1993-12-21 Regular CC MinutesMINUTES OF REGULAR MEETING OF THE CITY COUNCIL
DECEMBER 21, 1993
The meeting convened at 7:30 p.m. with President Withrow presiding.
Councilmember Lucas led the Pledge of Allegiance. Reverend Michael
Yoshii, Buena Vista United Methodist Church gave the invocation.
ANNOUNCEMENTS OF CLOSED SESSION ACTION.
93-756 Mayor Withrow announced that, at 7:05 p.m., Council
adjourned to Closed Session to consider:
Mulvey v. City of Alameda, pursuant to Subsection (a) of
the legal counsel section of the Brown Act: Mayor Withrow stated
no action was taken.
PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY
93-757 Mayor Withrow stated that in response to an offer from
the White House to submit a nomination concerning the 1994
President's Volunteer Action Award, he has submitted the name of
Jack Capon, Alameda, recognizing his contributions in Special
Olympics, local, state and national activities.
CONSENT CALENDAR
Mayor Withrow, at the request of Councilman Arnerich, removed
report (93-767) on Pension Plan 1082, and report (93-768) on Five-
Year Budget, from the Consent Calendar for discussion.
Councilmember Lucas moved approval of the remainder of the Consent
Calendar. Vice Mayor Roth seconded the motion which carried by
unanimous voice vote - 5.
Items so enacted or adopted are indicated by an asterisk.
*93-758 Minutes of the Regular Council Meeting of December 7,
1993, and the Special Council Meeting of November 30, 1993.
Approved.
*93-759 Report from Public Works Director Recommending Acceptance
of Work by W. R. Forde Associates for Grand Street Boat Launching
Facility Improvements, No. P.W. 10-92-16. Accepted.
*93-760 Report from Public Works Director Recommending Acceptance
of Work by Pioneer Roofing Organization for Mastick Senior Center
Roof Reconstruction, No, P.W. 9-92-14. Accepted.
December 21, 1993
*93-761 Report from Community Development Director Regarding
Annual Review of the Affordable Housing Ordinance. Accepted.
*93-762 Report from the Community Development. Director Forwarding
Annual Report of the Community Improvement Commission to the City
Council and the State Controller. Accepted.
*93-763 Report from Finance Director Transmitting Investment
Portfolio for period ending November 30, 1993. Accepted.
*93-764 Report from Finance Director Regarding Amendment to the
City of Alameda Investment Policy to add Section on Trust
Agreements for the Investment of Bond Proceeds. Accepted.
*93-765 Resolution No. 12485 "Fixi-ng the Employer's
Contribution Under the Public Employees' Medical and Hospital Care
Act." Adopted.
*93-766 Bills, certified by the City Manager to be true and
correct, were ratified in the sum of $2,253,102.18.
93-767 Report from Finance Director on Status of Pension Plan
1082.
Councilman Arnerich stated he would like the City Manager and staff
to provide a more detailed account as to where this [matter] could
possibly be headed; unless the City is on top of this [situation],
this could be a costly addition to City's budget in years to come.
The City Manager reviewed the background of the matter, noted
health and dental plans provided to 1082 Plan members in 1990;
subsequent reduction of funds, as no current members pay into the
fund; fund will be extinguished in approximately 12 months which
will require General Fund payment unless Council makes changes.
In response to Mayor Withrow's query if the Council or City can do
anything to avoid drain on General Fund, the City Manager replied
the issue is a legal issue as to whether the Council is required to
continue the benefits, or may vote to change the benefits.
The City Attorney stated Council could direct her to prepare a
report analyzing whether or not the benefit can be changed.
Mayor Withrow stated he would like that.
Vice Mayor Roth stated he would like, in that report, whether
Council could freeze, and avoid escalation, of costs.
Councilman Arnerich stated he would like staff to take whatever
time is necessary to delve into all possibilities and implications
for years to come, and moved acceptance of the report with
December 21, 1993
instructions to City Manager's Office and the City Attorney [for
further reports]. Vice Mayor Roth seconded the motion which
carried by unanimous voice vote - 5.
93-768 Report from Finance Director on Five-Year Budget.
Councilman Arnerich stated that, on Attachment B, Page 2, of
report, regarding possibility of minimum staffing level of parks;
the last thing to do is minimize parks as youth are trained and
developed there; regarding price level on a parcel tax, he would
like on record he will not support any parcel tax, assessment tax,
or fee increase, and would not like it to come back to Council.
Councilmember Lucas agreed with Councilman Arnerich.
President Withrow concurred, stating the issue of no cuts and no
taxes leaves Council with only one alternative: increase revenue;
the City has cut a great deal, can only cut so far and quality of
life deteriorates; the energies of City and Council must be focused
on ways to improve economic base and increase revenue.
Vice Mayor Roth stated he is happy with a two-year budget and five-
year forecast, and moved adoption.
President Withrow commended the Finance Department and Director.
Councilman Arnerich seconded the motion which carried by unanimous
voice vote - 5.
AGENDA ITEMS
93-769 Resolution No. 12486 "Appointing Max D. Baylosis as
a Member of Cable Television Advisory Committee." Adopted.
Councilmember Lucas moved adoption. Vice Mayor Roth seconded the
motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-770 Resolution No. 12487 "Appointing Barry E. Chinn as a
Member of the City Civil Service Board." Adopted.
Councilmember Lucas moved adoption. Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
The Deputy City Clerk administered the Oath of Office.
93-771 Resolution No. 12488 "Supporting School to Work
Transitional Programs." Adopted.
To Hirtle, Alameda, President, Ashlock Company, San Leandro,
December 21, 1993
Economic Development Advisory Board (EDAB) of Alameda County,
stated EDAB's mission; and that one component is to have a quality
competitive job force and Education/Work Force Committee; the
presentation focused on School-to-Work Transition Program; and
stated communities are requested to adopt resolution of commitment,
and participate in County and city forums.
President Withrow thanked Mr. Hirtle for his presentation and the
time and expertise he brings to the program.
Councilman Arnerich expressed his interest in the subject, and his
appreciation to Mr. Hirtle.
Councilmember Lucas moved approval of the presentation. Vice Mayor
Roth seconded the motion which carried by-unanimous voice vote - 5.
Actions Related to Base Conversion Process.
93-772 Status Briefing on Base Converston Process.
Neil Patrick Sweeney, Alameda, noted Base Reuse Advisory Group
activity, and suggested uses for Naval Air Station property.
The City Manager introduced David Louk, hired December 1st to work
with Don Parker as Facilities Manager.
Mr. Louk briefed Council on an aviation issues meeting to be held
on January 26th; and interest received on proposals from BART for
rework of BART cars, to which a response will be made by January
11th, and BRAG will review.
In response to Vice Mayor Roth, Mr. Louk replied he believes the
work on the BART cars would begin in late 1994 and in 1995.
President Withrow stated BART rehab program would provide level
flow of blue-collar work, take advantage of NAS facilities, and do
work previously done out-of-state.
Councilman Arnerich suggested Airport Oversight Committee be
invited to attend the January 26th meeting.
President Withrow reported that, at East Bay Conversion and
Reinvestment Commission Executive Committee meeting last Thursday
[12/16/93], City staff, including Mr. Louk, did an excellent job in
addressing the Commission; commented on shortage of funds within
Department of Defense; Senator Barbara Boxer's work session to be
held [locally] in January; federal funds appropriated October 1st,
may not be deposited until April; and a budget shortfall would
eventually severely impact Alameda and surrounding area.
93-773 Report from Planning Director on the Impact of Regional
December 21, 1993
Airport System Plan and Seaport Priority Designation on Reuse of
Alameda Naval Air Station. (Vice Mayor Roth)
Vice Mayor Roth stated he requested the matter be agendized because
he was aware Seaport Priority Designation would interfere with
economic development of City shoreline around Gateway and Encinal
Terminals and it has become a problem in NAS; designation limits
uses to basically marine-oriented users; airport designation limits
to aviation; and by law, the City must adhere to it; he would like
to not have MTC designate, and to allow BRAG to make decision.
President Withrow noted the designation applies to the entire base.
Councilmember Lucas agreed with Vice Mayor Roth; inquired which
Subcommittee would review; Vice Mayor Roth stated he hopes it would
go to all of them; and President Withrow added probably the BRAG
Chair will forward.
Councilmember Appezzato stated he is somewhat pleased that proper
process is being used; suggested airport/seaport designation be
passed to Planning Board for their public hearing if appropriate;
and recommended planning processes not be bypassed.
Vice Mayor Roth stated he does not mind Planning Board looking at
matter as they have looked at it before; noted issue is separate
from land use; City can have a seaport without the designation;
designation is a regional issue, dictating limitations.
President Withrow stated the issue is alleviating a constraint so
City can assess, as opposed to constraints from a regional agency.
In response to Councilmember Lucas's request for legal
clarification of need for Planning Board to be involved, the City
Attorney stated legal opinion is that Planning Board's jurisdiction
is to determine land uses within City; in terms of "should it go to
Planning Board," that is a question of preference of Council; on
those issues of policy, she would like to defer to Council.
President Withrow expressed appreciation for the Planning
Director's [report] package.
Councilman Arnerich stated he agrees with Councilmember Appezzato.
In response to a query from Councilman Arnerich, the City Attorney
clarified designation.
Responding to Councilman Arnerich, the City Manager stated the
seaport plan is mandatory, Bay Conservation Development Commission
is a division of State Government, and under the seaport plan, if
NAS property is converted to civilian use, the entire base would be
required to be a seaport, therefore, at some point in time, staff
December 21, 1993
4:
believes it should review with BCDC, e.g., the latitude they may
have.
Councilman Arnerich stated Council should direct staff to negotiate
with BCDC as noted by the City Manager.
Councilmember Lucas stated she believes Council should instruct
staff to wait until recommendations from BRAG are in, and have the
Planning Board look at matter concurrently.
President Withrow stated BCDC has a great deal of power; and he
believes BRAG should look at it on a priority basis.
Councilmember Appezzato stated the Planning Board should not be
bypassed, he is not convinced City is locked in to determinations,
because the Planning Director's report states Alameda can make
application for an amendment to the seaport priority designation.
Councilman Arnerich agreed; and stated Council should accept
report; and proceed as Councilmember Lucas has stated.
In response to Vice Mayor Roth, the City Manager commented on
Encinal Terminals' projects, one of which involves land designated
as seaport for a use that is not seaport; property owner notified
BCDC; BCDC will start a study in 1994 to review bases and port
areas to determine if they need to remain seaport designated areas.
Vice Mayor Roth discussed with Planning Director the General Plan
and Zoning Ordinance relative to seaport issue; stated he sees no
benefit but a number of pitfalls that limit citizens of Alameda to
decide for themselves what they want, and must support eliminating
designations so that the City can determine for itself.
Councilmember Lucas moved to follow recommendation and refer matter
to BRAG, and Planning Board; and inquired concerning a timeframe.
The City Manager suggested the first meeting of February.
President Withrow stated he is concerned Planning Board and staff
are already stressed with a great deal to do, sees benefit in
elevating understanding, would not like them do exhaustive upgrade
to where they could take action as a Board as that is premature.
Councilmember Lucas stated it may provide a stronger position in
arguing with the MTC and BCDC if there is strong support for
Council's point of view.
Councilmember Appezzato stated he does not support the region
determining what will happen with the Air Station and the seaport
designation; the question he raised is one of process and that the
City be well-informed.
December 21, 1993
The motion carried by unanimous voice vote - 5.
93-774 Role of NAS in Regional Airport System Plan.
(Councilmember Appezzato)
Jon Rodgers stated the use of NAS for civilian aviation has not
been debated in public forum, and expressed his views on such use.
Councilmember Appezzato stated the [Mayor's] letter [concerning
subject matter] should not have gone to Metropolitan Transportation
Commission [MTC] without being agendized; and moved to officially
retract the letter. He further stated the method of retraction
should be to withdraw the letter and if it comes forward in a
public hearing, then it should be by vote of this Council and sent
all over again.
Councilman Arnerich stated he would like retraction in writing to
those who were to receive copies of letter: Council, Mark Roden
(MTC staff), and certain City staff; a formal letter stating the
original letter sent was not endorsed by Council, and we wish to
recant verbiage in original letter.
President Withrow stated the letter was never sent; he can obtain
letter from Mr. Dahms that MTC never received the letter; he spoke
to Executive Director of MTC and is sure they will write the letter
as he has the original; the MTC received via some conveyance, a
copy of letter -- one copy was provided by reporter, a copy is not
official and not an action document; and he intends to clear the
record; the letter need not be retracted because it never went.
Councilmember Lucas stated the problem has been remedied; the issue
will be before BRAG and Planning Board, if mistakes were made, it
should now be forgotten, Council should work constructively and
take care of the problem; she will not support the motion, and
would like to see that in the future the process is done correctly.
The motion failed by the following voice vote: Ayes:
Councilmembers Appezzato and Arnerich - 2. Nayes: Councilmembers
Lucas, Roth and President Withrow - 3. Absent: None.
Vice Mayor Roth stated if a Councilmember wants to put something on
the agenda concerning process, that should be agendized, what was
on the agenda was the letter and Council could act on it; and
commented on discussions at the last Council meeting.
Council and City Attorney briefly discussed Council Meeting
procedure.
93-775 Alameda Reuse and Redevelopment Authority Joint Powers
Authority Agreement. (Councilmember Appezzato)
December 21, 1993
441
Julian Silverman, Alameda, stated he is worried Alameda will
follow the path of Hamilton Air Force Base which has been set aside
while, for twenty years, people have argued; the City has a golden
opportunity, if unity is evident, to bring in jobs and taxes.
Neil P. Sweeney, Alameda, expressed desire for wider publication of
meeting dates, e.g. meeting with Congressman Dellums in Oakland.
Councilmember Appezzato stated he supports basic premise of
agreement; however, will oppose Section 8 portion regarding bloc
voting; to ask Mayors of cities to sit on a commission where their
vote is meaningless makes no sense; does not believe this is
democratic, and moved portion of the Joint Powers Agreement calling
for bloc voting be stricken from the document.
Councilman Arnerich stated he had brought bloc voting to Council's
attention [at previous Council Meeting] and agrees with
Councilmember Appezzato; there is no need for any person from any
city if they do not have a vote; and will support the motion.
President Withrow stated bringing in other cities, Alameda County,
and Congressman Dellums or staff, provides communication, dialogue;
it has been proposed for the City of Oakland, with Mayors Reuse
Authority with Oakland retaining voting control so they can control
their destiny; he intends to have the four representatives come to
Alameda to discuss various aspects of Reuse Authority, goals and
objectives, benefits and weaknesses of document; and strongly
desires a bloc vote so Alameda can retain their control.
Vice Mayor Roth stated basically, City policies are, by Charter,
determined by three people; if Council went into Joint Powers
Authority with nine people, four Councilmembers from Alameda would
not be able to control.
Councilman Arnerich stated if there is a bloc vote, there is no
need for other [persons]; and seconded the motion.
Councilmember Lucas stated she agrees with Vice Mayor Roth that
Council cannot take a chance of overruling four Councilmembers by
vote of one Councilmember in opposition and uniting with non-
Alamedans on the Authority; the region is competitive; each city
attempts to obtain industries for their own cities, this is where
she sees conflict of interest; and will vote against the motion.
The motion failed by the following voice vote: Ayes:
Councilmembers Appezzato and Arnerich - 2. Nayes: Councilmembers
Lucas, Roth, and President Withrow - 3. Absent: None.
93-776 Mayor's letter to Robert Tufts, Chair, Seaport Planning
Advisory Committee, concerning Port Priority designation.
(Councilmember Appezzato)
December 21, 1993
John Scott Graham, Alameda, stated he believes Oakland would like
Alameda to take over its private aircraft; and he believes the
citizens, do not want that; and he is for the bloc vote.
Councilmember Appezzato stated the issue was adequately covered
under (93-774) and he will have no further comment on this matter.
Councilman Appezzato moved acceptance; Councilman Arnerich seconded
the motion which carried by unanimous voice vote - 5.
93-777 Issues Related to UCSF.
Mayor Withrow announced this matter was pulled from the agenda.
93-778 Public Hearing to consider- a proposed Negative
Declaration, IS 93-2 and Rezoning R-93-2, affecting the Parcels
located at 2300 and 2306 Alameda Avenue, and 1214 and 1218 Oak
Street, from C-2 (Central Business District) to R-5 (Medium Density
Residential); and
Resolution No. 12489 "Adopting Negative Declaration, IS-92-2,
for a Rezoning, for the Parcels located at 2300 and 2306 Alameda
Avenue, and 1214 and 1218 Oak Street." Adopted.
[See 93-779 for action.]
93-779 Ordinance No. N.S. "Reclassifying and rezoning
certain properties within the City of Alameda by amending Zoning
Ordinance No. 1277 for those properties located at 2300 and 2306
Alameda Avenue and 1218 Oak Street." Introduced.
The Planning Director explained the background of the matter,
noting James Thomson has sought rezoning.
Jerome Donnelly, Alameda, stated he owns 1214 Oak Street, location
has been approved for coffee shop; he would like that property
removed from properties that Planning Department wants to rezone.
Councilmember Lucas discussed the use of the second floor and Mr.
Donnelly stated it is used as a real estate office.
Councilman Arnerich stated if it is true that Mr. Donnelly had an
approval for a coffee shop and will not be able to go ahead because
of changes, that is not fair.
The City Manager stated if Mr. Donnelly has an approved permit, and
rezoning takes place, he can finish his work and if approved as a
coffee shop, his property could be a non-conforming use but if it
burned down, it could not be rebuilt for that use.
In reply to President Withrow, Mr. Donnelly replied he does not
have a business license; and stated he sometimes sleeps upstairs as
December 21, 1993
do his out-of-town workers; however, he has a principal residence.
Councilman Arnerich stated Mr. Donnelly, as a Realtor, knows his
use of property is not proper and he has no business license.
The Planning Director stated Council could delete Mr. Donnelly's
property from the rezoning when introducing the ordinance, which
would be a direction to her to bring back to Council, at a future
date, a General Plan Amendment [GPA].
Councilmember Lucas stated she would like to take Planning
Director's suggestion.
James Thomson, Alameda, reviewed his problems concerning building;
and stated a GPA was suggested which would extend his time but
expand his expenditures, and discussed related problems.
Council discussed Mr. Thomson's problems with him, including
financing problems due to mixed use.
President Withrow stated perhaps that subject should be discussed
in regional forum with the financial community.
Vice Mayor Roth stated property is zoned Commercial and questioned
why the coffee shop cannot be built, and the Planning Director
replied due to its location within the Business and Waterfront
Improvement Project area [BWIP].
Councilman Arnerich inquired what is the best way for Council to
help Mr. Thomson without a lot of red tape; the Planning Director
stated as a Charter community, it is not necessary to be consistent
with the General Plan although she recommends that; and Council
would need to deal with whether or not it implements the BWIP.
Councilmember Lucas inquired if property could be rezoned to R-6
because that would alleviate problem of a Use Permit; and the
Planning Director replied it should be referred to Planning Board.
Vice Mayor Roth stated he is concerned someone owns property and
cannot do anything with it; and that should be addressed on a
citywide basis.
The City Manager suggested rezoning to R-5 and if the Planning
Board turns down the Use Permit, it would come back to Council
for consideration.
Councilmember Appezzato stated he believes approving the
recommendation is the best way to go and so moved. Councilmember
Lucas seconded the motion; and stated Mr. Donnelly's property would
be removed at this point. The motion carried by unanimous voice
vote - 5.
December 21, 1993
44
The Planning Director confirmed that the motion included both the
adoption and approval of the Negative Declaration, and introduction
of the ordinance with deletion of Mr. Donnelly's property.
* * * * *
Councilman Arnerich moved the meeting be extended beyond 11:00 p.m.
Councilmember Lucas seconded the motion which carried by unanimous
voice vote - 5.
* * * * *
93-780 Public Hearing to consider a proposed Negative
Declaration, IS 93-4, and finding of no significance for the
construction, operation and maintenance of two permanent storm
drainage outfall facilities to replace the existing temporary
facilities. The storm drainage facilities will be located on
Parcels 1 and 2 of Parcel Map 5274 in the southeastern corner of
Harbor Bay Business Park; and
Resolution No. 12490 "Adopting Mitigated Negative Declaration,
IS 93-4, for Construction of Two Storm Drainage Outfall Structures
Located on Parcels 1 and 2 of Parcel Map 5274 in the Southeastern
Corner of Harbor Bay Business Park." Adopted.
Vice Mayor Roth moved recommendation for Negative Declaration and
Resolution. Councilmember Lucas seconded the motion.
Councilman Arnerich inquired how much the report cost and the
Planning Director replied $45,000; and report concerns a 36" pipe.
The motion carried by unanimous voice vote - 5.
93-781 Report from Public Works Director regarding Authorization
for the City Manager to Negotiate and Execute an Amendment to
Agreement with the Port of Oakland for Modification and Extension
of a Previously Lapsed Agreement for the Construction and
Maintenance of Storm Drain Outfalls from Harbor Bay Business Park
(HBBP) Parcels 1 and 2 of Parcel Map 5274 into the Port of Oakland
Lagoon and Authorization to Apply to Bay Conservation and
Development Commission (BCDC) for a Permit.
Vice Mayor Roth moved the recommendation. Councilman Arnerich
seconded the motion.
Vice Mayor Roth inquired the timeframe to receive approval from
BCDC; and the Public Works Director replied about six months.
The motion carried by unanimous voice vote - 5.
93-782 Report from the Planning Director regarding the Alameda
Democratic Club Proposal for City Programs for Energy Efficiency.
(Councilmember Lucas)
Joanne McKray, City of Alameda Democratic Club, stated she is
December 21, 1993
44
speaking on energy, efficiency and sustainability in our City;
submitted letter from Union of Concerned Scientists for Responsible
Public Policies; thanked staff for help; appreciates staff report;
is happy for the support being given; described the booklet, Places
a briefing on energy use that could be a tool in base conversion;
thanked Council for cooperation.
Doug Linney, Alameda, Political Director, California League of
Conservation Voters, and spoke in favor of the subject, noting
energy efficiency is the smart way to do more with less, and
benefits financially and reduction in pollution and global warming.
Nancy King, Alameda League of Women Voters, joined with the
Democratic Club to encourage energy efficiency in our City, and
appreciate the progress City departments have made toward energy
efficiency in building.
Councilmember Lucas thanked the citizens for bringing concerns to
Council; commended staff report, and moved,to go ahead and add the
Business and Waterfront Improvement Project to evaluate energy
efficiency. Councilmember Appezzato seconded the motion.
Vice Mayor Roth noted BWIP is in staff report; the City has not
done a good job communicating because our City has been doing an
outstanding job concerning gas, water, electricity; he would not
support new laws but will encourage efficiency; and cited the new
Bureau of Electricity building as a prime example of use of
technology.
Councilmember Appezzato complimented the Democratic Club; stated
City has done much; however, anything done to improve that is
acceptable.
Councilman Arnerich stated Vice Mayor Roth is correct that Alameda
is a leader in conserving energy; he will encourage people to do
it; however, cost of buildings can be prohibitive and we must be
careful in proceeding.
The Planning Director stated the BWIP does not need to be added, as
it is a program managed within Community Development Department;
and, as a change of wording that may be more appropriate in the
recommendation: requested direction to the Bureau of Electricity be
replaced with a request to the Public Utilities Board.
Councilmember Lucas amended her motion accordingly, and
Councilmember Appezzato seconded amendment which carried by
unanimous voice vote - 5.
93-783 Report from Public Works Director Concerning Alameda
County Proposals for Funding of Maintenance and Operations of
Estuary Bridges. (Vice Mayor Roth)
December 21, 1993
446
Vice Mayor Roth stated he placed matter on agenda as he believes
Council should go on record as being opposed to tolls and having
the bridges given to Alameda.
In response to Councilman Arnerich, the City Attorney replied
Streets and Highways Code, Section 1731, gives the County the right
to turn bridges over by resolution; a copy must be filed with City
Council and recorded by County Recorder; upon recordation all
right, title and interest vest in the City.
Council discussed the possible timeframe, and the options presented
in the report with the City Manager and City Attorney.
President Withrow stated money from County cities go into a fund;
Alameda puts a lot more money in than it-receives in services; to
cut out bridge [operation] would further aggravate that.
The City Manager stated he believes from the discussion, what
Council wants to do is go on record opposing tolls and the
relinquishment of bridges; and possibly support third option of the
vehicle registration fee of $2.00 minimum; County may be able to
raise that Countywide, benefit themselves and other jurisdictions.
President Withrow stated on a per capita basis, the County spends
much more in Oakland than Alameda which argues for third option; he
would be comfortable arguing the whole County should pay in.
The Public Works Director stated it is his understanding that the
County does not have the right to impose fee; legislation would be
necessary and the County is the smallest area the State would
consider; support resolution exists from County Engineer's
Association for any County that has lift bridges, which seems to
follow arguments that these are regional facilities, have been
funded Countywide, and should continue to be.
Councilmember Appezzato stated toll bridges are a poor idea; and
the idea was floated to allow one of the other options to be more
acceptable to the citizens; the third option is most acceptable.
Vice Mayor Roth moved Council's opposition to tolls and to County
turning the bridges over to the cities. Councilmember Lucas
seconded the motion which carried by unanimous voice vote - 5.
93-784 Resolution No. "Adopting the Alternate Method
of Property Tax Allocation." Held over.
Councilman Arnerich stated when the County wants to take something
over, he is always suspect; and wonders why they want to do it.
The City Manager noted the County could reduce its mandated
property tax shift to schools in 1993-94; would provide cities with
December 21, 1993
44
full funding, collect delinquencies, and collect interest to use to
fund the money retroactively; the City will gain, assuming the City
places the money in reserve for five years and invests it.
Councilmember Appezzato inquired, if we benefit in year one, what
is financial status of City if County hands the delinquencies back
in year five; and the City Manager replied the gain over five years
at 4% interest is $792,920.
President Withrow discussed State's motivation with City Manager.
Councilmember Lucas raised question on collection of penalties and
interest.
President Withrow inquired, if the plan-brings financial gain to
Alameda, who loses. The Finance Director stated the County is
buying the accounts receivables and will make money the first year;
and noted Contra Costa County has been in the plan 10 years.
President Withrow questioned how many years it took for Contra
Costa County to start losing money; and the Finance Director stated
she does not know if they have made that analysis.
Councilman Arnerich inquired what residual affect on other cities
has occurred if a city in the County has been in plan 10 years.
The Finance Director stated her counterparts in other cities are
happy because they do not need to worry about the uncertainty of
the delinquencies; and it helps with the rating agencies.
In response to Councilman Arnerich, the Finance Director noted the
delay in bringing the matter to Council was the necessity for
review, investigation and formulation of recommendation.
Councilmember Appezzato moved to hold the matter over to January 4,
1994, Council Meeting. Councilman Arnerich seconded the motion
which carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA
93-785 Gordon Christopherson, Alameda, addressed 2801/2803
Marina Drive; explained and discussed Section 8 rental
authorization, safety issues, e.g., garbage, rat infestation, and
protective barrier for children; noting he informed Housing
Authority, Community Development and City Manager; situation
prevails; believes City may be held liable if injury occurs.
Councilmember Lucas inquired if there is an ordinance that requires
residential unit to have garbage service; the City Attorney replied
affirmatively; and Councilmember Lucas stated the matter should be
looked into and made sure there is garbage service.
December 21, 1993
4,46
Councilman Arnerich agreed; and stated perhaps the garbage company
should let the City know if a place does not have garbage service.
NEW BUSINESS AND UNFINISHED BUSINESS
93-786 Vehicle Impound Program for Drivers with
Suspended/Revoked Licenses. (Councilman Arnerich)
Councilman Arnerich stated the matter may be put over.
* * * * *
Vice Mayor Roth wished everyone a Happy Holiday and Happy New Year
and hopefully the City will be better off next year. All of Council
joined in on the thoughts expressed.
ADJOURNMENT
President Withrow adjourned the meeting at 12:16 a.m.
Respectfully submitted,
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Patricia Calbreath
Deputy City Clerk
The agenda for this meeting was posted 72 hours in advance.
December 21, 1993