HomeMy WebLinkAboutCC Minutes 1987-05-04SRCC MINUTES (Regular) 5/4/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MAY 4, 1987
AT 7:00 P.M.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION - File 1.4.1.a
1. No. 87-9(a) - (#1) Martz vs. City of San Rafael et al.
No. 87-9(b) - (#2); No. 87-9(c) - (#2).
No reportable action was taken.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MAY 4, 1987
AT 8:00 P.M.
Regular Meeting: Present: Lawrence E. Mulryan, Mayor
San Rafael City Council Dorothy L. Breiner, Councilmember
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Maynard H. Willms, Councilmember
Absent: None
Also Present: Pamela J. Nicolai, City Manager; Mary Casey, Assistant
City Attorney; Jeanne M. Leoncini, City Clerk
ANNOUNCEMENTS OF:
a. SELECTION OF TWO NEW PLANNING COMMISSIONERS - File 9-2-6
Mayor Mulryan announced the selection of two new Planning Commissioners,
Mr. Ross L. Cobb and Mr. Paul M. Cohen to fill unexpired terms to
the end of June, 1990.
b. SELECTION OF THREE MEMBERS, BOARD OF LIBRARY TRUSTEES - File 9-2-3
Mayor Mulryan announced the reappointments of Elizabeth H. Grasham
and George Walton along with newly appointed John R. Haeuser to the
Board of Library Trustees who are filling four-year terms which expire
the end of April, 1991.
C. SELECTION OF TWO MEMBERS, CULTURAL AFFAIRS COMMISSION - File 9-2-24
Mayor Mulryan also announced the reappointment of Frederick Dekker
and the appointment of Barbara Gelleri to the Cultural Affairs
Commission to fill four-year terms which expire end of April, 1991.
ORAL COMMUNICATION OF AN URGENCY NATURE:
PARTIAL REIMBURSEMENT BY NEIGHBORHOOD FOR LANDSCAPING ON ELDA
DRIVE - File 9-3-40 x 105
Mr. Dan McGreevy, resident of Elda Drive, presented the City with 16 checks
of $200.00 each totaling $3,200.00 for the neighborhood's participation
in beautifying the landscaping on Elda Drive.
CONSENT CALENDAR
Item
Recommended Action
2. Approval of Minutes of Regular Approved as submitted.
Meeting of April 20, 1987 (CC)
3. Resolutions of Appreciation for: RESOLUTION NO. 7527 - RESOLUTION
(Lib./Cult.Affs) OF APPRECIATION TO ALICE DALBEY
(who served as a Member of the
a. Alice Dalbey, Retiring Board Board of Library Trustees for
of Library Trustees Member, Sixteen Years)
for 16 years of service -
File 102 x 9-2-3
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SRCC MINUTES (Regular) 5/4/87 Pgae 2
b. Suzanna Pollack, Retiring RESOLUTION NO. 7528 - RESOLUTION
Cultural Affairs Commissioner, OF APPRECIATION TO SUZANNA POLLACK
for 7 years of service - (who served as a Member of the
File 102 x 9-2-24 Cultural Affairs Commission for
seven years)
4. Resolution Declaring Week of
May 11 - 16, 1987 as "Marin
County Safe Graduation Week"
(CM) - File 104
5. Resolution Designating Week of
May 4-10, 1987 as "Youth Week"
(CM) - File 104
6. Resolution Proclaiming the Month
of May as Vehicle Occupant
Safety Month (PW) - File 104 x
11-1
RESOLUTION NO. 7529 - RESOLUTION
PROCLAIMING THE WEEK OF MAY 11-16,
1987, TO BE MARIN COUNTY SAFE
GRADUATION WEEK
RESOLUTION NO. 7530 - RESOLUTION
PROCLAIMING THE WEEK OF MAY 4,
1987 TO BE "YOUTH WEEK"
RESOLUTION NO. 7531 - RESOLUTION
PROCLAIMING THE MONTH OF MAY AS
VEHICLE OCCUPANT SAFETY MONTH
7. Improvement Agreement for Sewer RESOLUTION NO. 7532 - RESOLUTION
Main Extension - Bellevue Avenue AUTHORIZING THE SIGNING OF AN
(PW) - File 4-10-214 AGREEMENT WITH DENNIS HORNE, RE
BELLEVUE AVENUE SEWER MAIN
EXTENSION
8. Resolution of Appreciation for
Kathy Ohm for the Organization
and Development of Vallecito
Playground Project (Rec) -
File 102 x 12-5 x 9-3-65
9. Request for Authorization to
Close Library on Saturday, July
4, 1987 (Lib) - File 9-3-61
12. Claims for Damages:
a. Gregory Spellerbert (Rec) -
File 3-1-1172
b. Pierre Atlan (PD) -
File 3-1-1206
RESOLUTION NO. 7533 - RESOLUTION
OF APPRECIATION TO KATHY OHM FOR
HER DEDICATION AND CONTRIBUTION
TO THE SAN RAFAEL COMMUNITY
Approved staff recommendation.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims a, b, c,
d & e.
c. Mr. & Mrs. Robert B. Ingram (PW) -
File 3-1-1213
d. Monique S. Lau (PW) -
File 3-1-1219
e. Chuck Barber (PW) -
File 3-1-1229
f. Mary Macur (PW) -
File 3-1-1236
g. Stephanie Spaelti (PW) -
File 3-1-1241
Approved City Attorney's
recommendation for denial of
claims f & g.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
10. STATUS REPORT ON COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING
(CM) - File 147
Mayor Mulryan asked for clarification on how the item on child care
portables in the requested amount of $67,000 and recommended amount
of $50,000 fits in with the ongoing issues on child care.
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City Manager Nicolai stated she attended a meeting last Thursday at
Supervisor Gary Giacomini's office at the County who is trying to
put together an interim solution to make Community Development Block
Grant funds available. Staff is also researching alternatives. She
added that Supervisor Giacomini is also requesting a member of the
Buck Foundation to check out whether they can match the CDBG funds
in the amount of $200,000. However, at this point nothing is specific
and another meeting is scheduled for May 13, 1987 which also is the
day for the Priority Setting Committee to meet, after which time hope-
fully staff will have some answers.
Councilmember Frugoli moved and Councilmember Willms seconded, to
accept the status report on Community Development Block Grant
funding.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
11. LEGISLATION AFFECTING SAN RAFAEL (CM) - File 9-1
a. RESOLUTION SUPPORTING THE COALITION TO SAVE OUR DELTA
Councilmember Breiner stated she continued to have concerns on this
item, indicating that although the report speaks to the beneficiaries
it does not mention who they are or how it will be made equitable.
She added there are too many programs being "short changed" and although
the Delta Levee repair may be a good thing, it still is not clear
as to who the beneficiaries are.
Staff was directed to bring the item back to Council with additional
information at a future meeting, and to contact the State Board of
Reclamation for ideas on what their criteria is in choosing those
who would receive the funds.
b. RESOLUTION SUPPORTING THE RESTORATION OF FUNDING FOR THE CONTINUED
OPERATION OF THE CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH ADMINISTRA-
TION (CAL OSHA)
Mayor Mulryan stated that the Director of the Department of Industrial
Relations indicated one way to save money is to do away with Cal OSHA
and let the Federal OSHA enforce it, but it was found through testimony
that the Federal OSHA administrates this in an entirely different
manner. He added that an insurance company testified it would cost
California Workers' Compensation approximately $50,000,000 per year
which would increase the overall rate for accident insurance by one
percent.
Councilmember Nave commented that Cal OSHA and Federal OSHA combination
have many redundancies causing an expensive program. He added that
the League of California Cities have not taken a position on this
matter and requested more information.
Council directed staff to bring back additional information on Calfornia
OSHA.
13. PRESENTATION OF RESOLUTION OF APPRECIATION TO SUZANNA POLLACK, RETIRING
CULTURAL AFFAIRS COMMISSIONER - File 102 x 9-2-24
Mayor Mulryan presented Suzanna Pollack with a Resolution of Apprecia-
tion for her six and one half years on the Cultural Affairs Commission.
14. RESOLUTION OF INTENTION TO ENTER INTO AN AGREEMENT WITH THE SAN RAFAEL
SANITATION DISTRICT FOR THE TRANSFER OF THE SANITARY SEWER GRAVITY
COLLECTION SYSTEM (PW) - File 4-12-8
Public Works Director Bernardi stated the final document prepared
by Bartle Wells Associates entitled Wastewater Service Charges deals
with the issues relating strictly to the San Rafael Sanitation District,
namely, consideration of additional user fees. Included is information
on the transfer of the gravity collection system from the City to
the District. He stated after the consultant reviewed the situation,
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he recommended that the City transfer the gravity system to the District
with the primary reason being the way taxes are collected. He noted
that the Terra Linda Basin, under the Las Gallinas Sanitary District,
pays user fees relating to the treatment of sewage within that basin.
Additionally, those same property owners through property taxes in
a small part subsidize the treatment and transportation of sewage
within the San Rafael Sanitation District. The consultant indicated
this to be an inequity needing to be corrected, and by transferring
the system and jurisdiction, the inequity would be corrected and those
within the San Rafael Basin who are also within the San Rafael Sani-
tation District will pay for the services they are receiving.
Mr. Bernardi recommended Council adopt the attached Resolution indi-
cating the City is willing to enter into an agreement with the District
with details to be worked out and an agreement brought to the City
and District for ratification by both legislative bodies.
RESOLUTION NO. 7534 - RESOLUTION OF INTENTION TO ENTER INTO AN AGREEMENT
WITH THE SAN RAFAEL SANITATION DISTRICT FOR
THE TRANSFER OF THE SANITARY SEWER GRAVITY
COLLECTION SYSTEM
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Councilmember Breiner voiced concern about the City's liability relating
to sewer backups as to who would be responsible if the cleaning of
sewers is not done by the District.
Mr. Bernardi responded that this issue will be addressed in the final
agreement as to how that particular liability question is resolved.
15. DISCUSSION OF NORTHWESTERN PACIFIC RAILROAD RIGHT OF WAY TASK FORCE
(PW) - File 117
Mayor Mulryan stated in looking at the Brinckerhoff report and minutes
of current meetings, it is unclear whether other people involved in
the communities or the County know how adamant the City is that a
busway or any throughway on the Northwestern Pacific Railroad (NWPRR)
right of way cannot be at grade, as this would cause a standstill
in the City's traffic.
Councilmember Frugoli stated he would like to incorporate in the General
Plan, any use of the NWPRR right of way would be above grade and not
at grade.
After further discussion, Council agreed that a letter signed by the
Mayor on behalf of Council, would be sent to the County of Marin,
Golden Gate Bridge, Highway and Transportation District and Marin
County Transit District, informing them that Council does not agree
with their plan of route for the NWPRR right of way at grade through
San Rafael, but rather it would need to be above grade; also, the
City maintains its right to veto what will not work in the community
of San Rafael.
16. PROPOSED CHANGES IN TRANSIT SERVICE (Pl) - File 11-32
Senior Planner Miller stated the Golden Gate Bridge, Highway and
Transportation District is experiencing significant losses in ridership
affecting Sonoma, Novato and San Rafael on the Transbay buses driving
across the Golden Gate Bridge into San Francisco, with the buses operat-
ing at a load factor of only 60 percent.
He stated a public hearing was held by the Bridge District on March
25, 1987.
Mr. Miller indicated staff does not have objections on the local transit
bus changes, but does recommend that the buses not travel on Bellam
Boulevard unless they are picking up people and can produce evidence
they will reduce single occupant auto travel.
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In response to question by Mayor Mulryan on wear and tear on the streets,
Mr. Miller replied there is slightly more mileage on the City's streets,
and staff would like to have the buses remain on Highway 101 because
of the created congestion, but overall San Rafael is not affected
as much except at Fourth Street where passengers load and unload.
In response to question by Councilmember Breiner on having a Park
N' Ride lot somewhere near the Golden Gate Transit facility, Planning
Director Moore stated that in the past a proposal was made to have
a Park N' Ride facility under the viaduct near Gary Place but staff
opposed it given the level of congestion in the area.
Traffic Engineer Rumsey stated there is good transit coverage in the
Canal area at both morning and evening peak hours.
After further discussion, Council strongly emphasized that the City
does not want additional congestion on Bellam Boulevard, with
Councilmember Breiner suggesting having a "Park N' Ride" closer in
the area.
17. RESOLUTION DESIGNATING SUMMERHILL SUBDIVISION PARK AS HARTZELL PARK
IN MEMORY OF OLIVER HARTZELL (Rec) - File 5-1-304 x 9-3-66
Recreation Director McNamee stated she spoke with Mrs. Hartzell who
informed Ms. McNamee she is very pleased and excited about the honor
of designating Summerhill Subdivision Park as Hartzell Park in memory
of her husband.
RESOLUTION NO. 7535 - RESOLUTION DESIGNATING SUMMERHILL SUBDIVISION
PARK AS HARTZELL PARK IN MEMORY OF OLIVER
HARTZELL
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ADD ITEM
Councilmember Breiner requested that discussion be held on a request for
endorsment of the Art and Garbage Gala event, due to the fact the matter
arose after the agenda was posted, needed timely action for publicity
purposes and could be discussed based on an affirmative vote of two-thirds
of the Council.
Councilmember Breiner moved and Councilmember Willms seconded, to allow
discussion and action on endorsement of the Art and Garbage Gala event.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RE: ART AND GARBAGE GALA - File 13-2
Councilmember Breiner moved and Councilmember Willms seconded, to endorse
the Art and Garbage Gala to be held on Saturday, June 6, 1987 from 7-12
PM at the Recyling Center at 1050 Andersen Drive.
AYES: COUNCILMEMBERS: Breiner, Frugoli, Nave, Willms & Mayor Mulryan
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
There being no further business, the meeting was adjourned.
A
JEANNE EONCINI, City Clerk
DATED THIS DAY OF
MAYOR OF THE CITY OF SAN RAFAEL
1987
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