HomeMy WebLinkAboutMinutes 2016-11-02 @7:00 MINUTES
j CITY s SPECIAL MEETING
COUNCIL
y
o OF THE
cgij oR CITY OF SOUTH SAN FRANCISCO
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
CITY HALL CONFERENCE ROOM
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, NOVEMBER 2, 2016
7:00 p.m.
1. Call to Order. Time: 7:00 p.m.
2. Roll Call. PRESENT: Councilmembers Matsumoto,
Garbarino and Normandy& Vice
Mayor Gupta.
ABSENT: Mayor Addiego.
3. Public Comments—comments are limited to items on the Special Meeting
Agenda.
None.
4. Agenda Review.
None.
5. Report regarding a resolution approving a Purchase Agreement with WatchGuard
Video in an amount not to exceed $312,699 for the purchase of an integrated
Mobile Audio Video (MAV)/Body Worn Camera(BWC) System; amend the
Police Department's Fiscal Year 2016-17 Operating Budget by$92,100; increase
budgeted revenues by$60,000 to account for risk management grant funds from
the Association of Bay Area Governments Pooled Liability Assurance Network
(ABAG PLAN); and authorize the City Manager to execute a Purchase
Agreement on behalf of the City. (Jeff Azzopardi, Police Chief)
5A. Resolution No. 122-2016 approving a Purchase Agreement with
WatchGuard Video in an amount not to exceed $312,699 for the
purchase of an integrated Mobile Audio Video (MAV)/Body Worn
Camera(BWC) System; amend the Police Department's Fiscal Year
2016-17 Operating Budget by$92,100; increase budgeted revenues by
$60,000 to account for risk management grant funds from the
Association of Bay Area Government's Pooled Liability Assurance
Network (ABAG Plan); and authorize the City Manager to execute a
Purchase Agreement on behalf of the City.
Police Sergeant Rudis presented the staff report recommending that the City Council adopt a
Resolution approving a Purchase Agreement with WatchGuard Video (WatchGuard) in an amount
not to exceed $312,699 for the purchase of an integrated Mobile Audio Video (MAV) /Body Worn
Camera (BWC) System and amending the Police Department's Fiscal Year 2016-17 Operating
Budget by$92,100. The proposed Resolution would also increase budgeted revenues by$60,000 to
account for risk management grant funds from the ABAG Plan and authorize the City Manager to
execute a Purchase Agreement on behalf of the City. Sgt. Rudis advised that recent nationwide events
involving police use of force, along with a recent San Mateo County Civil Grand Jury report, had
generated calls for law enforcement officers to wear BWCs. The Police Department intends to adopt
the use of BWCs for all of its officers in the field. The Department currently operates a vehicle-based
MAV System to record interactions between officers and community members that occur near a
patrol vehicle,but the patrol officer is only equipped with an audio transmitter. The current MAV
system is over seven (7) years old, has surpassed its lifecycle and has begun to degrade in
performance and reliability. The current proposal would allow for one(1) integrated system and
include cameras placed on the front windshield and back of the patrol car as well as a BWC that
would display the perspective of each patrol officer that wears the equipment.
Sgt. Rudis continued that body worn cameras can help reduce instances of police use of force and
citizen complaints. The majority of law enforcement agencies in San Mateo County are in various
stages of adopting or considering adopting the use of BWCs. The general membership of the City's
Police Officers' Association is in favor of the cameras and there is consensus amongst the officers
generally that use of the cameras is a positive action by the Department.
Regarding the vendor selection process, Sgt. Rudis explained the Department issued a Request for
Proposals (RFP) for an integrated MAV/BWC system in late August. Five (5) responses to the RFP
were received. In mid-October, Lt. Wall, Sgt. Rudis, and Police Consultant Daryl Jones evaluated and
scored the responses based on 83 criteria. Of the five proposals, three (3) were disqualified for not
meeting the requirements/specifications listed in the RFP. Of the two remaining proposals, the
assessors unanimously rated WatchGuard number one (1) and Taser number two (2). WatchGuard's
price was the lower of the two (2) and its products rated superior and more mature. Accordingly,
staff recommended the selection of WatchGuard as the vendor for the Police Department's integrated
MAV and BWC system.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 2
Councilwoman Matsumoto commended the Department's work on the very thorough vendor selection
process. She strongly favored use of the cameras and thought the system would be an asset to the
Department. She queried the cameras' recording trigger mechanism.
Sgt. Rudis responded that the MAV system would start recording based on speed, crash, removal of
weapons from the vehicle or manual operation. The BWC system is manually operated. However, if
an officer forgot to turn it on, there is a feature that allows activation after the fact and a reasonable
amount of footage preceding that period would be captured.
Councilwoman Matsumoto queried whether the Bike Patrol would have use of the BWCs and their
recording capacity.
Sgt. Rudis advised the Bike Patrol would wear the cameras. Further, the system could record for up
to nine (9)hours.
Councilwoman Matsumoto further queried plans for citizen outreach regarding use of the cameras.
Sgt. Rudis responded the press, social media and use of programs such as the Citizens' Academy
would be employed for community outreach.
Councilman Garbarino noted that the staff report included several pros and cons regarding each
vendor. He queried the factor that most influenced the decision to select WatchGuard.
Lt. Wall advised the "pros"were overwhelmingly in favor of WatchGuard. Notably it was the only
vendor that offered speed activation and crash activation features and the ability to record after the
fact.
Councilwoman Normandy queried whether there was any concern about possible legal challenges by
individuals that are recorded by the system as well as the training that would be employed to prepare
officers to use the system.
Lt. Wall advised that officers would be trained in discretion in use of the cameras. Particularly in
circumstances with juveniles or domestic violence incidents, certain discretion would be advised.
Regarding privacy challenges, he advised that there generally is no expectation of privacy in public.
Councilwoman Normandy next queried whether the hiring of additional personnel would be required
to pull information from the video.
Chief Azzopardi advised Police Media Technician Clemente would handle the work, although it was
unknown how much of his time it would require. Nevertheless, it was believed it could be handled
within his current job duties.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 3
Vice Mayor Gupta stated support for the proposal. He believed the Department had done a very
thorough and professional job of selecting the vendor. He was pleased to read in the staff report that
citizens from neighboring cities that employed the BWCs had not raised issues over their
introduction. He queried how the District Attorney's Office would assimilate evidence amongst cases
from cities that employ BWCs and cities that don't.
Chief Azzopardi advised he was at a County meeting earlier in the day, and based on conversation
there, he was confident that aside from Daly City the cities in the County were taking steps to bring
this proposal to their respective Councils. Further, the various systems including WatchGuard have
the ability to electronically send evidence to the DA's Office.
Finally, Vice Mayor Gupta queried the susceptibility of the video to a records request.
City Attorney Rosenberg advised the majority of the video would be exempt from disclosure as the
subject of an ongoing Police investigation, even after the close of an investigation. He noted that a
change to legislation could remove this large blanket exception,but for now it stood. He cautioned,
however, that if a court issued subpoena requested the footage, the footage would be provided to the
Court.
In response to a question from Councilwoman Matsumoto, Chief Azzopardi advised that a sufficient
number of units would be purchased to cover all officers on duty during normal shifts. He further
advised that in mutual aid cases, responding officers from other cities would follow their own
Department's protocols and would not be issued South San Francisco BWCs.
Motion—Councilwoman Matsumoto/Second— Councilwoman Normandy: to approve Resolution No.
122-2016. Approved by the following roll call vote: AYES: Councilmembers Normandy, Matsumoto
and Garbarino and Vice Mayor Gupta;NAYS: None; ABSENT: Mayor Addiego. ABSTAIN: None.
6. Report regarding a resolution amending the City Clerk Department Fiscal Year
2016/17 Operating Budget in the amount of$10,000 to fund a Management
Consultant Study of the City Clerk Department.
6A. Resolution amending the City Clerk Department Fiscal Year
2016/17 Operating Budget in the amount of$10,000 to fund a
Management Consultant's Study of the City Clerk Department.
City Clerk Martinelli presented the staff report recommending that Council approve a Resolution
amending the City Clerk Department Fiscal Year 2016/17 Operating Budget in the amount of$10,000
to fund a Management Consultant Study of the City Clerk Department.
The City Clerk quantified the increased workflow related to essential City Clerk's Office compliance
functions and presented a catalog of City Clerk's Office duties that was attached to the staff report.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 4
She advised that as the pace of City business increased, necessary infrastructure in the City Clerk's
Office lagged behind. Accordingly, in partnership with the Human Resources Department, efforts to
update job descriptions and devise a staffing plan had been underway since January 2016. It was
believed that a consultant could help with this effort and make recommendations as to how to staff
the Office moving forward.
Council encouraged the City Clerk and Human Resources Departments to come forward with a
staffing proposal without the use of a Consultant.
The City Clerk advised she was pleased to pursue this opportunity, as she believed she knew the
needs of her Office and was prepared to work on a proposal in partnership with the Human Resources
Department. As her position was elected, it had been difficult for staff to come to agreement upon
job descriptions based on comparable Office structures. However, she believed that the obligation to
operate a professional City Clerk's Department was essential to her elected status. She was
committed to serving the public in the most efficient and precise means possible and to ensuring
satisfaction of the City's compliance obligations entrusted to her by the City's residents. With
Council's support, she believed a staffing plan could be proposed at the time of the Midyear Budget
Review.
Councilwoman Matsumoto queried several nonessential tasks that had fallen to the Clerk's
Department over the years, including the City Wide Garage Sale, City Council Handbook version
control, the Board and Commission Recognition Event and the receipt of email inquiries City-wide.
The City Clerk explained that the majority of these tasks had been with the Department since she took
Office in 2007. While the tasks were nonessential to the Office, attention to them distracted from
pressing compliance matters from time to time. Regarding assumption of City Council Handbook
version control, she advised she volunteered to handle this task in 2015 because the Handbook was
important to the function of Boards and Commissions. Accordingly, she believed it was important
that a functioning version of the Handbook be pieced together. She understood that with the
Management transition in 2013, a Word version of the Handbook was not retrievable from the City
Manager's servers. Accordingly, she undertook to build the current version of the Handbook for
Council's review by analyzing legislative history. Since the majority of time consuming work on this
task had been accomplished, she believed the Department could assume the version control function
moving forward.
Councilwoman Normandy offered to assist and provide direction to staff throughout the process of
developing the City Clerk's Office staffing proposal.
The City Clerk thanked Council for its support and looked forward to working with the Human
Resources Department and Councilwoman Normandy to put a proposal together by Midyear.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 5
City Manager Futrell advised he would like to meet with the City Clerk, Councilwoman Normandy
and his Executive Team to review some of the nonessential functions that had fallen to the Clerk's
Office over the years.
The City Clerk agreed to this meeting and advised she would be pleased to have her Department
continue any of the functions as needed.
7. Report regarding a resolution amending the City's Conflict of Interest Code to
update the List of Designated Positions. (Krista Martinelli, City Clerk).
7A. Resolution No. 123-2016 amending the City's Conflict of
Interest Code to update the List of Designated Positions. (Krista
Martinelli, City Clerk)
City Clerk Martinelli presented the staff report recommending that Council adopt a Resolution
amending the City's Conflict of Interest Code (COI) to update the List of Designated Positions. She
advised that at its September 28, 2016 Regular Meeting, the City Council accepted by Motion the
2016 Biennial Notice(Notice) pursuant to the California Political Reform Act. As specified in the
Notice, the City's COI was in need of amendment due to changes to the City's organizational
structure, elimination of positions and re-named positions, added positions and changes in duties and
responsibilities. Based on the date Council accepted the Notice, the City was obligated to revise the
COI by Tuesday, December 20, 2016, 90 days from the filing of the Notice.
Regarding the proposed amended COI, the City Clerk explained that no revisions were being
recommended to the Disclosure Categories as ordering of the Form 700 schedules had not changed
since the 2009 update. The proposal included several changes to the City's List of Designated
Positions. These changes generally reflected title changes, eliminated and added positions. The
Clerk explained that employees filling new positions included on this list had been filing the Form
700, as she was obligated by the FPPC to require positions meeting the materiality standard to file the
Form until the COI was updated.
Councilwoman Matsumoto queried the meaning of"Consultants"under the Code.
The Clerk advised that consultants performing direct projects for the City and interacting with the
public and making decisions on behalf of the City were required to file the Form.
The Councilwoman requested that the City Clerk and Attorney review the standard and look into the
creation of a dollar amount threshold that would capture and require filing by more of the City's
consultants.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 6
The City Attorney recommended that the current COI be adopted to meet the FPPC deadlines. The
Clerk and City Attorney would propose an amendment to the COI based on a Consultant dollar
amount threshold at a later date.
Council agreed.
Motion—Councilman Garbarino/Second—Councilwoman Normandy: to approve Resolution No.
123-2016. Approved by the following roll call vote: AYES: Councilmembers Normandy, Matsumoto
and Garbarino and Vice Mayor Gupta; NAYS: None; ABSENT: Mayor Addiego. ABSTAIN: None.
8. Study Session regarding proposed amendments to the City Council Handbook.
(Krista Martinelli, City Clerk and Jason Rosenberg, City Attorney)
City Clerk Martinelli presented the staff report recommending that Council review the City Council
Handbook (Handbook) and provide direction regarding amendments. She advised that in January
2015 she agreed to work with her staff to reconstruct the Handbook which had not been updated to
include policy changes made since 2013. The City Manager's Office had formerly maintained
version control on the document. With retirements and the shift in composition of the City Manager's
Office that occurred in late 2013 and early 2014, the then current Word version of the Handbook was
not able to be located. Accordingly, this rebuild was necessary. To create the Word version of the
Handbook presented this evening, the PDF version of the Handbook accessible on the City's servers
was compared against relevant Council legislation. City Council resolutions modifying the Handbook
since 2013 were incorporated. The City Clerk and City Attorney also identified policies
reflected in the Handbook that had been changed by legislation not directly referencing it; these
changes were presented in track changes format in the attached Handbook for Council's
consideration. Additionally items with unclear legislative history impacting Council expense
reporting and reimbursement policies were included for review.
The City Clerk and City Attorney recommended that Council review the handbook as presented and
determine whether it met current needs. Proposed revisions could be reviewed and brought back to
Council at a later date.
Councilmembers determined to discuss the City Council Reorganization Policy set forth at Appendix
lA of the Handbook and approve any revisions at the November 30, 2016 special meeting of the City
Council. It would review the Handbook and agendize discussion of further revisions at a later date.
Councilmembers reviewed the proposed changes to Appendix 1A.
Vice Mayor Gupta queried whether the Mayoral Rotation specified in the Appendix was binding on
Council.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 7
City Attorney Rosenberg advised the Mayoral Rotation specified in Appendix 1A was not binding on
Council,but was intended as an agreed upon suggestion.
Councilwoman Matsumoto clarified that the Appendix suggesting Mayoral Rotation was originally
added to the Handbook to ensure that a Councilmember that was consistently"the lowest vote getter"
would still have the opportunity to be Mayor.
City Attorney Rosenberg advised that Appendix lA would be brought back for approval at the
November 30, 2016 Meeting of the City Council.
9. Report regarding a resolution approving the Amended and Restated Master
Agreement for Taxing Entity Compensation for distribution of the net proceeds
from the disposition of properties conveyed to the City of South San Francisco
consistent with the Long Range Property Management Plan and authorizing the
City Manager to execute said Agreement. (Jason Rosenberg, City Attorney)
9A. Resolution No. 124-2016 approving the Amended and Restated
Master Agreement for Taxing Entity Compensation for
distribution of the net proceeds from the disposition of
properties conveyed to the City of South San Francisco
consistent with the Long Range Property Management Plan and
authorizing the City Manager to execute the Agreement.
City Attorney Rosenberg presented the staff report recommending that Council adopt a Resolution
approving the Amended and Restated Master Agreement for Taxing Entity Compensation (the Master
Agreement) for distribution of the net proceeds from the disposition of properties conveyed to the
City of South San Francisco. Consistent with the 2016 Master Agreement, ten (10) Taxing Entities
are scheduled to receive revenue from the disposition of properties conveyed to the City of South San
Francisco. The Oversight Board and seven (7) of the entities had approved the Master Agreement.
The County Auditor had requested that another entity coordinate distribution of the net proceeds. The
City's Finance Department had confirmed that it has the capability to distribute the net proceeds, and
that doing so would not place an undue burden on City resources. In cooperation with the County
Counsel's Office, the City Attorney had amended the Master Agreement to provide for the City to
distribute the net proceeds to the taxing entities. Upon Council's approval, the revised Agreement
would be forwarded to the Oversight Board and taxing entities for approval.
Councilwoman Matsumoto queried the origin of the Willow Gardens Parks and Parkways
Maintenance District, one of the taxing entities identified in the Agreement.
The City Attorney explained the Willow Gardens Parks and Parkways Maintenance District includes
the Willow Gardens Development near the Sunshine Gardens Neighborhood in South San Francisco.
SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 8
The City Council is the governing body for the City's share of the property tax allocated towards the
Willow Gardens Parks and Parkways Maintenance District and also serves as the Board of this
District.
Vice Mayor Gupta queried legal implications related to performance of the distribution by the City.
Finance Director Lee advised the process would be audited.
Motion—Councilman Garbarino/Second—Councilwoman Normandy: to approve Resolution No.
124-2016. Approved by the following roll call vote: AYES: Councilmembers Normandy, Matsumoto
and Garbarino and Vice Mayor Gupta; NAYS: None; ABSENT: Mayor Addiego. ABSTAIN: None.
ADJOURNMENT
Being no further business, Vice Mayor Gupta adjourned the meeting at 9:14 p.m.
Submitted by: Approved by:
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• Martin; li, City Clerk Pradeep Gupta, Mayor
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SPECIAL CITY COUNCIL MEETING NOVEMBER 2,2016
MINUTES PAGE 9