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1990-11-07 Adjourned Regular CC Minutes369 ADJOURNED REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA NOVEMBER 7, 1990 The meeting convened at 7:41 p.m. (at the conclusion of the Community Improvement Commission Special Meeting) with President Corica presiding. The Pledge of Allegiance was led by Councilman Arnerich. Reverend Dorothy Kimbrell 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. 90 -759 Mayor Corica announced the following action taken prior to the adjourned regular meeting, when Council adjourned to Closed Session: a) Labor Relations pursuant to Subsection (a) of Government Code Section 54957.6 of the Brown Act: gave instructions to the City's negotiators. b) State of California v. Rosendin Electric, pursuant to Subsection (a) of Section 54956.9 of the Brown Act: gave instructions to the City Attorney. CONSENT CALENDAR President Corica announced that the City Manager requested (90 -778) Quarterly Financial Report, be removed from the Consent Calendar to the regular agenda. At the request of Councilmember Thomas, (90 -789) Bills were removed from the Consent Calendar to the regular agenda, and at Councilman Arnerich's request, (90 -777) report awarding contract for earthquake damage repair was removed from the Consent Calendar to the regular agenda. Councilmember Withrow moved approval of the remainder of the Consent Calendar. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS *90 -760 From Public Works Director recommending award of contract to Interstate Grading and Paving for Doolittle Landfill pedestrian pathway, No. P.W. 7- 89 -10. Accepted. *90 -761 From Public Works Director recommending approval of Request for Proposal for the design and construction of Alameda Gateway Ferry Terminal Facilities. Accepted. *90 -762 From Finance Director requesting ratification of Community Improvement Commission action to disburse tax increment funds to Alameda Housing Authority. Accepted. *90 -763 From Community Improvement Director regarding the selection of Hearing Officers for Affordable Housing Unit /Fee Appeals. Accepted. November 7, 1990 *90-764 From Public Works Director recommending authorization to amend Contract between the City of Alameda and Bissell & Karn, Inc. for the Design of the Doolittle Widening Project." Accepted. RESOLUTIONS *90-765 Resolution No. 12027. "Calling General Municipal Election to be held in the City of Alameda on Tuesday, March 5, 1991; Establishing Election Precincts; Fixing Number of Election Officers on the Board of Election for Each Precinct; Fixing Compensation of Election Officers and Designating Hours of Voting." Adopted. *90-766 Resolution No. 12028. "Authorizing Open Market Purchase of Approved Self-Contained High Pressure Breathing Apparatus and Related Equipment." Adopted. *90-767 Resolution No. 12029. "Approving Parcel Map 5984, located at 1226/1228 Regent Street, Subject to Certain Conditions and Granting an Exception from Section 11-3118.1 of the Subdivision Ordinance requiring Undergrounding of Utilities. (Subdivider: Mr. Harold Camping)" Adopted. FINAL PASSAGE OF ORDINANCE. *90-768 Ordinance No. 2511, N.S. "Amending Chapter I, Title XI (Zoning) of the Alameda Municipal Code relating to Satellite Dish Antennas. Applicant: City of Alameda." Adopted. President Corica announced 90-769 the ordinance regarding transfer of Alameda Avenue, has been pulled from the agenda at the request of the Alameda Unified School District; and recognized Barbara Rasmussen and Sam Huie, Board of Education, in the assembly. FINAL PASSAGE OF ORDINANCES 90-769 Ordinance No. N.S. "Approving Agreement with Alameda Unified School District for the Transfer of a Portion of Alameda Avenue, west of Oak Street." Held over to November 20, 1990. (See previous paragraph.) MINUTES Councilmember Camicia moved approval of the Minutes of the Regular Council Meeting of October 16, 1990, and Special Council Meetings of October 8, 1990, and October 16, 1990. Councilman Arnerich seconded the motion which carried by unanimous voice vote - 5. SPECIAL ORDERS OF THE DAY 90-770 Presentation of Service Recreation Commission Member. Certificate to Darlene Pharr, President Corica presented the Certificate to Ms. Pharr, commenting November 7, 1990 371 on the service she has given the City. The Recreation Manager thanked Ms. Pharr for her efforts, commitment, and caring attitude on the Commission and toward the Recreation Department. Ms. Pharr expressed appreciation, and her enjoyment in serving on the Commission. WRITTEN COMMUNICATIONS 90-771 From W. Lance Russum, Russum & Duncan, Alameda, transmitting petition of Eastshore Homeowners' Association requesting prompt action by Council to control traffic on Fernside Boulevard. Lance Russum, 1376 East Shore Drive, stated signatures submitted to Council are names of persons concerned about extreme danger for persons, especially children and senior citizens crossing the street; requested stop signs on Fernside to slow traffic; intersections without heavy traffic, speed, or pedestrian traffic, have stop signs; recommended signs at Central and Liberty; a third problem area is at Thompson; and requested Council take positive, definitive action. John Barni, Sr., 1380 East Shore Drive, concurred with Mr. Russum's statement; noted High Street has four signals and one stop sign, yet Fernside traffic is heavier and has only one stop sign and one signal; and urged Council consider Mr. Russum's requests. Dale Wright, 1371 Hansen Avenue, Eastshore Homeowners' Association, compared Fernside and High Streets' traffic devices; and urged consideration of a four-way stop at Central and Fernside. Janet Waring, 3317 Constance Circle, stated parents are afraid to allow their children to cross Fernside by themselves; it is very difficult to cross at Central; all principals of the four schools in the area are concerned about need for stop signs to provide safety. Councilmember Withrow inquired why stop signs were chosen as opposed to signal lights. Mr. Russum responded signal lights were preferred but because of cost and years of delay for installation, stops signs would be the first step; and noted more speed limit signs should be on Fernside. Councilmember Withrow stated the State guidelines are not mandatory; Fernside traffic has been discussed previously; he would like a firm commitment to set a requirement, and then find monies for stop lights on Fernside, with ability for pedestrians to manipulate lights, in addition to periodic stops; lights should be set to control speeds below the acknowledged 33 miles per hour; and not go through the step of providing stop signs; and so moved. Councilmember Camicia seconded the motion. Councilmember Thomas stated stop lights would be good, but a $2,000,000 budget deficit this year is predicted and many safety projects are on hold; inquired if funding mechanism was created for November 7, 1990 372 intersections impacted by developments and if funds are available for the lights, otherwise, under the warrant system, other intersections have higher priorities, and stop signs seem to be the best interim step; people coming from the Bay Farm Island Bridge, accelerate down the hill in the free right turn in front of Lincoln School and agreed with Homeowners' suggestion [noted in staff report] that a red arrow, at least, should be installed; and that should be the highest priority for funding. President Corica stated he believes the best thing to do is put the stop signs up immediately and get the funds to put a light in as quickly as possible. The City Manager commented the City entered into an agreement with Harbor Bay to provide for funding for certain impacted intersections; one was Encinal and Fernside; that fund is called the Traffic Improvement Fund; the other intersections discussed are not identified for funding; and discussed criteria for traffic devices. Councilman Arnerich compared the number of stop signs on Fernside to stop signs on other Alameda streets; noted alternative in the [staff] report to eliminate bike lanes on Fernside and make a four lane facility and stated that will never be done as it was agreed years ago not to make Fernside a convenient way from the Nimitz Freeway to Oakland Airport; he believes at this time a stop sign is needed at Liberty; stop signs can go in and funds can be established for a stop light. Councilmember Thomas stated the Settlement Agreement [Harbor Bay Isle] indicated impacted intersections would be funded from fees collected and perhaps there is latitude to identify intersections further impacted by the development and have the developer pay those fees; if that is not possible, Council should immediately put in stop signs and refer, just for cost basis, a red arrow to the Traffic Advisory. Councilmember Thomas requested the motion be read back. The City Clerk stated Councilmember Withrow's motion was for a firm commitment, setting a requirement, and monies found to put stop lights on Fernside. Councilmember Thomas stated she would agree if the motion is amended to state if money is not located within sixty days, that stop signs will be authorized, and the question will be referred to the Traffic Advisory Committee whether it is best to have a red arrow, a blinking arrow, or a stop sign in the free right turn which projects traffic past Lincoln School, what is cheapest and most effective. President Corica suggested first taking care of placing stop signs as quickly as possible. Councilman Arnerich inquired if Council is considering a four-way stop at either Liberty and Fernside or at Central and Fernside. Councilmember Withrow replied both locations; and he would like November 7, 1990 staff to report to Council identifying alternatives, and if there are none for funding within a reasonable time frame, he would like the budget to come before Council for review in terms of priorities. President Corica stated that is fine, however, he would like to hear a motion for a stop sign to be placed as quickly as possible. Councilmember Withrow so moved and Councilman Arnerich seconded. The motion was carried by unanimous voice vote - 5. Mr. Russum inquired if that would also include the white crosswalks. President Corica assured him the crosswalks would be included. The Public Works Director commented an ordinance would be brought before Council at the next meeting. REPORTS AND RECOMMENDATIONS 90-772 From City Manager recommending pursuit of adaptive reuse of two Webster Street buildings. Diane Coler-Dark, 2857 Jackson Street, submitted a letter from West Alameda Business Association (WABA); stated she is not addressing the West End Annex concept, only the Sprouse Reitz building; the General Fund cannot subsidize such a project, and redevelopment monies will not be forthcoming for two or more years; dedicating a major portion of redevelopment monies could be a critical decision; and suggested Council consider referring the proposal to the Economic Development Commission (EDC) to study and report back to Council. Gerhard Degemann, 19 Sandpiper Place, inquired if the relocation [Chamber of Commerce, Police Annex and WABA office] considered an enhancement to the business community on Webster Street; if so, he cannot agree and would like to know the appropriate time to discuss the matter and if it will be agendized. The City Manager responded enhancement is only part of the proposal; the report is only to receive comments and discuss the idea. President Corica suggested if Mr. Degemann wants the matter agendized, he may write Council to that affect, and the matter will be agendized. President Corica stated he is concerned; Alameda has excellent response time; if an annex is placed on Webster Street, staff will be needed, and if police personnel is to be increased, he would rather have more foot patrol than additional staff for an annex. The City Manager stated additional staff is not being considered; it is only a place to stop, write reports, or meet with someone, who has a concern, off the streets. Councilman Arnerich discussed hours and transportation of the walking patrol with Police Captain Schmitz, who noted the patrol can respond by car when necessary. November 7 1990 374 Captain Schmitz stated the annex would not be manned as a substation; the storefront would be more in line with current thinking on community policing with the philosophy of the walking patrol, and takes the police out to the community. President Corica stated if money is to be spent for the building, he would rather the money be spent for additional patrol on the street. Marsha Cook, 1544 Webster Street, owner, Johnnie's Cocktail Lounge, 1544 Webster Street, stated she favors and believes it would be helpful to have a police kiosk, sub-station or community center to meet with police; having police present in a friendly manner would be helpful, and she supports the proposal. Councilmember Thomas discussed the hours of the walking patrol with Captain Schmitz, a delineation of City sectors, the use of a room at the fire house [located at 635 Pacific Avenue] for report writing; and requested response time in sectors. Captain Schmitz stated response time on a priority-one call is three minutes throughout the City. Councilmember Thomas stated she agrees with the Mayor; putting money into the patrol instead of the building is more cost effective; inquired why the recommendation came before Council to direct staff to develop concepts and report back; the City Manager responded if Council proceeds with proposal, building owners must be notified, costs determined, etc.; and the space for police is only 10' x 12°. Councilmember Thomas noted, with the current real estate market, an unreinforced masonry building will not move quickly; discussed the importance of EDC and WABA input as they are the prime benefactors and will bear the burden, and referring the matter to the (EDC) for development of policy ideas, including what can be done with the monies to best maximize the benefits for Webster Street. Councilman Arnerich stated he believes the City Manager's recommendation is on stream, the report is a feasibility study of what can be done on vacant stores; and input should be obtained from the Chamber of Commerce, WABA, EDC, Main Street, Police Department, and citizens. President Corica stated to revitalize the area, revenue-producing businesses should go into the buildings; and entertained a motion to refer the matter to the EDC to test the pulse of the community and report back with what is best for Webster Street. Councilman Arnerich moved the recommendation with the addenda added by members of Council. Councilmember Withrow clarified that, in addition to the recommendation that the Council direct development of concepts and a report back, that there be input from WABA, EDC, and any other interested parties. November 7, 1990 375 Councilman Arnerich agreed, adding input from citizens, anyone else who wants to contribute, reports from Police and Fire Departments; and forwarding to EDC for report back. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-773 From City Manager regarding Airport Noise and Safety Strategies. (Councilmember Camicia) Red Wetherill, 28 Cove Road, commended Council for addressing matter; noted his business is noise control, he is willing to advise; noted extent of area of impact, national organizations are trying to fight problem, and the City should tell airport another runway is not needed. Robert DeCelle, P.O. Box 1606, Bay Farm Island Improvement League, stated when federal government starts flying mail during the night, nothing will stop them; the Port gave a curfew, but not in writing; would appreciate Council's involvement; and the League is willing to carry the fight. President Corica assured Mr. DeCelle that Council will fight. Rosalie McPherson, 1128 Marianas Lane, Citizen's League for Airport Safety and Serenity, stated strategy in report looks excellent; suggested adding an independent legal analysis be done on 1976 Settlement Agreement as it applies to Senate Bill 3094; hopes legislative analyst (Staff report, Page 3, No. 4) will include bill tracking to alert Council and community about any bills introduced; and inquired about Port's monitoring system. The City Manager responded basically the monitoring equipment is hooked up but not completely functioning. Mrs. McPherson urged Council undertake report proposal as a City strategy. President Corica stated the report includes talking to the Port; that can be done, but the Port is stalling for time, therefore he asked for inclusion of the fact that the City will be as tough as possible even if it includes litigation. Ms. McPherson thanked Council and stated the organization will work with the City. Barbara Tuleja, 22 Purcell, Co-Chair, CHBI Airport Safety and Noise Committee, thanked Council and Councilmember Camicia for working on the matter; recommended City obtain a specialized attorney who knows both technical and legal negotiations, particularly in view of new aviation policy and recent legislation. Gerhard Degemann, 19 Sandpiper Place, inquired if it is correct the study costs $100,000. The City Manager replied the report reflects two major costs involved, a legislative analyst and airport planner or acoustical engineer, each costing $25,000 to $50,000; the best estimate at this November 7, 1990 76 time is for an annual amount of approximately $100,000. Mr. Degemann expressed concern at possible duplication of efforts; the City Manager replied what the Homeowners are doing is separate, suggested coordination with the City where possible; and proposed a combined effort similar to efforts with the School District. Councilman Arnerich moved acceptance. There was no second. Councilmember Withrow moved recommendation of the City Manager [to pursue proposed strategy and contact homeowners to discuss contributions to project] be accommodated. Councilman Arnerich seconded the motion. Councilmember Camicia stated a request was made for analysis of the Settlement Agreement and how it is affected under Senate Bill 3094 which may affect the curfew; he would like to find out from the City's position, where the City is in regard to the 75dB CNEL line. Councilmember Thomas stated the City should have statistical data on what kind of aircraft is creating the problem, if the National Noise Policy Act requires phasing out certain stages of aircraft, and how the City can affect those guidelines; and perhaps the City Attorney could prepare the legal analysis. Councilmember Camicia agreed. Councilmember Thomas added that the Airport Land Use Commission be included as a resource. The motion was carried by unanimous voice vote - 5. 90-774 From Finance Director concerning Audit Program regarding Real Property Transfer Tax. Councilmember Thomas stated the matter deserves more research and believes the Finance Director has agreed to provide the research. The Finance Director stated Mr. Scott, County Assessor's Office, referred to Revenue and Taxation Code sections, adopted after Proposition 13, which address what triggers reassessment, he will review the documents again, and she [Finance Director] has requested a written report. Councilmember Thomas stated she believes the same transfer which triggers Transfer Tax also triggers the reappraisal pursuant to the Internal Revenue Code. A report in January, 1988, by outside counsel, stated there is enough evidence at this point in time to do what most taxing agencies do, and that is to assess the tax, and put the burden on the taxpayer to prove tax is not owed. The City Attorney stated provisions for reassessment are covered by the Revenue and Taxation Code, Section 64; suggested the County Assessor's written report be reviewed by staff when received, and sent to Council for consideration of options. November 7, 1990 37" Councilman Arnerich discussed transfer tax is not involved when there is not more than 50% ownership. John Barni, Sr., 1380 East Shore Drive, stated a transfer tax may not be triggered, but believes a reappraisal is triggered. Further discussion followed regarding transfers, during which Councilmember Thomas noted the statute of limitations may have run on certain transfers, e.g., Utah International, General Electric. Councilmember Thomas suggested seeking an amendment to regulations in order to catch property transfers and reassessments, and recommended the matter be brought to the attention of the Finance Directors' State Association. Councilmember Withrow moved acceptance of the document [report]. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-775 From Finance Director regarding prioritizing Unfunded Capital Projects and identification of Alternative Revenue Sources. Councilman Arnerich stated he is totally opposed to any taxation of water; and went on record opposing sale of the Golf Course facility. President Corica stated he does not agree with the sale of the Bureau of Electricity because service is provided to residents at five percent less than Pacific Gas & Electric; and Council should remove the application of Utility Users Tax to water. Councilmember Camicia stated the staff report was very good; Council needs to remove taxation of water from the recommendation. The Finance Director stated, at the next Council meeting, the [Utility Users Tax] ordinance will be brought back to Council and [the water tax] can then be repealed. Councilmember Thomas commented, at $10,000,000 for capital projects/improvements, total net debt services for twenty years costs $17,000,000, or $23-$25,000,000 for thirty years; if $10,000,000 worth of improvements are desired, why spend $20,000,000. Councilmember Withrow stated the report is excellent; and subsequently moved acceptance. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-776 From Finance Director regarding long-term Financial Forecast. Councilmember Camicia stated there must be a better way, over the long term, to prepare for the future and prepare for rainy days, and if the recommendation and the long range plan are followed, perhaps that is how to proceed. Councilman Arnerich stated Proposition 13 is in the past, and should not constantly be referred to. November 7, 1990 318 Councilman Arnerich moved acceptance. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-777 From Public Works Director recommending award of contract to MCE Corporation for earthquake damage repair at various locations, No. P.W. 3-90-5. Councilman Arnerich noted the lowest bidder did not qualify, and discussed collection on the bid bond with the Public Works Director. Councilman Arnerich accepted the recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-778 From Finance Director submitting Quarterly Financial Report for period ending September 30, 1990. The City Manager stated he requested removal of this item from Consent Calendar to highlight the fact there is a projected shortfall in revenues from the Real Estate Transfer Tax of approximately $1,000,000; is concerned about next Quarter Sales Tax Earnings as developers are not taking out permits at the same pace as in the past; noted other impacts on the budget and that he has requested Department heads to provide ways to save money and report the impacts involved; and he will report back to Council. Councilman Arnerich moved acceptance of recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. RESOLUTIONS 90-779 Resolution No. 12030 "Resolution of Intention to establish a Community Facilities District and to Authorize the Levy of Special Taxes. (Paragon Gateway Development)" Adopted. Councilmember Camicia moved adoption. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-780 Resolution No. 12031. "Resolution of Intention to Incur Bonded Indebtedness. (Paragon Gateway Development)" Adopted. Councilmember Camicia moved adoption. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-781 Resolution No. 12032 "Resolution of the City Council of Alameda relating to State Budget Actions Adversely Affecting Cities." Adopted. Councilmember Camicia moved adoption. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 90-782 Ordinance No. , N.S. "Amending Title XVII, Chapter 3, Article 3 of the Alameda Municipal Code Prohibiting Parking on the November 7, 1990 379 West Side of Packet Landing Road North of Bridgeway Road." Introduced. Councilmember Thomas requested an explanation of the matter from staff and the Public Works Director responded with a description of the work that will be done. Councilmember Withrow moved introduction of the ordinance. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-783 Ordinance No. , N.S. "Amending Title XVII, Chapter 3, Article 6, of the Alameda Municipal Code Establishing Parking Meter Zones on Webster Street South of Central Avenue and on the South Side of Central Avenue West of Webster Street." Councilmember Thomas requested an explanation of the matter from staff and the Public Works Director responded including costs and first year revenue. Councilmember Thomas noted some of the subject area is densely populated, and inquired if the homeowners have been contacted. The Public Works Director replied he does not believe the residents have been contacted. Councilman Arnerich inquired what would happen if there was a delay [in adopting the ordinance] until persons were contacted and the Public Works Director stated the project would just take a little longer. Councilmember Camicia suggested putting the matter off two weeks and notifying people. Councilmember Thomas proposed [moved] posting [notices] to inform [the public] there will be meters and an opportunity to comment. Councilmember Camicia seconded the motion. Councilmember Thomas commented in the meantime the Public Works Director can receive input. The motion was carried by the following voice vote: Ayes: Councilmembers Camicia, Thomas, Withrow and President Corica - 4. Noes: Councilman Arnerich - 1. Absent: None. NEW BUSINESS 90-784 Consideration of nomination for appointment to the Port Authority Task Force. (Councilmember Camicia) Councilmember Camicia stated he would like to put off the nomination for two weeks. 90-785 Councilmember Camicia stated there is a spot open on the County's Economic Development Committee which was recently formed, and would like to put his name in for it. Council responded in the November 7, 1990 380 affirmative. 90 -786 Councilman Arnerich requested a status report by November 9th or 13th on the Neptune Plaza Bonfare Market. 90 -787 Councilmember Thomas requested status of the Harbor Bay Isle Recreational Vehicle Parking Lot, to which the Public Works Director responded the County Health Department is reviewing environmental studies. 90 -788 Councilmember Thomas noted there are a number of new mandatory - dedicated arrows painted on the streets, e.g., right turn at Broadway and Central, which forces a right turn. The Public Works Director responded the reason is to keep people from merging through the intersection into the bike lanes on the other side of the street; a report on the matter is being finalized by the Engineering Staff and will be forwarded to Council. BILLS 90 -789 Ratification ofBilis. Councilmember Thomas requested that the Bills be corrected by reflecting the middle initial of a Barbara Thomas receiving checks for Housing Rehab. Councilmember Thomas expressed concern regarding City's processing costs related to writing checks for $10 and under, to which the Finance Director responded staff will report back on the matter. Councilmember Thomas questioned various miscellaneous payments reflected in the Bills, including, among others, car allowances and legal fees. Councilmember Camicia moved ratification of the Bills [in the sum of $3,293,868.05]. 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. ADJOURNMENT 90 -790 President Corica adjourned the Council Meeting at 10:17 p.m. in memory of Herschel Henry, former Golf and Parks Maintenance employee. Respectfully submi DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance. November 7, 1990