HomeMy WebLinkAboutMinutes 1993-12-08 Chairman Joseph A. Fernekes
Boardmembers:
Jack Drago
John R. Penna
'--Roberta Cerri Teglia
Robert Yee
MINUTES
Recreation and Park District
Municipal Services Building
Community Room
December 8, 1993
L . /-/7
057
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Approval of the Minutes of the Regular Meeting of
12/9/92.
'--'DJOURNMENT:
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, Cler
Recreation and Park District
City of South San Francisco
ACTION TAKEN
6:57 p.m. Chairman Fernekes presiding.
Boardmembers present: Drago, Teglia, Yee and
Fernekes.
Boardmembers absent: Penna.
Boardmember Teglia noted that the minutes were
not in the packet and would not be voted on.
M/S Teglia/Yee - To adjourn the meeting to
1/12/94.
Carried by unanimous voice vote.
Time of adjournment was 6:58 p.m.
APPROVED.
Re,:reation and Park District
City of South San Francisco
The entries of this Agency meeting show the action taken by the Recreation and Park District to dispose of an item.
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.
12/8/93
Page 1
Chairman Joseph A. Fernekes
Boardmembers:
Jack Drago
John R. Penna
Roberta Cerri Teglia
',obert Yee
MINUTES
Surplus Property Authority
Municipal Services Building
Community Room
December 8, 1993
'--t '7
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Approval of the Minutes of the Regular Meeting of
12/9/92.
.-.DJOURNMENT:
ACTION TAKEN
6:59 p.m. Chairman Fernekes presiding.
Boardmembers present:
Boardmembers absent:
Drago, Teglia, Yee and
Fernekes.
Penna.
Boardmember Teglia noted that the minutes were
not in the packet and would not be voted on.
M/S Teglia/Yee - To adjourn the meeting to
1/12/94.
Carried by unanimous voice vote.
Time of adjournment was 7:00 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, Clerk
Surplus Property Authority
City of South San Francisco
APPROVED.
The entries of this Agency meeting show the action taken by the Surplus Property Authority to dispose of an item.
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.
12/8/93
Page 1
Chairman Joseph A. Fernekes
Boardmembers:
Jack Drago
John R. Penna
,._Roberta Cerri Teglia
.obert Yee
MINUTES
Industrial Development Authority
Municipal Services Building
Community Room
December 8, 1993
i/~L. ~t '7
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. I)
1. Approval of the Minutes of the Regular Meeting of
12/9/92. ,.~/_,~'~
~ DJOURNMENT:
ACTION TAKEN
7:01 p.m. Chairman Fernekes presiding.
Boardmembers present:
Boardmembers absent:
Drago, Teglia, Yee and
Fernekes.
Penna.
Boardmember Teglia noted that the minutes were
not in the packet and would not be voted on.
M/S Teglia/Yee - To adjourn the meeting to
1/12/94.
Carried by unanimous voice vote.
Time of adjournment was 7:02 p.m.
'RESPECTFULLY SUBMITTED,
~ Clerk~
Barbara A. Battaya,
Industrial Development Authority
City of South San Francisco
APPROVED.
Jin°~thriAal' i~eevr;~ok~l~ent/~uthority
City of South San Francisco
The entries of this Agency meeting show the action taken by the Industrial Development Authority to dispose of an
item. 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.
12/8/93
Page 1
Chairman Joseph A. Fernekes
Boardmembers:
Jack Drago
John R. Penna
--Roberta Cerri Teglia
Robert Yee
MINUTES
Capital Improvements Financing Authority
Municipal Services Building
Community Room
December 8, 1993
SPECIAL MEETING
SOUTH SAN FRANCISCO CAPITAL IMPROVEMENTS FINANCING AUTHORITY
CITY OF SOUTH SAN FRANCISCO
DECEMBER 8, 1993
NOTICE IS HEREBY GIVEN, pursuant to Municipal Code and Resolution of the City of South San Francisco,
that the South San Francisco Capital Improvements Financing Authority will hold a Special Meeting on Wednesday,
December 8, 1993, at 7:05 p.m., in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San
Francisco, California.
Purpose of the meeting:
"-' 1. Approval of the Minutes of the Special Meeting of 7/14/93.
2. Adjournment.
Secretary (City Clerk)
City of South San Francisco
Dated: December 2, 1993
AGENDA
ACTION TAKEN
CALL TO ORDER: (Cassette No. 1)
7:03 p.m. Chairman Fernekes presiding.
ROLL CALL:
Boardmembers present:
Boardmembers absent:
Drago, Teglia, Yee and
Fernekes.
Penna.
1. Approval of the Minutes of the Special Meeting of
12/9/92.
Boardmember Teglia noted that the minutes were
not in the packet and would not be voted on.
M/S Teglia/Yee - To adjourn the meeting to
1/12/94.
Carried by unanimous voice vote.
ADJOURNMENT:
Time of adjournment was 7:04 p.m.
12/8/93
Page 1
AGENDA ACTION TAKEN
.__RESPECTFULLY SUBMITTED,
Barbara A. Battaya, Secretary (Cit~,Elerk)
Capital Improvements Financing Authority
City of South San Francisco
APPROVED.
Jo~nek~s, Chairman
Capital Improvements Financing Authority
City of South San Francisco
071
The entries of this Agency meeting show the action taken by the Capital Improvements Financing Authority to dispose
of an item. 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.
12/8/93
Page 2
Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
-Roberta Cerri Teglia
Robert Yee
MINUTES
City Council
Municipal Services Building
Community Room
VpZ, '-/7
072
December 8, 1993
SPECIAL MEETING
CITY COUNCIL
OF THE
CITY OF SOUTH SAN FRANCISCO
DECEMBER 8, 1993
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of California, that
the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday, the 8th day of December
1993, at 7:10 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco,
California.
Purpose of the meeting:
1. Presentation of Public Safety Awards.
Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia-
tions and litigation.
City Clerk
City of South San Francisco
Dated: December 2, 1993
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
1. Presentation of Public Safety Awards.
Councilman Penna Arrived at the Meeting:
ACTION TAKEN
7:03 p.m. Mayor Fernekes presiding.
Council Present: Drago, Teglia, Yee and Fernekes.
Council Absent: Penna.
Interim Police Chief Raffaelli presented Certificates
of Exemplary Action to Police Officers William
Carter and John Hutchings for their investigative
efforts of 9/6/93 and the recovery of $60,000 of
stolen goods and to Officer Steve Nelson for devel-
oping information that lead to an arrest on felony
charges.
Councilman Penna arrived at the meeting at
12/8/93
Page 1
AGENDA ACTION TAKEN
Closed Session for the purpose of the discussion of
personnel matters, labor relations, property negotia-
tions and litigation.
ADJOURNMENT:
IcESPECTFULLY SUBMITI'ED,
Barbara A. Battaya, City Clerk
City of South San Francisco
073
7:08 p.m.
Interim Police Chief Raffaelli presented Certificates
of Exemplary Action to Police Officer Don Ibarra
for his actions in an altercation with gun shots,
which lead to an arrest on narcotics and weapons, to
Mr. Edward Pirazzi, a City employee, to Officer
Gary Thornton for aid to an Officer, which lead to
an arrest, to Angelica Fregoso, Explorer Scout, for
first aid operations after a motor accident. He
presented a Certificate of Commendation to Officer
Edgar Campbell and a Certificate of Meritorious
Conduct, along with a ribbon, to Officer Kallas for
taking a gun away from a suspect.
The Council chose not to hold a Closed Session.
M/S Teglia/Penna - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 7:18 p.m.
APPROVED.
Joseph/A. Fe~nekes, Mayor
City oB South San Francisco
The entries of this Council meeting show the action taken by the City Council to dispose of an item. Oral communica-
tions, 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.
12/8/93
Page 2
Mayor Joseph A. Fernekes
Council:
Jack Drago
John R. Penna
Roberta Cerri Teglia
Robert Yee
MINUTES
City Council
Municipal Services Building
Community Room
December 8, 1993
074
CALL TO ORDER:
ROLL CALL:
AGENDA
(Cassette No. 1)
PLEDGE OF ALLEGIANCE:
INVOCATION:
Mayor Fernekes Requested:
Motion to add an appointment to the Conference
Center Authority as an item that came up after the
posting of the Agenda.
Motion to add the appointment of Ron Cole to the
Conference Center Authority as the airline repre-
sentative. ~'qO
ACTION TAKEN
7:34 p.m. Mayor Fernekes presiding.
Council Present: Drago, Penna, Teglia, Yee and
Fernekes.
Council Absent: None.
The Pledge was recited.
Rev. Lynn Bowdish, St. Elizabeth's Episcopal
Church, gave the invocation.
M/S Teglia/Penna - To add the item to the Agenda.
Carried by unanimous voice vote.
M/S Teglia/Drago - To appoint Ron Cole to the
Conference Center Authority as the airline repre-
sentative.
ORAL COMMUNICATIONS
Carried by unanimous voice vote.
ORAL COMMUNICATIONS
Senator Kopp stated that this was his bi-annual status
legislative update for the legislature, which would
reconvene on January 3rd, the last day to request the
preparation of a bill is January 28th and March 6,
1994 is the last date to introduce a bill. He urged
Council to furnish suggestions with respect to desir-
able, feasible and apt-to-be successful legislation; it
could be a bill to plug loopholes in the law; if the
legislation were non-controversial it could be includ-
ed in a omnibus bill because a rule had been adopted
limiting the number of bills a Senator can introduce
to 65 over a two year period and that was why
omnibus bills were used.
He continued: looks like this would be another
12/8/93
Page 1
A~ENDA
ORAL COMMUNICATIONS
12/8/93
Page 2
_ACI!QN
TAKEN
075
ORAL COMMUNICATIONS
vexatious budget year with a billion dollars in defi-
cits right now in the first six months of the fiscal
year; he expected this figure to double by the end of
the fiscal year unless there was a dramatic change in
the economy; Senate Republicans were predicting a
six million dollar gap to close the new State budget.
He spoke of a bill introduced last summer, with a
rule waiver by Senator Bergeson, that was intended
to rivet everyone's attention on the responsibilities
and relationships between governmental entities that
froze subventions to cities and counties until the
beginning of 1994. He found it interesting that
County Boards of Supervisors supported that and the
league opposed it and that bill will be the subject
matter on which unit of government is best capable
to deliver which services and how the services will
be funded in revenue.
He continued: the irritating non-completion of 1-280
and Caltrans announcing that would not occur until
the end of 1995 even though he had documents that
indicated that it would be finished by the middle of
1994; the crucial issue is the desire to complete the
reconstruction of the interchange of 280 and 101
before completing the total reopening of all of the
lanes of 280; he intended to conduct a hearing the
first Friday in January at 1:30 p.m., perhaps at Daly
City's City Hall, and had signed a letter to each
Mayor of a North County city asking suggestions for
a better location for the hearing; he had been disap-
pointed by the attendance at a meeting he conducted
two and a half years ago in Daly City; he was limit-
ed as to what the Senate Rules Committee would
allow if a meeting was at night for it was overtime
and he was supposed to conduct meetings in Sacra-
mento to limit the budget; the other issue was the
closure of the bay bridge yesterday for an inordinate
period of time and the argument seems to be over
whether the law defines a fully enclosed truck and
the trucking companies argue that a tarp satisfies the
definition - which he did not believe and he would
introduce a bill to define the statute and make the
insurance companies responsible for losses; he had
questioned Caltrans on the costs caused by the Com-
pany that owns the truck for extra personnel and the
cleaning, as well as for the citizens missing appoint-
ments, and they were not interested.
AGENDA ACTIQN TAKEN
ORAL COMMUNICATIONS
12/8/93
Page 3
ORAL COMMUNICATIONS
He apologized for missing Mayor Fernekes' instal-
lation and proceeded to congratulate the new Mayor
and Vice Mayor.
Discussion followed: Councilman Drago ques-
tioned, after this fiasco on the bridge, why someone
in the Senate didn't start to treat hazardous waste
and materials, as is done with explosives, and limit
the routes those trucks could cross over; Senator
Kopp related he had discussed that today and the
trucking industry will struggle with not having ac-
cess to all roads and will argue they pay gasoline tax
and weight fees, and he did not want to divert them
to city or county roads; trucks were banned from
using the Caldecott Tunnel following an incident
five years ago and there would be a legislative dis-
cussion on whether or not to bar trucks on one of
the bridges; Councilman Drago suggested limiting
the hours for those big trucks to use the roads and
solve the problem; Councilman Penna noted that,
according to news reports, no one would take re-
sponsibility for closing the bridge or when it
would be reopened; Senator Kopp thanked him for
bringing this to his attention and thought it should be
Caltrans or the Highway Patrol, however, he would
seek an answer and pass on the information; Coun-
cilwoman Teglia expressed concern over the bill
introduced to promote business in the State that
exempted sales tax on business to business sales
because of its devastation on this City, and she
wanted to know what the loss would be because this
would result in new jobs and wanted to know when
they would get that information; the Senator replied,
probably never and the bill had been killed in the
Revenue and Tax Committee and those provisions
were later amended as part of a Senate bill so that
instead of a sales tax exemption across the board for
any business buying new manufacturing equipment -
that bill was sold as a bill to aid manufacturing
businesses, instead of a total exemption; existing
manufacturing businesses were given a 6% invest-
ment were given a 6% investment tax credit on their
State corporate or other business income tax; there
was an exemption for any new business - a start up
business in 1994 which buys new equipment; he did
not believe they would ever be able to measure the
effect of the 6% tax; the answer was that the Fran-
chise Tax Board would try to do it by next February
or March and the sales tax exemption on new busi-
A~ENDA
ORAL COMMUNICATIONS
12/8/93
Page 4
ACTION TAKEN
ORAL COMMUNICATIONS
nesses that buy manufacturing equipment would
easily be measured by the end of 1994; he had
voted no on that bill even as amended because to
him State tax policies don't have the effect on busi-
ness decisions as the Federal Tax policies do when
our State is less than one-third of what the highest
brackets are in the Federal System.
Councilwoman Teglia wanted an explanation on the
Senator's comment on Senator Bergeson introducing
a freeze on subventions and whether he was check-
ing up on a new hit being suggested on cities be-
cause of the State deficit.
Senator Kopp replied that the answer to the second
question was no, and on the freeze on city and
county entitlement or rights to certain State monies
was in her bill temporary or until either April or
June. He continued, her idea was that it would put
the pressure on cities, counties and state govern-
ments to reevaluate the allocation of responsibilities
between all branches of government.
He stated that in his memory that bill had never
passed the Senate Committee on Appropriations and
it must be approved by that Committee and then be
approved by the full State Senate as a majority vote
bill by January 31st or it is dead; and he did not
believe it would make its way out of the Senate by
that date. He stated that he did believe there would
be serious discussions this year on perhaps revising
the allocation and responsibilities. He stated that it
was an idea to tie revenue powers to services and
whether that was going to be affected by adoption of
Proposition 172 was a good question, he stated that
Senator Bergeron was going to run for Orange
County Supervisor in 1994 and he did not believe
she was going to force the issue.
Discussion followed: Councilman Penna spoke of
the effect of the recent kidnapping on our penal
system and how offenders were treated by the law in
light of the recent kidnapping and murder, where
previous jail terms were cut in half; this was not
done by a Judge but by the Department of Correc-
tions; they should not be paroled until they had
permanent housing and a job lined up; Mr. Davis
was sentenced to 16 years, the system allows
prisoners to earn time for classes, working and
~ENDA ACTIQ~ TAKEN
078
ORAL COMMUNICATIONS
PRESENTATIONS
Certificate of Achievement for Excellence in Financing
Reporting
~OMMUNITY FORUM
CONSENT CALENDAR
Motion to approve Minutes of the Adjourned Special
Meeting of 11/1/93, Adjourned Regular Meeting of
11/3/93, Regular Meeting of 11/10/93, Adjourned
Regular Meeting of 11/17/93 and Special Meeting of
11/23/93.
Motion to confirm expense claims of 12/8/93.
Motion to adopt an ordinance relating to residential
care facilities for the elderly. 5"0
AN ORDINANCE AMENDING SECTION
20.18.030(a), ADDING SUBSECTION (c) TO SEC
ORAL COMMUNICATIONS
learning skills and, as a result, he was relelased in
eight years; Mr. Davis was living in San Mateo
close to a high school and the neighborhood was
frightened by the recent events.
PRESENTATIONS
City Manager Wohlenberg stated that this award
promoted the highest quality of standards in gov-
ernment reporting on financing. He stated that the
Department had submitted an application, had re-
ceived this award and he felt this was an excellent
achievement for the City.
Mayor Fernekes presented the award to Finance
Director Margolis and noted that, as a former team
member, he knew the amount of hard work that
went into this effort.
Director of Finance Margolis gave credit to Chief
Accountant Freeman and her entire staff for prepar-
ing this report and felt it was very meaningful for
her department.
COMMUNITY FORUM
Councilman Penna noted that this was the first day
of Hanukkah and wished Happy Hanukkah to the
viewers.
Councilman Drago expressed appreciation to the
people in the various neighborhoods for their
Christmas decorations.
CONSENT CALENDAR
Approved.
Approved in the amount of $4,342,018.98.
ORDINANCE NO. 1138-93
12/8/93
Page 5
AGENDA ACTION TAKEN
0?9
_~ONSENT CALENDAR
Motion - Continued.
TIION 20.18.040 AND ADDING SUBSECTION (E)
(3) TO SECTION 20.74.040 OF THE SOUTH SAN
FRANCISCO MUNICIPAL CODE RELATING TO
RESIDENTIAL CARE FACILITIES FOR THE
ELDERLY
Resolution approving program supplement to State
Local Transportation Partnership Program Funding
Agreement - Supplement No. 002 for Oyster Point
Interchange Project. ~ I I
A RESOLUTION APPROVING SUPPLEMENT NO.
002 TO THE OYSTER POINT INTERCHANGE
STATE LOCAL TRANSPORTATION PARTNER-
SHIP PROGRAM FUNDING AGREEMENT
Resolution approving agreement between South San
Francisco and Millbrae to implement solid waste and
household hazardous waste programs.
A RESOLUTION ADOPTING AGREEMENT BE-
TWEEN SOUTH SAN FRANCISCO AND
MILLBRAE TO IMPLEMENT SOLID WASTE
AND HOUSEHOLD HAZARDOUS WASTE PRO-
GRAMS
Motion to accept the annual report of the Redevelop-
ment Agency.
Resolution approving addendum to the loan and re-
payment agreement between Redevelopment Agency
and the City of South San Francisco and advance of
funds for the El Camino Corridor Project Area..5'09'~
A RESOLUTION APPROVING ADDENDUM TO
THE SEPTEMBER 9, 1992 REPAYMENT AGREE-
MENT BETWEEN THE REDEVELOPMENT
AGENCY AND THE CITY OF SOUTH SAN
FRANCISCO
CONSENT CALENDAR
RESOLUTION NO. 137-93
Removed from the Consent Calendar by Mayor
Fernekes for discussion as their was a speaker's card
received.
So ordered.
RESOLUTION NO. 138-93 Councilmembers Penna
and Teglia did not participate nor vote on the item.
M/S Teglia/Yee - To approve the Consent Calendar
with the exception of Item No. 5.
Carried by unanimous voice vote with the exception
of Item No. 5, and Councilmembers Penna and
Teglia did not participate nor vote on Item No. 7.
12/8/93
Page 6
AGENDA AC!ION TAKEN
O8O
.--.CONSENT CALENDAR
5. Resolution approving agreement between South San
Francisco and Millbrae to implement solid waste and
household hazardous waste programs. 5'0 ~ 7
A RESOLUTION ADOPTING AGREEMENT BE-
TWEEN SOUTH SAN FRANCISCO AND
MILLBRAE TO IMPLEMENT SOLID WASTE
AND HOUSEHOLD HAZARDOUS WASTE PRO-
GRAMS
PUBLIC HEARINGS
Public Hearing - To consider a proposed increase in
collection rates by So. San Francisco Scavenger
Company; Public Hearing opened and continued from
the 10/27/93 and 11/10/93 meetings; conduct Public
Hearing, resolution approving increase for the S.S.F.
Scavenger Company, directs a review of Blue Line
Transfer Co. profitability and a scavenger service
performance review and establishes future information
requirements for future rate reviews. 3"~. Z 7
CONSENT CALENDAR
agreement to implement a program approved and
discussed during the budget for solid waste and
household hazardous waste reduction. He stated that
the agreement would provide the cost sharing to
conduct the program with Millbrae, with one em-
ployee serving both cities.
City Engineer Von Dohren related: this particular
work will go from the present time through June
30th; the breakdown in cost relates to a major ad-
ministrative task that will be shared with Millbrae;
this had been done three years ago in cooperation
with Brisbane and each city's share was 20%, how-
ever, they were not participating in this agreement;
so the breakdown is 45 % and raises the percentage
per city a couple of percent for that part; the re-
maining 55% is broken down by waste and is 22.4%
for Millbrae - because of the smaller amount of
industrial waste; the total approximate cost is
$35,000 for the next six months and, when they
have a handle on the cost, the figures will be adjust-
ed.
Discussion followed: Councilman Yee questioned -
where the funding was coming from and what the
source of the funds included in the rate base; the
funds are included within the solid waste collection
rate base; City was collecting $41,000 per year from
the scavenger rates.
M/S Yee/Drago - To adopt the Resolution.
RESOLUTION NO. 139-93
Carried by unanimous voice vote.
PUBLIC HEARINGS
Mayor Fernekes reopened the Public Hearing.
City Manager Wohlenberg stated that he had re-
ceived a request Friday from the Scavenger Co. to
defer the item for further discussions with the Sub-
committee regarding the whole makeup on the eval-
uation system and recommendation for evaluation of
the Blueline Transfer. He stated that today another
letter had been received and the real focus was in
the second paragraph.
12/8/93
Page 7
AG,ENDA ACTION TAKEN
081
.--~UBLIC HEARINGS
Public Hearing - Continued.
A RESOLUTION REVISING SCAVENGER RATES
AND CHARGES
PUBLIC HEARINGS
He stated that the nature of the Subcommittee rec-
commendation reached yesterday was that they
would recommend postponement, so long as the
Company made some proposal regarding how to
modify or handle the two or three month delay in
cost after the rate went into effect and was
He stated that several meeting dates were suggested
in the letter received today. He questioned if the
deferment was acceptable to the Council, but he did
not believe that was the way the Subcommittee
discussed it. He stated that the first decision is to
defer the hearing and, if the proposal was acceptable
to the Council, act on it.
Mayor Fernekes asked for a report from the Sub-
committee.
Councilman Yee stated that he and Councilwoman
Teglia, acting as the Subcommittee, were recom-
mending a 13.2% increase based on the Consul-
tant's report, which would be effective November
1, 1993, and also stated the City intends to conduct
a performance audit on Blueline Transfer.
He believes the City has met the spirit of the agree-
ment and, if the Company does not want to go along
with the increase and wants to discuss it more - then
perhaps they should waive the time period. He
stated that he was not accepting the proposal in the
12/8/93 Scavenger Attorney's letter, because ulti-
mately we still have to pay for the increase.
Councilwoman Teglia concurred, felt the effective
date should be moved to January 1st and questioned
whether the Scavenger Co. was willing to offer that
as a minimum if we defer the item or move the
effective date.
Mr. Paul Fermosa stated he was a representative of
the Scavenger Co. and felt, under these circum-
stances, if the Council wanted to move forward
tonight that was acceptable and they would withdraw
the request to defer the item.
Ms. Jan Pont, 111 Belmont Ave., questioned how
the new rate compared to the national average and
would this rate be adjusted for low income people.
12/8/93
Page 8
AQENDA A~!!Q~ TAKEN
--~UBLIC HEARINGS
Public Hearing - Continued.
12/8/93
Page 9
O82
PUBLIC HEARINGS
Mayor Fernekes asked for a staff report before
proceeding with more questions.
Finance Director Margolis stated the resolution will
approve a 13.2% increase for a two year period,
orders a review of Blue Line Transfer, orders a
scavenger service performance review and estab-
lishes future information requirements for future rate
reviews.
She related background information: the Company
had requested an increase in February of 25.7%; it
was reviewed under the terms of the franchise
agreement; City had contracted with a consultant to
determine what applies under the agreement; rate is
based on the cost of service, rather than the consum-
er price index; consultant recommended a number of
adjustments to the request in labor, cost, deprecia-
tion and the rest; the most significant thing was that
the disposal rate to Blue Line Transfer should not be
more than 2 % of the rates paid for the transfer
station in San Carlos, run by BFI Co.; the consul-
tant pointed out that there is now a surcharge that is
collected by the transfer station that relates to new
construction of facilities there and amortizing these
facilities, and suggested that surcharge of $3.95 was
not applicable to the rate here and it was subtracted;
he recommended a rate increase of 13.2%; there
were discussions with the Subcommittee on the
profitability of Blue Line Transfer and there was the
feeling that, in order to judge what the proper dis-
posal rate is they must know the tie to San Carlos;
therefore, the Subcommittee recommended proceed-
ing with the 13.2% increase, the result of the review
be factored into this agreement through the balanc-
ing account, move ahead with the Blue Line Trans-
fer review and obtain other information; the percent-
age would be applied to all rates equally; a cost of
service review would also be conducted.
Councilman Yee announced to the audience that
there would be a rate increase of 13.2% over two
years, beginning 11/1/93. He stated that although
the City was bound by an agreement with the Scav-
enger Co., he did not like the increase. He related
the Scavenger Co. had requested a 25.65 increase
and the consultant had come back with the figure
13.25.
~ENDA ACTION TAKEN
-.-~UBLIC HEARINGS
Public Hearing - Continued.
12/8/93
Page 10
083
PUBLIC HEARINGS
Councilwoman Teglia stated the Subcommittee had
needed further data and that was the reason for the
further reviews for the services rendered to this
community. She stated she had intended voting no
on this increase until they had done the perfor-
mance evaluation and other reviews, however, she
now supported the recommendation of the Subcom-
mittee.
Ms. Jan Pont stated the 13.2% increase was still
above the national average and included two previ-
ous increases for land fill and recycling. She
questioned: if there was revenue coming back to the
City for the recycling would that be applied to fu-
ture increases; whether the residents would get a
reduced rate because of the recycling revenue.
Director of Finance Margolis stated that the revenue
from recycling would lessen the fees coming from
the City and there were reduced rates for seniors
using smaller cans.
Ms. Pont stated she would like to see something
picked up by the Scavenger Co. like old paint and
spray cans - at lease once a year, because now they
are beginning to pick up oil and hazardous waste,
which has been a problem. She stated that, if the
Scavenger Co. was increasing rates, they should
pick up lawn cuttings twice a month when there are
five pickups in a month.
Mr. Pedro Gonzalez, 804 Olive Ave., spoke against
the rate increase, but it appeared he was late and
was sorry he could not have been in the negotia-
tions with the Scavenger Co. He stated that the rate
payers have no one to turn to to ease their financial
burden. He stated that most people worked at non-
union jobs, did not receive yearly raises and others
lived on fixed incomes.
He stated that, in these economic times, people had
to learn to tighten their belts, yet Councilman Yee
stated the City had an agreement and he felt the City
should be more careful in their agreements in the
future.
Ms. Beverly Bobblitt, 2204 Delvin Way, spoke as a
resident and taxpayer with concern that more people
were not in attendance, however, it had been post-
AGENDA ACTION TAKEN
PUBLIC HEARINGS
8. Public Hearing - Continued.
12/8/93
Page 11
PUBLIC HEARINGS
poned more than once. She stated she also under-
stood that, if the Company does not perform and
does not supply the things the City requested, there
should be an issue made of this and the next time
there is a public hearing there should be a notice in
the scavenger bill.
She spoke of this City not being given toters that
are given in other cities in addition to recycling
bins, because there are many seniors that could use
the toters. She urged the Council to carry through
with the audits and, if not done, the raise should be
reconsidered.
Director of Finance Margolis stated staff had re-
quested that the Scavenger Co. put a notice in their
bill informing people of the public hearing in June
and the Company had complied.
Mayor Fernekes closed the Public Hearing.
Councilwoman Teglia suggested setting up a citizens
committee when the franchise was renegotiated.
Councilman Drago questioned if the City Council
could add toters in the remaining two year perfor-
mance review and, if it was found the rate was over
inflated and the rate should be reduced, could we
reduce the bills.
City Attorney O'Toole stated that, as he understood
the franchise agreement, they set up a balancing
account to take care of any differences in the pro-
jections and actual cost and, if you turn something
up during the two year period, that would lower the
rates that would be compensated for in the balancing
account - which would be taken up in the next rate
request review. He stated that it meant, if there was
going to be a decrease, it wouldn't occur until the
two year period ended. He stated the agreement
realizes that a rate drop is a possibility.
Discussion followed: the toters had been part of the
negotiations in 1990; the City had let go of that in
order to discourage waste going into land fill; toters
in other cities have a 90 gallon capacity; there were
also discussions on the life span of Ox Mountain;
the cities with the toters have more than twice the
capacity and residents pay higher rates; the recycling
~QENDA ACTIQ~ TAKEN
085
..-~UBLIC HEARINGS
Public Hearing - Continued.
ADMINISTRATIVE BUSINESS
9. Resolution of award of contract to Trico Construction
Co. in the amount of $1,082,760 as the lowest re-
sponsible bidder for Phase VIII of the Aircraft Noise
-- Insulation Program. .~.~ ~
A RESOLUTION AWARDING CONTRACT TO
TRICO CONSTRUCTION CO. FOR PHASE VIII
OF THE AIRCRAFT NOISE INSULATION PRO-
JECT
PUBLIC HEARINGS
bins were being used to cut down on waste; what
was the track record for the toters in reducing
waste; how effective was the recycling; mandates
will hit cities in 1995 in reducing waste, however,
statistics were not yet compiled etc.
M/S Teglia/Yee - To adopt the Resolution,
direct staff to complete a review of Blue Line
Transfer profitability, do a Scavenger Co. perfor-
mance review and establish additional information
requirements for future rate reviews.
RESOLUTION NO. 140-93
Carried by unanimous roll call vote.
ADMINISTRATIVE BUSINESS
City Manager Wohlenberg stated this was a routine
award of contract for the Aircraft Noise Insulation
Program, however, there was an objection lodged by
the second low bidder and that was why the item
was not on the Consent Calendar.
City Engineer Von Dohren stated this award of
contract was for 149 houses for Phase VIII and,
because the bid was lower than the insurance
estimate, there was enough money to do another 37
houses. He stated that the bid protester believed the
low bidder could not do 509; of the work required,
the low bidder denied that allegation, and, after
review by the City Attorney staff, awarded the bid
to Trico Construction Co.
He stated that most of the houses would be in the
Brentwood west area and that would leave some
houses to be done in the area.
Councilman Yee questioned if the funding figure of
$1,875,000 was the money available.
City Engineer Von Dohren replied yes and included
the design element, staff costs and a total of 186
homes.
Discussion followed: when the 10,000,000 and
$120,000,000 programs would begin, in that em-
ployees had been hired; there were two problems, 1)
a cash flow with the Airport, that could be worked
12/8/93
Page 12
AGENDA A~!~N TAKEN .
--&DMINISTRATIVE BUSINESS
Resolution - Continued.
0. Consideration of Report on Special Improvement
Project Funding, and discussion of options and next
steps. SZ3~
086
ADMINISTRATIVE BUSINESS
out and 2) the language in the easement; the ease-
ments will be started at the end of the month, if the
problems are solved, otherwise delayed; the draft
easement language was different than previously in
use, staff changed it, sent it back and the Airport
said it was not an oversight - they wanted it
changed; previously 80% of the funding came from
the FAA, however, these programs will be 100%
funded by S.F. Airport and they want the language
changed; Councilwoman Teglia suggested that she
and Councilman Yee sit down with staff and the
Airport representatives about the language we have
and then come back to Council; staff had sent a
letter today asking that the language remain as it is
and, if there were changes, the Council would be-
come involved.
M/S Teglia/Penna - To adopt the Resolution.
RESOLUTION NO. 141-93
Carried by unanimous voice vote.
City Manager Wohlenberg stated he had prepared a
status report to make the Council aware of where we
are on the projects and the budgeted amounts that
keep changing on the four projects. He stated
that the biggest one was the retrofitting of City Hall
and the Library - with the Disability Act access re-
quirements, as well as costs to relocate all people in
the building and whether we want to undertake any
revamping, which has not been included nor formal-
ly discussed.
He questioned if there was interest in having all of
the permits being issued in one spot which would
increase relocation costs, and there were other costs
for drainage improvements around the building,
repainting after the wall panels are torn out and
$500,000 for relocation. He stated that, with the
Corporation Yard, the biggest thing is if they go to
a temporary site and whether Orange Park was to
proceed with every part but the piece in the middle.
He stated it would cost $500,000 to $600,000 to
relocate the Corporation Yard and the projects, in
total, were $6,000,000 more than appropriated.
He stated that staff was looking for Federal funds
for retrofitting and he planned to have multi-year
12/8/93
Page 13
AGENDA ACTION TAKEN
ADMINISTRATIVE BUSINESS
0. Consideration of Report - Continued.
ITEMS FROM COUNCIL
11. Oral Committee Reports.
12/8/93
Page 14
087
ADMINISTRATIVE BUSINESS
projections to help to maintain a safe, undesignated
reserve.
Discussion followed: having a study session after
the multi-year projects were received by Council;
then look at the latitude in the carry forward oper-
ating reserves; having a study session on the
third week in January; Councilman Drago felt
Council should step back and reevaluate their prior-
ities and set new ones; the modifications to
City Hall should be set aside at this time, but we
have to retrofit City Hall and the Library as a
top priority, then the land acquisition and still come
up with ballfields in Orange park, delay the
Corporation Yard for one to two years; Council-
woman Teglia spoke of discussion of a site for the
Corporation Yard for longer than two or three
years, which she wanted explored; she did not want
Orange Park delayed; Councilman Penna was not
concerned with retrofitting City Hall, because it had
survived other earthquakes unscathed - as it sits on a
solid area; he noted that the Merriam Building
does not have a foundation, yet survived earthquakes
because it is also on solid ground; he wants the Park
and Corporation Yard to get underway for employ-
ees and users of the park because, if the park is not
done in one phase, the costs will be escalated.
ITEMS FROM COUNCIL
Councilman Drago requested an ordinance be
agendized to establish a Cultural Arts Commission
to focus on sculptures on City entrances. He stated
that he wanted it comprised of community members
and use funds available from State Highway funds.
Consensus of Council - To agendize an ordinance
establishing a Cultural Arts Commission.
Mayor Fernekes stated that on Friday, at 6:00 p.m.,
there will be a City Selection Committee meeting
where he will cast votes for important positions in
San Marco County - and one is for the San Mateo
County Transportation Authority, and needed rec-
ommendations on individuals.
Councilwoman Teglia stated she wanted the Mayor
and Councilman Drago to have wide latitude because
Councilman Drago is seeking a seat and it was a
AGENDA A~TION TAKEN
088
.-X.TEMS FROM COUNCIL
1. Oral Committee Reports - Continued.
GOOD AND WELFARE
CLOSED SESSION
12.
Closed Session for the purpose of the discussion of
personnel matters, labor relations, property negotia-
tions and litigation.
RECALL TO ORDER:
ADJOURNMENT:
ITEMS FROM COUNCIL
good opportunity to seek votes because Roger Chin
was seeking a seat and he had always been support-
ive of this City.
Councilman Yee stated he agreed that this is pure
politics and, if you support Councilman Drago, go
for it.
GOOD AND WELFARE
No one chose to speak.
CLOSED SESSION
Council adjourned to a Closed Session at 9:43 p.m.
to discuss labor negotiations pursuant to GC 54957.6
on police and operating engineers, and property
negotiations pursuant to GC 54956.8 on surplus
school property.
Mayor Fernekes recalled the meeting to order at
11:30 p.m., all Council was present, no action was
taken.
M/S Teglia/Drago - To adjourn the meeting.
Carried by unanimous voice vote.
Time of adjournment was 11:31 p.m.
RESPECTFULLY SUBMITTED,
Barbara A. Battaya, City
City of South San Francisco
APPROVED.
12/8/93
Page 15