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1996-04-16 MinutesMINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL APRIL 16, 1996 The meeting convened at 7:55 p.m. with President Appezzato presiding. ROLL CALL - PRESENT: Councilmembers Arnerich, DeWitt, Lucas, Vice Mayor Mannix and Mayor Appezzato - 5. ABSENT: None. (96-198) Presentation of Certificates of Recognition to Members of the U19 Triple A Renegades Team, 1995; 1995-96 California Youth Soccer Association State Champions. President Appezzato requested the Team's Coach, Mr. Jack Cooley, to call each player forward for presentation of a Certificate of Recognition and City Pin. A Special Certificate was presented to Sponsor Lawrence Quintero, Owner of the Acapulco Restaurant; and Certificates were presented to Jack and Terri Cooley also The City Council congratulated the Team on its success. Adjournment President Appezzato adjourned the Special Meeting at 8:00 p.m. Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. Special Meeting, Alameda City Council April 16, 1996 MINUTES OF THE REGULAR MEETING OF THE ALAMEDA CITY COUNCIL APRIL 16, 1996 The meeting convened at 8:01 p.m., with Mayor Appezzato presiding. Vice Mayor Mannix led the Pledge of Allegiance. Reverend Lois "Suji" Hochenauer of the Home of Truth gave the invocation. ROLL CALL Present: Absent: Councilmembers Arnerich, DeWitt, Lucas, Mannix and Mayor Appezzato - 5. None. PROCLAMATIONS AND SPECIAL ORDERS OF THE DAY None. CONSENT CALENDAR President Appezzato stated that the following items were pulled from the Consent Calendar for discussion: 4-C (96-204) [Report from City Manager recommending a process for preparing comments on the Oakland Airport Expansion Project EIR/EIS]; 4-D (96-205) [Report from the Planning Director transmitting recommendation from the Historical Advisory Board that the City Council direct staff to apply for a Certified Local Government Grant for 1996]; 4-E (96- 206) [Bi-monthly Report from the Community Development Director regarding West Alameda Target Area Activities]; 4-F (96-207) [Report from Finance Director transmitting Investment Portfolio for Quarter ending March 31, 1996]; 4-1 (96-208) [Introduction of Ordinance Amending the Alameda Municipal Code by Amending Certain Sections of Chapters XIII and XXX to Bring Them Into Conformance with the Adoption of Uniform Building and Associated Codes as Contained in Ordinance No. 2714]; and 4-J (96-209) [Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 22-7, Article I, Chapter XXII, Requiring Blinder Racks and Amending Subsection 1-2 of Chapter-I]. Councilmember Lucas moved approval of the remainder of the Consent Calendar. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. Items so enacted or adopted are indicated by an asterisk. 4-A. (*96-199) Minutes of the Special and Regular City Council Meetings of April 2, 1996. Approved. Regular Meeting, City Council April 16, 1996 rt' 4-B. (*96-200) "Report from Chair, Mayor's 4th of July Parade Committee, recommending approval to conduct the 21st Annual Parade." Accepted. 4-C. See Paragraph (96-204). 4-D. See Paragraph (96-205). 4-E. See Paragraph (96-206). 4-F. See Paragraph (96-207). 4-G (*96-201 ) Resolution No. 12757 "Declaring Canvass of Returns and Results of the Consolidated Special Municipal Election held on March 26, 1996." Adopted. Whole number of ballots cast: 17,494 Total number of votes for each Measure: Measure C Measure D Yes: 7,067 No: 9,375 FAILED. Yes: 8,867 No: 5,998 PASSED. Votes by precinct are attached hereto and made a part hereof by reference. 4-H. (*96-202) Resolution No. 12758 "Supporting Senate Bill 1977." (Sales Tax Redistribution). Adopted. 4-1. See Paragraph (96-208). 4-J. See Paragraph (96-209). 4-K. (*96-203) Bills for ratification. Ratified. 4-C. (96-204) Report from the City Manager recommending a process for preparing comments on the Oakland Airport Expansion Project EIR/EIS. Accepted. William McCall, former Alameda Mayor, requested an explanation of the recommendation; stated that he served as President of the Regional Airport Systems Study many years ago; that the Oakland Airport was supposed to be much larger; that there should be an outboard runway almost to the ferry; and he was in favor of Project. The City Manager gave an oral status report on the Project. President Appezzato stated that Project included the Cross Airport Roadway which should alleviate traffic, and help develop acreage out at Harbor Bay. Regular Meeting, City Council April 16, 1996 2 Councilmember Mannix moved acceptance of the report and the staff recommendation that: "City Council approve the three- part process for preparing comments on the Oakland Airport Expansion Project EIR/EIS, namely (1) receive comments from the community via a public forum at a date and time to be determined when the document has been released; (2) solicit comments from the Airport Operations Committee; and finally, (3) include comments from staff and consultants." Councilmember Lucas seconded the motion. Under discussion, Councilmember DeWitt stated that he serves on the Airport Operations Committee; and commented on the open forum process for EIR/EIS. The motion carried by unanimous voice vote - 5. 4-D. (96-205) "Report from the Planning Director transmitting recommendation from the Historical Advisory Board that the City Council direct staff to apply for a Certified Local Government Grant for 1996." Accepted. Shirley Cummins, Alameda, inquired whether the historic Webster House could receive some Grant funding. The Planning Director responded that Certified Local Government Grants do not permit payments for capital improvements. Councilmember Lucas moved acceptance of the report and recommendation. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 4-E. (96-206) "Bi-Monthly Report from the Community Development Director regarding West Alameda Target Area Activities." Accepted. Shirley Cummins, Alameda, stated that she hoped the bi-monthly report would include the meeting in progress on the Bridgeport Apartments; she attended one meeting when a speaker inquired whether any of the housing would be for home ownership, and the reply heard was, "at times, we have done this;" and that public meetings should not be scheduled to conflict with one another. President Appezzato stated that other meetings were scheduled on the subject, and a Public Hearing would be held before the City Council also. Don Bergen, Alameda, stated that the property owner of Tillies Regular Meeting, City Council April 16, 1996 3 Restaurant, the Hideaway Bar and Barber Shop resides in the prestigious Blackhawk Community; and that he [Bergen] has difficulty with taxpayers subsidizing such properties [e.g., Tillies]. Vice Mayor Mannix moved acceptance of the report. Councilmember Lucas seconded the motion. In response to Councilmember Lucas's inquiry, the Public Works Director explained the undergrounding of utilities program, e.g. funding, payment plans, and timeframe. The Community Development Director stated that Community Development was pursuing employing an archeologist to determine, in an area -wide manner, the potential of human remains and /or artifacts in the Target Area. On call for the question, the motion carried by unanimous voice vote - 5. 4 -F. (96 -207) "Report from Finance Director transmitting Investment Portfolio for Quarter ending March 31, 1996." Accepted. Shirley Cummins, Alameda, inquired about the Investment Portfolio, and whether the City has money for eminent domain proceedings to purchase Mrs. Gloria Lohr's property. The City Manager gave a brief overview of the Investment Portfolio. He explained that the money for acquiring the property would come from tax increment funds collected from the Business and Waterfront Improvement Project, and Council has set aside over $200,000 for the purpose of acquiring dilapidated buildings within the District. President Appezzato advised Ms. Cummins to contact the City Auditor for additional information on Investment Portfolios. Vice Mayor Mannix moved acceptance of the report. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. 4 -I. (96 -208) "Introduction of Ordinance Amending the Alameda Municipal Code by Amending Certain Sections of Chapters XIII (Building and Housing) and XXX (Development Regulations) to Bring Them Into Conformance with the Adoption of Uniform Building and Associated Codes as Contained in Ordinance No. 2714." Introduced. Shirley Cummins, Alameda, stated that she believes City Regular Meeting, City Council April 16, 1996 4 Ordinances should be published in the newspapers, so residents are aware of Municipal Code changes and violations. Councilmember Lucas moved introduction of the Ordinance. Councilman Arnerich seconded the motion, which carried by a unanimous voice vote - 5. 4-J. (96-209) "Introduction of Ordinance Amending the Alameda Municipal Code by Amending Section 22-7 (Newspaper and Periodical Vending machines), Article I, (Streets) of Chapter XXII (Streets and Sidewalks), Requiring Blinder Racks and Amending Subsection 1-2 (Definitions) of Chapter I (General)." Introduced. Gary McAfee, Alameda, suggested that the Police Department remove the Spectator's news rack located across from the Main Library on Santa Clara Avenue, Carol Knight, Alameda, stated that the proposed Ordinance was a good first step; and read from the January 1995 Kiplinger's California Letter on Assembly Bill 17 (Pornographic Matter). The City Attorney stated that she was aware of legislation passed approximately 15 months ago; that the matter has been held in abeyance, and challenged by various newspaper groups, including the Spectator; and that the City would monitor the matter and advise Council. Councilmember Lucas reported that Council tried to pass a zoning law banning pornography in newspaper racks within 500 feet of a residence in the 1980s, and lost the case. Vice Mayor Mannix moved introduction of Ordinance. Councilmember Lucas seconded the motion, which carried by unanimous voice vote - 5. 5. REGULAR AGENDA ITEMS 5-A. (96-210) "Status Report from the Public Works Director on Enforcement of Boarded Building and Vacant Parcel Monitoring Regulations; and Resolution No. 12759 Confirming Special Assessment of Boarded Building and Vacant Parcel Monitoring Fee Against Various Properties." Adopted. William McCall, former Alameda Mayor, stated that the boarded building at 1629 Park Street is located near Alameda's car dealers; that boarded/vacant buildings should be put on a Regular Meeting, City Council April 16, 1996 5 list so citizens are able to see how badly the places look; and that people want Alameda cleaned up. Mayor Appezzato stated that Council had made significant progress. Lynne Fitzsimmons, President, Park Street Business Association, stated that the Business Association supported the assessments and would help the City open up vacant buildings. John Ravet, Alameda, stated that the property located at 1209 Lincoln Avenue should be added to the list of vacant buildings; and that vacant properties are fire hazards. Mayor Appezzato noted that some properties, for obvious reasons, cannot be listed yet. Councilman Arnerich moved adoption of the Resolution. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 5-B. (96-211) Report from the Community Development Director recommending Amendments to CDBG Consolidated Plan and FY 1995- 96 Action Plan; Adoption of FY 1996-97 Action Plan; and Authorization for the City Manager to Execute Certifications, Grant Agreements and Related Documents. Stephanie Garrabrant-Sierra, Sentinel Fair Housing, stated that she was available to answer any questions. Neil Patrick Sweeney, Alameda, stated that Treasure Island closed on April 1, 1996; 350 of the reservists were transferred to the Naval and Marine Corp Reserve Center on Clement Ave.; and that all reservists should have been transferred to help with base conversion. Mayor Appezzato stated that the Naval Air Station was closing and its personnel could not be transferred to the base; and that Alameda had received the second largest number of federal grants for base closure, due to the base closure process and regional cooperation. Shirley Cummins, Alameda, inquired whether there had been public notice given regarding the matter before Council, to which President Appezzato responded in the affirmative. Councilman Arnerich explained how information was provided to the City Council and media. Regular Meetmg, City Council April 16, 1996 6 Councilmember Lucas commended staff for fully funding the Four Bridges Program. President Appezzato noted that Alameda received $576,000.00, compared to $1.3 million normally received from the federal government. Councilmember DeWitt stated that if Alameda does not receive full funding, Council could cut all programs by five percent, rather than eliminate programs. The Community Development Director explained funding of the Midway Shelter Program; and stated that if full funding was not received, staff would undertake negotiations with other agencies, regarding teenage assault awareness and refugee support programs. Councilmember Lucas stated that if funding was cut, Council should reconsider continuing the Midway Shelter Program, since it serves a small percentage of Alamedans. Councilmember Lucas moved approval of the report and recommendation. Councilman Arnerich seconded the motion, which carried by unanimous voice vote - 5. 5-C. (96-212) Report from the Community Development Director regarding Expansion of Home Ownership Opportunities in Alameda. * Written Communication from Peter Fletcher, President, Alameda Association of Realtors, requesting that the City Council adopt an official goal of 70 percent home ownership for Alameda. Neil Patrick Sweeney, Alameda, suggested use of the Internet to expand home ownership. William McCall, former Alameda Mayor, spoke in opposition to the adoption of an official goal of 70 percent home ownership for Alameda; stated that Alameda Realtors should come up with a solution for accomplishing 70 percent home ownership; and that Realtors should conduct a study and report to Council. Peter Fletcher, President, Alameda Association of Realtors, stated that the Realtors would like the City Council to adopt a policy for a goal of 70 percent; that the Association would work with the City; and Mr. Fletcher read the Association letter [noted above] and resolution from the Association to Council. Regular Meeting, City Council April 16, 1996 7 Councilmember Lucas inquired whether the proposed moratorium against infill housing included rental infill housing, to which Mr. Fletcher responded in the affirmative. Following discussion regarding the cost and availability of affordable single-family homes, Mr. Fletcher stated that he would report back to Councilmember Lucas and Mayor Appezzato. Eve Roberson, Alameda, spoke in support of the Realtors Resolution; urged Council to adopt a goal of 70% home ownership for Alameda; and suggested matter be referred to Planning Board for implementation. Carol Knight, Alameda, stated that she, generally, does not like government involvement; that citizens get taxed every time they turn around. Shirley Cummins, Alameda, stated that people would rather own a home, than receive housing subsidies. Councilmember Dewitt stated that he supports the idea of home ownership; he would like Council to implement a home ownership goal; that implementation methods must be reviewed; he is against using General Fund monies; and supports establishing a committee to study the issue. Mayor Appezzato stated that if Council adopted the goal and requested that a procedure be developed, the matter would come back to Council for approval. Councilmember Lucas stated that Alameda does not have to re- invent the wheel; Hayward has been working on matter for over a year; she does not want to wait another six months by giving the matter to a committee; and that she would like the staff to report back to Council in a month with a proposal. Councilman Arnerich stated that he was in agreement with Councilmember Lucas; the matter should come back to Council within thirty days. Vice Mayor Mannix stated that a committee would have market- place expertise; that he is not certain a 70 percent goal for Alameda is appropriate; a number of residents may not want to sell their rental properties, are retired and receiving pension benefits; that absentee landlords may not want to sell their properties; and he supports the committee process if Committee is abolished after making its recommendations. Mr. Fletcher stated that the goal of 70 percent is only 3 percent above the national goal; it is a goal that [local] cities are taking on; the idea is to assist Alamedans to Regular Mecting, City Council April 16, 1996 8 rn. become home owners; and it will take a lot of work on all sides. Councilmember DeWitt stated that he has concerns regarding financing; and that he believes million of dollars in assistance is being considered. Councilmember Lucas moved that Council request staff to review the home ownership goals of surrounding communities, and report back to Council on how the communities with a seventy percent home ownership goal propose to make it possible. Councilman Arnerich seconded the motion, and stated staff report back to Council at the second meeting in May. President Appezzato stated that he liked the comments made by Eve Roberson; that he would like the Community Development Department to try to generate funding for the project; he can support proposal if given to the staff and a Public Hearing(s) held at the Planning Board level; and inquired whether the motion would be amended accordingly. Councilmember Lucas responded in the affirmative. Vice Mayor Mannix stated that he believes Council should establish a committee; he cannot support the niotion, although supports the issue philosophically. At the request of President Appezzato, Councilmember Lucas restated the motion: "Staff come back with recommendation on how to implement a possible 70 percent goal after reviewing what surrounding communities are doing; and after having a Public Hearing before the Planning Board." President Appezzato stated that he thought financing- and committee issues could be addressed by the Planning Board first, and complimented previous City Councils who implemented Measure A. The motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato -4. Noes: Vice Mayor Mannix - 1. Absent: None. 5-D. (96-213) "Report from the Public Works Director Authorizing the Inclusion of a Cul-de-sac at Eagle Avenue at Tilden Way into the Design and Environmental Review Process for the Tilden Way Reconstruction Project." Accepted. Councilman Arnerich moved acceptance of the report. Councilmember DeWitt seconded the motion. Regular Meming, City Council April 16, 1996 9 Under discussion, Vice Mayor Mannix stated that he was not comfortable with the recommendation, and would not support the motion. On call for the question, the motion carried by the following voice vote: Ayes: Councilmembers Arnerich, DeWitt, Lucas and President Appezzato - 4. Noes: Vice Mayor Mannix - 1. Absent: None. 5-E. (96-214) Ordinance No. 2721 "Final Passage approving and authorizing the Execution of a Sublease Agreement between the Alameda Reuse and Redevelopment Authority, as Sublessor of the United States of America Acting Through the Department of Navy, and the City of Alameda,as Sublessee, for Use of Approximately 6.5 Acres at the Naval Air Station (Atlantic Avenue and Main Street) as a Soccer Field with Related parking." Finally adopted. Allen Derr, Alameda, stated that leasing the property was probably a good idea; he attended a Recreation Commission and staff stated that there was no intention of keeping property as a soccer field for very long; he believed the City should be careful allocating funds to fix property up; and he did not want to see another baseball diamond that will not drain. The City Manager stated that the long-term plan for the area was research and development, and the City would try to get by with the least amount of investment. Roberto Lodigiani, representing the Alameda Soccer Club, stated that it is estimated that 500 players, ages 12-19, will use the field; and requested Council support for the Ordinance. President Appezzato noted that the Alameda Soccer Club would try to help with limited resources. Councilmember Lucas moved final passage of the Ordinance. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. 5-F. (96-215) Written Communication from Don Bergen, Alameda, requesting consideration of a vinyl, self-adhesive Warning Sign, prohibiting the placement of all types of signs and graffiti on all street lights, transformers, utility boxes, etc.; and a resolution strengthening existing laws. Don Bergen, Alameda, distributed a handout; he stated that he would like a fine instituted; and discussed the unsightly residue left from illegal posting of notices and signs. Regular Meeting, City Council April 16, 1996 10 In response to Mr. Bergen, the City Manager stated that the current Alameda Municipal Code states that it is illegal to post on the poles within the public right-of-way; quoted current fines; and observed that he does not believe warning signs would be a deterrent. President Appezzato suggested that the Bureau of Electricity include an article regarding prohibition of placing signs on street lights, etc. in the Bureau's Electric Flash publication. William McCall, former Alameda Mayor, stated General Order 95 prohibits signs of any kind on utility poles. Councilmember Lucas moved acceptance of the communication, with caveat that the City Manager follow through with a notice. [Motion failed due to lack of a second) Under discussion, Councilman Arnerich stated that warning signs would not deter anyone from posting; if advised by the public where problem areas are, the City can have illegal postings removed. Councilmember Lucas moved the acceptance of the Written Communication. Vice Mayor Mannix seconded the motion, which carried by unanimous voice vote - 5. *** Council recessed at 10:00 p.m. and reconvened at 10:10 p.m. * * * ORAL COMMUNICATIONS, NON-AGENDA (Public Comment) 6-A. (96-216) Neil Patrick Sweeney, Alameda, stated that a UCSF second campus should be located within the converted Alameda Naval Air Station. 6-B. (96-217) Allen Derr, Alameda, stated that he attended Recreation Meetings and requested something be done about the condition of barbecue grills in City parks; Council adopted an Ordinance which prohibits people from using personal barbecue grills in the parks; and that he had brought a photograph of a grill located in Washington Park for Council/Staff's review. 6-C. (96-218) Allen Derr, Alameda, stated that Measure C was soundly beaten; however, a Library was still needed. Mayor Appezzato stated that he had requested the City Manager to report to Council on the future direction of the Linoaks Regular Meeting, City Council April 16, 1996 11 Motel and retrofitting of the Carnegie. 6-D. (96-219) Don Bergen, Alameda, read letter by R.J. Minton regarding various issues, e.g. taxation. 6-E. (96-220) John Ravet, Member of the Alameda Breakfast Lions Club, stated that the organization holds a student speaker competition event each year; that Earl Rivard, an Encinal High School student, won this year; that Mr. Rivard would be speaking in Concord for the District; and that the Mayor should commend Mr. Rivard. President Appezzato requested the City Manager and City Clerk to invite Earl Rivard to a City Council Meeting for appropriate recognition when the competition was over. 6-F. (96-221) Gerhard Degemann, Alameda, stated that he enters the Council Chamber with respect; and Council should have a policy regarding removal of hats. 6-G. (96-222) Tim Hayenga, Alameda, provided a handout to Council; invited community to a forum on Diversity in the Community, on Saturday, April 27, 1996 at the Central Baptist Church. 6-H. (96-223) Chair Michael Hellmann, Committee for the Disabled, submitted a copy of a letter printed in one of the City newspapers, entitled "Building Needs Fire Inspection;" he read the first paragraph; he stated that the second and third pages are findings of the Committee worked on at length; findings pertain to access for the handicapped at the Altarena Playhouse; that the woman [writer of the letter] attended the Committee's meeting held April 15; that, as Chair, it was important to bring [the matter] to Council's attention; the final page of the handout has headline: "Philippines disco fire kills 150;" that Committee Members have been to the Playhouse and shared their concerns with him, e.g. access was scary and something should be done; and that he appealed to the City Council and staff to please have somebody check it out. Councilmember Lucas stated that the Altarena Theater had been inspected by the Building and Alameda Fire Departments, and that she would like a staff report on the issue. 7. COUNCIL COMMUNICATIONS (Communications from Council) 7-A. (96-224) Selection of Alternate Delegate to the Association of Bay Area Governments General Assembly April 19, 1996. Mayor Appezzato designated Councilmember Lucas as the Alternate Delegate to the Association of Bay Area Governments. Regular Meeting, City Council April 16, 1996 12 7-B. (96-225) Consideration of Mayor's nomination for appointment of a Tenant Member to the Housing Commission. Mayor Appezzato nominated Robert Ryan for appointment as a Tenant Member to the Housing Commission. 7-C. (96-226) Mayor Appezzato stated that several people brought to his attention the traffic pattern at Broadway/Bayview Drive, and he would like the matter back for final resolution. 7-D. (96-227) Councilman Arnerich announced that on April 30th the Houseboat in the Estuary will be removed, demolished, and/or towed away. 7-E. (96-228) Vice Mayor Mannix requested adjournment in memory of Noel Mackey, retired civilian employee of the Alameda Police Department. 8. ADJOURNMENT 8-A. (96-229) Mayor Appezzato adjourned the meeting in memory of Noel Mackey, at 10:31 p.m. * * * Respectfully submitted, DIANE B. FELSCH, CMC City Clerk The agenda for this meeting was posted in advance in accordance with the Brown Act. ReguLtr Meeting, City Council April 16, 1996 13