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1991-05-21 Regular CC MinutesREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA MAY 21, 1991 The Meeting convened at 7:48 p.m., (following the Community Improvement Commission Meeting) with President Withrow presiding. Councilmember Camicia led the Pledge of Allegiance. Reverend Robert Keller gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. President Withrow entertained a motion to take Special Orders of the Day out of order. Councilmember Roth so moved, and Councilman Arnerich seconded the motion. President Withrow called for objections, and hearing none, stated motion is approved [Unanimous - 5 ]. SPECIAL ORDERS OF THE DAY 91-342 Proclamation declaring May 21, 1991, as Alameda Youth in Government Day. President Withrow commented on the importance of the Day; and addressed the participants on becoming involved in government. Carolyn Knudtson, Recreation Supervisor, Recreation and Parks Department, described the activities of the day, involvement of City staff; noted that youth represent service clubs and high schools in Alameda. The students were introduced by the Recreation Supervisor, and Mayor Withrow presented Certificates to each student, read the related Proclamation and presented same to the Recreation Supervisor. * * * * * Mayor Withrow entertained a motion to take the Joint Public Hearing between the Community Improvement Commission and the City Council out of order. Councilman Arnerich so moved; Councilmember Roth seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Roth and President Withrow - 3. Noes: None. Absent [from the dais]: Councilmember Camicia - 1. Abstentions: Councilmember Lucas - 1 [Lucas is owner of property within 300 feet of the proposed Business and Waterfront Improvement Project area]. JOINT PUBLIC HEARING 91-343 Joint Public Hearing (Community Improvement Commission (CIC) and City Council) on adoption of the Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project (BWIP) and May 21, 1991 133 Certification of Final Environmental Impact Report (EIR) relating thereto. Call to Order Mayor Withrow called the Joint Public Hearing of the Community Improvement Commission (CIC) of the City of Alameda and the City Council of the City of Alameda to order; stated the purpose of the Hearing is to consider and act upon the Community Improvement Plan (CIP) for the Business and Waterfront Improvement Project (BWIP) and the Final Environmental Impact Report (EIR) on the Community Improvement Plan, and called for a Roll Call by the City Clerk. Roll Call City Council - Present: Councilmembers Arnerich, Camicia [took his seat on the dais immediately following the roll call], Lucas [absent from dais to abstain from proceedings], Roth, and President Withrow - 5. Absent: None. Community Improvement Commission: Present: Commissioners Arnerich, Camicia, Lucas [absent from dais to abstain from proceedings], Roth, and Chairman Withrow - 5. Absent: None. President Withrow requested the Community Development Director proceed with entering affidavits and certifications into the record. The Community Development Director entered into the record: Exhibit "1" Affidavit of publication of notice of Joint Public Hearing, published once a week for four successive weeks in the Alameda Times-Star as required by Sections 33349 and 33361 of the Health and Safety Code; Exhibit "2" Certificate of mailing Notice of the Joint Public Hearing, together with a statement concerning acquisition of property by the CIC, to each assessee of land in the Project Area as shown on the last equalized assessment roll as required by Sections 33349 of the Health and Safety Code; and Exhibit "3" Certificate of mailing notice of the Joint Public Hearing to the governing bodies of each taxing agency within the Project Area as required by Section 33349 and 33350 of the Health and Safety Code. Mayor Withrow announced those documents will be made a part of the record. Mayor Withrow called the Joint Public Hearing open, noting the State law under which the Council/Commission are acting is the Community Redevelopment Law of the State of California, which requires certain May 21, 1991 134 procedures in the conduct of the Hearing; a transcript will be made by a court reporter; and testimony will be sworn and subject to questions through the Chair. The City Attorney suggested staff, consultants, and speakers from the audience be sworn in a single oath. The Court Reporter, JoAnn Lauritzen, administered the oath. President Withrow explained the order of procedure for the Hearing. David Beatty, Special Counsel, McDonough, Holland & Alien, Sacramento, stated evidence will be introduced in connection with findings and determinations that will be made in an ordinance adopting the Community Improvement Plan and read the eleven major evidentiary findings, which are contained in Section 33367 of the Health and Safety Code; and noted other statements and determinations are included in the proposed ordinance adopting the CIP. The City Attorney stated, to make the record perfectly clear, she would like the record to reflect that Councilmember Camicia is now in attendance and has been in attendance during the last presentation. President Withrow announced the receipt of evidence and testimony would proceed. The Community Development Director submitted a certification of certain official actions taken by the City Council, the Planning Board and the CIC in connection with the preparation of the CIP for the Redevelopment Project. President Withrow stated if there are no objections, the Certification shall be made a part of the record. The Community Development Director made introductory background comments about the City's General Plan concerning some of the deficiencies that presently exist in the City and the benefits from the redevelopment process to correct the deficiencies; noting problems are diverse, including Unreinforced Masonry Buildings-(URM) within the BWIP area, traffic circulation deficiencies, unsafe public facilities, including City Hall and three fire stations; sites suffering from toxic contamination, underutilization of northern waterfront; and that formation of the BWIP will provide the vehicle for programs and strategies designed to catalyze reinvestment in Alameda; specific plans will be prepared for major sub areas, a program of capital public improvements will be developed and a revitalization program will be formulated. James Burns, Burns & Watry, Kelseyville, redevelopment consultant, summarized the CIC's Report to Council, stated the Report is the basic supporting documentation for the CIP and the ordinance which will adopt the CIP; noted the Report is the evidentiary document to be used in court if that becomes necessary, and highlighted the key elements, stating the report covers basically a blight analysis: 1) May 21, 1991 13 area blight must be demonstrated, 2) projects to mitigate blights must be developed, and 3) a source of revenues adequate to pay for the projects to mitigate blighted conditions must be developed; negotiations of the taxing agencies in the area have taken place and agreements made with all but four agencies [AC Transit, Peralta Community College District, Alameda Unified School District, and the Alameda County Office of Education]; and stated for the record that, in coming to an agreement with Alameda County, 8 meetings were held, 6 meetings with East Bay Regional Parks District, the School District has, he believes, one outstanding issue remaining and 17 meetings were held; 17 meetings with A.C. Transit, and 7 meetings with Peralta Community College District and the County Office of Education. President Withrow called for questions from the Council/CIC. Councilman Arnerich requested the word "deficit" be used in place of "shortfall." President Withrow, hearing no objections, made Exhibit "5," Report of CIC, a part of the record, along with the testimony and documents. Joan Lamphier, Planning Department, briefly summarized the Final Environmental Impact Report on the CIP, summarized letters and comments received and responses to same, noting a purpose of the Hearing is to consider certification of EIR adequacy and completeness, mitigation measures are identified in the EIR, and a mitigation monitoring program is included in the resolution to certify the document; addressed jobs/housing balance; noted 13 letters received included majority of comments involving jurisdictional issues with agencies, and remainder addressed fiscal impacts on individual agencies; and recommended Council and CIC certify the EIR, and adopt the mitigation monitoring system. President Withrow announced, hearing no objections, Exhibit Final Environmental Impact Report, as submitted, will be made a of the record as part of the Report of the CIC. "6," part Mr. Beatty reviewed the Community Improvement Plan, stating the Plan is basically an enabling plan or charter which authorizes the Commission and establishes goals for the Commission for the revitalization of the project area, and grants the Commission certain powers within the project area to perform certain actions, including construction of public improvements, provision of opportunities for owner participation, acquisition of property within the Project area; and noted the length of the Plan is forty years. President Withrow called for questions from Council; hearing none, and no objections, stated Exhibit "7," proposed Community Improvement Plan [Redevelopment Plan] will be made a part of the record. The Community Development Director stated, to complete the docuLents, she would like to have entered into the record the Rules May 21, 1991 Governing Participation by Property Owners, and the Extension of Reasonable Preferences to Business Occupants in the Business and Waterfront Improvement Project, as said Rules have been adopted by the CIC; the Rules have previously been made available to the Council and have also been made available for public inspection. President Withrow called for questions by members of the City Council or the CIC concerning the Rules; hearing none, made Exhibit "8," [Owner Participation Rules] a part of the record. President Withrow directed any written comments received on the Community Improvement Plan or the Final EIR be placed on the record. The Community Development Director stated a written comment has been received, which is a joint comment on behalf of the Alameda County Superintendant of Schools and the Peralta Community College District; the Statement of Objections basically raises concerns about the type of Environmental Impact document prepared, and the issue of whether the fiscal impact has been addressed on these two jurisdictions; negotiations are proceeding with the two agencies, and entered the written comment into the record [Exhibit "9 "]. President Withrow called for statements or testimony in favor of the CIP or Final EIR. Helen Sause, Chair, Economic Development Commission, stated she had been sworn; spoke in support of CIP; noted public meetings held and mailings made, and urged Council's favorable consideration of the Plan. Robert Ford, Alameda, Park Street Business Association (PSBA), Chair, PSBA Strategic Planning Committee, stated he had been sworn; noted PSBA's advocacy for approval of the CIP; the CIP is the best way to affect change desireable for Alameda; a prosperous business community benefits everyone; and requested Council approve the CIP. Kimberly Byrne, Alameda, President, West Alameda Business Association (WABA), stated she had been sworn; is in favor of CIP; and WABA would like to encourage Council to approve the BWIP. Greg Beattie, Alameda, Chamber of Commerce, stated he was not sworn in. The Court Reporter administered the oath. Mr. Beattie stated the Chamber of Commerce supports the CIP and believes the Plan is essential to long term viability of the northern waterfront, and urged adoption of the Plan. Cheryl Heihn, Alameda, PSBA, stated she was sworn, would like to see a more viable and dynamic downtown business district; and encouraged Council approve the Plan. Doug Perry, Alameda, Chair, PSBA Economic Revitalization Committee, outlined PSBA's efforts to improve business; need of support for efforts of merchants to stem the exodus of businesses and consumers May 21, 1991 137 from Alameda to improve tax levels and the Plan is essential for ongoing growth. William Berg, Alameda, Greater Alameda Business Association (GABA), stated the Board of Directors of GABA has unanimously passed a motion in favor of the Plan, and urged Council approve the Plan. Wil Garfinkle, Alameda, stated he had been sworn; questioned where funds are coming from for other projects, e.g., seismic retrofit, pay raises. for the City; and urged Council, before proceeding, to give serious consideration to the financial impact on other agencies that will suffer as a result of the CIP. John Sarni, Sr., Alameda, stated he was sworn; he agrees with Mr. Garfinkle and questions who will pay for expense of running the City with funds being utilized for other purposes; addressed indebtedness to be borne by future citizens, and urged Council take a good look before passing judgment on the Plan. The Community Development Director stated the taxing agencies each have the opportunity to pass a resolution guaranteeing them all the inflationary increases, and Council has done that; negotiations with other taxing agencies have been entered into in order to work with the agencies to mitigate adverse financial impact; the whole purpose of doing the public improvements is to encourage private development so that the tax base is increased by the investment in the area and those increases provide the tax increment. There are no increases to taxes; the City's credit is not affected by debt; the purpose is to invest in the area; the investments are public improvements, the City's ability to provide public improvements is being supplemented. Mr. Burns noted the tax increments projected for the first year are $272,000, and the tenth year are $3,582,000; and the anticipation is that the City would capture at least 75% of that amount. Mr. Beatty noted the Commission will not, as a general rule, be able to incur debt unless at the time it incurs debt, it has sufficient revenues to pay that debt. The Community Development Director read a note from the audience [Charles Tillman] stating that Independence Plaza was able to reduce the rents to very low income tenants due to Marina Village tax increment and the high level of tax increment generated there; so the City has been able to accomplish housing because of tax increments, and is affordable in the context of an excellent project of the City. President Withrow called for statements or testimony in opposition to the CIP or Final EIR. Jack Harpe, Alameda, stated he had been sworn, has been in business in Alameda over 26 years, sees nothing wrong with redevelopment if there is a true plan but serving notice on the public that the City "may condemn your property in any time within the next forty years" is devastating to a property owner and he believes results in May 21, 1991 property values going down; if homes of older people who have Prop 13 tax savings, were condemned, they could not afford to buy another property in Alameda and be able to pay taxes on it; some small business owners on Clement would be affected also. Robert Minton, Alameda, stated he opposes the Plan; Alameda is not ready for redevelopment; traffic is impossible and should be cared for first; private enterprise should have the right to develop their land; Alameda is a lovely island, mainly residential, and some are trying to make it a business industry, and that is entirely out of order; and urged Council think seriously before going ahead. Charles Fox, Berkeley, stated he has property on Clement Avenue he is trying to sell; it is retirement income for him and he would like to know what affect [the Plan] has on property sales and if he is required to fund improvements, etc.; he likes development but believes the scale is too large for Alameda and would like Council to consider that aspect. David Swain, Alameda, stated he had not been sworn. The Court Reporter administered the oath. Mr. Swain stated he does not know if doing improvements on his property will now be worthwhile; perhaps Alameda should try to emulate Stanford and Los Gatos retail businesses which open on European Plan for 2 or 3 hours during lunch and evenings; and offered his services to help analyze business situations and provide solutions as he does professionally nationally and internationally. Fred Kroger, Alameda, stated he believes use of the word "blight" is incorrect to describe property, generally, in Alameda; believes redevelopment district is mortgaging future of the City; payback will be primarily on property owners; private enterprise can and has made improvements throughout proposed boundaries and could do more with City help at lower cost; Plan will change the character of City in wrong direction; urged Council reject CIP. President Withrow called for any further speakers. Mr. Beatty stated, in answer to speaker concerns, the Plan is based on property values going up; regarding eminent domain, the CIC has no plans now but if it should, low property taxes can be transferred to new homes as they are protected by the State; regarding Mr. Minton's concern about more taxes in the Project area, taxpayers in the area will not pay more than those outside the area; in answer to Mr. Fox's concern about sale of his property, the area should not be detrimental and perhaps will make the property more valuable; regarding Mr. Swain's concerns about improvements, there are no plans to take his property now or in the foreseeable future, and investing will be worthwhile; regarding Mr. Kroger's concern about debt, debt will be paid by tax increments, a reallocation of property taxes with no added burden on property owners. Ms. Lamphier, Planning Department, stated the EIR addresses potential impacts on traffic. May 21, 1991 139 The Community Development Director added that some proposed improvements are improvements to traffic circulation; regarding Mr. Kroger's concern about blight, the report to Council delineates the evidence on blight findings throughout the area; regarding the [Tillman] note she read earlier concerning Independence Plaza, she has been sworn in and can testify that [information] is correct. Councilman Arnerich clarified regarding transfer of property, that if a home is condemned, the same tax can be applied, if a person moves within the State. Mr. Beatty concurred with Councilman Arnerich's clarification. Councilman Arnerich stated he believes from speakers and applause, that the great concern is not so much for private business as people losing residences, and he can appreciate the fact, but there is nothing contemplated now or in the foreseeable future. Mr. Burns confirmed Councilman Arnerich's comment. Councilmember Roth stated he would like staff to explain planning required. The Community Development Director stated the City has, for two years, been involved in a serious and expensive planning process to develop a General Plan for the next twenty years; the land uses in the redevelopment area reflect decisions made in that process; the CIC and Council will be making decisions about particular sub-areas, and both merchants and residents of the sub-areas will be able to be involved in the process. Dale Gardner, Alameda, President, Encinal Yacht Club, stated he has been sworn in and would like to inquire about the possibility of condemnation of the Yacht Club. Mr. Beatty replied the CIC has no present plans to acquire property by eminent domain, and Mr. Gardner requested that be entered into the record. President Withrow entertained a motion to close the Hearing. Councilmember Camicia so moved. Councilmember Roth seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Roth and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Lucas - 1. President Withrow noted the Joint Public Hearing of the Community Improvement Commission and the City Council is closed; and reconvened the Regular Meeting of the Community Improvement Commission. President Withrow (following the reconvened meeting of the Community Improvement Commission) reconvened the Regular Council Meeting at 10:05 p.m. May 21, 1991 140 ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S) Mayor Withrow announced that, on May 21, 1991, Council adjourned to Closed Session and took the following action: 91 -344 Labor Relations, pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: gave further instructions to negotiator. 91 -345 Personnel Matters, pursuant to Government Code Section 54957 of the Brown Act: no action was taken. CONSENT CALENDAR Councilmember Roth moved approval of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS *91 -346 From Assistant City Manager recommending award of contract to Sausal Corporation for the Alameda Municipal Golf Course Replacement of Maintenance Facilities and Office Complex Remodel, Project No. P.W. 11- 90 -17. Accepted. *91 -347 From Public Works Director recommending adoption of plans and specifications, and calling for bids, for Alteration to Northside Storm Water Pump Station, No. P.W. 5 -91 -3. Accepted. FINAL PASSAGE OF ORDINANCES *91 -348 Ordinance No. 2552, N.S. "Amending Section 17 -3726 of Chapter 3, Article 7, Title XVII (Traffic Regulations) of the Alameda Municipal Code Pertaining to Permit Parking in Public Off- Street Parking Lots." Adopted. *91 -349 Ordinance No. 2553, N.S. "Amending Section 17 -342 of Chapter 3, Article 4, Title XVII (Traffic Regulations) Thereof by Providing a Two -Hour Zone on the East Side of Grand North of Lincoln Avenue." Adopted. *91 -350 Ordinance No. 2554, N.S. "Amending Subsection 38 of Section 17 -333, Chapter 3, Article 3, Title XVII (Traffic Regulations) to Remove the "No Parking" Zone in the 1700 Block of Main Street." Adopted. *91 -351 Ordinance No. 25555 N.S. "Amending Chapter 5, Title XI (Zoning) of the Alameda Municipal Code, to exempt the collection of refuse and garbage by authorized scavengers from the Noise Ordinance between 5:30 a.m. and 10:00 p.m." Adopted. BILLS *91 -352 Bills, certified by the City Manager to be correct, were ratified in the amount of $2,349,410.24. * * * * * May 21, 1991 141 MINUTES Councilmember Lucas moved approval of the Minutes of the Regular Council Meeting of May 7, 1991. Councilman Arnerich seconded the motion. Mayor Withrow announced that, hearing no objection, the motion carries. Councilmember Lucas moved approval of the Minutes of the Special Council Meeting of May 2, 1991. Councilman Arnerich seconded the motion. Mayor Withrow announced that, hearing no objection, the motion carries. REPORTS AND RECOMMENDATIONS 91-353 From Chair, Social Services Human Relations Board, SSHRB, recommending City reconsider participation in Alameda County Advanced Life Support (Paramedic) Ambulance System. Charles Tillman, Alameda, stated he believes the Fire Department has done a great job; does not believe a change is necessary at this time. Fred Claridge, Alameda, stated as a full-time paramedic working in Oakland, Alameda has quick response time and efficient caring team, but paramedics can do much more and can dispense drugs at the time of arrival; often 5 minutes or less can make a difference between life and death; and urged Council become a member of the paramedic district. Paul Berger, Alameda, SSHRB, stated Alameda currently provides quick medical transport, however the City is limited by law in the level of service provided when the team arrives; paramedic level certification would allow the team to administer live-saving medication and advanced life-support procedures at the scene of the incident; inability to administer cardiac and allergy reaction drugs on the scene can mean the difference between life and death; the SSHRB strongly believes the City should join a large list of communities which includes most metropolitan cities in the State and all nine Bay Area Counties, which have upgraded to paramedic level Emergency Medical Services; Alameda is approximately 10 years behind the technical medical expertise the City could have; State law requires all certification be done at County level; there are innovative ways to keep the best of what Alameda has, which is fast response time, yet provide citizens with a much higher level of Emergency Medical Services. Don Roberts, Alameda, stated he believes the key is the bureaucratic control involved; understands if Alameda joins the County system, the City gives up rights to withdraw from that system; if Alameda could maintain independence and have paramedic system within the City, that may be an improvement; and urged Council request a study with statistics to indicate which system supplies greater life support, before making a final decision to turn over control. Councilmember Roth moved to adopt the recommendation of the Fire Chief [to direct staff to acquire additional data from the County, begin an informational dialogue, and return to Council at a future date with updated information and options], and answers to questions May 21, 1991 142 that have been addressed. Councilmember Camicia stated he believes the study is clearly worthwhile; and seconded the motion. Councilman Arnerich commented Alameda County has financial problems; the paramedic concept is worthwhile cause; the County is not taking the program over to be benevolent, but wants the fees of possibly $400,000; the Golf Course's financial condition was turned around by saying, "if someone else can do it, we can do it;" believes if paramedics are needed, perhaps Council can implement into the City's Fire Department system and keep the money at home; he will support the motion. The motion carried by unanimous voice vote - 5. 91-354 From Chair, Golf Commission, recommending greens fee increases to be effective January 2, 1992. The City Manager gave an overview of the matter. Paul Aragon, Golf Commission, stated in 1973, revival of the Golf Commission was mandated to improve Golf Course finances and the complex; the Course is the only recreational facility in the City that is not costing the citizens any money; the Commission has improved finances and the Complex, and must continue to improve operations to remain competitive; requested Council recognize the Golf Course as a self-sustaining recreational facility, approve the green fee request as presented. Shirl Ames, Alameda, Chair, Golf Commission, stated Council requested the Commission to review the golf fees, which the Commission has done; and urged Council approve recommendation for the increase and Golf Course capital improvements. Don Roberts, Alameda, commended the Golf Commission for building the Golf Course into the finest in the East Bay; stated that 70% of users are non-residents, and the non-resident fee should be higher than proposed by the Commission. At President Withrow's request, the Golf Course Operations Manager addressed the price sensitivity, noting Alameda is at the low end of golf fees in the Bay Area; the proposed fees are still at the low end for resident fees and slightly above low end for non-resident fees. President Withrow inquired, if the non-resident fee is raised to $18, of the 70% that are non-resident users, how many less non-resident golfers would use the Golf Course. The Golf Operations Manager stated, at a monthly meeting at the Men's Club with about 100 members and some non-residents present, those present indicated the $16 fee was fair and hoped the fee would not be raised-higher; if raised higher, perhaps there would be a drop-off for a while and probably a comeback, given the playing conditions Alameda offers. May 21, 1991 143 Councilmember Camicia inquired how much of the estimated expenses for fiscal year 1991-92 is capital projects. The Golf Operations Manager stated the operations budget for the current fiscal year will be $1,596,000; and the Golf Commission has requested $692,000 in capital projects be allocated. Councilmember Camicia inquired what the payback on improvements will be. The City Manager stated, if there is an assumption of no decrease in revenue, then $500,000 a year would be paid back for capital projects. Councilmember Lucas stated the Finance Committee has requested holding off because of City budget problems with possible reduction of police officers; the Golf Course has done well, but at this point, Council is obligated to look at sources to keep public safety in shape during the recessionary economy; and inquired what harm there would be to hold off the decision for a month until the Finance Committee and the Commission could resolve the matter. The Golf Operations Manager stated the Commission needs to start planning ahead, but there would be no harm; booking for 1992 tournaments begins in September. Councilman Arnerich inquired if enterprise funds can be used for General Fund purposes e.g., Police and Fire Department salaries, and the City Attorney replied in the affirmative. Morris Dragna, Alameda, stated Alameda charges less than nearby courses; fees should not be raised too high for non-residents because they supported Alameda's courses for many years; the City has a right to profits as a landlord. Bob Blanchard, Alameda stated he agrees with Ms. Ames and Mr. Aragon; golf course is wonderful but the restaurant and pro shop need improvement which would result in more income in the long run. Councilmember Roth moved to extend the meeting past 11:00 p.m. Councilmember Camicia seconded the motion which carried by unanimous voice vote - 5. Charles Tillman, Alameda, noted grey water will be brought into the course, saving a great deal of water; the persons working with the Golf Course know what they are doing and urged Council accept their recommendations. John Barni, Sr., Alameda, stated when he was on the Finance Committee, he brought up the subject of using Golf Course funds for unfunded capital improvements for the City; he believes the Golf Commission is doing a great job; he was just trying to bring some funds to City Hall, Councilmember Roth stated he believes good facilities attract May 21, 1991 144 people; capital improvement needs to be done; has no problem with the Course keeping funds for that purpose; he would like consideration of a one dollar surcharge that would go into City funds. President Withrow stated Council needs to consider only whether golf fees should be approved or not, the decision on what to do with the funds can come later. Council discussion followed on whether fees should be passed and decision on funds be made later; and whether Finance Committee and Golf Commission should discuss matters and return to Council. Councilman Arnerich stated Council charged the Golf Commission to report with a fee increase which would be appropriate for golfers and could fund the capital improvements; the Commission has done that and the matter should be voted on. Councilmember Lucas moved to bring the matter back to Council in a month. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas and President Withrow - 3. Noes: Councilmembers Arnerich and Roth - 2. Absent: None. RESOLUTIONS 91-355 Resolution No. "Certifying the Completion of and making Findings as to the Final Environmental Impact Report on the Community Improvement Plan for the Business and Waterfront Improvement Project and Approving and Adopting a Mitigation Monitoring Program." Not Heard. Held over to June 4, 1991, Council Meeting. 91-356 Resolution No. 12107 "Resolution of Intention Annual Assessment on the Alameda Business Improvement City of Alameda for Fiscal Year 1991-92." Adopted. Councilmember Roth moved adoption of the resolution. Arnerich seconded the motion which carried by unanimous 5. INTRODUCTION OF ORDINANCES to Levy an Area of the Councilman voice vote - 91-357 Ordinance No. , N.S. "Approving and Adopting the Community Improvement Plan for the Business and Waterfront Improvement Project." Not Heard. Held over to June 4, 1991, Council Meeting. 91-358 Ordinance No. N.S. "Amending the Alameda Municipal Code by Amending Section 2-116 (Order of Business) Relating to Order of Business of City Council Meetings." (Councilmember Roth) Councilmember Roth moved introduction. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 91-359 Ordinance No. N.S. "Amending the Alameda Municipal May 21, 1991 145 Code by Amending Subsection 9 (c) of Section 2-117 (Rules of Order) Relating to Time Limits for Public Discussion." (Councilmember Roth) Councilmember Roth moved introduction. Councilmember Lucas seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Camicia, Lucas, Roth, and President Withrow - 4. Noes: Councilman Arnerich - 1. Absent: None. The City Attorney stated that a related resolution would be considered at the June 18 Council Meeting. NEW BUSINESS 91-360 Councilmember Camicia inquired whether the transfer in Fiscal Year 1992, called for in the Bureau of Electricity's 10-year General Plan Report, is actually going to happen; and would like to address the matter at the next Budget Cycle [Work Session]. 91-361 Councilmember Lucas stated she has problems with the design of the Lyon's Restaurant about which she has written to Council. Council called, at Councilmember Lucas' request, a Special Council Meeting, Tuesday, May 28th, to address concerns regarding the proposed Lyon's Restaurant. ADJOURNMENT President Withrow adjourned the meeting at 11:35 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. May 21, 1991