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
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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