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:
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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