HomeMy WebLinkAboutCC Minutes 1987-10-19SRCC MINUTES (Regular) 10/19/87 Page 1
IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 19,
1987 AT 7:00 PM.
Regular Meeting:
CLOSED SESSION
CLOSED SESSION TO DISCUSS LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a
Vice -Mayor Breiner announced closed session was not held.
IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, OCTOBER 19,
1987 AT 8:00 PM.
Regular Meeting:
San Rafael City Council Present: Dorothy L. Breiner, Vice -Mayor
Gary R. Frugoli, Councilmember
Richard Nave, Councilmember
Maynard Willms, Councilmember
Absent: Lawrence E. Mulryan, Mayor
Also Present: Pamela J. Nicolai, City Manager; Gary T. Ragghianti,
City Attorney; Jeanne M. Leoncini, City Clerk
CONSENT CALENDAR
2. Approval of Minutes of Regular
Meeting of October 5, 1987 (CC)
3. Acceptance of Grants of Access
Easement - Oakwood Subdivision
Unit No. 3 (PW) - File 5-1-244
4. Report on Senate Bill #547 -
Earthquake Hazard Reduction
Program (PW) - File 13-11
5. REQUEST FOR LEAVE TO PRESENT
LATE CLAIM - Josephine Taylor
(PW) - Claim No. 3-1-1271
6. Claims for Damages:
a. Lorraine M. Wardall (PW) -
Claim No. 3-1-1262
b. Clara Featherston (PW) -
Claim No. 3-1-1275
c. Carroll Featherston (PW) -
Claim No. 3-1-1276
d. G. Robert Leins (PW) -
Claim No. 3-1-1268
ACTION
Approved as submitted.
RESOLUTION NO. 7632 - ACCEPTING
GRANTS OF EASEMENT FOR ACCESS
TO OPEN SPACE PARCELS -
OAKWOOD SUBDIVISION UNIT NO. 3
(from Loren W. Riddle, Donald
R. Ham and Sharon Ham) (To provide
connection between Upper Toyon
Drive, Makin Grade and Clorinda
Avenue Extension)
Accepted report.
Approved Insurance Consulting
Associates, Inc. recommendation
to accept filing of late claim
and deny claim.
Approved Insurance Consulting
Associates, Inc. recommendations
for denial of claims a, b & c.
Approved City Attorney's
recommendation for denial of
claim d.
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
SRCC MINUTES (Regular) 10/19/87 Page 1
SRCC MINUTES (Regula 10/19/87 Page 2
7. REFERRAL FROM LAFCo FOR ANNEXATION OF UNINCORPORATED LOS RANCHITOS
AREA TO LAS GALLINAS VALLEY SANITARY DISTRICT, REQUEST FOR WAIVER
OF DUAL ANNEXATION POLICY (P1) - File 149 x 5-2 x 10-2
Vice -Mayor Breiner noted a response has not been received from LAFCo
on questions asked by Council at the September 21, 1987 meeting, and
requested staff write a follow-up letter to LAFCo, with a report to
be brought back to Council at a later date.
8. STATUS REPORT ON SAN QUENTIN DISPOSAL SITE (CM) - File 160 x 9-3-40
x (SRRA) R-253
City Attorney Ragghianti stated he sent a letter dated October 1,
1987, to Mr. Nels Johnson, City Editor, and a letter dated October
15, 1987 to the Editor of the Marin Independent Journal expressing
his great dismay with regard to the manner in which the media reported
the action by the City Attorney's office in claiming privilege and
confidentiality regarding a report that was prepared exclusively for
his office to assist in assessing the potential liability exposure
as a result of the June 1987 explosion and fire and the injuries
suffered by several of the City's Public Works employees. He indicated
at no time was he privy to any information that indicated the City
was intentionally concealing any matter dealing with the public's
safety, nor had he witnessed a public official of the City acting
in a manner that disregarded the public's safety.
Mr. Ragghianti commented that public lawyers practice law and do not
make policy. They advise their Councils with respect to what documents
are required by California law to be made public and which are not,
noting that the ultimate responsibility with regard to a release of
that document lies with the client, which is the City Council. He
noted that as indicated in his letter to the Editor, what has been
happening would be made public tonight and mentioned Mr. Butler's
informative report concerning procedures utilized over the last several
months by the City to make sure the site is safe.
City Manager Nicolai stated that City staff would not withhold infor-
mation about public safety in the interest of having an auto center
built on the San Quentin Disposal site. She mentioned that the report
was requested by the City Attorney's office, adding that the subject
of public safety was not included in it but that the City has taken
measures since the June accident to assure the public is safe in that
area.
Once it was determined that there were explosive levels of methane
in some of the catch basins on the storm drain system on the site,
the City requested the property owner fence them in where the methane
was detected. The property owner also chose to vent them so there
are no explosive levels of methane being contained in them.
As an extra precaution, the City installed a fence along the east
peremiter all along the shoreline and 100 yards back on either side
of the property. It is private property, and the City does not have
jurisdiction over it, but this was done to prevent anybody from
inadvertently wandering onto it.
In the meantime, state mandated air and water tests are being conducted
by Harding -Lawson Associates, the property owner's consultant, and
are being reviewed by the City's consultant, Eljumaily-Butler. Harding -
Lawson, in order to comply with the State's requirements, the Calderon
Bill, have completed the gas tests and also conducted more detailed
tests, far beyond the State requirements. Ultimately the state agencies
will determine the appropriate mitigation measures for development.
Harding -Lawson expects to have the tests completed and made available
in early November. Ms. Nicolai stated she asked both consultants
to summarize the status of public safety. Eljumaily-Butler Associates
reported there is no public safety problem at this time; however,
the City is continuing to monitor the situation to figure out where
the methane is coming from and what mitigation measures might be required
in order to contain it. She noted the City is taking whatever measures
the experts are recommending with respect to the public safety issue.
SRCC MINUTES (Regular) 10/19/87 Page 2
SRCC MINUTES (Regula 10/19/87 Page 3
At the request of Vice -Mayor Breiner, Mr. Duane Butler, consultant
with Eljumaily-Butler Associates, addressed questions contained in
a letter just received from the Canal Community Alliance relating
to the public safety issues at the San Quentin dump as follows:
. What has and is being done to secure the area from immediate danger?
The City of San Rafael has fenced the area to preclude people
from trespassing on the private property. Subsequent to meetings
with the City, the owner also has vented the storm drain system
and fenced it off.
. How widespread are the leaks?
The private land owner's consultant has just taken some tests
under the Calderon legislation that did show lateral migration
of methane six feet under the surface at the location of the
probe. The report is being reviewed by the Bay Area Air Quality
Management District and was submitted to them a couple of weeks
ago.
Mr. Butler described the lateral migration underground from landfills,
noting it is not a leak in the sense of something springing a
leak. There are gases that will migrate to the surface of the
cover into "ambient" air; that has been measured and the consultant
has not found any toxic gases at the surface of the ground nor
in the ambient air. There are also gases that migrate laterally
under the surface of the ground and what the Calderon legislation
does require is a measuring of those gases for methane. The
consultant did detect methane at the boundary of the landfill,
noting this is not an uncommon occurrence and that it was determined
methane does exist at the boundary of the land at six locations.
. What is the status of toxic wastes at the Bellam site?
The Bellam site is another piece of real estate, but in answer
to that question with regard to this site, two kinds of tests
will be conducted by the landowner's consultant, air quality
and water quality. The air quality test has been completed. This
test required testing of 10 specific compounds, the presence
of which would indicate if hazardous materials had been placed.
None were detected in the ambient air samples by the consultant.
The water quality test has not yet been completed but should
be in November of this year. We will report back with the results
at that time.
Vice -Mayor Breiner noted the Bellam site will be addressed at
a later time.
What is the probability of methane gas traveling to other underground
areas?
Gases were found up to at least 50 percent by volume at the boundary
which is not uncommon but expected. The Bay Area Air Quality
Management District will determine if the landfill owner should
install some sort of a gas collection or protective device to
preclude the further migration of those gases or if further
examination of what might be called "underground gas plume" is
required. It is not known what the probability is of gas traveling
to other underground areas. With regard to public safety aspects
and the safety of the City's employees, as stated in their (Harding -
Lawson) report, the likelihood of underground gas traveling to
the City's manhole and the City's storm drain should be considered.
Staff should protect themselves with the appropriate measures
for working in confined spaces.
SRCC MINUTES (Regular) 10/19/87 Page 3
SRCC MINUTES (Regular) 10/19/87 Page -4
• What precautions, if any, should community members take immediately?
. What should and will be done to insure the safety of the neighborhood
in the long term?
Mr. Butler combined both questions with one answer, by stating
there is nothing community members need to take immediate action
on that the City has not already done. As for the second question
regarding safety in the long term, the question anticipates there
is some migration off-site in some measure posing some danger
to off-site properties; that has not yet been concluded as being
the case. Mr. Butler stated the likelihood that there is any
danger to any off-site facilities at this point is, in his opinion,
extremely unlikely.
City Manager Nicolai stated the results of the Calderon air and water
studies and specific studies beyond what Calderon required are to
be completed in early November, and indicated a status report will
be brought back to Council probably by the second meeting of November.
Dr. Rafael Dufficy, resident of San Rafael, spoke of his concerns
about the San Quentin Disposal site; as to why the Mayor and City
Manager are, according to the paper, anxious to push the auto center
project on the San Quentin Disposal site; who is engaged in "secret"
negotiations with Mr. Martin Bramante as cited in the Marin Independent
Journal; mentioned $400,000 additional sales tax per year as a pos-
sibility and asked how the gross sales from the new auto mart will
suddenly increase when those same dealers are currently selling vehicles
in San Rafael; asked why this development proposal has not been submitted
to the Planning Commission; and also why the auto center cannot wait
until all the reports have been received from the various agencies.
City Manager Nicolai responded to Dr. Dufficy's concerns by stating
that the City has never "secretly" negotiated on the auto center,
but has met with auto dealers for two to three years on a potential
site for an auto center. Ms. Nicolai indicated this was because some
auto dealers have stated they are in unfavorable locations and wish
to relocate and stay within the City limits. She stated the City received
a proposal from the Cal -Pox Corporation as to a development agreement,
which the City has never used, indicating it would not be submitted
to the Planning Commission or the City Council, because the City is
informally looking at the feasibility of possibly using the site.
She noted it has been made clear to the auto dealers, property owners
and everyone else involved, including the local newspaper reporter,
that the City is not pushing this but is waiting for factual reports
and that the Calderon studies, Environmental Protection Agency and
Air and Water Quality Control Boards will do indepth studies beyond
what the consultants are doing so that whatever mitigations are necessary
will have to take place, stressing only at that point in time will
the City proceed.
Ms. Nicolai concluded the City has no intention of putting an automobile
center on the site if the property is hazardous or it is demonstrated
by the State that it is not a developable site. However, it is one
of the options worthy of consideration. She indicated that the Planning
Commission would become involved only at the time it becomes a serious
project which would then go through the normal process.
Staff report was accepted, without motion.
9. FORMATION OF SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 2 (FOR
PRIVATE DREDGING): (PW) - File 6-45
Public Works Director Bernardi stated the documents submitted to Council
are the beginning stages of the formation of the San Rafael Canal
Dredging Assessment District No. 2, which is the private dredging
of the non -Federal portion of the channel. He noted 62 percent of
the property owners have signed in favor of the dredging, making the
requirements legal. They do, however, anticipate additional petitions
coming into their office, noting of the 38 percent remaining, some
are dissenters and some have not responded.
SRCC MINUTES (Regular) 10/19/87 Page 4
SRCC MINUTES (Regular) 10/19/87 Page 5
A. PETITIONS.
Petitions filed.
B. CERTIFICATE RE PETITION.
Certificate re Petition filed (Indicating 62%).
C. RESOLUTION ACCEPTING PETITION.
RESOLUTION NO. 7633 - RESOLUTION ACCEPTING PETITION, SAN RAFAEL
CANAL DREDGING ASSESSMENT DISTRICT NO. 2.
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
D. BOUNDARY MAP.
Boundary Map filed.
E. RESOLUTION APPROVING BOUNDARY MAP.
RESOLUTION NO. 7634 - RESOLUTION APPROVING BOUNDARY MAP, SAN RAFAEL
CANAL DREDGING ASSESSMENT DISTRICT NO. 2.
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
F. RESOLUTION APPROVING LEGAL SERVICES AGREEMENT.
RESOLUTION NO. 7635 - RESOLUTION APPROVING LEGAL SERVICES AGREEMENT,
SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 2. (With Sturgis,
Ness, Brunsell and Sperry, Bond Counsel)
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
G. RESOLUTION APPROVING ENGINEERING SERVICES AGREEMENT.
RESOLUTION NO. 7636 - RESOLUTION APPROVING ENGINEERING SERVICES
AGREEMENT, SAN RAFAEL CANAL DREDGING ASSESSMENT DISTRICT NO. 2
(with CSW Consultants, Inc.)
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
H. RESOLUTION OF INTENTION.
RESOLUTION NO. 7637 - RESOLUTION OF INTENTION, SAN RAFAEL CANAL
DREDGING ASSESSMENT DISTRICT NO. 2.
AYES: COUNCILMEMBERS: Frugoli, Nave, Willms & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Mulryan
There being no further business, the meeting was adjourned.
JEANN�.LEONCINI,_\City Clerk
APPROVED THIS DAY OF 1987
MAYOR OF THE CITY OF SAN RAFAEL
SRCC MINUTES (Regular) 10/19/87 Page 5