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HomeMy WebLinkAboutCC Minutes 1994-07-18SRCC MINUTES (Regular) 7/18/94 Page 1 IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 18, 1994, AT 7:00 PM Regular Meeting: San Rafael City Council Present: Albert J. Boro, Mayor Paul M. Cohen, Councilmember Barbara Heller, Councilmember Joan Thayer, Councilmember David J. Zappetini, Councilmember Absent: None Others Present: Pamela J. Nicolai, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBERS Mayor Boro announced in Open Session that the City Council would be going into Closed Session to discuss the following Closed Session items: 1. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 a. Conference with Legal Counsel - Existing Litigation Initiation of litigation pursuant to Government Code Section 54956.9(a): ■ Case name: McLemore v. County of Marin, City of San Rafael, Marin County Superior Court Case No. 156219. b. Conference with Labor Negotiator (Government Code Section 54957.6) Negotiators: Suzanne Golt/Austris Rungis/Daryl Chandler Employee Organizations: ■ San Rafael Police Association ■ San Rafael Firefighters' Association ■ M.A.P.E. ■ Police Mid -Management Association The City Council then met in Closed Session in Conference Room 201 to discuss the above- mentioned items. IN THE COUNCIL CHAMBERS OF THE CITY OF SAN RAFAEL, MONDAY, JULY 18, 1994, AT 8:00 PM - OPEN SESSION RE: CLOSED SESSION ITEMS la.McLemore v. County of Marin, City of San Rafael City Attorney Ragghianti announced that no reportable action was taken. lb.Conference with Labor Negotiator Mayor Boro announced the City Council will reconvene at the end of the Council meeting to discuss Labor Negotiations. ORAL COMMUNICATIONS OF AN URGENCY NATURE RE: REQUEST TO IMPLEMENT A NON -SOLICITATION ORDINANCE - File 231 x 218 x 9-1 Mr. Rick Oltman urged Council to adopt a Non -Solicitation Ordinance without further delay, now that the Agoura Hills lawsuit has been upheld in court. Mayor Boro noted the Ordinance would not prevent the men from standing on the street, but it would prevent people from stopping. He added that Agoura Hills had admitted that fact. He stated there is an expectation that the Ordinance would prevent people from standing on the street, and it will not. He stated it really comes down to a safety issue. He noted the Ordinance is directed more at the people who stop to hire, and not at the people who are standing there. Mr. Oltman noted that the Ordinance prohibits men standing on the street soliciting work from passing motorists, as well as prohibiting the passing motorists from soliciting the men. CONSENT CALENDAR Councilmember Heller moved and Councilmember Zappetini seconded, to approve the SRCC MINUTES (Regular) 7/18/94 Page 1 SRCC MINUTES (Regular) 7/18/94 Page 2 recommended action on the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Adjourned Regular Approved as submitted. Meeting of September 8, 1993 and Regular Meeting of July 5, 1994 (CC) 4. Monthly Investment Report (Fin) - File 8-18 x 8-9 Accepted report. 7.Approval of Agreement with County of MarinADOPTED RESOLUTION NO. 9172 - for $2,000 Contribution to Sun Valley Park AUTHORIZING SIGNING OF AGREEMENT (Rec) - File 4-13-89 x 9-3-65 x 9-3-66 WITH COUNTY OF MARIN FOR A $2,000 CONTRIBUTION TO SUN VALLEY PARK 8. Resolutions Pertaining to the Compensation and Working Conditions for: (Pers) - a. Management and Mid -Management Personnel - File 7-4 b. City Manager - File 9-3-11 x 7-4 C. Police Mid -Management Personnel File 7-8-3 x 7-4 d. Part-time Personnel - File 7-3 a. ADOPTED RESOLUTION NO. 9173 - AMENDING RESOLUTION NO. 8822 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR MANAGEMENT AND MID -MANAGEMENT EMPLOYEES (EXCLUDING POLICE MID - MANAGEMENT CLASSIFICATIONS) (2 year agreement 7/1/94 - 6/30/96) b. ADOPTED RESOLUTION NO. 9174 - AMENDING RESOLUTION NO. 8823 PERTAINING TO THE SALARY OF THE CITY MANAGER (2 year agreement 7/1/94 - 6/30/96) C. ADOPTED RESOLUTION NO. 9175 - AMENDING RESOLUTION NO. 8824 PERTAINING TO THE COMPENSATION AND WORKING CONDITIONS FOR THE SAN RAFAEL POLICE MID -MANAGEMENT ASSOCIATION (2 year agreement 7/1/94 - 6/30/96) d. ADOPTED RESOLUTION NO. 9176 - AMENDING RESOLUTION NOS. 7927 AND 8434 WHICH PERTAIN TO COMPENSATION FOR PART-TIME, TEMPORARY, INTERMITTENT AND SEASONAL WORKERS 9. Legislation Affecting San Rafael (CM) - Approved staff recommendation to File 9-1 support SB302 (McCorquodale) re Graffiti Abatement. AYES: COUNCILMEMBERS: Cohen, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAINED: COUNCILMEMBERS: Heller & Zappetini, from the minutes of September 8, 1993 only, since they were not on the City Council at that time. The following items were removed from the Consent Calendar for discussion: 3.REPORT ON BID OPENING AND AUTHORIZATION TO PURCHASE ONE NEW 1994 SEWER CLEANING MACHINE (FIN) - File 4-2-283 Councilmember Zappetini noted that in the staff report, one of the reasons the low bid was not accepted was that the bid did not meet the specifications required, and the basic premise was that there was a difference in the type of pump they were using. He asked for a further explanation. David Bernardi, Public Works Director, responded that there were 20 issues where the individual firm did not meet the specifications, noting staff highlighted the biggest issue. Some of the other issues dealt with the requirement that they have an aluminum tank versus a polyethylene tank. We wanted an aluminum tank, primarily because of the ultraviolet rays and the fact that the polyethylene tank would deteriorate and we would have the cost of replacing the tank. Another issue is that when the whole unit raises up to dump the grit which is picked up, we did not want to SRCC MINUTES (Regular) 7/18/94 Page 2 SRCC MINUTES (Regular) 7/18/94 Page 3 have the water tank attached to the part of the unit that raises up, primarily because when you would raise a 1,500 gallon tank of water up in the air with hydraulic pistons it would become very top heavy and it would create an undesirable situation. We specified that the tank had to stay on the truck and that only the unit which collected the grit would raise up. This particular firm would have had the tank raising up. Mr. Bernardi further explained that the reason staff specified the particular pump is because you do not have to take it apart in order to change the pressure. We have different size pipes and therefore need to have different pressures to operate, and move the material inside the pipe. He explained that if you have to take the pump apart every time you do that, it takes about three to four hours each time. That would result in considerable lost time. With the pump which was specified, the operator simply adjusts a knob on the side of the control tank. Councilmember Zappetini noted that the staff report only referred to the pump, and that he was concerned if there was a $20,000 difference just because of the pump, which is why he asked for the clarification. Mayor Boro noted the staff report also mentioned that the fan type system was the major reason. Mr. Bernardi replied that is another reason. He stated that next time he will furnish the Council with all of the background paperwork. Councilmember Thayer inquired, when we allocate funds for a specific item of equipment and we get it for less than anticipated, what happens to the surplus funds in that account? Ransom Coleman, Finance Director, responded that there are no funds isolated per vehicle, so if we spend more money on a vehicle than anticipated it comes out of the fund, and if we spend less that amount comes out of the fund. It is not earmarked for any specific vehicle. The surplus in this case will just remain in the fund. Mayor Boro inquired, is part of this reimbursed by the Sanitation District? Mr. Bernardi explained that the Sanitation District does share the expense of this equipment. He does not recall how much the District is putting into this particular piece of equipment, because it does share the use with the City. Mayor Boro asked could we assume, then, that this amount will be adjusted downward? Mr. Bernardi stated it will, but he does not know how much, and Mayor Boro asked him to come back to the Council with the figures. Councilmember Cohen moved and Councilmember Zappetini seconded, to adopt the Resolution rejecting the bid of 3-T Equipment Company and accepting the bid of GCS, Inc., for the purchase of one new sewer cleaning machine. RESOLUTION NO. 9177 - REJECTING THE BID OF 3-T EQUIPMENT COMPANY AND ACCEPTING THE BID OF GCS, INC., FOR PURCHASE OF ONE NEW SEWER CLEANING MACHINE (Price of $167,204.87) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 5.AUTHORIZATION TO CLOSE THE SAN RAFAEL PUBLIC LIBRARY FOR CHANGE -OVER TO NEW LIBRARY AUTOMATION SYSTEM (Lib) - File 9-3-61 X 4-13-83 Councilmember Zappetini inquired about the closing of the San Rafael Library being coordinated with the other libraries who are involved, and are all of the others going to be closed over the one weekend? Vaughn Stratford, Library Director, explained that the change -over will be accomplished over one weekend, and it will take from Friday night through Monday night. They are hoping to have the new system running by Monday afternoon so they can test it. It will take that long to transfer, or "migrate", all of the data and the transactions. He noted the data has already been entered, and he explained the process they are going through presently. He stated they will have the best data base they can, on the new system. Councilmember Zappetini moved and Councilmember Thayer seconded, to authorize staff to close the Library for change -over to a new library automation system. AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None SRCC MINUTES (Regular) 7/18/94 Page 3 SRCC MINUTES (Regular) 7/18/94 Page 4 6.EXTENSION OF TIME AND STATUS REPORT FOR SUBDIVISION IMPROVEMENTS - BAYWOOD TERRACE SUBDIVISION (PW) - File 5-1-314 x 9-3-40 Councilmember Cohen stated he has discussed this issue repeatedly with the City Attorney and, while he has no legal conflict of interest on this issue, there are conditions which could create the appearance of a conflict, and it has been his practice with this issue in the recent past to remove himself from the discussion. Councilmember Cohen then left the Council Chambers. Councilmember Thayer noted there has been much concern on this piece of property because of its unsightly mess in the neighborhood, and also because of some of the hazards of the unfinished construction on the site. She asked, why should we allow them to continue with this? If we do not grant this extension then that project will be subject to Hillside Development Standards if it should come back. In other words, by giving them this extension it enables whoever develops the property to circumvent those standards, and she would like the Council to consider this very carefully before granting this extension. David Bernardi, Public Works Director, stated he has just been talking to Robert Pendoley, Planning Director, and he said that the time extension is for completion of the public improvements. The Final Map has already been recorded, so the project would not be subject to the Hillside Design Guidelines. He explained that what the Council is doing by extending the time is providing that the developer will continue to provide the insurance and liability coverage for the City until the improvements are deemed complete by the City. He added that everything else is basically locked in. Councilmember Heller inquired, are there no development plans on the property at this time, and what we are talking about is just keeping up the basic improvements so that it does not deteriorate further? Mr. Bernardi replied that is correct. Robert Pendoley, Planning Director, stated that the question before the Council is the agreement for constructing improvements - streets, drains, and such items. However, there is an approved Tentative and Final Map on this project, and that is fully vested, and that is why this project is not subject to the Hillside Standards, unless they propose a new Map. However, at this juncture that is not before the City. Mayor Boro inquired what is the incentive, at this stage, for the City to extend the time for the subdivision improvements when we have a series of letters here from the Bret Harte Homeowner's Association about the ongoing problems which seem to continue? He asked, why do we not just set the time and have it done? It is their responsibility to maintain it. Not only have they not been doing improvements, they have not been maintaining the existing things we have asked them to do, such as clearing the brush and the drainage. He stated perhaps it has been done now, but when this series of letters were written it had not. He stated it does not seem we will get these people to do that work by continuing to give them extensions on the improvements. Mr. Bernardi referred the Council to a letter dated June 30, 1994, from the company which is basically the holding company for the owner, McMorgan & Company. They have indicated they have installed Phase I landscaping and are keeping the site clean and secure, and are in contact with Mr. Art Knudsen, to monitor the slight cracking in the streets by Lots 5 and 6. He stated that, in his opinion, they are monitoring the site, and there are some cleanup issues they still need to resolve, but for the most part they seem to be demonstrating an effort to cooperate with the residents in the area, and are trying to be good neighbors. He added that as long as the site remains undeveloped, and until it becomes feasible to build residential units there, there is going to be a constant maintenance problem. Every Spring and Summer they are going to have to go in there and cut the weeds and do the fire breaks, until the individual property owners take it over. He stated that will be an ongoing issue, and really has nothing to do with the Subdivision improvements. If we gave them a deadline to complete all of the Subdivision improvement work and formalize that, there would still be these other issues they were responsible for, and we would then deal with them through our Nuisance Abatement Ordinance, which is a public nuisance process. Mayor Boro inquired if they have cleared the brush and Scotch Broom this year? Mr. Bernardi replied he does not know, since he has not been up on the site, but he knows they were working on it, and were talking with Brian Waterbury of the Fire Department in that regard. Councilmember Thayer inquired, did they winterize the site to take care of the potential slides? Mr. Bernardi stated he is not sure. Councilmember Zappetini stated he might be in conflict regarding this project, and would like a clarification. SRCC MINUTES (Regular) 7/18/94 Page 4 SRCC MINUTES (Regular) 7/18/94 Page 5 Gary Ragghianti, City Attorney, stated that Councilmember Zappetini had mentioned to him before the meeting started that he was a sub -contractor to the general contractor who apparently installed some of the improvements on the site. He stated he understands that the property has gone through foreclosure since that time, but in the interest of caution, he has advised Councilmember Zappetini to abstain from participating in this item. He should step down. Mayor Boro asked Councilmember Zappetini to leave the Council Chambers. Mayor Boro stated he would like staff to come back at the next meeting with an update on the issues discussed, and let us know the current status of the maintenance. He would also like to know the pros and cons of not approving the extension of the (subdivision) improvement agreement. He stated it seems that this would be the only leverage we have at this point with the applicant and, at least before the Council approves the extension this year, he would like to see everything cleaned up. Councilmember Heller concurred with the concerns expressed. Councilmember Thayer moved and Councilmember Heller seconded, to carry this item over to the next meeting of the City Council. AYES: COUNCILMEMBERS: Heller, Thayer & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Cohen and Zappetini (Cohen due to potential conflict of interest, and Zappetini due to conflict of interest) Councilmembers Cohen and Zappetini returned to the meeting. 10.PUBLIC HEARING - SECOND HEARING TO CONSIDER PROPOSED ASSESSMENT INCREASE RE BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT (PW) - File 6-48 x 5-1-292 Mayor Boro announced that this is the second hearing to consider proposed assessment increase regarding the Baypoint Lagoons Landscaping and Lighting District. He noted there is a staff report recommending continuance of the hearing. David Bernardi, Public Works Director, stated that is correct. The only change staff would recommend to the Council is that if the developer is here, he has not had a chance to address the Council, and he would recommend he be given a moment to address the Council. He has submitted a written statement, however. Other than that, staff would recommend that the Public Hearing be continued. Mayor Boro declared the Public Hearing opened. He asked if there is someone present representing the developer, who would wish to address the Council tonight. No one came forward. Mayor Boro asked Mr. Bernardi if it was a new occurrence that the developer was going to file this protest and that is what is causing the delay? Mr. Bernardi replied that is correct. Staff wanted to have enough time to evaluate it and make sure that what he was proposing was appropriate, and then be able to deal with the consequences of his actions. Councilmember Heller noted there were two letters received, one from Spinnaker Point and the other from Hendricks & Horne, and they both have the same paragraph asking that this be competitively bid out. She asked Mr. Bernardi to address that issue in his report. He agreed. Mayor Boro stated that the Public Hearing will be continued to the meeting of August 1, 1994, and asked for a motion to adopt the Resolution to continue the Public Hearing. Councilmember Cohen moved and Councilmember Thayer seconded, to adopt the Resolution continuing this item to the City Council meeting of August 1, 1994. RESOLUTION NO. 9178 - CONTINUING HEARING AND CONSIDERATION OF ALL MATTERS TO AUGUST 1, 1994 - BAYPOINT LAGOONS LANDSCAPING AND LIGHTING DISTRICT, CITY OF SAN RAFAEL, MARIN COUNTY, CALIFORNIA (Pursuant to the Landscaping and Lighting Act) AYES: COUNCILMEMBERS: Cohen, Heller, Thayer, Zappetini & Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ll.STATUS REPORT ON RADIO SYSTEM FOR POLICE DEPARTMENT (PD) - File 4-2-242 x 9-3-30 Robert Krolak, Police Chief, briefed the Council, stating that during the budget hearings Councilmember Thayer had asked that he give a status report and update to the Council SRCC MINUTES (Regular) 7/18/94 Page 5 SRCC MINUTES (Regular) 7/18/94 Page 6 regarding the radio system. He has prepared a report which is before the Council and is prepared to answer questions. Mayor Boro stated that, for the benefit of the audience, there is a series of recommendations and he would like Chief Krolak to summarize some of the highlights, and give his current recommendations to the Council. Chief Krolak stated that E.F. Johnson Company (EFJ) continues to have difficulty in trying to isolate what the particular issues are which are causing the problems within the system. Last Thursday they sent a technician out and he has been here throughout the weekend and will remain here this entire week. He has been working on some of the issues identified with the console of the radio, and he has also been working with several of the dispatchers while they are working so he can adjust the audio level to something which is reasonable for them, and which they can tolerate. He noted that has been one of the continuing problems. The audio fluctuates, and they cannot seem to control it. It happens without the dispatchers necessarily having done anything. The EFJ representative will stay in the room with the dispatchers so he can address any other problems as they arise, and give them any training which may possibly be necessary. Mayor Boro inquired about the mobiles and the portable radios, which were supposed to be working properly by September 1, 1994. Chief Krolak noted that several meetings ago he had come to the Council and asked for authority to send all of the mobiles and all of the portables back to the EFJ factory so the factory people could go through every one of the radios and make sure they are brought up to factory specifications. That was approved by the Council, and he is in the process right now, and the maintenance people feel they will have all of the radios done by September 1. EFJ has been trying to find additional loaner radios for both the portables and mobiles, to help us get through this period. He noted the factory is in Minnesota. There is about a 3 to 5 day turnaround, and then the maintenance people have to reinstall them. Chief Krolak noted that EFJ has been very reluctant to say that from their perspective they want to give certification verbally that the system should be working, because that one component, the mobile and portable radios, is still unknown. They do not know if any of these problems which are existing are because of that particular issue. Chief Krolak noted that EFJ had not been able to identify all of the problems by April 1, 1994, as they had hoped, partially because in their inspections they had identified 9 more issues which were other problems and they have been working on these as well. Chief Krolak stated what he had asked them to do is make sure that their work is done in conjunction with the mobiles and portable radios by September 1st, and then hopefully the system will be a complete system and from their perspective OK. We will then test it for a couple of months and see what happens. Chief Krolak noted that in his staff report he had referred to employee satisfaction, whether or not these issues which were never really resolved have resulted in the employees not having confidence in this system. Mayor Boro recapped, that between now and September 1st they will complete their physical work as well as the software work, and then you are hoping for a two-month period to evaluate and review. At that point will they supposedly certify that the system is working? Chief Krolak responded that he is asking them to certify that the system is working by September 1st. All the work should be done, so they should certify that it is operational. We would then take a couple of months to actually use it and see if, in fact, that is so. Mayor Boro stated we would then have some measurement from September to November to make sure that what they said has been fixed has actually been fixed. What recourse do we have, if we find some of the things have not been fixed? Chief Krolak responded he is not sure, but that period would give us time to seek alternatives. He noted that one of the things he had done after they first came to Council in January on this issue, they had meetings with a couple of consultants and members of the Police Association. It was agreed that we would go out and alternatively seek some other frequencies which we might then use as an alternative, were this system not to become operational for us. He stated that in talking to the consultant who was looking for the frequencies, we will not really know if they would be available for our usage until some time in February of 1995. There is not much of an alternative between now and then. Councilmember Zappetini noted there had been 8 basic issues, and when they got into them they found 9 more. He asked how many of those 17 issues have been corrected? Chief Krolak responded that several have been corrected. Some of the other issues they identified are issues which they feel are features which they do not market, and have no intention of marketing in the very near future. He explained that there were 2 to 4 of those which they identified as features which they have no immediate intention to market. Councilmember Zappetini expressed concern about EFJ not being able to identify the cause of the problems and asked if the problems happen spontaneously. SRCC MINUTES (Regular) 7/18/94 Page 6 SRCC MINUTES (Regular) 7/18/94 Page 7 Chief Krolak responded that they do, and it is difficult to relate the problems back to the hardware or software. Councilmember Zappetini inquired does EFJ have their systems in other jurisdictions which are working, and do they have the same problems? Chief Krolak responded, yes they do, but each system is a little different because of the placement of equipment, and the hillsides and other factors. There are no two systems which will ever be identical. Councilmember Zappetini noted that in the staff report there was a statement about a future alternative being to convert to a conventional system. He asked what does that mean? He noted that would require purchase of new equipment, and asked if there is a budget for that, and what would it cost? Chief Krolak responded that specifically, going back to a conventional system would mean going back to a system similar to the one we had before we ventured into this new system. The estimates for that change would be around $100,000, however that is only a rough estimate. Councilmember Zappetini asked is there any way to speed up this time line, since it seems as though it has been dragging along. Chief Krolak stated they have a problem with sending back the radios and keeping enough of them to be able to operate. Councilmember Zappetini stated he noted from the report that some dispatchers have been having trouble with the fluctuating sound, and asked if the City is responsible for the Workers Compensation, or would we have recourse against EFJ for a defective product? Chief Krolak replied he does not know, but if employees feel they have work-related injuries they would file a Workers Compensation form with the City Manager's office and it would be handled like any other. Councilmember Zappetini stated he would like to hear from the City Attorney if we have some legal recourse because of the way these issues have been dragging on. Mayor Boro stated the City Attorney can look into it, and come back to the Council. Councilmember Cohen inquired about the two features mentioned by Chief Krolak, out of the 17 original items, are features which EFJ included but which they no longer offer. Chief Krolak explained that they are features which they, as a company, do not market and never did. They had those features available through a third party providing the software, and they do not intend to market them in the future. Councilmember Cohen inquired are they features which we did not specify or are referenced in the contract documents as paying for? Chief Krolak responded they were not in the original design. He explained they had originally designed the contract to provide a particular console software, and in the meantime, after being awarded the contract, decided basically to upgrade it, and provided something they felt was much better than the City had actually requested. Then, after working with the system and trying to get it to work, they realized that the third party software no longer matched or was compatible with their software and that is why they came in and took it out and put in new software. They have since apparently severed their agreement with that particular third party software provider. Councilmember Cohen noted that would leave 15 items out of the original 17, and asked which items out of those 15 needed attention, and how many of them have been addressed. Chief Krolak replied he could not tell at this time, since he did not bring the letter from EFJ. He added that specifically, the problems we are having right now are console related with the dispatchers, either getting no indication on their console that an officer is talking to them, which is a software problem; or they just do not hear the officer at all. The officer has to try two or three times before they hear him. He explained that part of the system is that they not only hear the officer, but it flashes emblems up on the console for the dispatchers to also help draw their attention to the fact that someone is trying to reach them, because they are doing many other things also. Councilmember Cohen asked, is EFJ committed to September 1st as the date they are going to say either that this system works as they bid to you originally, or they are unable to get it to work; and then we can negotiate how we will go from there? Chief Krolak responded that Michael Bland, who is the EFJ project manager to whom he has been talking, has committed to him verbally that he will have it done by September 1st. He added that, as he has mentioned previously to the Council, EFJ has in no way left us in the lurch. They have been sending people out here several times, at no expense to the City. The new console software which they put in for us, which was their design and their product, was done at no cost to the City. He does not get the feeling that they have in any way left us stranded with this system. They truly, from a corporate need, want to get the system working as well. Councilmember Cohen inquired about a possible charge for the repair of radios, which was implied in the staff report. He noted the radios have been in operation for about three years, which is at least the length of time we have been dealing with this. Pam Nicolai, City Manager, explained that her understanding was that this had to do with a separate maintenance agreement or contract, that the mobiles and portables had SRCC MINUTES (Regular) 7/18/94 Page 7 SRCC MINUTES (Regular) 7/18/94 Page 8 not been maintained at the factory level, and that is why they are going back to get reprogrammed, and that is separate from the EFJ agreement that came to us with certain specifications. That is a separate issue, and part of identifying the problem is getting those items back to the factory to bring them back to specifications. Councilmember Cohen stated that was just an aside, to point up how long this thing has been dragging on, that the radios have gotten so far away from factory specifications. He asked have we been spending money since the original contract amount, to have EFJ come out and address these problems? Chief Krolak responded we have not. He explained that EFJ has sent all of their people out here and have been making all of the modifications strictly at their own expense. We have not paid any money for that, other than sending the mobiles and the portables back to the factory. We did agree to paying for that, and that was given to us at a very reduced rate. Councilmember Cohen stated he is very concerned about the number of adjustments which have been attempted, and also with the length of time this has dragged out. He stated that had this happened with a car, you would come to the conclusion that you have a "lemon", and would have to face up to that and move on. He stated we need to have a hard and fast date for EFJ to get the system to work the way they were committed that it would work when we purchased it, or we have to deal with the fact that it is not going to work and we have not gotten what we paid for. Then we would have to deal with the consequences of that. He stated that Councilmember Zappetini's question to the City Attorney is very germane, since we are at the point where we should start to examine what our options are if the list has not been completed by September 1st. He stated that if we get to September and everything has been dealt with, and at the end of two months we still have these problems which no one can explain or eliminate, he wants to know what our options are. He noted there was an original agreed-upon completion date of April 1st. He asked, did the extension of that come to the Council? Chief Krolak replied it did not. Councilmember Cohen stated he would like to see a commitment from EFJ to get closure on this list of items by a specific date, and if they cannot commit to September 1st, he wants to see it as close to September 1st as possible; but we need a date of a commitment. Councilmember Thayer stated that one of the reasons she wanted this on the agenda is because of the problems which have been delineated in this report, which is a very good report. She noted that the Council made this decision on the advice of an outside consultant. She asked Chief Krolak if he has been out in the field to observe first-hand with the technicians as to what is wrong and how bad it actually is? Chief Krolak responded that from a technician's standpoint he would not be familiar with the issues. He listens to the radio which is in his car, and also has a portable radio in his office to which he listens on a daily basis, but he is not using them the same as the officers or the dispatchers are for 8 or 10 hours a day. However, he listens to them and they work. He does not know how many times an officer or dispatcher has had to attempt to get the system to work. All he hears is the end results. Councilmember Thayer asked, when the EFJ representative mentioned the September 1st date, did he indicate that all of these problems would be resolved? She noted there is another company which is now trying the same type of system; she believes it is Motorola, and they are having the same kinds of problems. She asked does it appear to be software related? Chief Krolak responded, that is what it appears to be. Motorola and General Electric are the other two big radio companies which are installing this type of radio system, and they are having basically the same kinds of difficulties. Chief Krolak explained that the September 1st date is what he has attempted to impose on EFJ. It was not their date. He explained that is when we legitimately feel we should have all of the mobiles and portables done, so they cannot point to that as being the weak line in the system. Councilmember Thayer noted that the additional radio frequencies should be available sometime in February, 1995. Councilmember Thayer stated her concern is that this situation has been dragging on too long. She stated there should be a joint effort, because the police officers out there use this system and they should involve themselves should we have to change systems at some time. They should be actively involved in looking for a system that they can work with in the field. She stated she is concerned that if EFJ has sold us a bill of goods they should be held accountable, and if the system is not fixed by September 1st or shortly thereafter we do have to take some serious steps. She would like to see some sort of compensation, should we have to change systems. She stated she agrees with Councilmember Cohen on that issue. She noted this was a $500,000 cost, and it should be up and working better than it is now. She stated that if it is not working by September 1st she would recommend that we start pursuing some sort of legal recourse. Councilmember Heller stated she is very concerned, and agrees with the other SRCC MINUTES (Regular) 7/18/94 Page 8 SRCC MINUTES (Regular) 7/18/94 Page 9 Councilmembers. She asked how many more radios are to go back to the factory? Chief Krolak replied there are 30 radios, and the same number of mobiles. They go back in groups of 10, because that is the number of loaners EFJ can give us. Councilmember Heller stated she would like a list of the 15 items outstanding, showing which have been taken care of. She stated she would like to know what the items are. It would be helpful to the Councilmembers. Dan Hanlon, Police Officer and President of the San Rafael Police Association, noted this situation has been dragging on since 1991, and they are experiencing frustration with the system. He stated he cannot urge the Council enough, to make a decision tonight to ask the City Attorney to draw up the papers to force EFJ to give a date by which the system will work, lock then into the September 1st date, and tell them if it comes to litigation they will have to get their system out of here. He stated the Association does not care whose name is on the radio. They are just asking for a radio system which works. He stated that the amplification problems when the officers are talking on the radio is unacceptable and has to stop. He asked how much more will this cost before something is done? He asked that the Council please look into the total cost, not only for the radio equipment, but what it costs in frustration of the employees. Mayor Boro stated to Officer Hanlon that all of his comments were good, and he agrees with them, but we have a vendor and he has to meet his requirements and hopefully he will do that. We will articulate to him very strongly in writing what our expectations are and what our due dates are, and then when they tell us the system is ready we will try our best to shake it down. He noted that Councilmember Cohen used the analogy of a car. He stated he has had frustration from time to time with different cars, and there are times that no matter what you do to the car, even when it is running it is still not what you expect. Therefore you are unhappy and eventually get rid of it. He stated he wants to make sure that if we have to switch from this system that it is really because it does not perform to our standards, not just because of the name of the system. He stated he is hoping that over the next couple of months as we get ready to go forward with this and really try to shake it down by September 1st or thereabouts, that we have an agreement between the vendor and what he says it can or cannot do, and what our expectations are. Then, somehow, we can actually truly measure those results and make sure if they are working. It is not a matter of opinion or what we might like to have, it is truly what they have offered and whether or not that is working. He stated it has to be a partnership between the officers who use the radio, the vendor, and of course the Chief. He noted Chief Krolak states in his report that other cities have put in radio systems, some similar to this, others with Motorola and others with General Electric, and there are problems. It is not unique, just to this system. Officer Hanlon responded that they do not care whose name is on the product, but they are the cops on the street, and when they put in a call for help we want it to work. Mayor Boro agreed. He stated that what he does not want to happen, that September will come and the system is certified and we go ahead, and when November comes we are comparing it against things that were not certified. He just wants to make sure that we know what our expectations are. Officer Hanlon stated he will be talking with the Chief in the next few days on how we will evaluate the system. Mayor Boro stated that is what he is looking for. Councilmember Zappetini inquired, how did we specify the system to begin with, and how did we evaluate it? Mayor Boro referred the question to Chief Krolak. Chief Krolak explained that the City hired a consultant who worked with the Police Department to design a system, and tried to design into the system what we felt we wanted or needed. He stated that the Association was invited to participate in that, and he does not recall that they gave much input. The Department then went to the City Council and said that this is the system we want, and it was approved. There was a list of specifications set down for the original design and purchase. Councilmember Zappetini asked do those criteria spell out the things the radio is supposed to do, and not supposed to do? He stated if we already have that in the system, we should bring that back out and take a look at it, and combine that with any other points which might come up, so we can critique it correctly. Chief Krolak stated he will get them out and take a look at them. Mayor Boro pointed out that we are at a point now where we are having a new set of expectations from the vendor. The cop on the beat is saying they want to help participate in this validation and work on the criteria. He stated let's make sure we do that, so when we come back here in November we will have some facts and not emotions on this issue. If the response time is not happening we will know that and it will be important. Also, if there are 17 items out there, some of them will be much more important than others, and we should focus on those which are most important. SRCC MINUTES (Regular) 7/18/94 Page 9 SRCC MINUTES (Regular) 7/18/94 Page 10 Councilmember Cohen agreed, except with Mayor Boro's last comment. He stated he feels we have a right to expect, the officers and dispatchers have a right to expect, that the system will work. He is not convinced that any level of failure is going to be acceptable. He stated he understands that things have to be prioritized, but if these things are mutually agreed upon to be problems then they need to be addressed. He stated that one way to evaluate is to pin down the list of items. He noted that looking at the letter from the Police Association dated today, the letter lays out the 8 items which were also mentioned in the letter to EFJ from the City Manager. The Association identifies one of the 8 problems as being fixed, and there are 7 which have still not been addressed. Also, there are 9 other problems which were additionally identified, two of which were the software no longer offered, leaving 7. He would like to know how many of those 7 items have been addressed. He also would like to ask the Association and the Chief to sit down together in the next few days, and nail down what these 8 items mean and what the other 7 or 9 items are. He noted there are two issues addressed tonight, and he does not know whether they are part of the 9, or other issues. They should be nailed down in a short and simple format, showing what the items are which remain as problems. He would like to get a copy of it, in the same format as the Police Association's letter. Not a long technical explanation, but more like a list which could give us something to measure against. We need to have answers to each item on the list so we can measure where we are. Councilmember Thayer stated that we have to be very careful because radio systems being what they are, none of them may be perfect no matter what you do with them, given the state of the art today. She recommended there should be some sort of objective criteria with what is considered acceptable, and what is not considered acceptable in various and sundry police departments, in data which has been received from other police departments, so we are not expecting from a system what it cannot deliver. Officer Hanlon noted that there are a number of jurisdictions who they have been in contact with throughout the country during the past year, including Los Angeles. They have been going through the same evaluation process and he is well aware of the other departments' problems. Councilmember Thayer inquired of Chief Krolak about the Highway Patrol standards. He replied that because they are such a much larger agency they have technicians devoted to doing just communications tasks. He stated his thought was that perhaps their technicians could help with the evaluation process, since they would have the expertise. He noted there is no one in the Police Department, or the City, who would have that technical expertise. Councilmember Heller inquired about going to a conventional system as one of the alternatives. She asked would the Association prefer the more sophisticated system than they had previously? Officer Hanlon responded that they have not had a system reliable enough to evaluate. Councilmember Heller asked about the older conventional system, and was it good enough for their use or did they need to move into a more sophisticated system. Officer Hanlon responded that the old system was antiquated and had to be replaced. Councilmember Cohen noted that Officer Hanlon had identified several jurisdictions having problems, and asked were they having problems with similar types of radio systems? Officer Hanlon responded they are, and everyone seems to be pointing the finger at the software. He noted there is a good deal of correspondence involving his predecessor, and the Police Chief at that time, and they have had a number of areas of concern which are certainly coming true today. Councilmember Zappetini stated he would like to see the Council set a firm date for this to happen. He stated he cannot justify "September 1st or shortly thereafter". He thinks we should nail it down to a date, and notify EFJ of our intent, and get on with it. Mayor Boro stated he was going to suggest, to give the Chief a bit of flexibility, that in the next couple of days the Association and the Chief agree on what the outstanding problems are, and articulate them to EFJ in a letter with what our expectations are that they be completed by a certain date, say September 1st, and that at that time we intend to start inspecting the system and those issues we have identified should be operating. He agreed with the recommendation that all Councilmembers receive a copy of the list of issues. He added the Council would also like to have the City Attorney, in the meantime, take a look at the contract and see what our options are in the event this does not work, so we will know what recourse we have with the company. Jim Strong, Police Officer, stated that he was speaking as a County resident. He noted that when the discussion of the new system took place in 1991, about providing a radio feature, they were basically told the wonderful things it could do. He stated SRCC MINUTES (Regular) 7/18/94 Page 10 SRCC MINUTES (Regular) 7/18/94 Page 11 he has heard the September 1st date, and the November date for final testing. He feels that the people working with this equipment could tell you within two weeks if it is working correctly. He stated he is really concerned about testing for two months after September 1st, and he would suggest the Council make a definitive due date for the system to be working. He stated he has heard the Council decide to ask the City Attorney to research the contract. He stated the Council should decide what the alternatives are in case our expectations and criteria are not met. Those issues should be decided now, because he can see November 1st stretching all the way to April, 1995. Mayor Boro stated we are all interested in having this fixed, and the Chief has the message. Whatever time is reasonable for the Department to test the system is what we will look for. He stated the outside date we are looking for is November 1st. There is no question of that. We want this issue resolved, that it is working, or go on a new course at that time. He stated if you want to cut that back when you come back before the Council, based on your discussions with EFJ and with the Association, that is fine. Councilmember Cohen noted that the Chief has mentioned a month or two for the evaluation period. He stated he is more concerned right now about pinning EFJ down to a date when they are willing to say that they think the system is now working. He stated that we do not need to wait two months after the September 1st date, if the problem still exists. That is why he feels we should start talking about contingencies now. Officer Strong stated he is not interested in pointing fingers at any department head. He added we are all agreed that this should be resolved, so we can move on. 12.CITY COUNCIL REPORTS None. ADJOURNMENT The City Council resumed Closed Session to discuss Item 1b, Labor Negotiations, at 9:45 PM. OPEN SESSION The City Council reconvened in Open Session at 11:00 PM. Mayor Boro announced that no reportable action was taken on Item lb, Labor Negotiations. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF , 1994 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 7/18/94 Page 11