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1990-09-04 Regular CC Minutes292 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA SEPTEMBER 4, 1990 The meeting convened at 7:30 p.m. with President Corica presiding. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Doug Henderson gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Absent: None. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION(S), if any. President Corica announced that Council did not go into Closed Session and therefore, no action was taken. CONSENT CALENDAR At the request of John Scott Graham, 1728 Tregloan Court, (90-643) report on repair and resurfacing certain streets, (90-644) report on accepting improvement for Tract 5716, and (90-645) report regarding permit for maintenance dredging; and at the request of Councilmember Thomas, items (90-646) report regarding grant funds for child care services, (90-647) report to set hearing on Appeal concerning variance for chain link fence, (90-649) resolution regarding committee for Business and Waterfront Improvement Project, and (90-650) resolution denying Appeal regarding ferry terminal, were removed from the Consent Calendar and placed on the regular agenda. Councilmember Thomas stated she would abstain on (*90-629) ordinance amending Ordinance No. 1082 Pension Fund, and vote no on (*90-630) Bills. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. [See (90-633) for comments regarding (*90-629) ordinance amending Ordinance No. 1082, Pension Fund.] REPORTS AND RECOMMENDATIONS *90-624 From Assistant City Manager recommending acceptance of work by T.J. Lynch Construction, Inc., for the Golf Complex Restroom Reconstruction Project. Accepted. *90-625 From Recreation and Parks Director recommending adoption of plans and specifications for construction of the "Doc" Harrington Soccer Field. Accepted. *90-626 From Finance Director recommending contract renewal for Great Western Deferred Compensation Services and recommending amendment of Trust Agreement with ICMA Retirement Corporation for Deferred Compensation Services, September 4, 1990 293 RESOLUTIONS *90 -627 Resolution No. 12011. "Authorizing Fuel Efficient Traffic Signal Management Program Grant Application and authorizing execution upon approval by the State." FINAL PASSAGE OF ORDINANCE *90 -628 Ordinance No. 2496, N.S. "Amending the Real Estate Property Tax Ordinance." Adopted. *90 -629 Ordinance No. t N.S. "Amending Ordinance No. 1082, New Series, to retain existing Pension Fund and provide an option for members of the Police and Fire Departments of the City of Alameda to transfer to State of California Public Employees Pension System (PERS). (Requires Five Affirmative Votes, pursuant to Section 28 of Pension Ordinance.) Not adopted. [Abstention: Councilmember Thomas - 1.] [Subsequently, a motion for reconsideration was made and carried. See paragraph 90 -633.] BILLS 90 -630 A List of Claims, certified by the City Manager as correct, was ratified in the sum of $2,977,381.48. [Noes: Councilmember Thomas - 1.] MINUTES Councilmember Withrow moved approval of the Minutes of the Regular Council Meeting of August 21, 1990. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 90 -631 Proclamation declaring the month of September as Meals on Wheels Month. President Corica read the Proclamation regarding the Meals on Wheels Program and presented the Proclamation to Rosemary Perata and Charles Tillman. 90 -632 Posthumous Commendation of Nancymarie van Praag, former Director of the Midway Center. President Corica read the commendation and a letter of condolence, and presented the framed documents to the eldest child of Nancymarie van Praag, Maggie van Praag, who expressed her appreciation. 90 -633 Councilmember Camicia inquired regarding the vote on the ordinance under Final Passage of Ordinances on the Consent Calendar concerning Ordinance 1082, *90 -629, what the impact would be on the matter due to "no action" [as five votes were required for passage but one abstention had been cast.] September 4, 1990 The City Manager noted there were five ayes for the introduction of the ordinance [at the August 21, 1990 Council Meeting]. President Corica inquired if the matter could be brought back to Council, to which the City Attorney replied that could be done, but if the abstention is due to a conflict of interest, the law requires that conflict be stated. Councilmember Thomas stated she filed a document with the City Clerk [on August 2, 1990] which was subsequently seized by the police following discussion with the City Attorney; she has filed a claim for return of the document, and until it is returned, she believes voting for or against the matter [ordinance], even though she favors it, would be inappropriate. In response to Councilmember Withrow's inquiry regarding passage of the ordinance, the City Attorney stated the Pension Ordinance requires five votes, but she would review the existing ordinance to see whether or not the five affirmative votes on the introduction of the ordinance will suffice and perhaps the best approach will be to move to reconsider the matter and agendize the ordinance for the next Council Meeting. Councilmember Camicia moved to reconsider the matter, and inquired if the conflict of interest question is resolved. The City Attorney stated she does not believe Thomas's reason for abstaining is a technical conflict of interest, but she will review the entire matter and report back to Council. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: None. Absent: None. Abstentions: Councilmember Thomas - 1. [Note: Subsequently, the ordinance was adopted at a Special Council Meeting on September 7, 1990.] HEARINGS 90 -634 Consideration of amendments to Utility Users Tax Ordinance. President Corica explained the procedure of the hearing. The Finance Director reviewed the background of the matter. The public portion of the hearing was opened. On the call for proponents, there were none. On the call for opponents, the following persons spoke: Don Roberts, 880 Portola Avenue, stated water is a basic need and should not be taxed; regarding Cable television, there is currently a five percent franchise fee, which in effect is paid by September 4, 1990 295 consumers; if the proposed tax is to pay for the City Hall and Carnegie Building projects, questioned if the proposed tax would be discontinued when projects are completed. Ronda Cohn, General Manger, United Cable Television, 339 Broadway, stated Cable TV is a discretionary purchase not a utility; customers already pay five percent to the City, an additional five percent is unfair; when rates increase, less people take Cable and the franchise fee will be reduced to the City, and that loss should be considered. Richard Roth, 1417 - 5th Street, stated proposed fees are continually being considered, and urged Council to allow the utility taxes to remain as they are at present. John Scott Graham, 1728 Tregloan, stated his concern regarding tax on water. Stanford Shane, 470D Cola Ballena, stated it is time to use common sense on proposing taxes, and on expenses, and he would like an answer on why the Bureau of Electricity cannot be sold to P.G.& E. The public portion of the hearing was closed. Councilmember Camicia stated staff keeps bringing proposals for fee increases to Council which indicates there is a problem; there has not been a report from the Finance Committee on what the problems are, and he believes there should be an explanation to the citizens on why fees are being raised. The Finance Director responded fee increases are necessary because of unfunded capital projects, and cost of such projects is escalating. The City Manager added that the State has passed legislation which allows the County to pass on charges to the City not previously required, also, certain tax revenue will not be passed on to the City as in the past, the financial condition of the State and County is worsening, therefore, the City must make decisions now to protect its future. Councilmember Camicia stated conditions are not going to get better; the State will continue to pass responsibility to the cities; and Council must decide to either pass more fees or begin to pay attention to what services must be cut, whether recreation or library services or other cuts. President Corica stated Councilmember Camicia's points are well taken; he would like to see the Finance Committee review the matter and provide a recommendation. Councilmember Withrow stated he cannot raise taxes just to gather revenue, he would like a requirements-oriented document which defines what is needed and identifies the alternate sources to raising capital to meet those requirements; City Hall and the Carnegie Building must be refurbished as the State has mandated September 4, 1990 296 seismic upgrading; he would like a five-year revenue plan projecting where revenues may come from, what costs and capital requirements are going to be, so that Council can look at alternatives and select what will be best for the City. The City Manager stated studies would be good, however, there is State legislation being formulated which will preclude cities, as Proposition 13 did, from being able to make choices in revenue sources, and using those to bail the City out of what it will be facing in the future. Councilmember Withrow proposed Council approve the fees requested by staff with the contingency that staff report within ninety days with the requirement defined, and if in fact this [utility tax] is the best way to raise taxes to cover the requirements, otherwise the tax will revert to the current standard. President Corica stated the least amount should be taxed, there should not be a tax on water, but if Council wishes to go ahead with the contingency mentioned, a report can be brought back to Council and possibly the tax rescinded. Councilmember Thomas commented on hazardous waste, and other, rate increases, believes it is a good idea to refer the matter back to the Finance Committee; if the fee is enacted now, she does not believe it will ever be reduced, believes the budgeted pay raise was unfunded; until Council knows exactly what it wants, she does not believe Council needs to accept the proposal. Councilmember Withrow stated the intent is to preserve options; agrees that most taxes imposed do not come off, the approval of the utility users tax be contingent subsequent approval by Council within a defined period of would be reasonable to define the requirements; and defined requirements] are not passed by Council, the users] taxes will come off. President Corica stated he would like to support the however, he does not believe the five percent for water included. Council's and moved upon the time that if [the [utility proposal, should be Councilman Arnerich stated he is not for the increase, reviewed amounts that would be raised by proposed taxes; commented on continuous raising of taxes; and would like to know what the money will fund. President Corica stated perhaps the matter should simply be given to the Finance Committee to review and report back. Councilmember Withrow stated he agrees with sentiments stated, however he understands the ability to cover options should be put in motion immediately or the opportunity could be lost. The City Mangaer final passage of there was no lead September 4, 1990 noted the time constraints on introduction and ordinances, plus thirty days to take effect; time for cities because State action took place 297 in August, the City budget was balanced at that time, but now time is of the essence. Councilmember Camicia stated Council does not want to raise fees, but if fees are not raised, the Council must cut City services; it should be part of the motion that if for some reason Council cannot keep the tax in place or make up revenues, prioritization of City services should be included. Councilmember Withrow amended his motion to include that modification. Councilmember Withrow reiterated his motion is to approve the ordinance recommendation at the 5.5 percent rate; the approval is contingent upon the staff and the Finance Committee returning with documentation that would define the need for [increase in] revenue and would define the best source of revenue to meet requirements, otherwise the [utility users] taxes automatically are removed. The City Attorney inquired if Council would be opposed to passing the ordinances and having the matter agendized in ninety days for review, at which time Council could take an action to either repeal or affirm at that point; the affect would be the same [as the motion] except that the contingency would be a review. Councilmember Withrow amended his motion accordingly. The motion [to introduce the following three ordinances] was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. INTRODUCTION OF ORDINANCES 90-635 Ordinances No. Code by adding Title III, the application of the Introduced. [See paragraph 90-634] N.S. "Amending the Chapter 12, Article 5, existing Utility Users 90-636 Ordinances No. Code by adding Title III, the application of the Television." Introduced. Alameda Municipal by providing for Tax to water." , N.S. "Amending the Alameda Municipal Chapter 12, Article 6, by providing for existing Utility Users Tax to Cable [See paragraph 90-634] 90-637 Ordinances No. N.S. "Amending the Alameda Municipal Code by adding Title III, Chapter 12, Sections 3-1221, 3-1231, 3-1241, 3-1251, and 3-1261, by increasing the existing Utility Users Tax one-half percent (1/2%) on Telephone, Electricity, Gas, Water and Cable Television." Introduced. [See paragraph 90-634] 90-638 Consideration of an amendment to Transient Occupancy Tax Ordinance. President Corica explained the procedure of the hearing. The public portion of the hearing was opened. September 4, 1990 298 On the call for proponents the following persons: John Scott Graham, 1728 Tregloan Court, stated perhaps the tax could be used for funding the needy, e.g., homeless, Meals on Wheels. Charles Douglas, Manager, Islander Motel, Alameda, stated there is an exemption for persons on official business; all military personnel stationed locally are on official business and should receive an exemption. President Corica stated he would also like to see the private sector assist by perhaps lowering the price of rooms for the military. Mr. Douglas stated if the exemption is passed he will lower his price [for the military]. Diane Coler -Dark, 2857 Jackson Street, stated she is not opposed to the increase and stated the tax benefits in the report on the Ballena Hotel [See Paragraph 90 -640, Appeal] are not based on market study. Councilmember Withrow moved approval of increase from rate of eight percent to ten percent and staff amend the ordinance to exempt military personnel. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 90 -639 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Title III, Chapter 14, Article 2, Section 3 -1421, pertaining to increasing Transient Occupancy Tax and providing a penalty clause for non - payment." Councilmember Camicia moved introduction. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. APPEALS 90 -640 Consideration of Appeal of Planning Board decision to approve Planned Development Amendment, PDA -90 -7, for the Ballena Isle Hotel, Conference Center, Office Buildings and Marina - related Facilities. Location: Ballena Isle. Appellant: Elizabeth A. Principato- Phipps for Alamedans for Responsible Planning. President Corica explained the procedure of the Appeal. The Planning Director reviewed the background of the matter. In response to Councilman Arnerich's question regarding who will be monitoring the speakers to determine if comments address what is on the record, President Corica stated the Associate Planner would September 4, 1990 299 monitor. The public portion of the hearing was opened. The following persons spoke: Richard Carlson, 169 Scenic Avenue, Piedmont, stated he believes this is an opportunity for a real landmark and addition in Alameda, and will create revenue for the City. Charles Ormond, 1363 Crown Drive, requested Council support the Planning Board's decision, creating something wonderful for Alameda, and particularly West Alameda. Virginia Fowler, 1001 Shoreline Drive, agreed with the previous speaker and requested Council abide by Planning Board's decision. Charles Fowler, 1001 Shoreline Drive, stated he favors the hotel, change and growth is inevitable, the developer cooperates with the City; and some traffic is caused by people going out of Alameda to spend money, the hotel may bring money into Alameda. Charles Tillman, 2415 Roosevelt Drive, stated with the time and effort expended to refine the project, he believes Alameda will be receptive, the completion of the project is now imperative, and he is in accord with the proposal. James Oliver, Alameda, stated traffic is noisy on Ballena Boulevard and the project would destroy the nature of Alameda. Bruce Young, 328 Capetown Drive, Member, Alameda. Alliance of Homeowners, stated the Alliance is not opposed to the concept of well- integrated hotels, businesses, etc.; expressed concerns regarding traffic, and stated the project should be returned to the Planning Board to allow citizens more input. Thomasina Woida, 1210 Porta Ballena, addressed office space, parking, the 1989 EIR and 1990 Addendum to the report; and requested Council deny the project or remand it to the Planning Board. Elizabeth Phipps, Appellant, 536 Kings Road, stated developers had noted she did not bring the Appeal properly; it is true she did not state specific findings but listed findings she felt were not considered; believes CEQA has not been complied with; believes the [Planning Board] decision is unsupported by evidence; did not receive Addendum to EIR in time to consider impacts; there should have been a supplemental EIR as there were substantial changes; and requested the matter be sent back to the Planning Board, to allow proper time to address the issues. Jenise Porter, 1067 Mangrove Lane, noted several organizations would have used the hotel site proposed had the facilities been there, dislikes going out of Alameda for facilities, and opposed the Appeal. September 4, 1990 300 Robert Partridge, 429 Cola Ballena, stated he has lived in Ballena Bay since 1969 when he was informed the hotel site would be developed as now described; he has been waiting for it; would like to house clients in Alameda; and noted if yacht harbor fails, so will property values. Ben Lopez, 2200 Central Avenue, United Pilipinos of Alameda, stated his support for the project; believes the hotel will not only generate revenue but will help people and reduce homelessness by generating jobs; and urged Council's support. Douglas Haines, Alameda, stated the project is excellent, and requested Council support the Planning Board and deny the Appeal. Russell Reed, 1200 Ballena Blvd., stated opposition to hotel construction because lands should be used only for maritime and water - oriented purposes, referred to master lease, and stated hotel should be denied. Kathleen Browne, 814 Ironwood Road, urged voting against hotel project; stated traffic problems could develop, persons cannot be hired from Alameda only; banquet room needs do not warrant the complex, and believes a little of spirit of Alameda will be lost. Diane Brach, 546 Kings Road, stated she does not believe Planning Board's approval has considered its own findings; cited some findings, and addressed marketing and traffic concerns. Christopher Hanson, Alamaeda, stated the hotel would benefit the West End redevelopment process and urged Council support the project. Armiger Bill Dredge, 1136A Ballena Blvd., stated traffic is not a valid complaint in the area; the hotel site has not been maintained for years; the project is good and would benefit Alameda. Jane Brown, 1415 Broadway, Manager, Alameda Hotel, noted the Alameda Hotel has banquet facilities, there are accommodations within the City; the proposed hotel would be a lovely addition but is not needed, and she would like Alameda to remain a small town. Del Blaylock, 1170 Island Drive, Greater Alameda Business Association, implored Council deny Appeal, commending Planning Board for efforts, studies and analyses; stated many organizations could benefit by use of hotel, and requested Council support Planning Board decision. John Ravet, 1816 St. Charles Street, stated it is time to look at benefits the proposed hotel would bring to Alameda; noted difficulty of finding meeting places for organizations; and requested Council support Planning Board decision. Martha Beazley, Alameda, Member, Planning Board, stated the hotel is needed in Alameda, the Developer has been cooperative; all meetings were noticed and open to public input; the Planning Board September 4, 1990 301 has extensively studied and reviewed the matter and it is time to move ahead. Joyce Linney, 542 Queens Road, stated she opposes the hotel; the area is too small for the project; discussed marketing; stated the project could fail, and traffic could be a problem. Benny Williams, 1098 Sherman Street, stated he owns a convenience store at Ballena Bay, there is a great need for increased business and he cannot think of anything better than the proposed hotel project. Martha O'Hayer, Alameda, stated she believes the project would be good for the City; a quality hotel and facilities for events is needed; and the project would provide jobs and revenue. Zino Connors, 735 Plamera Court, stated he believes that John Desmond [Developer] has good business sense, has been cooperative with the Planning Board, and will do a good job, and it is time for the hotel to be built. Steve Atkinson, Attorney, Baker & McKenzie, Two Embarcadero, San Francisco, thanked Planning Board, staff and citizens for input and support; stated the project is the product of a four -year process and is finely -tuned to meet concerns of staff and citizens; all notice procedures were followed; key improvements are design, large open space, etc; benefits to the City are high quality meeting and banquet facilities, quality hotel, employment opportunity, 6.5 acres of publicly accessable open space developed at no cost to the City, new office space, consistent with Tidelands Act; Tidelands site cannot be used for residential, traffic issue has been studied; and a number of mitigation measures, endorsed by staff as being effective, have been endorsed. Harry Nelson, 1150 Ballena Blvd., stated the proposed project is the first step in a long process to bring to the City a first class marina with amenities, and requested Council support the proposed hotel. June Catalano, Director of Planning, Baker & McKenzie, Attorneys at Law, Two Embarcadero, San Francisco, representing Applicant, stated project will generate almost $600,000 a year in revenue to the City; the EIR was done by an independent consultant; the hotel project will also pay for police and fire services, affordable housing, road improvement and other services, development and maintenance of 6.5 acres of open space, ongoing lease payments; the island was constructed by the original leaseholder at no cost to the City, current Applicant paid the value of the work when assuming the lease; the island is subject to erosion and must be maintained by the lessee, as well as dredging and maintenance of the roadway, and at the end of the lease period, all improvements will revert to the City. Debra Weiss, 1361 Crown Drive, stated she is in favor of the project and would appreciate Council's support. September 4, 1990 302 Sherwood Stockwell, San Francisco, stated he and Gary Fong, the project architects, are present to answer any questions. At Councilmember Camicia's request, Mr. Stockwell compared the open space in the current proposal to the previous one, pointing out the area, on drawings, noting that previously there was a restaurant, two office buildings and some parking in the open space area. John Desmond, 1150 Ballena Blvd., stated he, as a developer, has been in the hotel business twenty years, and believes this is one of the best he has ever worked on; the project the elements of success as it has location, view and amenities of the yacht harbor; City organizations want facilities; the hotel has been downsized, a new architectural firm was selected whose experience in hotel design is unique; Mr. Stockwell's Inn at Spanish Bay in Pebble Beach, CA, has won nationwide recognition and awards, and has been very successful. Stan Shane, 470 Cola Ballena, stated he would like the project remanded back to the Planning Board, questioned what hotel costs there may be to the City, and commented on mitigations. Diane Coler -Dark, 2857 Jackson Avenue, stated interested parties were not informed, no hotel and office building market study was done; addressed transient occupancy tax, and marketing study; is not against development at the Ballena Bay site, but believes there should be proper market studies. President Corica noted Ms. Phipps's statements concerning the addendum to the EIR, and requested further comment; to which Ms. Phipps stated the addendum could only be used for minor changes to the draft EIR and if major changes are to be made in a project, a supplemental EIR must be made; there should have been a full hearing on the addendum and there was no notice on the addendum. Councilmember Thomas inquired if staff or the Board refused to consider EIR problems, to which Ms. Phipps replied staff's response was that the project was substantially redesigned subsequent to the first denial in 1989, because of this redesign the previous findings justifying denial were, in the judgment of the Planning Board and Planning Department, no longer applicable and therefore were not addressed. Councilmember Camicia requested staff address CEQA Section 15163 and explain the difference between supplements to an EIR and an addendum to an EIR and why the addendum was chosen. President Corica requested an attorney's opinion on the legality of the handling of the addendum, and the City Attorney stated she had reviewed the issue and it is her opinion the process is correct, and there has been compliance with CEQA and the EIR. The Associate Planner replied when staff discussed substantial change to the project, the change referred to was reduction of proposed project impacts, and projects can always be mitigated by September 4, 1990 303 reducing impacts without requiring a new EIR; it is on that basis staff believed it was appropriate to do an addendum as opposed to a supplemental EIR. Councilmember Thomas stated the Appellant had cited the case of Inyo and requested an opinion. Councilmember Camicia read CEQA Section 15164 3(b), stating, "An addendum need not be circulated for public review but can be included in or attached to the final EIR," and stated that appears clear to him. Councilmember Withrow requested Mr. Atkinson to comment on the issue. Mr. Atkinson replied CEQA guidelines establish specific criteria when a supplement EIR is required, generally a change in the project which will create significant new impacts; in this case the project was downsized, has more open space, everything about the current proposal is of lesser impact than the prior proposal, and many changes were architectural and are not subject to a supplemental EIR; and the case cited is out of context. Councilmember Thomas referred to page 4 of the addendum to the EIR regarding Tidelands used for office space and stated Council needs to have an independent staff opinion. The Associate Planner stated one of the conditions of approval added by Planning Board, at staff's recommendation, is that prior to any lease being offered to any office tenant, the operator of the complex must provide information to the City to allow the City ' to make an independent judgment as to whether the City is comfortable that the office's proposed use is consistent with the State Tidelands Act, and the State Tidelands Commission's approved list of offices would be relied upon. Councilman Arnerich moved the meeting continue past 11:00 p.m. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. To Councilmember Thomas's question, the Assistant Planner noted the office use question is Condition No. 58, of Attachment 4 of Council's packet, which is Planning Board Resolution 2084. The City Attorney stated that through her experience with the State Lands Commission and in cities of Newport Beach and Santa Monica with tidelands buildings, office use is a permitted use, and a State Lands Commission attorney has assured her the office use is a permitted use. Councilmember Thomas stated the question of the law office, a delicatessen, etc., are questions she has; and the Assistant September 4, 1990 304 Planner replied that would depend upon the individual case, if the business is marine - oriented. President Corica discussed traffic concerns and noted there are 300 units of Navy housing, Todd Shipyard, Paragon development, and the reopening of Paden School to be considered, and he believes traffic will be an issue. Under discussion following concerns expressed by President Corica regarding a "private road" sign on the property, Mr. Atkinson stated the sign means "private" in terms of maintenance, however, it will be changed to avoid misinterpretation. Councilman Arnerich suggested the sign be taken down. Councilmember Withrow stated he agrees the sign is misleading, and would encourage owners to remove the sign. Councilmember Camicia stated he has worked on the hotel project when he was on the Planning Board; a lot of time, over the years, has been spent discussing environmental impact; the Applicant obtained an EIR although it was not required; he reviewed the background of the project; noted the Planning Board resolution contains 52 findings and 76 conditions, and is very stringent; reviewed and addressed issues of the Appeal presented by Ms. Phipps; stated the project is very good for Alameda; and he will support it. President Corica commented that there has been reference in the addendum to traffic and doing an annual Traffic Systems Management [TSM] survey of employees, however the City does not yet have a TSM ordinance. Councilmember Camicia noted the traffic conditions are very stringent and will precede the ordinance. The Associate Planner noted the traffic requirements will apply whether or not the City adopts a TSM ordinance; if the City adopts a tougher ordinance, that ordinance would apply; and the goals and penalties are the toughest he is aware of in any other ordinances in the State. Councilmember Thomas stated the City owns the property and gets only $26,000 a year; believes the lease should be renegotiated, suggested terminating the lease; addressed the waste stream; she would like the matter referred to the Planning Board for analysis of impact on the Farmers Market, would like the lease referred to outside counsel for review to see if the City can get more money, and if the City can get the hotel free of charge when the lease runs out; noted Marina Village has a good project but cancelled its plans for a hotel and wondered if the developer had done a marketing study; and she would like included in the record that she, and other Councilmembers, had each received notes from the Developer, stating if there were questions, please contact them [developer], and she does not believe that is appropriate. September 4, 1990 305 Councilman Arnerich stated people opposed South Shore but the taxes saved the City; reviewed other areas of the City's growth; since completion of Constitution Way, traffic on Webster Street is down 20 to 35 percent; the hotel project has taken many years and should be acted upon; he would like to see developers hire Alameda persons and perhaps give the City an accounting at the end of the year; would like to see all Alameda organizations given opportunity to use the facilities; Council has studied the matter, and Planning Board has extensively studied the matter. Councilman Arnerich inquired if the rates on the lease are firm, to which the City Manager replied they are firm unless there can be renegotiation. Councilmember Thomas stated she would like to have outside counsel review the lease. President Corica inquired if Mr. Nelson would be interested in renegotiating the lease, and Mr. Nelson replied he would not. Councilmember Withrow stated the project has strong broad-based public support including support in the Ballena Bay area; residents have stressed having facilities in Alameda; he believes the project will provide jobs for Alamedans, the hotel has a beautiful location and strong hotel manager, will be a positive impact on the West End, an enhancement to the City; and the Planning Board has worked diligently for a number of years, has kept a clear scope on its goals, and is a credit to the individuals involved and to the City. Councilmember Withrow moved to deny the Appeal and provide support for the time, effort and decision of the Planning Board. Councilmember Camicia seconded the motion. Councilman Arnerich stated he will support that motion on the following two conditions: 1) that every effort be made to hire local citizens and perhaps at the end of the year, show they have made a definite commitment; and 2) that every effort be made to give preference to local civic groups, e.g., use of the facilities. Councilmember Withrow stated he would amend his motion accordingly. Mr. Nelson stated he agrees with the conditions and noted there are consistently ads being run in the Alameda newspaper for local help. Councilmember Camicia stated in regard to the first condition, that the phrase "to whatever extent legal," be included in order to avoid any legal impropriety. The City Attorney stated every effort, meaning "best effort," will suffice. Councilman Arnerich agreed that it is his intent, that there be social responsibility including costs involved in fund raising. September 4, 1990 306 President Corica noted he has traffic concerns and he will be voting no on the project for that reason. Councilmember Thomas stated she will be voting no because she believes this is the height of fiscal irresponsibility to the voters. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia and Withrow - 3. Noes: Councilmember Thomas and President Corica - 2. Absent: None. REPORTS AND RECOMMENDATIONS. 90-641 From Finance Committee regarding driving under the influence cost recovery program. Councilmember Camicia moved acceptance of the report and recommendation. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-642 From Public Works Director on the proposed mitigation program to reduce seismic hazards in unreinforced masonry buildings. (SB-547) President Corica commented a draft ordinance is needed; noted that former Committee Members Scott Brady and Linda Soulages have agreed to act as advisors; and letters of appreciation should be written to former URM Committee Members. James Thompson, 3231 Calhoun Street, reported on the meeting held with the Public Works Director, and inquired concerning the re-examination of the URM buildings list. The Public Works Director responded that the re-examination has already begun. Wil Garfinkle, 2515 Blanding Avenue, URM property owner, made suggestions concerning meeting State requirements, suggested a little more time be spent to refine the ordinance, and thanked Council for its objectivity. Herbert Von Coldnitz, 233 Brighton Court, stated as retired professional consulting engineer, he appreciates the problems of strengthening, reinforcing and financing URM buildings but is familiar with disasters that result from not strengthening, and noted massive financial losses in revenue to Santa Cruz and to the businesses. Councilmember Withrow stated requirements must be kept separate from financial problems; Council needs to charge the Committee, identifying what it wants the Committee to do; a dedicated Committee with a professional consultant drafted the [proposed] ordinance, and the ordinance is to be amended, not redrafted; he would like to have a committee that will focus on the financial aspects of the matter; and stated wherever in the [staff's] recommendations the words "alternative draft ordinance" appear, the September 4, 1990 307 words "proposed amendments" should be substituted. President Corica stated he does not agree with Councilmember Withrow's suggestion for a separate finance committee; believes the former Committee's work should be retained and utilized wherever possible; perhaps the matter could be reviewed in a month and a finance committee be formed at that time if needed. Councilman Arnerich agreed that the recommendation should be accepted and staff should report back in 30 days. Councilmember Camicia seconded the motion. The City Manager noted the concern as voiced by Councilmember Withrow regarding the phrase "alternate draft ordinance" and stated perhaps the words "amendments to the ordinance" could be used. Council by consensus agreed. The motion was carried by unanimous voice vote - 5. 90-643 From Public Works Director recommending adoption of plans and specifications and calling for bids for repair and resurfacing of certain streets, Phase 12, No. P.W. 8-90-13. John Scott Graham, 1728 Tregloan Court, questioned the materials used for resurfacing. The Public Works Director noted the same aggregate is being used as during the past several years. Councilmember Camicia moved acceptance of the report and recommendation. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 90-644 From Public Works Director recommending acceptance of the improvements and release of bond for Tract 5716 (Alameda Marina Village). John Scott Graham, 1728 Tregloan Court, discussed condominiums as opposed to multiple dwellings. Councilmember Camicia moved acceptance of the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-645 From Public Works Director, regarding Ballena Bay Townhouse Association's Application for a permit to perform maintenance dredging. John Scott Graham, 1728 Tregloan Court, inquired if an (EIR) Environmental Impact Report is needed for the permit to dredge. The Public Works Director replied there is no requirement for an EIR with the small amount of dredging being considered. The City Attorney added that CEQA exempts maintenance dredging. September 4, 1990 308 Councilmember Camicia moved acceptance of the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90 -646 From Recreation and Parks Director recommending authorization of expenditure of grant funds for child care services from the State Department of Education. Councilmember Thomas commented additional funding is necessary for child care services, suggested Girls Club provide a shuttle service for various K through 5 schools, and requested funding sources be explored; noted 1989 was the highest birth rate year for the City; the child care situation will worsen; and the recommendation is a great step but is not enough. The City Manager said staff would report back on the matter. Councilmember Camicia moved acceptance of the report and recommendation. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 90 -647 From Planning Director setting a hearing date for Appeal of Variance V -90 -15 to permit the construction of a chain link fence around the softball /soccer field at the proposed Tillman Park at the corner of Aughinbaugh Way and Kofman Parkway where Zoning Ordinance Section 11- 14A7(j) does not allow chain link fences on residentially zoned or developed properties. Richard Roth, 1417 - 5th Street, stated he would like Council to review the policy banning chain link fences because he believes there are appropriate uses in appropriate places and the ordinance needs to be reviewed. Councilmember Thomas stated she agrees with the need for chain link fences in certain instances, e.g., for swimming pools. Councilmember Thomas moved acceptance of the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. Councilmember Thomas stated Council should reconsider section of the Zoning Ordinance which addresses chain link fences. RESOLUTIONS 90 -648 Resolution No. 12012. "Authorizing the purchase of a Communications Control Center System for the Police Department pursuant to Section 3 -15 of the City Charter." Adoption. Councilmember Thomas stated she would abstain for reasons stated earlier (See *90 -629 and 90 -633), on advice of counsel. Councilmember Withrow moved adoption. Councilmember Camicia seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow, and President September 4, 1990 309 Corica - 4. Noes: None, Absent: None, Abstentions: Councilmember Thomas - 1. 90-649 Resolution No. 12013. "Determining that a project area committee shall not be formed in connection with the Business and Waterfront Improvement Project (because substantial residential displacement not involved)." Adopted. Councilmember Camicia moved adoption. Councilmember Withrow seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Camicia, Withrow, and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 90-650 Resolution No. 12014. "Denying Appeal of Planning Board Resolution No. 2064, and approving Negative Declaration IS-90-2, Use Permit, UP-90-7, Use Permit 90-8, and Final Development Plan, FDP-90-1, for the proposed Harbor Bay Ferry Terminal at McCartney Road on the western shoreline of Bay Farm Island." Adopted. Councilman Arnerich moved adoption. Councilmember Withrow seconded the motion which carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 90-651 Ordinance No. • N.S. "Amending the Alameda Municipal Code by adding Chapter 16 to Title III thereof, providing for the City of Alameda Special Tax Financing Law, including General Provisions and Definitions, Powers and Procedures to issue Special Tax Bonds for the purpose of providing financing for Specified Purposes, and certain other Supplemental Provisions. (Paragon Development) (Community Facilities District No. 2) (Mello-Roos)." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmemlber Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-652 Ordinance No. N.S. "Amending the Alameda Municipal Code by amending Title IX, Chapter 1, Article 4, Section 9-1411 pertaining to Certificates required for vaccination of dogs." Introduced. Councilmember Camicia moved introduction of the ordinance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. UNFINISHED BUSINESS 90-653 Councilmember Camicia requested Council to write the District Attorney's Office regarding the lenient sentence given the drunk driver who killed Nancymarie Van Praag. President Corica agreed a letter should be written. Councilman Arnerich stated particularly in this case, it is important to write because this person had been released by the September 4, 1990 310 court system many times before the incident in question occurred. ORAL COMMUNICATIONS, NON-AGENDA ITEMS 90-654 Christopher Hanson noted various areas of concern regarding Councilmember Thomas. ADJOURNMENT President Corica adjourned the meeting at 12:38 a.m. Respectfully submitted, i-i, Ii DIANE B. FELSCH, CMC City Clerk This agenda was posted 72 hours in advance. September 4, 1990