1990-12-18 Regular CC Minutes418
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
DECEMBER 18, 1990
The meeting convened at 7:48 p.m. (at the conclusion of the Community
Improvement Commission) with President Corica presiding. The Pledge of
Allegiance was led by Councilman Arnerich. Reverend Doug Henderson
gave the invocation.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S)
Mayor Corica announced that, prior to the regular meeting, Council
adjourned to Closed Session and took the following action:
90 -877 Labor Relations, pursuant to Subsection (a) of Government Code
Section 54957.6 of the Brown Act: discussed the matter, took no
action, instructed City negotiator to continue discussion.
ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow
and President Corica - 5.
Absent: None.
CONSENT CALENDAR
President Corica announced (90 -903) resolution regarding Grant of
Easement, was removed from the Consent Calendar to the regular agenda
at the request of John Scott Graham. Councilmember Thomas stated she
would vote no on ( *90 -891) Bills.
Councilmember Camicia moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5 [with the exception of Councilmember Thomas's
No vote on *90 -891].
REPORTS AND RECOMMENDATIONS
*90 -878 From Public Works Director requesting approval of
Specifications for Alameda BART shuttle vehicles. Accepted.
*90 -879 From Public Works Director recommending acceptance of work by
Gateway Landscape Construction, Inc., for the construction of Street
and Storm Drainage Improvements at the southwest corner of Everett'
Street and Blanding Avenue, No. P.W. 10- 89 -18. Accepted.
*90 -880 From Public Works Director authorizing the City Manager to
approve an Agreement for Operation, Maintenance, and Management of
Public Marine Transportation Terminal Facility, and a Funding Agreement
regarding Public Marine Transportation Terminal Facility for the Harbor
Bay Isle Ferry. Accepted.
*90 -881 From Community Development Director submitting Annual
the Affordable Housing Ordinance. Accepted.
*90 -882 From Community Development Director submitting Annual
December 18, 1990
Review o
Report of
419
the Community Improvement Commission to the City Council and the State
Controller. Accepted.
*90 -883 From Community Development Director regarding execution of
Agreement for Joint Participation in, and Financing of, the Countywide
Alameda County Economic Development Program. Accepted.
*90 -884 From Finance Director transmitting Investment Portfolio for
period ending November 30, 1990. Accepted.
*90 -885 From Recreation and Parks Director regarding Conceptual
Approval of Plan for Construction of a Hardball Facility at the College
of Alameda. Accepted.
RESOLUTIONS
*90 -886 Resolution No. 12052 "Approving Harbor Bay Isle Village V
Parcel Maps No. 6012, 6013, and 6024." Adopted.
*90 -B87 Resolution No. 12053 "Ordering Changes and Modification to
City of Alameda Harbor Bay Business Park Assessment District 84 -4."
Adopted.
*90 -888 Resolution No. 12054 "Vacating a portion of public
right -of -way located at the northeast corner of Webster Street and
Buena Vista Avenue in exchange for similar amount of property on the
easterly side of Webster Street north of Buena Vista Avenue." Adopted.
FINAL PASSAGE OF ORDINANCES
*90 -889 Ordinance No. 2520, 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 at the intersection of Eastshore Drive
and Garfield Avenue." Adopted.
*90 -890 Ordinance No. 2521, 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 at the intersection of Fernside Blvd.
and Central Avenue." Adopted.
BILLS
*90 -891 Bills, certified by the City Manager as true and correct, were
ratified in the amount of $1,111,396.46.
MINUTES
Councilman Arnerich moved approval of the Minutes of the Regular
Council Meeting of December 4, 1990, and Special Council Meeting of
November 20, 1990. Councilmember Thomas seconded the motion which was
carried by unanimous voice vote - 5.
SPECIAL ORDERS OF THE DAY
90 -892 Presentation of AAA Pedestrian Protection Program Award, by
California State Automobile Association, for outstanding Pedestrian
December 18, 1990
4 0
Program activities.
Thomas C. Conrad, Assistant District Manager, California State
Automobile Association, 380 West MacArthur Boulevard, Oakland,
presented a plaque to the Chief of Police and the City of Alameda.
Chief Shiells accepted the award; and Mayor Corica expressed
appreciation to the Association.
President Corica announced that the introductions of two ordinances
regarding the transfer of Alameda Avenue 90 -893 and 90 -894 would be
taken out of order.
INTRODUCTION OF ORDINANCES
90 -893 Ordinance No. , N.S. "Rescission of Ordinance No. 2518,
N.S., Approving Agreement with Alameda Unified School District for the
Transfer of a Portion of Alameda Avenue, west of Oak Street."
Introduced.
President Corica stated there has been a lot of press coverage on this
matter; several representatives of the School District have met with
representatives of Council for many months; his only concern is his
interest in keeping Mastick Senior Center open as long as possible, has
no problem giving Alameda Avenue [to the School District], would like
to help the Museum; senior citizens have paid taxes into the City and
are enjoying the Center; suggested the District could give the City a
14% [the percentage equal to the $333,000 value of the street] interest
in the Mastick site, so that if the site is sold, the City Council
would be a part of the discussion; and unless the District has
intention to sell the Center, there should be no problem in following
through with his suggestion as he is not talking about any monetary
exchange.
Councilmember Camicia suggested School District respond to proposal.
Councilman Arnerich agreed; stated the Mayor's idea is good, there
should be a commitment from the District, Council representatives on
the negotiating team have not requested money but have attempted
trade -offs; the street should be vacated; and he would like to hear
from the District.
President Corica stated what he would like is to have the City's name
on the deed for 14% of the property.
Councilmember Withrow stated a 14% equity position in Mastick Center
for the street is no different from conveying cash and he cannot go
along with that; he does not see any tie between the Center and the
street; appreciates President Corica's attempt to compromise, and his
interest and backing for the Center; believes at this time, the street
should be given to the District free and clear, and when it is time t°
talk about the Mastick Center site, the matter should be discussed o
the merits.
President Corica stated he agrees the street should be given to the
December 18, 1990
421
District, but he would like to see the Board agree to 14% of the title
so the Council can have assurance the Center will not be sold; if the
District cannot do that, then possibly they will sell the Center some
day as they talked about the possibility of selling at the end of 24
months.
Gerhard Degemann, 19 Sandpiper Place, suggested the street be given to
the District without charge; expressed concern about a District
proposal that Mastick school might be sold in two or three years, but
has confidence the School Superintendent and the Board will not sell.
John Scott Graham, 1728 Tregloan Court, stated Alameda High School
received part of Alameda Avenue from the City in the past and this last
piece of the street should be used as leverage to help retain Mastick;
the 14% [interest in the property] requested is better than nothing.
William McCall, 1105 Mound Street, stated over 2200 active people are
in the Center program; and if the School Board wants to take on the
senior citizens, he will be the Chairman [of a body] to recall the
School Board; and urged Council to give the District the street and
take up the subject of Mastick separately.
Barbara Rasmussen, President, Alameda Unified School District, School
Board, stated the Board supports the concept of the Center; the only
objective of the School Board in the negotiations is to protect itself
in the event that in the future, a school site would be needed, and not
necessarily to take Mastick Center as a school site, but to use it for
an asset to gain another site; the School District has no intent, at
this point, of doing anything but maintaining Mastick Senior Center.
Councilmember Withrow moved introduction of ordinance. Councilman
Arnerich seconded the motion which was carried by unanimous voice vote
- 5.
90-894 Ordinance No. N.S. "Approving Agreement with Alameda
Unified School District for the Transfer of a Portion of Alameda
Avenue, west of Oak Street, without cost."
Charles Tillman, 2415 Roosevelt Drive, agreed with remarks of Mr.
McCall (90-893) and stated the Center took years to come into being,
and he does not want to see a situation where the City will need to pay
a lot of money for something that the City and the people developed;
the District should be given the street with no money exchanging hands,
and the people will take care of the Mastick site issue later.
Gerhard Degemann, 19 Sandpiper Place, stated the same applies [what he
expressed earlier] to this item as to the previous item.
Councilmember Camicia stated he understands the Mayor's concern about
Mastick Center; the Center needs to be addressed but not at this time;
suggested Council go ahead and do what will be a positive action for
the City's students, and then go back and discuss Mastick another time.
Councilmember Thomas inquired about the lack of an ordinance.
City Attorney replied the Alameda Municipal Code, Section 2-117,
December 18, 1990
422
provides that ordinances may be introduced by reading of title only
and the Final Ordinance distributed by Final Passage.
Councilmember Thomas stated she believes both the street and Mastick
Center should be conveyed free of charge; expressed concern because
fighting to save the Center is one thing but the reality of having the
funds to buy the Center is something else; she would like to see the
Standing Committee [School Board and City Council representatives] be
directed, at this point in time, to start looking into redoing the
lease [of Mastick Center] with the ultimate goal of transfer of the
Center to the City, a total transfer, or if necessary, finding out how
to buy it; planning is needed.
Councilmember Withrow agreed the Committee should take up the issue;
and cautioned that the representatives of Council are not empowered to
commit the body, the Council should be kept informed of goals,
strategies, etc., and issues should not be deferred until there is an
urgency.
Councilman Arnerich commented minutes of each Committee meeting were
distributed to Council and the School Board; both groups stood firm
for what they believed in; and the Committee worked to the best of its
ability.
Councilmember Thomas agreed the Committee did a good job and she would
like the Committee to do more and be prepared to address the Mastic}
Center.
Councilman Arnerich stated he would like to approve Councilmember
Camicia's motion to introduce the ordinance and approve the agreement
with the Alameda Unified School District for the transfer of a portion
of Alameda Avenue, west of Oak Street, without cost.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
90-895 From City Auditor regarding Finance Committee [Report 90-5].
Don Roberts, 880 Portola Avenue, stated the Finance Committee is now in
the process of developing By-laws which will address several of the
recommendations in the report and requested Council accept the City
Auditor's report but defer any action on the recommendations until the
By-laws of the Finance Committee are received.
Councilman Arnerich inquired when By-laws will be ready; Mr. Roberts
replied he believes the By-laws will be approved January, 1991.
Kevin Harper, City Auditor, requested Council look at each
recommendation and direct the Finance Committee to include in the
By-laws, those recommendations with which Council agrees.
President Corica agreed it would perhaps be good to wait for the
Committee [By-laws] and suggested accepting the report and deferring
action on the recommendation.
December 18, 1990
4
Councilmember Withrow agreed and moved acceptance of the report.
Councilman Arnerich seconded the motion which was carried by unanimous
voice vote - 5.
Councilman Arnerich commended the City Auditor, Mr. Harper, for
producing suggestions and recommendations; and expressed appreciation
for the City Auditor's efforts.
90 -896 From Chair, Golf Commission, regarding Proposed Increase of Golf
Fees for the Mif Albright Course.
President Corica commented on the success of the Golf Course; noted
the credit should be given staff, particularly the maintenance crew who
built the Course; the raise the Golf Commission proposed is warranted,
and he believes Council should approve.
Councilman Arnerich stated the fees are reasonable, compared the fees
to other courses; and discussed with the Golf Course Operations
Manager, the mechanics that have been put into place to provide more
supervision on the Par 3 Course to keep persons out that have not paid.
Councilmember Thomas moved the recommendation. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 5.
90 -897 From City Manager regarding Solid Waste Management and Recycling
Committee.
President Corica inquired if the City's goals have been achieved.
Councilmember Withrow inquired about the kind of measuring system the
City has.
The City Manager responded that a goal was built into the system by the
Scavenger Company, and they are to achieve that goal; stated how a
baseline survey will be established; noted a reduction, under AB939,
will be determined, and will be monitored after recycling is in place.
Councilmember Withrow inquired about the status of the agreement, and
the City Manager replied the agreement will probably be ready by the
second meeting of January.
The Council and the City Manager discussed schedule, goals, and State
deadlines.
The Public Works Director noted the consultant [Brown &
by Alameda County for Waste Characterization Study] has
the matter.
Councilmember Thomas commented it was suggested at the
Solid Waste Authority meeting, that a preliminary plan
March 1, 1990, to the State, and suggested the City
guidelines.
Councilman Arnerich moved to accept the recommendation. Councilmember
Withrow seconded the motion which was carried by unanimous voice vote -
5. December 18, 1990
Caldwell, hired
started work on
Alameda County
be submitted by
adhere to the
424
90-898 From Public Works Director regarding Status of Visibility Zones.
(Mayor Chuck Corica)
President Corica stated some newly painted red zones are of varying
lengths, and the zones should be five feet long.
The Public Works Director reviewed his report, explained the procedure
used to determine the length of red zone and adjacent parking spaces,
and noted the measurement must be taken from the end of the return,
where the straight part of the curb meets the round part of the curb.
Following brief Council discussion on the length of zones, President
Corica stated he would like the five-foot red zones to be standardized
throughout the whole City.
Councilmember Thomas so moved. Councilmember Camicia seconde-', the
motion which was carried by unanimous voice vote - 5.
90-899 From Finance Director transmitting Annual Comprehensive
Financial Report and Audit for Period Ending June 30, 1990.
Kevin Harper, City Auditor, stated the document gives a good picture of
City's finances; commended staff; noted the report was submitted
early, the City's reserves have had a significant increase, and at the
Finance Committee Meeting on January 23, 1990, he and the Finance
Director will explain the Report in detail.
Charles Tillman, 2415 Roosevelt Drive, noted he net with the Auditor,
who has a comprehensive report on the Golf Course, which came out
identical to the audit; and complimented the City Auditor on a job
well done.
Councilmember Thomas stated the document is a very good one; expressed
a number of concerns: the waiver of collateral requirements for
deposits which are fully insured up to $100,000; $6,000,000 in
medium-term corporate notes; the City's lease escrow account lseds
further explanation; the mortgage revenue bonds under Note q, the
restatements; she questioned why there was a recategorization of large
amounts of money; is concerned about the Bay Farm Reclamation r,i,:trict
Agency Fund and noted perhaps there should be an audit; and ho:',1!,s the
Finance Committee will spend time reviewing the some of the no ':_is in
detail; and some of the things that might not have been covered in
this, the first time it was done this thoroughly.
Councilmember Withrow agreed the Report is a very good document aid is
worthy of a Work Session.
President Corica stated Council and the City Clerk would determine a
date for the Work Session.
Councilmember Thomas stated Council should establish the focus of the
Finance Committee, and perhaps not meet with them jointly, but that is
an option.
Councilman Arnerich agreed, believes the Finance Committee role should
December 18, 1990
425
be defined.
Councilman Arnerich moved recommendation. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
90-900 From Fire Chief regarding Computer Aided Disaster Relief
Demonstration Project.
Councilmember Camicia moved acceptance of the report. Councilman
Arnerich seconded the motion which was carried by unanimous voice vote
- 5.
90-901 From Chief of Police on the Twilight Zone Club.
President Corica stated the Chief of Police believes the Club should be
monitored.
Councilman Arnerich stated he is pleased the Chief's Department is
working with Mr. Jordan [Twilight Zone Club] to provide proper
security for dances in order to avoid any problems.
President Corica stated the agreement (regarding readmission of persons
to the premises) should reflect "that person" instead of "he."
The Police Chief stated Mr. Jordan is cooperating with the Police
Department.
Councilmember Camicia moved acceptance of the report. Councilman
Arnerich seconded the motion which was carried by unanimous voice vote
- 5.
RESOLUTIONS
90-902 Resolution No. 12055 "Supporting the Continued Existence and
Operation of the Alameda County Training and Employment Board."
Adopted.
President Corica stated he believes Council should support the
resolution.
Councilman Arnerich stated the program is valuable to the City, and
moved adoption. Councilmember Withrow seconded the motion which was
carried by unanimous voice vote - 5.
90-903 Resolution No. 12056 "Accepting and Approving Grant of Easement
and Assignment of Permits and Enabling Agreements for Public Marine
Transportation Terminal Facility, located on Harbor Bay Isle." Adopted.
John Scott Graham, 1726 Tregloan Court, questioned if the easement is
coming from the Business Park and going into the residential area.
The Public Works Director explained the easement is
Terminal Parking Lot, the docking facilities, and
Associates is dedicating the easement to the City.
easement is at the foot of Mecartney.
to cover the Ferry
Harbor Bay Isle
and stated the
December 18, 1990
426
Councilmember Withrow moved adoption. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
UNFINISHED BUSINESS
90-904 From Mayor Chuck Corica transmitting Ballot Argument in favor of
Measure A (1991) to the City Council.
Councilmember Camicia moved approval. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
90-905 From City Attorney transmitting Impartial Ballot Analyses to the
City Council.
Councilmember Camicia moved approval. Councilman Arnerich seccn'Tled the
motion which was carried by unanimous voice vote - 5.
NEW BUSINESS
90-906 Councilmember Thomas stated the City and Developer [Dori;] put
in $25,000 each for the Cross Airport Roadway Initial Study; at this
point in time, it is appropriate that the Developer be asked to
contribute to the Metropolitan Oakland International Airport fight
[airport noise/expansion issue]; and if requesting funds requires
agendizing, matter be scheduled for Council consideration.
90-907 Councilmember Thomas requested the Mayor to adjourn the Council
Meeting in memory of Larry Hughes, father of City employee Robin
Ablett.
ADJOURNMENT
90-908 President Corica announced that the next regular Counci] Meeting
would be held January 2, 1991, as January 1, is a holiday; and
adjourned the meeting at 9:30 p.m., in memory of Larry Hughes, father
of City employee Robin Ablett.
Yours truly,
D ANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
December 18, 1990