1990-10-02 Minutes329
SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
OCTOBER 2, 1990
The special meeting was convened at 6:10 p.m., with President
Corica presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow,
and President Corica - 5.
Absent: None.
90-689 President Corica adjourned the meeting to a Closed Session
to consider:
1. Colvin/Seavers v. City of Alameda pursuant to Subsection
(a) of the legal counsel section of the Brown Act.
2. Initiation of Litigation pursuant to Subsection (c) of
Government Code Section 54956.9 of the Brown Act.
3. Labor Relations pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act.
4. Exposure of Litigation pursuant to Subsection (b) of
Government Code Section 54956.9 of the Brown Act.
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 more than 24 hours in
advance.
October 2, 1990
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA,
OCTOBER 2, 1990
The meeting convened at 7:35 p.m. (following the Housing Authority
Board of Commissioners Meeting) with President Corica presiding.
The pledge of Allegiance was led by Councilmember Withrow.
Reverend Doug Henderson gave the invocation.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION
President Corica announced that, prior to the regular meeting,
Council adjourned to Closed Session and took the following action:
90 -690 Colvin /Seavers v. City of Alameda pursuant to Subsection
(a) of the legal counsel section of the Brown Act: discussed status
of the case.
90 -691 Initiation of Litigation pursuant to Subsection (c) of
Government Code Section 5495.9 of the Brown Act: took no action.
90 -692 Labor Relations pursuant to Subsection (a) of Government
Code Section 54957.6 of the Brown Act: gave instructions to
negotiator.
90 -693 Exposure of Litigation pursuant to Subsection (b) of
Government Code Section 54956.9 of the Brown Act: authorized
discussion with the School Board.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow, and President Corica - 5.
Absent: None.
CONSENT CALENDAR
President Corica announced that, at the request of Gordon Deubler,
(90 -715) report regarding traffic signal construction at Bridgeway
and Packet Landing Roads, would be removed from the Consent
Calendar to the regular agenda. At the request of Councilmember
Thomas, (90 -717) ordinance to change time of operation of on- street
meters was removed from the Consent Calendar to the regular agenda.
Councilmember Thomas registered a no vote on ( *90 -696) Bills.
Councilmember Withrow moved approval of the remainder of the
Consent Calendar. Councilmember Camicia seconded the motion which
was carried by unanimous voice vote - 5.
October 2, 1990
REPORTS AND RECOMMENDATIONS
*90 -694 From Finance Director regarding Request for Proposal for an
automated circulation and acquisition system for Alameda Free
Library. Accepted.
FINAL PASSAGE OF ORDINANCE
*90 -695 Ordinance No. 2505, 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." Adopted.
BILLS
*90 -696 A List of Claims certified by the City Manager as correct,
was ratified in the amount of $910,701.40.
MINUTES
Councilman Arnerich moved approval of the Regular Council Meeting
of September 18, 1990. Councilmember Thomas stated she would
abstain due to absence from the meeting. Councilmember Withrow
seconded the motion which was carried by the following voice vote:
Ayes: Councilmembers Arnerich, Camicia, Withrow and President
Corica - 4. Noes: None. Abstentions: Councilmember Thomas - 1.
Absent: None.
SPECIAL ORDERS OF THE DAY
90 -697 Proclamation declaring the week of October 7, 1990 as Public
Power Week in the City of Alameda.
President Corica read the proclamation and presented same to
William Lewis, General Manager of the Bureau of Electricity.
90 -698 Proclamation declaring the week of October 15, 1990, as
Safety Town Week in Alameda. [Joint proclamation of the Board of
Education and City Council)
President Corica read the proclamation and presented same to Deanna
Johe, Bayview Women's Club, who explained the background,
activities, and need for a permanent site, for Safety Town.
October 2, 1990
332
WRITTEN COMMUNICATIONS
90 -699 From Edward J. Murphy, Alameda, expressing concerns with
respect to Title XI, Zoning, Chapter 4, Article 4, Section 11 -443,
in relation to the City Charter, regarding multiple dwelling units.
Edward J. Murphy, 2618 Janis Circle, questioned if there is a
legal destroyed building exception to Measure A, and requested the
City Attorney make her views public on that question; if destroyed
buildings cannot be rebuilt, the value of existing multi - family
properties will plummet; insurance companies cannot insure and
lending institutions do not lend, when property cannot legally be
replaced; this issue is a General Plan, Housing Element and
downzoning issue.
John Scott Graham, 1728 Tregloan Court, stated he supports Mr.
Murphy in this issue, and he would like to see the matter placed on
the agenda.
Councilmember Withrow moved acceptance of the communication.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
90 -700 From Mary Rose and Dolores Taylor, Chez Daniel Restaurant,
Alameda, regarding problems created by Twilight Zone customers, in
the immediate area of the restaurant.
Ray Jordan, Twilight Zone, 2317 Central Avenue, stated the Twilight
Zone is an all -age club and provides a private place where young
people can come; after -hours permits people to leave in small
groups; no alcohol is served; believes many alcohol and drug
parties have not occurred because the club is open.
Klarise K. Davis, 966 Kains, Albany, stated she and about 100
others who come to Alameda every Sunday evening to dance, are very
concerned about their children and grandchildren and urged Council
to consider the club as a wholesome place, without alcohol or
drugs, for their children to gather and have a good time.
Laura Citerley, 213 Central Avenue, stated Mr. Jordan is to be
commended for his role in formulating a club for teenagers in order
to keep them off the street and have a place to unwind; it is good
to have a facility for activities for the teens.
Diane Yvonne Smitherin, 1321 Webster, Apt. D207, stated she has
worked with the Jordans since the inception of Sunday adult dances.
The Twilight Zone is the only non - alcoholic ballroom in this area,
the Jordans have spent much money and effort to create an
atmosphere young people enjoy, and without which they might be on
October 2, 1990
3
the streets looking for some other diversion; discontinuing the
dances would be a great disservice to Alameda.
Richard Alcala,
coming to Alameda
one of the safest
with many young
club.
1007 ® 76th Avenue, Oakland, stated he has been
since the days of Neptune Beach, believes this is
ballrooms he has ever attended, and he has talked
people who have expressed appreciation for the
The Police Chief stated the Department will continue to investigate
the Twilight Zone for any violations of the dance permit, etc.;
and work with the City Attorney to determine that it is a public
dance and falls under the provisions of the Alameda Municipal Code,
in which case Mr. Jordan will be notified so that he may bring his
establishment into compliance with the Code.
Councilmember Withrow stated, given the objectives set forth, to
provide entertainment without alcohol and drugs to teenagers and
give them a place to go and keep off the streets, it is difficult
to argue against such goals, and inquired if the Police Department
has officers that could work with the club and maintain a constant
level of dialogue so that perhaps the club can be successful.
The Police Chief stated the Department is available for that type
of dialogue but a Friday and Saturday night dance operation becomes
an enforcement and monitoring operation to be sure there are not
violations of the law; Mr. Jordan's objectives, and the fact that
he calls the Police is commendable, however there are problems and
it is difficult to determine at what point there must be a
determination to continue, or not continue, an operation.
Councilmember Camicia noted there is not much for teenagers to do
on weekends and it is important with all the problems there have
been; it makes sense to try to find a way to make the club work;
there are things noted in the report that cannot be tolerated,
however if possible, the Department, Mr. Jordan and the young
people should get together to work out something; he would like to
see the Club survive.
Councilman Arnerich stated he does not believe there is any
intention of closing the place down, agrees that people who have
left a building cannot be controlled, however there are two bad
incidents listed on the Chief's report, and Council must look at
the situation, go along with the Chief's recommendation for
monitoring and also the suggestions of Councilmembers Withrow and
Camicia.
President Corica stated basically, Council is agreeing with the
recommendation to not close down the establishment, but to watch
it; it is good to have a place for young people to go and enjoy
themselves but it is prudent to have the Police keep things under
October 2, 1990
334
control; if he had a restaurant having problems with the club's
clientele, he would complain, too; therefore, monitoring should be
done, and having someone visible would be effective.
Councilmember Camicia moved staff's recommendation with a
stipulation that a report be provided to Council, off agenda,
detailing recommendations to be developed at a joint meeting
between the Police Department, Mr. Jordan, and perhaps a few young
addults to see if there can be some immediate improvement.
Councilmember Thomas stated she has heard comments from Webster
Street merchants that the Foot Patrol has had significant impact
and requested consideration of a Park Street Foot Patrol, the
possibility of having a police officer at the Twilight Zone in lieu
of a security guard and having the Zone pay for that service as the
Housing Authority does, and the assignment of a police officer to
the Twilight Zone on Friday and Saturday nights; if the officers
could become friends or acquainted with some of the people, it
might help.
President Corica agreed that there should be a foot patrol on Park
Street.
Councilmember Withrow seconded Councilmember Camicia's motion to
accept the correspondence. The motion was carried by unanimous
voice vote - 5.
90 -701 Mindy Hart, Shaw & Lunt, Alameda, recommending a
modification to Alameda's sign ordinance [Section 11- 14B13(m)(5))
regarding real estate signs.
Mindy Hart, 1024 Pearl, President, Alameda Association of Realtors,
requested modification of the existing sign ordinance; Planning
Department has recently started enforcing a rule which prohibits
signs on medians, sidewalks, etc., which inhibits ability in
marketing homes; offered an equitable solution which includes
placement of a minimal number of signs.
President Corica stated Staff's recommendation is to refer the
matter to the Planning Board.
Councilmember Camicia moved the recommendation (to refer the matter
to the Planning Board). Councilmember Thomas seconded the motion
which was carried by unanimous voice vote - 5.
HEARINGS
90 -702 Consideration of an ordinance adopting the 1988 Edition of
the Uniform Mechanical Code.
October 2, 1990
President Corica explained the procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, there were none.
On the call for opponents, there were none„
President Corica closed the public portion of the hearing.
Councilmember Camicia moved the related ordinance be taken out of
order. Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 5.
90 -703 Ordinance No. 2506, 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.
Adopted.
Councilmember Camicia moved adoption of the ordinance.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
90 -704 Consideration of an ordinance adopting the 1988 Edition of
the Uniform Plumbing Code.
President Corica explained the procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, there were none.
On the call for opponents, there were none.
President Corica closed the public portion of the hearing.
Councilmember Camicia moved the related ordinance be taken out of
order. Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 5.
90 -705 Ordinance No. 2507, 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,
October 2, 1990
33u
welfare and safety, by requiring a permit and inspection for the
installation, maintenance, alterations and repair of plumbing and
drainage systems and providing for the collection of fees therefor;
providing for the administration of said ordinance; defining
certain terms; providing for the qualification of persons engaged
in the business of said installations, alterations, maintenance and
repair thereto; and prescribing penalties for violations thereof."
Adopted.
Councilmember Camicia moved adoption of the Ordinance.
Councilmember Withrow seconded the motion, which was carried by
unanimous voice vote - 5.
90 -706 Consideration of an ordinance adopting the 1988 Edition of
the Uniform Fire Code.
President Corica explained the procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, there were none.
On the call for opponents, there were none.
President Corica closed the public portion of the hearing.
Councilmember Thomas inquired if the Fire Code is consistent with
all the currently existing legislation, including hazardous
materials, to which the Fire Chief responded the Code is consistent
with legislation and, with the County and State mandated Fire Code,
which has adopted the identical 1988 Uniform Fire Code Edition and
in effect, the State has mandated use of the Code since January 1,
1990, and the City has been using it as a point of practice, and
the hazardous materials section has been expanded by a factor of
ten, and is the Code the County is using.
Councilmember Camicia moved the related ordinance be taken out of
order. Councilmember Withrow seconded the motion which was carried
by unanimous voice vote - 5.
90 -707 Ordinance No. 2508, N.S. "Adopting Uniform Fire Code, 1988
Edition, and Uniform Fire Code Standards prescribing regulations,
governing conditions hazardous to life and property from fire or
explosion, providing for the issuance of permits for hazardous uses
or operations, and establishing a Bureau of Fire Prevention and
providing officers therefor and defining their powers and duties."
Adopted.
October 2, 1990
33'7
Councilmember Camicia moved adoption of the Ordinance.
Councilmember Withrow seconded the motion, which carried by
unanimous voice vote - 5.
APPEALS
90 -708 Consideration of Appeal of Planning Board
Variance V- 90 -15, to allow the construction of a
at Tillman Park. Location: Aughinbaugh Way at
Appellant: Recreation and Parks Department, City
decision to deny
chain link fence
Kofman Parkway.
of Alameda.
The Recreation and Parks Director explained the advantages of using
a chain link fence at Tillman Park; a chain link fence is less
expensive, more durable, requires minimal maintenance and repair,
and is flexible and therefore safer for children ; noted any
groups participated in the planning process and favored a chain
link fence.
The Public Works Director explained the background of the matter.
Councilmember Withrow inquired, in the input provided by the
neighborhood associations and groups, what concern was expressed
regarding aesthetics; to which the Recreation and Parks Director
stated he does not believe the neighborhood took a position on the
matter.
The City Manager noted the Recreation and Parks Director had
several meetings with neighborhood associations to discuss the
Project including the fence and plantings, therefore the
associations had seen it and chose not to come to the Planning
Board meeting; only one person spoke in opposition and that person
was not from Bay Farm Island.
Councilman Arnerich stated the Planning Board noted there are other
alternatives to chain link but has not provided any alternatives;
he can think of no other ball field in the State that has anything
but chain link fence; and noted the advantage of black vinyl on
the fence.
Richard Roth, 1417 -5th Street, stated he is the one person who
spoke against the chain link fence at the Planning Board, not
because he is against the fence but because Council previously
passed an ordinance banning chain link fences in residential areas;
he urged approval of the fence and stated Council should review and
rescind the ordinance that banned chain link fences.
Don Sherratt, 74 Basinside Way, Chairman, Recreation Commission,
stated the Commission supports the report of the [Recreation and
October 2, 1990
338
Parks] staff for reasons already stated; no alternatives were
given by the Planning Board; and a chain link fence is needed for
the Tillman Park.
Gerhard Degemann, 19 Sandpiper Place, stated he has no problem with
a chain link fence, but he believes some funding could be saved by
not having a coated fence when it is going to be covered with
plantings.
Councilmember Thomas requested an opinion from former Councilmember
Tillman, as the Park is named in his honor.
Charles Tillman, 2415 Roosevelt Drive, indicated he favored a chain
link fence.
Councilmember Thomas stated she believes the ordinance should be
brought back before Council as there are many instances where chain
link fences are needed; and, in view of the fact the ordinance is
returning to Council and the Planning Board did not provide an
alternative, the Appeal should be granted.
Mr. Tillman expressed his appreciation for the naming of the Park
in his honor.
President Corica commented no one is more deserving than Mr.
Tillman; and he believes the chain link fence should be installed
at Tillman Park.
Councilmember Camicia moved the [Recreation and Parks Director's]
recommendation [to approve the Appeal]. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
90 -709 From Chairman, Solid Waste Management Recycling Committee,
recommending an award of contract to Pacific Rim Recycling and
20/20 Recycle Centers. (Continued from 9/18/90 Council Meeting)
Related Communications:
* From Councilmember Withrow regarding curbside recycling in
Alameda.
* From Steven A. Moore, President, Pacific Rim Recycling,
Benicia, regarding Multi- Service Waste Reduction Proposal.
(Continued from 9- 18 -90, Council Meeting)
October 2, 1990
339
* From Ken Bordner, Alameda, recommending award of contract for
recycling to the Oakland Scavenger Company. (Continued from
9- 18 -90, Council Meeting)
President Corica stated he will abstain from voting on the matter
because his son -in -law works for Oakland Scavenger, and Vice -Mayor
Arnerich will preside over this matter.
Councilmember Thomas stated she has reviewed the tapes from the
last Council Meeting at which time the issue was discussed.
Charles Tillman, 2415 Roosevelt Drive, inquired if the
contributions to Meals -on- Wheels and the Food Bank come from
Williams Bros. Grocery Store or Pacific Rim Recycling.
Acting President Arnerich replied the contributions are from
Pacific Rim.
Mr. Tillman stated the organizations are depending upon the
contributions and he is concerned that there be continuity; and
asked what the procedure will be if Waste Management takes over.
Virginia Falconer, 2012 Cambridge, requested Council to approve the
Pacific Rim proposal, because if she must pay, she would like all
recyclables picked up.
Doug- Linney, Chairman, Solid Waste Management Recycling Committee,
thanked Council for its efforts in this matter, believes Pacific
Rim is the best company to provide recycling service, but would
support Councilmember Withrow's compromise [outlined in a
communication dated September 24, 1990].
Lee Johnson, 1731 Pomona Road, Corona, Pacific Rim -20/20 Recycling,
referred to concerns raised by Council at the last meeting that
Pacific Rim is not union, stated Pacific Rim is under union
contract, read from a letter signed by Richard Henry,
Secretary - Treasurer of Chauffeurs, Teamsters & Helpers Local No.
150, acknowledging Pacific Rim is unionized, and noted the wages
negotiated; stated he had copies of three (3) performance bonds
currently in effect with the State of California Department of
Conservation; and Pacific Rim would have no problem in posting a
$1,000,000 performance bond.
Steven Moore, 433 Industrial Way, Benicia, President, Pacific Rim,
stated the two (2) primary functions of the proposal are: a)
curbside collection, and b) an enhanced public education motivation
campaign with enhanced recycling services, and he believes Pacific
Rim -20/20 best qualified to carry out the full services and
October 2, 1990
340
objectives of that proposal; however, Alameda can capitalize on
the strengths of two (2) qualified firms, WMI for collection
systems, and Pacific Rim for community organization, education,
motivation, consumer buy -back programs and related critical
services; and he supports (Withrow's) proposal; the concept has
been successful in other communities, and Pacific Rim would work
synergistically with WMI and the City to provide the best program
for Alameda.
Don Roberts, 880 Portola Avenue, Member, Recycling Committee,
stated he still supports Pacific Rim, one difference between
Pacific Rim and WMI is Pacific Rim's willingness to open their
books to the City to identify how much money they would make on the
program and in the event prices paid for recyclables rise, they're
willing to adjust rates for recyclables. If the joint venture
proposal is approved, he urges Council obtain a similar commitment
for an open -book approach by WMI.
John Scott Graham, 1728 Tregloan Court, stated he does not want to
see the award of contract for recycling broken up between
companies; WMI should show a profit on recyclables at the of a
year, otherwise, garbage pickup and recyclables should be given to
Pacific Rim.
Catherine Castle, 1304 Grand Street, stated citizens are distressed
Committee recommendations are not accepted by Council; the
Committee must have had good reason to choose Pacific Rim; a
simple solution is to give Pacific Rim a one year contract, if they
do well, provide a three year contract; and if not, get someone
else.
Rosemarie Delanaye, 424 Haight Avenue, stated support for the
compromise proposal because Alameda needs a comprehensive program;
urged Council support the contract which supports education and
motivational elements; believes the compromise is the best
proposal.
Emil Radloff, 1829 Central Avenue, stated equipment ordered takes a
long time for delivery, but Waste Management already has equipment
in place; Council should make a decision for WMI.
Juana Samayoa, 1523 Mozart Street, Garbage Without Guilt, stated
she supports original proposal for Pacific Rim; WMI had not
provided a comprehensive proposal, nor a full menu of curbside
recyclables; agrees with taking recommendation of Committee,
supports compromise if necessary because it is important to begin
recycling program, but Pacific Rim's proposal is best.
October 2, 1990
341
Patricia Colburn, Alameda, Garbage Without Guilt, stated the issue
of prime concern is service; congratulated Councilmember Withrow
on his proposal, and others who accepted it to get the best out of
both companies which she believes is a great idea.
Ellen Paisal, 1324 Grove Street, Garbage Without Guilt, challenged
Council to go with the compromise proposal or make a decision for
Pacific Rim; and requested Council go forward.
Councilmember Thomas stated she is not clear if the Bottle Bill is
provided for in the proposals.
Mr. Linney stated basically, deposit money is collected by the
company that collects the recyclables and is applied to the
operation of the system; and funds would go to non - profit
organizations from deposit centers.
Councilmember Thomas inquired if there would be duplication of the
Alameda County Solid Waste educational program.
Mr. Moore, Pacific Rim, replied the Company would interact with
the County, complement and go well beyond the County's plans.
Adam Davis, Oakland Scavenger, reiterated Mr. Moore's reply,
stated repetition is essential, there would be no conflict with the
County's program.
Councilmember Thomas thanked the Committee for its work; stated
the waste stream must be reduced 50% by the year 2000; curbside
recycling is a small step; Alameda has not done a waste
characterization study; believes compromise proposed is the worst
of both worlds; she does not like WMI but it is the cheapest and
is experienced; and moved to award the contract to WMI at the rate
of $1.25 per month per year, and if WMI wants an increase next
year, it should come back and argue for it
Councilmember Camicia stated at the last meeting he made a motion
that included a fixed rate fee ($1.42) for WMI, incorporated
everything Mr. Davis mentioned at the podium, added that the range
of recyclables Pacific Rim discussed to be included in the WMI
proposal and he wants to be sure Councilmember Thomas's motion
includes all of that.
Councilmember Thomas stated she specifically stated $1.25 instead
of $1.42 and if a rate increase is desired, there should be a rate
review, but, other than that, she agreed.
Discussion followed regarding the rate.
October 2, 1990
342
Councilmember Camicia stated
Council can get a fixed rate,
to be a good way to go.
Councilmember Thomas stated if
she would agree, but it is not
costs are continually rising and if
$1.42, for five years, that appears
that is what is needed for a second,
her preference.
Councilmember Camicia seconded the motion.
Councilmember Withrow stated he prefers the recommendation of
Committee (favoring Pacific Rim); Council is dealing with
recycling, not garbage, per se; recycling is only a part of waste
stream conversion but a significant part; he admires WMI, but for
recycling, Pacific Rim is the most qualified to motivate the
community; combining companies is not a compromise, would involve
synergism, and capitalize on the strengths of each firm; the
difference in rates is miniscule, but if the process is not done
correctly the costs to the City would be in megabucks; therefore
he will still stand behind Pacific Rim; he put a substitute motion
on the floor to provide a contract to WMI for the line haul
portion, with elements, and a separate contract to Pacific Rim for
educational and promotional aspects.
The motion failed due to the lack of a second.
Councilmember Camicia stated Councilmember Withrow's solution is
excellent, however he is concerned the companies may need time to
coordinate their work but there is opportunity (through the motion
to award contract to WMI) to start immediately.
Acting President Arnerich questioned if WMI is prepared to
contribute $28,500 to the City's charitable organizations, and Mr.
Davis responded affirmatively.
Acting President Arnerich questioned if WMI would write off service
to senior citizens age 65 and over, under $10,000 income, to which
Mr. Davis replied WMI would not write off that service but would
be willing to not charge those citizens, and would spread the
amount those citizens would have paid, to the remaining households
in the City.
Acting President Arnerich questioned what WMI would do about the
monies the company realizes from the five cents received from two
cans or two bottles.
Mr. Davis replied recycling companies ask for subsidies because
running recycling programs cost more than what is realized from
sales of recyclables, therefore WMI comes to the City for a subsidy
October 2, 1990
343
to make the program feasible; the revenue from sales is factored
into the proposal to the City.
Councilmember Thomas questioned what would happen if income from
recyclables increased during the five year term.
Mr. Davis stated if more money came in from recyclables, that
would be kept as profit, however, if the market for recyclables
goes down, WMI will not request an additional subsidy; WMI will
guarantee the price of $1.25 tied to the Consumer Price Index
increase only or $1.42 firm for the five year -term of the contract.
Councilmember Camicia stated that it was his understanding the
$1.42 would include a subsidy, in a sense, for the 65 year old
residents on a fixed income.
Mr. Davis replied if WMI's income is reduced by taking out the
1500 ( senion citizen) households, it would basically change the
nature of the entire proposal put forward.
During a brief discussion regarding monthly rates, it was
determined by Council and staff that the amount to be added to
remaining households, to cover service for senior citizen
households, would be approximately seven cents, thus bringing the
rate to approximately $1.49; Mr. Davis responded he would accept
the approximate figure.
Acting President Arnerich requested that the rate not go beyond
$1.49, to which Mr. Davis responded WMI's commitment to low price
service is evident.
Councilmember Thomas expressed concern the legislature will make
changes entitling the Company to receive the 2.5 cents for the
recyclables, it would be a benefit to WMI not bargained for at this
point, and the ratepayers or charities should get that; and stated
she would like to include in the motion that we (City and WMI)
discuss the apportionment of any profits that would be gained from
legislation.
Mr. Davis accepted the amendment to the motion.
Councilmember Camicia clarified that the donation to non - profit,
which totals $28,500 a year, is not part of the $1.49 rate, and Mr.
Davis agreed it is not.
Councilmember Thomas inquired if Councilmember Camicia would accept
that Condition as part of the motion, and Councilmember Camicia
replied affirmatively.
October 2, 1990
344
Councilmember Withrow stated one of the advantages of having two
companies was a natural check and balance which will not occur with
a single company; the contract will require that the City
administer and monitor the process, and will need to have
performance standards, and inquired what performance standards WMI
would be willing to commit to the City.
Mr. Davis stated he would suggest as performance standard: as a
starting point, a goal of a 8 to 12% of the residential waste
stream should be recycled each year; a goal of 70% participation
rate by the end of the first year of the program; mandatory
recycling of every material collected from the program, and some
sort of control placed on that; risks for market fluctuations
should reside with the contractor; a minimum of three
times - per -year mailings to every household in the City for
educational purposes; and a minimum of $28,500 to be distributed
to non - profits.
Councilmember Withrow requested those performance standards be
incorporated in the motion on the floor.
Councilmember Camicia agreed; stated one thing should be made
clear, that once Council reaches agreement and votes, the door must
be left open to officially negotiate a contract following the
meeting, as there may be a range of things in negotiation of the
contract Council may want to add.
The City Manager requested clarification on additional recyclables.
Councilmember Thomas stated Councilmember Camicia, in his
amendments to the motion, requested that be included with the
additional pickups.
The City Manager inquired if that included grocery bags, plate
glass, scrap aluminum, metal, white paper and computer paper.
Councilmember Thomas stated there could be a problem, as white
paper could get into commercial recycling and not residential, and
believes there may be some overlap; it's clear they should pick it
up, but she believes it will not be done, it will be a different
program.
Mr. Davis stated he believed from Councilmember Camicia's
statement at the last meeting, the items were to be all of the
items WMI originally proposed with the addition of cardboard,
computer paper and motor oil; and after discussion the Company is
willing to add cardboard and computer paper at no additional charge
to the ratepayer; cardboard would make a significant reduction in
the waste stream, but plate glass or scrap metal will not.
October 2, 1990
345
Councilmember Withrow clarified that Council has been identifying
key elements to the proposed contract, and inquired if the proposed
contract would come back to Council for approval before execution
by the City, and the City Manager agreed it would be.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia and Thomas - 3. Noes:
Councilmember Withrow - 1. Absent: None. Abstention: President
Corica - 1.
President Corica returned to his seat on the dais.
90 -710 From City Auditor regarding cash handling
Animal Shelter. (Report No. 90 -4).
Councilmember Camicia moved the recommendation of
Councilmember Thomas seconded the motion which
unanimous voice vote - 5.
procedures at the
the City Auditor.
was carried by
90 -711 From Chairman, Golf Commission, regarding City Auditor's
report on cash handling procedures at the Alameda Golf Complex.
Charles Tillman 2415 Roosevelt Drive, stated he is in accord with
the Golf Commission's proposal, believes the Commission's financial
report is accurate, therefore, if there is any discrepancy in the
current audit, he would like to know where it is and how it
occurred.
Gary Thomas, Alameda, Finance Committee, stated the Finance
Committee fully supports the Auditor's report, endorsements and
recommendations, and particularly an audit of the process of
comparing the cash to the records, as there is presently, according
to the City Auditor, a $167,000 difference between the cash
register receipts and the monthly reports; an audit could assure
that the City is getting the commission to which it is entitled,
determine if a discrepancy exists, and if there is a process and
procedure with a check and balance.
Councilman Arnerich stated government is continually needing more
taxes and fees to increase necessary revenue, yet the City keeps
paying for $5- 10,000 audits; and wonders why the audit cannot be
done in- house.
President Corica stated he believes the audit is necessary to be
sure everything is in order.
October 2; 1990
346
Councilman Arnerich stated CCA Silband is supposed to provide an
annual audit; Silband should submit its order, and then the
Finance Department can make its audit.
The City Auditor stated at this point it is unknown whether the
$167,000 represents cash that was not reported to the City; he
reviewed cash procedures, however how commissions are reported back
to the City is a different process.
Councilman Arnerich moved to accept the recommendation with
emphasis that computerized cash registers be installed.
President Corica suggested the purchase of a device which counts
the number of drinks served daily in the bar.
Councilmember Camicia suggested stipulating that staff look at the
auditing and if staff can do it, that would be the direction to go.
Councilman Arnerich agreed.
Councilmember Thomas stated that CCA Silband auditor should be
contacted first. Councilman Arnerich agreed.
The motion was seconded by Councilmember Camicia and carried by
unanimous voice vote - 5.
90 -712 From Chairman, Finance Committee, regarding utility users
tax on cable and water.
Gary Thomas, Alameda, Finance Committee, stated he would address
both this item and the following one as they are related; noted
possible ways revenue could be generated that could be explored
rather than increasing utility user taxes; and stated he believes
a workshop would be very helpful; he also stated the Committee
recommended, regarding the Linoaks library site, that before the
City expends more money on that library project, the project should
be reviewed to determine the feasibility of continuing with it.
Councilmember Camicia stated the Finance Committee has done a good
job, but the reason he requested a Finance Committee is because he
is concerned about how the City approaches long term finance
issues; he does not want crisis decisions.
Mr. Thomas replied that is also the Committee's concern and it
needs to focus on long term issues in the future.
Richard Roth, 1417 - 5th Street, stated he is against increasing
utility users tax; the City is constantly raising taxes; he urged
rescinding utility user taxes, and revitalizing business districts
for a stronger economic base in lieu of raising fees.
October 2, 1990
347
President Corica stated Council has helped revitalization programs,
however it has not helped to keep the City going.
Councilmember Camicia stated the Finance Committee will be focusing
on long term issues and that should help with short -term problems.
The City Manager explained the utility taxes were increased by the
passage of the ordinances, however, Council suspended the increases
on the water and cable taxes and requested staff report back in 90
days with alternatives.
Don Roberts, 880 Portola, stated he shares Richard Roth's opinion,
spoke against the ordinances passed by the Council, Alameda should
not impose a tax on water, which is a basic necessity; the cable
company is passing on a 5% franchise tax, and if the users tax is
added that will be a 10.5% total for consumers; if Council does
not now agree with the ordinances, the ordinances should be
revoked.
Councilmember Camicia stated the Finance Committee has provided
alternatives to the utility users taxes and Council may, if it
wishes, bring back, and rescind, the user tax ordinances.
The City Attorney read a portion of the September 18, 1990, Council
Minutes which reflect the ordinances were adopted with a 90 -day
stay on implementation to allow time for staff to report back, and
Council could rescind at that time, therefore the ordinance can
stay on the books and collection is not authorized for 90 days.
Councilmember Thomas stated she believed at a previous meeting when
the ordinance was introduced, the tax was to depend upon whether
the Finance Committee agreed it was needed, if not, the ordinance
could be rescinded; the Finance Committee has stated there are
alternative means, and, in view of the different information on the
interpretation of the possible measures on the ballot in November,
she moved to rescind the ordinance.
The City Attorney stated the ordinance should be placed on the
agenda.
Councilmember Withrow moved the ordinance be brought back before
Council on the Agenda. Councilmember Thomas seconded the motion
which was carried by unanimous voice vote - 5.
90 -713 From Chairman, Finance Committee, regarding user fees, audit
of golf revenues, and Linoaks Library Construction Project.
Gary Thomas, Alameda, Chairman, Finance Committee, stated the
Committee liked Councilman Arnerich's idea to have a workshop to
October 2, 1990
348
review fees; regarding the Linoaks library construction project,
the Finance Committee recommends that, before the City expends
further funds into the project, the total project should be
reviewed for feasibility.
President Corica inquired if plans were altered and the site
changed, would the City still qualify for State funds.
The City Manager replied there are two processes involved, a Letter
of Intent to the State is required by next month, and the deadline
for applying for the grant is February, 1991; and if the site is
changed, the deadline might be missed.
Councilmember Camicia stated he is close to changing his mind about
the site because the ( Linoaks) location was not his favorite, and
he voted for it because it provided the best opportunity to pursue
Proposition 85 funding, however now the City is perhaps 2 or 3
times over the average request for Prop 85 funds, and he would like
to see staff come back at the next meeting with a detailed report
everyone can review on where the City is in the process, including
how Alameda compares with other cities in their requests for Prop
85 funds, and what Alameda's chances are for getting the funds.
The City Manager noted the process provides for the Environmental
Impact Report review through the Planning Board and then through
the City Council, and is in progress.
Theony Condos, President, Library Board, stated the Finance
Committee's recommendation (to review the Linoaks site before
expending further funds) appears to be based on the cost of the
project and competitiveness of the City's application for Prop 85
grant funds; it is true the current $14.2 million cost estimate is
higher than the original estimate but that did not include an
on -site parking structure, contingencies, price escalations, etc.,
however the current estimate was made by a professional and
includes the above items and storage space; regarding the grant
funds, the total cost of the project is not among the criteria, the
Board believes the project is competitive; and believes a
presentation by the architect at a future Council Meeting would
make Council more comfortable with the cost estimates for the
project.
Councilman Arnerich requested the original grant amount applied
for.
President Condos replied
million, and the amount is
Gertrude Woods, Library
October 2, 1990
the amount will be based on the $14.1
65% of total cost.
Board Member, stated the cost of the
349
project is not among the criteria for a grant and listed criteria,
including square footage and age of building.
Councilmember Camicia stated his concern is that the amount of
money requested is out of line, to which Library Board Member Woods
stated it is not; the need is great, the estimate of needs in the
State for library services is a billion dollars and the $75 million
available will be clamored for, however the Library Board has put
in a good application, and she would like the opportunity to try.
Councilman Arnerich inquired if the storage space was an added
necessity, not an afterthought; Library Board Member Woods replied
it is not a frill.
Councilmember Camicia moved acceptance of the report and directed a
detailed status report on the Library Project be agendized for
October 16th, if possible. He stated he believes Council should
revisit the issue because he is a little concerned that the City
may have a difficult time getting the funds.
Councilmember Camicia moved to
Councilman Arnerich seconded
following voice vote: Ayes:
Withrow and President Corica -
Absent: None.
continue the meeting past 11:00 p.m.
the motion which was carried by the
Councilmembers Arnerich, Camicia,
4. Noes: Councilmember Thomas - 1.
90 -714 From Personnel Director regarding military leave of absence.
The Personnel Director noted one Alameda employee, a reservist, had
been called to duty [because of the Middle East crisis], the City
has an additional seven reservists, half of whom are on standby
notice; most cities surveyed are providing the minimum required by
law (30 days pay), others are considering pay plus benefits;
suggested health, dental and life payments; and short -term payment
of salary differential over base pay and allotment pay.
President Corica stated the City has an obligation to take care of
its people that are called to active military duty.
Councilmember Withrow commented the military normally covers health
and dental benefits.
Councilmember Thomas noted the possibility that a break in
insurance coverage could affect coverage of a pre - existing
condition.
Councilman Arnerich inquired what the City's costs to continue
October 2, 1990
3 0
benefits would be; the Personnel Director replied approximately
$170 to $400 per month.
Councilmember Thomas stated there is no recommendation at this
time; staff will be reporting back to Council, and moved
acceptance of the report. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 5.
90 -715 From Public Works Director recommending award of contract
for Traffic Signal Construction at Bridgeway and Packet Landing
Roads, No. P.W. 6 -90 -9. (Carried over from September 18, 1990,
Council Meeting).
Vernon Deubler, 192 Purcell Drive, Brittany Landing Harbor
Homeowners' Association, expressed concerns of the homeowners:
requested a two -foot walkway; and discussed the traffic problems
that would result from eliminating bus turnouts, and would like
modification of the plan concerning those two items.
The Public Works Director stated there would be no problem with the
walkway requested; regarding bus stops, the City had concerns
about the width of the road to be crossed by children and believed
it would be safer to eliminate the bus turnouts, even though there
would be an occasional backup of cars.
Councilman Arnerich inquired if the Alameda Unified School District
had input into the design, to which the Public Works Director
stated they were pleased with the design; and that Amelia Earhart
School officials had input.
Councilman Arnerich stated he has some reservations about
eliminating the bus cutouts.
Following further discussion of the issue, Councilmember Camicia
suggested the matter be placed on the agenda of the Special Meeting
for Monday, October 8, 1990.
President Corica entertained a motion to place the matter on the
agenda of the Special Meeting for Monday, October 8, 1990.
Councilmember Camicia so moved. Councilman Arnerich seconded the
motion and it was carried by unanimous voice vote - 5.
INTRODUCTION OF ORDINANCE
90 -716 Ordinance No. , N.S. Authorizing execution of a lease with
Alameda Emergency Food, Inc. for property located at 1900 Thau
Way. Introduced.
October 2, 1990
351
Councilmember Camicia moved introduction of the ordinance.
Councilmember Withrow seconded the motion which was carried by
unanimous vote - 5.
FINAL PASSAGE OF ORDINANCE
90 -717 Ordinance No. 2509 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. Adopted.
Councilmember Thomas expressed concern that City holidays are not
meter free.
Councilmember Camicia moved adoption of the ordinance. Councilman
Arnerich seconded the motion which was carried by the following
voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and
President Corica - 4. Noes: Councilmember Thomas - 1. Absent:
None.
UNFINISHED BUSINESS
90 -718 Reimbursement of League of California Cities Conference
expenditures to the City Manager. (Vice -Mayor Arnerich)
Councilman Arnerich moved payment of $261.00 to City Manager for
League of California Cities conference expenditures, September 6th
and 7th. Councilmember Withrow seconded the motion which was
carried by unanimous voice vote - 5.
90 -719 Consideration of nomination for appointment to the Golf
Commission.
President Corica nominated Shiri Ames for reappointment to the Golf
Commission. Councilman Arnerich moved acceptance of the
nomination. Councilmember Withrow seconded the motion which was
carried by unanimous voice vote - 5.
90 -720 Consideration of two nominations for appointment to the
Recreation Commission.
President
Recreation
nomination
President
Recreation
nomination
Corica nominated David Sillers for reappointment to
Commission. Councilmember Thomas seconded
which was carried by unanimous voice vote - 5.
Corica nominated Bernard Roberts for appointment to
Commission. Councilmember Thomas seconded
which was carried by unanimous voice vote - 5.
the
the
the
the
October 2, 1990
352
90 -721 Councilmember Camicia stated he is concerned about the Naval
Air Station [closure issue], and that the City does not have a
strategy; believes Council needs to have someone in Washington
regularly.
Councilmember Thomas stated she is also concerned and suggested
sending the Mayor back to Washington.
Mayor Corica responded this is the time to do something; he would
like to go back but there is no money in the budget to do it.
Councilmember Camicia stated the money would be found and the Mayor
should go back and a staff member also; and he (Camicia) would
like to have someone in Washington on a regular basis to keep the
City up to date. President Corica responded he would look into the
matter when in Washington.
90 -722 Councilmember Camicia expressed concern regarding the
airport issue and future relationships with the Port of Oakland,
requested Council to consider having someone in Washington on a
regular basis also.
ADJOURNMENT
90 -723 Barbara Thomas requested that the meeting be adjourned in
honor of military personnel serving in the Middle East.
Subsequently, the meeting was adjourned by President Corica at
11:25 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
October 2, 1990