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1990-01-16 MinutesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JANUARY 16, 1990 The special meeting was convened at 7:04 p.m. with President Corica presiding. ROLL CALL Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. 90-031 President Corica adjourned the meeting to a Closed Session to consider: City v. Thury/Deak pursuant to Subsection (a) of Section 54956.9 of the Brown Act. [President Corica announced during the Regular Meeting of the City Council which convened at 7:30 p.m., regarding the Closed Session, that Council authorized execution of Stipulation for Entry of Judgment.] ADJOURNMENT There being no further business to come before the Council President Corica adjourned the meeting at 7:09 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. January 16, 1990 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JANUARY 16, 1990 The meeting convened at 7 :30 p.m. (following the Community Improvement Commission meeting) with President Corica presiding. The Pledge of Allegiance was led by Vice -Mayor Arnerich. Reverend Dorothy Kimbrell gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. MINUTES Councilman Arnerich moved approval of the minutes of the Special Council Meeting of January 2, 1990, and the Regular Council Meeting of January 2, 1990. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 90 -032 Presentation of Employee Excellence Awards to Helen Moriarty and Larry Valiska. Mayor Corica presented Employee Excellence Awards to Helen Moriarty, Volunteer Coordinator, Personnel Department, and Larry Valiska, Police Technician. Announcement by Mayor of Closed Session action(s), if any. Mayor Corica announced the following action taken at the Special Meeting held at 7:00 p.m., prior to the Regular Meeting: 90 -033 Council adjourned to Closed Session to consider City v. Thury/Deak pursuant to Subsection (a) of Section 54956.9 of the Brown Act; and authorized execution of Stipulation for Entry of Judgment. CONSENT CALENDAR President Corica stated he would abstain [due to family member working for Oakland Scavenger] on Agenda Item No. 1 -E, report on proposed Household Mini- generator Hazardous Waste Program (90 -052); Councilmember Thomas requested removal of Item No. 1 -E (See 90 -052) from the Consent Calendar to the regular agenda, and stated she would abstain on Agenda Item No. 1 -L, Bills (90 -042). Councilman Arnerich requested removal of Agenda Item No. 1 -B, report regarding City Manager's attendance at conference (90 -051), and Agenda item No. 1 -H, resolution awarding contract for design of Doolittle Drive widening (90 -056), to the Regular Agenda. Councilmember Camicia moved approval of the remainder of the Consent Calendar and Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5, with the exception January 16, 1990 of the two abstentions as noted in the previous paragraph. [President Corica on Agenda Item No. 1-E, and Councilmember Thomas on Agenda Item No. 1-L.] Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *90-034 From Executive Director, Community Improvement Commission, regarding Annual Report. Accepted. *90-035 work by Portola Accepted From Public Works Director recommending acceptance of the White Oak Landscape, Inc. for the construction of the Triangle Demonstration Garden, No. P.W. 7-89-11. *90-036 From Finance period ending December *90-037 From Police Network. Accepted. RESOLUTIONS Director 31, 1989. Chief on submitting Investment Report for Accepted. the Law Enforcement Television *90-038 Resolution No. 11919 "Authorizing the filing of applications with the Metropolitan Transportation Commission for allocation of Regional Measure 1 - 3% Monies for Fiscal Year 1989-90." Adopted. *90-039 Resolution No. 11920 "Adopting plans and specifications and calling for bids for the construction of Wheelchair Ramps, Phase 8, No. P.W. 11-89-23, and directing City Clerk to advertise same." Adopted. *90-040 Resolution No. 11921 "Adopting plans and specifications identified as No. M.S.P. 90-01-1, calling for bids for Fire Department apparatus, and directing City Clerk to advertise same." Adopted. INTRODUCTION OF ORDINANCES *90-041 Ordinance No. N.S. "Amending Title XVII, Article 4, Section 17-242 of the Alameda Municipal Code to prohibit left turns on Park Street at Blanding Avenue." Introduced. BILLS *90-042 A List of Claims, certified by the City Manager as correct, was ratified in the sum of $1,479,885.24. [One abstention: Councilmember Thomas] FILING *90-043 Affidavit of City Manager and Chief of Police pursuant Section 17-11 of the Charter of the City of Alameda. Approved. January 16, 1990 to ******** WRITTEN COMMUNICATIONS 89-044 From Edward J. Murphy, Alameda, requesting a legal opinion concerning two portions of the City Charter: Article II, Section 2-10 (performance of staff duties during certain vacancies) and Article XXV, (urban renewal). The City Attorney stated she discussed the matter with Mr. Murphy and gave him an initial opinion. Councilmember Camicia moved acceptance of the communication. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. HEARINGS 90-045 Consideration of Resolution of Necessity finding and determining the public interest and necessity require the proposed project, that the proposed project is planned or located in the manner most compatible with the greatest public good and the least public injury, that the property is necessary for the proposed project, and that an offer of just compensation has been made (2310 Lincoln Avenue). President Corica explained the procedure of the hearing and noted the property owner has agreed to Council's terms. The City Manager reviewed the background of the matter. On the call for proponents, the following persons spoke: Theony Condos, 811 Central Avenue, Member, Library Board, urged Council to support the resolution. Gertrude Woods, 1247 Sherman Street, Member, Library Board, urged Council proceed toward building a new library. Jeanette Ramsey, 2310 Lincoln, expressed concern regarding Linoaks Motel residents receiving adequate notice to relocate. On the call for opponents, the following persons spoke: Janice Grumman, 1218 Sherman Street, Member, Historical Advisory Board, requested Council obtain voter opinion; suggested special election, public survey, or poll. Judy Ann Pollard, 920 Grand Street, objected to expenditure for a new library, but stated she could accept it if a majority vote of the public favored it. Lois Francis, 1012 Grand Street, stated the library does not need a new building, but needs updated books and facilities in a renovated and expanded Carnegie building. Dave Plumnier, 1401 High Street, Member Historical Advisory Board, January 16, 1990 favored a vote or poll by the City; stated a newspaper poll reflected 60% favored the Carnegie Building, 21% Portola Triangle and 12% Linoaks Motel, and objected to expenditure for Linoaks Motel. President Corica closed the public portion of the hearing. Councilman Arnerich commented Council is planning for the 21st century; the Carnegie Building is beautiful but will not be adequate for the future; Council has reviewed this subject very carefully, has looked at cost involved, and believes it is proceeding correctly. President Corica stated he believes citizens are concerned about preservation of the Carnegie Building; the Building will not be torn down; however, it is time for a new library. The City Manager noted an application for a grant will be made to help with costs; and there are many different ways to fund the project. Councilmember Camicia commented he believes Alameda should have a first class library; the Carnegie Building can be well utilized, if there is a delay, the City may lose an opportunity to get Proposition 85 funds; the site is not his first choice but it is time to move on the issue. Councilman Arnerich moved Council consider the Resolution of Necessity. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-046 Resolution No. 11922 "Resolution of Necessity finding and determining the public interest and necessity require the proposed project, that the proposed project is planned or located in the manner most compatible with the greatest public good and the least public injury, that the property is necessary for the proposed project, and that an offer of just compensation has been made (2310 Lincoln Avenue)." Adopted. Councilmember Camicia moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-047 Consideration of proposed 1990 garbage rates. President Corica announced that he will abstain from voting on this issue because a family member works for Oakland Scavenger. The City Manager explained the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. Doug Linney, 617 Baywood Road, Chairman, Solid Waste Recycling Committee, spoke in favor of volume-based garbage rates to January 16, 1990 encourage recycling. On the call for opponents, the following persons spoke. John Scott Graham, 1728 Tregloan Court. John J. Barni, Sr., 1380 East Shore Drive. President Corica closed the public portion of the hearing. Councilmember Camicia moved to take the related ordinance out of order. The motion failed for lack of a second. Councilmember Thomas questioned how many 20-gallon cans are in use. David MacDonald, Oakland Scavenger, responded he doubts there are many 20-gallon cans currently in use; the 20-gallon cans are offered in response to people who recycle and are requesting a smaller can with a lower rate. Councilmember Thomas inquired if there has been any waste stream analysis; stated the 35 cent increase for a second can [under Option 1] is not much of a disincentive; the rates on 30 gallon and 20 gallon cans do not appear to be an incentive for persons who have reduced their garbage, it seems inappropriate to charge a business owner for cleanup of the parks as parks tend to have more residential users; discussed alternate funding with the City Manager and Finance Director. Councilmember Withrow commented if Council is trying to modify behavior, perhaps Council should propose a 20-gallon can, for $4.00; the first 32 gal can for $7.50 and $12.00 for the second can. Councilmember Camicia agreed with boosting the rate of the third can. Councilmember Thomas commented it appears to be a good idea except for a family with four or more people; she would agree to $4.00, $7.50 and $10.00 rates respectively; perhaps a household with many family members could be entitled to a lower rate, as allowed by East Bay Municipal Utility District during the drought, and a certificate of evidence be filed as justification of a lower rate. Councilmember Camicia moved to table the matter and [staff] come back with new figures and recommendation, taking Councilmembers Thomas's and Withrow's suggestions into consideration. The motion failed for lack of a second. Councilman Arnerich inquired if other cities have agreed to the 16 percent increase; to which the Finance Director replied that cities have adopted the 16% increase and some have added another surcharge. In response to Councilmember Withrow's inquiry if the 16 percent increase is binding on Alameda, the City Attorney explained it is not technically binding, however the City must give a reasonable January 16, 1990 r“) re,f, rate of return, based on studies. Councilman Arnerich inquired if the Finance Director has determined whether the rate requested is a reasonable rate of return; and, if a lower rate, e.g., 12% or 14%, could be justified. The Finance Director stated she does not believe lower rates could be justified; what is proposed is reasonable and is at the lower end of the scale in a comparison study of similar businesses. Following discussion regarding reasons for the rate increase, the possibility of introducing the ordinance, and reworking the figures, the City Manager suggested introducing the ordinance with the proviso that the revenue produced is a 16% increase over all and that the staff come back with a resolution as provided for in the ordinance to specify those rates as directed by Council. Councilmember Camicia so moved. The motion failed for lack of a second. Following discussion on when the ordinance would take effect, public hearing notice, and possible ordinance amendments, Councilmember Thomas stated she is content to wait for the next meeting when there should be a public hearing. Councilman Arnerich moved to "table the matter with the proviso, as the City Manager indicated, that we [Council) stay _within the 16%, but rework the figures" to see if those numbers Council wants can be attained. Councilmember Thomas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Thomas and Withrow - 4. Noes: None. Absent: None. Abstentions: President Corica - 1. REPORTS AND RECOMMENDATIONS 90-048 From City Auditor regarding payroll system. President Corica complimented the City Auditor on his report. Councilmember Camicia moved acceptance of the report. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-049 From City Auditor regarding cash handling procedures at Fire Station. Councilmember Thomas inquired if there is profit gained from garbage bag sales. The Fire Chief stated the account was audited, was correct, and the City receives 10%. President Corica stated the purpose of the sale of bags is to encourage use of them, and inquired how many bags are sold per January 16, 1990 week, to which the Fire Chief replied about 100. Councilmember Thomas stated the sale of the bags is a chore given the Fire Department and questions if there is adequate compensation. Councilmember Withrow moved to accept the report. Councilmember Camicia seconded the report which was carried by unanimous voice vote - 5. 90-050 From Personnel Director regarding Bilingual Pay Incentive Draft Policy. President Corica stated there is increased citizenry speaking other languages, and having bilingual employees on staff would be an aid to the Police Department. Councilman Arnerich inquired if credits are given when persons apply for jobs, and if credits are given for bilingual ability towards test scores. The Personnel Director replied it is possible to consider the skill a recruitment advantage; she and the Police Chief have explored options; the biggest advantage would be in recruiting individuals; no points are given at this time, except when a great number of applicants are screened for a particular position, but in entry level testing for the Police Department, everyone is interviewed. Councilmember Thomas commented there are two instances when pay is fair to be given. One is in the area of recruitment and one is in the scope of the duties performed; pay should be given to employees, whether clerical, firefighters, bookkeepers, etc., who are requested in addition to other duties, to be translators, not every pay period, but whenever translation is done. Councilman Arnerich moved the recommendation [that staff be directed to incorporate Council's suggestions and comments on the proposed policy and procedures as a resolution to be adopted at a future date.] Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-051 From City Manager requesting authorization for attendance at the League of California Cities Annual City Manager's Department Meeting on February 7-9, 1990, at Palm Springs, California. Councilman Arnerich stated he had the item pulled from the Consent Calendar, noted the City Manager is coordinating attendance at the conference with a personal trip and therefore has not included airfare; and suggested the City Manager be paid for transportation to the conference. President Corica agreed that the City Manager's airfare to the conference should be paid by the City. Councilman Arnerich moved that, in addition to the $412 which covers conference registration, hotel accommodations and meals, the January 16, 1990 City Manager be reimbursed for mileage to and from Palm Springs. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-052 From Fire Chief regarding status of Alameda County proposed Household Mini-generator Hazardous Waste Program. President Corica commented he would abstain on this matter [due to family member working for Oakland Scavenger]. Councilmember Thomas stated she would like information, perhaps obtained when a business is licensed, concerning mini-generators, and inquired if the Fire Department has a list of mini-generators. The Fire Chief replied his department has such information obtained from the County which is the lead agency compiling the data; it appears the most cost-effective alternative for the City is to go with the County on a program; and several financing possibilities have been reviewed. Councilmember Thomas stated the majority of recyclables come from commercial entities, it is necessary to know which mini-generators and which households are generating, if all mini-generators pay a business license tax, and if so, perhaps tracking can be done through business licenses. Councilmember Camicia moved approval of the report including the requests of Councilmember Thomas. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Thomas, and Withrow - 4. Noes: None. Absent: None. Abstention: President Corica - 1. RESOLUTIONS 90-053 Resolution No. 11923 "Providing informal bidding procedures under the Uniform Public Construction Cost Accounting Act (Section 22000, et seq. of the Public Contract Code) and for the purchase of goods and supplies." Adopted. Councilmember Camicia moved adoption. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. Following adoption of Resolution No. 11923, the Council considered a related ordinance. INTRODUCTION OF ORDINANCE 90-054 Ordinance No. N.S. "Amending the Alameda Municipal Code by adding Chapter 9 to Title II of the Alameda Municipal Code to provide informal bidding procedures under the Uniform Public Construction Cost Accounting Act (Section 22000, et seq. of the Public Contract Code) and to allow similar procedures for purchase of goods/supplies." Introduced. Councilmember Camicia moved introduction. Councilmember Thomas January 16, 1990 seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 90-055 Resolution No. 11924 "Appointing Richard Love, Jonathan Bond and Michael J. Farley, the persons nominated as Trustees of Bay Farm Island Reclamation District No. 2105." Adopted. Councilmember Camicia moved adoption of the resolution. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-056 Resolution No. 11925 "Authorizing the award of a contract to Bissell & Karn, Inc. for the design of Doolittle Drive widening from Island Drive to Harbor Bay Parkway." Adopted. Councilman Arnerich inquired about the construction timeframe, to which the Public Works Director responded the potential starting time is April, 1991, to meet funding requirements for FAU [Federal Aid Urban grant funds], and possibly six months sooner. President Corica noted it is critical to move ahead when FAU is concerned, so that funding will not be lost. Councilmember Withrow moved adoption of the resolution. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 90-057 Ordinance No. , N.S. "Amending the Alameda Municipal Code by amending Section 15-6210 thereof relating to rates for collection of garbage and refuse and prescribing method of collection." Not heard. (See Paragraph number 90-047.) 90-058 Ordinance No. N.S. "Amending Title XIII of the Alameda Municipal Code pertaining to business licenses by deleting the authority to refund fees paid when the business is declared illegal and by amending the sections requiring delivery trucks to pay the fee." Introduced. Councilmember Camicia moved introduction. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 90-059 Ordinance No. 2471, N.S. "Reclassifying and rezoning of a certain property within the City of Alameda by amending Zoning Ordinance No. 1277 New Series; Applicant: Doric Development; R-89-2; the property located at the southwest corner of Maitland Drive and Harbor Bay Parkway." Adopted. Councilmember Camicia moved final passage of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. January 16, 1990 NEW BUSINESS 90-060 Councilmember Camicia requested staff to report back at a future meeting with a range of ideas on ways to recruit police officers, and perhaps other positions, including below-market-rate loans; suggested Finance Committee and Civil Service Board address the issue also. President Corica commented Councilmember Camicia's point is well-taken, noted at one time, the Pension Board had a program for below-market-rate loans. The City Manager noted the Police Chief has begun working on ideas which will be discussed with the Personnel Director and subsequently brought before Council. Councilmember Thomas noted there are two issues, one is recruitment, one is retaining personnel; Alameda is in competition with nearby cities; it is necessary to find ways to compete and priorities of persons applying; and she would like a simple survey of all officers on how they view the 4-10 Plan. ORAL COMMUNICATIONS, GENERAL 90-061 Gerhard Degemann inquired if the Police Department has considered recruitment at colleges and universities. The Police Chief and the Personnel Director indicated that has been done. 90-062 John Barni, Sr., stated he does not believe the fire inspection bills contain adequate detail. ADJOURNMENT 90-063 President Corica adjourned the meeting at 9:45 p.m. in memory of Elsie McCormick, a Member and Recording Secretary of the Mastick Senior Center Advisory Board. Respectfully submitted, / 7 DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. January 16, 1990