1990-09-18 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
SEPTEMBER 18, 1990
The meeting convened at 7:39 p.m. (following the Community Improvement
Commission Meeting) with President Corica presiding. The Pledge of
Allegiance was led by Councilman Arnerich. Reverend Robert Keller gave
the invocation.
ROLL CALL: Present: Councilmembers Arnerich, Camicia, Withrow,
and President Corica - 4.
Absent: Councilmember Thomas - 1.
CONSENT CALENDAR
President Corica announced that (90 -657) report regarding award of
contract for traffic signal construction has been removed from the Consent
Calendar at the request of the City Manager and will be heard at the next
Council Meeting [October 2, 1990]. At the request of Councilmember
Withrow, (90 -675) report transmitting Sales Tax Report, was removed from
the Consent Calendar to the regular agenda.
Councilmember Camicia moved approval of the remainder of the Consent
Calendar. Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
REPORTS AND RECOMMENDATIONS
*90 -656 From Assistant City Manager recommending adoption by motion of
plans and specifications and calling for bids for the remodeling of
facilities at the Alameda Municipal Golf Course, No. P.W. 8- 90 -12.
Accepted.
*90 -657 From Public Works Director recommending award of contract for
traffic signal construction at Bridgeway and Packet Landing Roads, No.
P.W. 6 -90 -9. Held over.
*90 -658 From Public Works Director recommending adoption of plans and
specifications and calling for bids for the Doolittle Landfill Pedestrian
Pathway, No. P.W. 7- 89 -10. Accepted.
*90 -659 From Finance Director transmitting Investment Report for period
ending August 31, 1990. Accepted.
*90 -660 From Recreation and Parks Director recommending adoption of plans
and specifications for Heating and Ventilation System improvements at the
Mastick Senior Center. Accepted.
RESOLUTIONS
*90 -661 Resolution No. 12015. Establishing a Deferred Compensation Plan
for the City of Alameda and executing the Declaration of Trust for the
ICMA Retirement Trust." Adopted.
September 18, 1990
314
INTRODUCTION OF ORDINANCES
*90-662 Ordinance No. , N.S. "Amending Title XVII, Chapter 4, Article
3, of the Alameda Municipal Code to establish a four-way stop sign at the
intersection of San Jose Avenue and Versailles Avenue." Introduced.
*90-663 Ordinance No. N.S. "Amending the Alameda Municipal Code by
amending Title XVII, Chapter 3, Article 6, pertaining to changing the time
of operation of on-street meters to be 9:00 a.m. to 6:00 p.m."
°Introduced.
*90-664 Ordinance No. , N.S. "Adopting the 1988 Edition of the
Uniform Mechanical Code, regulating and controlling the design,
construction, quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, addition to, use or maintenance
of heating, ventilating, cooling, refrigeration systems, incinerators, or
other miscellaneous heat-producing appliances in the City of Alameda;
providing for the issuance of permits and collection of fees therefor;
repealing all other ordinances and parts of the ordinances in conflict
therewith." Introduced.
*90-665 Ordinance No. , N.S. "Adopting the 1988 Edition of the Uniform
Plumbing Code, with amendments, adoptions, and deletions as Primary Code;
providing for the protection of the public health, welfare and safety, b-
requiring a permit and inspection for the installation, maintenanc-
alterations and repair of plumbing and drainage systems and providing I-
the collection of fees therefor; providing for the administration of sa
ordinance; defining certain terms; providing for the qualification c
persons engaged in the business of said installations, alterations,
maintenance and repair thereto; and prescribing penalties for violations
thereof." Introduced.
*90-666 Ordinance No.
Edition, and Uniform Fire
governing conditions hazer
explosion, providing for the
operations, and establishing
officers therefor and defining
FINAL PASSAGE OF ORDINANCE
N.S. "Adopting Uniform Fire Code, 1988
Code Standards prescribing regulations,
dous to life and property from fire or
issuance of permits for hazardous uses or
a Bureau of Fire Prevention and providing
their powers and duties." Introduced.
*90-667 Ordinance No. 2498, N.S. "Amending the Alameda Municipal Code by
adding Chapter 16 to Title III thereof, providing for the City of Alameda
Special Tax Financing Law, including General Provisions and Definitions,
Powers and Procedures to issue Special Tax Bonds for the purpose of
providing financing for Specified Purposes, and certain other Supplemental
Provisions. (Paragon Development) (Community Facilities District No. 2)
(Mello-Roos)." Adopted.
*90-668 Ordinance No. 2499, N.S. "Amending the Alameda Municipal Code b
amending Title IX, Chapter 1, Article 4, Section 9-1411 pertaining t
Certificates required for vaccination of dogs." Adopted.
September 18, 1990
315
*90-669 A List of Claims certified by the City Manager as correct, was
ratified in the amount of $1,727,267.30.
MINUTES
Councilman Arnerich moved approval of the Minutes of the Regular Council
Meeting of September 4, 1990, and Special Council Meeting of September 7,
1990. Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 4.
SPECIAL ORDERS OF THE DAY
90-670 Proclamation declaring the Month of October as "ENDING HUNGER
MONTH," in conjunction with a Gift of Love II Concert, October 20, 1990,
sponsored by the Alameda Association of Realtors' "Cantree Project."
President Corica read the proclamation and presented it to Terra
Rosenberg, who accepted on behalf of the Association, Cantree Project and
the Gift of Love Organization Committee, commented on the needs, the
organization's efforts and goals, and expressed appreciation.
90-671 From City Auditor regarding cash handling procedures at Alameda
Golf Complex, (Report No. 90-3).
Charles Tillman, 2415 Roosevelt Drive, noted the audit was done in July,
suggested the report initially should have been given to the Golf
Commission and subsequently brought to Council with a response by the
Commission, and questioned the amount of revenue stated in the report.
A discussion by Council ensued, regarding the procedure used by the City
Auditor in reporting the matter.
Councilmember Camicia noted the Auditor reported some changes that need to
be made, and commended the Auditor for his efforts.
Councilman Arnerich agreed that the Auditor should be commended for going
out to the Golf Course and observing and reporting problems in procedure;
and noted that those handling the cash procedure are not City employees,
but a professional organization.
President Corica commented when problems in procedure are discovered,
action should be taken, and the Golf Commission can call a special
meeting, if necessary, to address such matters.
The City Auditor stated City staff has responded admirably, some changes
have already been made, and he is satisfied with the progress; and as an
Auditor, he wishes to do his job as auditor, and work within the system,
and his reports may be forwarded wherever necessary.
Councilmember Withrow moved to send the City Auditor's report to the Golf
Commission with a report due back to Council within 30 days.
September 18, 1990
316
President Corica stated he believes it should be back by the next Counc„.
Meeting; the Golf Commission may call for a Special Meeting if necessary.
Councilmember Withrow agreed the report should be due back to Council at
the next Council Meeting [October 2, 1990]. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 4.
90-672 From Chairman, Historical Advisory Board, recommending
commendations for people who have made a special effort in restoring and
preserving historic resources in Alameda.
David Plummer, 1401 High Street, Vice-Chair, Historical Advisory Board,
(HAB), stated the Board is recommending Council commend Mike Fletch of
Fletcher Graphics, for doing the historic beverage sign at Taylor and
Webster, noting Mr. Fletch donated his time, and was not fully compensated
for his materials.
To Councilman Arnerich's question on procedure, Mr. Plummer replied
Council recommends the commendation, the HAB prepares the scroll and at a
subsequent Council Meeting, the scroll is presented to the recipient.
Councilmember Camicia moved the recommendation. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 4.
90-673 From Chairman, Solid Waste Management Recycling Committee,
recommending an award of contract to Pacific Rim Recycling and 2012
Recycle Centers.
* Written Communication from Steven A. Moore, President, Pacific Rim
Recycling, Benicia, regarding Multi-Service Waste Reduction Proposal.
* Written Communication from Ken Bordner, Alameda, recommending award of
contract for recycling to the Oakland Scavenger Company.
President Corica stated numerous communications have been received, some
in favor of Waste Management [Oakland Scavenger] and some in favor of
Pacific Rim.
John Barni, Sr., 1380 East Shore Drive, urged Council to act on the
recommendation of the Committee.
President Corica noted he will abstain from the issue and the Vice-Mayor
will assume the Chair; and stepped down from the dais.
Pat Colburn, Alameda, reviewed the services of the two companies, and
urged Council listen to the Committee.
Acting President Arnerich requested Council extend the three minute limit,
for speakers, to five minutes for the Chairman of the Recycling Committee,
and representatives of Waste Management Inc., NMI] and of Pacific Rim
[PR].
Council, by consensus,
September 18, 1990
agreed.
317
The Chairman of the Recycling Committee gave ten reasons for the choice of
Pacific Rim, including experience, 85% participation rate, charity
contribution, community involvement, and best value.
Adam Davis, WMI, stated WMI is committed to full term of contract, if
70% participation rate is not achieved in one year, WMI will double
education budget; will reduce as much waste stream as anyone, use state-
of-art equipment, pay prevailing wages with excellent benefits, provide
recycling programs in schools and City offices at no charge; and will
guarantee contribution minimum of $28,896 in each of 5 years; the $1.42
rate; and a million dollar performance bond.
Steven Moore, President, Pacific Rim, stated the Committee chose Pacific
Rim unanimously, noted Pacific Rim's recognition by the Contra Costa Board
of Supervisors as best recycling company in the County; addressed Pacific
Rim services including Senior citizens' discounts, application for free
service, educational program, support for community, guarantee of rates.
In answer to Acting President Arnerich's inquiry regarding Pacific Rim's
offer to help persons who cannot afford recycling rates, Mr. Moore replied
Pacific Rim has not brought out anything new at this point, however, some
Waste Management services mentioned by the previous speaker [Adam Davis]
were not in the original proposals.
Ellen Paisal, 1324 Grove Street, gave history of curbside recycling in
Alameda, and urged acceptance of Committee's recommendation.
Helen Dodt, 1723 Chapin Street, stated she favors recycling, believes the
educational program is very important and believes the Committee selected
the best company when it selected Pacific Rim.
Charles Tillman, 2415 Roosevelt Drive, requested amount of donations the
companies would make, for comparison to what Williams Bros. Market is
currently generating for local charities through recycling.
Adam Davis, WMI, replied proceeds from collection at four drop-off centers
in the City would be given to non-profit organizations; if the amount of
material does not match the amount from Pacific Rim, Waste Management will
guarantee a minimum $29,000.
Mr. Moore responded that Pacific Rim guaranteed $28,000. would have drop-
off center locations all over the City and, depending upon the use of
those centers, total contributions could reach $75,000 to $100,000.
Norma Way, 615-F Willow Street, urged Council to vote for Pacific Rim on
the basis that it recycles more kinds of items than Waste Management, and
commits more to the community.
James Belcher, 2022 High Street, stated his concerns about 20/20 service
at Williams Bros. Market; and he would like Council to consider the few
cents that would be saved [by using Waste Management] because he is
retired and on fixed income.
September 18, 1990
318
Walter Furtado, 2136 Santa Clara Avenue, stated he has read that 20/2'
has closed in several areas and requested Council consider Oaklar
Scavenger.
Lee Johnson, Pacific Rim, 20/20 Recycling, Corona, stated Council's
packet contained a letter from Rod Briarcliff, a resident and operator of
Alameda Foods, which is Williams Bros. Market addressing good service
received, and 20/20's support of Meals on Wheels and the Food Bank since
1987 through the site at the Market; he stated a check was made of several
cities and no jobs were lost when curbside contracts were awarded; he
named the cities contacted; noted Pacific Rim does have a union shop in
the Sacramento region, pay the same as in non-union areas, give employees
a choice of union or non-union; and hire local employees.
To Acting President Arnerich's question, Mr. Johnson replied Pacific Rim
services cities in Southern California.
Randy Gusikoski, 236 Avocado #A2, Pacific Rim, addressed concerns on
financial strength of 20/20, stated Agra Industries is thirty years old,
is a $300,000,000 company, has had 20 years in recycling; and as a public
company is auditable through shareholders by DeLoitte Touche, and is
auditable by the Department of Conservation; Pacific Rim would like to
work with the City to make a recycling program that would be flexible and
diversified.
Neil Cutler, 3936 Elston Avenue, Oakland, Program Manager, Pacific Ri:
Recycling, Oakland, stated he serves on the Oakland Recycling Commissior.
the Commercial Recyling and Market Development Committee in Oakland, whit
reflects his commitment to recycling and waste reduction, and named cities
where Pacific Rim has won recycling awards; explained key concepts in
setting up programs including participation of local residents and noted
additional savings to households available.
Phyllis Ceasar, 22 San Jose Court, Walnut Creek, Project Coordinator,
Pacific Rim, stated she became associated with Pacific Rim while working
with them on a recycling project for the benefit of a non-profit
organization; she is on the Board of the Contra Costa Community Recyclers
whose purpose is to promote recycling in Contra Costa County; explained
Pacific Rim's recycling activities involving Boy Scouts, Girl Scouts, 4-H,
and others; and commented on recycling activities in schools, and
backyard composting workshops.
Chuck Mack, Secretary-Treasurer, Teamsters Local 70, Oakland, stated
Teamsters support recycling programs but not at the expense of workers;
believes Pacific Rim's program would impact Teamster members because if
Pacific Rim projections are accurate, there will be much less solid waste
to pick up and a lot less union members needed; Pacific Rim has not
offered jobs; he named some workers who are Alamedans; stated the
Committee did not consider the work force involved and therefore was
irresponsible; and urged rejection of Pacific Rim.
Acting President Arnerich read a statement to Mr. Mack which noted thar
the Committee had met once a month since November, 1989, there has neve-
been a Teamsters representative attend at any time; and stated that since
September 18, 1990
319
the August 7 meeting which was postponed because Teamsters stated there
was not enough time to respond, there have been three meetings and no
representative from the Teamsters attended; he commented that Mr. Mack had
said he was not part of the process yet he did not attend meetings; and
inquired if the statements were correct, to which Mr. Mack responded they
were correct, and added it was a shame the Committee had not extended
invitations to the Teamsters.
Joe Silva, 36611 Montecito Drive, Fremont, President of Teamsters Local
No. 70, Oakland, stated he represents many Alamedans; the apprenticeship
program the union has put into effect enables workers hired for recycling,
to hold other company jobs which pay well and provide good benefits, and
that's why the union supports awarding the bid to Oakland Scavenger.
Peter Pionbo, 3282 Madison, stated as a third generation with the Waste
Management, he has worked with the company for 25 years, and he does not
want to see the younger generation lose their jobs.
David Deeks, 2000 Embarcadero, Suite 300, Manager of Programs
Development, Oakland Scavenger Company, addressed cost clarifications,
reviewed the spreadsheet in the report comparing costs between Pacific
Rim and Oakland Scavenger, including education which was noted to be 5.3
cents instead of 21.4 cents.
Councilmember Withrow requested Mr. Moore respond to the comment on public
education costs.
Mr. Moore responded that Pacific Rim's commitment within the fee
structure is 16.7 enhanced, plus 5.3, and is therefore 21 as originally
proposed.
Jeff Croft, 1324 Fountain, stated he is an Alameda homeowner and
concerned if Waste Management does not recieve the contract, his job
could be in jeopardy; if recyclables are removed from pickup in Alameda,
that could result in less jobs; and he believes Waste Management recycling
would be successful in Alameda.
Al Gotelli, 207 Haight, stated Oakland Scavenger has been doing a good job
in Alameda, they put in a low bid, and should be awarded the recycling
contract.
Jeff Adragna, 3108 Windsor, an employee of Oakland Scavenger, stated
Oakland Scavenger has given Alameda courteous service for many years and
should receive the recycling contract so that established local
employees need not lose their jobs to unfamiliar, unproven outsiders.
Marty Prates, 2915 Windsor Drive, Teamsters Local 70, stated he supports
curbside recycling, the Committee has done a good job but he disagrees
with recommendation; addressed program cost, billing fee, credibility and
loyalty; submitted copy of newspaper article on Pacific Rim; and
requested Council award contract to Oakland Scavenger.
Marty Martinez, 1807 Elm Street, stated he has heard a lot of promises
from Pacific Rim, however Waste Management is an established company and
September 18, 1990
3 ri
should be awarded the contract.
Don Baldwin, 2138 Santa Clara Avenue, presented two newspaper articles to
Council which noted 20/20 had left many areas and asked what would prevent
the company leaving Alameda; believes award should be made to Oakland
Scavenger.
Don Roberts, 880 Portola Avenue, stated Assembly Bill 939 provides a
$10,000 per day fine for any City that does not reduce its use of
landfill by 25% by 1995; he is convinced Pacific Rim is more committed to
education, a key factor for high participation, and therefore offers the
best opportunity to save money in the long run by avoiding the penalty
fee.
Bruce Young, 328 Capetown Drive, Member, Recycling Committee, was not
present for Committee decision but concurs with the selection due to
[Pacific Rim's] extra services, buy-back center, larger range of
acceptable materials including computer paper, and a much more expansive
educational program; the State law mandates 50% reduction of waste stream
by the year 2000 and something comprehensive must be in place; reviewed
costs, noted difference would be 18 cents per month for each homeowner;
and other cities report no loss of jobs.
Acting President Arnerich reviewed the votes of the Committee Members and
the points on the evaluation sheet [in the Report].
Christopher Hanson, Alameda, stated the Teamsters claim 50% of the
garbage will be reduced; Pacific Rim's proposal is the better one for
Alameda; Waste Management had its opportunity to bid; suggested
approving recommendation of Committee and approval of Pacific Rim.
Juana Somayoa, 1523 Mozart, Garbage Without Guilt, stated the goal of
recycling is to reduce waste stream; a greater good is involved in the
loss of the environment as compared to the loss of jobs; regarding 20/20,
State funding was necessary at one time but the State did not continue to
fund and areas had to be closed, and Pacific Rim's bid is much better.
At Acting President Arnerich's request, Ms. Somayoa explained the visual
aid she had brought [using various size garbage cans] and stated the
recycling rates will cost $19.20 per year, but the garbage rates are $102
per year per can, or $48 per year for a 20-gallon can, therefore if people
reduce from 2 cans to one can, $102 can be saved, and reduction from one
can to a 20-gallon can, would save $54.
Elizabeth Roth, Alameda, stated the goal is to reduce solid waste, the
issues are what is best for Alameda, and for preservation of our planet;
requested Council listen to its appointed Committee which has given the
matter extensive study.
Louis Alberti, 4648 Stacy Street, General Manager, Oakland Scavenger,
stated the company came to the City of Alameda in 1988 and offered to help
set up recycling program; three proposals were made for 1-can, 2-can or 3-
can collection; and noted no performance bond had been required.
September 18, 1990
321
Larry Diaz, 70 Hegenberger Road, stated the Teamsters will not lose
anything; but the question is if Alameda jobs are going to be shifted to
another company; 50% of work will be shifted from solid waste to recycling
and from Oakland Scavenger to another company, and will local workers and
residents be abandoned; the question of credibility has not been answered;
and why did 20/20 leave some areas.
Emil Radloff, Alameda, presented pictures of equipment to Council,
compared the Oakland Scavenger and Pacific Rim equipment; questioned
Pacific Rim's equipment; stated Oakland Scavenger mandates attendance at
safety programs every month; and stated the contract should be given to
Waste Management.
Acting President Arnerich stated the public portion of the hearing was
closed.
Acting President Arnerich stated the Committee has done a voluminous
amount of work and a good job, and the decision now must rest with
Council, and noted; unless the vote is 3 to 0, the matter must be carried
over to the next meeting.
Councilmedber Camicia stated he believes Waste Management and Pacific Rim
are excellent companies and each would provide a good program for Alameda;
the Couwittee has done a good job; Council's job is to get the best deal
for the City; he believes there is a people factor; there are people that
have given a lot to Alameda through employment with Waste Management, the
proposals are very close, and he believes there is owed to people who have
put so much into Alameda, the opportunity to do the job; and if the job is
not done, it can be given to someone else; he has a concern there be one
can [collection of recyclables] and he likes the offer of the million
dollar performance bond.
Acting President Arnerich suggested that if more information is needed by
Council, the two principal persons [one from Pacific Rim and one from
Oakland Scavenger] answer Council.
Councilmedber Withrow stated he would like the equipment in the pictures
shown by Emil Radloff addressed by Pacific Rim.
Mr. Moore stated the pictures shown were only in one city where equipment
was chosen by the city for a very low-cost program, but equipment for
Alameda would be the same as Oakland Scavenger's equipment.
Councilmedber Withrow commended the Committee; noted the State mandates a
25% reduction by 1992; Council must evaluate how to achieve the overall
goal; Pacific Rim is service oriented rather than commodity oriented; the
Committee has expended great effort, evaluated carefully, and chose
Pacific Rim believing Pacific Rim can meet the goal of waste reduction;
Waste Management offers 70% participation and has achieved 65% in San
Jose; Pacific Rim is achieving 85% in Walnut Creek and Clayton; Pacific
Rim will pick up a broad range of items, e.g., tires, car batteries, oil;
does not believe there are many individuals in this City who would be
distressed by contributing $2.16 to achieve the kind of goals being
September 18, 1990
322
discussed by the year 1995; the cost to society, if the goals are
attained is of great magnitude; his vote will be to support
Committee, the individuals, and the populist representation from
citizenry of Alameda, to award the contract to Pacific Rim with the caveat
that whatever contract is awarded, that Council apply performance
standards that, if not achieved, would require a meaningful penalty, and
perhaps a curate type of evaluation for the standards, if achieved, e.g.,
a performance award or bonus.
Acting President Arnerich inquired if Mr. Davis, Waste Management, is
aware of any city which has a company handling garbage and another company
handling recycling, and if there is a problem, to which Mr. Davis replied
there are such cities, and he is not aware of any problems.
Acting President Arnerich inquired if Mr. Davis would be willing to
provide a performance bond of a million dollars, to which Mr. Davis
replied he would.
Acting President Arnerich inquired why Pacific Rim has closed down so many
areas where the Company had containers.
Mr. Moore replied in 1987 the State made a commitment to recyclers
providing service in convenience zones, that the State would assure the
companies would at least break even, and have an opportunity to make a
profit; the State could not do that and 20/20 carried the sites for three
years with $20,000,000 invested; new legislation has been passed, whi-
will allow the State to meet its original commitment.
Acting President Arnerich inquired if Pacific Rim is financially capabl-
to carry on a project of the magnitude of Alameda for five years, and Mr.
Moore replied Pacific Rim is prepared to provide performance bonds to meet
the obligation and provide for a substantial penalty if Council wishes.
Acting President Arnerich inquired what would happen if Pacific Rim
should become bankrupt in one or two years.
Mr. Moore stated AGRA Industries is the parent company, is multi-
faceted, multi-international, and has the financial capability to carry
this and many larger projects and are prepared to provide performance
bonds as they do in many communities where they provide services.
Councilmember Withrow moved that Council support the Committee and award
the contract to Pacific Rim 20/20.
Acting President Arnerich stated he has problems with 20/20; it is not a
union shop, Waste Management has been around many years, if the company
is awarded the contract, it must make a more definite commitment to
recycling, fills are reaching capacity, a social commitment must be
made, Waste Management is a reliable company, he has received many phone
calls and letters on this issue; and a citizen stated that the few pennies
difference in rates is important to some people.
Acting President Arnerich stated this is no put-down of 20/20, but he ha
been very comfortable with Waste Management over the years.
September 18, 1990
323
Councilmember Withrow stated he would like to amend his motion to include
that those households that are occupied solely by residents over the age
of 65 and with a fixed income less than $10,000, be granted the right to
apply for, and receive, a waiver, and amended his motion accordingly.
The motion failed for lack of a second.
Councilmember Camicia moved to award the contract to Waste Management,
incorporate all the elements in their proposal, and would like $1.42 fixed
rate for five years; would like Waste Management to add collectibles,
e.g., motor oil, computer paper, incorporation of all the comments and
offers made at the meeting by Mr. Davis, and lastly, he would like to
incorporate the suggestion made by Mr. Withrow, that people over 65, on
fixed income of $10,000 or less, would have fees waived.
Acting President Arnerich seconded the motion provided that the motion
include a performance bond of $1,000,000, and that Waste Management would
make every effort to involve themselves more totally in the commitment of
recycling in the City of Alameda.
Councilmember Camicia agreed to include that in the motion.
The vote on the motion was as follows: Ayes: Councilmember Camicia and
Acting President Arnerich - 2. Noes: Councilmember Withrow - 1. Absent:
Councilmember Thomas - 1. Abstention: Mayor Corica - 1.
90-674 From Public Works Director regarding petition to reinstate the
"Commercial Vehicles Excepted" sign for the left-turn prohibition on Park
Street at Blanding Avenue.
President Corica stated there are a number of businesses concerned about
the no-left-turn sign, and wonders if there is some way to allow the left
turn for commercial vehicles only, during a certain period of time., e.g.,
peak hours, as it once was.
Councilman Arnerich noted since May, 1987, there have been 42 accidents at
the subject corner, including three bicycle accidents, and believes the
people could drive one more block to the stop light to make a turn.
Councilmember Withrow stated he appreciates the concern of the
truckdrivers, however it is a dangerous intersection and drivers would
soon learn the alternate routes.
Councilman Arnerich moved acceptance of the recommendation.
Councilmember Camicia seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Camicia and
Withrow - 3. Noes: President Corica - 1. Absent: Councilmember Thomas
- 1.
90-675 From Finance Director transmitting Sales Tax Report, Quarter
ending June 30, 1990.
Councilmember Withrow noted that the sales tax revenue dropped from the
September 18, 1990
324
prior year by 2.7 percent, which is significant, and which City
management should watch to see that it is not a trend; and move
approval. Councilmember Camicia seconded the motion which was carried b_
unanimous voice vote - 4.
90-676 Resolution No. 12016 "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."
Councilman Arnerich moved adoption. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 4.
90-677 Resolution No. 12017 "Approving participation by the City
Countywide program to construct, rehabilitate and acquire housing for
income senior citizens, disabled persons, and homeless families
children, subject to local City Council approval, and to provide
payment assistance loans to qualified first-time homebuyers."
Richard
Council,
No
program
children
in a
low-
with
down
Knutson, 250 Rishell Drive, Oakland, Alameda County Housing
urged Council's support of Measure C which will appear on the
6th ballot, and is a one hundred fifty million dollar bond
to designated seniors, handicapped, homeless families with
and first-time home buyers.
Charles Tillman, 2415 Roosevelt Drive, stated this program is an
excellent way to increase housing stock in the City of Alameda for those
people who do not otherwise have an opportunity for such housing, an
believes Council should endorse the program.
Helen Dodt, 1723 Chapin Street, urged Council to vote for the assistance
for affordable housing, as this is one of the real needs in the community.
Councilmember Camicia moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice vote-
4.
90-678 Resolution No. 12018 "Authorizing submittal of Grant Application
for Transit Capital Improvement (TCI) Funds for 1) Alameda Gateway
Intermodal Ferry Terminal Facilities, and 2) Alameda Municipal Ferry
Vessel Purchase."
Councilmember Withrow requested the Public Works Director address the
subject of the ferry.
The Public Works Director stated Caltrans has indicated there are more
funds available now than last year, and staff is trying to find some way
to continue the ferry service, and a lease-purchase on a vessel would be
one means of subsidization.
Councilmember Withrow stated that a year ago, there was consensus of
Council that Council not get into ownership of a ferry, and he is opposec
to the City owning something if the private sector can do better.
September 18, 1990
325
The Public Works Director stated staff is trying to keep the door open for
funding assistance that might extend the ferry service.
President Corica stated Council is trying to maintain an opportunity to
buy a ferry, if at some point, Council desires to do so.
Councilmember Camicia noted annual acquisition cost is $488,000, and the
Public Works Director explained that is a lease-purchase, but the decision
to accept the grant would not need to be made for about six months.
* * * * * * * *
Councilman Arnerich moved to extend the meeting past 11:00 p.m.
Councilmember Camicia seconded the motion which was carried by unanimous
voice vote - 4.
* * * * * * * *
The City Manager discussed aspects of financing; stated
is to reduce the cost of the ferry but not to own it as
third party holding companies that might be considered;
would be necessary before staff would come back and ask
itself to the grant, and Measure B funds for the future,
if Council's goal
a City, there are
a viable program
Council to commit
for this program.
President Corica stated Council can put in an application and later, if
for any reason Council does not wish to go forward with a ferry, the grant
can be refused.
The City Manager stated a variety of options can be explored.
To Councilman Arnerich's inquiry regarding Harbor Bay ferry service, the
Public Works Director replied it is expected Harbor Bay Ferry will be in
service by January 1, 1991.
Councilmember Camicia moved the recommendation, and stipulated staff
explore sale-leasebacks and whatever other vehicles might be used to
protect the City.
Councilmember Withrow stated proof must be given of ways to hedge the
risk, and seconded the motion.
The motion was carried by unanimous voice vote - 4.
FINAL PASSAGE OF ORDINANCES
90-679 Ordinance No. 2500, N.S. "Amending the Business License Ordinance
as it relates to Rental Commercial Properties. (Introduced at August 21,
1990, Council Meeting.)u
* Written Communication from John Barni, Jr., Alameda, regarding proposed
Business License Ordinance as it relates to the minimum fee and collection
of costs.
Councilmember Camicia moved adoption. Councilman Arnerich seconded the
September 18, 1990
326
notion which was carried by unanimous voice vote - 4.
90-680 Ordinance No. 2501, N.S. "Amending the Alameda Municipal Code by
adding Title III, Chapter 12, Article 5, by providing for the application
of the existing Utility Users Tax to water."
In reply to Councilman Arnerich's request, Councilmember Withrow
confirmed that Council's direction when introducing the ordinance, was to
require a 90-day stay for implementation of the ordinance giving the staff
that period of time to report to Council and convince the Council the
ordinance is the best way to go to raise funds and that the funds are
needed for the capital projects, namely the City Hall, the Carnegie
Building and the baseball park, and at the end of the 90-day period, if
Council does not want to authorize implementation, the ordinance will not
be implemented.
Following brief discussion on the 90-day period, the need for finding
alternative methods of funding so that taxing of water need not occur,
Councilmember Withrow moved adoption. Councilmember Arnerich seconded the
motion which was carried by unanimous voice vote - 4.
90-681 Ordinance No. 2502, N.S. "Amending the Alameda Municipal Code by
adding Title III, Chapter 12, Article 6, by providing for the application
of the existing Utility Users Tax to Cable Television."
President Corica noted the same situation exists in this matter as the
previous ordinance [Paragraph 90-681].
Councilman Arnerich stated some figures should be submitted to Council
reflecting comparison of revenue from 1%, 2%, 2.5% rates rather than 5.5%
rates.
Councilman Arnerich moved adoption of the ordinance. Councilmember
Camicia seconded the motion which was carried by unanimous voice vote - 4.
90-682 Ordinance No. 2503, N.S. "Amending the Alameda Municipal Code by
adding Title III, Chapter 12, Sections 3-1221, 3-1231, 3-1241, 3-1251, and
3-1261, by increasing the existing Utility Users Tax one-half percent
(1/2%) on Telephone, Electricity, Gas, Water and Cable Television."
Following brief Council discussion regarding the amount of tax considered
and the procedure regarding possible rescission of the tax, Councilmember
Camicia moved adoption of the ordinance. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 4.
90-683 Ordinance No. 2504, N.S. "Amending the Alameda Municipal Code by
amending Title III, Chapter 14, Article 2, Section 3-1421, and Section 3-
1422, pertaining to increasing Transient Occupancy Tax and providing a
penalty clause for non-payment and adding an exemption for military
personnel."
Councilmember Camicia moved adoption of the ordinance. Councilmember
Withrow seconded the motion which was carried by unanimous voice vote - 4.
September 18, 1990
327
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION
90-684 Mayor Corica announced that preceding the regular meeting,
Council adjourned to Closed Session to consider Labor Relations, pursuant
to Subsection (a) of Government Code Section 54957.6 of the Brown Act: No
action was taken but Council gave direction to its representative to
continue with negotiations.
UNFINISHED BUSINESS
90-685 Councilmember Withrow stated he would like the transfer tax
ordinance brought before Council for amendment; noting one elderly woman
in the City who, upon the recent death of her husband, received a letter
from the City requiring transfer tax; he does not believe that is the
intent of the ordinance and requests the matter be brought before
Council.
90-686 Councilmember Withrow stated he would like a status report
regarding negotiations with the School District concerning transfers of
property.
The City Manager noted meetings have been held, negotiations have been
pursued and no resolution has been reached, a Memo of Understanding has
been received which brings together elements of the transaction that could
occur between the City and the School District and that is to be discussed
on Monday [September 24]; and mentioned the possibility that the matter
should be discussed in Closed Session.
President Corica commented he believes negotiations are going well and the
School District is cooperating with the City.
Councilmember Withrow stated he would like a substantive status report
from the City Manager, that addresses the negotiations with the School
District concerning transfers of Mastick Senior Center and Alameda Avenue.
90-687 Councilmember Withrow requested the Mayor respond to a report
Edated May 11, 1990] from Robert Logan, former City Attorney of San Jose
[currently Law Offices of Robert J. Logan, San Jose], regarding an
investigation which commenced in February, 1990, initiated by Council,
concerning Councilmember Thomas and a possible conflict of interest due to
working for the Law Firm of Meyer and Mitchell while retaining her seat on
the City Council, requesting the City of Alameda to take action.
President Corica responded that if Councilmember Thomas is removed from
Council, it will be by a vote of the people and not by him [Corica].
NEW BUSINESS
90-688 Councilman Arnerich noted the City Manager had attended a League
lf California Cities Conference and paid for expenses; and requested
staff agendize reimbursement of expenses.
September 18, 1990
328
The meeting was adjourned by President Corica at 11:55 p.m.
Respectfully submitted,
Patricia Calbreath
Deputy City Clerk
The agenda for this meeting was posted 72 hours in advance.
September 18, 1990