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HomeMy WebLinkAboutCC Minutes 1994-03-07SRCC MINUTES (Regular) 3/7/94 Page I IN CONFERENCE ROOM 201 OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 7, 1994, AT 7:00 PM CLOSED SESSION 1. DISCUSSION OF LITIGATION AND LABOR NEGOTIATIONS - File 1.4.1.a No. 94-6(b) - #2 No. 94-6(c) - #7 No reportable action was taken. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, MARCH 7, 1994, AT 8:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE None CONSENT CALENDAR Councilmember Cohen moved and Councilmember Heller seconded, to approve the recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Regular Meetings of Approved as submitted. December 20, 1993 and February 7, 1994 (CC) 3. Authorization to Call for Applications to Approved staff recommendation: Fill One Position on the Fire Commission Due a) Application deadline 3/29/94 to Expiration of Term of Fire Commissioner at Noon in City Clerk's Dr. Stephen Mizroch (CC) - File 9-2-5 Office; b) Set date for interviews 4/4/94 at 6:30 p.m. 4. Acceptance of Affirmation of Confidentiality of Closed Sessions for Eric T. Davis, Deputy City Attorney (CC) - File 9-1-2 5. Acceptance of Statement of Disclosure for: Eric T. Davis, Deputy City Attorney (CC) - File 9-4-3 7. Adoption of Resolution Setting Fee Schedule for Police Rotation Tows (PD) - File 9-3-30 x 11-8 x 9-10-2 8. Approval of Final Map - Shoreline Business Center (PW) - File 5-1-324 11. Resolution Denying Appeal of Planning Commis- sion Denial of General Plan Amendment Applica- tion 92-1 to Designate Property Located at 931 Second Street from General Commercial to Retail/Office; AP Nos. 13-012-10 and 11; Steve Zappetini and Son, Inc. Owners; Court Stewart, Rep. (Pl) - File 10-3 x 10-5 x 10-6 x 10-7 12. Legislation Affecting San Rafael (CM) - File 9-1 1 Accepted report. Accepted report. RESOLUTION NO. 9107 - SETTING THE FEE SCHEDULE FOR THE POLICE ROTA- TION TOW ORDINANCE RESOLUTION NO. 9108 - APPROVING FINAL MAP OF SUBDIVISION ENTITLED "MAP OF SHORELINE CENTER" RESOLUTION NO. 9109 - DENYING APPEAL OF THE PLANNING COMMISSION'S DENIAL OF GENERAL PLAN AMENDMENT APPLICA- TION 92-1 TO DESIGNATE PROPERTY LOCATED AT 931 SECOND STREET FROM GENERAL COMMERCIAL TO RETAIL/OFFICE Approved staff recommendation to OPPOSE AB122 (Andal). Would preempt all local mobilehome rent control SRCC MINUTES (Regular) 3/7/94 Page 2 SRCC MINUTES (Regular) 3/7/94 Page ordinances and programs, including those in charter cities. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Zappetini (from Item 11 only, due to Conflict of Interest) The following items were removed from the Consent Calendar for discussion: 6.REPORT ON BID OPENING - POLICE RADIO SYSTEM MAINTENANCE CONTRACT (PD) - File 4-2-242 x 9-3-30 Councilmember Zappetini asked how the radios were working since technicians from E.F. Johnson were here. Police Chief Krolak answered they are working better, and E.F. Johnson is 75-80% done with what they were going to do. They are planning to be back the week of March 21, 1994 to install more software and specifically to work on the console problems. Chief Krolak stated that the mobile radios in the cars need tuning up, and arrangements have been made with the manufacturer to take them back to the factory and put them back to factory specifications. Chief Krolak explained that he asked for this bid to be rejected in order to put some pressure on E.F. Johnson to continue doing what they are doing, and then after the radios are back to manufac- turer specifications, we can then talk to vendors who will be willing take this on as a project. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt a Resolution rejecting bids for the Police radio maintenance program. RESOLUTION NO. 9110 - REJECTING ALL BIDS FOR THE POLICE RADIO SYSTEM MAINTENANCE CONTRACT AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 9.AUTHORIZATION GRANTING RIGHT-OF-WAY TO MARIN MUNICIPAL WATER DISTRICT FOR WATERLINE THROUGH SPRING GROVE OPEN SPACE (PW) - File 2-14 x 151 Councilmember Thayer asked whether this waterline will be visible or be trenched. Public Works Director Bernardi answered that it will be trenched and will be under -ground; otherwise it is more subject to vandalism. Councilmember Thayer moved and Councilmember Zappetini seconded, to adopt a Resolu- tion authorizing the waterline easement and authorizing the Public Works Department to issue an appropriately conditioned permit. RESOLUTION NO. 9111 - AUTHORIZING EXECUTION OF GRANT OF WATER PIPELINE EASEMENT ACROSS SPRING GROVE OPEN SPACE TO THE MARIN MUNICIPAL WATER DISTRICT AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 10.MERRYDALE OVERCROSSING PROJECT CONSTRUCTION AUTHORIZATIONS: (PW) a. RESOLUTION AUTHORIZING EXECUTION OF "REVISED COOPERATIVE AGREEMENT" WITH CALTRANS FOR CONSTRUCTION OF PROJECT - File 4-8-23 x 11-15 b. RESOLUTION AUTHORIZING EXECUTION OF CONSULTANT AGREEMENTS WITH HARRIS AND ASSOCIATES FOR CONSTRUCTION MANAGEMENT SERVICES AND WILSEY & HAM FOR CONSTRUCTION ENGINEERING SUPPORT SERVICES - File 4-10-276 C. AUTHORIZE STAFF TO CALL FOR BIDS - File 4-8-23 x 4-10-276 x 11-15 Councilmember Thayer asked if we sent Requests for Proposal (RFPs). Public Works Director Bernardi stated that we did and noted that the consultant selection team consisted of two CALTRANS employees and two City employees, and that the CALTRANS consultant selection procedure had been followed. Ms. Thayer asked who the employees were. Mr. Bernardi answered Lloyd Strom and Andrew Preston. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the Mayor to execute a Cooperative Agreement with CALTRANS for construc- SRCC MINUTES (Regular) 3/7/94 Page 2 3 SRCC MINUTES (Regular) 3/7/94 Page tion of Merrydale Overcrossing project. RESOLUTION NO. 9112 - AUTHORIZING THE SIGNING OF A COOPERATIVE AGREEMENT WITH CALTRANS FOR THE CONSTRUCTION OF THE MERRYDALE OVERCROSSING AND THE FREITAS INTERCHANGE NORTHBOUND ON-RAMP AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt a Resolution authorizing the Mayor to execute consultant agreements with Harris and Associates for Construction Management Services and with Wilsey & Ham for Construction Engineering Services for the Merrydale Overcrossing project. RESOLUTION NO. 9113 - AUTHORIZING THE SIGNING OF AGREEMENTS WITH HARRIS AND ASSOCIATES (FOR CONSTRUCTION MANAGEMENT) AND WITH WILSEY AND HAM (FOR ENGINEERING SUPPORT SERVICES) FOR THE CONSTRUCTION OF THE MERRYDALE OVERCROSSING AND THE FREITAS INTERCHANGE NORTH- BOUND ON-RAMP AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None Councilmember Cohen moved and Councilmember Zappetini seconded, to authorize staff to call for bids for construction of the Merrydale Overcrossing project. AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None 13.PUBLIC HEARING - CONSIDERATION OF ADOPTION OF PURCHASING ORDINANCES: (FIN) - File 9-3-12 x 9-1-2 x 1-5 a. AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.50, PUBLIC WORKS CONTRACT POLICY, TO THE SAN RAFAEL MUNICIPAL CODE b. AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.55, PURCHASING POLICY, TO THE SAN RAFAEL MUNICIPAL CODE Finance Director Coleman reported that last November, the citizens voted to change the Charter which stated the City Council would annually, at a Public Hearing, establish the purchasing procedures of the City, and re-evaluate the Ordinance each year at a Public Hearing. Presented tonight are the first two Ordinances after that election. These Ordinances split up the purchasing function into Public Works con -tracts and all other purchases and set the framework under which we can operate. These two Ordinances, in the opinion of the Purchasing Committee, give the City more flexibil- ity to do the purchasing without losing any of the safeguards in terms of checking prices. They take care of the paperwork and cut down on some of the time needed to process some of the purchases and make it more efficient for City opera -tion, as well as, in some cases, make it easier for the vendors to deal with the City. In all cases we will still be getting price quotes, either written or verbal; it just will not be in such a formal method. All of the items purchased are already items that would be authorized in the budget. The Ordinances indicate that nothing will be purchased unless there are unencumbered funds. Mr. Coleman noted that the Public Works Ordinance is broken down into major and minor contracts, and in all cases prevailing wages would be applied. In the case of a major contract, Public Works will follow the same procedures we have now through all the bidding process. In the other Ordinance, Mr. Coleman stated the bid limit is set at $20,000 with Council authorization at $35,000, and City Manager authorization for any formal bid between $20,000 and $35,000. Even those under $20,000 would require quotes, either written or verbal. Mr. Coleman pointed out that there are two errors in the Public Works Ordinance: The first is on the top of page 7, the first line,..."requirements of such insurance shall be as follows:", should be deleted. On the bottom of the page 7, D., it should read..."2. Ten percent of the contract price should be retained" continued on page 8 to read "from all contracts for a period of five days." Councilmember Thayer asked that the Finance Department review any of the bids and SRCC MINUTES (Regular) 3/7/94 Page 3 4 SRCC MINUTES (Regular) 3/7/94 Page contracts less than $44,000. City Manager Nicolai stated that is already being done, it goes through the Finance Department first. Ms. Thayer stated that to keep track of where the money is going, she would like the Council to be furnished with a summary of all bids over $10,000 on a weekly basis, including what was awarded, the number of bidders and why the contract was awarded to that bidder. Councilmember Zappetini asked how we would pre -qualify contractors. Public Works Director Bernardi stated we will be following the same procedure as the County for pre - qualifying contractors, that we will pre -qualify as many of the local contractors as possible to insure funds are spent locally. Mr. Zappetini asked if there would be any criteria to give City -owned and operated contractors an edge. Mr. Bernardi said that he was looking at that with the City Attorney's office, and there is no kind of point system or a means of giving them an extra edge over anyone else. Mr. Zappetini stated other jurisdictions do this. Ms. Nicolai stated it is not clear that other jurisdictions do that; they can give preference to minority owned businesses in some categories, but our attorneys feel we cannot give any preferential discount to our local businesses. City Attorney Ragghianti stated that he believes this is still correct, noting it was looked into four years ago, and he will research that issue again. Councilmember Cohen stated he believes there are other jurisdictions, including San Francisco, Oakland and Vallejo that are doing local hire and local bid preference, noting if those cities feel they can legally do it, we should be able to do this also. Councilmember Cohen asked if page 4, Contract Award, 11.50.110 A. applies to both major and minor contracts. Mr. Bernardi answered that it did, that the bid opening process is basically the same for both. He explained that all bids get submitted to the City Clerk's office, are opened there, are posted publicly and the results are made available to anyone who asks. Mr. Cohen asked Mr. Bernardi if it was their intent for Public Works to establish a pre -qualified list of bidders who would then be notified when there is a project, to which Mr. Bernardi answered, "Yes." Councilmember Thayer asked what a contractor will have to do to become pre -qualified? Mr. Bernardi stated information is being obtained from the County, but it probably relates to their ability to bond the project and provide the necessary insurance. Councilmember Heller asked that the information be furnished to the Council when received. Mayor Boro opened the public hearing. No one wished to speak, therefore Mayor Boro closed the public hearing. Mayor Boro agreed with Councilmember Thayer that the Council should receive reports regarding contracts of at least $10,000 which have been awarded, but suggested rather than weekly that it be done along with Finance Director Coleman's monthly Finance Report. Mayor Boro stated he believes the County gives preference to local bidders by paying a premium price to get a local bidder, and he does not agree with doing that since it would cost the City more money. Councilmember Cohen gave an example of a bid preference - if there was a 5% bid preference, and there is one bid for $100 and one for $105 and the $105 comes from a local company, the contract could be awarded to the $105 bid. He noted that because of the economy, people are going farther and farther from home to bid on projects. The argument in terms of cost effectiveness of spending public dollars, is that if we hire an out-of-town contractor, there is less of a beneficial impact on the local economy. If the contract is awarded to a local company, a higher percentage of the contract dollars are recycled locally. Mayor Boro pointed out that we cannot assume that a local contractor will hire and spend locally. The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.50, PUBLIC WORKS CONTRACT POLICY, TO THE SAN RAFAEL MUNICIPAL CODE" Councilmember Thayer moved and Councilmember Zappetini seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance No. 1660 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None SRCC MINUTES (Regular) 3/7/94 Page 4 SRCC MINUTES (Regular) 3/7/94 Page km ABSENT: COUNCILMEMBERS: None The title of the Ordinance was read: "AN ORDINANCE OF THE CITY OF SAN RAFAEL ADDING CHAPTER 2.55, PURCHASING POLICY, TO THE SAN RAFAEL MUNICIPAL CODE" Councilmember Cohen moved and Councilmember Heller seconded, to dispense with the reading of the Ordinance in its entirety and refer to it by title only, and pass Charter Ordinance 1661 to print by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None COUNCIL CONSIDERATION OLD BUSINESS Heller, Thayer, Zappetini & Mayor Boro 14.APPEAL OF PUBLIC WORKS DEPARTMENT ISSUANCE OF AN ENCROACHMENT PERMIT AT 49 HARBOR STREET (PW) - File 2-11 x 9-3-40 Mayor Boro indicated that this item was previously before the Council on February 22, 1994, and the Council asked at that time for additional information. Public Works Director Bernardi noted the applicant, James Wells, is present this evening, and stated that the questions previously asked by the Council were, 1) what are the issues surrounding the right-of-way ownership and, 2) what cost would be appropriate for this particular encroachment. Giving the history, Mr. Bernardi explained that this land was originally subdivided in 1907; and, at the time, the Board of Trustees for the City rejected the offer of dedication of all the streets on the map. In the early 1960s, an Assessment District was formed to construct public improvements, and due to Assessment District legisla- tion, those streets had to be dedicated to the public. It is clear that this is public right-of-way. Mr. Bernardi noted the applicant is occupying approximately 85 square feet of public right-of-way. The actual right-of-way extends out into San Rafael Canal approximately 60-70 feet beyond the edge of the pavement as it currently exists. In attempting to value the encroachment, Mr. Bernardi went through a number of assumptions in the staff report, and the final amount for the use of the City right-of-way is $127.50. There is a 30 -day termination clause, therefore, Mr. Wells does not have permanent use of the right-of-way. The other issue relating to the cost of an encroachment is Resolution 7553, which sets $37.50 to issue an encroachment permit. The City Attorney's office feels if the Council were to charge for the usage of the right-of-way, that staff be directed to review this matter and bring back a policy statement for Council to consider in future instances. Because of the way the Resolution is written, Mr. Bernardi explained the only fee that can be charged for an encroachment permit is $37.50. Mr. Bernardi stated that when looking at the appropriateness of this particular encroachment permit, the staff still feels that because of this specific location, it does not affect the public health and welfare, and they recommend the appeal be denied. City Attorney Ragghianti stated there is nothing in our ordinances that permits an appeal from the issuance of an encroachment. He noted that is not to say that a citizen ought not to be able to bring before the Council a matter such as this. He stated the Council could order the property owner to remove the encroachment from the public right-of-way, or have it abated as a public nuisance. Hugo Landecker, appellant, stated that the construction of this fence was an inten-tional act of taking public property and was done for personal use. In his opinion, this constitutes theft of public land, and furthermore, there is no justification whatsoever for this fence. He stated an encroachment permit at a cost of $37.50 is a great deal, and that he owns almost 300 feet of street frontage and asked if he could extend his fences all the way to the curb and tell the City, "I'll give you $37.50 for an encroachment permit?" He further asked if he could get exclusive usage of it and never pay taxes on it? He stated this is a dangerous policy, and if the Council considers any further actions to allow Mr. Wells' exclusive use of this property, he wishes to be considered also for exclusive use of the same property. Albert Bianchi, attorney for James B. Wells, thanked the Council for postponing the hearing to this meeting. He emphasized that Mr. Wells was not really a thief of SRCC MINUTES (Regular) 3/7/94 Page 5 SRCC MINUTES (Regular) 3/7/94 Page public property who was deliberately trying to take property from the City, but rather has lived in San Rafael for 27 years, owned the property for 15 years, was retired, public service oriented, a member of the Steering Committee of the Federation of San Rafael Neighborhoods Association, and recipient of a commendation from the Canal Areal Inspection Program relating to this property at 49 Harbor Street. Mr. Bianchi agreed with the letter Mr. Bernardi wrote to Mr. Landecker on November 29, 1993, in which was stated that the private use of the right-of-way is being permitted and is quite a common occurrence. Mr. Bianchi stated Mr. Landecker was concerned that the fence blocked egress from vehicles parked on Mill Street, but noted in viewing the site, it does not appear that the fence extends beyond the existing raised curb on Mill Street. The remaining space, Mr. Bianchi noted, while tight, is adequate to enter and exit a vehicle. The space available exceeds that commonly available between cars parked side-by-side. As evidence to that, Mr. Bianchi produced a photograph of that property with an automobile parked in the area the appellant is complaining about where he says the door cannot be opened. However, Mr. Bianchi noted the driver of that vehicle has exited because there is nobody in it; and furthermore the vehicle belongs to the appellant, Hugo Landecker. Mr. Bianchi read a letter from a tenant of 49 Harbor Street, Mr. Edward Dollar, who stated he has been a tenant there for over three years, and during that time he has not seen a single person step up from the street onto the sidewalk because it is too steep. He noted they always walk the 15-20 feet to the driveway, then up the side -walk. The sidewalk ends just a few feet from his door, and it has always been blocked off the end for safety. He stated he is very thankful to Mr. Wells for erecting the fence because it stops people from working on their cars and from drinking and eating there and from bothering him. Mr. Dollar indicated the enclosure also stops drunks from passing out on his doorstep. Mr. Bianchi pointed out this property is not being used inappropriately. Mr. Bianchi stated Mr. Wells took photographs of other encroachments in the area; however, he did not submit them because the intention was not to "fink on someone else." But, within four blocks of this location, they found 30 other apparent encroachments on City property. Mr. Bianchi stated they are not big deals, unusual nor disadvantageous and the City loses no legal rights. As Mr. Bernardi stated, these encroachment permits are terminable by the City at any time. Mr. Bianchi said he could see no valid public purpose to be served by depriving or singling out this particular property owner (Mr. Wells) for this particular encroachment. He stated Mr. Wells is doing nothing improper, inappropriate or harmful to the City of San Rafael. Councilmember Cohen stated he had originally asked that the issue of the value of use of the land be looked at, and that has been clearly answered by Mr. Ragghianti. He stated his concern is that Public Works should have been approached first by Mr. Wells for an encroachment permit prior to erecting the fence. However, he felt that this in itself does not merit having him tear down a fence that would otherwise be allowed. Mr. Cohen stated if this had been brought to him previously, he would have found it reasonable and consistent with other easements and it does not do a disservice to the public. Councilmember Cohen moved and Councilmember Zappetini seconded, to deny the appeal, to accept the staff report and to approve the granting of the permit. Councilmember Thayer stated there was no application for the encroachment permit before erecting the fence, and while there are no doubt encroachments all over the City, this one happened to come before the Council on an appeal, and it is not up to the Council to decide whether Mr. Wells should be charged for the permit. She stated that is not the point, and noted that this is 85 feet, and for a fee interest it is worth $15 a square foot which comes to over $1200, and not the $37.50 as previously stated. Mr. Bernardi stated if the property were to be purchased, it would be worth that much, but we can cancel the right we have granted him, noting the encroachment permit reads "a reasonable period of time", and staff has interpreted that to mean 30 days' notice. Ms. Thayer stated she did not think we could distinguish between this situation and something that might have much larger implications, but with similar effects. If we do, she felt we cannot deny anybody an encroachment permit after the fact. Mr. Bernardi explained that the Council does not see all the requests that are denied. When the Code Enforcement Officer reviewed this request, she felt it was appropriate. Each permit is looked at on a case-by-case basis. City Manager Nicolai stated there is judgment in the situation, to determine which requests are reasonable and which are not. The dispute is whether there is any flexibility in the process. Even if there was a policy, she noted it would probably just outline criteria and still depend on the judgment of somebody reviewing the situation. SRCC MINUTES (Regular) 3/7/94 Page 6 SRCC MINUTES (Regular) 3/7/94 Page 7 Ms. Thayer stated what was disturbing to her is that the application for permit came after the fact, and maybe this is a way to get some revenue for the City. Ms. Nicolai stated we do not want to sell the fee title to it; there is a big difference in allowing somebody to enter into use of something while retaining the ability to cancel that and take it back. Ms. Nicolai reiterated we are not selling this property, we are allowing somebody to have interim use of it and noted that ideally, everyone would ask first before encroaching property, but since they do not, as they are discovered, a determination is then made whether or not to let it exist. Mayor Boro asked if this issue came about as a result of Code Enforcement Officer Machado's inspection. Mr. Bernardi answered that it did. Mayor Boro stated that obviously the process we have in place is working. We had someone encroach without the authority to do so, our inspection officer went out, found it and brought it forth. At that point, staff has the discretion to either support it or not. Mayor Boro stated he did not like it after the fact, but it has now been evaluated, and found to make sense. Councilmember Heller stated she now agrees with Councilmember Cohen, and what changed her mind is that the City loses no legal rights. Councilmember Thayer stated she does not agree, because having built the fence in advance of the permit deprives the City of the discretion with which to choose, and places a lot of pressure upon those people who have to make the decision to make it in Mr. Wells' favor. Councilmember Cohen stated we still have the right to choose. He stated we should forget the fact that the application was after -the -fact, think about the issue as though the permit is in front of us, and has been appealed because the appellant does not think we should allow the fence to be built. He suggested that if Councilmember Thayer would deny this permit with those set of facts, then vote against it. If, how -ever, she would grant the permit, but the only thing that concerns her is the fence being built before the permit was granted, it is overly punitive at this point to tell him to tear the fence down because he did not get the permit first, particularly if he could then turn around, apply for a permit and be granted it based on this set of facts. Mr. Cohen stated there is nothing in the Ordinance that says Council can punitively assess a fee, and he is concerned about people doing things without a permit, then coming after the fact to get a permit. He suggested one possible approach would be to charge for staff time associated with finding the violation and doing the work related to that, and tacking that onto the encroachment fee. He noted since that is not in place now, we cannot impose that on Mr. Wells. Mr. Cohen stated that earlier tonight Council voted to grant an easement to the Marin Municipal Water District to run a waterline through the Spring Grove open space. The fee the City charged the Water District for a grant fee of easement was $315 because we charged for staff time to process the request. By these figures, that has got to be worth $5,000 or more, and in that case it is a grant deed, not just an easement. Mr. Cohen stated that what we are doing at 49 Harbor Street needs to be consistent with what we are doing in other areas of the City. AYES: COUNCILMEMBERS: Cohen, Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: Thayer ABSENT: COUNCILMEMBERS: None NEW BUSINESS CITY COUNCIL REPORTS: 15.CONSIDERATION OF APPOINTMENT OF COUNCILMEMBER TO MCCMC (MARIN COUNTY COUNCIL OF MAYORS AND COUNCILMEMBERS) LIAISON COMMITTEE TO THE MARIN COMMUNITY FOUNDATION (CC) - File 113 x 226 x 9-1 Mayor Boro asked if any Councilmember would like to volunteer for this position, and Councilmember Heller stated she would. Councilmember Thayer moved and Councilmember Cohen seconded, to nominate Council -member Barbara Heller to the MCCMC Liaison Committee to the Marin Community Foundation. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 16a.REPORT ON FIRE FLOW STUDY GROUP (VERBAL) - File 9-3-31 x 151 Mayor Boro reported on the Fire Flow Study Group, begun by Supervisor Brown several weeks SRCC MINUTES (Regular) 3/7/94 Page 7 SRCC MINUTES (Regular) 3/7/94 Page ago, comprised of Supervisor Brown, Betsy Cutler, Richard Harris, Director of Marin Municipal Water District, Bob Mariani, former Fire Chief of Kentfield and Mayor Boro. Mayor Boro stated they have had two meetings and will meet again next week. They had a presentation from MMWD on the whole issue of fire flow and the capacity of the pipes. Mayor Boro indicated there are about 840 miles of pipe in the County, and about 200 of those miles of pipe are four inches or less and deemed not adequate to fight fires. Some of the pipe that is beyond four inches in size is old, some of it installed as early as 1883, and needs to be replaced. Mayor Boro noted San Rafael spent a lot of effort last year in both the Dominican and Fair Hills area working with the neighborhoods to make their areas safe, and it would be ironic after all the work if there is not enough pressure to fight a fire. He stated the issue is not only the size of the pipes, but also the backup system, stating some of the tanks that supply water to the system used to fight fires are wooden, and there is the potential they could burn in the process. Mayor Boro stated they are looking for two public members to join the Committee. Additionally, they have formed a Technical Advisory Committee made up of Doug Dawson, City Manager of Mill Valley; Tom Campenella from the County; Ron Johnson from MMWD; Ritt Hewitt, San Rafael Battalion Chief who has been appointed by the Fire Chiefs' Association to represent them, a representative of the County Fire Chiefs' Association and a local Fire Chief from Tiburon. Mayor Boro explained at this point, they have made no decisions on how to go forward, they are just defining the issues, the role of the Cities, the role of MMWD, etc. Councilmember Thayer asked if the Water District is amenable to this. Mayor Boro stated that the attorney for the Water District has stated their Charter prohibits them from being financially involved except that as one of the Directors pointed out to the Mayor, as recent as 3-5 years ago, there was a charge on the water bill for fire flow assessment. 16b.LEAGUE OF CALIFORNIA CITIES - NORTH BAY DIVISION QUARTERLY MEETING, THURSDAY, 3/3/94 (VERBAL) - File 9-11-1 Councilmember Heller stated she attended a meeting of the League of California Cities last week, and the speaker spoke on the Local Government Reform Restructuring. She brought the handout to distribute to the Council. The next meeting will be in April, and will be held on the Riverboat in Petaluma. 16c.LOCAL GOVERNMENT REFORM MEETING - WASHINGTON D.C. (VERBAL) - File 9-1 Councilmember Heller reported that she has been invited by Congresswoman Woolsey as a local elected official to go to Washington, D.C., to meet with Vice President Gore and other administration officials to talk about the President's Tough but Fair Crime Bill, at a White House Crime Leadership Briefing. There being no further business, the meeting was adjourned at 11:05 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1994 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 3/7/94 Page 8