1991-01-15 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
JANUARY 15, 1991
The meeting convened at 7:51 p.m., (following the Community
Improvement Commission Meeting) with President Corica presiding.
Councilmember Withrow led the Pledge of Allegiance. Reverend
Robert Keller gave the invocation.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 5.
Absent: None.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION
Mayor Corica announced that, prior to the regular meeting, Council
adjourned to Closed Session and took the following action:
91 -020 Labor Relations, pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: took no action but
instructed the City's negotiators to continue to meet.
CONSENT CALENDAR
Councilmember Withrow moved approval of the Consent Calendar.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*91 -021 From Public Works Director regarding status of the
Congestion Management Program Joint Powers Agreement. Accepted.
*91 -022 From Chief of Police regarding cigarette sales to minors.
Accepted.
RESOLUTIONS
*91 -023 Resolution No. 12058 "Authorizing Public Works Director to
execute State of California, Department of Boating and Waterways,
Construction and Operation Grant Contract for the Grand Street Boat
Launching Facility Project." Adopted.
*91 -024 Resolution No. 12059 "Confirming appointments to the
Alameda County Waste Management Authority Integrated Waste
Management Plan Task Force." Adopted.
*91 -025 Resolution No. 120600 Resolution of Intention to approve
an Amendment to Contract between the Board of Administration of the
Public Employees' Retirement System and the City Council of the
City of Alameda." Adopted.
January 15, 1991
INTRODUCTION OF ORDINANCES
*91-026 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 17-344.1 of Title XVII thereof to remove
24-minutes parking restriction at 1117 Park Street." Introduced.
FILING
*91-027 Affidavit of City Manager and Chief of Police pursuant to
Section 17-11 of the Charter of the City of Alameda. Approved.
BILLS
*91-028 Bills, certified by the City Manager as true and correct,
were ratified in the amount of $1,377,619.09.
MINUTES
Councilman Arnerich moved acceptance of the Minutes of the Regular
Council Meeting of January 2, 1991. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
Councilmember Camicia moved the Olson resolution be taken out of
order. Councilmember Thomas seconded the motion which was carried
by unanimous voice vote - 5.
91-029 Resolution No. 12061 "Commemorating the courageous actions
of Jennifer Leigh Olson."
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
Mayor Corica read the resolution, presented a framed copy of same
to Mrs. Sharon Duggan, mother of Jennifer Olson; and directed,
with the consensus of Council, that a tree be planted in the east
end of Lincoln Park in Jennifer's memory.
Mayor Corica commented on the impending decision regarding possible
war in the Middle East, stated, if the matter is resolved
peacefully, or if it is not, it is important to be supportive of
the military, and read a letter he had written, representing the
City of Alameda, to the military in the Persian Gulf.
HEARINGS
91-030 Consideration of proposed garbage rates for 1991.
President Corica stated he would be abstaining from this matter [as
he has a relative who works for Oakland Scavenger].
January 15, 1991
10
Vice-Mayor Arnerich took his seat to preside over the hearing.
The public portion of the hearing was opened.
On the call for proponents and opponents, there were none.
The public portion of the hearing was closed.
The Finance Director explained the recommended garbage rates for
1991 basically is a 25% increase, and over 50% of the increase is
attributable to regulatory fees that have been imposed on the
garbage operation.
The City Manager noted that recently the City of Dublin challenged
the County Measure D portion of the rate which is 10% of the 25%
rate increase being recommended; however, although that could
affect the City in the future, collection of the money is required,
and if the Court challenge is successful, the money would be offset
against the total revenue requirements.
Vice Mayor Arnerich commented that, when considering rates last
year, Council made a special point to assist the low income people
and also those over 65; it was not publicized sufficiently; and
he would like City staff and Waste Management, Inc. (WMI) [of
which Oakland Scavenger is a subsidiary], to work together and give
notice to make senior citizens and low-income persons aware of the
twenty gallon can which can provide savings.
Councilmember Withrow stated a press release should go out to
explain the 25% increase in detail.
The City Manager stated a press release could be given out just
prior to implementation of the raise in rates; and staff can work
with Oakland Scavenger to put the announcements on its billing or
as a stuffer in their envelopes.
Councilmember Withrow stated he would like both the press release
and the announcements.
Councilmember Thomas questioned whether the [resolution] allows
more than one 20-gallon can.
Vice Mayor Arnerich suggested the City Manager review that.
Councilmember Camicia moved acceptance of the report and to take
the related resolution out of order. 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. Abstentions: President Corica - 1.
91-031 Resolution No. 12062 "Establishing garbage rates for 1991."
Adopted.
Councilmember Camicia moved adoption. Councilmember Withrow
seconded the motion which was carried by the following voice vote:
January 15, 1991
11
Ayes: Councilmembers Arnerich, Camicia, Thomas and Withrow - 4.
Noes: None. Absent: None. Abstentions: President Corica - 1.
REPORTS AND RECOMMENDATIONS
91-032 From City Manager regarding residential
Contract.
President Corica abstained from voting on this
relative who works for Oakland Scavenger.
Curbside
matter as
Recycling
he has a
The City Manager noted Waste Management would like to make some
changes in the contract; and he suggested the matter be put over
until the next meeting; however, the contract could be approved
with authorization that changes be made and if they are in
substantial compliance with this existing agreement, to go ahead
and proceed.
Vice Mayor Arnerich inquired if the concerns are the "Additional
Concerns" stated in the report to which the City Manager stated
Waste Management concurs with three of the four "Additional
Concerns" but would not like to have the fourth concern, regarding
liquidated damages, in the contract; and further, Waste Management
objects to other items in the agreement: page 6 of the agreement
which addresses assessing fines for not completing the 70% goal,
and, page 7, the termination provision which indicates that the
City would have sole discretion for tenainating the agreement "at
will," with a three month notice, as their position is that this is
a five-year agreement, and the three-month clause reduces the
contract to a three-month agreement.
Vice-Mayor Arnerich stated he is agreeable to delaying to the next
meeting but he would not want to go beyond that time, because he
would like to proceed with this matter.
Louis Alberti, Manager, Oakland Scavenger Company, stated one of
the major concerns is the three-month termination, the company must
make over $600,000 in investments and at Council's whim, the
agreement could be terminated, and it was not a part of the request
for proposal; and was an add-on by the City Attorney.
Vice Mayor Arnerich stated he would like WMI and City staff to
return at the next meeting, so the program can move ahead.
Councilmember Camicia suggested Councilmembers could complete the
discussion on the matter, or express concerns to staff so that
staff can incorporate those items and the matter can be completed
at the next Council Meeting.
Vice Mayor Arnerich stated he would like to proceed immediately.
Charles Tillman, 2415 Roosevelt Drive, Solid Waste Management and
Recycling Committee, stated the Recycling Committee should have an
opportunity to review what will be considered and submit its
recommendation to Council.
January 15, 1991
12
Councilmember Withrow stated he considers Item No. 1 [page 2] of
the attachment to the report, concerning waste oil collection, is
mandatory for the City, and suggested, instead of quart bottles, a
container could be purchased and when the container of oil is
picked up, another container can be left in its place for
recycling, and he would like the Committee to look at that.
Councilmember Thomas suggested a minimum 20-gallon container.
Councilmember Camicia suggested calling the City of Fremont for its
Oil Reclamation Program, which includes use of a container.
Councilmember Thomas stated with respect to the substance of the
Contract: 1) Page 4: concerning reference to discount for
residents, the phrase "frail and sixty-five (65) years of age"
should contain "or" instead of "and." 2) Page 5, in reference to
the budget for recycling education, a) inquired who is going to
administer that [education budget], and b) commented she would like
to avoid any duplication of Solid Waste Authority programs. 3)
Page 5, paragraph J, she has problems with and believes is
unnecessary. 4) Page 7, under Compensation to City, she would like
checks to the City quarterly instead of annually. 5) Page 8,
refers to acts or conditions observed, and inquired who would be
observing and under what criteria and what appeals; and does not
know if Council would want to get into an arbitration situation if
that is included in the contract; 6) Page 10, questioned the need
of reference to the Immigration Reform and Control Act of 1986.
Councilmember Thomas stated she has a problem on page 15 with the
contractor providing certain records to the City on a monthly
basis; if it is accessible, computerized, fine, otherwise on a
quarterly basis, so costs do not go up for documentation.
Councilmember Camicia stated he believes reports on a monthly basis
would be beneficial to see how things are going, at least at the
beginning of the process, so that adjustments can be made to get
people recycling early in the process; perhaps after a year,
reports could be made quarterly.
Councilmember Withrow stated the charge is that WMI will be
marketing and motivating the residents of Alameda to take part in
recycling program; WMI agreed to that; and Page 5, paragraph J,
regarding 70% participation, he believes, is meaningful criteria
and an important element of the contract, and he would like to
convey to the Committee that he is not in favor of having that
taken out as it gives WMI a goal to market recycling.
Vice Mayor Arnerich stated Council can give suggestions which can
be noted, taken back to committee for its review and report back to
Council.
Councilmember Camicia so moved.
Councilmember Thomas added the matter should be brought back for
the next meeting.
January 15, 1991
13
Councilmember Camicia agreed. 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.
President Corica returned to the podium.
91-033 From City Manager on monies to be saved from employee
groups.
President Corica stated the City has obtained an opinion from
outside counsel on what Council can and cannot do [regarding
deferring salaries]; and it appears the City cannot do it [defer
salaries] legally unless an emergency is declared.
The City Attorney commented an emergency to justify delay, must be
a great emergency, e.g., the Great Depression of 1930 and the
bankruptcy of New York City.
Councilman Arnerich commented he brought the matter up for review,
as a responsible Councilperson; the motion was only to see if
salaries could be deferred until such time the City found out what
position it would be in; there was no discussion about rescission,
only to withhold until the City had a good look at its financial
condition, he had asked the legality of deferral be checked out to
determine if there could be a deferral until the City's position in
June, July or August, could be determined; outside counsel was
hired and advised the matter had been authored in good faith; and
being the author, he [Arnerich] has no problem with the outcome.
President Corica entertained a motion that Council accept the
report.
Councilmember Camicia so moved.
Councilmember Thomas stated she wanted to make clear that if there
are any discretionary raises, they are not automatically being
granted.
The City Manager stated the wording of the resolution [Resolution
No. 11999] that the merit portion and the discretion for the
Council is for the City Manager, City Attorney and City Clerk, and
the City Manager has discretion over the department heads.
Councilmember Thomas commented Council has given the raises; it is
for those three [officials] to give them too.
Councilmember Thomas added she did not support a number of the
raises because she thought they were disproportionate, some persons
should have had greater raises, but once raises are given, they are
vested and persons are entitled to them except for the portions
vested with the supervisors to give at his or her discretion.
January 15, 1991
14
Councilmember Withrow seconded Councilmember Camicia's motion.
Charles Tillman, 2415 Roosevelt Drive, stated Council is
replicating what will be discussed next month when the mid-year
review is considered; some adjustments may be necessary in
relation to the budget and the expenditures; the former City
Manager instituted the monitoring system to track the financial
situation mid-year, and he [Tillman) would like to see what
Council's adjustments, if required, will be.
President Corica stated, when that review is made, if Council must
call an emergency, it will; however, until then, Council must rely
on the City Manager to trim [expenses] where possible to take care
of the matter.
The City Manager noted there will be a revenue and expenditure
report; and action was taken last month to decrease expenditures
by $1,000,000.
The motion was carried by unanimous voice vote - 5.
91-034 From City Manager recommending an agreement with the Alameda
Historic Museum for contribution of up to $59,650 for lease
assistance.
The City Manager noted if the City accommodates the Museum in
another way, i.e., place the Museum in a City facility, the City
will not be obligated for money indicated for the last two years.
President Corica noted the agreement indicates, if the Carnegie
Building becomes available, that [move of the Museum into a City
facility] will probably occur; however, the important thing is to
assist the Museum at this time.
Councilmember Camicia moved the recommendation. Councilmember
Thomas seconded the motion which was carried by unanimous voice
vote - 5.
91-035 From City Manager regarding Alameda Food Bank.
John Doherty, 752 Taylor Avenue, stated he has been working on the
project to provide the Food Bank with a building for a long time;
requested the Food Bank be given a 25-year lease and the "at will"
clause be dropped.
James Franz, 907 Lilac
the Board of the Food
and thanked staff and
Street, President, Alameda Food Bank, stated
Bank is in agreement with the revised lease
Council for their efforts.
Councilmember Thomas stated, once
the location, it needs to remain
At Councilman Arnerich's request,
lease and staff's recommendation.
January 15, 1991
the Food Bank is established in
there.
the City Manager explained the
15
President Corica stated the bottom line is that the Food Bank wants
assurance that it will not be removed from the location, and the
Food Bank has that assurance; and if there is, e.g.,
redevelopment, then the City will find another location for the
Food Bank; and that is written into the lease.
Councilmember Withrow moved approval [of staff recommendation].
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
91-036 From Public Works Director concerning status of Attendant
Parking Lots A and C.
Diane Coler-Dark, 2857 Jackson Street, stated she was present only
to answer questions Council might have regarding the Parking Lots.
Councilmember Camicia inquired when the Parking Lots would begin to
make a profit, and requested a status report in six months.
To Councilmember Withrow's inquiry regarding utilization, Ms.
Coler-Dark replied Lot A utilization is very good, on Lot C, which
had been used primarily by employees, there is under-utilization,
and the Parking Oversight Committee may consider rentals in Lot C
for additional revenue.
Councilmember Withrow noted he has heard complaints regarding the
size of the parking spaces.
The Public Works Director stated the spaces are minimal, although
they are not compact in size, and standard size cars can be parked
in the spaces.
To Councilman Arnerich's inquiry regarding delivery trucks, Ms.
Coler-Dark stated regular delivery trucks may pull in to drop off
deliveries, and tickets are signed off as courtesy tickets.
Councilmember Withrow moved acceptance of the report.
Councilmember Camicia seconded the motion.
Councilmember Thomas discussed parking behind the Municipal
Courthouse [Parking Lot A], inquired if the mechanism to allow
people into that lot can be set back so there will be no queue to
interfere with traffic; expressed concern about the prohibition of
motorcycles in the lot; and inquired if the Traffic Advisory
Committee reviewed the matter first. The City Manager stated staff
could review the problems to see if adjustment can be made for
those concerns.
The motion was carried by unanimous voice vote - 5.
RESOLUTIONS
91-037 Resolution No. 12063 "Establishing procedures for
Disability Retirement Determinations of Local Safety Employees of
the Public Employees Retirement System."
January 15, 1991
16
Councilman Arnerich moved adoption. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
91-038 Ordinance No. N.S. "Amending the Alameda Municipal
Code by Adding Section 5-6214 through 15-6219 to Article 2,
Chapter 6 of Title XV thereof, establishing requirements for a
Recycling Program for curbside residential recycling and
prohibiting unauthorized collection of recyclable materials, and
amending Subsection (Y), Article 1, Chapter 5, Title I (Violations
Identified)." Not heard. Held over to February 5, 1991 Council
Meeting. See Paragraph 91-032,
91-039 Ordinance No. T N.S. "Amending the Alameda Municipal
Code by amending Section 17-432 of Title XVII thereof to provide
for the installation of two-way stop signs at six locations in the
East End of Alameda, and repealing Subsection (31) of Section
17-461 of Title XVII thereof." Introduced.
Councilmember Camicia moved introduction. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
91-040 Ordinance No. r N.S. "Amending the Alameda Municipal
Code by amending Section 17-432 of Title XVII thereof to provide
for the installation of a four-way stop sign at the intersection of
Gibbons Drive and Santa Clara Avenue." Introduced.
Councilmember Withrow moved introduction. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
NEW BUSINESS
91-041 Councilmember Camicia requested a report on the next agenda
addressing the transfer of funds back into outside counsel budget
for, if necessary, Port of Oakland Airport issue.
ADJOURNMENT
91-042 President Corica adjourned the meeting at 9:15 p.m., with a
moment of silence in the hope of a settlement of the Persian Gulf
matter, and a quick and safe return of the military personnel.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
January 15, 1991