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HomeMy WebLinkAboutMinutes 1990-04-11Mayor Richard A. Haffey Council: J ack Drago Gus Nicol opulos John RJ Penna Roberta Cerri Teglia AGENDA CALL TO ORDER: (Cassette No, 1) ROLL CALL: INVOCATION: PLEDGE OF ALLEGIANCE AGENDA REVIEW ORAL COMMUNICATIONS COMMUNITY FORUM MINUTES City Council Municipal Services Building Community Room APRIL 11, 1990 ACTION TAKEN 7:30 pJm. Mayor Haffey presidingJ Council present: Council absent: Nicolopulos, Penna, Teglia, Drago and Haffey. None. Reverend Tiapula, St~ Paul's Methodist Church, gave the invocationJ The pl edge was reci ted J AGENDA REVIEW City Manager Annas stated that he had nothing to add or delete from the Agenda~ ORAL COMMUNICATIONS MsJ Maggie Pierson, Art Rise Studio and Carter Gallery, invited the community to attend their first fund raiser on Saturday, 4/21/90 at the Municipal Services BuildingJ She stated that it would be held from 6:00 p.m. to midnight and the $40J00 cost would include the following: wine and cheese; an auction; dinner; and a performance. She spoke of the next production called "Stepping Out", and related that there would be ten performances for the benefit of the community. COMMUNITY FORUM Councilmember Teglia requested a moment of silence for Jim White who died tragi- cally this last Monday in an airplane crash; after which she made eulogistic remarks from her own personal knowledge of the gentleman. Councilman Nicolopulos commented on seeing three park workers planting 4/11/90 Page 1 AGENDA ACTION TAKEN COMMUNITY FORUM CONSENT CALENDAR Approval of the Minutes of the Adjourned Regular Meeting of 3/21/90, Adjourned Regular Meeting of 3/28/90, and the Regular Meeting of 3/28/90. 2~ Motion to confirm expense claims 4/11/90. e Report regarding Alta Loma Pathway; Resolution authorizing execution of right-of-way certification; Resolution authorizing filing of a claim~ A RESOLUTION AUTHORIZING EXECUTION OF A RIGHT-OF-WAY CERTIFICATION FOR THE ALTA LOMA PATHWAY 4~ A RESOLUTION AUTHORIZING FILING A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALTA LOMA PATHWAY PROJECT Resolution authorizing Amendment No~ 2 to the agreement with P & D Technologies.for the Oyster Point Overcrossing. A RESOLUTION AUTHORIZING EXECUTION OF AMENDMENT NOJ 2 TO THE AGREEMENT TO FURNISH GEOTECHNICAL SERVICES FOR THE OYSTER POINT GRADE SEPARATION/INTERCHANGE PROJECT COMMUNITY FORUM flowers in Orange Park when he knew that there were only two workers assigned to the Park J He had questioned the number of workers, and had been told that two of the workers were from other areas, and were merely assistingJ He complimented staff for such examples of worker cooperation. Mayor Haffey welcomed Police LtJ Dave Haskins back to the City Manager's Office on his second tour of duty as Assistant to the City Manager~ CONSENT CALENDAR Approved. Confirmed in the amount of $1,227,301J87J Removed from the Consent Calendar for discussion by Vice Mayor Drago. RESOLUTION NO; 34-90 4/11/90 Page 2 ^GE,D^ ^CT ON T^KE. (, lt 08 CONSENT CALENDAR Resolution of award of contract for the Oak Avenue Storm Drain to Dalton Construction in the amount of $148,019,00 as the lowest responsible bidder; and Resolution appropriating funds~ A RESOLUTION OF AWARD OF CONTRACT (OAK AVENUE STORM DRAIN) A RESOLUTION APPROVING BUDGET AMENDMENT 89-3 TO THE 1989-1990 CAPITAL IMPROVEMENT BUDGET 6~ Resolution approving plans and spe- cifications and authorizing the xo(q advertisement and call for sealed ~ bids for the Sludge Thickener Project~ A RESOLUTION APPROVING SPECIFI- CATIONS, AUTHORIZING THE PURCHASE OF SUPPLIES, EQUIPMENT OR SERVICES AND CALLING BIDS FOR SLUDGE THICKENER PROJECT 3~ Report regarding Alta Loma Pathway; Resolution authorizing execution of right-of-way certification; ~) Resolution authorizing filing of a claim. A RESOLUTION AUTHORIZING EXECUTION OF A RIGHT-OF-WAY CERTIFICATION FOR THE ALTA LOMA PATHWAY A RESOLUTION AUTHORIZING FILING A CLAIM WITH THE METROPOLITAN TRANSPORTATION COMMISSION FOR THE ALTA LOMA PATHWAY PROJECT CONSENT CALENDAR RESOLUTION NO~ 35-90 RESOLUTION NO, 36-90 RESOLUTION NO. 37-90 M/S Teglia/Nicolopulos - To approve the Consent Calendar with the exception of Item No, 3J Carried by unanimous voice vote~ Vice Mayor Drago stated that the sole purpose of this item was to gain a right- of-way and also to provide a stairway for those students using the path through the McClellan Nursery, down the hill to E1 Camino, where they proceed to E1 Camino High. He gave credit for this being effected to Councilmember Nicolopulos, staff, and especially Mr. Lorenzini for pressing to have this done, M/S Drago/Nicolopulos - To adopt the two Resolutions. RESOLUTION NOJ 38-90 RESOLUTION NOJ 39-90 4/11/90 Page 3 AGENDA ACTION TAKEN 3~ Resolutions - Continued~ ADMINISTRATIVE BUSINESS 0 reaffirming approvals x~'.~F~ Resolution of the Shearwater Development ~ Project; Motion to waive reading ~ and introduce an ordinance per- taining to the Shearwater Specific Plan Zone District, A RESOLUTION REAFFIRMING APPROVALS IN SUSPENSION FOR THE NON-RESI- DENTIAL COMPONENTS OF THE SHEARWATER DEVELOPMENT PROJECT AN ORDINANCE RATIFYING, REINSTATING,.AND READOPTING ORDINANCE NO. 1008-87 PERTAINING TO CHAPTER 20~61 (SHEARWATER SPECIFIC PLAN ZONE DISTRICT) OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE) Councilman Nicolopulos expressed concern over this safety item taking two years to resolve, and hoped in the future there would be better cooperation from the pro- perty owners involved. Carried by unanimous voice vote~ ADMINISTRATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entirety. Mayor Haffey stated that this was a com- panion item to one discussed during the Redevelopment Agency meeting, and requested a staff report for the edification of the public. City Attorney Armento stated that this item was before the Council because of the litigation which has surrounded the Shearwater Project. She stated that although the Council had approved these items in the past the Court of Appeals suspended the approvals that were pre- viously given, and before anything could take place in terms of the development, it was now necessary for the Council to reaffirm those approvals. She continued, given the period of time that elapsed, there was both the final environmental impact report and a supplemental environ- mental impact report that had been reviewed by independent consultants to ascertain and give the City a comfort level that the documents are still appli- cable and appropriate in terms of discussing the environmental impacts of this project~ She stated that the project may have some modifications with regard to the conven- tion center, and those would come before the Council at a future time, also the approvals being dealt with tonight did not deal with the residential component. She stated that if the residential issue came up again in the future it would come for- ward with separate approval processes. 4/11/90 Page 4 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 7. Resolution and ordinance - Continued. 8. Motion to accept the report on the ~ Paramedic Program. ~ oq' ADMINISTRATIVE BUSINESS She stated that adoption of the resolu- tion and introduction of the ordinance would allow going forward with the non- residential portions that have not been controversial and have not been changed; Councilwoman Teglia stated that she had questioned earlier if the Council would have the opportunity to review the aspects of the project that she knew were going to be changing, such as the con- ference center and the performing arts area, as that may be a subject of nego- tiations between the Developer and the City. She stated that she had been told that it would be in eight weeks and she had added two weeks, and was satisfied wi th that. M/S Teglia/Nicolopulos - To adopt the Resolution. RESOLUTION NO; 40-90 Carried by unanimous voice voteJ M/S Teglia/Nicolopulos - To waive further reading and introduce the ordinance. Carried by unanimous voice vote' Fire Chief Feuerstein stated that the Council had a report regarding the nego- tiations for a paramedic agreement with the County, and proceeded to relate background information on prior contracts: the original agreement dated back to 1975 and authorized the first pilot paramedics program in San Mateo County under the Wedworth-Townsend Act; that the agreement was a tri-party agreement including Kaiser Hospital as a base station hospital; the 1976 agreement included a paragraph stating that the County may implement a countywide parame- dic program, and that the City agreed to cooperate fully in any and all of the paramedic transportation units when called upon to transport patients for the 4/11/90 Page 5 AGE.DA ACT I O" TAKE" ADMINISTRATIVE BUSINESS 8~ Motion - Continued~ ADMINISTRATIVE BUSINESS County; there were a number of other agreements up to and including an agreement that expired in June 1985 which defined the services for the City, and stipulated that the City would respond outside of the City limits when required for mutual aide; that the agreement dated March 1983 through July 1985 also pro- vided that the County paramedic contrac- tors would provide S.S.F. rates when transporting patients within S~S,F~ ser- vice areas; after expiration of that agreement the City representatives have continued to meet with the San Mateo County EMS Administrators to negotiate a new contract; the City Attorney was con- tacted on the issue of whether or not there was a necessity to have an agreement with the County; the City Attorney's interpretation of current law was that a contract between the City and the County is only entered into upon the request of the City, and no agreement is required; that staff's view was that the County was obligated to provide service to S~S~F~ residents~ He stated that since the secession of the County service, there has been an increase in the number of basic life sup- port calls by Rescue One, but the increase was not out of line with the historical patterns for services~ He spoke in detail of the charts in the staff report on the number of calls for the various paramedic services. He stated that because of the County's continued reluctance to provide the ser- vices and the lack of impact on services, staff's position was that this issue was not worth pursuing at this time~ He stated that shortly after the contract with S~S.F' expired, the County reached an agreement with a private contractor for mobile life support and the charging of S~S~F~ transport fees was excluded from the agreement. He stated that the County rates were considerably 4/11/00 Page 6 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8J Motion - Continued~ ADMINISTRATIVE BUSINESS higher than S.S;F. fees: He stated that at one point staff had believed that the Council was interested in establishing a mechanism to assure that S;S;F; residents paid comparable rates, whether the service was provided by the County or the City; He stated that staff had researched this issue and was unable to find specific Council direction on this matter, and in addition felt this was a County controlled issue over which the City had no control. He stated that any method of subsidizing the County services in providing transport of S.S.F. residents was primarily.a subsidy matter for insurance companies. He stated that as a result of nego- tiations with the County, the designated receiving hospitals had been reduced to Seton Medical Center, Peninsula, Mills, and Kaiser Hospitals. He stated that the County had eliminated the transport to San Francisco General and Chope Hospitals as receiving hospitals except on very limited situations. He spoke of a slight reduction in service areas that Rescue One had provided on the freeway northbound which was a result of the relocation of the County unit by the Airport; He stated that the mutual aid clause that provides for responding into the County areas had not changed from previous agreements al though the number of. respon- ses into the County has increased. He stated that the Fire Dept. was exploring alternatives for manning a second paramedic ambulance, and a complete analysis of the services and costs would be conducted this year and presented for consideration in the 1991-1992 budget process. He stated that providing a second unit would reduce the number of times County mobile life sup- port would respond in SJS;F; 4/11/90 Page 7 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8J Motion - ContinuedJ ADMINISTRATIVE BUSINESS He stated that there had been 372 respon- ses in 1989, and it was anticipated that with the new ambulance there would only be 34 - 40 responses a year. He stated that given the above cir- cumstances staff's opinion was that the City is not obligated to enter into an agreement with the County, and the County will continue to back up Rescue One with or without an agreement. He recommended that the City take no additional action to pursue a contract with the County~ Vice Mayor Drago stated that he was not ready to accept the report, or to not pursue a contract with the County because it was a complete turn about from policy in the last five years. He proceeded to give background infor- mation: the purpose of the paramedic ambulance transport program is to provide City residents better service at a lower cost, and believed the goals had been compromised by the Fire staff in not aggressively pursuing the conditions of the expired contract. He stated that he had been critical of the Fire Chief's handling of this matter for the past three years when he learned in April 1987 through a paramedic on the street that the county was reducing their services to our City. He had the item agendized on May 1987, and the report received at that time said the Fire Chief did not want Rescue One to respond out- side the City limits because it would be unavailable to respond to calls - with which he agreed, and S.S~F~ wanted a long term contract, such as ten yearsJ He stated that in Aug. 1987 the Council received a memo saying, it appeared an agreement may be available for review in the near futureJ He stated that in Aug~ 1989 another memo -- negotiations concluded and a tentative agreement met, 4/11/90 Page 8 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8J Motion - Continued~ ADMINISTRATIVE BUSINESS including a new billing process with the County. He stated that in Dec~ 1989, once again, he inquired about the contract and asked for a report to be agendized -- and here we are in April 1990, three years later. He stated that the expired contract gave the City certain guaranties: lower costs, reduced ambulance rates to our residents whenever they were transported by a County private provider; County could not charge our residents any higher than the fee the City charged; County was handling the transporting of all basic life sup- port calls; this back up by the County allowed the City to keep our paramedics available for more serious calls - heart attacks, and such~ He stated that now the City no longer has the reduced rate or the County transporting our basic life support calls. He stated that in 1984 the County responded into this City 152 times, five years later they are coming in 372 times for an increase of 150% - and meant that our residents are paYing a higher bill because of this response. He questioned if the Fire Chief, without a contract, was continuing to honor the County provisions without the county honoring ours as of today~ Fire Chief Feuerstein stated that they were honoring the County provisions that were in the previous agreement - yes, other than the two that he had mentioned~ Vice Mayor Drago questioned if it was the Fire Chief's intent to continue to respond to County islands outside the city limits on Freeways, transporting indigents and prisoners. Fire Chief Feuerstein stated that trans- port and fire services were provided to islands, and they do respond to freeways 4/11/90 Page 9 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8~ Motion - ContinuedJ ADMINISTRATIVE BUSINESS going through the City and the NoJ County Jail prisoners were transported under a separate contractJ Vice Mayor Drago stated that he had nego- tiated the original paramedic agreement, and gave background information on why the City responded to County islands out- side of City limits and on freeways: that was a trade off for the reduced rate and a back up of the BLS calls. He stated that now the City had lost that, and we are continuing to do what the County wantsJ He stated that the city had lost its purpose in the program and now we were starting to lose autonomy with this program and becoming part of the county system -- which he fearedJ He stated that he was critical also with the study of manning a second ambulance which would not be available until 1991-92, which he found ludicrous when it had taken three years to get the report tonight~ Discussion followed: because the city had a paramedic program prior to a cer- tain date the City could continue to operate our paramedic program as long as the City so determines; that the County mobile life support was paid by user fees; City paramedic program extended to the islands within SJSJF~ areas, and the City had the ability to bill at the County rate; why the City didn't charge County rates to service islands; City responded north of Highway 92 twelve times in 1989; City should not be left uncovered by responding to County calls; second paramedic unit; that the two issues were the cost to S~S~F~ resi- dents, and whether the City was suf- ficiently staffed to cover our needs; whether the City was being reimbursed at County or City costs for service outside the City; City billed the person, not the County; prior contracts with the County; whether the City wanted to compete for 4/11/90 Page 10 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8J Motion - Continued, ADMINISTRATIVE BUSINESS paramedic services for North County; that such a contract would require a substantial capital investment, as well as greater labor costs; that the City had been damaged in the loss of the contract because the cost between the private pro- vider could only bill our residents exactly what the City was billing our residents - which was $158~00 at that time, and the City had lost the backup; our one paramedic unit was at a satura- tion right now to service our own City, and was becoming more and more dependent on the County, so why should the City continue to honor the County's portion of the contract without a contract; that the County was asked to respond when the City could not; what the total number of responses by Rescue One were for the City; that the City responded to 1,717 calls in 1989, and the County responded 372 additional times in 1989; different philosophies of two different Fire Chiefs; a rational for a second unit, and the resultant costs, etc~ Vice Mayor Drago expressed concern that the service was not there that had been anticipated with the program. He stated that the fees do not pay 1/3 of the para- medic program. He questioned if the Fire Chief in the last five years had at any time used leverage, put the County's items on the table and said -- no contract, no responses to islands and outside of City limits~ Fire Chief Feuerstein stated that he had not in those words, but these were the issues discussed for an extended period of time ~ Vice Mayor Drago recommended: direct the City Manager to direct the Fire Chief back to the negotiating table, and if he can't get an agreeable contract within 90 days, put these items of response outside our City limits on the freeways and transporting prisoners and indigents are 4/11/90 Page 11 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8~ Motion - ContinuedJ ADMINISTRATIVE BUSINESS stopped, He stated that the critical issue is the basic life support transport by the County - which was the one that was draining our system right now. He stated that the county had a legal responsibility to respond to calls with a paramedic ambulance. Mayor Haffey stated that he could buy into the Vice Mayor's recommendation, but what was needed to protect the service levels of the citizens of SJS~F. was to expedite the acquisition of a second ambulance because there was no way the City could say no to the County when they could turn around and not respond to this CityJ He stated that maybe the City should look in this budget year to expe- dite the analysis of the second unit. Councilmember Teglia felt that the County was not thrilled with the City having its own unit, and agreed with expediting the second unit with a guaranty of the con- tinuance of a back up. Mayor Haffey felt that there should be consensus that it was not the City's responsibility to respond from Highway to San FranciscoJ Councilmember Penna was concerned about a greater number of calls in the future because of all of the new developments, and would support a second unit and a contract with the County if possible. Vice Mayor Drago stated that the County has no choice, the Attorney General says that the County shall provide emergency medical service to this County, so they can't say they are not going to go into S,S~F. Consensus of Council - To not accept the report; to continue negotiating with the county, taking a very hard line with the county that we will not provide the kind of service that we provided in the past to them unless they in kind provide the 4/11/90 Page 12 AGENDA ACTION TAKEN ADMINISTRATIVE BUSINESS 8J Motion - ContinuedJ LEGISLATIVE BUSINESS 9~ Motion to waive reading and intro- duce an ordinance concerning the hours for door to door solicita- tion~ AN ORDINANCE AMENDING SECTIONS 6J16J170 and 6.40~070 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING HOURS OF DOOR TO DOOR SOLICITATIONS PUBLIC HEARINGS 10, Public Hearing - 1990-91 ~o~ Community Development Block Grant Program. Conduct Public Hearing and receive public input; Council to provide guidance on the selection of activities for the 1990-91 program year. ADMINISTRATIVE BUSINESS things that they had done under the ori- ginal contract; we will expedite the report and analysis of the second ambu- lance for the City of S~S.F~; City of SJSJFJ will not be covering a certain area as was described before from Highway 92 to the border of San FranciscoJ Councilmember Teglia wanted to see true costs in the analysis~ City Manager Armas stated that staff would provide: the cost of adding a second unit, and how that relates to the revenue; provide at budget time some fla- vor as to dollar trade-offs given the level of service that has been provided by the County under the present arrange-. ment as compared to the cost to the City. Vice Mayor Drago stated that the City could allow a basic life support service to come into our City and handle these types of calls irrespective of our para- medics, thereby freeing our.paramedics for the most critical calls. LEGISLATIVE BUSINESS City Clerk Battaya read the title of the ordinance in its entiretyJ M/S Teglia/Drago - To waive further reading and introduce the ordinance. Carried by unanimous voice vote~ PUBLIC HEARINGS Mayor Haffey opened the Public HearingJ Director of Economic Development & Community Services Costello stated that the City would have available $464,000 of CDBG funds for next program year of 4/11/89 Page 13 AGENDA ACTION TAKEN PUBLIC HEARINGS 10~ Public Hearing - ContinuedJ ITEMS FROM COUNCIL GOOD AND WELFARE PUBLIC HEARINGS 1990-91, and this was the first of two hearings in order to allow the public to provide input into what those funds should be used for. She stated that staff would give an overview of the kinds of funds available, kinds of programs currently being funded, results of the past year, and the kinds of requests received; and on May 9th the second hearing, where the specifics of the budget and the objectives for the program for the next fiscal year. Community Development Block Grant Coordinator Roos presented a slide show of some of the projects done through this program over this fiscal year that included single family rehabs, and rental rehab units. The following organizations offered input and solicited continued CDBG funds: Bernice Perazza, Friends to Parents; Eldon Luce, Center for the Independence of the Disabled; Shirley Moore, Project Reach; Cyndy Hardwick, Operational Sentinel; Christiana Suther!and, Shelter Network; Ortensia LoPez, No. Peninsula Neighborhood Services. Councilmember Teglia stated that the Council Subcommittee on School Liaison was thinking of using some of these funds to divert elementary and high school kids into activities to improve their skills and minimize gangism. Mayor Haffey continued the Public Hearing to 5/9/90. ITEMS FROM COUNCIL No one chose to speak; GOOD AND WELFARE No one chose to speak; 4/11/90 Page 14 AGENDA ACTION TAKEN CLOSED SESSION Closed session for the purpose of discussion of personnel matters, labor relations, property nego- tiations and litigation. RECALL TO ORDER: ADJOURNMENT Request to adjourn the meeting to Wednesday, 4/18/90, at 7:00 p.m. at the Municipal Services Building Community Room, 33 Arroyo Drive, for the purpose of a study session: 1) Joint Meeting with the Historic Preservation Commission to discuss the designation process and work program; 2) Housing Element; 3) Noise Element; 4) Closed Session for personnel matters, labor relations, property negotiations and litigation. ADJOURNMENT: CLOSED SESSION Council adjourned to a Closed Session at 9:12 p.m. to discuss the items noticed; Mayor Haffey recalled the meeting to order at 9:46 p.m., all Council present, no action was taken; ADJOURNMENT M/S Nicolopulos/Penna - To adjourn the meeting to Wednesday, 4/18/90, at 7:00 p.m. at the Municipal Services Building Community Room, 33 Arroyo Drive, for the stated purposes listed on the agendaJ Carried by unanimous voice vote; Time of adjournment was 9:48 pJm~ RESPECTFULLY SUBMITTED, ~ttaya~k City of South San FranciSco APPROI(ED ~ y Richard I. Haffe3Y, City of South San 4~r ~nc i sco The entries of this Council meeting show the action taken by the City Council to dispose of an itemJ Oral communications, arguments, and comments are recorded on tape. The tape and documents related to the items are on file in the Office of the City Clerk and are available for inspection, review and copying. 4/11/90 Page 15