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1990-12-04 Regular CC Minutes401 REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF ALAMEDA DECEMBER 4, 1990 The meeting convened at 7:32 p.m. with President Corica presiding. ANNOUNCEMENT BY MAYOR OF CLOSED SESSION ACTION Mayor Corica announced that, prior to the regular meeting, Council adjourned to closed session and took the following action: 90-839 Significant Exposure to Litigation pursuant to Subsection (b) of Government Code Section 54956.9 of the Brown Act: took no action. 90-840. DeLucchi v. City of Alameda pursuant to Subsection (a) of the legal counsel section of the Brown Act: took no action. The Pledge of Allegiance was led by Councilmember Camicia. Reverend Dorothy Kimbrell gave the invocation. ROLL CALL - Present: Councilmembers Arnerich, Camicia, Thomas, Withrow, and President Corica - 5. Absent: None. CONSENT CALENDAR At Councilmember Thomas's request, (90-870) ordinance establishing Parking Meter Zones on Webster Street, and (90-875) Bills, were removed from the Consent Calendar and placed on the regular agenda; and at Councilmember Withrow's request, (90-865) resolution authorizing filing of application with Metropolitan Transportation Commission regarding Ferry Service Operations was removed from the Consent Calendar and placed on the regular agenda. Councilman Arnerich moved approval of the remainder of the Consent Calendar. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. REPORTS AND RECOMMENDATIONS *90-841 From Public Works Director on the status of the Alameda County Nonpoint Source Control Program. Accepted. *90-842 From Public Works Director requesting authorization of continuation and modification of Landscape Maintenance Contract, through June 30, 1991, with Mission Properties Maintenance. Accepted. *90-843 From Community Development Director regarding termination of existing contract with Alameda Main Street and execution of new contracts with Park Street and West Alameda Business Associations December 4, 1990 402 for administration of the Business Improvement Area. Accepted. RESOLUTIONS *90-844 Resolution No. 12045 "Requesting the Alameda County Board of Supervisors to permit the County Clerk to render specified services to the City relating to the conduct of the City of Alameda General Municipal Election on March 5, 1991." Adopted. *90-845 Resolution No. 12046 "Establishing Disadvantaged Business Enterprise Program Goals for Calendar Year July 1, 1990 through June 30, 1991." Adopted. FINAL PASSAGE OF ORDINANCE *90-846 Ordinance No. 2514, N.S. "Amending Title III, Chapter 11, Article 1 of the Alameda Municipal Code Relating to Spousal and Trustee Transfers." Adopted. *90-847 Ordinance No. 2515, 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." Adopted. *90-848 Ordinance No. 2516, N.S. "An Ordinance of the City Council of the City of Alameda Levying Special Taxes within Community Facilities District No. 2. (Paragon Gateway)" Adopted. *90-849 Ordinance No. 2517, N.S. "Amending the Alameda Municipal Code by Adding Chapter 7 to Title XVII Pertaining to Transportation Systems Management." Adopted. MINUTES Councilman Arnerich moved approval of the Minutes of the Adjourned Regular Council Meeting of November 7, 1990, and the Regular Council Meeting of November 20, 1990. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. HEARINGS 90-850 Consideration of the vacation of a portion of Alameda Avenue, west of Oak Street. (Continued from 11/20/90 Council Meeting) President Corica explained the procedure of the hearing. The City Manager reviewed the background of the matter. The public portion of the hearing was opened. On the call for proponents, the following spoke: Leonard Spadoni, 2522 Lincoln Avenue, stated Item No. 6, of the proposed ordinance to approve the Agreement with the Alameda Unified December 4, 1990 403 School District, calls for a mitigation of the loss of 14 parking spaces and questions why that is necessary in the light of additional spaces planned; and expressed concern regarding Conditions of Conveyance in Agreement for Conveyance of Real Property, Section 2.1b as it relates to capital improvements and schedule of payments to the City. Richard Roth, 1417 - 5th Street, stated he is in favor of vacating the street but not in favor of charging the School District. President Corica stated giving the street [portion of Alameda Avenue] to the school [District] would be no problem except movement is all in one direction; Section 7.1, General Provisions, of the Agreement states the District and City will work in good faith toward negotiating sale to the City of the Mastick School site, except that 24 months from the date of the Agreement, the District may negotiate with other parties to purchase the site at appraised fair market value; there is a possibility the City may lose the Center; he would like to see properties exchanged so the City can get the Center because the City paid $1,300,000 [in improvements], and will be paying about $100,000 more for the heating/ventilating system; perhaps the School District should not pay for the street, but give [the City] credit towards the Center, and credit for the $1,300,000, without an exchange of money. Councilmember Withrow agreed settlement should be worked out between School District and the City, but the District and the City are all a part of Alameda. Councilmember Camicia stated it is obvious that the quid pro quo for the street is Mastick Senior Center; the negotiations have not worked; perhaps Section 7.1 should be removed from the Agreement, and the vacation allowed to proceed. President Corica stated removing the paragraph [7.1] does not keep the School District from selling the Center in two years. Councilmember Camicia stated the School District needs to move forward with the construction project, and noted the City has ten years left under the Lease, and ample time to negotiate. In response to Councilman Arnerich's questions, the City Manager replied the District asked for the 24-month provisions [Sec. 7.1 of the Agreement], the City then requested the first right of refusal on Mastick to prevent it from going to someone else; however, the District believes any proposals to purchase the property would-be hampered; the District is required by the Education Code to give the City the first opportunity before going out to bid, to obtain it at fair market value. Councilman Arnerich stated the City should give the District the property at Alameda Avenue; the street is not an important piece of property but it is something for negotiating with the School District which has evaluated the street at $333,000 and that amount should be applied to the Mastick Senior Center; commented on negotiations of which he was a part; and stated if the City should December 4, 1990 40 give, the School District must give also. Council further discussed the matter with the City Attorney and City Manager, including first right of refusal, Education Code requirement, Mastick Senior Center, appraisal of Mastick property. Councilmember Withrow clarified with the City Manager if it would be fair to describe the intent of the School Board is concern about closing a loophole where it might be forced to accept a price below an appraised fair market value; and that the laws (Education Code) protect the City with respect to obtaining Mastick Center and continuing it as a Senior Center. Council further discussed, regarding the sale of the Mastick Senior Center, the possibility of other jurisdictions competing with the City, and what rights the City would have to first priority. Barbara Rasmussen, President, Board of Education, stated Section 7.1 appears to be causing confusion and she can see advantages to dropping 7.1 out of the Agreement; the possibility of redefining 7.1, putting an order on the right of first refusal might work and eliminate the confusion. In response to Councilmember Thomas's question if that could be done, the City Attorney replied Council could, if the School District agreed, add to the last sentence "that the City shall have the right of first refusal on the purchase of Mastick School site if more than one public entity desires to purchase the property," Council would be having the School District agree that if it sells the property and if it gets more than one bid from another public entity, then the City would be given the first priority. Councilmember Camicia proposed taking that suggestion; believes the City is protected by the Education Code; and if 7.1 is a stumbling block, it should be removed. Councilman Arnerich agreed. Councilmember Thomas stated if the property does go out for bid she would like to see the School District get the most money possible; she does not know if the District can pre -empt the State Education Code with a contract like the proposed contract and until both sets of attorneys have reviewed that, she is uncomfortable. The City worked hard on the settlement agreement with Harbor Bay Isle to get land for a school and gave the property to the District, gave the first half of Alameda Avenue, and has no problem giving the other half of the Avenue to the District as long as the District has the same freedom giving Mastick to the City, and she would like to see the agreement reflect that; she would like to know current history of the real estate market in this City for surplus school property, what is the reality of getting Mastick for two million dollars; where the money will come from; believes the City should give property to the District if the District gives the Mastick Senior Center to the City. Councilman Arnerich stated the District will not do that; that was December 4, 1990 405 attempted in negotiations. Councilmember Camicia stated his objection is that it has taken months to handle the matter when the District is under a deadline, and moved to take the recommendation, take the related resolution out of order, and proceed with the matter. President Corica stated his concern is for senior citizens, a lot of money was brought in for the Center; the City has helped the District a great deal and will continue to do so; the District wants the property [street] at no cost, however, wants the City to pay for other property, and that upsets him. Councilmember Camicia moved the related resolution be taken out of order. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-851 Resolution No. 12047 "Resolution Vacating a Portion of Alameda Avenue, West of Oak Street." (Continued from 11/20/90 Council Meeting) Councilmember Camicia moved adoption. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. Councilmember Camicia moved the related ordinance be taken out of order. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCE 90-852 Ordinance No. 2518, 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.) (Continued from 11/20/90 Council Meeting) Councilmember Camica moved final passage and to pull the language under section 7.1 and insert the language consistent with what was brought up by the City Attorney. The City Manager requested amendment of Section 3, Item No. 7 to read ". . . by January 31, 1991." Councilmember Camicia agreed to incorporate that into his motion. Leonard Spadoni, 2522 Lincoln Avenue, suggested the City and the District meet together one more time to see if something can be hammered out that serves the public. Councilmember Thomas stated she believes that is a good suggestion. President Corica stated it might be a good idea, a lot of things have been brought out and perhaps another meeting during the next couple of days might conclude the matter. Ms. Rasmussen stated one day would not make a difference but changes take time because the representatives must discuss results December 4, 1990 4Q6 of meetings with their respective bodies [School Board and Council], and she would feel more comfortable to eliminate Section 7.1, work with attorneys in refining the right of first refusal, and move on with the process. Councilman Arnerich inquired if Ms. Rasmussen felt comfortable speaking for the Board and she stated she did. The City Attorney stated she has been informed the only objection of the School Board is the last sentence of section 7.1. The City Manager stated if the sentence is modified to say, as was discussed, "the City shall have the first right of refusal in the purchase of school site in the event that more than one public entity desires to purchase the property."; that makes the sentence pertain to the first part of the Education Code rather than sometime after they [the District] have let a Request for Proposals; and from what he understands, that will be acceptable to the District. Councilmember Thomas stated she believes Council is missing the point; Mastick could be sold in two years; and questioned whether the City would be in a financial position to buy it. President Corica stated he will vote for the ordinance but with reservations as he believes there could have been property exchanged without money changing hands; the School District cannot maintain Mastick Center, the City has put the money into the Center, yet the District is taking what it needs and is giving nothing and he is disappointed. The motion was carried by roll call vote: Ayes: Councilmembers Arnerich, Camicia, Thomas, Withrow and President Corica - 5. Noes: None. Absent: None. 90-853 Consideration of revision of the Housing Element of the City General Plan (GPA-90-1) and Associated Negative Declaration (IS-90-13). President Corica explained the procedure of the hearing. The Planning Director reviewed the background of the matter. The public portion of the hearing was opened. On the call for proponents, the following persons spoke: Daphne Brown, P.O. Box 8685, Emeryville, Vice-President in charge of Real Estate, for Francis Collins, who owns ten acres of waterfront, expressed concerns on how proposed charter amendment will affect mixed use areas, commercial industrial acreage, and Measure A, [1973]; and stated it is important for clarifications to be made earlier rather than later, would appreciate being kept informed. President Corica stated the proposed Charter amendment will do nothing more than just clarify Measure A [1973], and to spell out December 4, 1990 407 more clearly that nothing more than a duplex can be built in the City; and will not affect multiple use. The City Manager stated he believes it should be clear that the Housing Element does not address the proposed Charter amendment. The Associate Planner, John Woodbury, stated a discussion of the proposed Charter Amendment has not been included in the Housing Element at this time; if the amendment is passed, that might be an appropriate time to include the amendment in the next Housing Element; a discussion on how the it relates; however, the Housing Element assumption is not at all inconsistent with Measure A [1973], the current General Plan, the proposed General Plan, or the proposed Charter Amendment. Beverly Corville, 3248 Fairview, stated she voted for Measure A, it serves the City well; should not be changed; is a good measure, and the City should continue with it. Ed Murphy, 2618 Janis Circle, stated proposed Charter amendment relates to housing and should be referred to in the Housing Element; and believes the 325 units in the Guyton case Settlement Agreement should not be in the Housing Element as exceptions to Measure A, as they were allowed by Measure A. Councilmember Thomas stated there are some things in the Element with which she has problems, there is an indication that there were 325 units of housing, as we are referring to as the Guyton units, at the time Measure A was passed; and yet citizens have stated to Council that they lived there and there were only three (3) low income units; and inquired what research has been done to validate that there were 325 low-income units. The City Manager replied that Councilmember Thomas is inquiring on what basis the City made a settlement agreement with Mr. Guyton; the basis on which the 325 units was determined was discussed in Closed Session; and the Element reflects what happened. Councilmember Withrow stated the lawsuit was settled for 325 units, irrespective of what is alleged, and moved to accommodate the recommendation of the Planning Board and approve the Negative Declaration. Councilmember Camicia seconded the motion. President Corica closed the public portion of the hearing. President Corica called for the related resolution, regarding Negative Declaration, to be taken out of order. 90-854 Resolution No. 12048 "Approving Proposed Negative Declaration IS-90-13 pertaining to proposed General Plan Amendment GPA-90-1 to adopt a Housing Element of the City General Plan. Councilmember Withrow moved adoption of the resolution. Councilman Arnerich seconded the motion. Councilmember Thomas stated Council is being requested to make a December 4, 1990 40s factual finding that 325 represents the number of low-cost units when former Buena Vista Apartments were converted to market rent Bridgeport Apartments; she had requested information in the context of the litigation; got insufficient information, and she cannot support this portion of the resolution. The motion was carried by the following voice vote. Ayes: Councilmembers Arnerich, Camicia, Withrow and President Corica - 4. Noes: Councilmember Thomas - 1. Absent: None. 90-855 Resolution No. 12049 "Approving General Plan Amendment GPA-90-1 adopting a Housing Element of the General Plan." Adopted. Councilmember Camicia moved adoption. Councilman Arnerich 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. REPORTS AND RECOMMENDATIONS 90-856 From Chairman, Historical Advisory Board, recommending revisions to the City's Street Naming Policy. Robert DeCelle, Chairman, Historical Advisory Board, suggested that names of living persons should also be considered. Councilman Arnerich noted in the policy that the Board could delete names from the list; the Chairman replied Council would need to approve; and Councilman Arnerich requested that be clarified in the report, and agreed with the Chairman that living people should be honored. Councilmember Camicia moved to accept the report and recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-857 From City Manager requesting allocation of funds for Metropolitan Oakland International Airport related matters. Robert DeCelle, P.O. Box 1606, Bay Farm Island Improvement League, urged Council to take proposed steps to develop documentation for the case when the City goes into discussion with the Port regarding airport activities. Marion Miller, 2043 Eagle Avenue, inquired why funds are being allocated for this matter when the City is making budget cutbacks. President Corica replied the airport has plans to expand and many citizens believe that will have a detrimental affect on the City, therefore the City is trying to protect iteslf by obtaining the best legal expertise in that area. The City Manager stated the funds should be looked at as an investment in the future; money expended in this fiscal year will probably save money in the long run. December 4, 1990 409 President Corica, in response to Ms. Miller's comment regarding a pre-existing agreement, commented the agreement is one of the items to be considered and that is why an expert will be needed. Jon Rodgers, P.O. Box 2147, offered Councilmembers, a demonstration ride and tour of airport, favors outboard runway, would favor the proposal if he received clarification; discussed noise easement, knows of no negligence on the part of flyers; would favor the study; would like to propose alternative noise abatement departure procedure for North Field, a straight-out departure from Runway 27 to 1000 feet and then a right turn, and explained reasons for consideration. Councilmember Camicia stated he is concerned about proposed expansion which would have real impact on the community, including traffic impact. Council discussed noise abatement, flight patterns, traffic impacts, runways, etc., with Mr. Rodgers. President Corica suggested staff's recommendation [to establish a special airport strategy fund for the initial amount of $100,000 be modified to read "not more than" $100,000. Councilmember Camicia moved the recommendation [to establish airport strategy fund, select consultant and proceed with noise contour map], with the change to "... not more than" $100,000. Councilmember Withrow seconded the motion. Councilmember Thomas commented on the necessity of being more specific, and asking for more details, in the Request For Proposal e.g., how selection of specific seven-day period for measuring airport noise would be determined. Council further discussed San Francisco overflights, noise monitoring, CNEL contours, and monitoring equipment, with the City Manager. The motion was carried by unanimous voice vote - 5. 90-858 From City Manager regarding 1990 Budget Appropriation Adjustments for Fiscal Year 1990-1991. Charles Tillman, 2415 Roosevelt Drive, stated this is a little premature; he would prefer seeing the audit first, which might reflect some surplus, not identifiable at this time and the adjustments may be impacted; suggested waiting for the Performance Review and taking all the documents together. John Scott Graham, 1728 Tregloan Court, addressed the matter of the bike sale, children should have better opportunity to buy bicycles; and addressed notification of lost property that has been retrieved. Councilmember Thomas noted that certain bikes are set aside for bidding by children only. December 4, 1990 410 Councilmember Withrow stated it seems staff has taken prudent action; agrees with Mr. Tillman's comments that before something is locked into place by taking action to withraw funds, that the City Manager implement a goal within departments to come in with reduced expenditures, which would not lock in safety departments, and suggested Council direct the City Manager and Finance Director use their best logic and management ability to hone in on the goals. President Corica suggested leaving the matter to the City Manager, to see what can be cut; and proceed in that direction first. Councilmember Withrow stated he would move to modify the recommendation to accommodate that. Councilman Arnerich requested the City Manager to consider the purchase of a defibrillator if funding becomes available; and the Recreation Manager determine if funding, in the amount of $6,000 to $7,000, is available from sources such as Run for the Parks or Friends of the Parks, for supervision of the Edison and Longfellow programs. Councilmember Camicia suggested the consideration of using reserves, especially for public safety. President Corica commented these are difficult times, but he does not believe it is the time to use reserves; and the best thing to do is allow the City Manager to do what he can. Councilmember Camicia suggested a compromise: the Fire, Police, and City Attorney Departments be left out of the proposal, and reserves used in those areas. Councilmember Thomas stated the City Manager has done an excellent job in asking staff to come up with budget reduction proposals, and he is asking if it is what Council wants; it is up to Council to put its stamp of approval on proposal; the Library is important and should open on Sundays; there are very important positions in the City not being filled, e.g., Finance, Personnel and Community Development; the Council should put some teeth into the City Manager's program, otherwise, staff may come back and state Departments did not meet their goals; if Department Heads cannot do what is necessary to reach the goals, they should not receive a raise. Councilman Arnerich seconded the motion which was carried by the following voice vote: Ayes: Councilmembers Arnerich, Thomas, Withrow and President Corica - 4. Noes: Councilmember Camicia - 1. Absent: None. 90-859 From City Attorney on Ballot Measure Arguments. Charles Tillman, 2415 Roosevelt Drive, stated he would like to see Measure A [19733 reinforced; believes proposed Charter Amendment [Measure A, 1991] is simplified and reinforces it; remaining City land should be planned according to what the people wanted in 1973. December 4, 1990 411 Gerhard Degemann, 19 Sandpiper Place, stated he cannot support the City Attorney's recommendations for writers of Ballot Measure Arguments; the persons to write the Argument [in favor of Measure A (1991)] should be Charles Tillman, Alice Challen, M.D., Mayor Corica and Vice -Mayor Arnerich. President Corica stated, up until this time, people who write Ballot Measures are the ones who write Ballot Arguments, as was done in 1973; would like Dr. Challen, Charles Tillman and himself, to write the Argument [for proposed Charter Amendment]. Councilmember Withrow stated that the Council, at the last Council Meeting, unanimously agreed to put the Measure on the Ballot; Mayor Corica, Dr. Challen and Mr. Tillman, Councilman Arnerich if he wishes, draft an Argument in support of the Measure; bring the Argument back for Council's endorsement, which will add strength to it, and send it to the City Clerk. Councilman Arnerich clarified that the signers [authors] of the Argument would be Corica, Tillman and Challen. Councilmember Withrow responded fine, but it [Argument] comes back for Council approval so that the legislative body, in total, support that particular Argument. Councilman Arnerich commented that he would prefer the authors of the Measure draft the Argument, although he thanks Mr. Degemann for including him. Councilmember Withrow agreed. Councilmember Camicia seconded the motion. The motion was carried Following discussion Councilmember Withrow presents analyses on approve, or decline to Councilmember Withrow Councilmember Camicia unanimous voice vote - moved suggestion. Councilmember Withrow by unanimous voice vote - 5. on whether impartial analyses are necessary, stated if the City Attorney prepares and December 18th, Council may review same and include, the analyses. moved to request [impartial analyses]. seconded the motion which was carried by 5. 90 -860 From Public Works Director regarding status on proposed Bart shuttle. President Corica stated he believes the shuttle would be a boon to the City. William R. Delaney, 1700 Dayton Avenue, Co- Chairperson, Central Alameda Neighborhood Association (CANA), addressed the lack of need for busses in and around Grand Street; and stated he has 600 signatures of persons who would not support busses in that area, but would promote better current bus service and improved ferry service. December 4, 1990 41 Barry Parker, 1622 Dayton Avenue, (CANA), stated an agreement was made by the City with Utah Construction a number of years ago to keep Grand Street a residential street, not allowing large commercial vehicles on Grand Street for more than one block, and hopefully, Council will not allow that area to become a thoroughfare for commercial vehicles. The Public Works Director stated that, since hearing the concerns of persons in the area who have spoken at AC Transit and other hearings, another route has been considered which will supply good service to employment areas and will not be on Grand Street. Allan Brohard, 918 Grand Street, CANA, reaffirmed Mr. Delaney's and Mr. Parker's remarks; and expressed appreciation for the Public Works Director's comments. William Taylor, 915 Grand Street, CANA, stated he commutes to San Francisco, but would not want to see the service under discussion used as an alternative to the ferry service; questioned what will happen in a few years when the City has ten vehicles which need to be maintained; and suggested, before proceeding with shuttles, be sure there is enough ridership. John Scott Graham, 1728 Tregloan Court, stated he does not favor busses on Grand Street, and proposed a new limited line from Fruitvale BART Station to Blanding and Broadway, linking AC Transit lines Nos. 51, 51a, 61, and 0 express, and ending the route at NAS or the Alameda Ferry Terminal. Councilman Arnerich stated a good question was brought up (by Mr. Taylor) regarding what happens to the vehicles in a few years; if the effort is not successful, the vehicles can be sold; and noted the shuttles will not affect the ferry service. Councilmember Thomas stated she uses Oakland West BART Station because it is faster and connections are not necessary as at the downtown station; shuttle service needs to be provided that will take citizens around the City; and noted there will be some demand for the shuttles but a reduction of need for AC Transit busses. The Public Works Director stated routes have been studied; ridership will be monitored, and routes may be changed. Councilmember Withrow referred Councilmember Thomas's comments regarding Oakland West, to the Public Works Director, noting there is a train every three minutes to Oakland West; shuttling persons to 12th or 14th Streets, to wait longer, will not work well. 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. December 4, 1990 413 The City Manager stated routes have been reviewed; the proposed shuttle program is a start; adjustments may be made later, e.g. change of routes, addressing the ferry service, etc. Councilmember Thomas moved that as a condition of approval, the matter be reviewed and brought back before Council six months after the service goes into operation, with ridership figures, and readjustment of routes accordingly, to service the ferry, and shoppers locally. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-861 From Public Works Director regarding status of compliance with Assembly Bill 939 and authorization to proceed with a Memorandum of Understanding [MOU] in order to comply with AB939 requirements. Councilmember Camicia moved recommendation [to execute MOU with Alameda County Waste Management Authority, and staff continue working with Brown and Caldwell on Waste Characterization study]. Councilman Arnerich seconded the motion which was carried by unanimous voice vote - 5. 90-862 From Community Development Director regarding reprogramming CDBG Funds to Woodstock Park Handicap Access and Wheelchair Ramps and amending 1990-91 CDBG Final Statement accordingly. Councilmember Camicia moved the recommendation [to reprogram funds]. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-863 From Recreation and Parks Director regarding Park Staffing Study and recommendations. David Plummer, 1401 High Street, noted the problems at Lincoln Park, and stated one person cannot maintain an entire park, and the Recreation and Parks Department maintenance staff is greatly understaffed. Don Sherratt, 74 Basinside Way, Chairman, Recreation Commission, stated when the new parks open, the City must have staff to maintain the parks; and requested when additional revenue is received, that personnel be added to the understaffed Recreation and Parks Department staff. Councilman Arnerich agreed with speakers that personnel is needed and the parks must be maintained; and moved the Assistant City Manager's recommendation. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-864 From Chief of Police on crime and traffic experience. Councilmember Thomas stated the report is excellent; and although the City has crime, the Police Department is doing an excellent job December 4, 1990 414 reducing it. Councilman Arnerich noted, not only down. In response to Councilmember Thomas, current traffic enforcement efforts. Councilmember Withrow moved to accept the report. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. crime, but traffic problems are the Chief of Police explained 90-865 Resolution No. 12050 "Authorizing the filing of an application with the Metropolitan Transportation Commission [MTC] for SB36X and/or AB5X Emergency Transportation Services Funds in the Fiscal Year 1990-1991 and 1991-1992 for Alameda/Oakland Ferry Service Operations." Adopted. Councilmember Withrow inquired what would happen if the application is not approved. The Public Works Director responded MTC has pledged enough money to subsidize the City's current contract with Red and White Fleet through next March, using Measure 1 monies, however, there is additional money available, and MTC would like the City to have some other source of funding, if the City can get it, to release some of that money and to continue the service beyond March, and requested the City to apply for some of this year's money, and all of the subsidy, perhaps for the next year, from State funds. Councilmember Withrow moved approval. Councilmember Camicia seconded the motion which was carried by unanimous voice vote - 5. 90-866 Resolution No. 12051 "Authorizing the filing of applications with the Metropolitan Transportation Commission for allocation of Transportation Development Act Funds for Fiscal Year 1991-92." Adopted. Councilmember Camicia moved adoption. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. INTRODUCTION OF ORDINANCES 90-867 Ordinance No. N.S. "Amending the Alameda Municipal Code by Amending Section 17-432 of Title XVII thereof to provide for the installation of a four-way stop at the intersection of Fernside Blvd. and Liberty Avenue. (Consideration may be given to locating this four-way stop atlEastshore Drive/Garfield Avenue rather than Liberty Avenue.) Councilman Arnerich moved introduction of ordinance providing for installation of a four-way stop at the intersection of Eastshore Drive and Garfield Avenue. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. Councilman Arnerich moved denial of ordinance providing for December 4, 1990 415 installation of a four-way stop at the intersection of Fernside Blvd. and Liberty Avenue. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. 90-868 Ordinance No. , N.S. "Amending the Alameda Municipal Code by Amending Section 17-432 of Title XVII thereof to provide for the installation of a four-way stop at the intersection of Fernside Blvd. and Central Avenue." Councilman Arnerich moved introduction of ordinance providing for installation of a four-way stop at the intersection of Fernside Blvd. and Central Avenue. Councilmember Withrow seconded the motion which was carried by unanimous voice vote - 5. FINAL PASSAGE OF ORDINANCES 90-869 Ordinance No. f 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." Tabled. Don Roberts, 880 Portola Avenue, urged Council repeal ordinance. Councilmember Camicia commented it makes sense to keep this ordinance in place; United Cable takes more than $5,000,000 out of this City each year; he does not believe the tax is too much to request. Councilmember Withrow stated he agrees, believes United Cable can well afford the tax, and that the tax will not come from the ratepayers. Councilman Arnerich inquired if one percent would net $50,000 for the City, to which the City Manager replied in the affirmative. Councilman Arnerich stated he previously has requested, and would like to consider, other percentages; and he wants to be sure ratepayers will not be paying. Councilmember Camicia suggested figures be provided to Councilman Arnerich. President Corica suggested tabling the ordinance so figures can be provided. Councilmember Withrow moved the ordinance be tabled. Councilmember Thomas seconded the motion which was carried by unanimous voice vote - 5. 90-870 Ordinance No. 2519, 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." Adopted. Councilmember Thomas noted after the ordinance had been introduced, letters were received on the matter from citizens. December 4, 1990 416 The Public Works Director stated those persons have some concerns over rotation of parking; staff still believes the ordinance is probably a reasonable solution. 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. UNFINISHED BUSINESS 90 -871 Councilmember Camicia read into the record, for clarification purposes, that the sentence following Section 7.1 in the Agreement with Alameda Unified High School District [Paragraph 90 -852] read: "the City shall have the right of first refusal on the purchase of Mastick School site if more than one public entity desires to purchase the property." Following discussion on the wording, the City Attorney noted the statement could read ". . . if any other public entity, other than the City of Alameda, desires to purchase the property." 90 -872 Councilmember Camicia stated the Chairman of the Historical Advisory Board (HAB) and he, both believe it would be a good idea to name the new Court House after Judge MacDonald, and suggested the Board write a letter to the County. 90 -873 Vice -Mayor Arnerich suggested the Clerk canvass the City Council regarding the date of the first meeting in January, 1991, due to New Year's Day falling on Tuesday. 90 -874 Mayor Corica expressed concern that curbs were being painted red beyond the five feet requirement, e.g., at the corner of Post and Encinal, and that Park Avenue has a parking space in front of the AC Transit bus stop. The City Manager stated the matters should be agendized for Council consideration. BILLS 90 -875 Ratification of Bills. Councilmember Withrow moved ratification of the Bills [in the amount of $937,499.98]. 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. NEW BUSINESS 90 -876 Councilmember Thomas stated she would like a full report on City's bond issuances, including Mello Roos, Marina Village (tax increments), and 'QED (including reimbursement of City Attorney fees) . December 4, 1990 ADJOURNMENT 41,7 President Corica adjourned the meeting at 11:42 p.m. Respectfully submitted DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted 72 hours in advance in accordance with the Brown Act. December 4, 1990