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HomeMy WebLinkAboutCC Minutes 1997-01-21SRCC MINUTES (Regular) 1/21/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, TUESDAY, JANUARY 21, 1997 AT 8:25 PM Regular Meeting: San Rafael City Council Councilmember Cyr Miller, Councilmember Gary O. Phillips, Councilmember Absent: Albert J. Boro, Mayor Present: Paul M. Cohen, Vice -Mayor Barbara Heller, Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk CLOSED SESSION - TO BE HELD AT CONCLUSION OF CITY COUNCIL MEETING ORAL COMMUNICATIONS OF AN URGENCY NATURE: None CONSENT CALENDAR: 8:25 PM Councilmember Miller moved and Councilmember Phillips seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 1. Approval of Minutes of Special Closed Sessions Approved as submitted. of Thursday, December 19, 1996 and Saturday, January 4, 1997, and Regular Meeting of Monday, January 6, 1997 (CC) 2. Monthly Investment Report (Admin. Svcs.) Accepted report. - File 8-18 x 8-9 5. Resolution Rescinding Resolution No. 9767 RESOLUTION NO. 9773 - Awarding Contract for First and "C" Street RESOLUTION RESCINDING Drainage Improvements to Maggiora & RESOLUTION NO. 9767. Ghilotti, Inc. (See San Rafael Redevelopment Agency Agenda for 1/21/97) (PW) - File 4-1-487 6. Resolution of Findings Granting Appeal of RESOLUTION NO. 9774 - Disabled Access Requirements - Enterprise RESOLUTION OF THE CITY COUNCIL Rent -a -Car, 65 Medway Road (APN: 11-193-13) (PW) (IN ITS CAPACITY AS THE BOARD - File 13-1-1 OF APPEALS) GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS AT 65 MEDWAY ROAD, SAN RAFAEL. 7. Resolution of Findings Granting Appeal of RESOLUTION NO. 9775 - Disabled Access Requirements - Mayflower RESOLUTION OF THE CITY COUNCIL Pub &Grill, 1533 Fourth Street (IN ITS CAPACITY AS THE BOARD (APN: 11-242-10) (PW) OF APPEALS) GRANTING - File 13-1-1 CONDITIONED APPROVAL OF AN APPEAL FROM STATE ACCESS REQUIREMENTS AT 1533 FOURTH STREET, SAN RAFAEL. 9. Resolution Authorizing Director of Public Works RESOLUTION NO. 9776 - to Accept Scope of Services and Enter Into an RESOLUTION AUTHORIZING THE Agreement for Professional Services With DIRECTOR OF PUBLIC WORKS TO ConCeCo Engineering in an Amount Not to Exceed ACCEPT THE SCOPE OF $8,800 (PW) - File 4-10-298 SERVICES AND ENTER INTO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH CONCECO ENGINEERING IN AN AMOUNT NOT TO EXCEED $8,800. 10. Resolution Approving Marin County Open Space RESOLUTION NO. 9777 - District Purchase of Parcel #09-142-46 from the RESOLUTION AUTHORIZING THE Canalways Development Company for Back Taxes SIGNING OF AN AGREEMENT of $2,000 (P1) - File 4-13-84 FOR MARIN COUNTY OPEN SPACE TO PURCHASE TAX DEFAULTED BAY WATERS PROPERTY FOR BACK TAXES OF $2,000. SRCC MINUTES (Regular) 1/21/97 Page 1 SRCC MINUTES (Regular) 1/21/97 Page 2 11. Resolution Approving Contract with Jeffery RESOLUTION NO. 9778 - Baird for Planning Services (P1) RESOLUTION AUTHORIZING - File 4-3-324' EXECUTION OF PROFESSIONAL SERVICES CONTRACT WITH JEFFERY BAIRD (for one year, from 1/22/97 TO 1/22/98). 12. Resolution of Appreciation to Principal RESOLUTION NO. 9779 - Planner, Jean Hasser (P1) - File 102 x 10-2 RESOLUTION OF APPRECIATION TO PRINCIPAL PLANNER, JEAN HASSER. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro ADD ITEM: RE: BOY SCOUT TROOP 38 - File 108 Vice -Mayor Cohen welcomed members of Boy Scout Troop 38, who were attending the meeting as part of earning their Communications and Citizenship in the Community merit badges. The following items were removed from the Consent Calendar for further discussion: 3. RESOLUTION AWARDING CONTRACT FOR REFUSE RATE REVIEW TO HILTON, FARNKOPF & HOBSON, LLC (Admin. Svcs.) - File 4-3-306 X 4-3-32 Councilmember Phillips noted the $18,500 for service seemed rather high, and asked if Administrative Services Director Nordhoff was comfortable with this amount. Mr. Nordhoff stated there were six agencies, San Rafael being one of them, who meet and consider the rate review process. He reported the agencies had met and discussed both the Summary Proposal now being presented, as well as a Comprehensive Proposal, and had received quotations for both levels of service from Mr. Hilton, noting they believed the pricing was fair and consistent with what had been charged the prior year. Mr. Nordhoff stated they would be discussing options regarding next year's rate review for the 1998-99 service, looking at a more full-blown review, and if it is the Council' s desire at that time, they would consider looking at alternative vendors to ensure we were getting a fair price for the service we receive. City Manager Gould stated several years ago the franchising agencies used the "Big Six" firm of Deloitte, Haskins & Touche, and decided they were far too expensive, moving to the firm of Hilton, Farnkopf, & Hobson. Mr. Gould noted this was a limited rate review, and was actually much less expensive than the full rate review performed last year. Councilmember Heller stated she assumed the $18,500 was for all six agencies, and not just for the City of San Rafael? Mr. Nordhoff stated that was correct. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 9780 -RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT FOR REFUSE RATE REVIEW WITH HILTON, FARNKOPF AND HOBSON, LLC (ending on June 30, 1997). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 4. ACCEPTANCE OF MARIN COUNTY JOINT POWERS AUTHORITY EVALUATION STUDY, PHASE I REPORT, DATED NOVEMBER, 1996, AND REQUEST MCCMC TO INITIATE PHASE II OF MASTER JPA STUDY (CM) - File 239 Councilmember Heller pointed out this was an important issue, and something the City was working on with the Marin Mayors and Councilmembers, noting Councilmember Phillips sat on the Marin Community Foundation Liaison Committee, which was looking at this Joint Powers Authority. Ms. Heller stated this was very important to all of the cities, and to all of the Managers of the cities in the community. She pointed out there were two plans as to how they might structure an overall Joint Powers Agreement Authority, and urged the Councilmembers to take a good look at this item, and provide feedback and suggestions. SRCC MINUTES (Regular) 1/21/97 Page 2 SRCC MINUTES (Regular) 1/21/97 Page 3 Councilmember Heller moved and Councilmember Phillips seconded, to approve staff recommendation to accept the Marin County Joint Powers Authority Evaluation Study, Phase I Report, and to request MCCMC initiate Phase II of the study. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro 8. MERRYDALE OVERCROSSING - AUTHORIZATION TO AMEND CONTRACT WITH HARRIS & ASSOCIATES FOR AN ADDITIONAL $150,000 (PW) - File 4-10-276 x 4-1-468 x 4-8-23 x 11-15 x 11-16 Councilmember Phillips noted the letter of December 10, 1996 from Harris & Associates regarding our agreement dated March 7, 1994, and requesting an additional $150,000 for services in connection with the Merrydale Overcrossing. He asked why, two years after the date of the agreement, they were coming back and asking for an additional $150,000 for services provided? He acknowledged staff had provided a report justifying the amount, but noted it did not include details regarding the services provided. He asked if staff had received the details, and if they were satisfied this amount was a fee the City was obligated to pay, even though it exceeded the contract? Public Works Director Bernardi stated the contract was to have been completed twelve months ago, so Harris & Associates were essentially operating beyond their contract in terms of payments. He reported the City had told them we would not pay them until the project was completed, and we had a full scope and understanding of what the cost of their extra services were. Mr. Bernardi stated the original contract was for a fifteen month construction period; however, the construction period extended to almost twenty-eight months; therefore, they were asking for compensation for the extra twelve months. Mr. Phillips asked if there had been a verbal agreement to provide for these kinds of additional costs? Mr. Bernardi explained the original contract provided for additional compensation if the completion of the contract went past the agreed upon time. Mr. Bernardi stated it was his direction to the consultant that the City would not pay any additional fees until the project was completed and we knew what the full costs were. Mr. Phillips asked for the total fees paid to Harris & Associates? Mr. Bernardi stated the total was approximately $500,000, noting part of that was to be paid by CalTrans for their portion of the work, which was the northbound on-ramp, just north of the Freitas Interchange. Mr. Phillips asked if this entire $150,000 was coming from the City of San Rafael? Mr. Bernardi stated approximately 30% of this was to be paid by CalTrans for their share of the extra cost. Mr. Phillips asked why the City incurred 70% of the cost. Mr. Bernardi stated most of the work was the Overcrossing project, and most of the Change Orders incurred were as a result of the Overcrossing, as opposed to the northbound on-ramp. He noted the cost of the bridge, the signals, and all the work associated with that was approximately $4 million, and the cost of the northbound on-ramp was approximately $1.2 million. Vice -Mayor Cohen clarified the total Construction Management Services had been set at approximately 10% of the total project cost, and Mr. Bernardi stated that was correct. Vice -Mayor Cohen commended Mr. Bernardi for the approach he had taken with this project, noting that in a "pay as you go" situation, once the project goes beyond the original contract it becomes open ended, but the way Mr. Bernardi structured this project, there was a built-in incentive for the Construction Manager to see that the project was finished in a timely manner so they could get paid. Councilmember Phillips moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 9781 -RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT WITH HARRIS & ASSOCIATES FOR AN ADDITIONAL $150,000 ON THE MERRYDALE OVERCROSSING PROJECT. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Chairman Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro SPECIAL PRESENTATIONS: 13. INTRODUCTION OF NEW LIBRARY STAFF, LIBRARIAN KAY NOGUCHI AND LIBRARY ASSISTANT LORNA WHITE (Lib) - File 9-3-61 Library Director Vaughn Stratford introduced Gail Lockman, Head of Reference and Assistant Library Director, and Lashalle Lyons, Circulation Supervisor, SRCC MINUTES (Regular) 1/21/97 Page 3 SRCC MINUTES (Regular) 1/21/97 Page 4 explaining they would be the supervisors of the Library's two newest staff members. Mr. Stratford then introduced Library Assistant Lorna White, noting she was an Honors Graduate of the University of Western Ontario, and had lived in Terra Linda for ten years. Ms. Lockman introduced Librarian Kay Noguchi, reporting she was a graduate of the University of Minnesota, having earned her Bachelor's and Master's Degrees in Library Science. Ms. Lockman stated Ms. Noguchi had worked for the Minneapolis, Los Angeles, and Hawaii State Public Libraries, and also for the University of Hawaii Press, noting she had a great deal of public relations and editorial background. Vice -Mayor Cohen welcomed Ms. White and Ms. Noguchi to the City of San Rafael. MONTHLY REPORT: 14. CITY MANAGER'S REPORT (CM) - File 9-3-11 (Verbal) City Manager Rod Gould reviewed several of the projects and activities staff would be undertaking during the coming year to carry out the priorities set by Council last August, as to where they want the City to go, and where they would like special emphasis to be placed. Referring to Economic Development, Mr. Gould stated the largest project would be the Fair, Isaac project, noting this would be the year the environmental work would be completed. He stated the City was spending a lot of time with the developer, Fair, Isaac, and P.G. & E. in trying to bring this forward. Concerning the Macy's building re -use, Mr. Gould reported the field had been narrowed to two developers, both of whom were presenting high quality proposals, noting either one would be a major addition to the Downtown. Mr. Gould believed this project could be done on an expeditious basis, while giving the deliberation that has been requested. Mr. Gould reported the Rafael Theater was largely in the hands of private fundraisers, and it was hoped that nothing the City does on the Macy's site would impede their efforts, and that the demolition contract would be let this month, and action would begin on that site. Mr. Gould reported the vital Andersen Drive project would be completed this year, noting the City was still expecting full approval by the PUC (Public Utilities Commission) of our application sometime this Spring. Mr. Gould noted the health spa on Fourth Street was now open, although the facade was not yet completed. He noted the City hoped to process applications for Comp USA, and perhaps the relocation of Safeway to a new site in the Downtown. Mr. Gould reported the Lone Palm Court project would bring affordable housing to the Downtown, and the new sidewalk treatments on Fourth Street would begin this summer, to refurbish the look of our main street. Mr. Gould noted BMW would be moving to town, and possibly a new, top class fish restaurant in the Canal neighborhood. Mr. Gould stated it was hoped the Economic Vision, which was begun last year in conjunction with the Chamber of Commerce, would be completed this year. Reporting on the Canal Neighborhood, Mr. Gould stated Council had signaled this was an area of special emphasis for the City. He reported the architectural plans for the Police Department sub -station at Pickleweed were due next month, and staff hoped to bring Council a contract at the end of February or early March to expand the Recreation Center to provide a Community Resource Center, where a Community Police Officer under a State grant would be housed, as well as a Code Enforcement Officer who would be dedicated to working in the Canal neighborhood. He stated Council had directed staff to pursue a much more concerted Code Enforcement, noting there had been many applications for Code Enforcement Officer positions, and these were being reviewed, pointing out the City would be tripling the number of Code Enforcement Officers. Regarding the Holiday Magic building, Mr. Gould stated it would be a time of telling the property owner to either make the improvements the Council had directed, or perhaps bring forward an application for re -use, or to demolish the building, noting it would be one of those two options. Mr. Gould reported 17 meetings had been held in the Canal neighborhood to ask residents what they would like to see in their neighborhood, and a second round of meetings would be held in February and March, to begin to hone in on more direct questions as to what the community wants to see in the neighborhood, noting this would be vital to the City's planning for improvements to the Canal Neighborhood. Mr. Gould reported the hours of the Pickleweed Recreation Center would be increased to include weekends, and there will be more Canal clean-up days, perhaps as many as four this year. He noted the City would also begin planning for a Redevelopment project somewhere in the Canal neighborhood. Referring to social problems affecting San Rafael, Mr. Gould reported the largest one, but also the one where we have the greatest hope and optimism, would be the relocation of the St. Vincent de Paul Dining Hall. He noted everyone SRCC MINUTES (Regular) 1/21/97 Page 4 SRCC MINUTES (Regular) 1/21/97 Page 5 understood welfare reform would be placing additional demands on St. Vincent's to feed the hungry and most needy in our society, and the City wants to make sure St. Vincent's can be moved to a place where it can provide as much service, if not more, and do so in a more professional manner. Mr. Gould stated the City was very encouraged by the new direction and leadership of St. Vincent de Paul. He reported the City also hoped to find a new detox facility, so those who are alcohol dependent and homeless have a place to go to receive detox services, and perhaps kick their dependency. He reported the Hamilton Homeless Shelter would get underway this year, pointing out the City of San Rafael had contributed $52,000 toward that effort, and would also be making contributions toward maintaining the housing units for the homeless in San Rafael proper. He noted maintaining those units was a priority of the City Council. Mr. Gould reported the Police Department, Fire Department, Public Works Department, and Code Enforcement Officers would all be paying additional attention to our major parks, including Boyd Park, Albert Park, and Gerstle Park, and stated that while no one could chart the impacts of welfare reform on the cities with any great certainty, this year would be a time of anxiety and pain for many who will fall between the cracks, and the City had to begin planning to work with our service providers to mitigate the situation, noting this issue would be a real priority for City staff this year. Mr. Gould stated the City hoped to have a new Police Chief by this time next month, and develop further the idea of Community Policing, and what it means in San Rafael. He noted the Police Department was working very closely with the Personnel Department in an effort to fill vacancies within the Department, and he noted a reorganization may be in the offing. Mr. Gould stated it was hoped the Police Officers would take ownership of certain neighborhoods, and develop greater partnerships with the residents and businesses in town, in furtherance of the Community Policing ideal. Mr. Gould reported the Fire Department had been leading staff in stepped-up disaster exercises, and training for residents on what the residents can do to prepare for major disasters. Mr. Gould stated the combination of greater staff preparedness and the residents' training would be the key to saving lives and property, in terms of a major emergency in San Rafael. Mr. Gould reported the City would be putting continued time into the County -wide radio system effort, noting Councilmember Heller would be leading the MCCMC with this issue. He stated all the cities and the County of Marin were going to have to wake up to the fact that the radio system was not functional, and would not be supported by its vendors in the next two to three years. Therefore, all the residents were going to have to be made aware that the County and all of the emergency agencies had to step up and find a substitute. He stated San Rafael would lead this effort, with its police radio system, because the system had already been funded. In terms of Community Outreach, Mr. Gould reported the City had already begun Customer Service Training for those who deal directly with the public, stating this had been a directive from the City Council. He stated staff was hopeful that by the end of January or early February the first issue of the City Newsletter would go out to every resident and business in San Rafael, informing people of the activities of the City, and how they may affect them. Mr. Gould reported the Police Department had made substantial changes to its Voice Mail System, and hoped to make further changes in the way the Department deals with the public when they come into City Hall, or through the phone system. Mr. Gould noted the City may move toward the direction of a Community Development Department, and also stated the North San Rafael Vision would be completed this year. Reporting on the financial condition, Mr. Gould reported the Business Cost Study, which Council approved last year, would be completed in March, and there will be a series of study sessions to look at the true costs of providing services, and the fees and charges associated with those services. He stated Administrative Services Director Ken Nordhoff would present an update on the City's financial condition to the Council next month, along with budgetary adjustments that would be necessary at the mid -point. He stated staff was hoping to make continued progress on Unfunded Capital Projects, noting the Budget Oversight Committee had re -ordered those projects in terms of objective priorities, and he and the Department Heads would present Council with options for funding more of these projects, which are so desperately needed within the City. He noted some of these projects may even involve tax choices, and some may have to be put before the voters. Mr. Gould stated staff also hoped to present Council with possible savings on benefits, and continue to pursue a State-wide financial fix for municipalities, who have watched property tax revenues and other fee revenues stripped away during the last decade, to solve State budgetary problems. He noted he would be working with Mayor Boro, Councilmember Heller, and the City Managers and Councilmembers of other cities, SRCC MINUTES (Regular) 1/21/97 Page 5 SRCC MINUTES (Regular) 1/21/97 Page 6 to bring pressure on the League and others to step up with us through legislation, State-wide initiative, or litigation, to provide stable revenue sources for cities. In terms of Organizational Development, Mr. Gould reported Council had directed staff to build on our positive labor relations, and they continue to do that this year. He noted goals and evaluations had been established for all Department Directors and the City Manager. Mr. Gould stated staff hoped to bring out some innovations in budgeting for the 1997-98 budget cycle, and enhance the City' s computer system. He reported more emphasis would be placed on team work and cooperation amongst the various City departments, which was also a directive of the City Council. Mr. Gould stated this would be a year for building and stretching, and he believed it would be a springboard year for the Council and the community. He noted staff was excited, and believed they could accomplish a great majority of these things and yield discernable results. Councilmember Heller referred to the area of Social Welfare, stating she was very concerned with the changes being seen in Welfare, and noting these changes would likely be coming through much faster than we would be able to react, and the City needed to attempt to get ahead of the changes. She hoped that when Mr. Gould attended the City Managers' meeting he could find out if all the other City Managers were looking at where we are all going to be in regard to what will be happening on our city streets, noting her fear was that the homeless would not increase on the County streets, they were going to increase on the city streets. She stated our City does not have funding to pay for social services, and noted this was not the City's job, it was the County's job. Ms. Heller suggested the City look at the months of January and February as a baseline, and talk to our social providers to obtain a current listing of the number of clients they talk to and assist in the City, noting if we could get a baseline now, we could monitor whether the client level goes up or down, and that would give us something to show the County, the State, or our Congressional representatives. She stated the City had to try to move ahead of where she feared we might be in a few months. Mr. Gould stated he would raise this issue at the Managers' meeting. Councilmember Miller noted the client base would provide a certain indicator, but the major issue was that as services are denied, we would find the numbers going down on the client base, which would give a faulty notion, because this would result in many people who needed assistance not being included in the actual baseline numbers. Mr. Miller noted there would be a County meeting on January 30th, and he urged the City to help subsidize the meeting. ADD ITEM: RE: BOY SCOUT TROOP 38 - File 108 Vice -Mayor Cohen stated that in furtherance of Boy Scout Troop 38's pursuit of Communications and Citizenship in the Community merit badges, he would like to offer them the opportunity to ask questions of the Council. David Bischoff asked why so many streets were closed to skateboarding? Vice -Mayor Cohen stated the City had to balance the opportunities for the skateboarders to have access to recreation and enjoyment with issues of public safety. He noted the City had found conflict between skateboarders and cyclists with the pedestrians, and in order to pursue public safety, which was the Council's main charge, they must restrict access to the sidewalks in an attempt to avoid those kinds of conflicts. He acknowledged this limited the opportunities for the skateboarders, stating everyone would be interested in finding a way to enhance the recreational opportunities so they would have a chance to ride their skateboards in peace and enjoyment, but opening up the sidewalks, and the risk that would carry for pedestrian safety, was not an option. Vice -Mayor Cohen stated if the members of Troop 38 wished to present a recommendations for other alternatives to the Council, they would be happy to look at them. Mr. Bischoff asked about the possibility of the City building a skateboarding park in San Rafael? Vice -Mayor Cohen stated, like so many other issues, it came down to money. He pointed out there were really two issues, one was the cost of building such a facility, and the other was the issue of liability, noting that if the City built and operated a skateboard park, the City would run the risk of liability if there were an accident. Vice -Mayor Cohen stated if the City could find funding for the park, and indemnify the City so our General Fund was protected, then this would be an issue the City could look at. Councilmember Heller stated there was a bill in the State Legislature which would give the cities relief in their liability, SRCC MINUTES (Regular) 1/21/97 Page 6 SRCC MINUTES (Regular) 1/21/97 Page 7 so the City would not be quite as liable if someone hurt themselves, noting the bill states the people who participate in this sport know it is a hazardous sport, and participate, more or less, at their own risk. She stated this bill would not completely absolve the City from all responsibility if we had an unsafe park, but at least there was a bill which would be going through the State Legislature, and she suggested Troop 38 might want to lobby for the bill. Matt Hulse asked why the San Rafael School District had six elementary schools, but only two High Schools and one Middle School? Vice -Mayor Cohen stated the San Rafael City Council was charged with maintaining the streets, sidewalks, and roadways; ensuring public safety through the Police and Fire Departments; and providing recreation. He stated school and educational issues were handled by the San Rafael School Board, which was also an elected body, and had responsibility over the schools, their facilities and locations, and how they are arranged and what the grades are. Vice -Mayor Cohen noted the City Council had no responsibility over the School Board, and suggested Mr. Hulse might want to attend one of the School Board meetings. Andrew Stewart asked why the San Rafael Police Department did not have an Explorers Program, where kids could ride along with the Police Officers and see how they work? Vice -Mayor Cohen stated this was an excellent question, noting the City would soon be hiring a new Chief of Police, and encouraging Mr. Stewart to take this issue up with the new Police Chief. City Manager Gould noted the City of San Rafael had once had an Explorers Program, and would like to see it re -instituted. Vice -Mayor Cohen thanked the members of Troop 38 for their attendance and participation. Vice -Mayor Cohen declared a brief recess. Vice -Mayor Cohen reconvened the City Council meeting. PUBLIC HEARING: 15. PUBLIC HEARING - TO DETERMINE EXISTENCE OF PUBLIC NUISANCE AT 637 FIFTH AVENUE AND TO ABATE IN WHOLE OR PART, AP #144-084-13, CHARLES T. LOMBARDI AND JANE JACKSON, PROPERTY OWNERS (P1) - File 3-3-54 Vice -Mayor Cohen declared the Public Hearing opened, and asked for the staff report. Deputy City Attorney Eric Davis stated the staff report contained a description of the conditions, as observed by the City's Code Enforcement Officer, William Palmer and County Health Officer, Mark Janofsky, which they assert constitute violations of various City Code provisions, and also Public Nuisances. Mr. Davis noted the staff report also contained attachments from persons who either occupy, or have been visitors to the neighboring businesses, which also detail asserted conditions that are of a Nuisance nature. Deputy City Attorney Davis stated the report indicated food waste and yard waste had been brought onto the property and accumulated there, and that some of this waste had been buried on the property, according to neighbors' statements. Mr. Davis stated there was also trash and debris on the property which was visible from public streets and detrimental to neighboring properties, and there was debris on the property that was likely to attract rodents. Mr. Davis noted statements in the report indicated the presence of rats within the past month. Deputy City Attorney Davis reported the specific alleged Municipal Code violations, as recited in the staff report were: 1) Accumulation of solid waste in violation of SRMC Sections 9.19.040 and 9.19.060; 2) Dumping and burying solid waste in violation of SRMC Section 9.19.050; 3) Boxes, discarded household items, trash and other debris in the front and side yards, and visible from public streets for unreasonable periods, causing detriment to neighboring properties in violation of SRMC Section 1.20.030(M); and 4) Keeping or maintaining on the premises debris, waste, decayed or discarded or abandoned material or other substances or materials likely to attract or become a gathering or breeding place for rodents, rats or mice, or likely to become a menace or injurious to public health or offensive to the senses, in violation of SRMC Section 9.12.030. Deputy City Attorney Davis reported that under the City Code, specifically Section 1.20.010, violations of the City Code are deemed, per se, Public Nuisances, and noted it was the Council's task to determine what the conditions were on the property and if, in fact, they violated these Code sections; if they did, then the Council could determine there was a Public Nuisance on the property. SRCC MINUTES (Regular) 1/21/97 Page 7 SRCC MINUTES (Regular) 1/21/97 Page 8 Mr. Davis stated the staff report contained a proposed Resolution for the Council to act upon, noting the draft Resolution made the determination of the existence of a Public Nuisance, certain findings, and ordered the abatement within fifteen days of the date of this Public Hearing, specifically February 5, 1997. Deputy City Attorney Davis stated the Resolution specifically directed the owner as follows: 1) Remove all solid and yard wastes and dispose of at an approved disposal facility; 2) Remove all boxes, discarded household items, trash and other debris in the yard areas and visible from the public streets and dispose of at an approved disposal facility; 3) Remove or rearrange and stack the lumber in the rear yard so that it ceases to be a harborage and breeding place for rodents, rats and mice; 4) Remove all buckets and containers containing standing water likely to become a breeding place for mosquitoes. In addition, Mr. Davis noted the proposed Resolution ordered the property owners to Cease and Desist from bringing any further food waste, yard waste, garbage, or other solid waste onto the property, and further accumulating, dumping or burying such waste on the property. Deputy City Attorney Davis noted Code Enforcement Officer William Palmer and County Health Officer Mark Janofsky were both present to testify, noting there might also be additional witnesses, particularly some of the neighbors, as well as the property owner. Mr. Davis recommended Mr. Palmer be sworn -in by the City Clerk and testify, after which Mr. Janofsky would also be sworn -in and testify. Code Enforcement Officer William Palmer was sworn -in by City Clerk Jeanne Leoncini. Mr. Palmer testified he was currently the Code Enforcement Officer for the City of San Rafael, and had been in the position of either Code Enforcement Officer or Assistant Code Enforcement Officer for the past three and a half years. Mr. Davis asked Mr. Palmer to describe the duties of his position, and Mr. Palmer stated his duties were to enforce the various City Ordinances which were not enforced by the Police Department or Public Works Department, primarily Zoning Ordinances, and issues such as being discussed at this Public Hearing. Mr. Davis asked if Mr. Palmer had investigated the alleged City Code violations and Public Nuisance on the property at 637 Fifth Avenue? Mr. Palmer stated he had. Mr. Davis asked Mr. Palmer to describe the nature of that investigation, and Mr. Palmer's findings. Mr. Palmer reported he had first become aware of this situation on December 23, 1996, at which time he went to the location, took a very quick look at the site, and took a few pictures. Mr. Palmer stated he returned to the location on January 2, 1997, and again on January 10, 1997, and had driven past the site a few times. Mr. Palmer stated the last time he had been at the site was the afternoon of January 21, 1997. Mr. Palmer stated descriptions of what he found during those initial visits were contained in the staff report; however, Mr. Palmer felt the photographs gave a better feel of the condition of the property at the time the photographs were taken. Mr. Palmer distributed a series of three sheets of photographs, testifying he had taken the photographs on the dates indicated, and that they were a reasonably true depiction of conditions which existed on the property at that time. Mr. Palmer stated these conditions consisted of various trash, debris, boxes, cans, bottles, paper, waste, a garden hose, shovels, trash cans, and buckets in the front yard, as shown on sheet #1 of the photographs. Sheet #2 depicted a view of the back of the lot, which Mr. Palmer explained was a parking lot, as well as the back of the beauty salon, Avante Hair Design. He noted the photographs showed cans, debris, windows, lumber, various vegetable matter, leaves piled up, containers of vegetable material on the ground, and miscellaneous trash and discarded furniture. Photograph "A" on sheet #3 showed lumber and debris on the parking lot in back of the house, and Photograph "B" showed the condition of the house on the Tamalpais Street side of the property, which included cans, litter, garbage, cardboard boxes, and other miscellaneous refuse. Mr. Palmer stated all these things combined constituted a violation of the Municipal Codes, as described in the staff report and noted by Deputy City Attorney Davis. Mr. Palmer reported he and County Health Inspector Janofsky had visited the site again this afternoon, and found the property owner had begun some clean-up in the front of the property, and the side of the property looked much better; however, all the same conditions did still exist, and there were still violations, as noted in the staff report and the proposed Resolution. Councilmember Miller noted the staff report stated garbage had been buried on the property, and asked if Mr. Palmer had checked for the buried garbage, and if he had dug up any of it? Mr. Palmer stated they did not dig up any of the property, either in the back or the front, but had statements from witnesses SRCC MINUTES (Regular) 1/21/97 Page 8 SRCC MINUTES (Regular) 1/21/97 Page 9 who had seen buried material, and noted Mr. Janofsky could testify to what he had seen prior to that time. Deputy City Attorney Davis asked City Clerk Leoncini to swear -in County Health Officer Mark Janofsky. County Health Officer Mark Janofsky was sworn -in by City Clerk Leoncini. Mr. Janofsky stated he was an Environmental Health Specialist with Marin County Environmental Health Services, otherwise known as the County Health Department, noting his department was the designated Solid Waste Local Enforcement Agency in Marin County. Mr. Davis asked Mr. Janofsky how long he had been in this position, and Mr. Janofsky responded he had worked for the Environmental Health Services for over eight years, and had worked in the Solid Waste area of the office for over two years. Mr. Davis asked the duties involved in Mr. Janofsky I s current position, and Mr. Janofsky stated he conducted inspections of active and closed solid waste facilities, such as the two landfills in Marin County and the transfer station on Jacoby Street, and noted he was also required to do investigations of complaints from members of the public regarding solid waste, which included investigating alleged violations of the San Rafael Municipal Code with respect to solid waste, and public health and safety problems. Mr. Davis asked if, as part of these duties, Mr. Janofsky had investigated alleged City Code violations and Public Nuisance conditions at the property at 637 Fifth Avenue in San Rafael, which was the subject of this Public Hearing? Mr. Janofsky stated he had, noting he visited the location on December 20, 1996, December 26, 1996, and January 10, 1997, and was at the site again this afternoon with Mr. Palmer. Deputy City Attorney Davis asked Mr. Janofsky to describe the nature of his findings at the time of his inspections of the property. Mr. Janofsky reported his visit of December 20, 1996 had come in response to a telephone complaint received from a citizen regarding the burying of garbage and an accumulation of garbage on the property. He stated he visited the site, and some of the things he saw included a large accumulation of leaves and food waste, including fresh produce such as broccoli, squash, and tomatoes, exposed in a pile of leaves behind the beauty parlor in the parking lot area. He stated this, in itself, could cause rodents to be attracted to the property. Mr. Janofsky reported he also saw several boxes of produce near the pile of leaves and produce waste, which he also believed could attract rodents to the area, and a haphazardly stacked pile of wood with exposed nails in it on the south side of the parking lot. He noted that in addition to the danger from the rusty nails, the wood could also be a harborage area for rodents. Mr. Janofsky reported that when he returned to the location on December 26, 1996, it looked as though most of the vegetables had been pulled out of the pile of leaves behind the beauty parlor, but there were still several boxes of produce out in the parking lot, and there was still a pile of lumber with exposed nails. Mr. Janofsky produced four pages of photographs he had taken on his inspection visits, noting they depicted some of the conditions he had just described. Mr. Janofsky stated when he visited the location on January 10, 1997 he saw something he had not seen before, noting that in addition to the previously described piles of leaves, boxes of produce, and pile of wood with exposed nails, he also saw, in the front yard of the property, buckets filled with stagnant, turbid water, which Mr. Janofsky believed could provide an area for mosquito breeding. He also saw a large bucket, which was approximately three feet high, three feet in diameter, and containing approximately two feet of stagnant water, only a couple of feet from the public sidewalk. Mr. Janofsky believed this, in addition to possibly allowing mosquito breeding, could also allow a toddler to drown if it should get in the water. He noted the pile of wood had also gotten a lot larger, and it now had cardboard, aluminum and other items in it. Mr. Janofsky introduced photographs which had been taken during this inspection on January 10, 1997. Mr. Janofsky stated when he had gone to the property this afternoon there had been a box of produce in the backyard, and a very large pile of leaves still in the parking lot behind the beauty salon, as well as a large accumulation of boards with the cardboard and aluminum. Mr. Davis asked if, in Mr. Janofsky I s opinion, the Code violations continued, and if the Public Nuisance continued to exist? Mr. Janofsky stated he definitely believed so. Deputy City Attorney Davis asked if Mr. Janofsky had an opinion concerning the bringing of further food and yard waste onto the property, and the burying of that on the property? Mr. Janofsky stated the property owner should be prohibited from bringing any more food waste or yard waste onto the property, and should be prohibited from burying it on the property, as well. Mr. Davis asked if there was a public health basis for that opinion, and Mr. Janofsky stated he believed bringing food and yard waste to the property, with the way SRCC MINUTES (Regular) 1/21/97 Page 9 SRCC MINUTES (Regular) 1/21/97 Page 10 it was being stored at this time, whether or not it was buried, was definitely a condition that was very likely to attract rodents to the property. Councilmember Heller stated she had looked at the property, and agreed it was certainly in disrepair, although she did notice it had been cleaned -up a little bit. She pointed out there was very little land at this location, noting she had been amazed when she heard the owner had been attempting to bury raw produce. She asked why the owner would want to bury raw produce on the property, and if perhaps he had been attempting to compost, and did not understand how that was done? Deputy City Attorney Davis instructed Mr. Janofsky to answer this question only if he knew or could testify as to the reason. Mr. Janofsky stated he had spoken with the property owner, who had told Mr. Janofsky he was attempting to mend and improve the quality of the soil. Vice -Mayor Cohen noted the Resolution ordered that these activities Cease and Desist, and asked if Mr. Janofsky had any knowledge of, or if it was his opinion, that the food waste and yard waste already buried on the property represented, in any way, an ongoing health hazard that needed to be abated by digging it up? Mr. Janofsky stated it was difficult for him to say, because he did not know the quantity of material that had been buried, nor how recently or how deep it had been buried. He stated his recommendation at this point would just be to prohibit any future burying of waste on the property, or bringing any to the property. Vice -Mayor Cohen invited members of the public to address this issue. Verna Adams, co-owner and occupant of the property at 633 Fifth Avenue, which is immediately next door to the property at 637 Fifth Avenue, stated she had written several letters to the City and various other agencies between February, 1996 and the present time, pointing out this problem had been going on for almost two years. Ms. Adams noted she had owned this property for more that twelve years, and had been a neighbor of Mr. Lombardi's for that entire time. She stated she had tried to be a good neighbor, and not get into unnecessary arguments with Mr. Lombardi, noting she had approached him directly when the problem they are now facing first presented itself in 1995, asking him to stop burying raw garbage in the front yard of the property, and to stop leaving boxes and containers of decomposing animal and vegetable garbage around the property. Ms. Adams stated Mr. Lombardi would always smile and agree to stop, but still continued to do it. She noted she heard one witness state Mr. Lombardi had indicated things would get better, and he was beginning to make the necessary repairs, but Ms. Adams believed that was said only because this Public Hearing was being held, and she did not believe it would really happen unless the City took action. Ms. Adams stated the property smelled like a cesspool, particularly during the summer, and had swarms of flies. She stated most recently there had been a big problem with rats, even during the daytime, noting she has had to dispose of dead rats she has found in the parking lot, all of which she believes are a direct consequence of the problem next door. Ms. Adams stated if the City did not go in and remove the garbage, it would just stay there. Ms. Adams reported two of her neighbors who own the beauty salon at 1010 Tamalpais, and are tenants of Mr. Lombardi's, asked Ms. Adams to also speak on their behalf. She noted their property abuts onto the trash heap of leaves and decaying boxes of vegetables at the back of Mr. Lombardi's property, and they had first thought they had some kind of terrible plumbing problem in their beauty salon bathroom, but upon opening the window, the smell became much worse, and they realized it was from the yard. She stated the conditions on the property were just horrible, and asked for the Council's help. Terrance Colyer, a tenant of Ms. Adams, noting his law office was located at 633 Fifth Avenue, stated he co-authored the letter of December 23, 1996, and wrote a follow-up letter December 31, 1996. Mr. Colyer reported he personally witnessed everything stated in these letters, and could verify the situations described were true and correct. In response to Councilmember Heller's earlier questions asking "why?", Mr. Colyer stated that question assumed there was a rational process going on, but, having observed the situation for two years, he assured her this was not the case, noting the best evidence of that was the response to Mr. Janofsky I s letter to Mr. Lombardi, dated December 20, 1996. Mr. Colyer stated on December 27, 1996, a week after Mr. Janofsky's letter to Mr. Lombardi, Mr. Lombardi's blue pick-up truck was in the rear of the property, backed -up with the rear of the truck facing the back of the beauty salon, and Mr. Lombardi was in the process of unloading more organic materials and decaying vegetables. Mr. Colyer stated he observed Mr. Lombardi that morning unloading six or eight boxes of food debris and garbage, and SRCC MINUTES (Regular) 1/21/97 Page 10 SRCC MINUTES (Regular) 1/21/97 Page 11 approximately three or four large thirty gallon garbage bags, noting those were all initially dumped behind the beauty salon. Mr. Colyer stated this had been a regular process, going on for approximately two years, and the smell has been overwhelming, noting the owners of the beauty salon have, at times, been almost unable to use their property. Mr. Colyer stated this was clearly a health problem affecting all of the adjacent area, as well as an eyesore and a disgrace for all of San Rafael. Deputy City Attorney Davis noted Code Enforcement Officer Palmer had provided him with an additional letter of testimony from Verna Adams, dated January 15, 1997, and he distributed copies to the Councilmembers. Charles Lombardi, owner of the property at 637 Fifth Avenue, stated he had been trying to do organic gardening on the property, and what had been characterized as garbage was, to him, organic material which he was trying to decompose and use to ameliorate and fertilize the soil. He acknowledged he had made some mistakes, and noted there had been an earlier episode when he had worked with people from the City who gave him guidelines. He stated they had agreed on the guidelines, which stated he could not put any dairy, animal or fish material into the soil, but could put yard waste and vegetables into the soil. Mr. Lombardi felt he had stayed within those guidelines, noting what he had been putting into the soil was material that comes out of the soil, such as broccoli trimmings and potato peelings. He stated he digs a trench three feet deep, puts in approximately eight inches of organic material, three inches of dirt, another layer of organic material and another of dirt, tops it off with more dirt, and places a pile of leaves on top as mulch. Mr. Lombardi acknowledged there had been various working materials left around, such as tin cans and plastic buckets, which were all things he used. He stated this was similar to someone remodeling a house, and he was essentially remodeling his soil, noting the soil he started out with was not soil at all, it was basically just dirt, or sub -soil, and it required a lot of work to make it into a decent working garden. Mr. Lombardi stated he would like the Councilmembers to stop by and see the garden, noting there was not a day that went by that someone did not stop and compliment him on the garden. He felt the garden was a resource for the community, noting there were not many places someone could actually walk by and see a garden in process, being worked. Mr. Lombardi acknowledged he had made some mistakes when he started the garden, and his neighbors had reason to be offended; however, he believed the situation had now been greatly reduced, and the odor issue was minimal, noting he did not notice an odor at all. He reported that when he again tried to make a compost pile and there were complaints, he got rid of the compost pile. Mr. Lombardi reported he had spoken with the Code Enforcement Officer this afternoon and told him he felt the garden was over half -way completed as far as the amelioration process with the soil, noting he had been working the soil for the past two years, and it was now very healthy soil. Mr. Lombardi stated he was very happy when he worked in his garden, noting it was an avocation and a hobby for him, and something he was considering becoming more involved with. He acknowledged he had done some experimenting, and some of the experiments had not turned out very well; however, he believed the more odor you get, the more nutrition you get, and noted he had tried to moderate the nutrition level with the odor level. Mr. Lombardi reiterated that as soon as someone complained, he got rid of the compost pile. He stated he honestly believed he had been in compliance with the guidelines he and former Code Enforcement Officer Machado had discussed, noting he had followed the instructions for organic gardening in the booklet Ms. Machado had given him. Mr. Lombardi stated this was a question of moderation and consideration, and he felt he had been very considerate, reporting he had put a huge amount of time into this dirt, and had worked very hard on his garden. Mr. Lombardi stated he was very proud of his garden, and felt it was something positive for the environment, noting people talk about the benefits of reuse and recycling, and that was what he was trying to do. Mr. Lombardi stated that for any change, or new way of doing things, there were some consequences associated with it, and while these were things that were not important to his neighbors, they were important to him; therefore, he felt they needed to resolve the conflict, noting he was willing to cooperate in that resolution, and had already made significant changes. Mr. Lombardi apologized, acknowledging he had allowed a lot of stuff to get built up because he was putting all of his time into the plants and soil, and he should have been more tidy. Mr. Lombardi believed he had already dealt with 90% of the issues being raised, noting when the Code Enforcement Officer came to the site this afternoon, the SRCC MINUTES (Regular) 1/21/97 Page 11 SRCC MINUTES (Regular) 1/21/97 Page 12 sidewalks were cleared, everything had been washed down, the pile of leaves was half the size it had been, and the rest was being placed in garbage cans. Referring to the issue of rats and rodents, Mr. Lombardi stated there had been an influx of rats and rodents throughout the neighborhood, and had nothing to do with his property. He stated he was involved with a couple of the restaurants in the area, and reported they were killing five or six a day, noting these were establishments which kept immaculate kitchens. He stated the rats were coming up out of the storm drains because it had been exceptionally wet weather. Mr. Lombardi reported there had also been a run of mice last year, noting he had gotten thirty of them within a three day period, and ten of those were on a strip of City property on Fourth Street. He stated the entire area was full of mice because there was plenty for them to eat, noting they were part of the natural ecology, and were going to migrate all over. Mr. Lombardi stated blaming him for rats and field mice was unfair, unscientific, and unfounded, and there was no real evidence to support this. Mr. Lombardi felt the complaint was very broad and vague. He stated he knew he had to clean-up the things left on the sidewalk, but believed he had been in compliance with the other issues listed in the complaint, noting he had a deal with the City, and now the City had come back and said that deal was not good any more. Mr. Lombardi stated he had been working for a huge amount of time trying to fix the situation, and felt no real credit had been given to him for doing that. He stated if he knew what the deal was, he could live by the deal, and he noted that even among the Code Enforcement Officers themselves, there was confusion, and the City did not know what to do about this situation. Mr. Lombardi stated he was not operating an illegal dump, and was meticulous about what he put into the ground, noting there was no garbage going into the ground, only organic material that came out of the dirt to begin with. He stated there was no plastic, metal or wood, and everything in the dirt breaks down within a very short period of time. Mr. Lombardi stated he had been trying to moderate his garden, and still achieve his goals of having a high quality organic garden. Councilmember Phillips stated part of the Resolution addressed the action deemed appropriate, which he felt seemed to be reasonable requests of the neighbors. Mr. Phillips noted these were actions Mr. Lombardi had cited as actions he had already taken, or intended to take. Therefore, Mr. Phillips asked if Mr. Lombardi had any objection or comment to the specific action the Council, by this Resolution, was requesting? Mr. Lombardi stated his only objection would be to the issue of whether or not he was able to bring organic material onto the property, because just recycling the small amount he has would not make any difference. Referring to his pile of leaves, Mr. Lombardi reported he originally obtained his leaves from a pile the City had raked up near the freeway, noting the City had been doing this for eight or ten years and no one complained. He noted most of the material he puts into the ground was the same raw product as the chemically prepared vegetable matter and soil emollients which can be bought commercially. He noted he used to put oyster shells in the ground, as they are very good for the soil, but he stopped doing that because people were complaining. Mr. Lombardi stated he personally took issue with the odor complaint, because he did not believe the soil had an odor. He acknowledged his compost pile did stink, but once he received complaints, he got rid of it. Mr. Lombardi stated he followed the diagram for organic gardening given to him by the City, but was still being told he cannot do this. Referring to the pile of wood, Mr. Lombardi reported people steal wood from the pile and leave a mess, noting he had not brought any additional wood onto the property in three years. He also stated he did not believe there were any nails in the wood, as he had pulled the nails out. There being no further public comment, Vice -Mayor Cohen closed the Public Hearing. Councilmember Phillips stated, based on the testimony and his own observations of the photographs, he believed a Nuisance did exist. Therefore, he felt it was appropriate to comply with the City's regulations in this matter, as prescribed in the Resolution. Councilmember Heller agreed, stating she believed there was a Nuisance which needed to be abated, and asked that Mr. Lombardi be given a copy of the Resolution so he understood, step by step, what needed to be corrected on the property. Deputy City Attorney reported Mr. Lombardi had been provided with a copy of the staff report, and noted if Council were to adopt this Resolution, the City' s Resoluiton would be posted and served on Mr. Lombardi. Councilmember Miller stated he agreed a Nuisance existed, noting he still had concern SRCC MINUTES (Regular) 1/21/97 Page 12 SRCC MINUTES (Regular) 1/21/97 Page 13 regarding the compost and vegetable matter which was still there and causing the odor, because when that odor disrupts people's lives and businesses, the source of the odor should be removed. Mr. Miller asked if the City could do that, and how we would go about removing the odor, stating this was the number one issue he would like to see addressed, and he had not seen this specifically addressed in the Resolution. County Health Office Janofsky stated he believed if Mr. Lombardi were not allowed to bring additional waste material onto the property and bury it, nor allowed to keep the pile of material sitting on top of the ground, there should not be any odors from the material which had already been buried and covered with soil. Mr. Janof sky stated he had experienced horrendous odors on this property in the past, but that was when the material was still lying in the open trenches and had not been covered over. Vice -Mayor Cohen directed staff to monitor this particular aspect of the issue, noting that in addition to monitoring compliance and pursuing abatement if the Resolution is adopted, the City would also want to continue to monitor the site and determine if there were any ongoing problems as a result of previously buried garbage. Vice -Mayor Cohen stated he agreed a Nuisance existed, and rather than being so broad as to be vague, he felt the testimony presented by staff and the neighbors had been very detailed, noting that while Mr. Lombardi may choose to perceive himself as a pioneer in the field of organic gardening, his practices clearly come into conflict with issues of Public Health and the Ordinances of the City of San Rafael. Vice -Mayor Cohen stated the testimony left no doubt of this in his mind, and the Council was left with no choice but to direct the abatement of this Nuisance. Councilmember Miller moved and Councilmember Heller seconded, to declare the conditions present to be a Public Nuisance, and to adopt the Resolution directing abatement of said Nuisance. RESOLUTION NO. 9782 -RESOLUTION DECLARING CERTAIN DUMPING, BURYING, ACCUMULATION AND MAINTENANCE OF FOOD AND YARD WASTE, DEBRIS, TRASH, GARBAGE, AND OTHER SOLID WASTE ON THE PROPERTY LOCATED AT 657 FIFTH AVENUE (AP NO. 14-084-13) TO CONSTITUTE A PUBLIC NUISANCE, ORDERING THE PROPERTY OWNERS TO ABATE THE EXISTING NUISANCE WITHIN 15 DAYS AND TO CEASE AND DESIST FROM ANY FUTURE SUCH NUISANCE ACTIVITIES, DIRECTING CITY OFFICIALS TO ABATE THE NUISANCE IF THE OWNERS FAIL TO DO SO DURING THE ABATEMENT PERIOD, DIRECTING THE ASSESSMENT OF THE CITY'S ABATEMENT COSTS AS A LIEN AGAINST THE PROPERTY, DIRECTING THE RECOVERY OF SUCH ABATEMENT COSTS AS TAXES, AND AUTHORIZING THE RECOVERY OF ADMINISTRATIVE ABATEMENT COSTS. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro OLD BUSINESS: 16. AMENDMENT TO AGREEMENT WITH BUSINESS RECORDS CORPORATION (BRC) FOR THE PROVISION OF INFORMATION SYSTEMS AND SERVICES: (Admin. Svcs.) - File 4-3-117 a. RESOLUTION APPROVING AMENDMENT TO AGREEMENT. b. RESOLUTION APPROVING REVISED 1996-97 BUDGET FOR THE INFORMATION SYSTEMS DIVISION, INCLUDING AUTHORIZATION TO HIRE NEW PERSONNEL. Administrative Services Director Ken Nordhoff reported the City had been contracting for its Data Processing services with Business Records Corporation (BRC) since the early 1980's, and over this time a number of software products have been enhanced or provided to the City. He noted the City was presently using twenty applications to service the Fire, Finance, Police, and Recreation Departments. He pointed out that over this period of time there had been an information technology explosion, and the capabilities of current systems, the flexibility to meet user needs, and a number of other substantial technology gains had put the City's system in an obsolete position, and he noted the City has been wrestling for some time with what direction we take with respect to information systems, as provided to the various user departments. Mr. Nordhoff reported the last contract awarded for Business Records Corporation was in 1994, for a two-year period, noting that contract lapsed in September of last year. He stated staff was requesting an amendment to that contract, which would continue through June 30, 1997. Mr. Nordhoff noted the contract SRCC MINUTES (Regular) 1/21/97 Page 13 SRCC MINUTES (Regular) 1/21/97 Page 14 which was extended two years ago included three on-site employees of BRC, the continued licensing of the twenty applications, third -party maintenance of both hardware and software, and the acquisition of two new mainframe hardware units, at a cost of $400,000, which was to be amortized over a five-year period. Given the fact that we are presently paying approximately $430,000 a year for services with BRC, staff felt this was not in line with where the City could best get the most "bang for the buck" with respect to Data Processing and Information Systems and Services. Therefore, staff was looking for a transitional period with which to extend this contract, and begin the process of developing in-house resources. Mr. Nordhoff stated this proposal on the contract extension runs through June, 1997, and reduces the current on-site staffing from three positions to one position, with an additional half-time position which would support a number of products and projects, as outlined in the staff report. Mr. Nordhoff noted that with the reduction comes a substantial cost savings to the City, which has been estimated at approximately $101,000 over the first six months of 1997. He reported that in the 1994 contract there was a buy-out clause for the unamortized portions of the hardware which was acquired, and the amendment estimated this to be approximately $128,000, noting that was due in September, 1997. Mr. Nordhoff stated the City would have the ability to extend the contract for an additional two months if so needed, and the City would continue to license the twenty applications at a cost of $47,000 per year, and continue to pay maintenance fees, not to BRC, but instead, directly to the software and hardware vendors, at a cost of approximately $29,500 per year. Mr. Nordhoff stated staff believed this amendment was actually the first step in a technology transition process. He reported several documents had been prepared over the last few years, including the Wise Report, and the Budget Oversight Committee had spent extensive time reviewing the City's information system needs, our present contract, and the direction they felt the City should be heading. Mr. Nordhoff reported two BRC employees left the City's site in November, and since then staff had realized this was an opportunity to start bringing on in-house positions. Mr. Nordhoff stated staff was also recommending the transfer of the Data Processing Budget as it exists in the General Services Division, noting this was presently $433,200, and they would like to transition that to a new Information Systems Division, and begin recruitment for a new Information Systems Manager, as well as two Programmer Analyst positions. Mr. Nordhoff stated there were a number of benefits which could be achieved by embarking on this process, most importantly staff felt they would be able to provide a much wider range of services to all the User Departments, particularly as this process unfolds in the next few years. Mr. Nordhoff urged Council to adopt the two Resolutions, and emphasized there would be no increase in appropriations in transferring the funds from General Services to the Information Systems Division of the General Fund Budget, it was merely moving money from one place to another. Councilmember Miller stated Mr. Nordhoff had referred to the current twenty programs, and then alluded to the far more updated, pre-packaged programs available now, and asked if the City would be looking to transfer out of those twenty programs to the more updated programs? Mr. Nordhoff stated that once we brought staff into place and had a compliment of people ready to go, one of their first tasks would likely be reading the historical documents that have been prepared, and also Odeveloping a plan to transition from our current environment to a new environment, which would include an assessment of what extent we could continue to use the hard drive platforms that we have made a substantial investment in. Councilmember Phillips noted Mr. Nordhoff was suggesting a change in the composition of the personnel we currently have. Referring to earlier comments regarding the esoteric nature of some of the City's programs, and the fact that BRC had the background to create some job security, he asked if the new people we were to hire would be able to operate this system effectively? Mr. Nordhoff stated that in seeking people for the various positions, they would come with a variety of backgrounds, and we would not necessarily anticipate those people could entirely operate the new system. He noted that as part of this process, staff had sought BRC' s approval to work with the one remaining employee, and if that individual should be interested in being retained as a City employee, that would provide us a buffer in the transition process, because that person was very familiar with how to run the current systems. Mr. Nordhoff stated we would be looking at a compliment of people who would not only be able to retain what we have, but help us to move forward into new applications. Chuck Stuckey, Chairman of the Budget Oversight Committee, stated the Committee SRCC MINUTES (Regular) 1/21/97 Page 14 SRCC MINUTES (Regular) 1/21/97 Page 15 had not had a chance to vote because of the timing of the letters; however, he phone polled the members, and the majority were in agreement with everything that had been stated. He noted everything in the letter was consistent with the Wise Report, which arose out of earlier discussions between the City and the Budget Oversight Committee, and which had pointed out something the Committee, as a whole, had numerous times stated to the City, that it was time to get on with it and get rolling in this direction. Mr. Stuckey stated is was a fortuitous happenstance that BRC had finally given up the ship. Councilmember Heller asked what our fallback position would be if the one person with BRC chose not to remain with the City, and if BRC would continue to give us support past the ending of the contract? Mr. Nordhoff stated BRC had agreed to contract with the City on an "as needed" basis if necessary, noting funds had been set aside for this purpose. Ms. Heller noted the Councilmembers had received a letter from Dennie Dyer, member of the BOC sub -committee, and he agreed this was a win-win situation. Councilmember Heller moved and Councilmember Phillips seconded, to adopt the Resolution approving an amendment to the agreement with Business Records Corporation. RESOLUTION NO. 9783 -RESOLUTION AUTHORIZING THE SIGNING OF AN AMENDMENT TO AN AGREEMENT WITH BUSINESS RECORDS CORPORATION (BRC) (Extending Agreement Until 6/30/97). AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Councilmember Miller moved and Councilmember Heller seconded, to adopt the Resolution approving the revised 1996/97 budget for the Information Systems Division, including authorization for new personnel. RESOLUTION NO. 9784 -RESOLUTION APPROVING REVISED 1996/97 BUDGET FOR THE INFORMATION SYSTEMS DIVISION INCLUDING AUTHORIZATION TO HIRE NEW PERSONNEL. AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice- Mayor Cohen NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Mayor Boro Vice -Mayor Cohen acknowledged Mr. Stuckey's son, Tyler, in the audience, welcoming him to the meeting, and thanking him for his patience. 17. CITY COUNCIL REPORTS: None Vice -Mayor Cohen then asked for a moment of silence, and adjourned this portion of the meeting in memory of Irwin Williams, Cultural Affairs Commissioner, who passed away on January 6, 1997. OPEN SESSION - 10:15 PM: Vice Mayor Cohen reconvened the meeting and announced Closed Session item. CLOSED SESSION - 10:15 PM: 18. 0 Personnel Matters - Government Code Section 54957 Consideration of Public Employee Appointment: Police Chief OPEN SESSION - 10:55 PM: Vice -Mayor Cohen reconvened the meeting in Open Session and announced City Council had voted unanimously to offer an appointment to Camerino Sanchez as Police Chief. There being no further business to come before the City Council, Vice -Mayor Cohen adjourned the meeting at 11:00 PM. SRCC MINUTES (Regular) 1/21/97 Page 15 SRCC MINUTES (Regular) 1/21/97 Page 16 JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/21/97 Page 16