Loading...
1991-04-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA APRIL 2, 1991 The meeting convened at 7:30 p.m. (following the Housing Authority Board of Commissioners Meeting) with President Corica presiding. Councilmember Withrow led the Pledge of Allegiance. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Absent: CONSENT CALENDAR Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. [Councilmember Thomas arrived at 7:32 p.m.] None. At the request of Councilman Arnerich, (91-219) report on Library automated circulation system vendor contract, was removed from the Consent Calendar and placed on the regular agenda. Councilmember Camicia moved approval of the remainder of the Consent Calendar. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 4. Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *91-192 From Public Works Director recommending acceptance of work by Gallagher & Burk, Inc. for the Repair and Resurfacing of Certain Streets, Phase 12, No. P.W. 8-90-13. Accepted. *91-193 From Executive Director, Housing Authority, recommending Waiver of Payment in Lieu of Taxes (PILOT) for Fiscal Year 1991-1992. Accepted. *91-194 From Executive Director, Housing Authority, recommending Amendment to the Public Housing Security Memorandum of Understanding. Accepted. RESOLUTION *91-195 Resolution No. 12085 "Authorizing Open Market Purchase for One Toro Parkmaster Mower for the Golf Complex." Adopted. *91-196 Resolution No. 12086 "Authorizing Application for Funds from Metropolitan Transportation Commission for Allocation of SB 36, AB 5 and Regional Measure 1-3% Monies for Alameda/Oakland Ferry Service." Adopted. *91-197 Resolution No. 12087 "Authorizing the Filing of Applications with the Metropolitan Transportation Commission for Allocation of Regional Measure 1-3% Monies for Bay Farm Island Bike Bridge Project." Adopted. April 2, 1991 83 *91-198 Resolution No. 12088 "Appointing an Engineer and an Attorney for Island City Landscaping and Lighting District 84-2." Adopted. *91-199 Resolution No. 12089 "Authorizing the Filing of a Claim with the Metropolitan Transportation Commission and the Alameda County Board of Supervisors for Allocation of Transportation Development Act and Alameda County Measure B Funds for Fiscal Year 1991-92." Adopted. FINAL PASSAGE OF ORDINANCES *91-200 Ordinance No. 2537, N.S. "Amending Various Sections of the Alameda Municipal Code Pertaining to the Public Works Department." Adopted. *91-201 Ordinance No. 2538, N.S. "Repeal of Sections 4-121, 4-122, 4-123, 4-124, and 4-125 of the Alameda Municipal Code, Chapter 1, Article 2, Relating to a Public Health Center." Adopted. *91-202 Ordinance No. 2539, N.S. "Amending the Alameda Municipal Code by Amending Section 3-123 of Article 2, Chapter 1, Title III (Finance and Taxation) Relating to Demands Against City." Adopted. *91-203 Ordinance No. 2540, N.S. "Amending the Alameda Municipal Code by Amending Section 3-171 of Chapter 1, Article 7, Title III (Finance and Taxation) Relating to Authority to Advance Reimbursable Funds." Adopted. *91-204 Ordinance No. 2541, N.S. "Amending the Alameda Municipal Code by Amending Section 3-321 of Chapter 3, Article 1, Title III (Finance and Taxation) Relating to Taxable and Exempt Property." Adopted. *91-205 Ordinance No. 2542, N.S. "Amending the Alameda Municipal Code by Amending Sections 16-413, 16-422, 16-423, 16-424 and 16-425 of Chapter 4, Article 1 and Article 2, Title XVI (Police Regulations) Relating to Lost, Stolen and Unclaimed Property. Adopted. *91-206 Ordinance No. 2543, N.S. "Amending the Alameda Municipal Code by Repealing Section 2-534 and Amending Section 2-538 of Chapter 5, Article 3, Title II (Administration) Relating to Sick Leave." Adopted. *91-207 Ordinance No, 2544, N.S. "Amending the Alameda Municipal Code by Amending Section 7-1117 of Chapter 1, Article 11, Title VII (Carriers) Relating to Taxi Cabs." Adopted. *91-208 Ordinance No. 2545, N.S. "Amending The Alameda Municipal Code by Repealing Sections 12-312 and 12-313 of Chapter 3, Article 1, Title XII, Relating to Bath Houses and Swimming Tanks." Adopted. *91-209 Ordinance No. 2546, N.S. "Amending the Alameda Municipal Code by Repealing Sections 12-341, 12-351, and 12-352 of Chapter 3, Articles 4 and 5, Title XII (Regulations of Businesses, Occupations and Industries) Relating to Shooting Galleries, Theaters and Shows." Adopted. ' April 2, 1991 84 *91-210 Ordinance No. 2547, N.S. "Amending the Alameda Municipa, Code by amending Section 17-432 of Title XVII Thereof to Provide foz the Installation of a Stop Sign at the Intersection of Garden Road at MeCartney." Adopted. *91-211 Ordinance No. 2548, N.S. "Amending the Alameda Municipal Code by Amending Section 17-342.4 of Chapter 3, Article 4, Title XVII and Repealing Subsection (50) of Section 17-342 Relating to Parking Restrictions on Saturdays in the 1300 Block of Park Avenue." Adopted. BILLS *91-212 Bills, certified by the City Manager to be correct, were ratified in the amount of $2,536,921.08. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTIONS President Corica announced the action taken by Council at the following Closed Sessions: 91-213 Council adjourned to Closed Session before the Regular Council Meeting of April 2, 1991, to consider Taylor, N. v. City of Alameda pursuant to Subsection (a) of the legal counsel section of the Browr Act: discussed the case and took no action. 91-214 Council adjourned to Closed Session following the Regular Meeting of March 7, 1991, to consider: Initiation of Litigation pursuant to Subsection (c) of Code Section 54956.9 of the Brown Act: No action taken. Adjourned Government Labor Relations pursuant to Subsection (a) of Government Code Section 54957.6: Gave further instructions to negotiator. Councilmember Thomas arrived and took her seat at the dais. MINUTES Councilman Arnerich moved approval of the Minutes of the Regular Council Meeting of March 19, 1991. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 91-215 From Assistant City Manager recommending consideration of an increase to Golf Course Green Fees. Shirt Ames, 32 Sunny Cove Circle, Chair, Golf Commission, stated thE Commission is considering how to proceed with green fees because it would like to redo the Golf Complex with a new restaurant banquet room and program the fee increase into a building fund to accomplish April 2, 1991 85 the project for about $4,000,000; a great deal of revenue would be brought in from the 700+ tournaments held at the complex each year; and the green fees would not be in effect until January 1992. President Corica stated banquet facilities have been considered for many years; the City's Golf Complex is the best municipal golf complex in the State, has been kept in beautiful condition by the Golf Course crew; commended the crew for their efforts through the years; believes an increase of fees is now necessary; and stated his support for the recommendation. Councilman Arnerich discussed the need for increased efficiency of the facilities with Commissioner Ames; requested clarification of use of enterprise funds to which the Assistant City Manager replied, ordinarily, an enterprise fund is restricted, and fees and charges pay for expenses; but he believes the Council has some latitude to make use of the funds if it so chooses. Councilman Arnerich requested the City Attorney prepare information for Council regarding the use of enterprise funds. President Corica inquired if the banquet hall would be operated by the present restaurant operation, to which Commissioner Ame6 replied the banquet hall would be a separate entity with a separate kitchen so caterers could be chosen. Councilmember Camicia moved the recommendation. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 91-216 From Community Development Director recommending reprogramming CDBG Contingency Funds to the West End Teen Program and Amending 1990-91 CDBG Final Statement. Herman Collins, President, Alameda Youth Development Association, 455 Buena Vista Avenue, #305, expressed concern of West End community that the need [for a funded Teen Program] is great; working with children in that area has resulted in improvement to the community; and he would like to continue the work with Council's help. Michael Hastings Smith, 1440 Sixth Street, #7, Alameda Youth Development Association, stated the West End has been somewhat neglected and the proposed funding is a good opportunity to put money into youth development and help everyone to appreciate what is being done throughout the City. Councilmember Camicia stated he believes the idea is good and moved the recommendation. Councilmember Withrow seconded the motion which carried by unanimous voice vote - 5. 91-217 From Fire Chief recommending authorization for three additional Firefighter positions for the Fire Department. President Corica stated funding is in the 1990-92 budget, and he believes the Firefighters are needed as the City has a new fire station. April 2, 1991 8i3 Councilmember Withrow discussed the budget with the City Manager asking if the Firefighters' raise is covered, since the increase recently given the Firefighters was not in the budget. The City Manager explained that the money authorized by Council for the pay raise was above and beyond what was planned, and because revenue has fallen short and expenditures increased, reserves and savings will not be as planned, and reserves will be reduced. Councilmember Withrow questioned whether it makes sense to pay for ongoing operations using reserves; and stated it is sometimes necessary to take cuts. The City Manager stated reserves should not be used for long-term ongoing expenses, but hopefully this year's reduction of revenues is an aberration; next year will be planned accordingly, with reduced expectation in revenues; revenue projections will be made, probably, in early May; and Council will be testing those projections. Councilmember Camicia stated there are obviously questions about the budget and suggested holding off the matter until May. Councilmember Withrow so moved. Councilmember Thomas commented people are needed to staff the new fire station and operate the equipment; the newspaper stated the Police Department will get the same raise as the Firefighters, but she has received no minutes from a Closed Session in which the raise was granted, has seen no authority for such a raise, except in a letter signed by the City Manager; a raise is not in the two-year Memorandum of Understanding, so the next Council may wish to review whether to give the Police Department, and Management, a third-year raise. President Corica commented the City Manager has financial expertise; and the new Council will find a way to handle the matter; the Firefighters in this City also staff the Emergency Medical Service which has saved many lives; he will be voting against the motion to table the matter (hiring of additional firefighters). Councilman Arnerich stated approximately two years ago, the General Fund Reserves were about $2,400,000; Reserves have been doubled to approximately $5,000,000; and clarified with the Fire Chief to fund the three Firefighters would be approximately the same as paying others overtime. The Fire Chief stated essentially the cost to staff is approximately the same with overtime as adding personnel, considering benefit packages, in most instances; and the new fire house could be staffed for about $10,000 for the current year. Councilmember Camicia stated he has not yet made a decision on this; a number of unanswered questions exist; answers concerning the best cost-saving approach could come during the budget process in a month. Councilman Arnerich inquired what the delay of a month would do. April 2, 1991 87 The City Manager responded waiting closer to the next fiscal year provides a better picture. The Fire Chief noted delaying on the action tonight effectively means the Fire Department will not be able to hire Firefighters for approximately six months. Councilmember Camicia stated if the information is available within a week, a Special Meeting could be called to hire the Firefighters. Councilmember Thomas stated the hiring of the Firefighters could be authorized, the mechanism would be in place, the test available, and the new Council when reviewing the budget, will have the opportunity to reassess the matter; if Council cannot afford to hire, Council can assess whether or not it can afford other projects, e.g., Museum funding, a new tree study. Councilmember Camicia inquired if Council approves the recommendation and the new Council does not want the three proposed positions, what would the procedure be to readjust the situation. Councilmember Thomas stated with the work force of 100 people, replacement occurs on a continual basis and probably about five people a year are hired by the Department; believes the announcement should go ahead and if authorization is not given at budget time, that would end the matter. Councilman Arnerich noted recent fires and stated he would not feel comfortable refraining from hiring the three Firefighters, and he cannot see the new Council denying staffing where it is so necessary for the safety of the people, and he will not put the matter off. Councilmember Camicia moved approval of recommendation, but with a caveat added that during the next budget cycle in May, Council determine whether to keep the three positions in for the next fiscal year. President Corica stated if money is to be spent, there is no better place to spend than on public safety; he will support (hiring additional personnel) and the new Council has the right to do what it believes is right. The motion failed for lack of a second. Councilmember Thomas moved to approve the recommendation to hire three Firefighters. Councilman Arnerich seconded the motion. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Thomas and President Corica - 4. Noes: Councilmember Withrow - 1. Absent: None. 91-218 From Personnel Director regarding Councilmember Health Care Benefits. (Councilmember Camicia) President Corica stated comments have been made in the newspaper that April 2, 1991 88 he is trying to obtain benefits for himself; however, he kne% nothing about the matter until Councilmember Camicia made th reports, has taken care of his own medical plans, and will abstain o: the matter. Vice Mayor Arnerich took Mayor Corica's seat in order to chair the matter. Councilmember Camicia agreed that he did not speak to the Mayor about the matter; he would like to spend $5700 [annually] to be sure some retired Councilmembers would not be left without health benefits; it is not for his benefit because it would be 28 years before he would be eligible; he stated City government is run mostly by middle-age white people, perhaps others would get involved if incentives were added. Councilman Arnerich stated President Corica is correct that he did not ask for the benefits; Councilmember Camicia approached him (Arnerich) and stated he would like to do something for the Mayor and he commended Councilmember Camicia. Darlene Banda, 919 Delmar Avenue, stated Council need not be compensated with benefits but with more than $50 per meeting, and opposes the recommendation. John Barni, Sr., 1380 East Shore Drive, stated he is in favor of disposing of health benefits for Council and two elected official. because those positions are part-time jobs, and he is in favor o: eliminating this expense for the City. Dorothy Boynton, 2226 1/2 Buena Vista, stated she believes money should be found first before anyone adds any more burden to the taxpayers; cuts are not necessary, nor are tax or fee increases, and instead of [Council] voting, the matter should go on the ballot. Diane Coler-Dark, 2857 Jackson Street, stated she cannot believe the rationale that no other than white, middle or upper class, has health benefits or do not take part in City government because of the lack of perks. Don Roberts, 880 Portola Avenue, stated he shares Ms. Banda's views, however, two years ago, voters defeated a pay increase for Council, subsequently, Council approved a dental benefit; health insurance cost will drastically increase; minorities ran in the last election, candidates were aware of the salary and benefits; and urged Council not approve the recommendation. Charles Tillman, 1415 Roosevelt Drive, stated Council, and eligible members of their families, may enroll themselves in City health and life insurance plans, to be paid by the City; believes Council is underpaid but does not believe Council is entitled to a perk; when the new Council meets, it should get rid of benefits, and the Counci should be paid what it is worth, much more than it is getting. Councilmember Withrow stated the matter is a report for information only and can be accepted as such. Anril 2, 1991 8 9 Councilmember Camicia stated there must be a way to open the process to people who do not have resources that others have. Councilman Arnerich agreed with Mr. Tillman that perhaps instead of perks, people must be paid appropriately; Councilmembers spend much time attending agency meetings and other activities; and suggested during the next year, the Finance Committee should provide a recommendation regarding Council salary adjustment. Betty Williams, 1821 Sherman, noted she ran in the last election for Council but not for benefits; people running for public office should run because they want to serve the City or have something to offer. Councilmember Thomas stated Council salary is set by Charter and people did not vote for an increase at the election two years ago; some benefits could be set up for the future for Councilmembers who serve eight or more consecutive years, if at the time they leave office, they are age 65; staff should take the lead to obtain compensation for Council which is equal to other cities. Councilmember Camicia stated Councilmember Thomas made some good points; he understands concerns, feels strongly about getting different people involved, and would like matter to remain open; moved acceptance of report, and that, prior to the next Municipal Election, staff provide Council with a structure to accomplish adjustment of salaries and benefits, and possible change of Charter. Councilmember Withrow seconded the motion. Councilman Arnerich commented Mr. were brought before the City [1989] and he [Tillman] would spearhead $400 might be appropriate; [Mr. Arnerich suggested that thought be Tillman once stated, when raises , that Council deserves more money such an attempt and $300, $350 or Tillman agreed] and Councilman incorporated into the motion. Councilmember Camicia agreed to incorporate that into the motion. Councilmember Withrow seconded. Councilmember Thomas stated that bare minimum is being considered for Council, suggested generous benefits, or more appropriate salary without benefits. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Thomas, Withrow, and Vice Mayor Arnerich - 4. Noes: None. Absent: None. Abstentions: President Corica - 1. 91 -219 From Library Director recommending approval of vendor selection for an automated circulation system and requesting authorization to enter into contract negotiations with the vendor(s) of choice. To Councilman Arnerich's question regarding the housing of the Library hardware in the City Hall computer room and the cost of moving the equipment, the Library Director replied the equipment will April 2, 1991 '90 be operated from City Hall until the new Library is built, and th€ cost of moving the equipment will be determined during contraci negotiation. Councilmember Camicia moved approval of the recommendation [to approve vendor selection and enter contract negotiations with DYNIX and, if unsuccessful, with DRA]. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 91-220 Resolution No. 12090. Resolution of Appreciation to the Volunteers for the City of Alameda. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. NEW BUSINESS 91-221 Consideration of three nominations for appointment to the Housing Commission to fill two (2) Commissioner and one (1) Tenant Commissioner vacancies. President Corica commented many applications were received but only three openings exist; and he appreciates all those who applied; he made calls to applicants and was able to reach fourteen of the applicants. Councilmember Withrow stated it is his intent to request Council, on April 16, to set aside the nominations, go through an interview process with the applicants, request a member of Council accompany him; and subsequently Council will vote on the matter. President Corica stated he will make the nominations, and Council may do as it wishes at the next meeting. Councilmember Thomas requested the City Attorney to render an opinion concerning whether or not the Mayor's appointments [nominations] would be binding, and whether Councilmember Withrow would need to go through a process of removal of Commission members. The City Attorney stated the Charter specifies when the Mayor nominates, the Council shall appoint; she believes it is a question of policy that when the actual vote is taken, since the matter is under New Business, it is the policy that it is agendized at the next meeting. Councilmember Thomas inquired which is the binding vote, the one taken upon nomination, or the one taken on the resolution at the following meeting; she would like Council to have a valid opinion as to whether or not the applicants will need to go through removal hearings. President Corica stated at one time there was a movement to take the power away from the Mayor to make nominations; Council wanted to make the nominations; the matter was placed on the ballot and was defeated; he will go forward with the nominations and let the next April 2, 1991 9i Council do as it will. Councilmember Camicia stated he would like to abstain on the matter as he does not like the way the matter is proceeding. Councilmember Thomas stated she believes "we" [Councilmembers] should abstain until there is a legal opinion; she is prepared to vote if the City Attorney can render a legal opinion that the nomination is valid and binding, if ratified by Council, in which case she believes the nominees become appointed to the Board at that time and it is simply a ministerial duty for the Clerk to administer the Oath, and Councilmember Withrow would need to go through the same procedure to take those persons off as taking any other Member off a Board, and she would like an answer to the question. Councilman Arnerich stated he believes Councilmember Thomas's questions are valid. The City Attorney stated the words of the Charter and the past policy of the City should be followed; her understanding is that the matter is agendized under New Business; and the past practice of the City and the Charter state the Mayor nominates under New Business, then a resolution is agendized at the next Council Meeting and Council votes on the agendized item; and that procedure should be followed; Mayor Corica will nominate three people, then at the next Meeting, the new Council can choose to either appoint those people or to not appoint those people; if the new Council does not appoint the people, then new Mayor Withrow has the opportunity to nominate and the Council then, again, has the opportunity to vote on the appointments. Councilmember Thomas inquired if "shall appoint" is mandatory. The City Attorney replied the Council is the appointing body. Councilman Arnerich stated he believes that is mandatory. Councilmember Thomas stated the words "shall appoint" [in reference to the Charter which states that the Mayor is to nominate and Council "shall appoint"], she understands to be mandatory. Councilman Arnerich agreed. Clayton Guyton, 457 Buena Vista Avenue, #302, stated he believes Mayor Corica should have discussed the nominations with the Alameda Tenants Union, Councilmember Thomas further discussed alternate procedures that might be followed e.g., Special Meeting, as well as precedent and other legal considerations. Councilmember Camicia moved to table the matter to the next meeting. Councilmember Withrow seconded the motion. Councilman Arnerich stated the Mayor has made outstanding appointments to Boards and Commissions and has the right to nominate, and he would like to hear who the nominees are. April 2, 1991 92 Councilmember Thomas stated she agreed the Mayor should nominate anc requested the City Attorney determine whether the vote on nominations is binding, and if not, a Special Meeting be called and appointments confirmed. The vote on Councilmember Camicia's motion failed by the following voice vote: Ayes: Councilmembers Camicia and Withrow - 2. Noes: Councilmembers Arnerich, Thomas and President Corica - 3. Absent: None. President Corica nominated Solomon R. Edwards, Jr., resident of Esperanza, who has been a manager for several years, as Tenant Member of the Housing Commission. Councilmember Thomas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas and President Corica - 3. Noes: None. Absent: None. Abstentions: Councilmembers Camicia and Withrow - 2. Councilmember Camicia stated he abstained as he does not want to be in the position of voting for someone that might eventually not be on the Commission. President Corica nominated Louis "Lou" R. Baca as Member of the Housing Commission. Councilmember Thomas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas and President Corica - 3. Noes: None. Absent: None, Abstentions: Councilmembers Camicia and Withrow - 2. President Corica nominated Bonny Lee Moore for Member of the Housing Commission. Councilmember Thomas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas and President Corica - 3. Noes: None. Absent: None. Abstentions: Councilmembers Camicia and Withrow - 2. 91-222 Councilmember Camicia requested staff report on accusations regarding disposal by 20/20 Recycling, and if true, provide procedure for removal of 20/20 kiosks from Alameda. 91-223 Councilmember Camicia requested staff recommendations regarding funding of recent Firefighters raise. 91-224 Councilmember Camicia requested staff recommendations on implementation of recent Social Service Relations Board report [2/19/91 Council Meeting], by July 2, 1991. 91-225 Councilmember Camicia requested, by September 3, 1991, Council Meeting, a comprehensive report on how the City can work with the State and regional agencies to facilitate the construction of the 66th Avenue crossing. 91-226 Councilmember Camicia requested coordination of a regional April 2, 1991 9 meeting to discuss land use and transportation issues including Alameda County, Oakland, San Leandro, East Bay Regional Parks, BART, AC Transit, MTC, Port of Oakland, and possibly others. 91-227 Councilmember Camicia requested Resolution in support of SB82 (Kopp) Property Taxation: Corporate property reappraisal, for April 16, 1991. President Corica noted the next Council will be seated at 8:00 p.m., at the Council Meeting on April 16, 1991; expressed his appreciation for the opportunity to serve the City of Alameda for sixteen years as Councilmember and as Mayor; the City has given him the opportunity to realize the American dream; commended the City Manager for his expertise; noted he is leaving office with double the reserves of when he took office; and extended good wishes to the new Council. ORAL COMMUNICATIONS, NON-AGENDA ITEMS 91-228 Shirley Cummins, 549 Santa Clara Avenue, expressed appreciation for Councilmember Thomas's accomplishments during her term in office, and for Mayor Corica. 91-229 Jeanette Ramsey, 2310 Lincoln Avenue, #301, requested waiver of DUI fee. ADJOURNMENT The meeting was adjourned by President Corica at 10:25 p.m. Respectfully submitted, cf-C' Patricia Calbreath Deputy City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. April 2, 1991