HomeMy WebLinkAboutMinutes 2019-10-23 @7:00MINUTES
1A SAN`S REGULAR MEETING
CITY COUNCIL
CITY OF SOUTH SAN FRANCISCO
CgtIFOR��P
Meeting held at:
MUNICIPAL SERVICES BUILDING
COUNCIL CHAMBERS
33 ARROYO DRIVE
SOUTH SAN FRANCISCO, CA
WEDNESDAY, OCTOBER 23, 2019
7:00 P.M.
CALL TO ORDER 7:02 p.m.
ROLL CALL Present: Councilmembers Addiego, Nagales, and Nicolas,
Vice Mayor Garbarino.
Absent: Mayor Matsumoto
PLEDGE OF ALLEGIANCE
Led by Uria Gonzalez, a student of Martin Elementary School.
AGENDA REVIEW
No changes
ANNOUNCEMENTS FROM STAFF
None
PRESENTATIONS
1. Presentation of a proclamation recognizing November 14th as Ruby Bridges Day in South
San Francisco. (Karyl Matsumoto, Mayor)
Councilmember Nicolas introduced Ms. Carlino, a 5th grade teacher from Martin Elementary School
and her students: Natalia Alvarez, Alica Gutierrez, Jerod Berrcea, Pedro Lopez, Jordan Prada
Ponce, Violeta Seguera, Hans Lim, Kiara Selgado, Jaden Samuels, Luisa Murio, Jabob Lim,
Lawrence Knight and Uria Gonzalez. The students read into the record a proclamation declaring
November 14th as Ruby Bridges Walk to School Day in South San Francisco. The students
accepted the recognition and thanked Council for their support.
PUBLIC COMMENTS
Bryan Niswonger, a former South San Francisco employee of 30 years, addressed the Council to
express his experience with the current workers' compensation policy. He is currently under
treatment and has been denied medication and additional surgeries. He has since appealed the
denials but asked that Human Resource implement a review process for patients dealing with the
workers' compensation system.
Councilmember Addiego inquired about the chronology of events to pinpoint when the services
changed. Mr. Niswonger indicated about 1 '/2 years ago when former Tristar workers' compensation
adjuster Joe Hotchkiss retired.
COUNCIL COMMENTS/REQUESTS
Councilmember Nagales attended his first League of California Cities conference and learned a lot
of information from various leaders across the state that he will share with the City Manager to
implement policies. He recognized Vice Mayor Garbarino for his recent appointment as At -large
Director for the League of California Cities. He thanked Code Enforcement officers for addressing
his concerns and encouraged residents to call Code Enforcement at (650) 829-6682. He provided an
update on the initial meeting with Caltrans to address trash around the City.
Councilmember Addiego attended the 36th Annual Historical Society dinner and looks forward to
future events from the society.
Councilmember Nicolas recognized the Cultural Arts Commission on their art exhibit and karaoke
night. She encouraged the community to attend the Flu Fair at the Boys and Girls Club in Paradise
Valley on Sunday, November 10th
Vice Mayor Garbarino invited the community to attend the Firefighters Burn Relay event on
Thursday, October 24th at Station 61 between 2:00-2:30 p.m. Fire Chief Magallanes will provide an
update to Council on the money raised from the event. He thanked Councilmember Nagales for the
recognition and shared his experiences as President of the League of California Cities over the last
two years.
CONSENT CALENDAR
The City Clerk duly read the Consent Calendar, after which Council voted and engaged in
discussion of specific items as follow: Councilmember Nagales pulled item 2.
2. Motion to approve the Minutes for the meetings of August 26, 2019, September 23, 2019,
September 25, 2019.
Item 2: Councilmember Nagales abstained from voting on the approval of the minutes of
September 23, 2019 due to his absence.
Motion—Councilmember Nicolas/Second—Councilmember Addiego: to approve Consent Calendar
Item 2. Approved by the following roll call vote: AYES: Councilmember Nagales, Vice Mayor
Garbarino, Councilmember Addiego, Councilmember Nicolas; NAYS: None; ABSENT: Mayor
Matsumoto; ABSTAIN: Councilmember Nagales from minutes of September 23, 2019.
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3. Report regarding Resolution No. 139-2019 approving and authorizing the acceptance of
in-kind donations and $10,100 in sponsorships for the Concert in the Park event on
Saturday, September 28, 2019 at Orange Memorial Park. (Sharon Ranals, Director of Parks
and Recreation)
4. Report regarding Resolution No. 140-2019 approving and authorizing the acceptance of
$25,000 in grant funding from the United Way Bay Area (UWBA) to support the South San
Francisco Public Library's literacy services' Census 2020 project and approving the Budget
Amendment 20.021. (Karla Bourdon, Library Program Manager for Literacy Services)
5. Report regarding adoption of Ordinance No. 1589-2019 amending Chapter 4.04 of the South
San Francisco Municipal Code revising the City Manager's contract approval authority.
(Janet Salisbury, Director of Finance)
Motion—Councilmember Nicolas/Second—Councilmember Addiego: to approve Consent Calendar
Items 3, 4, and 5. Approved by the following roll call vote: AYES: Vice Mayor Garbarino,
Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas; NAYS: None;
ABSENT: Mayor Matsumoto; ABSTAIN: None.
ADMINISTRATIVE BUSINESS
6. Report regarding Resolution No. 141-2019 approving and authorizing the City Manager to
execute a first amendment to the existing consulting agreement with Contractor Compliance
and Monitoring, Inc. (CCMI) of San Mateo, California, for $75,302 for a total not to exceed
amount of $148,802. (Brian Schumacker, Plant Superintendent)
Plant Superintendent Schumacker presented the report on a first amendment to the existing
consulting agreement with Contractor Compliance and Monitoring, Inc. (CCMI) The City selected
this contractor through a competitive process and executed a contract on October 29, 2018 to
develop and monitor a Labor Compliance Program (LCP) per State and Federal requirements. The
LCP program was intended for the Wet Weather and Digester Improvements Project currently under
construction.
He indicated that Flatiron Construction (Contractor), identified six subcontractors in the original bid
documents for this project. As the project has progressed and matured, the Contractor now has 21
subcontractors, all of which must participate in the LCP. The increased number of subcontractors
has resulted in significant additional cost on CCMI to implement and monitor the LCP. The $75,302
of the supplementary budget is commensurate with the increased level of effort by CCMI. Because
of the increased level of effort and because the LCP is a specific requirement of the State Revolving
Fund loan program, staff recommends amending the agreement and for the Council to authorize the
City Manager to execute a first amendment to the consulting agreement with CCMI in an amount of
$75,302, for a total not to exceed amount of $148,802 for the labor compliance monitoring of the
Wet Weather and Digester Improvements Project.
Councilmember Addiego inquired about the total cost of the project. Plant Superintendent
Schumacker indicated the total project cost was about $57 million dollars.
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Councilmember Nicolas inquired about the growth of subcontractors from 6 to 21. Plant
Superintendent Schumacker provided background information addressing the increase of
subcontractors.
Motion—Councilmember Addiego/Second—Councilmember Nagales: to approve Resolution No.
141-2019 approving and authorizing the City Manager to execute a first amendment to the existing
consulting agreement with Contractor Compliance and Monitoring, Inc. (CCMI) of San Mateo,
California, for $75,302 for a total not to exceed amount of $148,802. Approved by the following
roll call vote: AYES: Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales,
and Councilmember Nicolas; NAYS: None; ABSENT: Mayor Matsumoto; ABSTAIN: None.
7. Report regarding Resolution No. 142-2019 approving the write off of 187,084.99 in
uncollectable ambulance billing accounts receivable. (Richard Walls, Emergency Medical
Services Chief)
Emergency Medical Service Chief Walls presented the report to recommend that City Council
write-off balances of 173 uncollectable ambulance billing accounts, totaling $187,084.99. Since
December 2015, the South San Francisco Fire Department (SSFFD) and Finance Department have
implemented accounting practices that allow for periodic financial reviews and write-offs by
Council. Once all accounts have been processed by our primary and secondary billing contractors,
the remaining outstanding balances are then forwarded to SSFFD for write-off consideration.
He indicated the Write -Off Summary, summarizes the accounts by year. Using procedures put in
place, and with the assistance of City Council, staff has worked to greatly reduce the number of
uncollectable accounts, decreasing the accumulated aged accounts balance. This write-off request is
the first since April 8, 2019, and is part of our plan to present these accounts to Council on a
regular, recurring basis.
The request contains a mix of accounts from our legacy billing vendors that have been processed by
our secondary billing contractor and are deemed uncollectable. Included in this request is one
approved hardship waiver in the amount of $2,256.00. The process for writing off financial
hardships was approved by Council in December of 2015 and the existence of a process is required
by the Centers for Medicare and Medicaid Services.
Councilmember Nagales requested clarification on the process of a write-off. Emergency Medical
Service Chief Walls indicated there are 15 accounts from 2019 and vendors work for several
months to collect costs and accounts are written -off when there is a lack of response.
Councilmember Nicolas inquired if the City could still recover funds from the write-offs.
Emergency Medical Service Chief Walls stated that it is possible for the City to collect from these
accounts even after they are written -off.
Motion—Councilmember Nicolas/Second—Councilmember Nagales: to approve Resolution No. 142-
2019 approving the write off of 187,084.99 in uncollectable ambulance billing accounts receivable.
Approved by the following roll call vote: AYES: Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas; NAYS: None; ABSENT: Mayor
Matsumoto; ABSTAIN: None.
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8. Report Regarding Resolution No. 143-2019 Amending the City of South San Francisco
Salary Schedule to Establish the Classification of Deputy Finance Director (Leah Lockhart,
Human Resources Director)
Human Resources Director Lockhart presented the report regarding an amendment of the City of
South San Francisco salary schedule to establish the classification of Deputy Finance Director. In
the City's 2019-2021 Operating Budget, Council approved additional funding to upgrade one
Financial Services Manager position to Deputy Finance Director. The Deputy Finance Director
position would be a new classification intended to provide high-level managerial support to
operations, and to serve in the absence of the Finance Director, similar to deputy director positions
in other City departments. In June, 2019 the City hired a new Finance Director, therefore, the
creation of the new classification was put on hold in order to allow the Finance Director time to
assess the department's needs and determine the appropriate roles of staff moving forward.
She indicated that staff developed a job description for Deputy Finance Director based on the
current and foreseeable needs of the Finance Department. In addition to providing complex
administrative support and oversight to department operations, the Deputy Finance Director will
lead and manage special projects of significant complexity and serve as the Director in her absence.
Under this structure, the Financial Services Manager would continue to provide direct supervision
and technical expertise for some of the department's work units, depending on the department's
current needs and staff capabilities. A compensation study was conducted and, due to insufficient
number of external benchmarks, staff recommends a salary range of $143,853 - $174,854 annually
($69.16 - $84.06 hourly), equivalent to Deputy Economic and Community Development Director.
The proposed job description and salary range was shared with the Mid -Management unit
represented by Teamsters Local 856, and agreement was reached on the establishment of the new
classification.
Councilmember Addiego inquired if one of the current Financial Service Manager positions would
be reclassified to the new Deputy Finance Director and whether it would be an internal pool of
candidates. Human Resources Director Lockhart stated that the vacant Financial Service Manager
position would be reclassified to the Deputy Finance Director position and indicated that they have
not yet determined how to fill the position.
Motion—Councilmember Addiego/Second—Councilmember Nicolas: to approve Resolution No.
143-2019 amending the City of South San Francisco Salary Schedule to Establish the Classification
of Deputy Finance Director. Approved by the following roll call vote: AYES: Vice Mayor
Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas;
NAYS: None; ABSENT: Mayor Matsumoto; ABSTAIN: None.
9. Report regarding Resolution No. 144-2019 approving a Master Encroachment Agreement
with Sonic Telecom, LLC for the Installation of Network Facilities within the Public Rights
of Way, and authorizing the City Manager to execute the agreement. (Eunejune Kim,
Director of Public Works/City Engineer)
Director of Public Works/City Engineer Kim provided a report on approving a Master
Encroachment Agreement with Sonic Telecom, LLC for the Installation of Network Facilities
within the Public Rights -of -Way. The City manages and regulates the use of public streets,
easements, and public rights-of-way that have been dedicated to the City. Private utility companies
and public utilities have the authority under state law and California Public Utilities Commission
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(CPUC) to install and maintain their facilities within public streets and rights-of-way, subject to
regulations imposed by the City.
Sonic Telecom, LLC ("Sonic") is planning a fiber-optic project within the City, and is requesting
permission to install new fiber-optic lines/conduits within the City's public rights-of-way east of
Interstate 280. The majority of these installations will be overhead on existing joint use utility poles,
while a small percentage will be underground. The fiber optic installations support high-speed
telecommunications services.
He recommends approval of a Master Encroachment Agreement to allow for the installation of
facilities, and to outline the terms and conditions for the non-exclusive use of the public rights-of-
way. The agreement grants a revocable license to Sonic to install fiber-optic facilities in the rights-
of-way, but requires Sonic to obtain individual encroachment permits for each separate installation.
The term of the agreement is ten (10) years from its execution, unless otherwise renewed by the
parties.
The Master Agreement provides the City with control over installation and maintenance within the
public rights-of-way, and it requires Sonic to provide the City with updated maps annually with
details of their installations. Sonic is also responsible for damages to the rights-of-way due to
construction of its facilities pursuant to the Master Agreement, and to maintain insurance coverage.
The Master Agreement further imposes indemnification obligations on Sonic to indemnify, defend
and hold harmless the City against liabilities arising from Sonic activities pursuant to the agreement,
with the exception of those solely caused by the City's gross negligence or willful misconduct.
The City may terminate this agreement with a ninety -day written notice in the event that (1) the
fiber-optic facilities interfere with the use or disposal of the public right-of-way; (2) that Sonic fails
to comply with the terms of the Master Encroachment Agreement; (3) bankruptcy or dissolution of
Sonic; and (4) revocation, expiration or other loss of applicable permits or authorizations required
by City or other laws for the fiber-optic facilities.
Councilmember Nagales inquired about the area of service within in the City. Director of Public
Works/City Engineer Kim indicated that Sonic requested that the areas of service be kept
confidential and introduced Hank Schlotman Construction Project Manager from Sonic. Mr.
Schlotman stated that the company builds on existing aerial structures.
Councilmember Nagales expressed concerns with the digital divide if only half of the City would
have access to the services.
Councilmember Nicolas inquired on how the City can regulate these types of installations and if the
City can impose a limit. City Attorney Woodruff indicated that State law regulates thorough the
California Public Utilities Commission. Telecom companies have the right to install network
facilities within the public right-of-way.
Motion—Councilmember Addiego/Second—Councilmember Nicolas: to approve Resolution No.
144-2019 approving a Master Encroachment Agreement with Sonic Telecom, LLC for the
Installation of Network Facilities within the Public Rights of Way, and authorizing the City
Manager to execute the agreement. Approved by the following roll call vote: AYES: Vice Mayor
Garbarino, Councilmember Addiego and Councilmember Nicolas; NAYS: Councilmember
Nagales; ABSENT: Mayor Matsumoto; ABSTAIN: None.
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ITEMS FROM COUNCIL — COMMITTEE REPORTS AND ANNOUNCEMENTS
ADJOURNMENT
10. San Mateo County City Selection Committee (Richard Garbarino, Vice Mayor)
Vice Mayor Garbarino provided background information to the newly elected Councilmembers on
the voting process. Council engaged in a discussion with a consensus of the Council to recommend
Julia Mates for the San Mateo County Transportation Authority, Ann Schneider for the Bay Area
Air Quality Management District and Glenn Hendricks for the Association of Bay Area
Governments.
CLOSED SESSION
Time entered Closed Session: 8:03 p.m.
11. CONFERENCE WITH LABOR NEGOTIATORS
Agency designated representatives: Leah Lockhart, Human Resources Director
Employee organization: AFSCME, Local 829; Confidential Unit Teamsters Local 856;
International Union of Operating Engineers, Local 39; and Mid management Unit
Teamsters Local 586
Meeting resumed: 9:10 p.m.
Report out of Closed Session by Vice Mayor Garbarino: Direction given. No reportable action.
ADJOURNMENT
Being no further business, Vice Mayor Garbarino adjourned the meeting at 9:11 p.m.
Respectfully submitted by:
AGovea Acosta, CMC, CPMC
City Clerk
Approved: O I l °yl 2,e 2AP
Approved by:
AA
Rich rd Garbarmo OrLek4V,
Mayor
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