1989-12-05 Minutes366
SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
DECEMBER 5, 1989
The special meeting was convened at 7:06 p.m. with President
Corica presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and
President Corica - 5.
[Councilmember Thomas arrived at 7:10 p.m.]
Absent: None.
89-913 President Corica adjourned the meeting to a Closed Session
to consider:
a) 1082 Pension Improvement Committee, pursuant to Subsection (a)
of Government Code Section 54957.6 of the Brown Act.
b) Acquisition of Linoaks Property, pursuant to Government Code
Section 54956.8 of the Brown Act.
c) Significant exposure to litigation: Port of Oakland and the
City of Alameda, pursuant to Subsection (b) of Section 54956.9 of
the Brown Act.
d) City v. Mitcheom, pursuant to Subsection (a) of Section
54946.9 of the Brown Act.
[President Corica announced during the Regular Meeting of the City
Council which convened at 7:30 p.m., regarding the Closed Session,
that Council had taken no action but will be reconvening after the
regular Council Meeting.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:22 p.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted in accordance with the Brown
Act.
December 5, 1989
367
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
DECEMBER 5, 1989
The meeting convened at 7:42 p.m. (following the Community
Improvement Commission Meeting), with President Corica presiding.
The Pledge of Allegiance was led by Councilmember Thomas. Reverend
Doug Henderson gave the invocation.
ROLL CALL
MINUTES
Present: Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica - 5.
Absent: None.
Councilmember Withrow moved to approve the minutes of the Special
Council Meetings of November 14, 1989, and November 21, 1989.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
Announcement by Mayor of Closed Session action(s).
89 -914 President Corica announced Council took no action at the 7:00
p.m. Closed Session and would be meeting again in Closed Session
directly following the regular Council Meeting. The agenda items for
the Closed Session were as follows:
a) 1082 Pension Improvement Committee, pursuant to Subsection (a) of
Government Code Section 54957.6 of the Brown Act.
b) Acquisition of Linoaks Property, pursuant to Government Code
Section 54956.8 of the Brown Act.
c) Significant exposure to litigation: Port of Oakland and the City
of Alameda, pursuant to Subsection (b) of Section 54956.9 of the
Brown Act.
d) City v. Mitcheom, pursuant to Subsection (a) of Section 54956.9
of the Brown Act.
CONSENT CALENDAR
The following items were removed from the Consent Calendar
regular agenda:
to the
At the request of Councilmember Thomas, the following agenda items
were removed:
No. 1 -A (See 89 -934), report regarding
No. 1 -E (See 89 -935), report regarding
and Business Improvement Area fees;
No. 1 -K (See 89 -942), resolution authorizing
of certain City tax revenues;
No. 1 -N (See 89 -943), resolution regarding
Project; and,
budget reductions;
refunding business
license
agreement for audit
Bay Area Ridge Trail
December 5, 1989
No. 1 -S (See 89 -944), ratification of Bills.
At the request of Councilmember Withrow, Agenda Item No. 1 -G, (See
89 -940), resolution authorizing open market negotiation for certain
earthquake damage repair.
At the request of Councilmember Camicia, Agenda Item No. 1 -J, (See
89 -941), resolution proclaiming continuing emergency. -
Councilmember Withrow moved approval of the remainder of the Consent
Calendar. Councilman Arnerich seconded the motion which was carried
by unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
REPORTS AND RECOMMENDATIONS
*89 -915 From Public Works Director recommending acceptance of the
work by Gateway Landscape Construction Company for North Loop Road
Landscape Improvements, No. P.W. 10- 88 -16. Accepted.
*89 -916 From Public Works Director recommending acceptance of the
work by Dalton Construction Company for construction of Phase 2 Sewer
Rehabilitation and Relief Project, No. P.W. 4- 87 -10. Accepted.
*89 -917 From Public Works Director concerning re- evaluation of
availability of local share funds and authorizing submittal of
Statement of Understanding for SB140 Project, SR61 at San Leandro
Bridge, BR No. 33 -86, (Bay Farm Island Bridge). Accepted.
*89 -918 From Library Director regarding status of new Main Library
Project. (Continued from the November 21, 1989, Council Meeting)
Accepted.
RESOLUTIONS
*89 -919 Resolution No. 11894 "Awarding contract and authorizing
execution thereof to Environmental Resources, Inc. for operation and
maintenance of the Gas Control System at the Doolittle Landfill."
Adopted.
*89 -920 Resolution No. 11895 "Authorizing the filing of applications
with the Metropolitan Transportation Commission for allocation of
Transportation Development Act Funds for Fiscal Year 1990 -91."
Adopted.
*89 -921 Resolution No. 11896 "Awarding Bid M.S.P. 10 -89 -1 Transit
Concrete Mix, December 1, 1989 through November 30, 1990 and
authorizing execution thereof." Adopted.
*89 -922 Resolution No. 11897 "Authorizing staff to solicit proposals
for ambulance billing system and providing appropriation therefor."
Adopted.
*89 -923 Resolution No. 11898 "Awarding contract to best responsible
bidder, as determined by the Public Works Director, and appropriating
December 5, 1989
369
funds for construction of Yorkshire Road Sanitary Sewer Pump Station
and other sewer rehabilitation at various locations, No. P.W.
10- 89 -17." Adopted.
FINAL PASSAGE OF ORDINANCES
*89 -924 Ordinance No. 2462, N.S. "Amending the Alameda Municipal
Code by amending Section 11- 14B13(q) of Chapter I, Title IX, thereof,
relating to flags." Adopted.
*89 -925 Ordinance No. 2463, N.S. "Amending the Alameda Municipal
Code by amending Section 4 -217 of Article 1, Chapter 2, Title IV
thereof regarding alcohol in parks." Adopted.
*89 -926 Ordinance No. 2464, N.S. "Amending the Alameda Municipal
Code by amending Section 17 -242 of Title XVII thereof to remove
"commercial vehicles excepted" from the left -turn prohibition signage
on Park Street at Blanding Avenue." Adopted.
RETURN TO REGULAR AGENDA
HEARINGS
89 -927 Consideration of Proposed Negative Declaration (I5 -89 -9) for
Zoning Text Amendment, ZA -89 -4 to permit parking of automobiles,
recreational vehicles and trailers in driveways in any required front
yard or the side yard on the street side of a corner lot, where the
Zoning Ordinance now prohibits such parking. Applicant: City of
Alameda.
President Corica announced the procedure of the hearing.
The Planning Director explained the background of the matter, noting
that the Planning Board recommendation is to not amend the ordinance.
On the call for proponents, the following persons spoke:
Phil S. Benford, 400 Haight Avenue, in favor of parking RVs in front
of owners' residences.
William F. George, 1207 Union Street, in favor of parking in
driveways.
Elaine Short, 439 Taylor Avenue, in favor of parking in driveways.
Patricia Souza, 900 Delmar Avenue, in favor of not being forced to
park RVs away from owner's property.
Frances J. Schaniel, 1213 Rosewood Way, in favor of not being
required to park RVs away from owner's home.
Sam Short, 439 Taylor Avenue, in favor of allowing people to park in
their driveways.
Michael C. Joyce, 1726 San Antonio, in opposition to Planning Board
recommendation, and the curtailment of individual rights.
Arthur Rose, 321 Maitland Drive, in opposition to prohibiting parking
of RVs in owner's driveways.
Robert DeCelle, P.O. Box 1606, Bay Farm Island Improvement League,
in opposition to recommendation of the Planning Board.
Stanley R. Baker, 1426 Mound Street, in opposition to erosion of
December 5, 1989
0
owner's rights concerning parking RVs.
On the call for opponents, the following persons spoke:
Don Patterson, 1256 Sherman Street, in opposition to changing the
ordinance to allow parking of RVs in driveways.
President Corica closed the public portion of the hearing.
Councilmember Withrow inquired about enforcement of the ordinance and
complaints received.
The City Manager responded the ordinance is enforced on a complaint
basis only, he believes there are probably 6 to 12 complaints per
year, if the vehicle is tagged, there is notification of violation
and if a correction is not made, a citation is issued.
In response to Councilmember Withrow's inquiry regarding enforcement
on cars, the City Manager stated there has been enforcement on
complaints regarding cars on lawns or places other than driveways.
Councilman Arnerich commented the issue arose several months ago
primarily because of storage of recreational vehicles (RVs) on the
streets, however, most people use their RVs frequently, sometimes
daily, therefore Council is attempting to amend the Zoning Ordinance
to permit parking in driveways; and requested the City Attorney
advise what procedures are necessary if the ordinance is to be
returned to the Planning Board.
The City Attorney responded if it is Council's will that the
ordinance be amended to include RVs and travel trailers, the item
should be referred to the Planning Department, and a new Negative
Declaration and Initial Study would need to be prepared to conform to
the opinion of the Council.
Councilmember Camicia commented that this is the most dense community
in the Bay Area; suggested Council consider the possibility of a use
permit process, so that people on both sides of the issue could have
input.
President Corica stated the proposed ordinance might have a
detrimental effect on those people who do not want cars parked in
driveways. Mayor Corica also noted that RV owners prefer to have
their motor homes in sight.
Councilmember Camicia stated rights of persons without RVs must be
protected; a use permit process, which could be done by a planning
administrator, would allow public input.
The City Attorney noted consideration of use permits would need to go
to the Planning Board.
Councilmember Withrow moved to return the matter to the Planning
Board for review, with consideration of guidelines and a use permit
process for control purposes. Councilmember Camicia seconded the
motion.
December 5, 1989
3
Councilman Arnerich inquired if the motion includes any type of
vehicle in driveways.
Councilmember Withrow stated it would include, RVs, autos, or any
other vehicle.
Councilmember Camicia stated the point is to get the RVs, boats, or
whatever, off the street and if owners can get them into driveways
where it does not bother the neighbors, there should be no problem.
Councilmember Thomas stated there appears to be too much government
control; it does not bother her if people park on the street in
front of their own houses or in their own driveways; requesting
people to obtain a use permit is another degree of government overlay
on someone's rights and she cannot support it; she would like to see
the ordinance amended with some specific directions to the Planning
Board, e.g., specified footage clearance, and not leave anything to
interpretation but specify whatever is required.
Councilmember Withrow stated the motion is to return the ordinance to
the Planning Department with guidance to review revisions which would
allow all vehicles to be parked in driveways, and consideration of a
use permit process providing the City some control over the
ordinance.
President Corica suggested Council consider allowing people to park
as originally permitted and recommend RV owners park their vehicles
in driveways, if possible, to get them off the street.
Councilman Arnerich stated he believes if owners can park vehicles in
their driveways, 20 or 40 feet or longer, they should be allowed to
park other types of vehicles; and he could support the motion if the
use permit requirement is omitted.
Councilmember Withrow stated he will delete the use permit
requirement from the motion.
Councilmember Camicia inquired if the current complaint procedure
could be kept, and Councilman Arnerich answered affirmatively.
President Corica clarified that the matter should be sent back to the
Planning Board with Council's recommendation that RVs and automobiles
be allowed to park in driveways.
Councilmember Withrow stated that is the motion.
Councilmember Camicia stated he will second, as long as he is sure
the complaint procedure is in place. The motion was carried by
unanimous voice vote - 5.
89 -928 Consideration of Zoning Text Amendment, ZA -89 -6, to amend
Section 11- 14A7(i) of the Alameda Municipal Code, regarding required
driveway widths to eliminate confusing wording and provide clarity.
Applicant: City of Alameda.
December 5, 1989
372
President Corica announced the procedure of the hearing.
The Planning Director explained the background of the matter.
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 Withrow moved approval of the recommendation.
Councilmember Thomas stated she has concerns about the l0 -foot
limitation, few people in the City have single garages; if there is
a two -car garage, the owner is entitled to a driveway width that is
commensurate with the width of the garage.
President Corica and Councilmember Withrow agreed with Councilmember
Thomas.
Following a discussion regarding the width of the driveway in
relation to the length of the driveway, narrowing down of driveways,
etc., Councilmember Thomas stated she believes people should be
allowed to have a driveway up to 16 feet in width.
Councilmember Camicia clarified the motion is amended to delete the
10 -foot limitation and seconded the motion.
The motion was carried by unanimous voice vote - 5.
89 -929 Ordinance No. s N.S. "Amending the Alameda Municipal
Code by amending Section 11- 14A7(i), Chapter 1, Title XI, thereof,
relating to driveway widths."
The ordinance was amended as noted above and will be before the
Council, at the next Council meeting, for final adoption.
REPORTS AND RECOMMENDATIONS
89 -930 From Chairman, Historical Advisory Board, regarding issuance
of Bonds for the seismic upgrading of City Hall and the Carnegie
Building.
Robert DeCelle, P.O. Box 1606, Chairman, Historical Advisory Board
(HAB), stated if a bond issue is going on the June ballot, staff must
be directed to move quickly to do what is necessary, e.g., determine
the cost of the bond issue.
Gerhard Degemann, 19 Sandpiper Place, stated he supports the
Historical Advisory Board's position.
Councilmember Withrow stated the HAB letter, and the issue, have both
been well - articulated by the HAB and Mr. DeCelle, believes the idea
is creative and should go to the Finance Committee, and moved the
matter be sent to the Finance Committee for review, recognizing the
time line that Mr. DeCelle mentioned, with respect to placing the
December 5, 1989
bond issue on the June ballot.
Councilmember Thomas inquired if the seismic upgrading is separable
from the renovation of City Hall; Council has had Sally Swanson do a
bid and project that combines both and perhaps the Finance Committee
should review the entire package.
Councilmember Withrow agreed.
President Corica stated Mr. Robert Wood, Planning Board President,
confirmed that he will serve on the Alameda City Hall Building
Renovation Committee, and two members of Council are needed to serve
on that Committee.
Councilmember Withrow nominated Councilmembers Arnerich and Thomas,
and Councilmember Camicia seconded the nominations.
Councilmember Thomas declined the nomination.
President Corica stated he believes Councilmembers Arnerich and
Withrow would be valuable additions to the Committee.
Councilman Arnerich commented on a series of articles which appeared
in the San Francisco Chronicle following the earthquake and a
disturbing notation was the inability of the City of Watsonville to
face up to the reality of their buildings not being fundamentally
sound; and he is pleased to see this City is looking seriously at
the issue and possibly will be placing the matter on the June ballot.
The motion was carried by unanimous voice vote - 5.
Councilmembers Arnerich and Withrow accepted the Mayor's nominations
to serve on the City Hall Building Renovation Committee.
89 -931 From Finance Director requesting Council to consider a
two -year budget for 1990 -92.
Councilmember Withrow commended the Finance Director for the idea,
concept, and timeline.
Councilman Arnerich noted the City Manager, when serving as the
Public Works Director, was involved in a two -year plan when it was
proposed several years ago and inquired if the City Manager found it
workable.
The City Manager stated it was difficult initially, however the
second year was much easier because the projection was in and only
adjustments had to be made.
Councilmember Withrow moved adoption; Councilmember Camicia
the motion which was carried by unanimous voice vote - 5.
89 -932 From Finance Director regarding proposed garbage rate
for January 1, 1990.
President Corica stated he would abstain from this item as
December 5,
seconded
increase
he has a
1989
member of his family that works for the Oakland Scavenger Company.
Don Roberts, 880 Portola Drive, discussed recently passed State
legislation requiring a 25% reduction in waste material going to
landfills; commented on systems used to encourage recycling;
recommended Council control the breakdown for monthly rates, that a
lesser fee be provided for a less than normal size garbage can, and a
surcharge greater than the $6.65 proposed for the first can; a
change in rates would encourage greater participation which is
important toward achieving State mandated goals of 25% reduction.
Councilmember Withrow stated providing motivation to decrease the
amount of trash disposed of makes sense; if Council is in a
position to change the figures, he would propose that whatever is
necessary be done to reverse the charges of the first and second can.
The City Manager stated the proposed rates were recommended by the
Joint Rate Refuse Committee after studying additional costs, and
represents the additional revenue Oakland Scavenger needs from the
franchise; Mr. Roberts's proposal can be done by the City if
Council so chooses as long as the amount of revenue produced is the
same.
In response to Councilmember Withrow's inquiry if the City is under
contract to produce more revenue, the City Manager responded the City
has a franchise past the year 2000 and a Joint Powers Agreement to
set the rates utilizing the Joint Rate Refuse Committee
recommendation.
Councilmember Withrow suggested Council revisit the 16% increase and
questioned what the impact would be if the Council said it would
approve only an 8% increase.
The City Attorney commented the agreement does not say whether the
City is obligated to follow the recommendation. The City is a member
of the Joint Powers group and is probably by implication, bound by
it, but she must review it, as the agreement is not clear; and can
investigate further.
Councilmember Withrow stated Council should request the City Attorney
to pursue whether Council needs to conform to the 16 %.
John Barni, 1380 East Shore Drive, stated if Oakland Scavenger wants
advance payment there should be a discount, otherwise there should be
monthly billing.
Gerhard Degemann, 19 Sandpiper Place, stated he believes a 16%
increase is too much.
Councilmember Thomas agreed the matter should be sent back, that the
rates should be structured as an incentive for recycling, the first
can or smaller can should be less expensive and believes the matter
should be sent back to the Committee to review whether or not
commercial is mandated, whether residential is mandated, and work
with the figures to produce the right amount, and commented there are
a number of items, including Assembly Bill 939, which will impact the
December 5, 1989
375
rates and Council needs to be cautious about granting fee increases.
Councilmember Thomas moved to send the matter back with Mr.
Roberts's suggestion; and noted the County recycling coordinator may
have some analyses that would be helpful.
Councilmember Withrow seconded the motion.
Councilman Arnerich requested staff check on the payment time period
question (e.g., 90 days) as commented on by Mr. Barni.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Thomas and Withrow - 4. Noes:
None. Absent: None. Abstentions: President Corica - 1.
89 -933 From Personnel Director submitting suggested Nepotism Policy
for consideration.
President Corica stated the recommendation is that Council should
present this issue through the bargaining units during the Meet and
Confer process.
Councilmember Thomas stated she asked this item be placed on the
agenda, and this is a very complete and good response to the issue;
and thanked the Personnel Department and the City Attorney; she
believes the meetings with the bargaining units are on an on -going
basis.
By consensus of Council, the report and recommendation were approved
by unanimous voice vote - 5.
89 -934 From City Manager regarding 0.6% budget reductions.
Councilmember Thomas stated it appears the departments are striving
to reach the goal that the City's reserves be increased to 25 %, and
commended them in their efforts; the reductions are to put the City
on a sound fiscal basis, a 25% reserve is consistent with good
policy.
Councilmember Withrow concurred.
President Corica commended the City Manager.
Councilmember Camicia inquired how the 25% reserve compares to other
cities, to which the City Manager stated high development cities run
about 30 to 40% while other cities, e.g. Union City run about 11 %;
and it is prudent to have the 25% amount.
Council voted unanimously to approve the report.
89 -935 From Finance Director regarding delegation of the authority to
refund business license and Business Improvement Area fees in
accordance with the Alameda Municipal Code provision.
Councilmember Thomas stated she believes if there is a way to tax
illegal businesses the City should do it; it would help the City
December 5, 1989
finances very much.
President Corica clarified Councilmember Thomas is referring to
making persons pay following a drug bust, and requested staff look
into the matter.
Councilmember Thomas moved approval of the report. Councilmember
Withrow seconded the motion which was carried by unanimous voice vote
- 5.
RESOLUTIONS
89 -936 Resolution No. 11899. "Establishing the Affordable Housing
Unit and Fee requirements for Title XX of the Alameda Municipal
Code." Adopted.
Scott Smithers, Paragon Group, 3 Lagoon Drive, Redwood City,
reiterated the 16 mitigation measures total approximately $743,000;
the affordable housing fee would be $550,000, bringing the total to
1.3 million dollars on the project; requested Council lower the fees
in view of mitigation measures already being done benefitting not
only the project but mostly the City through streets, curbs,
signalization, bicycle paths etc.
Councilmember Withrow inquired into Paragon's projected profit to
which Mr. Smithers responded the profit is probably in the range of
8% and would be impacted significantly by the fees.
Ed Murphy, 2618 Janis Circle, inquired if new residential development
is excluded from the fee requirements because of State law, and if
other communities exclude residential.
The City Manager responded State law requires the City do a study to
show relationship between the impact of a project and its effect on
creation of jobs for low- income people that require housing; the
initial ordinance contained a provision for residential as well as
the other classifications, however, it is recommended the City not
implement it because a clear substantiated connection has not been
established.
The Community Development Director stated that no community that has
done an AB 1600 type study has levied fees on residential
construction; those communities that do levy fees have levied the
fees prior to AB 1600 or have specific policies in their General Plan
which allow them to develop some relationship between the
construction of new residential housing and the need for affordable
housing.
President Corica inquired if staff has comparable figures from other
cities to which the Community Development Director replied the
figures she has from other cities are from cities that established
fees prior to the requirements to do the studies; and Mr. Smithers
was provided with a condition he approved relating to affordable
housing; when he asked what the fee would be, staff quoted him
housing fees in the range of $2 to $3.
December 5, 1989
3
Councilman Arnerich inquired if the fees in the study staff made were
higher, to which the Community Development Director responded, when
the studies were completed, the staff study demonstrated that in
Alameda the fees could be justified at $7.09 a square foot.
Gerhard Degemann, 19 Sandpiper Place, stated the $3.00 fee figure
could already be figured into the overall projected cost of the
project.
Councilmember Withrow moved adoption of the recommendation; and
Councilman Arnerich seconded the motion.
Councilmember Thomas stated she believes it is not equitable for the
developers who come in at the end to bear the brunt of the costs, a
disproportionate amount; she does not believe in non - residential
development subsidizing residential subsidies; if Council wants to
tax developers, there are other priorities for benefitting the City,
e.g. transit, and she cannot support the resolution.
The motion was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Camicia, Withrow and President Corica - 4.
Noes: Councilmember Thomas - 1. Absent: None.
89 -937 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Title XX thereto pertaining to Affordable Housing
requirements for new and expanded development and the procedures
therefor." Introduced.
Councilmember Withrow moved introduction. Councilmember Camicia
seconded the motion which was carried by the following voice vote:
Councilmembers Arnerich, Camicia, Withrow and President Corica - 4.
Noes: Councilmember Thomas - 1. Absent: None.
89 -938 Resolution No. 11900 "Authorizing the Mayor to execute the
agreement between the City of Alameda and the County of Alameda
providing for the collection of taxes under the Alameda Real Property
Conveyance Tax Ordinance."
Councilmember Thomas stated she believes this should be drawn to the
attention of John Barni, Sr., because this matter is in response to
some of his concerns a couple of years ago concerning transfer tax;
a transfer tax in a partnership or a corporation can also trigger the
reappraisal of property or a proportionate reappraisal; former
Finance Director was researching two transfers that could trigger
transfer tax and reappraisal, a tax was voluntarily paid in the
amount of $80,000, and it appeared that under the regulations,
reappraisal might have been triggered, or at least a proportionate
reappraisal, and she would like to know the status of the matter.
Upon concensus of Council, the resolution was adopted by unanimous
voice vote - 5.
89 -939 Ordinance No. 2465, N.S. "Amending the Alameda Municipal
Code by amending Chapter 11, Title III thereof, relating to real
property conveyance taxes." Introduced and passed.
December 5, 1989
3i8
Councilmember Camicia moved introduction and passage. Councilmember
Withrow seconded the motion which was carried by unanimous voice vote
- 5.
89 -940 Resolution No. 11901 "Authorizing the Public Works Director
to negotiate in the open market, pursuant to Section 3 -15 of the City
Charter, for the immediate repair of certain earthquake damage."
Adopted.
Councilmember Withrow stated he pulled this matter off the Consent
Calendar because he would like clarification of the figures; and
inquired if the items listed on the matrix of costs reflect all of
the damage quantified in the City.
The Public Works Director stated the $150,000 is probably a low
figure but these projects have been identified as hazardous and there
is a need to move ahead rapidly.
Councilmember Withrow noted this is the non -bid group and about
$5,000,000 will be in the bid group.
The Public Works Director stated the amount should be much less than
the estimated $12,000,000, probably around $6,000,000.
Councilmember Withrow moved adoption of the resolution.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
89 -941 Resolution No. 11902. "Proclaiming continuing state of
emergency." Adopted.
Councilmember Camicia questioned why the resolution is still
important.
The Public Works Director commented the key factor is the ongoing
cost of operating the ferry terminal, the Federal Emergency
Management Agency (FEMA) will be soon giving a cut -off date after
which they will not pay costs anymore; and the intention is to
extend the City emergency date to coincide with FEMA's date.
Councilmember Camicia stated that the emergency ordinance defines
"emergency" as an "actual or threatened existence of conditions of
disaster or extreme peril to the safety of persons or property" and
it is hard for him to vote for this resolution.
The Public Works Director stated the justification he would use and
the justification of other agencies, is that there are still problems
from the earthquake and danger from the traffic problems.
Councilman Arnerich stated he will support the resolution for one
more period of time.
Councilmember Withrow inquired if the resolution is not continued,
would the emergency lapse, to which the City Attorney replied,
legally, technically, the State requires adoption every 14 days,
December 5, 1989
(9
however FEMA may not be following that particular aspect of State
law.
Council further discussed the state of local emergency.
President Corica stated there are efforts to keep the ferry system
going; and it would appear the City should continue to -care for the
system which is providing service to the area, and to adopt the
resolution in compliance with the rules.
Following further discussion on the time period and resolution
wording, Councilmember Camicia stated he will vote for the resolution
one more time, but wants it made clear to the public there is no
"extreme peril."
Councilmember Withrow moved adoption.
Councilmember Thomas noted there is one correction to the resolution
as the earthquake was 7.1 not 7.0 magnitude.
Councilmember Withrow included that correction in his motion.
Councilmember Camicia seconded the motion which was carried by
unanimous voice vote - 5.
89 -942 Resolution No. 11903 "Authorizing the execution of an
agreement with Municipal Resource Company for audit of City property
transfer tax and utility user tax revenues." Adopted.
Councilmember Thomas questioned what trigger there should be for the
transfer tax and if the County is going to be responsible for doing
it, there are a number of things to consider; and requested the
Municipal Resource Company review triggering of non - recorded
transfers and the process to determine valuation.
The Finance Director stated she may need the assistance of the City
Attorney to make a determination if recoveries in that area can be
made, following review of Internal Revenue Service regulations.
Councilmember Thomas moved to adopt the resolution. Councilmember
Withrow seconded the motion which carried by the following voice
vote: Ayes: Councilmembers Arnerich, Thomas, Withrow and President
Corica - 4. Noes: None. Absent [from the dais]: Councilmember
Camicia - 1.
89 -943 Resoluton No. 11904 "Supporting creation of the Bay Area
Ridge Trail Project." Adopted.
Councilmember Thomas made a motion to adopt the resolution.
Councilmember Withrow seconded the motion which was carried by the
following voice vote: Ayes: Councilmembers Arnerich, Thomas,
Withrow, and President Corica - 4. Noes: None. Absent [from the
dais): Councilmember Camicia - 1.
BILLS
89 -944 Ratification of a List of Claims, certified by the City
December 5, 1989
330
Manager as correct, in the amount of $617,450.00.
Councilman Withrow moved ratification. Councilman Arnerich seconded
the motion which was carried by the following voice vote: Ayes:
Councilmembers Arnerich, Withrow and President Corica - 3. Noes:
Councilmember Thomas - 1. Absent [from the dais): Councilmember
Camicia - 1.
INTRODUCTION OF ORDINANCES
89-945 Ordinance No. , N.S. "Amending the Alameda Municipal
Code by amending Section 11-14C7(a)1., Chapter 1, Title XI, thereof,
relating to parking in driveways in front yards and side yards on
corner lots." Held.
This ordinance was considered under the related hearing, and is to be
returned to the Planning Department. (See 89-927)
89-946 Ordinance No. N.S. "Approving and authorizing the
execution of an assignment of Jiffy Lube International, Inc.
sublease for property located at 1435 Webster Street." Introduced.
President Corica stated he believes people in the Webster Street area
will be happy to have parking on property under discussion.
Councilman Arnerich stated Council has been making tremendous strides
in the revitalization of Webster Street, e.g., Independence Plaza,
and if Council can make the property into a parking lot and beautify
the area, even if it is only for 7 or 8 years, that will be great
improvement over the current very poor condition of the lot.
Councilmember Withrow stated he believes the sublease is a very good
idea and moved to accommodate the recommendation.
Councilmember Thomas stated she would like to have a report back
within a year on revenues, which would serve as a trigger to review
the matter.
President Corica inquired if that would be incorporated into the
motion, and Councilmember Withrow responded it would.
Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
NEW BUSINESS
89-947 Councilmember Thomas requested a report on cost effectiveness
of a process to pay citizens for information regarding City defects,
e.g., cracked sidewalks.
89-948 Councilmember Thomas requested report on involving College of
Alameda or Alameda High School students in televising some of the
additional meetings.
89-949 Councilmember Thomas suggested Council consider preparing a
breakfast for City employees to express Council's appreciation for
December 5, 1989
the work of the employees.
Council discussed the idea, the location possibilities, was receptive
to the suggestion, and by consensus, agreed to further consider the
matter.
89 -950 President Corica requested a report from staff regarding the
status of the procurement of a third police dog, noting that funds
have been allocated for the dogs and he would like to see the dogs on
line.
89 -951 Councilmember Withrow requested staff prepare a resolution
that would be addressed to the Superintendent of Schools, Alameda
Unified School District, and the Board of Education, that would state
on a positive tone that this Council looks forward to working with
the School District in addressing any and all issues where there is a
common theme, and apologize for any deprecating comments by Council
at the last meeting.
President Corica stated he looks forward to working with the School
District but would not vote for the suggested resolution.
Councilmember Camicia commented there must be a cooperative effort
when working toward the school site.
President Corica stated he has been talking with Sam Huie, President
of the Board of Education, and he and Mr. Huie plan to have a
meeting and provide a foundation for a meeting of Council and the
School Board; he believes there is a meeting with the City Manager
and the Superintendent of Schools.
Councilmember Withrow stated the meeting includes Councilmember
Arnerich and himself.
Councilmember Withrow requested President Corica, after meeting with
Mr. Huie, document in written form the issues that were raised,
discussions held, and pertinent factors involved, and pass the
information to Councilmembers so that Council can be kept informed.
Councilmember Withrow stated, if President Corica makes a report back
in writing and advises Council of the issues and the key elements
discussed, that is fine.
ORAL COMMUNICATIONS, GENERAL
89 -952 Gerhard Degemann, 19 Sandpiper Place, commented on concerns
regarding increase in garbage rates.
89 -953 Don Roberts, 880 Portola Drive, commented on considering a
legal opinion regarding the Brown Act in connection with polling of
public officials.
December 5, 1989
38
ADJOURNMENT
President Corica adjourned the meeting at 11:25 p.m., noting that
Council would be going into Closed Session as announced earlier in
the evening. (See 89 -914)
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance in
accordance with the Brown Act.
December 5, 1989
ADJOURNED SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
DECEMBER 5, 1989
The adjourned special meeting was convened at 11:30 p.m. with
President Corica presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and
President Corica - 5.
Absent: None.
89-954 President Corica adjourned the meeting to a Closed Session
to consider:
a) 1082 Pension Improvement Committee, pursuant to Subsection (a)
of Government Code Section 54957.6 of the Brown Act.
b) Acquisition of Linoaks Property, pursuant to Government Code
Section 54956.8 of the Brown Act.
c) Significant exposure to litigation: Port of Oakland and the
City of Alameda, pursuant to Subsection (b) of Section 54956.9 of
the Brown Act.
d) City v. Mitcheom, pursuant to Subsection (a) of Section
54946.9 of the Brown Act.
[The following action was taken: Regarding the 1082 Pension
Improvement Committee, no action was taken; regarding acquisition
of the Linoaks property, the status of the matter was discussed;
regarding Significant exposure to litigation: Port of Oakland and
the City of Alameda, the status and authorized retention of expert
to analyze airport operations was discussed; and regarding City
v. Mitcheom, settlement agreement was approved.]
ADJOURNMENT
There being no further business to come before the Council,
President Corica adjourned the meeting at 12:45 a.m.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted in advance according to the
Brown Act.
December 5, 1989