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Minutes - San Leandro City Council Meeting - August 16, 1993 Page - 8 - NEW BUSINESS (continued) Council Member Kerr indicated he heard the words of Mr. Filipovich, and, he, himself, was concerned about being able to represent his constituency regarding this matter. He said he is opposed to this Ordinance, not for the sake of Oro Loma but for the people that are to be served by Oakland Scavenger. The issue of this Ordinance is mainly over money. San Leandro wants money from the garbage customers for damages incurred to the roadways. How much damage can one truck a week do. Are we going to charge a franchise fee to every other truck that uses the roadways. Oakland Scavenger trucks already pay gas tax funds. He suggested the item be tabled until the City meets with the new Oro Loma Manager and Oakland Scavenger to work out a plan of action. Council Member Perry asked if this would affect the rates that are now being charged by Oro Loma and if this changes the Oakland Scavenger contract which runs until 2003. City Attorney Meyers confirmed that this will not change service, but it will put the City of San Leandro in a position of strength to negotiate with Oro Loma. Council Member Myers stated that what we are essentially doing will enable our staff to work with Oro Loma. Staff will still come back with any decisions that need to be made. We are asking for the funds that are currently going to Oro Loma to come to San Leandro. There will be no fee increases and no change in service to Washington Manor. City Attorney Meyers stated that was correct. Council Member Corbett said she understood Council Member Kerr's concerns. She also said that, traditionally, by law, franchise fees are for the payment for damages to roads. She said the City of San Leandro also sets aside franchise fees to compensate for the use of the roads, and the City should not be asked to subsidize Oakland Scavenger's use of the roads. City Attorney Meyers stated that franchise fees have been paid to municipalities for over 120 years. City Manager Mike Oliver stated that, if the City Council adopts this Ordinance, they are directing the City Manager to begin negotiations on a formal basis. Council Member Nahm stated, as part of the Vision Task Force, they discussed lots of different things that had to do with money. This included talks about limiting access to parks and libraries, because of money. We are talking about a variety of remedial actions, because of money. This Ordinance not only addresses money, but it places the negotiation of the expense with the proper body. He said he supports this issue.