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1991-06-18 Regular CC Minutes67 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA JUNE 18, 1991 The meeting convened at 7:52 p.m. (following the Community Improvement Commission Meeting) with President Withrow presiding. The Pledge of Allegiance was led by Councilman Arnerich, and the invocation was given by Reverend Dorothy Kimbrell. ROLL CALL Present: Councilmembers Arnerich, Camicia, Lucas, Roth, and President Withrow - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S) Mayor Withrow announced that on June 11, 1991, Council, at a Special Meeting, adjourned to Closed Session, and took the following action: 91 -392 Personnel Matters, pursuant to Government Code Section 54957 of the Brown Act: gave further instructions to City's negotiators, no specific action was taken by Council. 91 -393 McDowell v. City of Alameda, pursuant to Subsection (a) of Section 54956.9 of the Brown Act: discussed the status of the case and no further action was taken. CONSENT CALENDAR Councilmember Lucas stated she would abstain from *91 -405, ordinance regarding Business and Waterfront Improvement Project. President Withrow announced *91 -395, report regarding Excess Workers' Compensation Joint Powers Agreement, was pulled from the agenda and would not be heard; and, reports 91 -418 Investment Portfolio, 91 -419 Quarterly Sales Tax, and 91 -420 agreement with Peralta Community College District, would be pulled from the Consent Calendar and placed on the regular agenda. At the request of Councilmember Roth, 91 -422, resolution regarding Traffic Signal Management Program Grant Application, and 91 -424, ordinance relating to fences; and at the request of Councilman Arnerich, 91 -421 resolution regarding Cooperation Agreement, and 91 -423 resolution supporting Senate Bill 210, distribution of bridge toll revenues, were removed from the Consent Calendar and placed on the regular agenda. Councilmember Camicia moved the remainder of the Consent Calendar. Councilmember Roth seconded the motion which was carried by unanimous voice vote - 5 [with the exception of abstention on *91 -405 by Councilmember Lucas] REPORTS AND RECOMMENDATIONS *91 -394 From City Clerk recommending award of contract for legal advertising for Fiscal Year 1991 -92 to the Alameda Times Star. Accepted. June 18, 1991 *91-395 From City Attorney requesting authority for joining an Excess Workers' Compensation Joint Powers Agreement. Not heard. Pulled from agenda. *91-396 From Fire Chief regarding Annual Review of Police/Fire New Construction Impact Fee. Accepted. *91-397 From Public Works Director recommending acceptance of the improvements and release of bond for Tract 6118 (Harbor Bay Isle Village Five). Accepted. *91-398 From Public Works Director recommending adoption of plans and specifications and calling for bids for landscape maintenance of median strips and special areas for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-5. Accepted. *91-399 From Public Works Director recommending adoption of plans and specifications and calling for bids for repair of Portland Cement Concrete Sidewalk, Curb, Gutter, and Driveway for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-6. Accepted. *91-400 From Public Works Director recommending adoption of plans and specifications and calling for bids for minor street patching with asphalt concrete for the Fiscal Year ending June 30, 1992, No. P.W. 5-91-7. Accepted. *91-401 From Public Works Director recommending adoption of plans and specifications and calling for bids for installation of house laterals for Fiscal Year ending June 30, 1992, No. P.W. 5-91-8. Accepted. *91-402 From Community Development Director concerning Farmers' Market. (For information only) Accepted. *91-403 From Personnel Director recommending approval of contract with CIGNA Insurance Company for Negotiated Long-Term Disability Benefits. Accepted. RESOLUTIONS *91-404 Resolution No. 12114 "Preliminarily approving Annual Report, Declaring Intention to Order Levy and Collection of Assessments and providing for Notice of July 16, 1991, Hearing thereof - Island City Landscaping and Lighting District 84-2." Adopted, FINAL PASSAGE OF ORDINANCES *91-405 Ordinance No. 2559, N.S. "Approving and Adopting the Community Improvement Plan for the Business and Waterfront Improvement Project." Adopted. [Councilmember Lucas abstained.] BILLS *91-406 Bills, certified by the City Manager to be correct, were June 18, 1991 ratified in the amount of $1,924,376.46. MINUTES The Minutes of the Regular Council Meeting of June 4, 1991, were not considered, and will be reagendized. WRITTEN COMMUNICATIONS 91-407 From Kimberley A. Byrne, President, West Alameda Business Association, requesting the Alameda Certified Farmers Market be exempted from all City fees charged to the project. Councilman Arnerich stated [former] Council subsidized the Farmers' Market when it was first implemented; it is a good program but other merchants pay taxes; and he cannot in this time of austerity, vote in favor of the request to waive all future fees for the Farmers' Market. Councilmember Lucas stated Councilman Arnerich has raised a good point; the recommendation is for a waiver of fees for the future, without limitation and she would like [the waiver] limited to no longer than two years. At the request of President Withrow, the Community Development Director explained that, if fees are charged the Farmers' Market, their operating deficit increases, and there is no current method to satisfy that additional operating deficit. President Withrow commented that the Council is, in effect, underwriting the Market, to which the Community Development Director agreed, and added that [the Market] is a promotional vehicle to bring 35,000 customers to the West End. To President Withrow's question if the Community Development Director will be able to show the amount of increase of sales that can be attributed to the impact of the Farmers' Market, indicating a return on the City's investment in the Market, the Community Development Director replied WABA will be collecting data from merchants to attempt to quantify the return; the Market is providing a service both to West End residents directly and indirectly, and to Alameda people in general by providing fresh goods for sale; is a cost-effective promotional vehicle, and as of next year there are plans to locate a site to provide enough space for the Market so that it can be financially independent. Councilman Arnerich stated that when Council implemented the Market a year ago, the City put in $31,000 as a start-up subsidy; and now Council is being asked to subsidize in all future years; and noted that several locations are being considered for a space next year. In reply to a question from Councilmember Roth, the Community Development Director replied Pacific Coast was the Applicant for the market last year, so Pacific Coast would saVe money if fees were June 18, 1991 `10 waived; WABA is the Applicant for the Market this year, so WABA would save the money this year. Councilmember and believes to change the Lucas stated she believes the Farmers' Market is the cost of $3,000 is minimal, because the market image of the West End. President Withrow agreed and noted how, if $3,000 is spent to 35,000 people to Webster Street, the spending by those people return the investment to the City through sales tax. Wil Garfinkle, Alameda, stated, as a property owner and businessman, he does not believe it is fair to the rest of the community to subsidize the Market; commented the land given is a subsidy; and urged disapproval of the waiver of the fees. Councilman Arnerich stated, at this difficult financial time for the City, $3,000 could keep Edison Park open this summer and he would rather see a park open than to further subsidize the Farmers' Market. Councilmember Camicia moved to accept the communication. President Withrow clarified the motion to accept the communication means that no action will be taken on the document. great helps bring could Councilmember Lucas seconded the motion. The City Attorney stated Councilmember Roth should abstain as there may be a potential conflict because he is a member of WABA. The motion was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Lucas, and President Withrow - 4. Noes: None. Absent: None. Abstentions: Councilmember Roth - 1. HEARINGS 91-408 Consideration of establishing the City of Alameda's Appropriations Limit (Proposition 4) for Fiscal Years 1990-1991, 1991-1992. Councilmember Camicia moved the recommendation and to take resolution out of order. Councilman Arnerich seconded the which was carried by unanimous voice vote - 5. 91-409 Resolution No. 12115 "Establishing Appropriations Fiscal Years 1990-1991 and 1991-1992." Councilmember Camicia moved adoption. Councilman Arnerich the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS related motion Limits for seconded 91-410 From Chair, Historical Advisory Board, recommending City Council investigate the Mills Act as a property tax relief incentive for the City of Alameda. Councilmember Camicia stated he would abstain because his house is in a historic district. Councilmember Lucas stated she would abstain June 18, 1991 171 because her house is on a list eligible under the Mills Act. Robert DeCelle, Chair, Historical Advisory Board, stated, as buildings disintegrate and are unused, the City will lose sales tax and property tax; the Mills Act is flexible, offers benefits to owners of certain historic properties, encourages people to renovate; stated the City will eventually benefit; and urged Council assign someone to attend available meetings and study the Mills Act to see if the Act will work and be beneficial to Alameda. Councilmember Roth stated a great number of buildings are on the [Historical Building Study] List; a great savings to the taxpayer could result which would cause a significant loss of revenue to the City. Councilman Arnerich stated he does not fault the Historical Advisory Board for wanting to send someone to pursue this matter, but does not want intrusion upon owner's rights in the old areas of town by e.g., perhaps telling them their buildings are in such disrepair they should be torn down. Mr. DeCelle stated staff should be aware of all information available; and the Mills Act is an opportunity for Unreinforced Masonry [URM] buildings to be restored with a savings. Councilmember Roth stated he believes the Mills Act would fit very well in Alameda, and could help the URM, or other, buildings; if only a few buildings were on the list, he could support the matter but there is a tremendous savings for the taxpayer at a time when Council is talking about cutting personnel. President Withrow stated the Act is a legal way to subsidize, however the request in the report is to investigate not approve. Councilmember Roth stated the timing is poor to waste staff's efforts studying [the Act] when there is no intention of following through. President Withrow stated the City does not have the wherewithal to subsidize. Councilman Arnerich moved to accept the report only. Councilmember Roth seconded the motion. The motion carried by the following vote: Ayes: Councilmembers Arnerich, Roth and President Withrow - 3. Noes: None. Absent: None. Abstentions: Councilmembers Lucas and Camicia - 2. 91-411 From Chair, Economic Development Commission, regarding changes in Comprehensive Service Plan (CSP) implemented by AC Transit on April 15, 1991. The City Manager stated the Chair and other Members of the Economic Development Commission are not available to come to the meeting, and the Chair requested (91-412) report of Commission on appointments to Port Authority Task Force be pulled from the agenda; and perhaps Council may wish to pull the item under consideration. June 18, 1991 Councilmember Roth so moved. Councilman Arnerich seconded the motion. President Withrow called for objections, hearing none, stated the motion carries. 91-412 From Chair, Economic Development Commission, regarding Appointment of Members to the Port Authority Task Force. Not heard. See paragraph 91-411 above. 91-413 From City Manager on State Assembly reapportionment. Councilmember Lucas expressed appreciation that Councilmember Camicia brought this matter to Council's attention as she would not want to see the City of Alameda divided into two Assembly Districts, and designating a Councilmember and a staff person to attend the hearing regarding this matter, is a good recommendation. Councilmember Lucas moved the recommendation. Councilman Arnerich seconded with the amendment that Council work with the City Manager to see who is available to attend. Councilmember Lucas accepted the modification to the motion which was carried by unanimous voice vote 5. 91-414 From Public Works Director transmitting recommendation from City Council Unreinforced Masonry (URM) Building Subcommittee for a Mitigation Program to reduce seismic hazards. Wil Garfinkle, Alameda, urged Council approve URM ordinance as submitted, noting it is a good compromise. Jim Thompson, Alameda, thanked staff and property owners for their help, and stated the proposed ordinance has been worked on for many months, with consultant help, to produce an appropriate ordinance. Councilman Arnerich stated he believes the result of the work on the ordinance will be beneficial to City and property owners, and commended those who contributed time and effort and staff for their work on the Sub-Committee. Councilmember Camicia commended Mayor Withrow and Councilman Arnerich for their work on the Sub-Committee and moved the recommendation. Councilmember Lucas seconded the motion. Councilmember Roth requested clarification that the engineering study is only required to do "life-safety" strengthening, inquired if masonry buildings have been identified that are apartment houses of four or five units, and if there has been notification; and the Public Works Director responded affirmatively. The motion carried by unanimous voice vote - 5. President Withrow clarified the motion conceptually approved an ordinance, referred the draft ordinance to Public Works Director and City Attorney to finalize the wording and the ordinance will then go to the Planning Board for Environmental Review. June 1R, 1991 173 91-415 From Community Development Director regarding development of a Business Retention Program. Councilmember Lucas stated her suggestion is that the Mayor write a letter introducing himself as a new Mayor with a new Council, offer assistance of Mayor and Council and perhaps provide additional information; and perhaps Council can divide a list and follow-up. President Withrow stated his intent is to communicate to the businesses in the City, including the 70% of business owners who do not live in the City, that they are considered to be part of the Alameda community, want them to feel a part of Alameda, and if they have something to contribute, or have problems, that they can come to a member of Council in a fashion not unlike what a citizen in Alameda does. Councilmember Roth stated he has no problem with that. President Withrow stated feedback from business owners was that they were basically excluded from the day-to-day operating process. Councilmember Lucas stated she also sees [the effort] as opening up communications so Council can find out what their concerns are and so that they know someone at City Hall is willing to listen. Councilman Arnerich agreed with the [Lucas] suggestion. Councilmember Roth inquired why the matter must be sent to the Economic Development Commission. Councilmember Lucas responded [the initial communication] is a one-time effort to be done immediately but a long-term program is needed and that is what, hopefully, the Economic Development Commission can provide. Councilmember Camicia stated Councilmember Lucas came up with a great idea, moved the recommendation [to request the Economic Development Commission to implement a business retention program], and stated he would like to be responsible for the bioscience companies. Councilmember Roth seconded the motion. President Withrow called for objections and hearing none, stated the motion carried. 91-416 From Community Development Director concerning allocation of Commercial Revitalization Funds for Fiscal Year 1991-92 and executing Grant Agreements with the Park Street Business Association (PSBA) and West Alameda Business Association (WABA). Councilmember Roth requested staff check PSBA and WABA telephone expense figures in the report. Councilmember Camicia moved [staff's] recommendation [for allocation of Commercial Revitalization funds and authorize agreements with PSBA and WABA]. Councilmember Roth seconded the motion. Councilman Arnerich questioned if $3,000 for the Farmers Market is included in the approval. June 18, 1991 The Community Development Director explained the $3,000 addresses the current operating deficit for the Market for 1991-92 and does not relate to Council's consideration under the Written Communication [91-407]. The City Manager added the money does not come out of the General Fund. The motion carried by unanimous voice vote - 5. * * * * * Councilmember Camicia moved the resolution nominating United Pilipinos be taken out of order. Councilmember Lucas seconded the motion which carried unanimously. 91-417 Resolution No. 12116 "Nominating the United Pilipinos of Alameda for a San Francisco Foundation Award." Councilmember Lucas commented on the outstanding performance of the United Pilipinos of Alameda organization. Councilman Arnerich stated that ACTEB, last month, voted unanimously to continute with United Pilipinos of Alameda funding, due to efforts of Ben Lopez. Councilmember Roth stated the application [information regarding qualifications] reveals how much good the organization has done for Alameda and is something to be proud of. Councilmember Lucas moved adoption of resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. Councilmember Roth moved to take the remaining Consent Calendar items [that were removed to the regular agenda] at this point. Councilmember Camicia seconded the motion. President Withrow called for objections and stated, hearing none, the motion carries. 91-418 From Finance Director transmitting Investment Portfolio for period ending May 31, 1991. President Withrow stated he pulled this item from the Consent Calendar as a follow-up of request made at the last Council Meeting [91-376] with reference to two Japanese banks. The City Manager stated the Finance Director has discussed the matter with the City Treasurer; they will be reviewing the Investment Portfolio and providing Council with a recommendation the first meeting of July. Councilman Arnerich stated the Finance Director had noted that if the investment had been pulled there would have been a $33,000 loss. June 19, 1991 175 Councilmember Roth moved acceptance of the report. Councilmember Camicia seconded the motion. President Withrow called for objections, and hearing none, stated the motion carried unanimously. 91-419 From Finance Director transmitting the Quarterly Sales Tax Report for period ending March 31, 1991. President Withrow stated Sales Tax receipts ending March 31, 1991 reflected increase of 6.59% and inquired why it was compared to 1989, to which the Finance Director stated the Christmas quarters were being compared. President Withrow stated the point is that the increase is good news. Councilmember Roth moved acceptance. Councilmember Camicia seconded the motion. President Withrow called for objections, and hearing none, stated the motion passed unanimously. 91-420 From Recreation and Parks Director recommending approval of Joint Use Agreement between the City of Alameda and the Peralta Community College District for Construction and Operation of a Baseball Facility at the College of Alameda. President Withrow stated he pulled this item from the Consent Calendar because it should be highlighted that the City now has a basic agreement to get a baseball field at the College of Alameda and all parties who were a part of it and put in a great deal of time and effort need to be commended. Councilmember Lucas moved acceptance. Councilmember Roth seconded the motion. President Withrow called for objections, and hearing none, stated the motion carried unanimously. 91-421 Resolution No. 12117 "Authorizing the execution of a Cooperation Agreement between the City of Alameda and the Community Improvement Commission." Councilman Arnerich stated this is a $315,000+ loan; referred to page 2, first paragraph, [last sentence], and inquired what special consultants are referred to; noted the second paragraph of page 2 refers to costs of surveys, planning and studies, and inquired if the work would be done by City staff. The City Manager explained special consultants could be e.g., legal consultant, consultant required by EIR, etc.; and any new consultants would come before Council which must approve consultants' costs above $75,000. Councilman Arnerich stated he is concerned with consultants because of budget constraints, and inquired if surveys and planning could be done in-house, to which the City Manager replied some could be, if additional staff is hired or staff is removed from current work. Councilman Arnerich stated he would like consultants and monies expended over the years watched closely, and inquired whether staff could do some surveys and planning. June 18, 1991 176 The City Manager stated reports could be brought before Council, and if there is anything City engineering staff has ability to do and they are free, a look can be taken at that. Councilmember Roth stated services of officers is noted and inquired if Council is paying itself. The Community Development Director stated currently Community Improvement Commissioners receive no compensation for their services; many redevelopment agencies do receive compensation for their commissioners, in the form, generally, of a flat amount for meeting attendance etc., and later, that may be examined. Councilman Arnerich clarified other jurisdictions pay but not this one, and the Community Development Director agreed. Councilmember Lucas stated she would second the motion, would like to see a list of surrounding Community Improvement Commissions that pay their commissioners and what the pay is; and inquired where the $75,000 figure came from. The City Manager noted the former Council raised the dollar level to expedite matters. Councilmember Lucas stated she would like the authorization of $75,000, as a cap for purchases without Council authorization, be agendized. President Withrow called for objections and hearing none, stated the motion carried by unanimous vote. 91-422 Resolution No. 12118 "Authorizing Fuel Efficient Traffic Signal Management Program Grant Application and authorizing execution upon approval by the State of California." Councilmember Roth stated he believes there should be better synchronization of traffic signals, would like computerized traffic signals for better traffic flow through cross streets and if available, perhaps more grants should be requested for other areas. The Public Works Director stated the State indicated, if more was requested, the City would probably not get the grant; and added that the City is moving forward on the control of Park Street signals. Councilmember Roth moved adoption of the resolution. Councilmember Camicia seconded the motion. President Withrow called for objections and hearing none, stated the motion carried unanimously. 91-423 Resolution No. 12119 "Supporting Senate Bill 210 and the Equitable Distribution of Bridge Toll Revenues for Public Transit." Councilman Arnerich stated several legislators appear to want to change method of cities receiving monies from bridge toll increases and most of monies would go to Bay Area Rapid Transit; while Alameda does not have BART but relies heavily on AC Transit. June 1S, 1991 177 Councilmember Camicia moved Council support the Bill but oppose amendments that refer to Antioch or Dublin. Councilman Arnerich stated he would like to have staff recommendation incorporate the portion of the letter from John Woodbury, President, Board of Directors, which states, "On behalf of local bus riders, AC Transit sincerely appreciates your consideration of this matter," as the matter will be heard on the Senate floor within a few weeks. Councilmember Camicia agreed to the modification. President Withrow called for objections and hearing none, stated the motion carried unanimously. FINAL PASSAGE OF ORDINANCES 91-424 Ordinance No. 2560, N.S. "Amending Subsections 11-134(h), 11-138(h), 11-1312(i), 11-1316(i), 11-1320(i), 11-1324(i), 11-1328(h), 11-14A7(j), Chapter I, Title XI of the Alameda Municipal Code relating to fences." Adopted. Councilmember Roth stated he is concerned because the height of fences in front of properties is reduced to three feet and such items are passed which are somewhat unenforceable except selectively and he believes that is unfair; and other portions should be looked at. Councilmember Camicia inquired if Councilmember Roth was suggesting Council take another look and Councilmember Roth stated he would suggest that. Council discussed the feasibility and enforcement of the height of fences. Councilmember Roth stated the matter should be reviewed again so it will be fair and equitable for everyone in the City. Councilmember Lucas moved adoption. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmember Arnerich, Camicia, Lucas, and President Withrow - 4. Noes: Councilmember Roth - 1. Absent: None. RESOLUTIONS 91-425 Resolution No. 12120 "Establishing time limits for public discussion at City of Alameda City Council Meetings." Councilmember Roth moved adoption. Councilmember Camicia 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. 91-426 Resolution No. 12121 "Setting Order of Business of City of Alameda City Council Meetings." Councilmember Roth noted the change in location of Written June 18, 1991 170 Communications on the agenda and the City Attorney noted the category is included under Agenda items No. 7. Councilmember Roth moved adoption of the resolution. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 91-427 Resolution No. 12122 "Authorizing Advance Disability Pension Payments in certain specified cases." Councilmember Lucas moved adoption. Councilmember Camicia seconded the motion. President Withrow called for objections and hearing none, stated the motion carried unanimously. NEW BUSINESS 91-428 Councilmember Roth requested violations of Zoning Ordinance be looked at as a source of revenue e.g., more stiff fines, perhaps $3-5,000, for bootlegged apartment units. 91-429 Councilmember Camicia stated he understands a request for removal of parking meters may come before Council, and he requested a report in advance on what the City might lose, and on the affect of removal of meters. Councilman Arnerich requested the report include what affect a two-hour parking limit may have. 91-430 Councilman Arnerich stated he would like a resolution on the July 2, 1991, agenda opposing East Bay Municipal Utility Districts consideration of rate increase for citizens reducing consumption. 91-431 Councilmember Lucas complimented the Public Works Department for doing a professional job in setting out trees in a Taylor Avenue area, adding that persons in that neighborhood have expressed appreciation for the work done. 91-432 Councilman Arnerich stated many accidents involving police vehicles, e.g., in San Francisco, and requested Council be provided with a copy of the Police Department procedures and policy concerning high-speed chases. 91-433 Mayor Withrow reported the United States Conference of Mayors in San Diego, which he attended, approved the resolution, which is to be worked through Congress, that he and Mayor Dave Karp [San Leandro] presented; the legislation [which includes reference to the loss of jobs and economic impact on Americans due to base closure, the cost of maintaining the U.S. military overseas, and the military Force Level reduction] urges the President and Congress to apply the same level of scrutiny to bases overseas as at home; and he noted the major focus of the Conference was on education, and that several mayors were interested in initiating the same type of meeting held June 18, 1991 regularly between representative members of the City Council and the Alameda Unified School District Board of Education. ADJOURNMENT President Withrow adjourned the meeting at 9:40 p.m. Respectfully submitted, -4c Patricia Calbreath Deputy City Clerk The agenda for this meeting was posted 72 hours in advance. *Paragraph numbers 434-443 were not used. June 18, 1991