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HomeMy WebLinkAboutMinutes 1993-09-08 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes -""Iohn R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room September 8, 1993 314 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 September 1993, at 6:30 p.m., in the Municipal Services Building Community Room, 33 Arroyo Drive, South San Francisco, California. Purpose of the meeting: Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. Dated: September 7, 1993 City Clerk City of South San Francisco vALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) Closed Session for the purpose of the discussion of personnel matters, labor relations, property negotia- tions and litigation. Councilman Penna Arrived: RECALL TO ORDER: ACTION TAKEN 6:36 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Yee, and Teglia. Penna. Council adjourned to a Closed Session at 6:37 p.m. for the discussion of potential layoffs and reassign- ment of various employees pursuant to GC 54957, property negotiations on acquisition of surplus school property, and negotiations with the Commu- nity College District on property tax allocations in the El Camino Redevelopment Project Area pursuant to GC 54956.8, and labor negotiations on AFSCME pursuant to GC 54957.6. Councilman Penna arrived at the podium at 6:52 p.m. Mayor Teglia recalled the meeting to order at 7:34 p.m., all Council was present, no action was taken. M/S Penna/Fernekes - To adjourn the meeting. 9/8/93 Page 1 ~ENDA ACTION TAKEN ,DJOURNMENT: Carried by unanimous voice vote. Time of adjournment was 7:35 p.m. 315 RESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. ~ oberta Cern Tegha, a~ayor City of 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. 9/8/93 Page 2 Mayor Roberta Cerri Teglia Council: Jack Drago Joseph A. Fernekes ,---John R. Penna Robert Yee MINUTES City Council Municipal Services Building Community Room September 8, 1993 316 CALL TO ORDER: ROLL CALL: AGENDA (Cassette No. 1) PLEDGE OF ALLEGIANCE: INVOCATION: PRESENTATIONS ---%S.F. Rotary Club Gift Donation to Library's "Pennies ,r Art" A Resolution Commending Former Interim City Manager Patricia Martel Proclamation Eagle Scout Brian G. Schumacker Proclamation Eagle Scout Glen E. Price Beautification Committee Awards AGENDA REVIEW ACTION TAKEN 7:37 p.m. Mayor Teglia presiding. Council Present: Council Absent: Drago, Fernekes, Penna, Yee, and Teglia. None. The Pledge was recited. Rev. Bowdish, St. Elizabeth's Episcopal Church, gave the invocation. PRESENTATIONS Mr. George Samayoa, President of Rotary Club, presented the Mayor with a $1,000.00 check which was graciously received. Mayor Teglia read the commending resolution aloud and presented it to Former Interim City Manager Patricia Martel. Vice Mayor Fernekes read the two Eagle Scout Proclamations aloud and presented them to Mr. Brian G. Schumacker and Mr. Glen E. Price. Beautification Committee Member Barbara DeMattei presented the following awards: Commercial - Able To Travel; Multi-Dwelling - Mr. and Mrs. Ernest Bortolli/Mr. and Mrs. David Pozzi; Residential - Mr. and Mrs. Walter Sterling; Planting for Drought Years - Mr. Frank F. Rios. AGENDA REVIEW Mayor Teglia introduced new City Manager Wohlenberg. City Manager Wohlenberg expressed his apprecia- tion for the confidence shown by Council in his appointment, and looked forward to serving this 9/8/93 Page I AGENDA ACTION TAKEN AGENDA REVIEW ORAL COMMUNICATIONS 9/8/93 Page 2 317 AGENDA REVIEW City. He stated that he had nothing to add or delete from the Agenda. ORAL COMMUNICATIONS Ms. Jan Pont, 111 Belmont Ave., cited her con- cerns: not being informed by Calif. Water Co. when they are going to flush their water tanks and being awakened at 1:30 a.m. with all the water pipes rattling with the sound of water rushing down the street; not catching and reusing the excess water that is going down the drains, etc. Mayor Teglia stated she was willing to write a letter, but usually the utility company sends notices out with the billings. Ms. Pont cited further concerns: that no one chose to run for Council in the upcoming election, and if an elected person was going to step down the people should be given adequate notice; on an update of the Terrabay Project because there had not been one since January of this year. Assistant City Manager Mattel stated that the last information had been received in June from Mr. Oscher that a decision has been reached to transfer the property to another note holder and the mortgage company has not be publicly identified at this time. She stated that she learned from public works that it was indicated that W. W. Dean is still the property owner and is putting a group of partners together to complete the development and is negotiating with the lien holders on the property regarding terms. Mayor Teglia explained, on the election issue, that she had run unsuccessfully once and four times was successful, and had helped others and they were always cognizant of an incumbent in a seat and whether he would run or not. She had felt that person could wake up that morning and decide to run and come in and take out papers, and it was up to the contenders to get their act together. She stated that on the filing deadline morning all of the folks that took out papers as candidates, as much as four weeks in advance, and had not filed AGENDA ACTION TAKEN 318 ORAL COMMUNICATIONS COMMUNITY FORUM CONSENT CALENDAR Motion to approve Minutes of the Regular Meeting of 7/14/93, and Regular Meeting of 7/28/93. 2. Motion to confirm expense claims of 9/8/93. 5'O1 3 Resolution approving development of an operating agreement with Liberty Bank for loans in connection with the CDBG Housing Rehabilitation Program. A RESOLUTION AUTHORIZING NEGOTIATION OF AGREEMENT WITH THE LIBERTY BANK Resolution authorizing a funding agreement with Bay Area Air Quality Management District in the amount of $38,258 to purchase four alternative fuel vehicles. ORAL COMMUNICATIONS them and the City Clerk was asked to call all of them and tell them to get their papers in by 5:00 p.m. then the incumbents would not file. She stated that if even one person filed one incumbent stated he would not have filed. She stated that she was a little jealous because in five times of running she had to run for her life. She stated at this juncture it was history and the City needed money and there was stability in having the incumbents being returned to office, etc. COMMUNITY FORUM Councilman Penna reported that the Chamber of Commerce was in full support of the smoking ordi- nance and also supported a non-smoking ban in restaurants and bars. He stated that rather than waiting for State legislation, he was in favor of a 100% ban on smoking in this City. Mayor Teglia announced: received a POW flag from the VFW and wanted it to be flown at City Hall in September; Italian American Citizens games in September; Mexican Independence Day will be observed in September. City Manager Wohlenberg stated that he would give an update on Cable TV at the next meeting. CONSENT CALENDAR Approved. Approved in the amount of $1,921,781.05 Removed from the Consent Calendar for discussion by Vice Mayor Fernekes. 9/8/93 Page 3 AGENDA A~TION TAKEN 319 _ CONSENT CALENDAR Resolution - Continued. A RESOLUTION APPROVING A FUNDING AGREEMENT BETWEEN THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT AND THE CITY OF SOUTH SAN FRANCISCO Motion to adopt ordinance amending PERS contract for military service credits, f'-a~ o 5'/~ 7 AN ORDINANCE AUTHORIZING AN AMEND- MENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO AND THE BOARD OF ADMINIS- TRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Resolution approving development of an operating agreement with Liberty Bank for loans in connection with the CDBG Housing Rehabilitation Program. A RESOLUTION AUTHORIZING NEGOTIATION OF AGREEMENT WITH THE LIBERTY BANK tzouncilman Penna Returned to the Podium: CONSENT CALENDAR RESOLUTION NO. 118-93 ORDINANCE NO. 1133-93 M/S Fernekes/Drago - To approve the Consent Calendar with the exception of Item No. 3. Carried by unanimous voice vote. CDBG Coordinator Fragoso stated that all local banks had been contacted and only five had re- sponded on the low interest loans. Councilman Penna stated that he would not partici- pate on this item because he was a Director of Lib- erty Bank and removed himself from the podium at 8:15 p.m. Vice Mayor Fernekes related: concern over the process employed; whether any of the banks had better rates or performance; staff report should have said the City went out for proposals. CDBG Coordinator Fragoso related: 3% loans were secured by the bank; 10 day turn around with a title search; two banks were comparable, etc. M/S Fernekes/Drago - To adopt the Resolution. RESOLUTION NO. 119-93 Carried by majority voice vote, Mayor Teglia ab- stained. Councilman Penna returned to the podium at 8:25 p.m. 9/8/93 Page 4 AGENDA ACTION TAKEN PUBLIC HEARINGS ~. Public Hearing - Adoption of ordinance relating to the business license tax for commercial parking facili- ties; Public Hearing continued from 8/25/93 meeting, Motion to adopt ordinance. .5'lb -7 5.,.a7 7 AN ORDINANCE AMENDING SECTION 6.16.047 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RELATING TO THE BUSINESS LICENSE TAX FOR COMMERCIAL PARKING FACILITIES PUBLIC HEARINGS Mayor Teglia opened the Public Hearing. Director of Finance Margolis stated that the Public Hearing was being conducted with the second read- ing of the ordinance to increase the business license fee from 4% to 8%. She stated that the intent of the change is to put these visitor serving industries on a comparable par with the T.O.T. and generate additional revenue of $200,000 annually next year because of the time frame. She stated that all holders of business licenses had been notified under this category and had received material from Park'nFly which was attached to the staff report in addition to information requested by Council at the last meeting on other major airports. Mayor Teglia stated that she had continued this hearing because the businesses felt this was a serious threat and wanted time for them to meet with staff. She questioned if the meeting had taken place. Director of Finance Margolis stated that she and the Assistant City Manager had met with two repre- sentatives who did not have written information. Mr. Billy G. Gipson, Jr., Park'nFly, spoke in oppo- sition to increasing the business license tax: his Company picked up and delivered people to the Airport and stored their vehicles; they employ twen- ty people and maintain fifteen vehicles; it was a very competitive business and they could not pass the tax on to their customers; their daily rate was what the Airport charges; if this went into effect they would be charging two dollars more than their competitors; it was impossible to demonstrate the effects of the increase; they raised their rate 2% which did not even cover their expenses and in spite of this their revenues went down 3 %; this increase would have an adverse affect on their business; this was not a fair tax when there are only three business licensees that represent .005% of the businesses in the City and their tax was being doubled while other busi- nesses had not had their tax raised in a decade; Council should instruct the City Manager to restruc- ture all business licenses in the City so it was fairly applied; they were in the travel business and that was different than the hotel business where a person pays TOT regardless of where he stays; in his busi- ness a person will park in another City and be shut- 9/8/93 Page 5 A~ENDA ACTION TAKEN PUBLIC HEARINGS Public Hearing - Continued. 9/8/93 Page 6 PUBLIC HEARINGS tied to the Airport; their business was not lucrative; Burlingame and San Bruno only charge 5%, etc. He stated that he wanted to thank staff and everyone he dealt with including the Mayor and City Clerk for their assistance and cooperation. Ms. Elise Rames, Park'nFly, spoke in opposition to the tax and cited its effects on their business revenue and the ultimate reduction of employees. Ms. JoAnn Baton, Park'nFly, stated that she agreed with the previous speakers in opposition to the tax. Ms. Teri Monures, Park'nFly, stated that if they lost their customers the Company would be looking at layoffs which she did not think was the intent of the Council, and urged that the ordinance not be passed. Michael Malek, Esq. spoke in opposition to the ordinance: this tax made one wonder if the parking companies were working for the City or theirselves; he pointed up the prior lawsuit over the tax; the proposed tax was not reasonable; it was up to the Council to make an equitable and fair decision; they had dropped their daily fee from $7.00 to $5.00 to attract customers; discount coupons were being offered; they no longer had a rental car facility connected to their business; they had spent in the neighborhood of $500,000 to satisfy the City for their use permit just a few years ago; they were a minority company; differences in the preliminary budget in business license percentages; suggested a 6% increase rather than an 8% increase; etc. Discussion followed: whether the City had the authority to require an audit of the books; whether the companies were underpaying the tax; this City has always been committed to its business clientele; former City Manager had suggested culling out this business for this approach and the Council had held it in abeyance; Council had asked the companies for facts and figures and if they did not want to do it on the public record they should do it with the City Attorney and show him the evidence; the City needed revenue for its employment force; etc. Mayor Teglia closed the Public Hearing. AGENDA ACTION TAKEN 37. PUBLIC HEARINGS ~. Public Hearing - Continued. RECESS: RECALL TO ORDER: Public Hearing - Increasing paramedic service fees; Conduct Public Hearing, adopt resolution increasing paramedic service fees. ,~5'~ '7 A RESOLUTION AMENDING CHAPTER 1 OF THE MASTER FEE SCHEDULE OF THE CITY OF SOUTH SAN FRANCISCO RELATING TO PUBLIC HEARINGS Discussion followed: the parking companies do not pay sales tax; Council encouraged businesses to operate and develop in S.S.F.; how the Finance Director made the comparison to T.O.T.; Genentech offered the City job opportunities, as well as sales tax and had no relationship to this business as al- leged; San Francisco's fee was 25% of the gross and a tax on top of that if they lease land from the City; City should audit the books; the ordinance could be changed to include an audit; the proposed tax was less than sales tax; would rather see a 6% tax with full capacity rather than a 8% tax with less than full capacity; Councilman Drago suggested a 6% tax and in January review the impacts presented by the parking companies, and look at a 2% additional tax, etc. Mayor Teglia declared a recess at 9:05 p.m. She recalled the meeting to order at 9:18 p.m., all Council was present, no action was taken. Further discussion followed: if the companies lost customers because of the tax, then the City would lose revenue; auditing their books; companies re- ported a 15% profit; putting a cap on the tax; this is a gross receipts tax and the City Attorney was not sure a cap could be applied; etc. M/S Yee/Penna - To adopt the Ordinance. ORDINANCE NO. 1134-93 Carried by unanimous roll call vote. M/S Yee/Penna - To direct the City Manager to write to each affected parking company regarding the ordinance and the tax will be reviewed in Janu- ary. Carried by unanimous voice vote. Mayor Teglia opened the Public Hearing. Director of Finance Margolis stated that currently the City only recovers 25 % of the cost of provid- ing this service, and pursuant to Council direction this fee would cover 75% of the cost. She stated that rates for non-resident paramedic fees would be 9/8/93 Page 7 AGENDA ACT!QN TAKEN 32.3 PUBLIC HEARINGS ~. Public Hearing - Continued. PARAMEDIC FEES o Public Hearing - East of 101 Area Plan; conduct Public Hearing; Motion to cancel the Public Hearing. ADMINISTRATIVE BUSINESS Resolution awarding contract to Interstate Grading and Paving, Inc. for the Appian Way Reconstruction Project in the amount of $153,659.20 as the lowest responsible bidder. .5'0 ~ e] A RESOLUTION OF AWARD OF CONTRACT FOR THE APPIAN WAY RECONSTRUCTION PROJECT 10. Resolution approving the 1993-1994 Operating Bud- get, and resolution approving capital outlay appropri- ations for the Capital Improvement Budget Fiscal Year 1993-1994. ~/20 A RESOLUTION APPROVING THE FISCAL YEAR 1993-1994 OPERATING BUDGET FOR THE CITY OF SOUTH SAN FRANCISCO AND ADOPTING CORRESPONDING APPROPRIA- TIONS A RESOLUTION APPROVING CAPITAL OUT- LAY APPROPRIATIONS FOR THE 1993-1994 CAPITAL IMPROVEMENT BUDGET PUBLIC HEARINGS on the next meeting, etc. Mayor Teglia closed the Public Hearing. Councilman Drago related that this was not intended to be a money maker, and felt this charge was too high. M/S Yee/Fernekes - To adopt the Resolution. RESOLUTION NO. 120-93 Carried by unanimous roll call vote. M/S Drago/Penna - To cancel the Public Hearing. Carried by unanimous voice vote. Consensus of Council - To accept the schedule for East of 101 Area Plan meetings and timetable. ADMINISTRATIVE BUSINESS M/S Penna/Drago - To adopt the Resolution. RESOLUTION NO. 121-93 Carried by unanimous voice vote. Councilman Yee asked the City Manager to get a letter out to adjacent property owners on this Project. Director of Finance Margolis stated that this process had begun in February and there had been numerous modifications, and the June budget guidelines had reduced expenditures $1.3 million and eliminated positions. She proceeded to explain the other changes in subsequent months that were made by Council direction and were included in the resolu- tion: maintaining the reserve due to refunds and retirements; the PERS being transferred to the Gen- eral Fund; $400,000 reserve for contingencies in revenues. Assistant City Manager Martel highlighted changes in the budget: eliminated four positions previously authorized in the budget - Assistant to the City Manager, Recreation Supervisor, Public Works 9/8/93 Page 8 AGENDA ACIIQN TAKEN ADMINISTRATIVE BUSINESS D. Resolution - Continued. 9/8/93 Page 9 ADMINISTRATIVE BUSINESS Maintenance Worker, and Deputy Fire Marshal; Fire Chief felt it was more effective to eliminate the Fire Safety position instead of the Deputy Fire Marshal and not have the Y rating; $50,000 reduc- tion in recreation programs with the elimination of the Recreation Supervisor; staff looked at potential revenue sources in sidewalk repairs and Fire De- partment training; requested information had been submitted on staffing levels in the waste minimizer and the expanded noise reduction program; CIP projects for the fire station, banquet room floor, police communications console, and debt service, etc. Discussion followed: Council decided that Y rating was not a public policy to adopt and had rejected it; appropriated amounts should come back to Council before proceeding; the only concern was on the fire station and that should not hold up the other pro- jects; entertainment tax as potential revenue, etc. Mr. Don Dowling stated that he was representing the S.S.F. Scavenger Co. who had a concern over the adoption of the budget that relies on a tax pro- posed on so-called commercial recyclers, although he had not seen a draft of the proposed ordinance but understood it seeks to collect 7% tax from the independent debris box companies. He stated that these debris box companies collect and haul refuge in this City and this tax law would only further complicate and weaken the ordinances that regulate the collection of refuge of the recycling program in the City and would weaken the collection rights granted the S.S.F. Scavenger Co. in 1990. Mayor Teglia stated those fees were not up for adoption tonight but when they were he could ad- dress them which she believed would be at the next meeting. Mr. Dowling stated that he brought it up because the budget does rely on a proposed revenue of $25,000 from this tax and when the ordinance does come they will come back and point out why the ordinance is improper. He stated that the debris companies are operating illegally in the City and should be stopped, and this had been addressed with the City's negotiations with the Scavenger Co. AGENDA A~!!QN TAKEN ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 9/8/93 Page 10 325 ADMINISTRATIVE BUSINESS in 1990. He stated that during the negotiations the City proposed to allow debris companies to operate and collect debris and the Scavenger Co. objected and this provision was dropped from the draft con- tract and the ultimate contract did not have that provision allowing debris box companies to operate. Mayor Teglia stated that she was part of that Sub- committee and it was the intention of the City at that time - and it was very clear that they were not changing the status of those companies and she felt Mr. Dowling was making assumptions that were not true. Mr. Dowling stated that he had a copy of the draft contract and it had a specific provision that said that debris box companies would be exempt from the provision against hauling refuge and that was con- tested by the scavengers and was removed from the adopted contract. He stated that the contract does not say anything about debris box companies and the confusion re- lates to the legality of the debris box companies because they claim they can collect refuge under an ordinance that regulates junk collectors. He stated that the ordinance only allows a junk collector to collect salvageable material - not refuge, but they come back and say they can act as recyclers. He stated that the Municipal Code Sec- tion 8.28.130 says that one who is paid to haul away goods is presumed not to be a recycler, yet that is what you are intending to tax them as. He stated that the same dispute came to a head in S.F. for the same debris box companies that are operating here in S.S.F. that were enjoined by the City of S.F. recently and by the franchisee from any hauling activities of solid waste or recyclable, and those same arguments are applicable here as well. He stated that a City must have comprehensive regulation of garbage within its jurisdiction. He continued, due to the health and safety concerns, as well as the financial factors, it is most efficient for a City to contract with an exclusive franchisee who is responsive to all aspects of the job, etc. AGENDA _AC!IQN TAKEN ADMINISTRATIVE BUSINESS 0. Resolution - Continued. 9/8/93 Page 11 326 ADMINISTRATIVE BUSINESS He stated that the City gets a 7 % fee from the Scav- enger Co. and that fee is adversely affected by the operation of the debris box business which is basi- cally unregulated refuge haulers. He stated that even with the proposed 7 % tax it will not make up the cost of the enforcement, auditing and collection. He continued: the proposed tax explicitly sanctions debris box companies' unlawful practice; would amount to an illegal, inefficient tax on an illegal activity; the adoption of the ordinance would consti- tute a breach of the franchise agreement with the Scavenger Company; better solution would be for the City to enforce the existing ordinances and give the Scavenger Co. what it is entitled to - an exclusive right, etc. Mayor Teglia related: Subcommittee had not been able to get a handle on what it cost the Scavenger Co. to do business in this City, and it could not get a cost for the service; a lot of people believe that the profits out in the business sector are such that the residential rates should be lowered; the Scavenger Co. had wanted Council to use a mechanism to put those companies out of business for a number of years and the Council has refused being their agent; if the Council chose to do that she hoped their would be a healthy debate. Mr. Colin Post questioned: the budget having mon- ey put aside for airplane noise; four positions being eliminated; how many positions were on the Design Review Board; he felt that if the Board was abol- ished many residents and contractors would be very happy. Mayor Teglia related: that the City was applying for monies from the Federal Government and the City of San Francisco for the program to retrofit homes against Airport noise intrusion; the Design Review Board was a voluntary Board that was not paid. M/S Drago/Fernekes - To adopt the Resolution. RESOLUTION NO. 122-93 Carried by unanimous roll call vote. AGENDA ACTION TAKEN 3Z7, ADMINISTRATIVE BUSINESS 3. Resolution - Continued. ITEMS FROM COUNCIL 11. Oral Committ~ Reports. 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: 13. Motion to adjourn the meeting to Wednesday, 9/15/93, 7:00 p.m. City Council Conference Room, City hall for the following purposes: Motion to au- thorize letter to County Public Works Department commenting on the Draft 1993 Congestion Manage- ment Plan; Police reorganization plan; and a Closed Session pursuant to Government Code. ADJOURNMENT: ADMINISTRATIVE BUSINESS MIS Drago/Fernekes - To adopt the Resolution without $200,000 for the fire station. RESOLUTION NO. 123-93 Carried by unanimous roll call vote. ITEMS FROM COUNCIL No one chose to speak. GOOD AND WELFARE No one chose to speak. CLOSED SESSION Council adjourned to a Closed Session at 11:07 p.m. to discuss personnel matters pursuant to GC 54957 on potential layoffs and reassignment of various employees; property negotiations pursuant to GC 54956.8 on acquisition of surplus school property and negotiations with the Community College Dis- trict on property tax allocations in the El Camino Redevelopment Project Area; and labor negotiations pursuant to GC 54957.6 on AFSCME. Mayor Teglia recalled the meeting to order at 12:00 a.m., all Council present, no action was taken. There was agreement on the Council to not adjourn the meeting to a set date. MIS Fernekes/Drago - To adjourn the meeting. Carried by unanimous voice vote. Time of adjournment was 12:02 a.m. 9/8/93 Page 12 A~ENDA ACT!QN TAKEN 328 ._I~ESPECTFULLY SUBMITTED, Barbara A. Battaya, City Clerk City of South San Francisco APPROVED. City of 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. 9/8/93 Page 13