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1993-01-05 Regular CC MinutesMINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL JANUARY 5, 1993 The meeting convened at 8:18 p.m. (following the Housing Authority Board of Commissioners' Meeting), with President Withrow presiding. Councilmember Appezzato led the Pledge of Allegiance, and Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Appezzato, Arnerich, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT OF CLOSED SESSION ACTIONS. Mayor Withrow announced that Council convened in Closed Session at a Special Meeting held at 6:00 p.m. to consider: 93-004 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: Mayor Withrow stated Council provided instructions to negotiator. 93-005 Pending Litiaation, pursuant to Subsection (a) of Section 54956.9 of the Brown Act: Murphy v. City of Alameda: Mayor Withrow stated Council authorized filing of a Petition for Review with the California Supreme Court. Guvton v. City of Alameda: Mayor Withrow stated no action was taken. ACEA v. City of Alameda: Mayor Withrow stated no action was taken. 93-006 rinitiation of Litiaation: No action was taken.] PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY 93-007 Presentation of Grant Award from the Curbside Recycling Charitable Contribution. Mayor Withrow presented award to Alameda Chapter of the American Red Cross. James Franz accepted the award, on behalf of the American Red Cross, with expression of appreciation. * * * * Mayor Withrow announced the report regarding loan of Traffic Improvement Funds for Ferry Services would be taken out of order. 93-008 Report from Public Works Director and Community Development Director regarding a Loan of Traffic Improvement Funds (TIF) for Ferry Services related to Business Attraction. William Garvine, Executive Director, Chamber of Commerce; Member, January 5, 1993 Alameda Board of Education, noted economic benefits, support of Chamber members; and potential "UCSF/schools partnership" to enhance science curriculum and demonstrate occupational opportunities; encouraged Council consider recommendation. Bruce Kern, Director of Economic Development, Alameda County, and Alameda County Economic Development Advisory Board [EDAB]; stated EDAB is a joint effort of Alameda County and cities within the County; the proposal is historic; noted support of, and benefit to, Alameda and surrounding cities, importance from standpoint of research & development, educational and future job opportunities; and urged Council's support. Responding to Councilmember Appezzato, Mr. Kern explained how San Leandro and Emeryville will proceed; stated the University is a regional asset; Alameda is identified as second-campus option. Vice Mayor Lucas noted potential job opportunities; Mr. Kern stated 30,000+ jobs have been lost over the last eight years; the University would provide a nexus for manufacturing jobs. In response to Councilman Arnerich, Mr. Kern stated in September, Bruce Spaulding, Vice Chancellor, University Advancement and Planning, UCSF, addressed EDAB and referenced a 10-year expansion plan for the University to meet its growth; a set of interim actions include: recommending to the Regents later this month a lease-up of about 40,000 square feet which would create 60 jobs here [in Alameda], an independent report, paid for by the University, calls for 150,000 square feet and about 500 jobs to the Harbor Bay area; Harbor Bay is recommended as the principle site; in June, 1993, a recommendation will be given the Chancellor for a long-term best second-campus site location, and by June, 1994, all necessary environmental impact reports, mitigations, and related issues will be dealt with; what is before Council is a short-term secured investment. Councilman Arnerich stated he would like confirmation that the proposed 7000 workers would be interspersed throughout the entire [regional] area, not on HBI. Mr. Kern confirmed, and added the medical facilities will be strengthened as well. Don Perata, Alameda resident, Alameda County Board of Supervisors, stated the effort is regional; gave background of EDAB, noting Alameda was a founding member, all 14 County cities are now involved; the purpose was to arrest job losses; the County has lost 45,000+ jobs over a 13-year period; noted progress made by EDAB, interaction with UCSF; the loan is not a gift but an investment and an opportunity. Owen Marron, Executive Secretary, Alameda Central Labor Council, Oakland, stated he was present on behalf of 75,000 Alameda County union members, of which 6000+ live in Alameda, to urge Council to January 5, 1993 vote in favor of the loan; the City and citizens will benefit. Herb Shelmadine, Alameda, Inlandboatmen's Union of the Pacific, [IBU/ILWU], Master, Mates & Pilots [MMP] stated he supports the proposed loan, and ferry system; believes ferry industry will grow, eliminate many cars from the highway, and pollution will be reduced. Greg Beattie, Member, Board of Directors, Chamber of Commerce, noted concerns to consider and address, e.g., citizen concern about traffic, San Franciscans eager to retain UCSF; urged Council aggressively pursue matter, and consider benefits of the proposal. June Catalano, Director of Development Services, City of San Leandro, stated the San Leandro City Council discussed this issue at a meeting Monday evening [1/4/93], was positive and responsive and directed the City Manager to pursue the issue; no substantive issues were raised. Gerhard Degemann, Alameda, stated he favors the project; and noted it is important to address the issue of traffic. John Barni, Sr., Alameda, stated he favors the plan providing the financing is not done by the City, as the City is not in the business of financing. President Withrow stated the loan would not include financing direct to the development, would be secured, and would include the cost of money as an interest factor. The City Manager stated that money would be loaned from the Traffic Improvement Fund created by Council when 1988 Development Agreement between City and Harbor Bay was approved, and provides that monies from the Business Park development go into the fund, to pay for traffic mitigation projects, e.g., the widening of Doolittle Drive, future High Street and Central Avenue projects; ferry funding would be appropriate as it would mitigate traffic impacts from that development. The City Manager stated the $2,200,000 that persons may. have read about in newspapers includes developer's contribution of $750,000 for purchase of a ferry, the remainder is for operational funds; all other jurisdictions would be loaning money for this project to the extent they have developable lands and benefit they would receive; both San Leandro and Emeryville have given concept approval and that is what Council is being requested to do; and staff would negotiate terms of loan agreement and the matter would come back at a later date for final approval. In response to Councilmember Appezzato, the City Manager reviewed the amount of funds in the TIF, and stated there would be no projects that would not be able to be completed as a result of this project. January 5, 11993 5 Councilmember Appezzato stated he will be interested to see what other cities will provide for this project, will want to know the interest rate, collateral, and length of the loan, accommodations made with UCSF or the developer for in-lieu fees to cover any City services provided; and inquired if 20 businesses have noted interest or submitted letters of commitment. Mr. Kern replied the University Vice Chancellor stated he has letters of commitment. Councilmember Appezzato stated he supports the concept; however, citizens need to be assured Council will protect their interest. Councilmember Roth stated concern has been expressed about TIF funds; however, the money came from the developer to help ease the traffic situation irrespective of who moves in; in essence, the City is loaning the developer his own money, not General Fund money or taxpayers' money. President Withrow agreed. The City Manager stated the purpose of the TIF was to mitigate impacts of the traffic on the community; if a viable ferry service can be established, that would help mitigate traffic to the Business Park; the decision process was to be made between City staff and developer and presented to Council at budget time; the only reason Council is considering the matter at this time is because Council is loaning the funds instead of expending them. Councilman Arnerich stated there are many concerns to be addressed including traffic, sea life. The City Manager stated the developer is also counting on people relocating to Alameda and buying homes in Village V, and less people may be coming from outside the community than currently anticipated. Councilman Arnerich moved the recommendation to approve the concept of the participation of the Harbor Bay Traffic Improvement Fund in the amount of $400,000 as [stated] in the [staff] report [dated 12/24/92]. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. Mayor Withrow called a Recess; the meeting reconvened at 9:43 p.m. CONSENT CALENDAR At Councilmember Roth's request, report 93-015 regarding increase in property transfer tax, and at request of citizens, reports 93- 014 regarding Quarterly Sales Tax, and 93-016 regarding Ferry Vessel, were removed from Consent Calendar for discussion. January 5, 1993 Vice Mayor Lucas stated she would abstain from voting on the December 15, 1992, minutes as she was not present. Vice Mayor Lucas moved the remainder of the Consent Calendar. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5 [except for one abstention on *93-009. Items so enacted or adopted are indicated by an asterisk. *93-009 Minutes of the Regular Council Meeting held on December 15, 1992, Special Meeting of December 15, 1992. [One abstention: Vice Mayor Lucas] Approved. *93-010 Report from City Auditor exercising the option to extend for three years the contract for Maze and Associates, external auditors. Accepted. *93-011 Report from the Community Development Director regarding Annual Review of the Affordable Housing Ordinance. Accepted. *93-012 Resolution No. 12360 "Authorizing Participation in State/Federal Surplus Personal Property Program." Adopted. *93-013 Bills, certified by the City Manager to be true and correct, were ratified in the amount of $2,359,171.53. Ratified. 93-014 Report from the Finance Director transmitting Quarterly Sales Tax Report for period ending September 30, 1992. Gerhard Degemann, Alameda, stated it is important to elaborate on income the City had in the same quarter in 1991; and to provide information on the effects to Alameda's economic situation. The City Manager reviewed Sales Tax comparisons and projections, and provided Mr. Degemann with a copy of the Staff Report. Councilman Arnerich moved acceptance. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. 93-015 Report from Finance Director recommending an increase in the property transfer tax and a public hearing scheduled for January 19, 1993. (Councilman Arnerich) John Barni, Sr., Alameda, stated that he is not in favor of an increase. Councilmember Roth stated he does not believe Council should be looking at raising any taxes until there is a definite reason, e.g., closing libraries. Mayor Withrow concurred. Vice Mayor Lucas stated that she concurred with Councilmember Roth and Mr. Barni, and she will not vote for the recommendation. January 5, 1993 7 Councilman Arnerich stated that he merely is asking Council to look at the matter, and moved that Council have brought back at their next meeting, a proposal of what a dollar, a dollar fifty, and two dollars would mean in the appropriation of a transfer tax. [No second was stated.] Under discussion, Councilmember Appezzato stated raising revenue will be difficult and hard choices will have to be made; Council needs to look at alternatives, and he supports Councilman Arnerich's recommendation to look at the issue. The motion failed by the following voice vote: Ayes: Councilmembers Arnerich, Appezzato - 2. Noes: Councilmembers Lucas, Roth and President Withrow - 3. Absent: None. 93-016 Report from the Public Works Director concerning Alameda/Oakland Ferry Vessel; Amendments to Engineering Consultant Contracts, Authorization to proceed with Ferry Vessel Design and Allocation of Measure B Funds. Herb Shelmadine, Alameda, stated he supports the recommendation; and City should invest in larger vessel. Councilmember Roth moved the recommendation. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-017 Public Hearing to Consider a resolution establishing Garbage Rates for 1993; Resolution No. 12361 "Establishing Garbage Rates for 1993." Adopted. Report from Finance Director recommending Approval of Agreement with Oakland Scavenger Company for Provisional Charges for Closure and Post Closure Maintenance of Altamont Sanitary Landfill. The Finance Director explained the background of the matter, including the Joint Refuse Rate Review Committee (JRRRC) process. Councilmember Roth commented a family of several members is penalized even though they may be more efficient in waste disposal than a couple, because a second can costs more than a first can. The City Manager stated Council can determine the policy; present policy is to create incentives to produce less waste to meet AB939. President Withrow commented on the necessity of reaching the goal of reducing waste stream 25% by 1995, as mandated by the State, and carries very heavy penalties if not met; incentives have been working and will ultimately benefit the citizens and City as the City proceeds toward reaching the goal. Councilman Arnerich stated mini can usage started with 96 families January 5, 1993 and currently 1400 participate. The City Manager stated the City is working toward recycling of additional items and composting. President Withrow stated composting should be on line this year. The Public Works Director provided information concerning the recycling program and projected activities. Dave McDonald, Executive Vice President, Oakland Scavenger, in response to Councilman Arnerich, explained only one person is on a recycling truck because of curbside recycling program, while backyard service is provided for garbage pickup. Councilman Arnerich moved recommendation. Vice Mayor Lucas seconded the motion. Councilmember Appezzato stated he believes the service is superb but he will not vote for increase because of the economy; service companies must stop wage increases just as other businesses must. President Withrow stated Council's authority is limited; Council can address a reasonable rate of return, and can request the JRRRC reassess. Councilmember Appezzato stated whatever is necessary, perhaps Council should look at it; Council needs to send a message that it is not "business as usual" until the economy improves. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Lucas, and President Withrow - 3. Noes: Councilmembers Appezzato and Roth - 2. Absent: None. 93-018 Report from Finance Director transmitting the Comprehensive Annual Report, Fiscal Year Ending June 30, 1992 (Audit Report). [Councilman Arnerich commented on Maze letter contract, stated the firm is to be commended. See Paragraph *93-0101. Councilmember Roth moved acceptance. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-019 Ordinance No. 2623, N.S. "Amending the Alameda Municipal Code by Adding Article V to Chapter III (Finance and Taxation) Thereof, Providing for the City of Alameda Maintenance Service Law, Including General Provisions and Definitions, Powers and Procedures for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions." Councilmember Roth moved adoption. Vice Mayor Lucas seconded the motion which carried by unanimous voice vote - 5. January 5, 1993 93-020 Ordinance No. 2624. N.S. "Amending the Alameda Municipal Code by Amending Subsections 7-2.1(e) (1), 7-2.2, 7-3, 7-3.1, 7-3.2, 7-3.4, 7-3.5, 7-3.6 and 7-10.1(c) and Amending by adding Subsections 7-2.1(a)(7) and 7-2.1(i)(1) to Chapter VII (Animal Control) pertaining to Licensing and Vaccination of Cats." Adopted. [See 93- for Council action] 93-021 Resolution No. 12362 "Amending Master Fee Resolution No. 12191 Relating to License Fees for Dogs and Cats." Adopted. Vice Mayor Lucas moved adoption [of Ordinance and Resolution]. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. 93-022 Written Communication from John Barni, Jr., Alameda, suggesting the City develop a plan to create income out of non- or low-return investments. The City Clerk announced that earlier in the evening a letter from Mr. Barni was left at the dais responding to the Assistant City Manager's report. Councilman Arnerich moved acceptance of the letter [without action]. Councilmember Roth seconded the motion which carried by unanimous voice vote - 5. NEW BUSINESS AND UNFINISHED BUSINESS 93-023 Consideration of appointment of Vice Mayor. (Continued from December 15, 1992, Regular Council Meeting) Councilman Arnerich commented on, and retracted, his strong statements in expressing dissatisfaction with the Mayor's choice of nomination for Vice Mayor at the December 15, 1992, Council Meeting, and nominated Councilmember Richard Roth as Vice Mayor. Vice Mayor Lucas seconded the motion. Councilmember Appezzato stated he was prepared to nominate Councilman Arnerich because of the number of votes he received. The motion was carried by unanimous voice vote - 5. The City Clerk administered the Oath of Office to Richard Roth as Vice Mayor. 93-024 Consideration of a nomination for appointment to the Housing Commission to fill current vacancy. Mayor Withrow nominated David A. Mercado for appointment as Member of the Housing Commission. 93-025 Appointment by Mayor Withrow to the Finance Committee to fill current vacancy. January 5, 1993 Mayor Withrow appointed Harry W. Reppert as Member of the Finance Committee. 93-026 Appointment by Mayor Withrow to the Airport Operations Committee to fill current vacancy. Mayor Withrow reappointed Joseph Camicia as Member of the Airport Operations Committee. ADJOURNMENT Mayor Withrow adjourned the meeting at 10:47 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. January 5, 1993