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1991-07-02 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JULY 2, 1991 The meeting convened at 7:55 p.m. (following the meeting of the Housing Authority Board of Commissioners) with President Withrow presiding. The Pledge of Allegiance was led by Councilmember Lucas. Reverend Robert Keller gave the invocation. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTIONS President Withrow announced that prior to the meeting, Council adjourned to Closed Session and took the following action: 91-450 Initiation of Litigation, pursuant to Subsection (c) of Government Code Section 54956.9 of the Brown Act: no action was taken. 91-451 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: gave further instructions to our City negotiators, no action was taken. President Withrow requested the resolution regarding appointment to the Pension Board be taken out of order. 91-452 Resolution No. 12126 "Appointing David O'Neill as a Member of the City Pension Board." Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. The Deputy City Clerk administered the Oath. CONSENT CALENDAR Councilmember Lucas moved approval of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. Minutes Minutes of the Regular Council Meetings of June 4, 1991, and June 18, 1991; and Special Council Meeting of June 11, 1991. Approved. Reports and Recommendations *91-453 From Public Works Director recommending authorization of execution of agreement with Charles Redfield, Consulting Engineer, for Engineering Design Services for the Bay Farm Island Bicycle Bridge Project. Accepted. *91-454 From Public Works Director recommending acceptance of the work by St. Francis Electric for traffic signal construction at July 2, 1991 89 Bridgeway Road and Packet Landing Road, No. P.W. 6-90-9. Accepted. *91-455 From Public Works Director recommending acceptance of the work by Rich Himenez, Concrete Contractor, for the construction of Wheelchair Ramps at various locations, Phase 9, No. P.W. 10-90-15. Accepted. *91-456 From Public Works Director recommending authorization of execution of a Water Management Agreement with American Lake and Canal for South Shore Lagoon Maintenance, 1991-92. Accepted. *91-457 From Community Development Director recommending authorization of execution of Community Development Block Grant, Fiscal Year 1991-92 Grant Agreements and Modifications. Accepted. *91-458 From Finance Director recommending adoption of Specification No. M.S.P. 7-91-1 - Transit Mix Concrete Materials. Accepted. *91-459 From Finance Director recommending adoption of Specification No. M.S.P. 7-91-2 - Gasoline and Diesel Fuel." Accepted. *91-460 From Personnel Director recommending approval of Contracts with Life Insurance Company of North America, a CIGNA Company for Negotiated Life Insurance Benefits." Accepted. Resolutions *91-461 Resolution No. 12127 "Establishing Disadvantaged Business Enterprise Program Goals for Fiscal Year July 1, 1991 through June 30, 1992." Adopted. Bills *91-462 Bills, certified by the City Manager to be correct, were ratified in the amount of $2,958,820.24. AGENDA ITEMS Reports and Recommendations President Withrow requested the East Bay Municipal Utilities District item be taken out of order. 91-463 Resolution No. 12128 "Opposing East Bay Municipal Utility District [EBMUD] Rate increase for persons using less than 250 gallons of water per day." Richard Digre, Manager of Finance, EBMUD, stated he received a copy of the agenda item this evening and requested this matter be deferred to staff so that it might be resolved; information reflected in the report is not correct; the rate increase above the 250 gallons per day consumption is 31% for each category; in May, 1991, the EBMUD Board adopted a new drought rate conservation program which was an inclining block rate; that program, for consumption above 750 gallons per day had a dramatic increase; for families, generally a household of four using 250 gallons per date, the increase is $2.15 July 2, 1991 190 per month; for those on fixed income or elderly, a household of two, the increase is $1.25 per month; in addition a Customer Assistance Program is provided those with difficulty in paying the bill, including picking up one-half of the water bill for those qualified, and the Lifeline Credit for those who use less than 250 gallons per day, the Board most recently adopted a change to less than 125 gallons per day, and a $1.00 per month credit against the bill is given; the rate increase for EBMUD included an across-the-board 15% increase; reviewed needs to be covered by increase, e.g., operating/maintenance cost, reserve recovery, etc.; and requested this matter be referred to the staff so EBMUD can more completely respond to the City's issues and concerns. Councilmember Roth inquired what steps EBMUD took to make cutbacks to which Mr. Digre stated EBMUD's capital program has been reduced by $30,000,000, department requests were reduced by the Board of Directors by over $20,000,000; and added that, of the cost for water service in the San Francisco Bay Area, EBMUD is one of the lowest. Mr. Digre stated the conservation credit was reduced because, in winter months, 75% of customers were eligible, the program cost was $2,500,000 per year, and 125 gallons a day was considered an adequate program. Councilman Arnerich inquired where the figures were in error. The City Manager stated the City received information from EBMUD including the drought rate structure program which was attached to a memo from his office; a copy of that memo was sent to the Acting General Manager, EBMUD, who called regarding the error; and subsequently Council was forwarded information by staff. Councilman Arnerich inquired where, in the resolution, is there an error; Mr. Digre was handed a copy of the resolution, briefly reviewed same, and stated it does not appear to be in error. Councilman Arnerich stated he is not objecting to the high increases that EBMUD corrected for the large users, but he is talking about the average citizen using up to 200 gallons a day; and 125 gallons is not sufficient. Councilman Arnerich commented a retired senior couple reduced usage by about 66% and their rate increased; most business parks have green lawns and that is where EBMUD should start charging. Mr. Digre responded that, for customers using greater than 1200 gallons per day, rates increased up to 300%. Councilman Arnerich stated water is needed not money; and water needs to be conserved. Mr. Digre stated at the present time EBMUD customers are conserving approximately 30% and are doing a very good job. President Withrow requested clarification: under the revised figures received, the increase from 750 to 1200 gallons per day is for a July 2, 1991 191 single family residence, not a business type venture, and it is going from $1.50 to 1.97 which is 31% and inquired where the 300% comes from. Mr. Digre replied the basic rate of 91 cents was in place before the rate increase went in; for those using more than 1200 gallons a day have increased over 300%. Following discussion on the increase of rates, Mr. Digre summarized that the 91 cent rate increased by 15% to $1.05; from 91 cents to $1.30 is a 43% incease; 91 cents to $1.97 is 116% increase and 91 cents to $3.94 is a 333% increase; the purpose is that EBMUD wants people to use water wisely and use less water. To President Withrow's comment that sufficiently increasing rates on those using high amounts could generate the revenue EBMUD is looking for, Mr. Digre replied that, over 60% of customers fall in the first block, while only 4% fall into the last block [the highest increase]. Following discussion on the accuracy of the figures, Councilmember Camicia stated he expected an EBMUD Board Member to be present to address Council; commented he has difficulty sympathizing with the rate increase when EBMUD has just built a very large impressive structure; and believes Council should support the resolution, sending the [EBMUD] Board a message. Councilmember Roth stated, for a couple to stay under the 200 gallon or 150 gallons per day to pay the low rate, is relatively easy; but a young family with, for example, four children, cannot stay under 200 gallons because of the laundry, perhaps diapers, and other uses; there is no provision for them, and they are struggling the hardest. Mr. Digre stated if he is provided information regarding the couple Councilman Arnerich referred to, he will check into the matter. Councilmember Camicia moved the resolution. Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. 91-464 From Chair, Economic Development Commission, regarding changes in Comprehensive Service Plan (CSP) implemented by AC Transit on April 15, 1991. Bonnie Moore, Alameda, stated the No. 63 Bus which once had a layover at Lincoln and Webster, allowed shopping in that area; the new route, because of the distance from the bus stop to the Lucky's market requires a twenty minute walk; the rerouting was done on a grid, the layover area has no room for people to congregate, and the former routing should be returned. Ed Clark, Alameda, stated he is representing Helen Sause, chair of EDC, and offered to answer any questions. Councilmember Roth moved letter [to AC Transit requesting reevaluation of Route 63 service, for Mayor's signature] be sent; Councilmember Lucas seconded the motion which was carried by unanimous voice vote - 5. July 2, 1991 91-465 From Chair, Economic Development Commission, regarding appointment of members to the Port Authority Task Force. Robert Wood, Alameda, Vice-Chairman, EDC, stated the EDC is concerned that the overlapping of goals of the PATF and EDC would lead to significant duplication of effort, and since the EDC's charge is to coordinate policies and programs regarding development initiatives and revitalizations not only throughout the island but including the port and waterfront areas, there was a unanimous motion of the EDC that Council not fill the vacant seats of the PATF nor reactivate the Task Force. Councilmember Camicia inquired what would happen to the remaining members of the PATF, to which Mr. Wood stated there are only two members remaining, and the EDC considered the possibility of forming a standing subcommittee of the EDC that could include the PATF members and others from the community. Councilmember Camicia stated the recommendation makes sense but he is concerned about those remaining on the PATF; if those persons could be transferred to the EDC and focus on port-related issues, that would be appropriate. President Withrow stated he strongly supports that. Councilman Arnerich questioned the EDC suggestion that if the PATF is reactivated, they would work through the EDC instead of having direct access to Council. Councilman Arnerich commented he agrees with Councilmember Camicia, has had several persons express interest in serving on the PATF, has one person in mind for appointment if the PATF is reactivated, believes such persons should be heard; and therefore he has some reservations about disbanding the PATF. Councilmember Roth inquired how the subcommittees will be utilized and how many persons will be on the subcommittees, to which Mr. Wood stated the EDC has not considered the details yet. Councilmember Roth inquired about the possibility of more persons on the EDC, and Mr. Wood stated there was some discussion regarding expansion. Councilmember Lucas stated the EDC proposal makes sense, she would like to encourage the EDC, and moved the recommendation. President Withrow stated, as a compromise, the two PATF Members could be merged into the EDC, expanding the Commission from seven to nine members with the intent that the first two attritions would not be replaced. Councilman Arnerich commented the two PATF members have much of the their terms remaining and perhaps they should be incorporated into the EDC and raise the number of EDC members to nine. July 2, 1991 19J Councilmember Lucas stated she likes that suggestion because there will probably be some additional subcommittees; and noted the ordinance regarding the Commission would need to be changed. Following dfscussion on procedure involved, Councilmember Camicia commented perhaps the ordinance should remain as it is; shift the two people [from PATF to EDC] until there are two vacancies and leave the EDC with seven members. Councilman Arnerich stated he would agree to either way. Councilmember Lucas moved that staff bring back ordinance for nine members of the EDC, and the two additional seats would be Members-at-Large. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. Councilmember Roth stated he would like an ordinance brought back that would eliminate the ordinance and set up a resolution so that making changes by ordinance would not be necessary. The City Manager stated the purpose of creation by ordinance was to give some permanence so that changes back and forth could not be made on a regular basis. President Withrow stated the matter will be discussed at the next Council Meeting. The motion carried by unanimous voice vote - 5. 91-466 From Assistant City Manager on status of the Youth Activities Network. Councilmember Camicia moved acceptance. Councilmember Lucas seconded the motion which carried by unanimous voice vote - 5. Councilman Arnerich commended the Assistant City Manager on a well-written report. 91-467 From Public Works Director regarding status of Transportation Systems Management (TSM) and Congestion Management Program (CMP). Councilmember Lucas moved acceptance of the report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote 5. 91-468 From Community Development Director regarding imposition of Affordable Housing Requirements on purchasers of Marina Village Property. * Written Communication: From Don Parker, Marina Village, Alameda, concerning Marina Village and applicability of Affordable Housing Ordinance to Marina Village. Don Parker, Alameda Real Estate Investments, stated at the time July 2, 1991 94 Marina Village received the exemption, Marina Village believed it was acting not only for itself but all future landowners within Marina Village, who would be subject to the 20% tax increment set aside, a substantial participation to the low and moderate housing fund in Alameda; in addition, Marina Village agreed to pay $200,000 as an additional amount to be used to supply low and moderate income housing; he believed at that time, the spirit of the agreement represented not only Marina Village, but all future owners within Marina Village; therefore requests this exemption apply to all of the future buyers within Marina Village, or, at minimum, that the $200,000 additional contribution that was made, be applied as credit to those fees that would be assessed against future buyers. Charles Tillman, Alameda, stated he is unsure of Mr. Parker's letter to Council; reviewed portions of the letter; stated he does not know when the $200,000 [contribution] occurred; he is not aware of any records which provide the total amount of money which was generated by the the 20% monies, and would like that figure. The City Manager explained the amount that has gone into housing from the tax increment is $1,033,000 for the seven units Council is concerned with; at the time the affordable housing fee issue came to Council, Mr. Parker stated to Council that he believed the Participation Agreement exempted Marina Village from any kind of contribution, but agreed to contribute $200,000 as a final payment to the City which was accepted. President Withrow clarified the $200,000 was a settlement to close off future action, any further liability on the part of Marina Village. Councilmember Lucas stated she was on the Council when the Agreement was approved and when the fund was set up and the units were sold to low- and moderate-income people, and has been pleased with what Marina Village has done; she believes Marina Village always lived up to the Agreement; trying to get a windfall because the land is sold to someone else would not be fair and it is not the way she understood the Agreement when she voted for it. Councilmember Roth stated he believes, in the past, the Council had the intent of exemption and the easiest way to do it is to instruct staff to credit the Goodyear site amount against the $200,000; and he said he would like to move that. Councilmember Camicia seconded the motion. Councilman Arnerich discussed the Owner Participation Agreement, referring to the use of the word "successor," with the City Attorney, who stated the reason this item was agendized was because she did not believe that a technical legal analysis should preclude policy-making by the Council, the term "successor" is rather ambiguous, and the matter was agendized for Council to instruct staff as to what their intent was in terms of "successor;" Section 5.2 is inconsistent with another paragraph of the Agreement, Section 2.6(b) which defines successor differently: and addressed the term "assessment district." The City Attorney noted the direction staff is looking for includes July 2, 1991 what Council wants to do with not only Goodyear, but other sales which are made until the year 2023. Councilman Arnerich inquired how much money would be involved in the two or three remaining parcels, to which the City Manager estimated approximately $50,000. Councilmember Lucas inquired if the City Attorney believed this could affect future sales until the year 2023; and the City Attorney replied it could. Councilmember Lucas stated when she voted for the Agreement in 1984, she understood it to mean all successors until the termination of the Agreement, the year 2023; and she is therefore making a motion to exclude Marina Village and their successors from the application of the Affordable Housing Ordinance. [Motion failed due to lack of a second.] Councilmember Roth stated he would rather see Council credit against the $200,000 because there are other legal ramifications involved, including Council having to go back and change the Ordinance; the intent is that Marina Village be exempt, Council has just heard [from the City Manager] that the City can expect perhaps $50,000, Council is working on $200,000 which should amply cover the credit until it's all built out; and inquired if Mr. Parker is satisfied having the credit against the $200,000. Councilmember Roth inquired if Mr. Parker understands what Council is trying to accomplish. Mr. Parker replied yes, if Council granted "us" the credit of $200,000 against future application of the imposition of the fees, that is certainly acceptable. Councilmember Lucas stated that Councilmember Roth's motion stands. The motion carried by unanimous voice vote - 5. 91-469 Resolution No. 12129 "Establishing guidelines for reimbursement of travel and related expenses in connection with the conduct of City business." Councilmember Camicia moved the resolution. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 91-470 Resolution No. 12130 "Rejecting all bids and authorizing City Staff to perform Construction by Force Account pursuant to Section 3-15 of the City Charter, for alteration to Northside Storm Water Pump Station, No. P.W. 5-91-3." Councilmember Roth moved adoption. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. 91-471 Resolution No. 12131 "Approving submittal of a revised Proposition 85 application and certifying New Alameda Library Project Budget, local matching funding commitment, supplemental funds, and July 2, 1991 the application for funds from the Library Construction and Renovation Bond Act Fund of 1988 (Proposition 85), and approving the recording of the State's interest in the title of record for the proposed site." Theony Condos, Library Board, stated the Application has been amended and the narrative portions have been strengthened; the Board continues to feel the Application is competitive and urged Council approve the resolution to go forward. Councilmember Roth moved adoption. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: Councilmember Lucas - 1. Absent: None. Introduction of Ordinances 91-472 Ordinance No. , N.S. "Approving and authorizing the execution of a lease for real property located at 1435 Webster Street, and rescinding Ordinance No. 2467, N.S." Councilmember Roth inquired if the lease contained options for renewal. The City Manager replied such options are not contained in the lease at this time; the City is looking toward short-term or interim use of this piece of property which has been vacant many years; the City's intent to obtain short term control is to 1) eliminate blight and 2) produce parking. Councilman Arnerich moved approval. Councilmember Roth seconded the motion. Councilman Arnerich inquired if there is money in parking reserve funds now; and the City Manager stated the exact number cannot be given until the 10th of the month but a reading on the fund balance can be given at the next meeting. The motion carried by unanimous voice vote - 5. 91-473 Ordinance No. , N.S. "Amending the Alameda Municipal Code, Title X, Chapter 2, Electrical Code, Articles 3 and 4 (In Part) by substituting the following Sections in their entirety: Section 10-2316, Fees for Permit and Inspection, Section 10-2318, Schedule of Fees, Section 10-235, Special Annual Permit, Section 10-237, Application for Special Owner's Permit, Section 10-239, Special Furnace Dealer's Permit, Section 10-239.1, Special Equipment Installer's Permit, and Section 10-248 by adopting the 1990 National Electrical Code, as amended." Larry Starr, Bureau of Electricity, stated he was present to answer questions. Councilmember Camicia moved introduction of the ordinance. Councilman Arnerich questioned if the ordinance has the approval of July 2, 1991 the Public Utilities Board, and Mr. Starr answered affirmatively. Councilmember Roth inquired why Park Street and Webster Streets are treated differently. Mr. Starr stated some arrangements from the past have been allowed to remain and be modified. Councilmember Roth stated that should be looked at a little more closely. Councilman Arnerich stated perhaps a report can be prepared on why some districts are treated differently from others. The City Manager stated the matter will come back at the next meeting, and an answer can be provided at that time. Councilmember Camicia moved introduction. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5. ORAL COMMUNICATIONS, NON-AGENDA 91-474 John Scott Graham, Alameda, commented on ways to save money for the City: 1) cut back ambulance service by Fire Department during daylight hours and lease that out to subcontractor because during the day many people have friends or a cab to transport them; 2) have on-street parking fees for extended families that perhaps have two cars in a garage and two more on the street; and 3) downsize the canine Corps.; have pit bulls instead of German Police dogs. NEW BUSINESS AND UNFINISHED BUSINESS 91-475 Consideration of nomination for appointment to the Civil Service Board. President Withrow nominated Vicki Lane to the Civil Service Board, noting she is employed by the U.S. Environmental Protection Agency and has been in personnel business for fourteen years. Councilmember Camicia seconded the nomination. Councilman Arnerich questioned the fact that Ms. Lane checked a box on her application that she did not want her background checked. President Withrow withdrew his nomination for later consideration. 91-476 Consideration of nomination for appointment to the Historical Advisory Board. President Withrow nominated Janice Grumman for reappointment. Councilman Arnerich seconded the nomination. 91-477 Consideration of nomination for Senior Tenant appointment to the Housing Commission. President Withrow announced this item will be held over to the next Council Meeting. July 2, 1991 98 91-478 Consideration of nomination for appointment to the Library Board. President Withrow nominated Archie Waterbury for appointment. Councilmember Lucas seconded the nomination. 91-479 Consideration of two nominations for appointment to the Planning Board. President Withrow nominated Peter Templeton for reappointment and Mary J. Brandenberger for appointment. Councilmember Lucas seconded both nominations. 91-480 Consideration of nomination for appointment to the Public Utilities Board. President Withrow nominated William M. McCall for reappointment. Councilman Arnerich seconded the nomination. 91-481 Consideration of two nominations for appointment to the Social Service Human Relations Board. President Withrow nominated Lois Workman and Jim Franz for appointment to the Social Service Human Relations Board. Councilman Arnerich seconded the nominations. 91-482 Consideration of various nominations to the Airport Operatio Committee: Two members of the Council One Pilot Representatives from three Homeowners' Associations One representative from each of the following: Planning Board Chamber of Commerce Harbor Bay Isle Associates Public at-large President Withrow appointed the following: Councilmember Camicia to Chair the Committee, Councilmember Roth, Pamela J. DeSimone, Barbara Tuleja, Gary Thomas, Peter Templeton, Signe Nelson, Robert DeCelle, Rosalie McPherson, William Kane, Stephen Brimhall and Robert Rodd. Councilman Arnerich stated he believes no one should serve on more than one Committee, Board or Commission at a time. President Withrow noted the nominees representation as follows: Pamela DeSimone is President of the Board of Directors, Community of Harbor Bay Isle; Barbara Tuleja has been very active in airport issues for about five years; Gary Thomas is on the Finance Committee and on the Board of Directors of Bayview Estates Homeowners Association; Peter Templeton is from the Planning Board; Signe Nelson is not on a Board; Robert DeCelle represents the older section of Bay Farm Island; Rosalie McPherson represents the condominium area of Bay Farm Island and has been very active in airport issues a number of years; William Kane is a pilot and represents the East End; Stephen Brimhall represents Harbor Bay Isle July 2, 1991 199 and Robert Rodd is from the East End. Councilmember Roth inquired how long the Members' terms will be. President Withrow stated there is no charge for the Committee at this point; and the term is indefinite. Councilman Arnerich stated he still has a problem with Mr. DeCelle; others have been on the island a long time; he has a problem with Stephen Brimhall because of his interests as a developer. President Withrow stated he has no problem with that issue except that putting someone on from Harbor Bay Isle was part of the criteria given to the Mayor; however he would have no problem pulling the name off. Councilmember Camicia stated that part of fighting the battle is bringing in as many diverse groups as possible and a key element is to get Harbor Bay Isle to join with the City in fighting the Port; Brimhall is the number one person at Harbor Bay Isle so it makes sense to have him serve on the Committee. Councilman Arnerich further discussed his concerns about having people serve on more than one committee, noting the Mayor's appointments are all good people, but he would like to see that no one serves on two committees, so would probably not support Mr. Brimhall, Mr. DeCelle or Mr. Thomas. Councilmember Roth stated he believes the Committee is quite diverse. 91-483 Councilmember Roth requested the procedure of nominating Boards/Commissions/Committees be agendized. 91-484 Councilmember Lucas requested an ABAG questionnaire on Regional Growth Management be agendized for the July 16, 1991, Council Meeting. 91-485 Councilmember Roth inquired how staff views the new agenda to which the City Manager replied the agenda is different and time will be required to become accustomed to the agenda; the City Manager and City Clerk's Offices worked to produce the format, and the format should work well. Councilmember Roth suggested headings be incorporated into the titles. 91-486 Councilmember Camicia stated he wants to be sure that in September, as part of the budget consideration process, recommendations be brought concerning consolidation, restructuring, and like issues, discussed at the last budget hearing. 91-487 President Withrow announced the Fourth of July Parade has 176 entries this year, commended the Committee, and encouraged attendance. July 2, 1991 20 0 ADJOURNMENT President Withrow adjourned the meeting at 10:15 p.m. Respectfully submitted, Patricia Calbreath Deputy City Clerk The agenda for this meeting was posted 72 hours in advance. July 2, 1991