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HomeMy WebLinkAboutCC Minutes 1997-01-06SRCC MINUTES (Regular) 1/21/97 Page 1 IN THE COUNCIL CHAMBER OF THE CITY OF SAN RAFAEL, MONDAY, JANUARY 6, 1997 AT 8:00 PM Regular Meeting: Present: Albert J. Boro, Mayor San Rafael City Council Paul M. Cohen, Councilmember Barbara Heller, Councilmember Cyr Miller, Councilmember Gary O. Phillips, Councilmember Absent: None Also Present: Rod Gould, City Manager Gary T. Ragghianti, City Attorney Jeanne M. Leoncini, City Clerk OPEN SESSION - 7:00 PM - COUNCIL CHAMBER Mayor Boro announced Closed Session item. CLOSED SESSION - 7:00 PM - CONFERENCE ROOM 201 1. a. Personnel Matters -- Government Code Section 54957 Public Employee Performance Evaluation: City Manager Mayor Boro announced the Closed Session meeting would continue at the conclusion of the San Rafael Joint Powers Financing Authority meeting. OPEN SESSION - 8:15 PM - COUNCIL CHAMBER ORAL COMMUNICATIONS OF AN URGENCY NATURE: 8:15 PM None CONSENT CALENDAR Councilmember Phillips moved and Councilmember Miller seconded, to approve the following Consent Calendar items: ITEM RECOMMENDED ACTION 2. Approval of Minutes of Special Joint Meeting Approved as submitted. Meeting of Thursday, April 18, 1996, and Regular Meeting of Monday, December 16, 1996 (CC) 3. Resolutions Authorizing Execution of Agreements Re: Property and Sales Tax Audit Services: (Admin. Svcs.) - File 8-13-8 a. Resolution Authorizing the Signing of an RESOLUTION NO. 9760 - Agreement for Property Tax Services with RESOLUTION AUTHORIZING THE HdL Coren & Cone SIGNING OF AN AGREEMENT FOR PROPERTY TAX SERVICES WITH HdL COREN & CONE (2 Year Period to Sunset 12/31/98). b. Resolution Authorizing the Signing of an RESOLUTION NO. 9761 - Agreement for Sales Tax Audit and Information RESOLUTION AUTHORIZING THE Services with Hinderliter, de Llamas & SIGNING OF AN AGREEMENT FOR Associates SALES TAX AUDIT AND INFORMATION SERVICES WITH HINDERLITER, de LLAMAS AND ASSOCIATES. C. Resolution Authorizing Access to Sales and Use RESOLUTION NO. 9762 - Tax Records Pursuant to Revenue and Taxation RESOLUTION AUTHORIZING ACCESS Code Section 7056 TO SALES AND USE TAX RECORDS PURSUANT TO REVENUE AND TAXATION CODE SECTION 7056. 4. Appointment of New North San Rafael Vision Appointed Lauren Pizzi and Steering Committee Members (P1) Carole Dillon to the North - File 9-2-51 x 238 San Rafael Vision Steering Committee. SRCC MINUTES (Regular) 1/21/97 Page 1 SRCC MINUTES (Regular) 1/21/97 Page 2 5. Resolution Authorizing the City Manager to RESOLUTION NO. 9763 - Execute an Amendment to the Household Hazardous RESOLUTION AUTHORIZING THE Waste Agreement with the Marin County Hazardous CITY MANAGER TO EXECUTE AN and Solid Waste Joint Powers Authority (FD) AMENDMENT TO THE HOUSEHOLD - File 4-13-96 x 4-3-32 x 13-2 x 115 x 9-3-31 HAZARDOUS WASTE AGREEMENT WITH THE MARIN COUNTY HAZARDOUS AND SOLID WASTE JOINT POWERS AUTHORITY. 6. Resolution Authorizing the City Manager to RESOLUTION NO. 9764 - Execute an Agreement to Prorate Indemnification RESOLUTION AUTHORIZING THE Costs Associated with Household Hazardous Waste CITY MANAGER TO EXECUTE AN Contract with Marin County (FD) AGREEMENT TO PRORATE - File 4-13-96 x 4-3-32 x 13-2 x 115 x 9-3-31 INDEMNIFICATION COSTS ASSOCIATED WITH HOUSEHOLD HAZARDOUS WASTE CONTRACT WITH THE MARIN COUNTY SOLID AND HAZARDOUS WASTE JOINT POWERS AUTHORITY. 7. Resolution Authorizing the Recordation of the RESOLUTION NO. 9765 - Notice of Completion and Release of Subdivision RESOLUTION AUTHORIZING THE Improvement Security, Montevideo Terrace RECORDATION OF THE NOTICE Subdivision (formerly known as Oakview OF COMPLETION AND RELEASE Subdivision) (PW) OF SUBDIVISION IMPROVEMENT - File 5-1-327 SECURITY, MONTEVIDEO TERRACE SUBDIVISION (FORMERLY KNOWN AS OAKVIEW SUBDIVISION), SAN RAFAEL, CALIFORNIA. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None ABSTAINED: COUNCIL ERS: Miller (from part of Item #2, minutes of 4/18/96 only, due to absence from meeting). MONTHLY REPORT: 8. CITY WORK PLAN REVIEW (CM) - File 237 Assistant City Manager Suzanne Golt reported the City had many projects underway, noting 82 of the major activities were included in her report, particularly those which tie-in directly to the Council's eight main Goals and Objectives set earlier this year. Councilmember Heller noted recruitment for three positions in the Code Enforcement program was underway, and asked for an update. City Manager Gould reported there had been quite a bit of interest in these positions, including those with bilingual speaking abilities, noting he felt we would have some excellent choices in filling the Supervisor and Assistant Code Enforcement Officer positions. He stated these positions should be filled within the next six to eight weeks. Councilmember Cohen moved and Councilmember Phillips seconded, to accept the report. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None PUBLIC HEARING: 9. PUBLIC HEARING - APPEAL OF DISABLED ACCESS REQUIREMENTS - 65 MEDWAY ROAD (PW) - File 13-1-1 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Public Works Director David Bernardi reported he was presenting a request for waiver of the handicapped access requirements on the basis of unreasonable hardship. Mr. Bernardi explained State regulations allow an applicant to appeal these requirements if they impose an unreasonable hardship, noting State law indicates that when access improvements exceed 20% of the cost of the project, without the access improvements, the costs are disproportionate and, therefore, a hardship exists. Mr. Bernardi reported the applicant, Enterprise Rent -a -Car, conducted improvements at a value of approximately $4,000, noting 20% of that value would be $800, and would consist primarily of providing access to the front door and into SRCC MINUTES (Regular) 1/21/97 Page 2 SRCC MINUTES (Regular) 1/21/97 Page 3 the lobby area. He stated during the course of the project the owner discovered the existing plumbing fixtures did not work, and he spent an additional $1,600 in repairing the bathroom, noting the facilities replaced were installed in accordance with the handicapped requirements, although they do not fully meet the requirements of State law. Mr. Bernardi stated the amount spent clearly exceeds what is required by State law. Mr. Bernardi reported the State defined the priorities placed on various types of access. The first priority is making the specific area accessible, the second is the primary entrance and path of travel to the area which was altered, and the third priority is bathrooms, drinking fountains and public telephone. Mr. Bernardi stated this applicant had clearly met the intent of the law. Mr. Bernardi stated the City's Contract Accessibility expert reviewed this request, and he concurred with the recommendation for waiver. There being no public comment, Mayor Boro closed the Public Hearing. Councilmember Cohen moved and Councilmember Phillips seconded, to grant the appeal and directed staff to prepare a Resolution for future Council consideration. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None 10. PUBLIC HEARING - APPEAL OF DISABLED ACCESS REQUIREMENTS - 1533 FOURTH STREET (PW) File 13-1-1 Mayor Boro declared the Public Hearing opened, and asked for the staff report. Mr. Bernardi reported the applicant was asking Council to consider a waiver of handicapped access requirements for a restaurant known as the Mayflower Inn on Fourth Street. He stated the applicant was required to install a glass door separating the bar area from the eating area, to meet the City' s "No Smoking" requirements, and in doing so triggered the accessibility requirements. Mr. Bernardi stated the cost of the door was $2, 100 , noting 20% would be approximately $400; therefore, anything over that amount was deemed to be a hardship. Mr. Bernardi noted the owner did add an additional accessible entrance to the restaurant area, which was valued at $1,500, and this clearly exceeded the 20% requirement of State law. Mr. Bernardi stated staff was recommending Council direct staff to return with an appropriate Resolution. Mayor Boro noted the staff report stated accessible bathrooms would not be provided at this time; however, letters from the City's consultant and the Chamber of Commerce referred only to the issue of a seven foot ramp, and did not address the issue of the bathroom. He asked if the consultant was aware that the bathroom was not being addressed at this time? Mr. Bernardi stated that was correct. Councilmember Cohen clarified the issue was access to the bar, and not access to the dining room, because the new entrance is handicapped accessible and ramped. Mr. Bernardi stated this was correct, noting it was considered equivalent facilitation, and pointing out one could enter the dining area from the street, and could also enter the bar from the street. Mr. Cohen asked if this project impacted the bathroom, and Mr. Bernardi stated it did not. Barry Oldham, owner of the Mayflower Pub & Grill, stated the improvements they have made in the building make it much more accessible than it had been in the past. He noted that to upgrade the restrooms would cost approximately $25,000 to $30,000, and while the restrooms were not currently handicapped accessible, they were more accessible than they had been. He noted to install a ramp from the slightly lower room to the upper room would be quite expensive, and would also change the configuration and restrict the amount of usable space available. There being no further public comment, Mayor Boro closed the Public Hearing. Councilmember Cohen noted the Council should acknowledge that efforts are being made to comply with competing regulations, with the owner also trying to separate smoking and non-smoking areas. Mr. Cohen stated the owner should be commended for that, not penalized. Councilmember Cohen moved and Councilmember Heller seconded, to grant the appeal SRCC MINUTES (Regular) 1/21/97 Page 3 SRCC MINUTES (Regular) 1/21/97 Page 4 and directed staff to prepare the appropriate Resolution. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None 11. PUBLIC HEARING - CONSIDERATION OF ADOPTION OF RESOLUTION AUTHORIZING AMENDMENT TO EXCLUSIVE FRANCHISE AGREEMENT WITH MARIN SANITARY SERVICE TO ESTABLISH FRANCHISE FEE IN AMOUNT OF 1096 OF GROSS RECEIPTS FOR THE SOUTHERN SAN RAFAEL AREA (CM) - File 4-3-32 Mayor Boro declared the Public Hearing opened, and asked for the staff report. City Manager Rod Gould explained since 1966 the City of San Rafael has had an exclusive Franchise Agreement with Marin Sanitary Service for the hauling of refuse and recyclable service. He noted this agreement had been amended twenty-eight times, and will lapse in 2014. Mr. Gould noted the City enjoys excellent service from Marin Sanitary Service, and truly exceptional recycling service. Mr. Gould noted Marin Sanitary Service also provides other services to the City as part of this agreement, including picking up the waste at City owned facilities, and whenever the Public Works Department has a major clean-out after a major storm, they accept the refuse collected, as well. Mr. Gould stated the City of San Rafael had nothing but excellent working relations with Marin Sanitary Service. Mr. Gould stated it had become customary throughout California, and more and more common throughout the nation, for exclusive franchise haulers to pay a franchise fee for the privilege of that exclusive business arrangement. He reported the median rate was 10%, and noted all the cities in Marin County, except San Rafael and Novato, have these franchise fees; 10%. Mr. Gould reported the City has had discussion with the Garbarino family, owners of Marin Sanitary Service, and they are in full agreement that it would be proper to institute a franchise fee at this time. Mr. Gould explained the franchise fee would go into the General Fund, and be available for such things as Capital Improvements, street work, and storm drain work. Mr. Gould reported the Council has jurisdiction over the franchise only in Southern San Rafael, noting the Las Gallinas Valley Sanitary District controls the Franchise Agreement in North San Rafael. He stated if the Council were to agree to this amendment to the Franchise Agreement, he and Mr. Bernardi would attend a meeting of the Board of Directors of the Las Gallinas Valley Sanitary District on Thursday evening, and ask that they take similar action. Mr. Gould noted if Council were to approve this, he recommended they allow this as a pass-through in the rates, and when Council considers rate adjustments in June, this then be taken into account, and the franchise fee commence in the month of July. Mr. Gould stated Council would be presented with options, at a later date, as to how to allocate these funds. Patty Garbarino, representing Marin Sanitary Service, stated they were in complete support of this franchise fee, and thanked Mr. Gould for his words of encouragement regarding their recycling program, noting they were hoping to move forward quickly with their hazardous waste facility, which has already opened. There being no further public comment, Mayor Boro closed the Public Hearing. Councilmember Cohen noted that when discussion of the allocation of these funds takes place, he felt there should be a rational connection between the source of the funds and the uses to which they are put, so the City can show the rate payers there is a logical connection between the funds being collected and the way the City is expending them. Councilmember Heller moved and Councilmember Phiillips seconded, to adopt the Resolution. RESOLUTION NO. 9766 -RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MARIN SANITARY SERVICE TO IMPOSE A FEE ON THE COMPANY FOR THE EXCLUSIVE COLLECTION OF REFUSE AND RECYCLABLE MATERIAL (29th AMENDMENT TO AGREEMENT) (Annual Fee of 10% of Company's Gross Receipts). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None SRCC MINUTES (Regular) 1/21/97 Page 4 SRCC MINUTES (Regular) 1/21/97 Page 5 OLD BUSINESS: 12. REPORT ON BID OPENING AND AWARD OF CONTRACT FOR FIRST AND "C" STREET DRAINAGE IMPROVEMENTS, PROJECT NO. 916-9016-8770 (BID OPENING HELD ON TUESDAY, NOVEMBER 19, 1996) (PW) - File 4-1-487 Public Works Director Bernardi stated Economic Development Director Ours had pointed out Council could not take action at this time to authorize the transfer of $90,000, as that involved the Redevelopment Agency rather than the City Council. He noted he would present that item at the next Redevelopment Agency meeting. Mr. Bernardi recommended Council award the contract for the project to Maggiora & Ghilotti, Inc., reporting the original low bidder, Bauman Landscape, Inc. had withdrawn their bid, and Maggiora & Ghilloti, Inc. had agreed to maintain their current bid prices. Mayor Boro asked for an explanation of the cost overrun. Mr. Bernardi explained that when they estimate a project they do not do a lot of the utility location at the time of the estimate, noting this was usually done when they get into the actual design of the project; therefore, they do not have a full picture of the whole cost of the project. He noted they can generally estimate a project fairly well, but in this case, because of the sewer line and some of the concrete streets they did not know about at the time, once they did the exploration they found there was a concrete street instead of an asphalt street. He explained this drives the cost up substantially, as well as locating the utilities, and in this case the sewer line needed to be relocated in order to install the storm drain. Mayor Boro noted that while the initial estimate had been too low, the current bid was $20,000 lower than our revised estimate. Councilmember Cohen asked if any portion of the installation of the new sanitary main and laterals might be the responsibility of the San Rafael Sanitation District? Mr. Bernardi stated it would not, noting the existing facilities the Sanitation District own are in good shape and do not need to be relocated. Councilmember Cohen moved and Councilmember Miller seconded, to adopt the Resolution. RESOLUTION NO. 9767 -RESOLUTION AWARDING THE CONTRACT FOR FIRST AND "C" STREET DRAINAGE IMPROVEMENTS TO MAGGIORA & GHILOTTI, INC. IN THE AMOUNT OF $147,741 (as amended, to delete "and authorizing transfer of $90,000 from the Mahon Creek acquisition and drainage improvements account to this account" - to be placed on Redevelopment Agency Agenda for meeting of 1/21/97). AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None NEW BUSINESS: 13. REASSESSMENT DISTRICT NO. 1997-1: (Admin. Svcs.) - File 6-52 a. CIVIC CENTER - NORTHGATE REFUNDING ASSESSMENT DISTRICT - File 6-42.2 b. KERNER BOULEVARD REFUNDING ASSESSMENT DISTRICT - File 6-35.2 C. SUN VALLEY OPEN SPACE ASSESSMENT DISTRICT - File 6.36.1 Councilmembers Cohen and Heller announced they were disqualified from this item, due to conflict of interest, and left the Council Chamber. Administrative Services Director Ken Nordhoff stated this action was being considered primarily for two reasons, to lower interest cost on bonds which have been issued in the past, and to lower assessments in the affected property areas. Mr. Nordhoff reported that in the 1980's three separate Assessment Districts were formed, Kerner Boulevard, Civic Center/Northgate, and Sun Valley, and the purpose of those districts was to complete a number of Capital Improvements and Capital Project items, or to acquire open space. As part of establishing these districts, bonds were issued to complete the property acquisition and related Capital Improvements, and the bonds are secured by assessments liened against the property owners in their respective districts. SRCC MINUTES (Regular) 1/21/97 Page 5 SRCC MINUTES (Regular) 1/21/97 Page 6 Mr. Nordhoff reported the Administrative Services Department periodically reviews all of the City's debt and looks at opportunities where the City can save money. He noted they studied the refinancing of bonds tied to these three districts, and have come up with at least a 4.5% net present value savings, which means that if we added the cost of reissuing the debt to the current borrowing rates, we could still achieve greater savings than leaving the current districts and the current amount of interest in place. Mr. Nordhoff explained there were various steps involved in creating the district and structuring new bonds to retire our existing debt, which is due March 2, 1997. The first step would be to create the financing team, and he reported the underwriting firm was Mark Pressman Associates, who would be taking the lead in this transaction. He stated staff was recommending consideration of Sturgis, Ness, Brunsell and Assaf as bond counsel; Muni Financial Services as Reassessment Engineers; and Union Bank of California as the trustee who will administer the debt. Mr. Nordhoff reported this reassessment proceeding meets legal compliance for three reasons; the annual debt service we are anticipating in the new bond structure will be decreased, we have not extended the maturity date on any of the bonds presently in place, and the principal amount of the new debt we are considering does not exceed the sum total of the existing outstanding balance due on the bonds. Mr. Nordhoff noted the Reassessment Report breaks the current districts down into zones, and the new district will actually have zones which retain the integrity of the existing Sun Valley, Civic Center/Northgate, and Kerner Boulevard assessment districts. He stated this refinancing would result in 6%-18% savings to each property owner, ranging from $8 upward to $5,000 on various parcels. Mr. Nordhoff stated the refunding bonds would be issued by the City of San Rafael, and ultimately sold to the Financing Authority, with the proceeds being used to retire the existing debt. Mr. Nordhoff pointed out there was no financial impact to the General Fund, and no additional appropriations required as part of this action. He stated the reductions in the debt would continue throughout the life of the existing bonds, which is in the year 2011, and 943 property owners would have their annual assessments reduced as part of this action for fiscal year 1997-98. Mr. Nordhoff noted Mr. Edwin Ness, Bond Counsel, was present to answer any questions Council might wish to ask. In response to a question, Mr. Ness indicated all Resolutions, including filing of Reassessment Report, could be adopted with one motion. Councilmember Miller moved and Councilmember Phillips seconded, to adopt the four (4) Resolutions, and filing of the Reassessment Report. a. RESOLUTION APPROVING AGREEMENT WITH REASSESSMENT ENGINEER. RESOLUTION NO. 9768 -RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF SAN RAFAEL AND MUNI FINANCIAL CORPORATION ASSESSMENT DISTRICT REASSESSMENT CONSULTING SERVICES - REASSESSMENT DISTRICT NO. 1997-1. b. RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS PURSUANT TO THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT ACT BONDS, WITHOUT NOTICE OR HEARING. RESOLUTION NO. 9769 -RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS - REASSESSMENT DISTRICT NO. 1997-1. C. REASSESSMENT REPORT Reassessment report filed. d. RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING REASSESSMENTS. RESOLUTION NO. 9770 -RESOLUTION APPROVING REASSESSMENT REPORT AND ORDERING REASSESSMENTS - REASSESSMENT DISTRICT NO. 1997-1. e. RESOLUTION AUTHORIZING ISSUANCE AND SALE OF REFUNDING BONDS. RESOLUTION NO. 9771 -RESOLUTION AUTHORIZING ISSUANCE AND SALE OF REFUNDING BONDS - REASSESSMENT DISTRICT 1997-1. AYES: COUNCIL ERS: Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: Cohen & Heller DISQUALIFIED: COUNCIL ERS: Cohen & Heller (due to conflict of interest). SRCC MINUTES (Regular) 1/21/97 Page 6 SRCC MINUTES (Regular) 1/21/97 Page 7 (Councilmembers Cohen and Heller returned to the Council Chamber). URGENCY ITEM: Mayor Boro relinquished Chairmanship of the meeting, and passed the gavel to Vice -Mayor Cohen. Mayor Boro moved and Councilmember Heller seconded, to add an Urgency Item to the Agenda, which came up after the Agenda was posted. Council voted unanimously to add this as an Urgency Item. RE: MARTIN LUTHER KING, JR. BIRTHDAY CELEBRATION IN SAN FRANCISCO, JANUARY 20, 1997 - V;io Ina Mayor Boro distributed copies of a letter he had received from Cynthia Noble, a resident of San Rafael who works with high school and middle school students. He stated Ms. Noble was coordinating an event for 100 students to participate in the Martin Luther King, Jr. parade in San Francisco on January 20th, and is asking for the City's financial support, as well as volunteers to participate as monitors. Mayor Boro asked that the City contribute $100 toward this activity as a show of support, and urged anyone interested in participating as a volunteer to contact Ms. Noble. Mayor Boro moved and Councilmember Phillips seconded, to contribute $100 for San Rafael's High School and Middle School students' participation in Martin Luther King Day activities. AYES: COUNCIL ERS: Cohen, Heller, Miller, Phillips & Mayor Boro NOES: COUNCIL ERS: None ABSENT: COUNCIL ERS: None CITY COUNCIL REPORTS: 14. RE: FREITAS INTERCHANGE IMPROVEMENTS - File - File 9-2-50 (Verbal) Councilmember Cohen stated it appeared staff had a proposal for signalizing, on an interim basis, the Freitas Interchange. There would be a significant expenditure of funds, but nothing approaching the amount discussed previously. Mr. Cohen stated this signalization could work, on an interim bases, for possibly seven or eight years, which would give the City time to revisit the issue and find ways to fund the improvements which will ultimately be necessary. Members of the Freitas Interchange Advisory Committee will be meeting in February, along with consultants from CH2M Hill, and a report will be brought back to Council after the meeting. There being no further business to come before the Council, the meeting was adjourned at 8:55 PM. Closed Session reconvened after the Joint Powers Financing Authority meeting, including: • lb. Personnel Matters - Government Code Section 54957: Police Chief Recruitment Process No reportable action was taken. Closed Session adjourned at 10:00 PM. JEANNE M. LEONCINI, City Clerk APPROVED THIS DAY OF 1997 SRCC MINUTES (Regular) 1/21/97 Page 7 MAYOR OF THE CITY OF SAN RAFAEL SRCC MINUTES (Regular) 1/21/97 Page 8 SRCC MINUTES (Regular) 1/21/97 Page 8