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<br />Bayside Environmental Service and Transfer (BEST) - Mr. Jones stated that the 45-hour <br />rule was instituted in San Jose because the previous contractors had 9 to 12 hour <br />working days due to transition problems. He said the union put in the 45-hour rule for the <br />protection of the employees. He said that in 2000, the City Auditor had reviewed Norcal's <br />bid proposal. The audit report to the City Council stated that it was too optimistic because <br />travel and the 45-hour rule was not correctly reviewed and that these could cause <br />problems, but that the proposal was approved by the City Council. He stated that at the <br />beginning, people could walk off, but later on it was changed so that if people went into <br />work on the fifth day, they had to finish the day. <br /> <br />Vice Mayor Howard asked Norcal about what preventative safeguards are in place in their <br />proposal regarding 9 hour working days. <br />Dan Day, Group Manager for Norcal, stated that Norcal had underbid the productivity <br />under that proposal in 2000. He said that drivers could leave early on Fridays, but that <br />they had to notify their supervisors on Thursday and then the managers would go out and <br />finish. He said some drivers could do 45 hours in four days and that created chronic <br />shortages. <br /> <br />Council asked about the labor costs of 9 hour days and noted that the goals of RFP <br />included increasing competitiveness, providing additional benefits for the community, and <br />to hopefully save money by increasing automation. Mr. Ponty confirmed those goals and <br />explained that the increase in cost is due to the increased diversion by contractor in <br />alignment with the City Council goal to divert more and reuse more. Currently, <br />subscribers sort and separate recyclables themselves. He also noted that there may be a <br />future increase in the commodities value and under new operating contract, there is a <br />formula to share any profits with the operator and also gives them more incentive to pull <br />more things out of the waste stream. <br /> <br />Mr. Tagore-Erwin stated that there were five committee members, with different <br />backgrounds and experiences, and that they all looked at a variety of RFPs and did their <br />own calculations to see if numbers worked. In response to one Council Member's <br />concern about any possible labor agreement issues, he stated that there is a <br />memorandum of understanding between Norcal and Labor and there were not any <br />current concerns. <br /> <br />A Council Member asked Mr. Ponty about his experience with the City and then <br />expressed his confidence and the committee's recommendation. Several other Council <br />Members stated their belief that the committee met the RFP goals and objectives and <br />thanked Mr. Ponty for his time and effort. <br /> <br />M/S Pierce/Bain to extend the meeting to 11: 10 p.m. Motion carries unanimously by <br />voice vote with all Council Members present. <br /> <br />M/S Aguirre/Hartnett to approve staff recommendation and the resolution. Motion <br />carries unanimously by roll call vote with all Council Members present. <br /> <br />Mayor Foust thanked all three Allied (Allied Waste Services of San Mateo County), BEST <br />(Bayside Environmental Service and Transfer) and Norcal (Norcal Waste Systems of San <br />Mateo County) for their attendance and clarification. <br /> <br />REGULAR CITY COUNCIL MEETING <br />MINUTES <br /> <br />SEPTEMBER 8, 2008 <br />PAGE 12 <br />