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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