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HomeMy WebLinkAboutCC Minutes 1995-02-06SRCC MINUTES (Regular) 2/6/95 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, FEBRUARY 6, 1995, AT 8:15 PM Regular Meeting: Present: Barbara Heller, Councilmember San Rafael City Council David J. Zappetini, Councilmember Albert J. Boro, Mayor Absent: Paul M. Cohen, Councilmember Others Present: Pamela J. Nicolai, City Manager Clark E. Guinan, Assistant City Attorney Jeanne M. Leoncini, City Clerk ORAL COMMUNICATIONS OF AN URGENCY NATURE: iTi/_1aI�I_131.16Z1I/_1II:aP►1101201:311[11aiTilaKO la"' Tir-ll a IN 4111m, Mr. Bill Castellanos, Field Representative of MAPE/SEIU 949, stated this Council is responsible for approving Memorandum of Agreements reached in July or August, 1994, in which the members have benefitted greatly. He asked that the record should show that the Union enjoyed the benefit of the bargaining process as it was then and as it is now, noting they have not had difficulty, nor do they anticipate difficulty in future negotiations. Mr. Castellanos stated the Union supports Item #11 on the Council Agenda this evening, the Child Care Agreement, noting the positive attitude in negotiations between the Union and the City during 1994. He stated he wished Councilmembers could have witnessed these negotiations to see the positive labor relations in the public sector. He stated the recently negotiated agreements all contain a special provision that costs the City no money - language that requires the parties to, within a reasonable period of time after your approval and our ratification, conduct a contract orientation workshop that describes specifically those things agreed to, attended by the bargaining units of the union and managers and supervisors of the City who have primary responsibility for enforcing the provisions of that agreement. He stated the first meeting was held this morning; the second will be tomorrow. Mr. Castellanos stated that this morning complete understanding between the parties was reached and got beyond the issue of differences, and specifically the issue of continued understanding and ways and means of improving communication. Mr. Castellanos stated he will come before the Council again in March or April to report on the, overall concept and evaluation of the workshops since it is new. He stated this is only the beginning of a lot of firsts with this Union and the City. Mayor Boro thanked Mr. Castellanos for his comments. CANAL DEVELOPMENT PLAN (VERBAL) - File 218 x 103 Mr. John Ortega stated it is quite apparent that the City of San Rafael and the Planning staff have no plans or vision to address the Canal area, which has been treated as a leper colony in terms of service from the Planning Department. He stated the people in the Canal are suffering from the consequences of no planning and no political power, and desperately need a comprehensive social and economic plan similar to that of the Fourth Street Vision if San Rafael is to avoid further racial polarization and the conflicts of the inner cities of America. Mr. Ortega stated community development and respect will go a long way to improve the quality of life for everyone. CONSENT CALENDAR Councilmember Heller moved and Councilmember Zappetini seconded, to approve the recommended action on the following Consent Calendar items: SRCC MINUTES (Regular) 2/6/95 ITEM RECOMMENDED ACTION 1. Approval of Minutes of Regular Meeting of Approved as submitted. January 17, 1995, and Special Meeting of January 30, 1995 (CC) 5. Resolution of Appreciation to Marilyn Pecunia, RESOLUTION NO. 9292 - RESOLUTION OF Legal Secretary, City Attorney's Office, APPRECIATION FOR MARILYN PECUNIA, LEGAL Employee of the Quarter Ending December 31, SECRETARY, CITY ATTORNEY'S OFFICE, 1994 - File 7-4 x 102 x 9-3-16 EMPLOYEE OF THE QUARTER FOR THE PERIOD ENDING DECEMBER 31, 1994. 8. Resolution Accepting Grant Deed for Street RESOLUTION NO. 9293 —ACCEPTING Right -of -Way on Bellam and Catalina Boulevards CONVEYANCE OF GRANT DEED FROM SPINNAKER - File 2-5-35 x 5-1-292 POINT DEVELOPMENT, INC. FOR STREET RIGHT- OF-WAY AT BELLAM AND CATALINA BOULEVARDS, SAN RAFAEL, CALIFORNIA. 9. Resolution Authorizing the Director of Public RESOLUTION NO. 9294 — AUTHORIZING THE Works to Execute Contract with W -Trans Consultants SIGNING OF AN AGREEMENT WITH W -TRANS (Whitlock & Weinberger) to Conduct Roadway (WHITLOCK AND WEINBERGER) ROADWAY Capacity Analysis for the 1995 Project Priority CAPACITY ANALYSIS FOR THE 1995 PROJECT Procedure in Downtown/East San Rafael (PW) - File PRIORITY PROCEDURE IN DOWNTOWN/EAST SAN 4-3-289 x 4-3-284 x 115 (PPP) RAFAEL IN THE AMOUNT OF $10,000. 10. Resolution Authorizing Execution of Contract RESOLUTION NO. 9295 — AUTHORIZING THE with W -Trans Consultants for Northgate Traffic SIGNING OF AN AGREEMENT WITH W -TRANS Model (PW) - File 4-3-289 x 4-3-247 x 10-2 x (WHITLOCK AND WEINBERGER TRANSPORTATION, 115 (PPP) INC.), TO PROVIDE TRANSPORTATION MODELING SERVICES FOR NORTH SAN RAFAEL IN THE AMOUNT OF $35,000. 11. Resolution Pertaining to the Compensation and RESOLUTION NO. 9296 - PERTAINING TO THE Working Conditions for Child Care Program COMPENSATION AND WORKING CONDITIONS Personnel Three Year Agreement (11/01/94 FOR CHILD CARE PROGRAM PERSONNEL THREE - through and including 10/31/97) (Pers) - File YEAR AGREEMENT (11/1/94 through and including 7-8-4 x 7-3 x 9-3-65 10/31/97). 12. Resolution Designating Fire Department RESOLUTION NO. 9297 — DESIGNATING FIRE Officers and Employees Who Have Arrest and DEPARTMENT OFFICERS AND EMPLOYEES WHO Citation Authority for Uniform Fire Code HAVE ARREST AND CITATION AUTHORITY FOR Violations, Per Chapter 1.30 of the San UNIFORM FIRE CODE VIOLATIONS. (Fire Chief, Rafael Municipal Code (FD) - File 1-6-4 x Division Chiefs, Chief Officers, Fire Marshal, Deputy 9-3-31 Fire Marshal and Fire Prevention Bureau Inspectors) AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen The following items were removed from the Consent Calendar for discussion: RESOLUTION AUTHORIZING PURCHASE OF MOBILE BREATHING AIR SYSTEM FOR FIRE DEPARTMENT (Fin) - File 4-2-285 x 9-3-31 SRCC MINUTES (Regular) 2/6/95 Councilmember Zappetini asked since this system went over budget, would it be worthwhile to spend additional money to get a bigger and better system that will last longer than the 10 years indicated for this system? Fire Division Chief Woford stated there is one larger unit which would be way above the capacity that is needed, and capacities have no effect on the life of the unit. Councilmember Zappetini moved and Mayor Boro seconded, to authorize the purchase of a mobile breathing air system for the Fire Department and authorize use of equipment replacement funds in the amount of $17,205.88 to offset a deficit between the amount budgeted and the bid price. RESOLUTION NO. 9298 - AUTHORIZING THE PURCHASE OF A MOBILE BREATHING AIR SYSTEM AND THE USE OF EQUIPMENT REPLACEMENT FUNDS (from American Bristol Industries, Inc., in the amount of $47,205.88, and authorized the use of equipment replacement funds in amount of $17,205.88 to offset a deficit between the amount budgeted and the bid price). AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen RESOLUTION AUTHORIZING AN AGREEMENT FOR LEGAL SERVICES WITH LIEBERT, CASSIDY AND FRIERSON (CM) - File 4-3-214 Councilmember Zappetini asked what is the specialty of Liebert, Cassidy and Frierson? City Manager Nicolai stated it is labor relations, noting we have not used them in the last several years, but want to retain their services in the event we will need them. Councilmember Zappetini moved and Councilmember Heller seconded, to authorize an agreement for legal services with Liebert, Cassidy and Frierson. RESOLUTION NO. 9299 - AUTHORIZING THE SIGNING OF AN AGREEMENT FOR LEGAL SERVICES WITH LIEBERT, CASSIDY AND FRIERSON (FROM MARCH 1, 1995 THROUGH FEBRUARY 29, 1996). AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SAN RAFAEL HOMELESSNESS ADVISORY BOARD ANNUAL REPORT (CM) - File 233 x 13-16 x 9-2 Mayor Boro thanked Bob Blumenfeld, Chair and Jean Taylor, Member of the San Rafael Homelessness Advisory Board, who were present, on behalf of the Council and the City, for the efforts of the Board. Councilmember Heller asked if the Board keeps any count of the homeless, whether the numbers are increasing or decreasing and any information about the other homeless boards throughout the County. Bob Blumenfeld, Chair of the Homelessness Advisory Board of San Rafael, stated the number of homeless is difficult to track, and the Day Services Center would have better factual information. He stated that short periods of influx are occasionally noted, but those individuals tend to move on. Mr. Blumenfeld indicated the general homeless population is growing more from within; the fastest growing appear to be families as opposed to single males. Regarding the activeness of other advisory boards or task forces, he stated many are still in the task force phase. He explained that Novato has convened a new task force from their original task force and is close to implementing a more extensive SRCC MINUTES (Regular) 2/6/95 Day Services Center than what they currently have. Southern Marin has a core of the original task force which is still quite active, but they have no funding to implement their ideas. The task force in West Marin has never gotten off the ground; however, recently they have begun taking care of about 20 homeless people on a daily basis. Ross Valley Task Force has moved into an advisory position and is implementing shared housing. The County Homeless Commission is continuing to act within the County. Councilmember Heller moved and Councilmember Zappetini seconded, to accept the report and approve continuation of the Advisory Board for an additional year. AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SECOND READING AND FINAL ADOPTION OF ORDINANCE NO. 1673 - AN ORDINANCE OF THE 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 OF SAN RAFAEL. CALIFORNIA. SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE PD (PLANNED DEVELOPMENT) DISTRICT TO THE PD (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-2.OAKVIEW SCHOOL SITE. 70 SKYVIEW TERRACE. AP NO. 165-010-54) (PI) - File 10-3 x 10-5 x 10-7 x 5-5 x 115 Mayor Boro stated he had read the (staff report) and minutes of the meeting of January 17, 1995, and was prepared to vote on the final adoption Ordinance No. 1673. The title of the Ordinance was read: "AN ORDINANCE OF THE 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 OF SAN RAFAEL, CALIFORNIA, SO AS TO RECLASSIFY CERTAIN REAL PROPERTY FROM THE P -D (PLANNED DEVELOPMENT) DISTRICT TO THE P -D (PLANNED DEVELOPMENT) DISTRICT (RE: Z94-2, OAKVIEW SCHOOL SITE, 70 SKYVIEW TERRACE, AP NO. 165-010-54)" Councilmember Zappetini moved and Councilmember Heller seconded, to dispense with the reading, to refer to it by title only, and adopt Charter Ordinance No. 1673 by the following vote, to wit: AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 7. RESOLUTION APPROPRIATING $5.000 FROM DAVIDSON BEQUEST FOR FRIENDS OF THE LIBRARY COORDINATOR AND EXTENSION OF CONTRACT WITH CAROLINE YOUMANS (Lib) - File 8-20 x 9-3- 61 Councilmember Heller stated this position is well worth the funding from the Davidson Bequest, noting Caroline Youmans has done an excellent job. Councilmember Heller moved and Councilmember Zappetini seconded, to adopt a Resolution appropriating $5,000 from the Davidson Bequest for Friends of the Library Coordinator and to extend the contract with Caroline Youmans for one year. all SRCC MINUTES (Regular) 2/6/95 RESOLUTION NO. 9300 - APPROPRIATING $5,000 FROM THE DAVIDSON BEQUEST FOR COORDINATOR FOR THE FRIENDS OF THE SAN RAFAEL PUBLIC LIBRARY AND AUTHORIZING STAFF TO EXTEND AGREEMENT WITH COORDINATOR, CAROLINE YOUMANS FOR ONE YEAR (to end of March, 1997). AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen SPECIAL PRESENTATION 13. PRESENTATION OF RESOLUTION OF APPRECIATION TO MARILYN PECUNIA. LEGAL SECRETARY. CITY ATTORNEY'S OFFICE, EMPLOYEE OF THE QUARTER ENDING DECEMBER 31, 1994 (CM) - File 7-4 x 102 x 9-3-16 Mayor Boro presented the Resolution of Appreciation to Marilyn Pecunia, Legal Secretary in the City Attorney's Office, noting she has been selected by her peers as the Employee of the Quarter ending December 31, 1994. He pointed out that the Resolution speaks highly of her skills and dedication and her ability to satisfy the needs of all the attorneys in the City Attorney's Office. Marilyn Pecunia thanked the Employee Recognition Committee for selecting her and commended the good job they have done keeping this program alive. She stated that the three attorneys, Gary Ragghianti, Gus Guinan and Eric Davis, are real professionals and make coming to work enjoyable each day. She thanked the Council for the honor. PUBLIC HEARINGS 14. PUBLIC HEARING - CONSIDERATION OF VACATION OF TWO EASEMENT LANES - BAYVIEW TRACT SUBDIVISION NO. I. AP NOS. 12-041-06.07.23 & 24. DENIS MURPHY. OWNER (PW) — File 2-12 x 5-1 Mayor Boro declared the Public Hearing opened. Public Works Director Bernardi explained that tonight's action is the final step in the abandonment of the two easements. He noted there is no reason for the City to have any interest in these easements, and staff recommends the Resolution be adopted. Councilmember Heller asked if any correspondence had been received regarding the easements, to which Mr. Bernardi replied there had not. Councilmember Zappetini asked if the letter attached to the staff report had been addressed, and Mr. Bernardi responded affirmatively. Mayor Boro asked if there were any comments from the audience. As no one wished to speak, Mayor Boro declared the Public Hearing closed. Councilmember Zappetini moved and Councilmember Heller seconded, to adopt the Resolution to vacate two easement lanes, Bayview Terrace Subdivision No.1. RESOLUTION NO. 9301 - ORDERING THE CLOSING, ABANDONING AND VACATING OF TWO EXISTING EASEMENT LANES - BAYVIEW TRACT SUBDIVISION NO.1. SRCC MINUTES (Regular) 2/6/95 AYES: COUNCILMEMBERS: Heller, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen 15. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ADDING CHAPTER 11.05 TO TITLE 11 OF THE SAN RAFAEL MUNICIPAL CODE CLARIFYING DUTY OF PROPERTY OWNERS TO THE PUBLIC AND TO THE CITY. TO MAINTAIN AND REPAIR SIDEWALKS ABUTTING THEIR PROPERTY (CA) - File 11-7 x 9-3-16 x 9-3-40 Mayor Boro declared the Public Hearing opened. Assistant City Attorney Guinan explained that under the Streets and Highways Code, cities are permitted to assess abutting property owners for the repair and maintenance of sidewalks, noting this is a practice that our Public Works Department has used over the years. He stated this Ordinance will formalize that procedure by adopting it into the Municipal Code, even though such adoption of the procedure into the Code is not necessary in order to be used. Also, it will attempt to transfer liability for personal injury to sidewalks in disrepair to the abutting landowner. Mr. Guinan stated the transfer of liability is based upon two cases which have indicated in a negative way that, in circumstances where a city has attempted to cross -complain to abutting landowners for injuries suffered by users of the sidewalk in disrepair, for contribution for the liability to an injured individual, courts have found that where a city ordinance has not transferred that liability, such liability cannot be found. He explained the attempt of this ordinance is to transfer the liability. As a practical matter, what it will do is provide an ordinance which satisfies the legal requirements of those cases to tender to the abutting landowners homeowners' insurance carrier to help contribute to any settlement that we have to both render to an injured third party. Mr. Guinan stated this ordinance was first suggested to the Risk Management Committee, composed of the Assistant City Manager, himself, several department heads and ICA (Insurance Consulting Associates), our Risk Management consultant firm. Mr. Gordon Templeton of ICA, who has worked with other cities, presented to Mr. Guinan a copy of the ordinance adopted by Petaluma, which was passed several years ago, and which is in effect and accomplishes this goal. Since that time, Mr. Guinan stated he has researched through the League of California Cities and determined that the policy behind this transference of liability differs from city to city, but there are many cities, including Sacramento and San Jose, that have enacted similar ordinances to this. Mr. Guinan stated we receive approximately 10-15 trip and fall sidewalk claims per year, averaging from $15,000 - $25,000 per year for the past 16 years, noting this figure does not include in-house costs, attorneys' fees, ICA, administrative fees, etc. He noted this is an attempt to provide another vehicle by which we can find additional resources to try to correct some of the problems that we know we do not have the hard resources to go out and start doing. Public Works Director Bernardi pointed out this does not relieve the City from liability as far as damage from city - maintained street trees. That liability clearly rests with the City. He noted that the current process is to refer directly to Streets and Highways Code Section 5600, and while we stand on firm legal ground, if it were to be challenged ultimately, it would be better for the City if we had an ordinance of our own, even if it mimicked what was in the Streets and Highways Code. Councilmember Zappetini asked for clarification of the City's right-of-way being 36 feet back from the center of the street. Mr. Bernardi stated that is correct, and the sidewalk is clearly within the City right-of-way. He indicated the Streets and Highways Code says that the abutting property owner is responsible to maintain that sidewalk in front of the property. The sole exception, which is more of a policy than anything else, is that when a city's street tree in a property owner's front lawn damages the sidewalk, then it is the city's responsibility and not the owner's. Mr. Zappetini clarified that his house, 6 feet back from the edge of the curb, is where the right -of way is, but his responsibility would be still at the curb. Mr. Bernardi stated that is correct. 11 SRCC MINUTES (Regular) 2/6/95 Councilmember Heller asked if the liability is only on concrete sidewalks or if it also carries over to areas where there are no sidewalks. Mr. Bernardi stated the liability would be on whatever is in front of the property. If it was a dirt path, the owner would have the responsibility to ensure there were no chuck holes, tripping hazards, etc. Mr. Guinan pointed out that the definition of a sidewalk in the Streets and Highways Code includes dirt paths. He also stated that though the City would be enacting ,this ordinance, it does not change the financial responsibility under the Improvement Act of 1911 in Streets and Highways Code 5600, which does empower the city to require the financial repair responsibility on abutting landowners. Mr. Bernardi read from Section D of the Streets and Highways Code 5600, page 2, the definition of sidewalk and sidewalk areas also refers to ... "the edge of pavement of the traveled way and the property line". He noted it does not refer specifically to a concrete area, but rather from the edge of the road to the property line. Mr. Cyr Miller, 125 Greenfield Avenue, stated that the genesis of the ordinance is the cost of liability for accidents on sidewalks and the city's reduced revenues, together with the necessity of creating financing and diminished resources. However, he stated he feels that the substance of the ordinance and the process of the enactment is lacking. He stated the ordinance is anti-government and shifts duties and responsibilities from local government to property owners. Local government is the proper entity to be responsible for sidewalks and public right-of-ways and should maintain the responsibility. Mr. Miller stated the ordinance is self -duplicative and simply mimics the present State codes for streets and highways. He suggested taking funds from legal services to repair the sidewalks in order to avoid accidents and claims. He stated he believes the ordinance is discriminatory because it places a burden on those who have sidewalks, and asked why the property owner cannot exercise the option of whether or not to have a sidewalk. He stated that to be fair to the property owner, he should be allowed to tear up the sidewalk if he or she does not have the funds or ability to maintain the liability. Mr. Miller stated he also has a problem with the process, noting this has the appearance of a small group solving budget problems on the back of the property owner. He stated a legal notice in the newspaper is not enough to gain the trust of the citizens. He stated the Federation of Neighborhoods did not even know about this ordinance until this afternoon, and noted the Federation neighborhoods cannot be here this evening because it did not have time in order to follow its by-laws to be here. For this reason, Mr. Miller stated he is speaking rather than Tom Obletz, President of the Federation of Neighborhoods. Mr. Miller stated he recommends against the ordinance at this time, both because of its substance and also because of the process. However, he stated if the Council chooses to go forward with it, he is empowered to offer the City the auspices of the Federation to contact by mail and by telephone, not only its member organizations, but every homeowner and neighborhood association south of the hill if the City will provide a copy of the notice and staff report one week before the hearing. Ms. Teresa Cox, speaking on behalf of the Gerstle Park Neighborhood Association, as well as expressing the comments of Sally Kibbee, stated they are objecting to the ordinance until the neighborhood has an opportunity to examine the current Streets and Highways Codes and the new ordinance. As no one else wished to speak, Mayor Boro closed the Public Hearing. Mayor Boro clarified that no new law was being adopted, but rather the Council would be adopting what is already there. Mr. Guinan agreed. Mayor Boro asked if the question regarding the definition of sidewalks addressed Mr. Miller's suggestion of discrimination. Mr. Bernardi stated that it did. Mayor Boro used the analogy of the water line to the meter being the responsibility of the water department and anything from the water meter back being the responsibility of the homeowner, noting the same is true for the homeowner being responsible for the sidewalk. He emphasized the conditions in the ordinance are already existing. Mr. Bernardi explained that if someone calls the Public Works Department regarding a defective sidewalk, they inspect it. If not damaged by a City tree, a form is completed giving the property owner 10 days to repair the sidewalk. If it is not done, the City has the ability through the Streets and Highways Code to effect the repair, then pass the cost on to the property owner. Mayor Boro asked, if someone tripped on a sidewalk not due to a tree problem, who is liable today, Mr. Guinan stated that, generally SRCC MINUTES (Regular) 2/6/95 speaking, the City normally gets sued first. Depending on the circumstances, the City will tender a cross-claim to the abutting property owner. Mr. Guinan stated the cases previously alluded to seem to indicate that tender alone, absent having an ordinance in place transferring the duty to third parties to maintain a safe sidewalk, a tender to an abutting landowner would probably be denied by an appellate court. If the person who owns the abutting land has changed the sidewalk or the parkway strip between the curb and the sidewalk, and the changes become defective, that would be considered an act of negligence on the part of the landowner. In that case, we could, regardless of whether the ordinance is passed or not, pursue a claim against the abutting landowner. Mayor Boro asked if a claim came in as a result of a sidewalk trip and fall, and a City street tree was not at fault, would it go against the property owner and insurance company. Mr. Guinan stated that normally, if there appears to be grounds for liability and not having an ordinance in place, ICA will tender a claim to the homeowners' carrier, noting there have been several instances where that has proved successful. By having this ordinance adopted, it would provide ICA with legal grounds to go to the homeowners' carrier to contribute to the settlement. Mr. Bernardi noted that 90 percent of the claims are due to street trees. Only one in the past year was due to a defective sidewalk caused by a tree that was not a City tree. City Manager Nicolai stated this ordinance is attempting to clarify what we are already doing; the sidewalks are already the responsibility of the property owners unless the problem is caused by our street tree. She stated it will not change our taking care of a problem if it is caused by a street tree. Mayor Boro pointed out that staff has met the legal notification, but suggested this item be continued and brought back with a report that addresses the issues discussed this evening, and for the City to notify the homeowners' associations, as well as all other legal notifications. Councilmember Heller agreed that it should be clarified with the neighborhood groups. Councilmember Zappetini agreed. Mr. Bernardi suggested that either he or Mr. Guinan be contacted by the neighborhood associations if they have any particular questions or concerns regarding this issue. Mayor Boro continued the Public Hearing to a date uncertain. It will be brought back to Council after further clarification and be renoticed, including homeowners' associations, when a new date is set. OLD BUSINESS 16. REQUEST FOR AUTHORIZATION TO CALL FOR PROPOSALS ON DATA PROCESSING STUDY (CM) — File 9-2-48 x 4-3-117 City Manager Nicolai stated that during the budget process, the Council had requested the Budget Oversight Committee (BOC) to look at the data processing function. At that time, they recommended the City continue the contract with BRC (Business Records Corporation) for a two year period, and during that time we get a consultant to look at our computing infrastructure needs for the next 3-5 years. The subcommittee of the BOC has drafted a Request for Proposal (RFP). Ms. Nicolai stated tonight they are requesting authorization to send the RFP out with the hope that there is a qualified candidate who may do the consulting for free. After reviewing the proposals, a determination will be made whether to pursue this further and make it a part of the budget process. Mayor Boro noted one outcome missing from those listed in the RFP was to continue with BRC. He asked if that would be an option and also what if the consultant indicates high-cost needs when we do not have the money to do anything about it. He asked what we are hoping to gain from this study. Ms. Nicolai stated the consensus of the BOC, as well as the data processing subcommittee, has been that continuing with BRC might be one of the conclusions. She indicated the feeling of Member Gerald de Kerchove was that it might be necessary to spend a lot more money in the data processing area. Ms. Nicolai stated that when the Council originally asked the BOC to look at this area, they felt comfortable to a certain extent, in doing an overview and were impressed with BRC and what they are doing, Ej SRCC MINUTES (Regular) 2/6/95 and felt we are getting our money's worth. She stated they did not feel comfortable getting anymore indepth, noting the one thing they thought was lacking was the roadmap of where we are going to go and are we really evaluating all of the state-of-the-art options available. Ms. Nicolai stated there was no intention by the BOC or the subcommittee to predetermine the outcome; they just felt it would be good to have this area looked at from the outside to see which directions we could or might want to head in the next 3-5 years. Mayor Boro asked if a consultant comes up with a plan of what we should do, will they also come up with what the downside would be if we do not do it? Ms. Nicolai stated she assumed they would. She also hopes they will indicate if there are things we are doing now that could be done more cheaply another way. Mayor Boro asked if the BOC has considered surveying other cities of comparable size in the Bay Area as to what they have done and how it has worked for them. Ms. Nicolai stated the Hughes-Heiss Report looked at our data processing function and how it compares to other sectors, and we are in the middle. Member Dennie Dyer, Budget Oversight Committee, agreed with the comments made by Ms. Nicolai. He indicated the Committee has already looked at what other cities do. He stated BRC contracts with other cities as well, and it appears they are the company providing this service to communities. BOC is looking for an independent person who is technically qualified, to look closely at data processing, noting the field changes so dramatically. They want to see if BRC is doing too much, or not enough in some areas and are there other companies that might provide a similar service and can bid on a contract. Mayor Boro asked if we are going to look at the in-house mainframe system including the Personnel and Finance systems, or are we also going to pursue the Fire and Police Department systems? Ms. Nicolai stated there are multiple ways this interconnection or consolidation of systems could be achieved. Mayor Boro asked how much of the internal tracking of the public safety systems are performed by BRC today, such as when they are out in the field and report in and their record-keeping? Ms. Nicolai stated that is the BRC system. The step where they connect into other data banks through the County or State interfaces with the BRC system. Councilmember Heller asked if there was any kind of a list the RFP would be sent to. Ms. Nicolai stated they were putting one together, as well as they will do normal advertising to ensure others know. Mayor Boro asked Mr. Dyer to pass on to the Budget Oversight Committee the Council's thanks for their effort. Council unanimously agreed to request proposals for data processing study, without motion. 17. CITY COUNCIL REPORTS: LEAGUE OF CALIFORNIA CITIES (VERBAL) - File 9-11-1 x 9-1 Councilmember Heller reported on her attendance at the quarterly meeting of the League of California Cities Northern Division on January 5, 1995, noting the newly elected mayors and councilmembers were introduced. She stated they voted to increase dues by 2.5 percent. The program was a presentation of planning philosophies of each of the four counties in this division. The next meeting is scheduled for March 2, 1995. There being no new business, the meeting was adjourned at 9:20 PM. rl ean,na. Jic . �z�n.c ini JEANNE M. LEONCINI, CITY CLERK APPROVED THIS DAY OF , 1995 MAYOR OF THE CITY OF SAN RAFAEL