1990-11-20 Minutes381
SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 20, 1990
The Special Meeting was convened at 6:15 p.m., with President
Corica presiding.
ROLL CALL
Present: Councilmembers Arnerich, Camicia, Thomas, Withrow,
and President Corica - 5.
Absent: None.
90-791 President
to consider:
Labor Relations,
Section 54957.6
City negotiators.
ADJOURNMENT
Corica adjourned the meeting to a Closed Session
pursuant to Subsection (a) of Government Code
of the Brown Act: Council gave instructions to
There being no further business to come before the Council,
President Corica adjourned the meeting at 7:00 p.m.
Respectfully submitted
DI. E B. FELSCH, CMC
City Clerk
The agenda for the meeting was posted 24 hours in advance.
November 20, 1990
3 2
REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA
NOVEMBER 20, 1990
The meeting convened
Community Improvement
presiding. The Pledge
Reverend Robert Keller
ROLL CALL
Present:
Absent:
at 7:34 p.m. (at the conclusion of the
Commission Meeting) with President Corica
of Allegiance was led by Councilmember Thomas.
gave the invocation.
Councilmembers Arnerich, Camicia, Thomas,
Withrow and President Corica.
None.
ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION
Mayor Corica announced the following action taken prior to the
regular meeting, when Council adjourned to Closed Session:
90 -792 Significant Exposure to Litigation pursuant to Subsection (b)
of Government Code Section 54956.9 of the Brown Act: No action taken.
90 -793 Murphy v. City of Alameda pursuant to Subsection (a) of the
legal counsel section of the Brown Act: No action taken.
CONSENT CALENDAR
President Corica announced John Scott Graham [Alameda], requested
(90 -828) ordinance regarding contract amendment with Public
Employees' Retirement System be removed from the Consent Calendar to
the Regular Agenda. At the request of Councilmember Thomas, (90 -820)
report from Finance Director regarding Sales Tax, and (90 -836) Bills,
were removed from the Consent Calendar to the regular agenda.
Councilmember Camicia moved approval of the remainder of the Consent
Calendar. Councilmember Thomas seconded the motion which was carried
by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
*90 -794 From Chairman, Cable Television Oversight Committee,
submitting Public Access Studio Study results and recommending no
additional studio is required at this time. Accepted.
*90 -795 From Community Development Director regarding technical
revisions to the CDBG Citizen Participation Plan and the City's
Section 504 Grievance Procedure. Accepted.
*90 -796 From Finance Director transmitting Investment Portfolio as of
October 31, 1990. Accepted.
RESOLUTIONS
*90 -797 Resolution No. 12033 "Authorizing the Library Director to
discard Obsolete or Damaged Books, Publications and Other Surplus
Lending Materials." Adopted.
November 20, 1990
FINAL PASSAGE OF ORDINANCE
*90 -798 Ordinance No. 2513, N.S. "Amending Title XVII, Chapter 3,
Article 3 of the Alameda Municipal Code Prohibiting Parking on the
West Side of Packet Landing Road North of Bridgeway Road." Adopted.
*
MINUTES
President Corica announced the minutes of the Adjourned Regular
Council Meeting of November 7, 1990, would be considered at the next
Council Meeting [December 4, 1990].
WRITTEN COMMUNICATIONS
90 -799 From Clayton Guyton, Alameda, encouraging the City Council to
adopt an Ordinance requiring landlords to pay tenants interest on
security deposits.
* From John Barni, Jr., Alameda, regarding proposal for
landlords to pay interest on security deposits and
advance rents.
* From Marie T. Rossillon, Alameda, expressing concern
regarding Mr. Guyton's recommendation.
Councilmembers Thomas and Camicia abstained from the matter due to
the fact that each own rental property.
Clayton Guyton, 457 Buena Vista, stated rental property is a
business; and should be treated as a business, requiring landlords
to pay interest in line with what they receive when depositing the
money.
Eraldo Grego, 930 Park Street, stated he is a small - property owner,
some renters do not take care of property, State and Federal tax must
be paid, and renters get rebate from the State which owners do not
receive; and requested Council reject the proposal.
Edward Payne, 3127 Marina Drive, stated he opposes the proposal which
on the surface appears fair, however, rental property is a business,
and increases in costs must pass to customer /renter, including
additional bookkeeping costs; and if net operating income decreases,
property value, and revenue to the City, also decreases.
John Scott Graham, 1728 Tregloan Court, stated he believes renters'
deposit money must be kept in a separate account.
John Barni, Sr., 1380 East Shore, stated he opposes the proposal
because it creates more paperwork for the landlord, separate accounts
would need to be set up for each tenant, State and Federal tax forms,
and transmittals for both, need to be filed, and that would cost more
than the interest on the deposits; the landlord's recourse would be
to increase the rent to cover the expense and time expended.
November 20, 1990
384
President Corica stated perhaps the issue should be voluntary between
tenants and their landlords to cooperate with each other; and
suggested Council's encouragement of such cooperation might be
effective.
Councilmember Withrow stated if a free economy is to be retained
without controls, Council cannot attempt to determine house or
apartment prices; interest is part of pricing, and tenant and
property owner should determine pricing; tenants should understand
interest is an option for negotiation but owners price according to
cost and in the long run, tenants could pay more, on a mandated
basis; therefore he opposes passing an ordinance to mandate interest
but would be willing to encourage identifying interest as an item for
which a tenant could negotiate.
Councilman Arnerich stated one problem begets another; rental
property is not the only area that could become a concern at a future
time, Council would not want to get in this area [of interest on
deposits], e.g., some persons take trips and make large deposits
months in advance on which interest is not paid; he agrees with
Councilmember Withrow and [staff] report that Council encourage
landlords to make every effort to work with their tenants, and so
moved. Councilmember Withrow seconded the motion which was carried
by the following voice vote: Ayes: Councilmembers Arnerich, Withrow
and President Corica - 3. Noes: None, Absent: None, Abstentions:
Councilmembers Camicia and Thomas - 2.
HEARINGS
90-800 Consideration of the vacation of a portion of Alameda Avenue,
west of Oak Street.
The City Manager stated as a result of negotiations between the City
and the School District, there have been some changes requested in
the related ordinance, the changes will not affect the vacation of
Alameda Avenue, west of Oak Street, which can go as planned; and he
has no problem with continuing the hearing and the ordinance.
President Corica explained the background of the matter and the
procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, the following persons spoke:
William McCall, 1105 Mound Street, stated he favors the matter with
some reservations, does not believe the City should pay for school
property or vice versa; Mastick School was rehabilitated by the City
for the Senior Citizens' Center; and he hopes a compromise solution
can be reached without exchange of money.
Rodney Hamlin, 1316 Oak Street, stated if Alameda Avenue is closed,
his wife will need to park at some distance from, and walk to, their
residence with their new baby, and he believes that is unfair.
Barbara Rasmussen, 1611 Central Avenue, Alameda Unified School
November 20, 1990
385
District School Board President, stated Alameda Avenue will make a
significant difference in having a first class facility at that site
and encouraged action to vacate the Avenue.
Richard Thomas, 1300 Hanson Avenue, stated he favors vacation of the
property because the District needs it for a first class gymnasium;
understands the School District is to pay about $10,000 annually for
thirty years to purchase the property, does not believe that is in
the community's best interest; suggests a trade without an exchange
of cash, and would like Council to reconsider its position.
President Corica stated the public portion of the hearing will be
left open until the next Council Meeting [December 4, 1990].
Councilmember Withrow requested further informaton on the $10,000 per
year payment mentioned.
The City Manager stated the tentative agreement is for the School
District to contribute, an amount of money at which the District has
appraised Alameda Avenue, toward a project the City is going to be
working on, e.g., a parking structure in the vicinity of Oak and
Central; if the project is around $3,000,000, the School District
would pay the proportionate share, either as a direct contribution in
cash or a portion of the debt service.
Councilmember Withrow endorsed comments of Mr. McCall that the
assets discussed belong to taxpayers and if commitment is to be made
by the School District, the project should be beneficial to the
School District; if it is a parking structure adjacent to the School
District, the $300,000 might be the District's fair share; but he
does not believe it proper to charge one segment of the [Alameda]
family to the benefit of another segment.
President Corica stated he concurs with that; does not believe money
should be exchanged, the reason Mastick Senior Center has been
discussed is because the School was taken in a cooperative effort in
1980, and the Center is providing great benefit to Senior Citizens,
however, the City spent $1,300,000 and additional funds from
volunteers to make the Center a reality; without that improvement,
there would have been nothing because the School was not in good
condition at the time; eleven years remain on the lease and his
concern is that the Senior Citizens should not need to worry when the
lease is up; more money will need to be spent on the boilers [HVAC
system] very soon, at a cost of $75- 100,000; and he is looking to a
trade with the School District rather than money being spent.
Councilmember Thomas expressed concern that the parking structure may
take a very long time to be built.
The City Manager stated the goal is 15 months.
Councilman Arnerich stated people should be made aware that the
meetings of the City Manager, Superintendent of Schools, and
representatives of the School Board and Council have been very
productive; and matters will be worked out for the School District,
the City and the Community.
November 20, 1990
President Corica entertained a motion to continue the hearing to the
next meeting.
Councilmember Withrow so moved. Councilmember Camicia seconded the
motion which was carried by unanimous voice vote - 5.
90-801 Consideration of enforcing abatement of Damaged or Improper
Connections on Private Property to Sanitary Sewer Basin 94G, as
provided for in the Alameda Municipal Code,
The Public Works Director explained the background of the matter and
recommended fourteen properties be removed from the list [Exhibit A
of the related resolution (90-802)].
President Corica opened the public portion of the hearing.
On the call for proponents and opponents, the following speaker
remarked as follows:
Bob Veres, 1414 Lafayette, stated a contractor estimated $4000 to
$6000 to repair external plumbing for Mr. Vehries; Mr. Vehries
would like more information, e.g., when the examination was made, a
copy of the City's report on his property, etc., so that there may be
due process; when he receives appropriate information, he will make
the necessary repairs.
Councilmember Withrow inquired if the Public Works Director is
confident the City has appropriately followed through, not simply
working on generalities and putting the burden on citizens to come
back and prove they don't have a problem.
The Public Works Director responded affirmatively and reviewed the
process followed, including smoke testing.
Councilman Arnerich requested a list of properties which no longer
apply, be supplied to Council.
Councilmember Thomas inquired if Haight School is going
to which the Public Works Director stated he believes the
comply.
Councilmember Arnerich moved [staff] recommendation [to
resolution and direct staff to proceed with the
Councilmember Withrow seconded the motion which was
unanimous voice vote - 5.
to comply;
school will
adopt the
abatement].
carried by
The City Clerk inquired, for clarification, whether the motion
included the adoption of the amended [to remove 14 properties from
the list] resolution, and Councilman Arnerich confirmed it did.
90-802 Resolution No. 12034 "Declaring Sources of Infiltration and
Inflow from Storm Water on Private Property Located in the Sanitary
Sewer Basin 94G to be a Public Nuisance; Ordering the Abatement of
Said Nuisances, and Authorizing the City Engineer to take the
Necessary Action to correct same." Adopted.
November 20, 1990
387
Adopted by Council. Note motion in preceding paragraph [Paragraph
90 -801].
90 -803 Consideration of an Ordinance amending Real Property
Tax regarding Spousal and Trustee Transfers.
President Corica explained the background of the matter
procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, there were none.
On the call for opponents, there were none.
President Corica closed the public portion of the hearing.
Transfer
and the
Councilmember Withrow stated he believes very strongly that the lack
of a family transfer exemption was an honest error on the part of the
Finance Department of the City, the Staff, and the consultant; he
cannot believe it was the intent of Council that passed the
ordinance, that a death tax be included; and he moved to accommodate
the recommendation [to introduce the ordinance]. Councilman Arnerich
seconded the motion which was carried by unanimous voice vote - 5.
90 -804 Ordinance No. , N.S. "Amending Title III, Chapter 11,
Article 1 of the Alameda Municipal Code Relating to Spousal and
Trustee Transfers." Introduced.
Councilmember Withrow moved introduction of the ordinance.
Councilman Arnerich seconded the motion which was carried by
unanimous voice vote - 5.
90 -805 Consideration of an Ordinance to repeal Utility Users Tax on
Water.
President Corica reviewed background of matter and explained
procedure of the hearing.
President Corica opened the public portion of the hearing.
On the call for proponents, there were none.
On the call for opponents, the following person spoke:
Don Roberts, 880 Portola Avenue, stated the State of California does
not apply sales tax to food, water is a basic necessity, and he urged
Council to repeal the ordinance [Ordinance No. 2501, N.S.].
President Corica closed the public portion of the hearing.
Councilmember Withrow moved to repeal the ordinance [Ordinance No.
2501, N.S.]. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
November 20, 1990
388
90-806 Ordinance No. , N.S. "Repeal of Sections 3-1251, 3-1252,
and 3-1253, Title III of the Alameda Municipal Code Providing for the
Application of the Existing Utility Users Tax to Water." Introduced.
Councilmember Withrow moved introduction of the ordinance, and
Councilman Arnerich seconded the motion.
The motion carried by unanimous voice vote - 5.
90-807 Consideration of an Ordinance to repeal Utility Users Tax on
Cable Television.
President Corica reviewed the matter and opened the public portion of
the hearing.
On the call for proponents, there were none.
On the call for opponents, the following persons spoke:
Don Roberts, 880 Portola Avenue, stated he does not believe this
ordinance is appropriate, and urged Council to repeal the ordinance.
Councilmember Withrow moved approval [to repeal tax], and
Councilmember Arnerich seconded the motion.
Councilmember
not remain;
Congress will
Council should
Camicia stated he is
Cable rates have
act regarding the
review the matter.
not so sure
skyrocketed
matter next
the ordinance should
since deregulation;
year; and perhaps
President Corica stated he would like to first see what is done with
the regulations before considering a Cable tax.
Councilmember Camicia noted Cable is charging citizens a lot
money.
Councilman Arnerich agreed and stated Cable will continue to do
however, repealing the ordinance now would leave an opportunity
bring the matter back at a later date.
Councilmember Camicia commented that is true but going ahead
would allow the City to put money into the bank.
Councilman Arnerich inquired about the amount of revenue to be
derived from the Cable Tax.
of
so,
to
now
The City Manager stated the five and one-half percent tax would bring
in approximately $250,000 per year.
Councilmember Camicia stated there are 17 channels available for
free, so Cable is a luxury.
Councilmember Thomas stated she believes the rate payers will be
paying the tax.
Councilmember Camicia stated there is a definite line on what people
November 20, 1990
389
will, or will not, pay for Television; therefore United Cable must
be careful about raising rates or they will lose subscribers; he
believes Cable will not raise rates if the tax is enacted and it is
worth the risk to find out because the tax can always be repealed.
President Corica stated he does not believe the taxpayers will
appreciate waiting to see what Cable is going to do.
Councilmember Camicia stated the taxpayer is not being taxed, the
charge is to Cable which is making a significant profit in this
community; and that would add $250,000 to the City's revenue; Cable
knows the threshold in rates, Cable will not pass an immediate
increase and even if they did, Council can repeal.
Following further discussion on the advantages or disadvantages of
going ahead, Councilmember Withrow stated he would withdraw his
motion because he has become convinced by Councilmember Camicia's
comments that United Cable would pay the $250,000; Cable is a
substantial company and will not be hurt by $250,000.
President Corica stated he believes he knows how United Cable
operates and he is not waiting for a Cable company to do the
subscribers any favors, and he is going to vote against the tax.
Councilman Arnerich discussed the matter with the Assistant City
Manager, City representative to Cable Oversight Committee, regarding
the matter; and stated he would support Councilmember Camicia if the
Cable company would pay the tax, but if it is passed to the taxpayer,
he is not for it; and cities have no jurisdiction or authority over
the setting of rates.
Councilmember Withrow stated if Cable raises prices, the City should
get a share of the raise and if Cable doubles the rate, the City
should double the taxes on Cable.
Councilmember Thomas stated when the ordinance was passed, it was on
the condition it be referred to the Finance Committee, the Committee
was to review and make a recommendation as to whether or not the
ordinance should be implemented; and inquired what the Committee
recommended.
The City Manager replied the Finance Committee recommended no Utility
Users Tax on Water or on Cable TV.
Councilmember Camicia stated the situation now is that not everyone
needs Cable in order to have access to television; therefore Cable
is a luxury; Cable knows that and knows what people are willing to
pay for TV and that in recession, one of the first things to go is
Cable TV, and he thinks if this ordinance is allowed to stay, Cable
will not raise the rates because if they do, they will lose
subscribers.
Councilmember Thomas stated the City does not have the power to
regulate charges of the Cable company; and Cable is not a luxury to
some people, e.g., senior citizens, and young couples with little
children, who cannot go out at night.
November 20, 1990
390
Councilmember Thomas moved to rescind the tax on Cable television.
Councilman Arnerich seconded the motion which carried by the
following voice vote: Ayes: Councilmembers Arnerich, Thomas, and
President Corica - 3. Noes: Councilmembers Camicia and Withrow - 2.
Absent: None.
90-808 Ordinance No. , N.S. "Repeal of Sections 3-1261 and
3-1262, Title III of the Alameda Municipal Code Providing for the
Application of the Existing Utility Users Tax to Cable Television."
Introduced.
Councilmember Thomas moved ["adoption of the repealing section") to
introduce the ordinance. Councilman Arnerich seconded the motion,
which was carried by the following voice vote: Ayes: Councilmembers
Arnerich, Thomas and President Corica - 3. Noes: Councilmembers
Camicia and Withrow - 2. Absent: None.
90-809 Consideration of establishment of Community Facilities
District No. 2, and determination whether the Public Interest,
Convenience and Necessity require the formation of the CFD and the
levy of said Special Tax. (Paragon Gateway)
[See (90-810) below, for discussion and action on both issues
regarding the Community Facilities District No. 2.]
90-810 Consideration of.proposed Debt Issue and determination whether
the Public Interest, Convenience and Necessity require the issuance
of Bonds of the City for the District. (Community Facilities
District No. 2) (Paragon Gateway)
President Corica called for the filing of written protests regarding
the matter.
No written protests were received.
President Corica officially opened the hearing.
President Corica explained the procedure of the hearing; and
requested staff and consultant make the presentation.
The Finance Director explained the background of the matter.
President Corica called for any protests, comments or questions from
the audience; and hearing none, closed the public hearing.
Councilmember Thomas inquired what the total bond limit is for
Alameda, to which the Finance Director replied this [Community
Facilities District (CFD)] is not computed into the debt limit for
the City; the District has its own bonded indebtedness; the
property is under one ownership (Paragon), and will be subject to the
special tax for the entire debt issue and there are no General Fund
monies being pledged for this project.
Councilmember Withrow inquired what is the downside risk.
November 20, 1990
391
Steven Casaleggio, Jones, Hall, Hill & White, Bond Counsel, responded
there is no downside risk because of certain factors involved, which
he described.
At the request of Councilman Arnerich, Mr. Casaleggio further
explained the lack of risk in a possible foreclosure situation.
Councilmember Thomas clarified the property has one owner who has
agreed to, and is requesting, the tax be levied against the property;
and inquired how much the sculpture will cost, where it will be
located, and if it will be a safety hazard.
Scott Smithers, Project Manager, Paragon Development, Three Lagoon
Drive, Suite 220, Redwood City, replied the public sculpture is part
of condition of approval of mitigation measure, has not yet been
selected but goes through design review process; noted the piece
will be professionally commissioned; regarding the safety factor, a
ten-foot landscaped, somewhat mounded, buffer between the sidewalk
and the sculpture removes the sculpture from pedestrian traffic; and
it will cost $30,000 to $40,000.
Councilman Arnerich moved recommendation [to adopt resolutions and
ordinance]. Councilmember Withrow seconded the motion. No vote was
taken. The recommendation to adopt related resolutions and ordinance
was, by consensus, approved.
Councilmember Camicia moved the related resolutions be taken out of
order. Councilmember Thomas seconded the motion which was carried by
unanimous voice vote - 5.
90-811 Resolution No. 12035. "A Resolution of Formation of
Community Facilities District, Authorizing the Levy of a Special Tax
within the District, Preliminarily Establishing an Appropriations
Limit for the District, and Submitting Levy of the Special Tax and
the Establishment of the Appropriations Limit to the Qualified
Electors of the District. (Paragon Gateway)" Adopted.
Councilmember Camicia moved adoption. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
90-812 Resolution No. 12036. "A Resolution determining the
Necessity to incur Bonded Indebtedness within Community Facilities
District and submitting Proposition to the Qualified Electors of the
District. (Paragon Gateway)" Adopted.
Councilmember Camicia moved adoption. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
90-813 Resolution No. 12037. "A Resolution Calling Special
Election. (Paragon Gateway)" Adopted.
Councilman Arnerich moved adoption. Councilmember Camicia seconded
the motion which was carried by unanimous voice vote - 5.
The City Clerk opened the official ballot and announced that the
ballot reflected nine unanimous yes votes.
November 20, 1990
392
90-814 Resolution No. 12038. "A Resolution Declaring Results of
Special Election and Directing Recording of Notice of Special Tax
Authorization. (Paragon Gateway)" Adopted.
Councilmember Camicia moved adoption. Councilman Arnerich seconded
the motion which was carried by unanimous voice vote - 5.
90-815 Ordinance No. N.S. "An Ordinance of the City Council
of the City of Alameda Levying Special Taxes within Community
Facilities District No. 2. (Paragon Gateway)" Introduced.
Councilmember Camicia moved introduction. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
90-816 Resolution No. 12039. "A Resolution Providing for the
Issuance of Special Tax Bonds. (Paragon Gateway)" Adopted.
Councilmember Camicia moved adoption. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
90-817 Resolution No. 12040. "A Resolution Approving and Directing
the Execution of a Bond Purchase Agreement and Approving Other
Related Documents and Actions. (Paragon Gateway)" Adopted.
Councilmember Camicia moved adoption. Councilmember Withrow seconded
the motion which was carried by unanimous voice vote - 5.
REPORTS AND RECOMMENDATIONS
90-818 From Recreation and Parks Director regarding consideration of
using Osborne Model Airplane Field as a Dog Park site.
The Recreation and Parks Director explained the background of the
matter, noting cost would be $15,000 to $20,000, for the dog park.
At Councilman Arnerich's request, the Recreation and Parks Director
described the Model Airplane Field area and what changes are
proposed, including the proposed pathway.
Councilman Arnerich stated the staff, including the Police Chief, has
done an excellent job; requests went to the East Bay Regional Parks
District and the Alameda Unified School District for land use, but
there was no space available; and moved acceptance of the
recommendation of the Recreation and Parks Director [to not provide a
dog run at this time]. Councilmember Withrow seconded the motion.
The motion was carried by unanimous voice vote - 5.
90-819 From Public Works Director on funding and scheduling for new
Traffic Signals.
The Public Works Director explained the background of the matter
noting the recommendation is to proceed with a study, with the aid of
a contract traffic engineer, to summarize traffic signal program for
the next few years, including priorities.
November 20, 1990
393
Councilmember Camicia inquired if that is consistent with the City
Attorney's recommendation; to which the City Attorney responded
affirmatively.
Councilmember Camicia moved the recommendation. Councilmember
Arnerich seconded the motion.
Councilmember Withrow stated he appreciates the report but is
disturbed at the lack of positive treatment of Fernside problem; a
way to mitigate the impacted condition of the Fernside neighborhood
must be found.
Councilmember Thomas agreed; stated
stripped of residential qualities and
substantially addressed in the General
return the residential quality to
Broadway; and if speed bumps and stop
well worth doing.
Fernside Blvd. has been
safety; the issue should be
Plan; a way must be found to
Fernside, High Street, and
signs will do that, they are
Councilman Arnerich stated he agrees with the request of Mr. Russum,
that East Shore Drive and Garfield intersection be considered, and
inquired if stop signs will be installed in the interim, until stop
lights can be installed.
The Public Works Director replied staff will agendize an Introduction
of Ordinance at the December 4, 1990, Council Meeting, as directed by
Council, and the agenda item could allow for a choice of location.
Councilmember Withrow moved to accept the report. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
90 -820 From Finance Director transmitting Sales Tax Quarterly Report
(September 30, 1990). Accepted.
At Councilmember Thomas's request, the City Manager gave a status
report, noted Sales Tax increased over corresponding quarter of last
year, but is lower than projected amount, reviewed other revenue
shortfalls totalling approximately $1- 1,500,000 less than projected.
Councilmember Withrow inquired how shortfalls compare in surrounding
cities, to which the City Manager replied surrounding cities have
same problems; some cities rely more on sales tax and therefore are
down more, percentage -wise.
Councilmember Thomas inquired what the City is doing about the
problem, to which the City Manager replied departments have been
requested to refrain from hiring until a plan can be presented to
Council, which is expected to be presented at the next meeting.
To Councilman Arnerich's inquiry if the City Manager expects
recommendation of a hiring freeze until the end of the fiscal year,
the City Manager responded he does not, because it would not be
equitable as some departments have vacancies, while others do not.
Councilmember Thomas discussed with the City Manager and the Police
November 20, 1990
96
Alice Challen, Charles Tillman, and Mayor Chuck Corica] submitting
the Measure have devoted a great deal of time to the City; an expert
did a fine job drafting [the Measure]; proposed going with the
Measure verbatim; and moved adoption [of Resolution] and placement
[of Measure] on the ballot.
Councilmember Withrow stated he does not believe anyone on the
Council has any problem, with the concept, and that Council, Planning
Board and a substantial proportion of residents are strongly in favor
of density control; questioned why the Measure was held so late in
the process and not cycled through the Planning Department and
Planning Board, and hearings held, to insure a strong tight piece of
legal work.
President Corica stated the procedure is the same as followed for
Measure A at its beginning.
Councilmember Withrow stated the Zoning Ordinance, General Plan, and
Housing Element must conform to Measure A, to withstand legal
challenges; Dan Curtin, legal counsel, attorney expert in land use,
recommended Council bring all policies, regulations and ordinances
into conformance; the loophole of Measure A must be closed; the
Measure is a minor part of what must be done to control density and
manage growth; and he [Withrow] will make a commitment to campaign
throughout the City in support of the initiative and Measure A.
President Corica stated the Measure would take care of the exception;
going through channels would be very slow; when the City settled the
[Guyton] case, he realized what must be done so that no Council could
overturn Measure A.
Councilmember Thomas reviewed the General Plan, noting the necessity
of being in conformance with the law; stated the person who wrote
the Measure being considered, donated it to the City.
Councilmember Camicia stated Council would be adopting the
resolution; he just wants to make the Measure stronger; and
questioned if staff could perhaps review and strengthen the Measure.
President Corica stated this Measure is being handled the same way as
Measure A; and it is what the citizens in the community want.
Councilman Arnerich stated whatever comes before Council, if a person
has a question, the question should be discussed; and inquired if
the resolution could be adopted and the opinion of the drafter be
requested regarding whether or not the word [legal] should be used.
The City Attorney stated the matter could be put over for two weeks
to wait for the opinion, but if that is done, the matter should not
be voted on at this time.
Councilmember Camicia withdrew his question regarding the word
"legal."
Councilmember Arnerich seconded Councilmember Thomas's motion [to
adopt the resolution]. The motion was carried by unanimous voice
November 20, 1990
397
vote - 5.
90-823 Resolution No. 12042. "Submitting to the Electorate of the
City of Alameda at the General Municipal Election to be held on March
5, 1991, an Amendment to the City of Alameda Charter Pertaining to
Local Preference Rules for Evaluating Bids or Contracts; Providing
For Notice Thereof; And Proposing Said Ballot Measure." (City
Council)
Councilmember Thomas moved adoption of the resolution. Councilman
Arnerich seconded the motion which was carried by unanimous voice
vote - 5.
90-824 Resolution No. 12043 "Submitting to the Electorate of the
City of Alameda at the General Municipal Election to be held on March
5, 1991, an Ordinance Amending Sections 11 and 13 of Pension
Ordinance 1079, as Amended Pertaining to Pensions to Dependents upon
Death of Pensioner; Providing For Notice Thereof; And Proposing
Said Ballot Measure." (City Council)
Councilmember Thomas stated the change presumes the retired pensioner
is a man and the survivor is a woman; she would like to have the
wording to reflect both genders.
John Scott Graham, 1728 Tregloan Court, made suggestions of changes
he would like to see in the benefits.
Councilmember Thomas requested confirmation that the matter is
identical to what was negotiated for, under Pension Ordinance 1082,
and the City Manager replied it is identical.
President Corica commented the only reason the matter is being put on
the ballot is because the Ordinance 1079 was voted on by the people
and any changes must go before the voters.
Councilmember Thomas stated the 1079 and 1082 Ordinances should be
consistent.
The City Manager agreed, and added the language is the same and the
only change is to allow for the widows to remarry.
Councilmember Withrow moved adoption with the incorporated
recommendations of Councilmember Thomas. Councilmember Camicia
seconded the motion which was carried by unanimous voice vote - 5.
90-825 Resolution No. 12044 "Reappointing T. David Edwards as a
Trustee of the Alameda County Mosquito Abatement District for a
Two-Year Term beginning January 2, 1991."
Councilmember Camicia moved adoption of the resolution.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
INTRODUCTION OF ORDINANCES
90-826 Ordinance No. N.S. "Amending the Alameda Municipal
November 20, 1990
398
Code by Adding Chapter 7 to Title XVII Pertaining to Transportation
Systems Management." Introduced.
Councilmember Camicia moved introduction. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
90 -827 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." (Continued from November
7, 1990, Council Meeting.) Introduced.
To Councilmember Thomas's request for a report, the Public Works
Director reported several hundred notices were passed out; only one
phone call was received, and that one favored the meters.
Councilman Arnerich moved introduction. Councilmember Withrow
seconded the motion which was carried by unanimous voice vote - 5.
90 -828 Ordinance No. 2512, N.S. "Authorizing an Amendment to the
Contract between the City Council of the City of Alameda and the
Board of Administration of the California Public Employees'
Retirement System." (Introduced at the October 16, 1990, Council
Meeting) Adopted.
John Scott Graham, 1728 Tregloan Court, suggested an early retirement
with full benefits and bonus to attend school would allow for a
hiring freeze and money would be saved.
Councilmember Withrow moved adoption of the ordinance. Councilmember
Camicia seconded the motion which was carried by unanimous voice vote
- 5.
FINAL PASSAGE OF ORDINANCES
90 -829 Ordinance No. N.S. "Approving Agreement with Alameda
Unified School District for the transfer of a portion of Alameda
Avenue, west of Oak Street." (Introduced at the October 16, 1990,
Council Meeting.) Held over to December 4, 1990, Council Meeting.
[See Paragraph 90 -800]
UNFINISHED BUSINESS
90 -830 Appointment to the Port Authority Task Force.
Councilmember Camicia nominated David Elefant to the Port Authority
Task Force.
Councilmember Thomas seconded the nomination, which was approved by
unanimous voice vote - 5.
90 -831 Councilmember Camicia stated he has been receiving complaints
about the two new parking lots and he would like a staff report
whenever staff deems it appropriate.
Councilman Arnerich agreed and suggested a report be made after the
November 20, 1990
399
holidays [early 19913.
90-832 Councilmember Camicia requested a status report on December
4, 1990, Council Meeting agenda regarding BART shuttle service.
President Corica stated he has been assured by members of the BART
Board of Directors, that the BART Board would approve shuttles at the
next meeting.
90-833 Councilmember Thomas stated she sits as the Mayor's proxy on
the Airport Land Use Commission (ALUC) which was asked to find
consistent the City of Alameda Airport Environ's Element; discussed,
with the City Attorney, enforcement of the Settlement Agreement [of
the Port of Oakland, City of Alameda, and Harbor Bay Isle], concerns
regarding proposed runways; and the need for more staff to attend
and assist at the next ALUC meeting [December 3, 1990].
90-834 Councilmember Thomas reported to Council regarding the
three-day weekend session with Alameda County Solid Waste Authority,
noting the Lead Program; stating the Solid Waste Management
Recycling Committee should be expanded to include composting, and
review of the Lead Program; inquired if the City will join with the
County in Waste Stream Analysis study; would like more staff support
or expansion of the Committee to review matters.
The City Manager noted—the Committee has requested to be part of the
composting program; and the County has requested attendance at a
meeting of the lead abatement program which he will attend November
21, 1990; a staff report will be submitted to Council following
discussion with the new Director.
Councilmember Thomas stated she would like a full report on
compliance of the City with AB939; expansion of the Committee
should come before Council; and she will share her information with
staff.
NEW BUSINESS
90-835 Appointment to the Solid Waste Management Recycling Committee.
President Corica stated Cal Santare, who was senior citizen of the
Committee, resigned; and he [Corica] nominated Charles Tillman as
Committee member. Councilmember Camicia seconded, and the nomination
was approved by unanimous voice vote - 5.
Councilman Arnerich moved to extend the meeting beyond 11:00 p.m.
Councilmember Withrow seconded the motion which was carried by
unanimous voice vote - 5.
BILLS
90-836 Ratification of Bills.
November 20, 1990
400
Councilmember Thomas questioned tax increment refund of $353,000 to
Alameda Real Estate; and the Finance Director replied the refund is
consistent with the provisions of the rebate of the tax increment to
the properties that pay the special assessments.
Councilmember Thomas discussed the tax increment refund of $350,000
to Alameda Real Estate, which is consistent with the provisions of
the rebate of the tax increment to the properties that pay the
special assessments; noted the term of the agreement [25 years];
and stated it is worth noting that tax increment financing sounds
good at the time it is put in place, but for 25 years, a large amount
of money is returned.
Councilmember Thomas moved ratification of Bills [in the amount of
$1,346,270.42]. Councilmember Camicia seconded the motion which was
carried by unanimous voice vote - 5.
ORAL COMMUNICATIONS, NON-AGENDA ITEMS
90-837 Christopher Hanson, Alameda, stated he is not against Measure
A but he is opposed to the process of one Council person putting the
matter through without more input.
ADJOURNMENT
90-838 President Corica adjourned the meeting at 11:07 in honor of
the U.S.S. Abraham Lincoln, and noted the efforts made by military
personnel in various projects for the City prior to the ship's
arrival.
Respectfully submitted,
DIANE B. FELSCH, CMC
City Clerk
The agenda for this meeting was posted 72 hours in advance.
November 20, 1990