1992-01-07 Regular CC Minutes2
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA.
JANUARY 7, 1992
The meeting convened at 7:56 (following the Housing Authority Board of
Commissioners meeting), with President Withrow presiding. The Pledge
of Allegiance was led by Councilmember Roth, and Reverend Doug
Henderson gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth,
and President Withrow - 5.
Absent: None.
ANNOUNCEMENT OF CLOSED SESSION ACTIONS
Mayor Withrow announced that Council adjourned to Closed Session at
6:30 p.m. at Special Council Meeting to consider:
92-002 Labor Relations, pursuant to Subsection (a) of Government Code
Section 54957.6 of the Brown Act: Mayor Withrow stated Council was
advised; no action was taken;
At 7:05 p.m., Council adjourned to Closed Session to consider:
92-003 Sastini v. City of Alameda, pursuant to Subsection (a) of the
legal counsel section of the Brown Act: Mayor Withrow stated Council
was advised; no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY.
92-004 Presentation of Certificate of Service to Edwin Dankworth,
former Member of the Public Utilities Board.
Mr. Dankworth was not present to receive his Certificate.
92-005 Presentation of Certificate of Service to Marilyn Foley, former
Member of the Library Board.
Mayor Withrow expressed appreciation for Ms. Foley's service, and
presented the Certificate to her.
92-006 Presentation of Certificate of Service to Theony Condos, former
Member of the Library Board.
Ms. Condos was not present to receive her Certificate.
CONSENT CALENDAR
Councilmember Camicia moved approval of the Consent Calendar.
Councilmember Roth seconded the motion which was carried by unanimous
voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*92-007 Minutes of the Regular Council Meeting of December 17, 1991,
January 7, 1992
and Special Council Meetings of December 12 and December 17, 1991.
Approved.
*92-008 Report from Public Works Director recommending award of
contract to EMSCO of San Francisco for Construction of Municipal
Parking Lot 'D' (Northwest Corner of Webster Street and Taylor Avenue),
No. P.W. 10-91-11. Accepted.
*92-009 Report from Community Development Director regarding Annual
Review of the Affordable Housing Ordinance. Accepted.
*92-010 Report from Public Works Director recommending approval of the
Memorandum of Understanding for Airport Roadway Project Environmental
Documentation. Accepted.
*92-011 Report from Personnel Department presenting draft on Family
Leave Policy for tentative approval. Accepted.
*92-012 Resolution No. 12183. "Reappointing Carole Finnegan and Joan
Schopf, Member and Alternate Respectively, to the Bay Area Library and
Information System Lay Advisory Board." Adopted.
*92-013 Resolution No. 12184. "Designating the Public Works Director
as the authorized representative of the City of Alameda for the purpose
of signing San Francisco Bay Conservation and Development Commission
(BCDC) Applications." Adopted.
*92-014 Resolution No. 12185. "Ratifying Public Utilities Board
Approval of the Graeagle Hydroelectric Project NCPA Third Phase
Agreement." Adopted.
*92-015 Bills, certified by the City Manager to be true and correct,
were ratified in the amount of $1,862,127.13.
AGENDA ITEMS
92-016 Public Hearing to consider 1992 Garbage Rates; and Resolution
No. 12186. "Establishing Garbage Rates for 1992."
Harry Carsch, Alameda, Willows Homeowners' Association, stated the
Association objects to rates being calculated on a per-unit basis, and
requests reduction of monthly charges.
Anne Greene, Willows Homeowners' Association, stated Safeway is billed
$1500 and the Willows is charged $3000 for less [collection], and the
charge should be per dumpster, not by number of units.
Dave McDonald, Executive Vice-President, Oakland Scavenger, stated in
the proposal before Council tonight is a drastic reduction of return on
equity from 17% to 10%, which has been protested to the Joint Refuse
Rate Review Committee (JRRRC); and stated apartment rate [calculation]
was carried over from Alameda Disposal; however, the proposal staff is
presenting to Council is for apartments to be billed on a container
basis rather than a unit basis, which should result in a reduction.
January 7, 1992
4
The City Manager stated the rate structure includes a reduction fo:-
large apartments and condominiums, which have bins; a bin rate will b(
charged which will amount to about a twenty or thirty percent decrease;
the staff report notes in the recommendation that adjustments will be
made in the apartment house accounts.
Councilmember Roth inquired if a senior citizen in an apartment house
unit can have a mini-can rate, to which Mr. McDonald stated that is a
good question, and should be addressed.
Councilmember Lucas inquired about the charges for the Willows
Condominium complex; Mr. McDonald stated a call can be made to Mr.
Carsch tomorrow [January 8, 1992] to provide him a representative
charge.
The City Manager stated the Willows would be charged on the frequency
of pickup and the number of bins, at a little less than $1600 per month
as compared to the $2700 charge.
President Withrow discussed market risk with Mr. McDonald, noting the
federal discount rate is an indicator of risk-less money, and has
dropped by 50% over the past year, which should be considered in
assessing return on equity; and 10% is a good return on equity.
Mr. McDonald stated other factors also must be considered, e.g., the
drop in interest rates.
President Withrow stated citizens of Alameda should be treated in a
like fashion as the rest of the market, and in a way to be expected
during a recessionary period.
Councilmember Roth addressed efficiencies and costs with Mr. McDonald.
Council further discussed return on equity with Mr. McDonald.
Councilmember Lucas stated the JRRRC has an idea of reasonableness y
comparing Alameda to other communities, and inquired what would be
reasonable.
The Finance Director stated the Committee has recommended the 10%
return on equity, various factors were looked at; also the
recommendation only increases the second-can rate and the commercial
rate; the mini-can and first 32-gallon can are not being increased,
apartment units will enjoy a reduction in rate of 17% to 21%, and all
are encompassed in the resolution.
The City Manager noted the Finance Director is the JRRRC representative
for the City; JRRRC took efficiencies and cutting costs into account,
and have written Oakland Scavenger to cut costs during this time to
accommodate rate savings to City and ratepayers.
In response to Councilmember Roth's inquiry, the City Manager noted, if
the Committee made any change in recommendation due to Oakland
Scavenger's request for reconsideration, the matter would come back
before Council.
January 7, 1992
Gerhard Degemann, Alameda, stated he would like to see, before Council
approves the rate increase, what kind of effort Waste Management, Inc.
(WMI) has made to reduce costs.
Councilman Arnerich stated Oakland Scavenger has made an attempt; the
mini-can and single can remains the same; and discussed Measure D
funds with the City Manager and the Public Works Director.
Councilmember Roth stated that the bottom line is costs will remain the
same; apartment house owners will have a savings; overall, the
citizens are saving.
Councilmember Roth noted if a residential unit works hard to recycle
and reduces solid waste by 30%, it can drop to mini-can rate and cut
garbage bill in half, it is an incentive to recycle and a cost savings;
and overall it [the proposal] looks good.
Councilman Arnerich moved acceptance [of recommendation to continue
same rates for mini-cans and the first 32-gallon can, and increase, by
5%, the commercial accounts and second and succeeding 32-gallon cans.]
Councilmember Roth seconded the motion which carried by unanimous voice
vote - 5.
Councilmember Camicia moved to adopt the resolution. Councilman
Arnerich seconded the motion which carried by unanimous voice vote - 5.
92-017 Public Hearing to consider amending Title XI (Zoning) of the
Alameda Municipal Code relating to water conservation; and
Introduction of Ordinance No. , N.S. "Amending the Alameda
Municipal Code by Amending Sections 11-14C8(d), 11-232(d) and 11-811
Through 11-821 Pertaining to Landscape Requirements Related to Parking
Dimensions and Access, Design Review, and Water Conservation, and
Adding Sections 11-822 Through 11-823 Pertaining to Water Conservation
Landscaping."
Councilmember Lucas moved the recommendation.
Councilmember Roth inquired if Alameda uses more water per person than
other neighboring cities.
Tom Fox, EBMUD, stated he does not know but could find out, is present
to address questions regarding proposed amendment which refines the
ordinance and makes it easier to administer.
Councilmember Roth stated his concern is that a person who has an acre
of land may have a turf area as large as someone's lot that is to be
limited to only 25% landscaped area; Planning Board is on right track,
stating minimum of at least 500 square feet, and 90% of plants need to
be drought resistant; people should be able to choose how they wish to
use their water allocation.
Mr. Fox stated at least 10% exotic plants are allowed; only 90% are
recommended to be drought-tolerant; 25% turf limitation was considered
fair because it is 25% for everyone, and the ordinance pertains only to
January 7, 1992
new development whether, e.g., commercial, public entities.
The Interim Planning Director clarified the ordinance would only apply
when landscaping plan is submitted at time a new building is applied
for.
Councilmember Roth stated major consumers of water in the State are
non - residential and that should be addressed.
Councilmember Lucas stated Council must provide responsible planning
for future; people can still have attractive yards; water resources
must not be wasted.
Councilman Arnerich agreed Council must look toward the future, and
where the majority of water is used; agriculture uses 86% of
California's water; noted business parks have green lawns, watered
every day, and inquired how EBMUD controls that.
Mr. Fox commented on recently passed Assembly Bill 325, requiring
[water - efficient] landscape ordinances; if Council feels specific
elements need adjustment, that is understandable and the method most
cities have used.
President Withrow acknowledged elected representative to EBMUD Board of
Directors Nancy Nadell's presence at the meeting.
Councilmember Lucas moved the recommendation [to adopt the propose,
ordinance]. Councilman Arnerich seconded the motion which carried by
the following voice vote: Ayes: Councilmembers Arnerich, Camicia,
Lucas and President Withrow - 4. Noes: Councilmember Roth - 1.
Absent: None.
92 -018 Memorandum from Councilmember Camicia transmitting Questionnaire
on Water Conservation.
Councilmember Camicia explained matter, stating he sits on EBMUD's
Water Supply Management Program Community Advisory Committee, a group
assembled to evaluate and discuss plans for future water supply
management; introduced Mr. Arnold Brown, a Committee Member;
expressed concern regarding having an area where people are attempting
to conserve while people in other areas are using thousands of gallons
per day to water lawns.
Arnold Brown, Member of EBMUD's Committee, commended EBMUD for not
resorting to short -term solutions; efforts to conserve, by everyone,
are needed; 42% of interior water usage in this area involves usage in
toilet system; and the Committee believes significant savings of water
would result from installation of low -flush toilets, and would like
Council's views on replacement of current toilet system; and
introduced Terry Powell and Jackie Millet, EBMUD staff members.
Councilmember Roth stated [the Committee] is on the right track; ,.
low -flush toilet can be purchased inexpensively and the cost savings
would pay for it over the next ten years; P.G.& E. helped insulate
houses during the energy crisis, and that example could be followed.
January 7, 1992
President Withrow inquired if seawater usage in sewer systems is being
addressed.
Mr. Brown replied a part of the conservation management program
involves reclamation program as well, and that will be discussed in a
different segment of the Committee's work.
Jackie Millet stated that has not been looked at and is not considered
part of this program because better alternative programs exist at this
point; reclamation programs and reusing water are being looked at;
and outside irrigation with reclaimed water, but not putting dual
systems in homes.
President Withrow noted a number of countries are using seawater for
sewers, and new developments would be susceptible to putting in a dual
system; a 42% savings taken across the board for new developments
would be substantial [water] savings in the State.
Councilman Arnerich, in answer to questions presented about whether
persons would be willing to replace and/or install certain
water-conserving facilities or devices at certain prices, stated the
answer is no; a great savings would result if water were not sent to
Southern California.
Councilmember Roth stated he believes people will respond if EBMUD
could offer to install a low-flush toilet, stating the cost to customer
is $50, and is returned by a cost savings over a period of time; and
perhaps the [Plumbing] Code could be changed to require a 1.5 gallon
flush when a new toilet is put in.
President Withrow inquired what response is being received when the
program is presented to neighboring cities.
Councilmember Camicia replied discussion in San Leandro was similar to
tonight's discussion, and concern was expressed that any plan must fit
in with a State-wide water plan; an incentive must be offered, and
that would be a reduced bill.
Councilman Arnerich expressed concern that persons with a great deal of
money should not be allowed to use a great deal of water on their
property but should conserve also.
Gerhard Degemann, Alameda, stated water must be conserved, his family
conserves on landscaping, showers, and toilets, and demonstrates
water-savers at his store.
Councilmember Camicia moved to accept report. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
President Withrow thanked representatives from EBMUD, Mr. Brow.,
Councilmember Camicia, and representatives from the Alameda County
Conference of Mayors that are working in conjunction with EBMUD to
provide solutions.
* * * * *
January 7, 1992
President Withrow stated requests have been made by audience to ta
items regarding Youth Committee and ferry issue out of order.
* * * * *
92-019 Report from City Manager recommending creation of a Youth
Committee.
William Garvine, President, Alameda Unified School District Board of
Education, stated he is representing the School District and the Board
to endorse proposal for Youth Committee, and thank Council for effort
made to include young people in the design; District and Board are
both confident meaningful dialogue and programs will result, and look
forward to working with Council; thanked Councilmember Roth for his
service with task force developed late last year looking at financial
options for School District programs, activities and facilities.
Councilmember Lucas stated the Committee will be useful and inquired if
School Board will help staff Committee or support some of its costs.
Mr. Garvine stated discussions have been held on how the Committee
might be staffed, and anticipate working with Council and finding a
viable option, some kind of shared responsibility.
Councilmember Roth stated he appreciates, when reading report, letters
by staff regarding duplication with Youth Activities Network.
President Withrow proposed the Youth Committee be composed of You
Activities Network, which would cut out duplication, provide existing
group already focused on youth activities; then a subcommittee could
be composed of young adults from high schools and middle schools.
Councilmember Roth agreed and suggested the School District help with
selection of young people for subcommittee to provide ethnic, cultural,
economic mix for representative input; and he would so move that.
Councilman Arnerich agreed, and moved acceptance of youth activities
[Committee], and that questions raised by Library and Recreation
Directors be considered.
President Withrow requested the motion to include that the Youth
Committee be composed of Youth Activities Network Members.
Councilman Arnerich agreed. Councilmember Camicia seconded the motion
which was carried by unanimous voice vote - 5.
92-020 Report from Public Works Director recommending approval of
Contract Extension for Alameda/Oakland Ferry Service with Blue & Gold
Fleet.
Rob Rhodes, Alameda, stated he has ridden on the ferry system sinc
first day after earthquake; Blue & Gold has done outstanding joh
riders feel positive toward Blue & Gold, and he favors extension.
Jean Elerick, Alameda, stated she has ridden ferry since earthquake,
enjoyed Red & White Fleet but Blue & Gold has given exceptional
January 7, 1992
service, and she would like to see their service extended another year.
Roger Murphy, Blue & Gold Fleet, San Francisco, stated Blue & Gold's
position was stated in letter he sent Council the day before the
meeting and he is present to answer questions.
President Withrow stated Council must obtain the best service at the
best price; if Requests for Proposals go out and Blue & Gold returns
with bid which provides best service, Blue & Gold will get the
contract; the marketplace may give a better financial break, given the
fact the City will provide the ferry boat, as the City is to receive a
ferry boat purchased and paid for by the State; he proposes the
contract not be extended but opened up for bids to the marketplace;
and Alameda and the ferry riders may get a better deal.
Councilmember Roth stated he agrees except contracts should run longer
than one year, bids are based on all factors, and if funds are spent in
promotion to build [the service] up, more time is required to recover
costs.
President Withrow stated if Blue & Gold determines they have an
investment, they will be very competitive to acquire the contract.
Councilmember Roth stated perhaps Council should renew the Contract and
plan at this time next year for two-year contract and competitive
bidding, and inquired when the City will receive the ferry boat.
President Withrow replied in 18 months.
Councilmember Roth stated perhaps the Contract should be renewed for 18
months and then the City go out for competitive bids.
Councilmember Lucas inquired if bidding is legally required, to which
the Assistant City Attorney stated contracts over a certain [dollar]
amount are required, however, when the Contract, went out to bid, there
was a provision allowing the City to renew it.
Councilmember Lucas stated she agrees with the Mayor that Council owes
the citizens to obtain the best deal possible, and the presumption is
that bidding provides that, and it does not make sense to her to go any
other way.
Karen Weiser, Alameda, stated she is a ferry rider and she is concerned
that a continuing service be maintained.
President Withrow assured the speaker there is time to go out to bid,
and Council has made a firm commitment to maintain service.
Ms. Weiser suggested a more frequent schedule.
President Withrow stated that is a good point; marketing statistics
argue in that direction, the new ferry boat will be faster; and the
stated goal for Alameda Countywide Transportation Plan is to have ferry
landings in Alameda every twenty minutes.
January 7, 1992
10
Councilmember Lucas stated she supports President Withrow's remarks
assured Ms. Weiser that Council wants increased and improved fer-_,
service.
Councilman Arnerich stated going out to bid at this time does not make
sense to him because he does not necessarily believe the lowest bid is
always the best bid; he rode Red & White and there is no comparison to
what Blue & Gold has been providing; the service has been excellent;
they have increased the patronage 17% and are 97% on time schedule;
and he will support [the extension].
Councilmember Lucas moved the matter be put out for bid. Councilmember
Camicia seconded the motion which carried by the following voice vote:
Ayes: Councilmembers Camicia, Lucas and President Withrow - 3. Noes:
Councilmembers Arnerich and Roth - 2. Absent: None.
92-021 Report from City Manager on costs for staffing Boards,
Commissions and Committees.
The City Manager explained the background of the matter: time and
costs expended by staff have been reviewed and total cost is
approximately $800,000; time spent helping Committees is productive
however some of that time could be spent on other activities; and
suggested possible changes, e.g., reducing the number of meetings
combining some Committees.
President Withrow discussed the life-spans and roles of seven*
Committees, e.g., Solid Waste Management Recycling Committee; and
inquired if the City Manager has a management control system to invoke
a budget process on Committees to permit a certain amount in staff time
for a year, and when limit is reached, they are required to report back
to Council to request a budget modification. The City Manager
responded affirmatively.
President Withrow stated that should be done; Council needs to look at
each Committee, approve allocations, and if exceeded, Committee returns
to Council.
Councilman Arnerich reviewed and analyzed the staff hours and cost of
staff time as reflected in the report, questioning the City Manager
regarding same, and noting that he does not believe the figures reflect
a true picture and are inflated.
Councilmember Roth stated he is pleased with the report because he
believes the goal was to provide awareness that much time is spent to
support Committees; Committees should be aware that when requests are
made, time and effort by staff is taken to provide information, and
staff time is taken away from handling counter and routine work;
suggested possibly eliminating or merging Rent Review Advisory
Committee under another Committee, e.g., Social Service Human Relation,
Board (SSHRB) or Housing Commission; also Civil Service Board coup
hold meetings on an as-needed basis.
Note: Use of term "Committees" during Council discussion, refers to
Boards/Commissions/Committees.
January 7, 1992
11
President Withrow stated the Pension Board meets for about ten minutes
and he would like that to be handled by staff as a routine staff
operating matter.
The Assistant City Attorney stated the structure is set up by
ordinance; but the ordinance could be revised.
Councilmember Camicia stated perhaps Cable Television Oversight
Committee could be placed under Public Utilities Board, Board of
Appeals under Planning Board, Traffic Systems Management and Traffic
Advisory Committee could be combined, and SSHRB could be combined with
Mayor's Committee for the Handicapped.
Councilmember Roth stated perhaps staff could come back with Council's
different options on this matter. Councilmembers Camicia and Arnerich
agreed.
President Withrow proposed staff provide a budget process and requests
for staff time be justified on goals and objectives; that Council
review budgets; Committees could receive report from the City Manager
indicating their progress throughout the year, and if they exceed their
allocation, they could adjust or come back to Council and request
modification.
Councilman Arnerich discussed with City Manager how figures in staff
report were determined; further discussed the report analysis, and
stated the figures are not reasonable and out of line.
Councilmember Camicia moved that time be measured and budgeted; staff
report back with recommendation concerning combining or eliminating
certain Boards/Commissions/Committees.
Councilmember Lucas stated she would like the figures reviewed.
President Withrow stated he would like added
Boards/Commissions/Committees submit budget
Camicia agreed.
Councilmember Roth seconded the motion which
voice vote - 5.
into the motion that the
requests. Councilmember
was carried by unanimous
92-022 Report from Interim Planning Director regarding consultant
selection for preparation of an area-wide Strategy Plan.
Councilmember Camicia moved the recommendation [to authorize
negotiation with Roma Design Group]. Councilmember Lucas seconded the
motion.
Councilmember Roth stated he is pleased progress is being made with
redevelopment; however, he wants to be E,ure consultants know they may
have an open mind and policy when recommendations are made and not
believe they must conform to the General Plan.
The City Manager stated consultants come back with something different
from what is in the General Plan, and if so, a change in the General
January 7, 1992
12
Plan would be required, but there is no limitation on consultant'
recommendations.
Councilmember Roth clarified he wants to make clear that consultants
have a free range of ideas.
The motion was carried by unanimous voice vote - 5.
92-023 Report from Finance Director transmitting Comprehensive Annual
Financial Report, Fiscal Year ending June 30, 1991 (Audit Report).
Councilmember Camicia moved recommendation [acceptance of the report].
Councilman Arnerich seconded the motion which was carried by unanimous
voice vote - 5.
92-024 Resolution No. 12187 "Allocating Proposition 116 Ferry Funds
for City of Alameda Ferry Projects; Accepting Responsibility for
Operating and Maintaining Ferry Vessel; Accepting Legal Liability and
Agreeing to Fund Overages from Non-State Funds."
Herb Shelmadine, Alameda, stated he agreed with Council action
regarding Agreement for ferry services [see paragraph 92-020] as he
believes in going out to bid.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice vote
- 5.
ORAL COMMUNICATIONS, NON-AGENDA
92-025 John Scott Graham, Alameda, stated heavy enrollment in English
as a Second Language classes at local colleges effects the availability
of other classes, e.g. biology, chemistry, etc.; suggested U.S.
Immigration and Naturalization Service be required to provide funding
to schools to prevent future class cutbacks.
92-026 Herb Shelmadine, Alameda, complimented the City Council, City
staff, and Police Department for doing a fine job last year; expressed
dissatisfaction with individuals working against the Mayor and City.
* * * *
Councilmember Camicia moved Council extend the meeting past 11:00 p.m.
Councilmember Roth seconded the motion which was carried by unanimous
voice vote - 5.
NEW BUSINESS AND UNFINISHED BUSINESS
92-027 President Withrow announced the U.S.
homeported in Alameda.
92-028 Councilman Arnerich commented on
Television's recent announcement concerning
and the concurrent rate increase.
92-029 Councilman Arnerich requested that
January 7, 1992
S. Carl Vinson will he
United Artists' Cable
improved programming
the Council Meeting be
adjourned in memory of Joan Fairfield.
92-030 Councilman Arnerich requested Recreation Commission consider
naming lower Washington Park Tennis Courts in memory of Joan Fairfield.
92-031 Councilmember Camicia stated he attended a Fernside Homeowners,
meeting and would like the following matters addressed: 1) stop signs
at the intersections of Lincoln and Gibbons, and Cornell and Bayo
Vista; and 2) Federal funding to study connecting 66th Avenue
intersection with Harbor Bay Isle. Councilmember Camicia noted there
were three other items, e.g., licensing of a day care center, which he
will privately look into.
ADJOURNMENT
92-032 President Withrow adjourned the meeting at 11:05 p.m. in memory
of Joan Fairfield.
ectfully sub itt
DIE B. FEL CH,
City Clerk
The agenda for this meeting was posted 72 hours in advance.
January 7, 1992