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1990-03-20 MinuitesSPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA MARCH 20, 1990 The special meeting was convened at 7:03 p.m., with President Corica presiding. ROLL CALL Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. 90-192 President Corica adjourned the meeting to a Closed Session to consider: 1082 Pension Improvement Committee pursuant to Subsection (a) of Section 54957.6 of the Brown Act. 90-193 President Corica announced the following: 1082 Pension Improvement Committee pursuant to Subsection (a) of Section 54957.6 of the Brown Act: Council took no action. ADJOURNMENT There being no further business to come before the Council, President Corica adjourned the meeting at 7:20 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for the meeting was posted in accordance with the Brown Act. March 20, 1990 87 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA MARCH 20, 1990 The meeting convened at 7:32 p.m. (following the Community Improvement Commission meeting) with President Corica presiding. Councilmember Thomas led the Pledge of Allegiance. Reverend Mary Rowe gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. MINUTES Councilmember Thomas noted she will abstain on the vote for the March 2, 1990, minutes due to absence from that meeting. Councilmember Camicia, moved approval of the minutes of the Regular Council Meeting of March 6, 1990, and Special Council Meetings of February 27, 1990, March 2, 1990, March 6, 1990, and March 8, 1990. Councilman Arnerich seconded the motion which was carried by the following voice vote: March 2, 1990: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. The remainder of the minutes were carried by unanimous voice vote - 5. 90-194 Mayor Corica recognized the presence of Girl Scouts of America (GSA) Brownie Troop No. 806, and noted the annual sale of cookies for the benefit of the GSA is currently being conducted. Brownie Katie Seagren and Troop Leader Jan Howell addressed Council. SPECIAL ORDERS OF THE DAY 90-195 Proclamation declaring April, 1990, as California Earthquake Preparedness Month. President Corica read the proclamation, noting it has already been forwarded to the State of California. 90-196 Presentation of Mid-Management Exceptional Awards to William E. Mary, Jr., Survey & Construction Inspector Supervisor and Robert Pogue, Assistant Fire Chief. President Corica presented awards to Mr. Mary, a 30-year employee, and Assistant Fire Chief Pogue; and noted their exceptional contributions to the City. Announcement by Mayor of Closed Session action(s), if any. Mayor Corica announced the following action taken at the Special March 20, 1990 Meeting of March 6, 1990, which reconvened following the Regular Meeting at 10:50 p.m., at which time Council adjourned to Closed Session to consider the following: 90-197 Cheifer v. City, pursuant to Subsection (a) of Section 54956.9 of the Brown Act, Trabelsi v. City pursuant to Subsection (a) of Section 54956.9 of the Brown Act, Nailah Taylor v. City, pursuant to Subsection (a) of Section 54956.9 of the Brown Act, and 1082 Pension Improvement Committee, pursuant to Subsection (a) of Section 54957.6 of the Brown Act: Council took no action. CONSENT CALENDAR Councilmember Thomas stated she would vote no on Agenda Item No. 1-G, Bills, (* 90-204). Councilmember Camicia moved approval of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5 with the exception of one abstention by Councilmember Thomas on Agenda Item No. 1-G, Bills, (*90-204). Items so enacted or adopted are indicated by an asterisk. REPORTS AND RECOMMENDATIONS *90-198 From Public Works Director recommending acceptance of work by Monterey Mechanical Company for Bridgeway Pump Station Expansion Project, No. P.W. 1-87-1. Accepted. *90-199 From Finance Director submitting Investment Portfolio for period ending February 28, 1990. Accepted. RESOLUTIONS *90-200 Resolution No. 11941 "Approving Final Map and Bond, authorizing execution of Subdivision Improvement Agreement and accepting dedications for Tract 6198. (Neighborhood "D", Village V, Harbor Bay Isle)" Adopted. FINAL PASSAGE OF ORDINANCES *90-201 Ordinance No. 2479, N.S. "Amending the Alameda Municipal Code by adding Chapter 2 to Title XX thereof pertaining to police and fire fee requirements for new and expanded development and the procedures therefor." Adopted. *90-202 Ordinance No. 2480, N.S. "Amending the Alameda Municipal Code by amending Section 11-133, Section 11-137, Section 11-1311, Section 11-1315, Section 11-1319, and Section 11-1323 of Chapter 1, Title XI, thereof, relating to the automobile parking lots and ancillary facilities for ferry terminals." Adopted. *90-203 Ordinance No. 2481, N.S. "Authorizing Grant of Easement and Assignment of Easements to East Bay Municipal Utility District to contain portions of the Bridgeway Pump Station Sanitary Sewer March 20, 1990 Force Main north of, south of, and under the San Leandro Channel." Adopted. BILLS *90 -204 A List of Claims, certified by the City Manager as correct was ratified in the amount of $2,926,957.43. WRITTEN COMMUNICATIONS 90 -205 From President, Board of Directors, Temple Israel, 3183 Mecartney Road, Alameda, requesting Council state its position regarding the concept of shared parking in connection with the parking lot owned by nonprofit and community organizations adjacent to the Harbor Bay Landing Shopping Center. Mr. Litvack noted the Temple has been at the present location ten years; the Temple, Peter Pan Academy, Harbor Bay Christian Fellowship Church, and Community Center Building, comprise the Harbor Bay Isle Community Center Association; Bedford Properties owns adjacent Harbor Bay Landing Shopping Center, wishes to park in the Association parking lot, and has suggested the City shut down the Temple; Litvack believes the dispute is private, would like to negotiate with Bedford, and would like to know the City's position. Matthew Shippy, 3470 Mt. Diablo Blvd., Lafayette, stated he represents Bedford Properties, agreed the matter had been considered a private dispute, and has recently been informed it is not; Bedford Properties would like the City to memorialize "shared parking" arrangement as Bedford has leased spaces to tenants with the understanding they could use the Association's lot; and Bedford is flexible about discussion. Raymond Casaudoumeco, 821 Avalon, Lafayette, President of the Community Center Association, stated the Association owns the small parking lot at issue and has recorded easement over the other four parking areas of the Landing; the owner of the Landing does not have an easement; Landing tenants have changed through the years, causing greater impact; prior to LaVal's tenancy, there was no objection to signage or occasional access control of the Association lot, efforts and proposals to negotiate to cure the dispute have been rejected; Association cannot waive rights to exclusive use of the Association's property when it is necessary; does not believe sharing their lot 95% of the time and closing their lot 5% of the time constitutes a breach of any shared parking arrangement; and requested Council to support that position and require owners of Landing to stop demands and threats, and negotiate in good faith. Dan Riedy, 200 California, San Francisco, attorney for Community Center Association, stated Mr. Casaudoumeco has given the basic points; noted City staff, a number of times over the past year, March 20, 1990 has requested a Planned Development (PD) amendment be filed to the original 1976 PD, to somehow change the conditions; all of the parking lot improvements have been completed and the Association Board has questioned if that is the correct procedure. In response to President Corica's inquiry regarding negotiations, Mr. Reidy replied that, at least quarterly, the Association has discussed the matter and proposals have been made, e.g., the 95%/5% share, prcposed to the City and to Bedford. President Corica suggested a meeting be scheduled at City Hall with concerned parties, to find a solution to the matter. Gerhard Degemann, 19 Sandpiper Place, inquired if the new Community Building would have free parking; to which the Assistant City Manager stated staff would contact Mr. Degemann with information. Walt Jacobs, 24 Bally Bay, Member, Community Association Board of Directors and Temple Israel, stated the Association believes a small percentage of time for exclusive use of the parking lot is needed; Bedford disagrees; the Association believes that because it owns the property, it has the right; Bedford has problems because Bedford has leased out restaurant and other spaces to those who want to use the parking lot at any time. President Corica suggested a meeting be scheduled at City Hall with the Community Center Association, Bedford Properties, Planning Staff, City Attorney, City Manager, and others, so that the matter can be resolved. Mr. Jacobs stated he supports the idea of the meeting; and commented that the Association pays for the parking lot, and for the maintenance, sets aside reserves for the lot's replacement, insures the parking lot, yet Harbor Bay Landing uses the lot 90% of the time and that is inequitable. Councilman Arnerich stated for many years the Temple was located on Alameda Avenue, and the City and Temple cooperated in scheduling activities, therefore this matter also can be resolved; and agreed with President Corica's suggestion to bring the parties together. Councilmember Camicia stated President Corica's suggestion is a good one and suggested a time limit; that if the matter is not resolved, it will come back before Council in a month. President Corica requested the meeting be within two weeks, so that it may be brought back to Council more quickly. Councilmember Thomas noted the been added; and she does not having at least 5% of time believes that is equitable under Mr. Reidy noted the original March 20, 1990 24-hour operation of Safeway has see a problem of the Association for regularly scheduled events; the circumstances. application had only two or three restaurants, and the parking calculation was based on that. Councilmember Thomas stated whatever resolution is made for Temple Israel should take into consideration the other users and their prospective demand times. President Corica stated the parties can contact him and if they do not, he will contact them. Councilmember Camicia moved acceptance of the communication. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS 90-206 From City Auditor concerning City Budget. (Auditor's Report No. 90-2.) Charles Tillman, 1215 Roosevelt Drive, addressed Council on priorities regarding budget matters, e.g., the need to expedite the Audit in order to proceed with projects; the audit, Program Performance Review and Cost-allocation Report should be handled first before approaching other budget-related issues. President Corica stated the report proposes a 5-year plan for budget-related review, it is well done, however Cities have difficulty planning for a two year budget with limited resources available, it is not known what the City's legal costs will be; he believes a lot of additional burden is being put on the staff for what cannot be foreseen; the item that should be addressed is the Audit and the lateness of it; it should have been the highest priority of the Auditor to present the matter of the late Audit of the budget before Council; and the auditing firm should be put on notice concerning the money owed for the late penalty. At Councilmember Withrow's request the Finance Director addressed the lateness of the Audit, noting the Audit is complete but the Auditor is awaiting a letter regarding no-conflict of interest; and stated there are extenuating circumstances that include requests of staff, Auditor, and Finance Director. In response to Councilman Arnerich's question regarding the late penalty, the City Attorney stated she has reviewed a preliminary analysis from the Finance Director identifying various factors contributing to delay, e.g., Bureau of Electricity's report not available until January, outside counsel has caused delay; percentage of time attributable to audit time and to City staff and others, must be calculated; an analysis is in process and a comprehensive report will be prepared for consideration at the same time as the audit. Councilmember Camicia stated he does not understand how outside counsel has not responded to repeated requests to provide March 20, 1990 information; and he requested staff to examine legal recourse against outside legal counsel. Councilmember Withrow stated the City Auditor has made some very good recommendations and observations regarding the budget, has recommended a 5-year financial forecast to attempt to identify important factors to the City and specifically address revenue flows; and stated that Council should give full support to every issue raised in the report including hiring a budget analyst. Councilmember Withrow requested the staff to review identification of workload statistics, e.g., Police Department statistics as they would relate to the number of citations issued and the dollar values of citations issued, as a tool to track and identify modification of behavior to be achieved. Councilmember Thomas stated, in reference to Councilmember Camicia's comments regarding outside counsel's lack of response, Touche Ross may have been responsible, and the purpose for the outside counsel should be determined; discussed the tardiness of the Bureau of Electricity's audit, commented she believes it is not necessary to wait for certain categories as estimates can be used, agrees with Mr. Tillman that the audit should be first and suggestions reviewed later; is not sure how worthwhile 5-year revenue projections are if planning is done on those revenues and unforeseen events occur, e.g., a major earthquake, that reduces revenues. President Corica stated his approach is for emphasis on expenditures rather than revenue, to determine what the City must expend; believes the audit should be done first before making predictions; there is a penalty clause and the penalty should be pursued. President Corica stated his first concern is that Council should have had the Audit to work with the [Auditor's] report [under discussion] and secondly, he is concerned about a heavier workload for the Finance Director; believes the report is a little premature. Councilmember Camicia moved the [Finance Director's] recommendation(s). Councilmember Withrow seconded the motion. Councilmember Thomas stated she agreed with recommendation No. 1, accepting the report; and No. 2, refer to staff for evaluation; is not comfortable with recommendation No. 3. [to implement the recommendations] and supports Item No. 4 that the report be referred to the Finance Committee for review and comments; believes it appropriate to have the Audit first. President Corica suggested the report simply be accepted. Councilmember Thomas suggested tabling the matter to the next meeting. March 20, 1990 Councilman Arnerich moved acceptance of Items No. 1 [The City Council accept the report.] and No. 4. [That the City Auditor's report be referred to the Finance Committee for their review and comments]. Councilmember Camicia withdrew his motion and seconded Councilman Arnerich's 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. 90-207 From City Manager regarding curbside recycling Request for Proposals. President Corica commented he will abstain as Oakland Scavenger might be the company to do the recycling; to which the City Attorney replied it is not necessary to abstain as, at this point, there is no conflict of interest. Don Roberts, 880 Portola Avenue, stated he is a member of the Solid Waste Management Recycling Committee and suggested several language changes in the Request for Proposal (RFP); and commented the one-container program is easier for the consumer and would promote higher participation in the program. Doug Linney, 617 Baywood Road, Chair of Solid Waste Management Recycling Committee, stated the Committee produced the RFP; had public input, reviewed other Cities' RFPs, and requested Council authorize the issuance of the RFP. President Corica inquired how an estimate of the value of the recyclables collected can be obtained; and stated he wants to be sure the cost and revenues comparisons will be examined. Mr. Linney stated the value of the recycled materials will need to be figured in; the contractor must project revenues received, the proposals will be reviewed carefully. Councilman Arnerich stated the residents participating will be on a voluntary basis but the recycling charge will be mandatory. Mr. Linney stated that is correct because recycling is to the benefit of all Alamedans, the goal is to reduce the solid waste stream. Councilman Arnerich stated there is much concern among citizens who have been recycling for many years, and do not want to be charged if they do not participate in the proposed program. Councilmember Thomas noted Oakland Scavenger is commuted to walk-in service on garbage cans, and if curbside recycling is placed at the curb, there should be savings in labor, to which Mr. Linney responded the recycling pickup would be a separate pickup. March 20, 1990 94 Councilmember Thomas stated if Oakland Scavenger or any other provider who already has an existing contract with the City to do pickup, there should be an analysis of their labor saving costs and what their intent is regarding actual garbage pickup; she believes there will be labor-saving factors, if Oakland Scavenger bids, which should be considered. John Scott Graham, 1728 Tregloan Court, stated the City should charge the bottling companies for the plastic holders for six-pack cans, before they are brought into Alameda. Gerhard Degemann, 19 Sandpiper Place, expressed concern that the required 25% reduction in garbage was stated in connection with both the garbage rate increase and the recycling program. Councilmember Thomas commented the 25% reduction will come through State law, and the recycling is separate from the [garbage] rate increase. Councilmember Camicia stated the issue is a Request for Proposals provided by a Committee appointed by Council to do the work, believes they have done a good job, and moved acceptance of the recommendation. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-208 From City Manager submitting status report concerning the activities of the Gang Task Force. President Corica read names from speaker slips of persons no longer present. Councilmember Camicia stated he believes it is a good report and moved to accept. Councilmember Thomas noted most speakers were young students who needed to leave and suggested the matter be tabled to allow opportunity for the speakers to come back and speak. Councilmember Camicia so moved. Councilman Arnerich expressed pleasure at the recommendations to keep parks open until 9:00 p.m. to permit young people to play basketball; and to encourage the Alameda Unified High School District to open gymnasiums and weight rooms in the evening. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 90-209 From Community Development Director regarding grant for start-up of a West End Farmers' Market and amending the Alameda Main Street Project Grant Agreement for administration of same. Kimberly Byrne, 47 Steuben Bay, Co-owner of McDonald's Restaurant, March 20, 1990 Central Avenue, and Vice-president of West Alameda Business Association (WABA), encouraged Council to help WABA provide a Farmers Market for Alameda. Councilmember Thomas discussed the possible use of Community Development Block Grant (CDBG) funds with the Community Development Director. President Corica clarified the $19,814 start-up is a one-time funding; the Community Development Director agreed and added if additional funds become necessary, commercial revitalization funds would be chosen, and she believes the total estimate given by Pacific Coast Farmers Market is compatible with the start-up costs of the five other market areas looked at, and therefore, is realistic. Councilman Arnerich discussed if Pacific Coast is really a non-profit organization, if financial statements are made and to whom, possible locations, and if there is some way the City may recoup its investment in the market. Mike Billingmeyer, Pacific Coast Market Association, stated the Association is a non-profit organization, makes financial statements, returns any money the market [Association] makes back into the market; the ultimate beneficiary is the West Alameda Business Association; the breakeven point on each stall is $50, the grower is only charged $15, all Farmers Markets in the area are subsidized; and three possible workable locations for the market are Haight, Pacific and Taylor Avenues. He noted Novato merchants' sales revenue increased 39% during July through November while the Farmers Market was present. Councilmember Withrow clarified with Mr. Billingmeyer that if the Association made a profit and did not reinvest it, the non-profit status with the state would be lost, and commented the City is thereby protected. Councilmember Thomas stated the sales tax increase could be quantified by the Finance Director to find out whether or not the funding returns to the City. President Corica inquired how any stalls there would be; Mr. Billingmeyer replied he believes the budget is based on 24 stalls. The Community Development Director noted the Association already has an Alameda customer base established. Discussion followed regarding the customer base, the number of Alamedans attending the Oakland market, and months of operation. Councilmember Withrow stated he believes the project and idea are tremendous and moved that the report's recommendation be accommodated. Councilmember Camicia seconded the motion. March 20, 1990 96 Councilmember Thomas stated she would like public input incorporated at the earliest stage possible to help pick the site, with WABA's participation. The motion was carried by unanimous voice vote - 5. 90-210 From Public Works Director regarding FEMA Appeal and Alameda Gateway Agreement for municipal ferry services, Alameda/Oakland Agreement for joint ferry service, and Carrier Agreement for ferry service. The Public Works Director summarized the recommendations. President Corica noted Alameda is the lead agency, has the highest ferry ridership, is cooperating with the Port and the City of Oakland and the Metropolitan Transportation Commission (MTC) which has been very cooperative; and the City is attempting the best possible service for the commuter. Councilmember Camicia requested the recommendation be changed in order to allow the Mayor to execute the agreements. Councilman Arnerich moved recommendations, with recommendation No. 3 changed to permit the Mayor, instead of the Public Works Director, to execute the agreements. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-211 From Public Works Director recommending authorization of agreement with Alameda Gateway for the lease of a barge for the Ferry Terminal Docking Facility. Councilman Arnerich moved the recommendation. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 90-212 Resolutions No. "Adopting Policy Statement for dental benefits for City Councilmembers and various benefits for City Auditor and City Treasurer." Councilmember Thomas stated she did not feel comfortable voting on something from which Council benefits. Councilman Arnerich stated he believes there is no one else who can vote on the matter, and requested the City Attorney's opinion. The City Attorney stated Councilman Arnerich is correct; there is an express exemption for voting on one's own compensation, presumably to make provisions for the reality of the State legislature voting for their own compensation, etc. Councilmember Camicia moved adoption. March 20, 1990 Councilmember Thomas stated she would abstain. The Personnel Director, at Councilman Arnerich's request, addressed the matter, noting that prior Council had voted on a benefits resolution in 1985. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. 90-213 Resolutions No. 11942 "Approving salary classification for non full-time positions." Adopted. Councilman Arnerich moved adoption; Councilmember Withrow seconded the motion. The motion was carried by unanimous voice vote - 5. NEW BUSINESS 90-214 Councilmember Thomas requested a staff report on the Raiders Contract as it relates to impacts on County services. 90-215 Councilmember Camicia stated he would like to change his vote regarding dental benefits, noted he had been on the prevailing side, and moved to reconsider Agenda Item No. 9 (90-212) [which passed by majority vote]. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Withrow and President Corica - 3. Noes: Councilmembers Arnerich and Thomas - 2. Absent: None. Councilmember Camicia moved to deny Agenda Item No. 9 [Adopting Policy Statement for dental benefits for City Councilmembers and various benefits for City Auditor and City Treasurer.] Councilmember Withrow seconded the motion which failed due to lack of a majority vote. The roll call vote was as follows: Ayes: Councilmembers Camicia and Withrow - 2. Noes: Councilman Arnerich - 1. Absent: None. Abstentions: Councilmember Thomas and President Corica - 2. ORAL COMMUNICATIONS, GENERAL 90-216 Richard Roth, 1417 - 5th Street, inquired about the status of a report on the West End Community Improvement Project Area, to which the Acting City Manager responded it will be addressed at the next CIC meeting. 90-217 Gerhard Degemann, 19 Sandpiper Place, stated that he would like to clarify his remarks under Item No. 4, and commented that a 25% reduction was negotiated with the City's garbage disposal [company]. Mr. Degemann also encouraged more publicity on earthquake preparedness programs. March 20, 1990 President Corica commented on the Emergency Operations Center, explaining the City staff exercises which have been held to prepare for handling of emergency situations; and suggested perhaps staff should publicize the next emergency preparedness exercise, to let the public know what the staff has been doing. ADJOURNMENT President Corica adjourned the meeting at 10:15 p.m. Respectfully submitted, DIANE B. FELSCH City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. March 20, 1990