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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