Freitas is still
appealing enough that it is worth a look, even though it is more of a long term solution and more costly. The full
Committee will meet on July 25th and will address all of these issues with representatives from CalTrans, Golden
Gate Bridge District, County representatives, City staff, business owners in the area, and members of the
community. After this meeting they will have a better sense of how long the Committee will take.
Mr. Cohen stated he had originally thought that after the meeting on July 25th the Committee would be voting on a
recommendation to bring before the Council, but he is no longer sure that the Committee will be ready to do this
after only one more meeting. Public Works Director David Bernardi added that the goal set by the Council was to
have an alternative picked just about this time of the year. The alternative has been picked, but it may not be the
most realistic alternative, so the decisions the Council may need to make are, "Yes, this is a good idea, but what do
we do in the interim? How do we find the money, and how long, ultimately, is it going to take to get this thing
physically on the ground?". The estimate now is that if we started today, it might be five or six years out before we
actually see this project in the ground, so there are a lot of questions that need to be analyzed, such as what we
are going to do in the interim. Mr. Bernardi felt these were the issues that the Committee is going to have to
explore for recommendation to the Council.
Councilmember Phillips asked if the City had a legal requirement to respond within any period of time on COSTCO's
application. Ms. Hasser reported that the December 15th deadline for the Public Hearing has been discussed with
COSTCO, and they have accepted that time frame. She noted they have not as yet submitted plans for redesign,
so they are very early in their process with the City as far as their application goes. Councilmember Heller asked
Mr. Bernardi for clarification of his five to six year projection, asking if this meant completion of the project, with cars
driving on it, or did he mean just the groundbreaking? Mr. Bernardi stated that to go through the process with
CalTrans and to get the design approved by them, we are looking at five years, at least. He noted that Merrydale
took fourteen years.
Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution amending Resolution No.
9331 establishing priority projects procedure (PPP) implementing San Rafael General Plan 2000 for 1995 to extend
time for Planning Commission and City Council review.
SRCC MINUTES (Regular) 7/17/95 Page 8
SRCC MINUTES (Regular) 7/17/95 Page 9
RESOLUTION NO. 9418 - RESOLUTION AMENDING SECTION 3.0, PRIORITY PROJECT DETERMINATION
PROCEDURE, OF RESOLUTION NO. 9331 ESTABLISHING PRIORITY PROJECTS PROCEDURE
IMPLEMENTING SAN RAFAEL GENERAL PLAN 2000.
AYES: MEMBERS: Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES: MEMBERS: None
ABSENT: MEMBERS: None
26. RESOLUTION ADOPTING 1995-96 CITY BUDGET (Fin) - File 8-5
City Manager Nicolai noted when the budget hearings were held, a worthy but unfunded list of items was presented which
she suggested be revisited at a point in time when the auditors were clear on how the City was going to handle the
sales tax audit issue. She also stated that in the past, there has been $70,000 in the budget for the Public Works
Department to hire summer youth, ten employees in the Streets Division and ten in the Parks Division, to help with
such things as weed removal and mowing, extra use in the parks, as well as cleaning out the storm drains. She
noted there have been a significant number of complaints from the public lately regarding median strips, even
though we continue to work with the neighborhood associations to try to get them to adopt some of these facilities.
Ms. Nicolai requested Council allocate $15,000 - $20,000 to be used to hire youth for the remainder of the summer,
anticipating that when the sales tax issue is addressed, there will be some additional money.
Mayor Boro suggested we alert the two major homeowner groups North and South of the hill that we are about to use this
as seed money, and encouraging them to continue working with us, and hopefully, through their efforts, we would
get double the value. Councilmember Heller remarked that once we decide on the amount and what the use will
be, she would like to see us notify all of the neighborhood associations that we will be doing this, ask for their input
and have them give us their worst case scenarios as to what needs to be done in their neighborhood.
Councilmember Cohen noted they have been in touch with us over the years, and that we have a pretty good list of
things that need to be done.
Councilmember Phillips questioned having $75,000 in the contingency fund, as listed in Finance Director Coleman's memo
to City Manager Nicolai dated July 11, 1995, and asked why the amount was so large. He noted in the third
paragraph of the memo, it mentioned that many of the items listed are on-going, stating the purpose for budgeting
for the coming year is to take into account on-going items, and that a contingency fund is not for on-going items that
are anticipated. Therefore, he has a problem with the amount of $75,000 being set aside for contingency items,
when it includes what he felt should be budgeted items. Ms. Nicolai suggested moving most of the on-going items,
such as MRC, Griffith, and the dues categories, as well as San Quentin, noting most of these could be distributed
back into the departments as on-going contractual arrangements, and those remaining items could be considered
non -departmental contractual accounts, leaving probably a $10,000 or $15,000 remainder as a contingency. She
noted that every contingency expenditure last year was pre -authorized by the City Council. Mr. Phillips suggested
that the Council accept her recommendation. Mayor Boro agreed that the items will be rolled into the appropriate
departmental budgets. Ms. Nicolai stated that in the case of non -departmental items, they will be identified by
category instead of a contingency or unidentified item, as they are basically contractual services accounts.
Councilmember Phillips moved and Councilmember Cohen seconded, to adopt the resolution approving the 1995-96
budget, to include an appropriation of $20,000 to be used for summer employment.
RESOLUTION NO. 9419 - RESOLUTION APPROVING THE BUDGET FOR THE FISCAL YEAR JULY 1, 1995 -
JUNE 30, 1996 AND PROVIDING FOR THE APPROPRIATIONS AND EXPENDITURES OF ALL SUMS SET
FORTH IN SAID BUDGET (IN THE AMOUNT OF $42,265,777). (As amended to Include $20,000 for Summer
Weed Crew).
AYES:
MEMBERS:
Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES:
MEMBERS:
None
ABSENT:
MEMBERS:
None
31. PUBLIC HEARING - BEFORE THE SAN RAFAEL CITY COUNCIL TO CONSIDER A PROPOSED RESOLUTION
AMENDING ITS MASTER FEE SCHEDULE TO INCREASE PLANNING PERMIT APPLICATION FEES (PI) - File
9-10-2 x 10-2 x 10-6
Mayor Boro opened the Public Hearing and reported that staff has requested to continue this item to meeting of August 7,
1995.
Councilmember Cohen moved and Councilmember Heller seconded, that Public Hearing be continued to meeting of August
7, 1995.
SRCC MINUTES (Regular) 7/17/95 Page 9
SRCC MINUTES (Regular) 7/17/95 Page 10
AYES:
COUNCILMEMBERS:
Cohen, Heller, Phillips, Zappetini & Mayor Boro
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS:
None
32. PUBLIC HEARING - TO CONSIDER ADOPTION OF A RESOLUTION SETTING AN ANNUAL FEE PURSUANT
TO SECTION 9.40 OF THE SAN RAFAEL MUNICIPAL CODE (PROPOSED $15.00 ANNUAL FEE FOR
STORMWATER MANAGEMENT PROGRAM) (PW) - File 4-4-6 x 12-9
Mayor Boro opened the Public Hearing and asked for a report from staff.
Public Works Director David Bernardi reported that on June 19, 1995, the City Council adopted an Ordinance which
established the basis for the adoption of a Clean Stormwater Activities Fee. That Ordinance provided that, by
Resolution, Council may adopt a fee that will fund the Federal and State mandated requirements for clean water.
Staff is recommending to Council a fee of $15.00. Mr. Bernardi then reviewed the staff report, detailing what the
$15.00 will raise. He noted that this is an approximate number, based on calculating the fee for all of the cities.
For the City of San Rafael, a fee of $15.00 per parcel will generate approximately $401,000. San Rafael's share of
the program costs, which includes hiring the consultant, paying for the staff, and preparing the public notices, is
$114,000.
Mr. Bernardi reported that we were recently informed by the auditors that the County administration fee, which is shown in
the chart as $2.00 per parcel, has been lowered to $.79 per parcel. Capital improvements for San Rafael represent
$233,000. Staff is suggesting that rather than lowering the fee, they recommend keeping the $15.00 fee, and the
money that would have gone to the County Administration can be used for capital improvements. He stated that
as far as the capital improvements are concerned, the kinds of projects that would be considered would be erosion
control, drainage channel debris removal, pump station modifications, construction of debris traps in existing
systems, and replacement of existing drainage facilities. Mr. Bernardi reported that all of these types of projects
would be consistent with the Federal and State mandates to clean the water. He noted that we have a large number
of storm drains that are made out of corrugated metal pipe, and they are rusting out and water is going out of the
pipe and causing erosion downstream. This would be a way to solve that. Another project would be in a part of
town that was annexed years ago and where there has been no funding to do some of the storm drainage
improvements that relate to retaining walls falling into the creek because of erosion. This project will fund those
improvements as well, certainly within the guidelines of the legislation. Additionally, the State legislation enables
the City to fund other activities as well. Street sweeping is specifically mentioned. In this particular fee there is no
funding for street sweeping, primarily because of the discussion staff had with the Council at the Retreat, with
Council deciding that it did not want to fund anything on existing programs. But, clearly, the legislation allows us to
do this if we wish; or, if you wish to increase the level of service in the street sweeping program, this program could
fund that. An example of that would be in the Canal area where you have parking restrictions. This would be a
very effective way if the Council wanted to expand it; this program could fund that.
Mr. Bernardi stated this fee is being considered by most Marin County cities, noting he had originally stated that all cities
were considering it, but a couple are not. City Manager Nicolai stated that the Managers Group was in support of
this program. She noted some of the jurisdictions, such as Belvedere and Ross, are supporting the program,
however, they are going to pay their share and implement their programs. They already have fairly high parcel
assessments for capital improvements on their units, so they are not adding the $15.00 as we are, they are just
going to fund it out of the existing assessments they have already per parcel. San Anselmo is going to fund it out
of the tax recently passed in that City, which is directed for capital improvements.
Councilmember Zappetini asked if it was correct that the first thing we have to do after beginning the program is to hire the
consultant, who then does the testing and then recommends to us what we need to do for the correction? Mr.
Bernardi replied that basically the consultant prepares a technical report, a copy of which is attached to the current
staff report. The technical report lists many of the items that the consultant would be doing, and it is more along
the lines of identifying programs that the cities could become involved with. Public education is a big component of
this, such as residential outreach, working with the schools, having an advertising campaign, and working with the
other Bay Area counties to develop a region -wide advertising program to educate the public on the benefits of not
throwing oil in catch basins and that type of thing. These are the main types of things that the consultant is going
to do. Mr. Bernardi stated that capital improvements are going to be handled by staff. Mr. Zappetini summarized
that the consultant would recommend to the city what needs to be done as far as alerting the public and testing the
water in certain areas, and then it will be up to the city to make the corrections. Mr. Bernardi responded that Mr.
Zappetini is correct, and that once the report is completed and we have a five year plan, it will be up to each
individual city to implement that part of the five year plan specific to their city. Mr. Bernardi noted that we have
already been in the program for two years, and now the Regional Board is requiring us to establish a five year
program. Once the Board accepts the five year program, which should probably be next September, we will then
be responsible for implementing the plan, so there will be a delay of approximately nine months before we have to
SRCC MINUTES (Regular) 7/17/95 Page 10
SRCC MINUTES (Regular) 7/17/95 Page 11
actually do anything.
Mr. Zappetini asked if an RFP process was used when selecting a consultant, and Mr. Bernardi replied affirmatively. Mr.
Bernardi explained that the Street Light Joint Powers Authority is the agency that is regulating this program. San
Rafael is the focal point for Marin County, so we are regulating it for the JPA. The JPA Board is the one
authorizing the consultant, and in the past proposals have been solicited and brought to the JPA Board and the
Board has selected a consultant. We do not anticipate changing the consultant at this point in time. The JPA
Board believes that this particular consultant is familiar with the desires of the Regional Board, in fact the principals
of the Board are former members of the Regional Board staff, so they understand what the Regional Board wants
to do. Ms. Nicolai explained that this is what we are doing in participation with the whole county, noting Steve
Zeiger, who works in Mr. Bernardi's department, is doing this on behalf of the whole county. His position is being
jointly funded by the funds that go to the countywide program, and he is the one who is working with the consultant
and the other agencies to diminish the overlap, and making the posters, and working with the JPA on household
hazardous waste with Dee Johnson's office (County) to establish joint funding on pollution and hazardous material
public education campaigns. He coordinates the studies. The basic program and the liability when we are
involved in these joint programs comes back to the individual jurisdiction. The rest of the program, which is not
being done countywide, is our responsibility to implement, such as the capital improvements or the street sweeping
or anything that we can actually do in our jurisdiction to improve the stormwater.
Mayor Boro asked if there were any members of the audience who wished to address this item.
Mr. Ray Swanson, San Rafael resident, asked how long the project is going to last, and if it going to be completed at the
end of five years. Mr. Bernardi responded that the project will probably go on indefinitely. Mr. Swanson stated
that he felt this is another bureaucratic view. Ms. Nicolai stated that this was another mandated program with
which the city is trying to comply. Mr. Swanson asked if the $15.00 fee could be altered, either upward or
downward, and Ms. Nicolai and Mr. Bernardi responded that this was correct.
Mayor Boro closed the public hearing and brought this matter back to Council for discussion.
Mayor Boro asked Mr. Bernardi if once this is enacted and the fees are collected, will he come before the Council with a
schedule of the capital improvement projects for actual Council review, and will these be related to preventing
further problems as far as the Federal authorities are concerned. Ms. Nicolai asked if we will see an annual
update on what this is costing the entire county? Mr. Bernardi responded that it is his intention to report annually.
Ms. Nicolai noted that the report states this is just a minimum effort, and she is concerned that the rules and
regulations may be made even more strict, and that it could cost us much more than the $141,000. Mr. Bernardi
stated she is correct, and that what we do not want to have happen is to have them issue us an NPDES permit,
because once they issue us a permit there are a myriad of requirements that would be set in motion, and our share
would likely be increased to $500,000, so we want to do everything we can short of getting a permit.
Councilmember Phillips referred to Mr. Bernardi's technical report, citing the statement that "antiquated outlets, drainage,
etc. require excessive maintenance, and replacement components could reduce maintenance costs". Mr. Phillips
asked if this means that there will be reduced maintenance costs over a period of time? Mr. Bernardi responded,
"That is correct, but only to the extent that it meets the goals of this program". For instance, one of the capital
improvement items that he will be bringing before the Council is $140,000 in pump station improvements, and while
technically it is maintenance, it really is a way for our truck to be able to get to the pump station easier so that it can
suck out the sediment and debris that is in the bottom of the pump station. Rather than pump it out into the canal,
we are now going to suck it out with a machine, and in order to do that, the pump station must be modified. He
stated these are the kinds of maintenance improvements that we are going to be doing. Mr. Bernardi noted that to
simply replace a catch basin or to put a new grate in, these types of maintenance would not really be doing
anything that would reduce pollution, so it would not be appropriate to fund that type of maintenance under this
program.
Mr. Phillips then referred to that section of the report which addresses "illicit connections that allow sewage and other
deleterious waste to enter illegally into the storm drain system, other illicit connections such as bypass lines
between storm drains and sanitation sewers that allow stormwater to enter sanitation sewers during the time of
heavy rain, thereby overloading the capacity of the regional sewage treatment plan. All of these illicit connections
need to be eliminated." Mr. Phillips stated that this sounded very serious, and asked how serious the situation is.
Mr. Bernardi responded that the sanitary sewer system has been tremendously upgraded in the last five or six
years, and as a result of that the kind of bypasses that existed in the past have been eliminated. However, as we
go into the storm drains and sewer systems that have been in place for forty or fifty years, the deterioration of the
pipes will allow a cross -connection between the two systems. Where there is a real problem is where the sewer
line is above the storm drain. If the sewer line is leaking, it will get down into the storm drain and then out into the
bay. What we want to do in a situation like that is to smoke test the sewer, and if smoke is seen coming out of the
catch basin, we know that repair is needed. Mr. Phillips asked how serious this problem is for the city. Mr.
Bernardi stated that it is fairly significant, especially in the older sections of town.
SRCC MINUTES (Regular) 7/17/95 Page 11
SRCC MINUTES (Regular) 7/17/95 Page 12
Mr. Bernardi explained that the Redevelopment Agency's Storm Drainage Master Plan, which will be implemented this fiscal
year, will go a long way toward solving some of those problems, but when we get up into the upper reaches of the
systems, they are so deteriorated that we have to get in and replace pipes in order to seal the system. So, in the
city's case, we would be replacing the old corrugated metal storm drain lines with plastic pipe that would be
impervious to rot and would be there for another fifty years. Mr. Phillips asked if this area was addressed in the
capital improvements? Ms. Nicolai responded that it is addressed. She stated that was one of the problems that
we have had when talking about the magnitude of the capital improvements program. One of the things that we
have been working on, particularly in the area of the storm drain system, is that we do not even have it all mapped
or identified. Some of the piped areas which have historically been part of our court cases in the late 70's and
early 80's identified things that we never knew were part of our storm drain system as a municipal responsibility.
She stated that one of the things in the digitized mapping geobased system is inputting data which maps the whole
system so that we can identify the magnitude of the problem we have. She stated that we are not even to the point
yet where we can quantify, so the numbers in the capital improvement program related to the storm drainage
system are only scientific guesses, knowing what we know now.
Mr. Phillips asked if we were talking about a health hazard? Ms. Nicolai stated that at the times we have storms and
overflow systems, it does flow out into the bay, but it is very diluted. She stated that we do testing, as we have to
report every time it occurs. She noted that in one way it is very fortunate that there are such high volumes of water
that it significantly dilutes before it hits the bay, but this is a major problem. Mr. Bernardi explained that the dry
weather flow in the sewer line compared to the wet weather flow is 14 to 1. So in wet weather, it is approximately
14 times more than in dry weather and what you have is a very diluted mixture that is going to the treatment plant,
and ultimately the plant is treating more water than it is sewage in the wintertime. There is a problem of making
sure that the sanitation district facilities are adequate to handle the wet weather flows to make sure that none of it
overflows into the street. Mr. Phillips again commented on his concern about the health hazard, and Mr. Bernardi
stated that to the extent that it is a health problem, it is underground and no one is directly exposed to it, so it is not
as direct a health problem as it could be if a manhole was overflowing in the middle of the street. Mr. Bernardi
further stated that when they do find a potential health problem, they eliminate it right away, and that is what they
will be doing with this program, going out and looking for the problem areas. Mr. Phillips asked if we are
adequately addressing the issue. Mr. Bernardi stated that we are.
Councilmember Heller commented that if our funds were unlimited we could take care of it immediately, but what we are
doing is using the resources we have as a city and trying to take care of all of the programs and problems we have
at once. This is one that is very serious, and they are paying close attention to it. Mr. Phillips wondered whether
we should question the priorities if we have health issues. Mayor Boro stated that he does not feel that this is a
health issue as much as a compliance issue with regard to Federal regulations governing what is put out into the
bay. Ms. Nicolai agreed this is not an imminent health problem where people are going to become ill. She agreed
that this is a significant city problem, but mainly because of the cost to fix it, not from a health hazard standpoint.
She noted that this is one of the issues that Measure K was meant to address.
Ms. Nicolai stated that at some point there needs to be major funding for this problem, and the capital improvements
component will "kill two birds with one stone" because the problems that will be corrected by using these funds are
things that are also affecting siltation in the pipes and drainage into the bay. Some of it is sewage and some of it is
drainage, but all of it is bad, and all of it will be corrected by this. Mr. Phillips asked what was meant by the term
"illicit connections". Mr. Bernardi stated that they have eliminated 99.9% of the bypasses that used to exist in the
sewer system into the storm drain. Those bypasses were eliminated in the smoke testing program in 1973. He
noted that there could be illicit connections to the extent that auto repair facilities are connected to our storm drain
system, and when they steam clean vehicles, that will go into the storm drain system. He stated that these are the
types of things we have to find. Mr. Phillips reiterated that he was concerned with that section of the technical
report that states "Furthermore, there are illicit connections that allow sewage or other deleterious wastes to enter
illegally into the storm drain system." Mr. Bernardi stated the biggest problem is controlling the auto repair facilities
that dump the engine anti -freeze into the catch basin in their parking lots which goes into the storm drain system, or
allowing the oily water from steam cleaning an engine to drain into the system. Central Marin Sanitation Agency
has regulated those as they discharge into the sanitary sewer line. He noted the Council adopted an Ordinance in
January regulating the dumping of that material into the storm drains. Mr. Bernardi stated that as far as we know,
the Ordinance is helping to alleviate this problem, and part of this new program will be to enforce these types of
ordinances.
In referring to Mr. Phillips' question concerning illicit connections with respect to sanitary sewage, Mayor Boro asked Mr.
Bernardi if 99.9% of the problems relating to sewage are cleared up as well? Mr. Bernardi responded that he was
in the field when these particular problems were corrected, and he can assure Mayor Boro that they were all
corrected. Mr. Phillips stated that he would still like to know the degree of the problem if, in fact, there is one. He
stated that reading a report that talks about sewage being dumped in the system greatly concerns him, and he
would like to have Mr. Bernardi report back to the Council. Mr. Bernardi agreed to report back to the Council.
SRCC MINUTES (Regular) 7/17/95 Page 12
SRCC MINUTES (Regular) 7/17/95 Page 13
Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the resolution establishing a rate for
standard runoff unit.
RESOLUTION NO. 9420 - RESOLUTION ESTABLISHING A RATE PER STANDARD RUN-OFF UNIT FOR FOR
THE PURPOSE OF CALCULATING THE CITY OF SAN RAFAEL CLEAN STORM WATER ACTIVITY FEE
($15.00 FOR FISCAL YEAR 1995/96)
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS: None
COUNCIL CONSIDERATION
NEW BUSINESS
Cohen, Heller, Phillips, Zappetini and Mayor Boro
None
33. APPOINTMENT OF COUNCIL REPRESENTATIVE FOR BAY CONSERVATION AND DEVELOPMENT
COMMISSION (BCDC) NORTH BAY WETLANDS PROTECTION STUDY (PI)- File 135x9-1
Councilmember Zappetini stated that he had dealt with BCDC through two or three projects recently, and he was under the
impression that they were going to be eliminated by the Governor. Councilmember Heller stated that they made it
through the budget for another year, and they are not being eliminated.
Councilmember Phillips moved and Councilmember Cohen seconded, that Mayor Boro be appointed as Council
Representative for the Bay Conservation and Development Commission (BCDC) North Bay Wetlands Protection
Study. Motion was unanimously approved.
34
None
CITY COUNCIL REPORTS:
There being no further business, the meeting was adjourned at 9:50 PM.
APPROVED THIS
JEANNE M. LEONCINI, City Clerk
DAY OF 1995
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 7/17/95 Page 13