HomeMy WebLinkAboutMINUTES - 10251983 - 2.16 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on October 25. 1983 , by the following vote:
AYES: Supervisors Powers , Fanden, DicPeak, Torlakson.
NOES: None .
ABSENT: Supervisor Schroder.
ABSTAIN: None .
SUBJECT: Contracts for Ambulance Dispatch Response
The Board on- September 27, 1983 having deferred action on the recommenda-
tions of the Health Services Director for award of contracts for County emergency
dispatch response, and having awarded extension contracts through October 28, 1983,
and having requested certain information from the County Administrator and Health
Services Director; and
The County Administrator having filed with the Board a memorandum from
the County Auditor-Controller evaluating the financial statements filed with the
County by the ambulance companies operating under contract with the County,
indicating that no conclusions could be drawn from the data supplied by the
companies; and
The Health Services Director having supplied information on the process
followed in reaching the decisions recommended in his report of September 27, 1983,
and having filed reports and supplemental letters from several agencies relating to
the feasibility of implementing a rotating dispatch plan in the County; and
The Board having before it the recommendations of the Health Services
Director dated September 27, 1983; and
The Board having received testimony from the following individuals:
Robert Lindgren, Bethel Island Fire District, in opposition to a
rotating dispatch system;
Mark Armstrong, Attorney, on behalf of John Muir Hospital , urging approval
of a contract with the San Ramon Valley Fire District for Zones 3 and 9;
John T. Knox, Attorney, on behalf of Cadillac Ambulance Service, that the
present providers be allowed to continue providing services in the existing zones;
William Allen Longshore, M.D. , on behalf of the Emergency Medical Care
Committee, in opposition to a rotational dispatch system;
Howard Higgins, on behalf of Antioch Ambulance, having presented the
Board with petitions supporting the award of a contract for Zone 7 to Antioch
Ambulance, and having opposed the Department' s recommendation and having suggested
that Antioch Ambulance continue to have an exclusive contract for Zone 7, or that
the Board go to a rotating dispatch system;
Richard Fahey, on behalf of the Dublin-San Ramon Services District, in
opposition to granting a contract to the San Ramon Valley Fire District for Zone 3;
David Schricker, Attorney, on behalf of the Dublin-San Ramon Services
District, in opposition to granting 'a contract to the San Ramon Valley Fire District
for Zone 3, and in favor of leaving ambulance services in the hands of Regional
Ambulance;
Lee Walton, City Manager, City of Antioch, expressing concern about the
process used in reaching the Department' s recommendations, and concern about the
impact the recommendations would have on Antioch Ambulance Company, and expressing
the opinion that the lack of competition in East County would tend to increase
non-emergency rates;
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Earl Riggs, President, Regional Medical Systems, in favor of the
Board's making a decision on Zone 5 since he will otherwise have to lay off the
two paramedic crews which had been hired to service Zone 5;
Roderick Dorman, Attorney, on behalf of Regional Medical Systems in
favor of the Ordinance and the Department' s recommendations; urged the Board of
Supervisors to adopt the Department' s recommendations, including bidding out
Zones i and 2 again;
Chief Blodgett, San Ramon Valley Fire District, in favor of awarding
contracts for Zones 3 and 9 to the San Ramon Valley Fire District; and
Supervisor Powers having indicated that not providing a subsidy was a
mistake and that it may be necessary to provide a subsidy in the poor and rural
areas of the County, and having suggested to put all zones out to bid again in order
to receive input from the cities, emergency service providers, and the Emergency
Medical Care Committee; and
Supervisor Fanden having indicated that she has a problem with providing
a subsidy; that the Board needs audited financial statements from the ambulance
companies, and that she believes the Board should discuss the matter further with
County Counsel in closed session because of the lawsuits pending against the County;
and
Supervisor McPeak having agreed with the need to discuss the matter
further in closed session, recognizing that the Board needs to make some decisions
on this date since the existing contracts are expiring at the end of the week; and
The Board having recessed into closed session; and
The Board having reconvened, and Supervisor McPeak having asked County
Counsel -if the Board could delegate the award and execution of non-financial contracts
to a responsible individual to act on behalf of the County; and
County Counsel having replied that it was his opinion that the Board
could do so; and
Supervisor Powers having indicated he would vote "no" because of his
belief that there are serious flaws in the process and that the cities and emergency
service providers, such as police and fire, need to be a part of the process; and
The Chairman having indicated that the Board will consider the recommen-
dations of the Health Services Department one by one; and
The Health Services Director having recommended that for Zones 3 and 9
the San Ramon Valley Fire District be awarded a contract for one year, ending
October 28, 1984, for emergency dispatch response; and
Supervisor McPeak having moved to approve the recommendation of the
Health Services Director, and Supervisor Fanden having seconded the motion; the
motion passed by the following vote:
AYES - Fanden, McPeak, Torlakson
NOES - Powers
ABSENT - Schroder
The Health Services Director having recommended that for Zones 1 and 2
the contracts be re-bid with an explicit statement that a request for a subsidy
is acceptable, and having recommended that Cadillac Ambulance be granted a contract
for sixty (60) days beginning October 28, 1983; and
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Supervisor Fanden having moved to approve the recommendation of the
Health Services Director with the additional direction to the Health Services
Director that a process be employed to evaluate the bids that more properly
involved cities, the police departments, fire districts, and others concerned
with emergency medical services, and Supervisor McPeak having seconded the motion,
the motion was approved by the following vote:
AYES - Powers, Fanden, McPeak, Torlakson
NOES - None
ABSENT - Schroder
The Health Services Director having recommended that for Zones 4 and 5
Regional Medical Systems be awarded a contract for one year through October 28, 1984
for emergency dispatch response; and
Supervisor McPeak having moved approval of the recommendation of the
Health Services Director, and Supervisor Fanden having seconded the motion, the
motion was passed by the following vote:
AYES - Fanden, McPeak, Torlakson
NOES - Powers
ABSENT - Schroder
The Health Services Director having recommended for Zones 6, 7, and 8
that East Contra Costa Ambulance be awarded a contract for one year through
October 28, 1984 for emergency dispatch response; and
Supervisor Torlakson having indicated that he was uncomfortable with the
recommendation and would like staff to meet with all agencies involved to determine
the feasibility of a rotational dispatch plan through the Delta Regional Communica-
tions Center and evaluate the impact of an emergency medical services tax on the
provision of paramedic services in East County, and having moved to defer the
recommendation of the Health Services Director for thirty (30) days and award a
contract for Zones 6 and 8 to East Contra Costa Ambulance Company for thirty (30)
days and to Antioch Ambulance Company for Zone 7 for thirty (30) days; and
Supervisor Fanden having seconded the motion, and Supervisor McPeak having indicated
that she could not support the motion and instead supports the recommendation of
the Health Services Director, the motion carried by the following vote:
AYES - Powers, Fanden, Torlakson
NOES - McPeak
ABSENT - Schroder
The Health Services Director having recommended that for Zone 10 the
Moraga Fire District be awarded a contract for one year through October 28, 1984;
and
Supervisor Fanden having moved to support the recommendation of the
Health Services Director, and Supervisor McPeak having seconded the motion, the
motion passed by the following vote:
AYES - Fanden, McPeak, Torlakson
NOES - Powers f hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of the
ABSENT - Schroder Board of Supervisors on the date shown.
ATTESTED: A./pu4-j aS, ZM2
Orig: Clerk of the Board J.R. OLSSON, COUNTY CLERK '
cc : County Administrator and ex officio Clerk of the Board
Health Services Director
Contracts Unit-Health Services By , Deputy
Emergency Medical Services
Auditor-Controller
Ambulance Contractors 202
02
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2. If so, does the Board want the authority to impose the tax on
any solid waste disposal site in the County, including one lying
partially or totally within an incorporated city? ` ,
3. Does the Board wish to impose such a surcharge itself as a general
revenue, or does the Board wish to place the matter on the ballot as
a special tax?
Aside from a decision on the imposition of such a surcharge, our Committee is
making a recommendation for an amendment to the County Solid Waste Management Plan.
The Plan acknowledges that specified amounts of solid waste are currently being
"imported" from Berkeley, Marin County, and Solano County. It goes on to specify
that: "Solid wastes from outside of Contra Costa County, in excess of the wastes
currently being imported into this County, is subject to review on a case-by-case
by the Board of Supervisors. Any major import, as determined by the Board of
Supervisors, will require an amendment to this plan. A major import would be
considered as wastes from a city or community other than those cities or communities
where wastes are currently being imported to Contra Costa County. Imports of solid
wastes will be evaluated considering the remaining capacity of landfills in Contra
Costa County and the conformance with waste reduction policies in the exporting
area."
There are no further guidelines for staff or the Board to use in judging what a
"major import" is. The Public Works Department has suggested that twenty (20) tons
per day over a sustained period of time constitutes a fair definition of a "major
import". We concur and believe that the Solid Waste Plan should be amended to
reflect this type of standard.
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TO: BOARD OF SUPERVISORS
FROM: Internal Operations Committee Contra
Costa
DATE: October 17, 1983 Cougy
SUBJECT: Proposed Surcharge for Solid Waste Disposed of
in this County which Originates Outside the County
SPECIFIC REQUESTS) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS:
1 . Determine whether or not to support legislation to provide the Board of Supervisors
with authority to impose a surcharge on solid waste originating outside of this
County but disposed of in this County.
2. Direct the Public Works Director to prepare amendments to the County Solid Waste
Plan which specify that the term "major import" in the current Solid Waste Management
Plan as it relates to the requirement that a landfill operator obtain an amendment
to the Solid Waste Plan before accepting "any major import" of solid waste from
outside the County is intended to mean an additional import of twenty (20) tons of
solid waste per day over some specified period of time.
BACKGROUND/JUSTIFICATION:
On August 16, 1983, the Board of Supervisors referred to our Committee a letter from
the Mayor of E1 Cerrito recommending that the County impose a royalty or surcharge of
$5 per ton for solid waste which is disposed of in this County but originated outside
the County and dedicate the surcharge to the acquisition of a future dump site plus
maintenance funds for roads.
Our Committee received opinions from County Counsel dated September 14, 1983 and
October 6, 1983. The opinions basically indicate that additional State legislation will
be required to give the Board of Supervisors the authority to impose such a surcharge.
County Counsel also cautions that State legislation may not be sufficient because such
a surcharge might be found by a court to infringe on the commerce clause of the U. S.
Constitution which gives Congress the right to regulate commerce "among the several
states". County Counsel has also reminded our Committee that designating such a surcharge
for a specific purpose, such as acquisition of a new dump site and repair of roads, is
controlled by the "Farrell" decision and would require a vote of the people as a
"special tax". Otherwise, the Board could only impose the surcharge as a general revenue
as was done recently with the hazardous waste tax. An additional complication which was
also faced with the hazardous waste tax is that a significant portion of the Richmond
Sanitary Landfill lies within the City of Richmond.
Our Committee, therefore, poses the following questions for the Board's consideration:
1 . Does the Board want the authority to impose a surcharge on solid waste
originating outside of this County, but disposed of within this County?
CONTINUED ON ATTACHMENT:X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR X _ RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATURES) ancy C. Fanden om Powe\vr/s
ACTION OF BOARD ON October 25. 1983 APPROVED AS RECOMMENDED OTHER _X
Recommendation #1 failed by the following vote: Ayes: 2/5; Noes : 1; Absent:3&4
Recommendation #2 passed by the following vote: Ayes: 1/2/5; Absent: 3 & 4
VOTE OF SUPERVISORS (see above)
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ON THE
',DATE SHOWN.
CC: County Administrator ATTESTED 0&& ) � / 0 I
Public Works Director J.R. OLSSON, COUNTY CLERK
I:0. Committee D EX OFFICIO CLERK OF THE BO 063
M382/7-e3 BY DEPUTY U